Showing 41 - 50 of 22,719
The bankruptcy process takes as a given the pre-bankruptcy allocation of economic risk. Yet, the Bankruptcy Code permits this risk to be reallocated through the adjustment process so long as that reallocation is "fair and equitable," does not "discriminate unfairly," and is in the "best...
Persistent link: https://www.econbiz.de/10013052783
Chapter 9 of the U.S. Bankruptcy Code provides relief exclusively to financially distressed state-based municipalities. Once a debtor municipality meets eligibility requirements however, Chapter 9 operates advantageously to debtors due to the constitutional protection of state sovereignty....
Persistent link: https://www.econbiz.de/10013059462
bondholders, public employees (active and retired), and other creditors affected by municipal insolvency, all of whom have a voice … voice at every stage of a chapter 9 proceeding, as taxpayers are directly and profoundly impacted by municipal insolvency …
Persistent link: https://www.econbiz.de/10013024808
The 2019 keynote address offers an important opportunity for economic historians and policy makers to better understand the nuances associated with Detroit’s recent financial problems, ultimate bankruptcy, and its broader implications for state and local governments in general. This episode is...
Persistent link: https://www.econbiz.de/10012513727
of insolvency and bankruptcy, which can have tremendous negative repercussions on service delivery by municipalities … insolvency regimes as an alternative to municipal bailouts. First, the advantages and disadvantages of local insolvency regimes … will be discussed from a theoretical perspective. Subsequently, empirical evidence from existing local insolvency regimes …
Persistent link: https://www.econbiz.de/10012586973
Financially distressed U.S. municipalities may be eligible for federal bankruptcy protection under chapter 9 of the Bankruptcy Code. These municipal debtors tend to be burdened by the claims of two large classes of creditors: bondholders, on the one hand, and beneficiaries of underfunded...
Persistent link: https://www.econbiz.de/10013216091
Calls for reforming the civil rights enforcement regime often focus on individual government officers. Recent years have brought demands to abolish qualified immunity—a defense that protects individual officers from liability so long as they did not violate clearly established law—and to end...
Persistent link: https://www.econbiz.de/10013291121
On July 18, 2013, the City of Detroit commenced the largest chapter 9 municipal bankruptcy in American history. This article examines the early phase of the case based on a review of audio recordings of court hearings and primary source documents. Decisions made during the pre-eligibility period...
Persistent link: https://www.econbiz.de/10013033600
Recent large municipal bankruptcy cases have called into question the rights of debtor-cities to impair their capital markets creditors, on the one hand, and beneficiaries of their unfunded public pension promises, on the other. As I show in a companion work, federal bankruptcy law generally...
Persistent link: https://www.econbiz.de/10013243011
Persistent link: https://www.econbiz.de/10012793136