What Happens in a Chapter 9 Bankruptcy?

In a previous Policy Brief (Volume 9, Number 51) we raised the question of whether Pittsburgh’s legacy costs could force the City to seek relief under Chapter 9 of the U.S. Bankruptcy Code. Under Chapter 9 a judge would oversee a readjustment of debts.  Pennsylvania’s Act 47 permits a municipality in financial distress to pursue a Chapter 9 filing if one of the following conditions is present:

 

  • The Act 47 coordinator recommends filing
  • There is imminent action by a creditor that would threaten the ability of the municipality to provide services
  • A creditor has rejected the Act 47 plan and the rejection cannot be resolved
  • A condition causing financial distress could be solved by filing
  • The governing body has failed to adopt an Act 47 plan or carry out the recommendations of the coordinator

 

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