Municipal Bankruptcy

Municipal bankruptcy has moved to the forefront of the restructuring world; every day seems to bring a new filing or precedent. A battle-tested group of restructuring professionals on the front lines of municipal bankruptcy will provide a “back to basics” look at chapter 9 and will discuss recent developments and future trends in municipal bankruptcies, as well as their role and place in the world of restructuring professionals.

Municipal bankruptcies are on the rise. This panel will discuss chapter 9 issues, including eligibility to file, recent developments, plan confirmation and cramdown issues, case-management issues, municipal bondholder claims, labor and pension issues, the role of mediation, alternatives to chapter 9, and the Detroit, Stockton, San Bernardino and Harrisburg municipal cases.

Chapter 9 poses difficult challenges, in no small part because the relatively limited body of case law provides courts and litigants with insufficient guidance. The panelists will draw upon their insight and experience to discuss some of the most interesting current issues, including the use of chapter 9 eligibility litigation for tactical objectives, the adjudication of plan confirmation issues, the challenges of pension fund restructuring, and the role of mediation in municipality cases.

Judicial Debate RESOLVED: Bankruptcy Code section 307 and the corresponding Federal Rules of Bankruptcy Procedure should be amended to permit the Court to limit the role of the United States Trustee in corporate chapter 11 cases for cause upon motion of an Official Committee of Unsecured Creditors appointed in the case. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: Hon. Peter W. Bowie 184974 U.S. Bankruptcy Court (S.D. Cal.); San Diego Con: Hon. August B. Landis 108698 U.S. Bankruptcy Court (D. Nev.); Las Vegas Business Debate Resolved: Municipalities should not be permitted to modify pension benefits in chapter 9. Mitchell Ryan 203605,Moderator Rust Omni; Orange, Calif. Pro: Sharon L. Levine 104784 Lowenstein Sandler LLP; Roseland, N.J. Con: James H.M. Sprayregen 100999 Kirkland & Ellis LLP; Chicago Consumer Debate Resolved: Trustees should not be permitted to sell property where there is no equity for the estate. Mitchell Ryan 203605, Moderator Rust Omni; Orange, Calif. Pro: C.R. "Chip" Bowles, Jr. 103012 Bingham Greenebaum Doll LLP; Louisville, Ky. Con: Ford Elsaesser 105080 Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho

Challenges posed by lack of precedent on cramdown, good faith, etc.; recent developments/precedents arising out of Vallejo, Stockton, Central Falls, Jefferson County, etc.; labor, pension and OPEB issues (who owns pension plans and assets?); general obligations vs. dedicated revenues vs. secured interests; federal and state constitutional issues (contract modification, pension impairment, imposition of taxation, limitations on spending, etc); state alternatives to chapter 9; selling/privatizing municipal assets; post-confirmation enforceability of taxing and paying agreements (Jefferson County); Oppenheimer AMT-Free Municipals decision; possible updates on Puerto Rico, Detroit; possible discussion of consequences of recent developments to the future of the municipal finance market

Municipal Meltdown: Emergency Managers, Receiverships and Other State Law Options for Addressing Municipal Distress

Industry leaders will address hot topics arising in Municipal Bankruptcies including eligibility and confirmation issues, challenges facing financial advisors to Chapter 9 debtors, the latest and greatest on the extent of Bankruptcy Court power under sections 903 and 904, special revenues and appellate procedural hurdles. The panel will also discuss the future of Chapter 9.

Luncheon Keynote at the Annual Spring Meeting