Detroit

NO CLE Credit Available - Free Session. Join in a dialogue led by former ABI Presidents: Richardo I. Kilpatrick Kilpatrick & Associates, PC; Auburn Hills, Mich. Melissa Kibler Knoll Mesirow Financial Consulting, LLC; Chicago Michael P. Richman Hunton & Williams LLP; New York

This panel of Chapter 9 specialists will discuss the Chapter 9 bankruptcy process including eligibility under Chapter 9, the authority of the bankruptcy court, powers of the municipal debtor, the role of creditors, the automatic stay, issues peculiar to certain types of Chapter 9 debtors such as hospitals and cities and the recent developments in chapter 9.

This single plenary session will feature a policy-oriented panel discussing the reasons for municipal insolvency nationally, with a particular focus on the New England Region. The panel of highly-experienced government officials, municipal receivers and thought leaders will review and debate the challenges faced by state and local leaders in their efforts to address the financial stress facing many of our cities and towns. Among the issues to be addressed are: the pressures of labor contracts, legacy benefits, and pension and retirement plans on municipal budgets; creditor and bondholder relations; sections of the code that impact these issues; and trends arising from the most recent cases. The panel may also touch on needed Chapter 9 reform. Lawyers, lenders, insolvency specialists, as well as those interested in the future of our cities and towns, will be interested in this program.

Chapter 11 Track: Chapter 9s, Nonprofits and Other Nontraditional Restructuring Processes The financial crisis has taken its toll on municipalities as evidenced by the increasing number of chapter 9 petitions over the last couple of years. Nonprofits have also faced challenges of their own and are increasingly finding themselves in bankruptcy court. This panel will explore the cutting-edge issues involved in these and other nontraditional restructuring processes.

The panelists will discuss pending Chapter 9 cases involving a number of California cities including Stockton, San Bernardino, and Mammoth Lakes, along with matters particular to municipalities in California including the requirements on AB 506 and its gate-keeper function, the structure and enforcement municipal bonds in California borne out of unique California constitutional requirements, the checkpoints that must be navigated for cities to gain access to the bankruptcy courts and the constitutional limits on the bankruptcy court’s jurisdiction under the 11th Amendment. The panel will also address issues that arise in Chapter 9 cases.

An overview of the chapter 9 process, why municipalities do or do not file for chapter 9 protection, and the financial liabilities municipalities face, including bond debt, budget shortfalls, unfunded pension liabilities and costly union contracts. The discussion includes methods for restructuring bond debt under a plan of adjustment, issues related to general obligation bonds and special revenue bonds, how such claims are treated under Chapter 9, and related plan confirmation and valuation issues.

The panelists will discuss the “nuts and bolts” of chapter 9, including who can seek relief under chapter 9, which sections of the Code apply, plan formation and plan confirmation. The balance of the program will focus on recent developments in the law resulting from the recent significant increase in chapter 9 cases, as well as a discussion of the current financial strains on states and municipalities that should result in a further increase in filings.

Municipalities and local government agencies have been forced to slash budgets during the recession. What can these entities do to restructure? Issues to be discussed include the reasons for municipal restructurings, eligible entities, restructuring options, state law remedies, and pension and legacy liabilities.