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Fact Sheet

Chapter 9 Bankruptcy Filing Information

Individuals and businesses are not the only parties allowed to file for bankruptcy. Sometimes, a town or other municipality cannot manage its burden of debts. Chapter 9 of the bankruptcy code allows the municipality to reorganize its debt to satisfy creditors.

    Eligibility

  1. Chapter 9 of the federal bankruptcy code can only be used by a municipality. Eligible municipalities include cities, counties and even school districts that are under debt obligations.
  2. Municipality Actions

  3. The municipality must first petition for Chapter 9 bankruptcy protection. The petition includes a list of all the municipality's creditors. After filing for bankruptcy, all collections actions against the municipality must stop.
  4. Parties of Interest

  5. Certain parties, such as residents or employees of the municipality, may object to the petition or its approval. The court must hold a hearing on objections, during which a judge can dismiss the petition if he rules in favor of the objector.
  6. Repayment Plan

  7. In a method similar to Chapter 13 bankruptcies for individuals, the municipality must submit a reorganized debt-payment plan. Under Chapter 9 law, an approved repayment plan is binding even if some creditors disagree with the terms.
  8. Case Conclusion

  9. After the approval of a repayment plan, and thus the bankruptcy filing, the municipality is cleared of the debts included in the repayment plan. This discharge can, however, be revoked if the court determines that fraud was involved in any way.
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