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Author: Federal Judicial Center Publisher: Government Printing Office ISBN: 9780160942112 Category : Business & Economics Languages : en Pages : 112
Book Description
This manual strives to provide a clearer path for judges and clerks of court handling a chapter 9 case. It outlines the statutory requirements and processes that apply in any Chapter 9 case and provides examples of relevant cases and resources. It is organized into several parts including: Part II summarizes the history of Chapter 9 and discusses constitutional challenges to the original municipal bankruptcy laws enacted in 1934 and the structural and constitutional issues analyzed by lower courts in the context of Chapter 9. Part II presents and overview of the Chapter 9 process, contrasting it with the Chapter 11 process and providing several primers on issues unique to a Chapter 9 case. This section also includes basic information on matters, such as municipal accounting, the municipal bond market, and public pension obligations. Part IV identifies key administrative matters for the judge and the clerk of court in a Chapter 9 case. Part V explains what transpires after the filing of a Chapter 9 petition and appointment of the bankruptcy judge. It follows not only the legal steps required at the beginning of the case and eligibility determination, but also covers questions, issues, and information the judge may want to consider as the case starts down the Chapter 9 path. Part VI discusses the administration of the case -- i.e. what happens after the order for relief but before the plan confirmation process. Part VII covers the end of a case: it examines the plan, the disclosure statement, and the confirmation process. it includes information on postconfirmation jurisdiction and implementation issue. You will also find information about modification of the plan or if the debtor is unable to confirm a plan within a reasonable time, or dismissal of a case. Part VII is devoted to smaller municipal cases and cases involving special purpose entities or instrumentalities of a state. Part IX focuses on larger municipal cases. These cases can present factors and considerations unique to the size of, and stakeholders, in these cases. Part X summarizes key takeaway points for judges and clerks of the court handling Chapter 9 cases.
Author: Federal Judicial Center Publisher: Government Printing Office ISBN: 9780160942112 Category : Business & Economics Languages : en Pages : 112
Book Description
This manual strives to provide a clearer path for judges and clerks of court handling a chapter 9 case. It outlines the statutory requirements and processes that apply in any Chapter 9 case and provides examples of relevant cases and resources. It is organized into several parts including: Part II summarizes the history of Chapter 9 and discusses constitutional challenges to the original municipal bankruptcy laws enacted in 1934 and the structural and constitutional issues analyzed by lower courts in the context of Chapter 9. Part II presents and overview of the Chapter 9 process, contrasting it with the Chapter 11 process and providing several primers on issues unique to a Chapter 9 case. This section also includes basic information on matters, such as municipal accounting, the municipal bond market, and public pension obligations. Part IV identifies key administrative matters for the judge and the clerk of court in a Chapter 9 case. Part V explains what transpires after the filing of a Chapter 9 petition and appointment of the bankruptcy judge. It follows not only the legal steps required at the beginning of the case and eligibility determination, but also covers questions, issues, and information the judge may want to consider as the case starts down the Chapter 9 path. Part VI discusses the administration of the case -- i.e. what happens after the order for relief but before the plan confirmation process. Part VII covers the end of a case: it examines the plan, the disclosure statement, and the confirmation process. it includes information on postconfirmation jurisdiction and implementation issue. You will also find information about modification of the plan or if the debtor is unable to confirm a plan within a reasonable time, or dismissal of a case. Part VII is devoted to smaller municipal cases and cases involving special purpose entities or instrumentalities of a state. Part IX focuses on larger municipal cases. These cases can present factors and considerations unique to the size of, and stakeholders, in these cases. Part X summarizes key takeaway points for judges and clerks of the court handling Chapter 9 cases.
Author: Federal Judicial Center Publisher: ISBN: 9781716555152 Category : Law Languages : en Pages : 106
Book Description
This manual strives to provide a clearer path for judges and clerks of court handling a Chapter 9 case. The manual outlines the statutory requirements and processes that apply in any Chapter 9 case and provides examples of relevant cases and resources. It does not provide an exhaustive listing of the applicable case law or commentary. Readers should recognize that many aspects of Chapter 9 practice are untested or not clearly established by statute or precedent. This manual does not attempt to fill those gaps or clarify the law in any substantive way. The manual cannot resolve, and does not attempt to resolve, the open questions that may exist in Chapter 9 practice. It is intended to provide useful information to assist judges in developing their own answers and approaches to these questions. The manual aims to sensitize judges and clerks of court to important considerations by identifying key issues and highlighting where ambiguity or uncertainty exists and to provide (1) probative questions for judges to evaluate as they plan for, and work through, a Chapter 9 case, and (2) reference resources, including representative case cites and commentary addressing the issues.
Author: WEST GROUP Publisher: Aspatore Books ISBN: 9780314279316 Category : Law Languages : en Pages : 339
Book Description
Chapter 9 Bankruptcy Strategies provides an authoritative, insiders perspective on the statute that allows municipalities to reorganize under the Bankruptcy Code. Featuring partners from some of the nations leading law firms, this book guides the reader through the basic principles and factors that any attorney or client venturing into a Chapter 9 case, either in a creditor or debtor capacity, must understand and evaluate before setting forth. These authors explore proven strategies for the Chapter 9 process, including deciphering the filing requirements, weighing the benefits and risks, assembling and confirming a plan of adjustment, and dealing with diverse and inconclusive state laws. From Orange County and Vallejo to Central Falls and New York City Off-Track Betting Corp., these top lawyers also analyze the intricacies of notable Chapter 9 cases and predict what entities may seek Chapter 9 protection in the future. Finally, these leaders discuss the role of the bankruptcy court in a Chapter 9, tips for working effectively with municipal clients, and the future of Chapter 9 legislation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this contentious field.
Author: United States Publisher: ISBN: Category : Law Languages : en Pages : 1506
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author: David A. Skeel Jr. Publisher: Princeton University Press ISBN: 1400828503 Category : Business & Economics Languages : en Pages : 296
Book Description
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Author: Federal Judicial Center
Author: Federal Judicial Center
Author: Federal Judicial Center
Author: WEST GROUP
Author: United States
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Author: Martin A. Frey
Author: David A. Skeel Jr.
Author: Texas
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Author: United States. Supreme Court