Chapter 9 Debt Agreement

Chapter 9 Debt Agreement

On the contrary, municipalities must use the little-used (and little understood) Chapter 9 of the Bankruptcy Act, a patchwork of federal laws that borrow concepts and sections from other chapters of the Bankruptcy Act to create a “last resort” forum that allows a municipality to resolve its problems outside the limits of otherwise existing public law. While Chapter 9 has only been used about 560 times since its inception, the devastating results of the recent global financial crisis, combined with decades of municipal government practices, which do not always address fiscal imbalances, indicate that Chapter 9 of the Bankruptcy Act will become a much more widely used instrument in the months and years to come. No clear answers to the pension obligation. As has already been said, the current and future commitment to pensions is one of the main problems of the municipalities. In countries that treat pension benefits as “unwavering rights” (and are therefore not subject to unilateral changes or dismissals due to various constitutional concerns), most efforts to reduce or modify these obligations outside of Chapter 9 are failures or, at best, tiny changes. However, the question remains whether Chapter 9 offers the possibility of broadening the circumstances in which pension obligations problems can be resolved. Few municipalities, if at all, have really tested these waters. A `municipality` is defined in Article 101(40) of the Bankruptcy Law as `political subdivision, public body or instrument of a State`. Although not defined by the Bankruptcy Act, “public bodies or instruments of a State” generally refer to any state-subsidized or state-controlled body that generates revenue through taxes or user fees for the construction or operation of public projects. As a result, the definition of “commune” includes some obvious examples such as towns, communes and villages. As the recent case of In re Las Vegas Monorail (below for a more detailed discussion) has shown, the parties` expectations of whether a particular entity is a community are not always correct. [10] States themselves, in particular, are not considered municipalities and are therefore not entitled to an exemption under Chapter 9. .

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