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ARTICLE · 14 JANUARY 2014

Ch. 9 Appeals May Open Doors For Distressed Cities

Fox Rothschild LLP
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Michael Sweet was quoted in the Law360 article "Ch. 9 Appeals May Open Doors for Distressed Cities."

United StatesInsolvency/Bankruptcy/Re-Structuring

Michael Sweet was quoted in the Law360 article "Ch. 9 Appeals May Open Doors for Distressed Cities." While the full text can be found in the January 8, 2014, issue of the Law360, a synopsis is noted below.

With the city of San Bernardino heading to the Ninth Circuit for a ruling on its Chapter 9 eligibility, and Detroit preparing for its own potential legal battle, bankruptcy attorneys say judges are likely to give the benefit of the doubt to the cities, not the pension funds challenging the bankruptcies.

Decisions by appellate courts on these matters will most likely provide guidance for lower courts on how strictly to apply eligibility requirements.

"It certainly would be a significant ruling if the Ninth Circuit did reverse [U.S. Bankruptcy] Judge [Meredith A.] Jury's decision," said Michael Sweet. "Not only would it be relevant in Stockton, but it could be — while not binding as to Detroit — it could be persuasive in an appeal of that eligibility decision."

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