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Simple English definitions for legal terms

Chapter 9 bankruptcy

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A quick definition of Chapter 9 bankruptcy:

Chapter 9 bankruptcy is a legal way for cities, counties, school districts, and other public bodies to fix their money problems. It lets them make a plan to pay back their debts and keep providing important services to their residents. Only public bodies can use Chapter 9, and they have to meet certain requirements to be eligible. Once they qualify, they have more power than a company in bankruptcy. They can make their own plan to pay back their debts, and creditors can't interfere. The court can't tell them how to run their government or use their money.

A more thorough explanation:

Chapter 9 bankruptcy is a legal remedy for insolvent municipalities to address their fiscal shortcomings through a reorganization plan. This provision allows municipalities to adjust their debts through an adjustment plan to "foster the continuance of municipalities rather than their dissolution."

Only municipalities may file bankruptcy under chapter 9, and no other chapter is available to municipalities. The definition of "municipalities" is relatively broad enough to include cities, counties, townships, school districts, and public improvement districts.

Chapter 9 is modeled after chapter 11, which protects a municipality from creditors, much like a commercial debtor receives protection in a chapter 11 case. In both proceedings, debtors enjoy an automatic stay. This provision protects debtors from creditors bringing any action against the municipality and grants debtors a "breathing spell" for negotiations on debt readjustment.

Chapter 9 differs from chapter 11 in several important respects. Chapter 9 requires municipalities to qualify for chapter 9 protections through eligibility requirements that go beyond those prescribed in chapters 11 and 7. A debtor under chapter 9 must meet five conditions to be eligible.

Once these threshold prerequisites are met, and the filing is approved, a municipality has more power than a corporate debtor in a chapter 11 case. This power is derivative of federalism concerns embodied in the Tenth Amendment, which forbids the federal government from interfering with the sovereign powers of the states, including the states' powers over their localities.

For example, under chapter 9, a municipality has exclusive rights to submit debt readjustment plans for confirmation; the exclusivity period is not limited in time, as in chapter 11. Creditors are barred from submitting plans of their own, even if there is a prolonged delay caused by the municipality.

Moreover, a trustee is generally not permitted to be appointed for the locality. The municipality continues its operations as a going concern with the same leadership, even if the leadership may impair the creditors' interests. The operations of the municipality are left to the local leaders' complete discretion.

Overall, chapter 9 bankruptcy provides a legal remedy for insolvent municipalities to address their fiscal shortcomings through a reorganization plan, allowing them to adjust their debts and continue providing essential services to their residents.

Chapter 7 bankruptcy | character and fitness

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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