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ARTICLE · 18 JUNE 2020

Municipal Restructuring, Covid-19, And Chapter 9

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In almost a century since Congress gave local municipalities the ability to restructure their debts under Chapter 9 of the Federal Bankruptcy Code, any government entity even considering that...

United StatesInsolvency/Bankruptcy/Re-Structuring

In almost a century since Congress gave local municipalities the ability to restructure their debts under Chapter 9 of the Federal Bankruptcy Code, any government entity even considering that possibility has faced an overwhelming deterrent: the stigma of bankruptcy.

No public official, elected or appointed, wants to be known for putting a government entity in their jurisdiction into anything that can be characterized as bankruptcy. The few local government entities that have taken that step in recent decades, with Detroit by far the biggest, have been seen as extreme cases resulting from a long period of ineffective local government.

The coronavirus pandemic could change that attitude. Local government entities of all kinds—cities and towns, counties, and special-purpose entities all across the country—face severe financial problems. It is not a local phenomenon.

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