Navigating Chapter 9 of the Bankruptcy Code

This manual strives to provide a clearer path for judges and clerks of court handling a chapter 9 case. It outlines the statutory requirements and processes that apply in any Chapter 9 case and provides examples of relevant cases and resources. It is organized into several parts including:

• Part II summarizes the history of Chapter 9 and discusses constitutional challenges to the original municipal bankruptcy laws enacted in 1934 and the structural and constitutional issues analyzed by lower courts in the context of Chapter 9.
• Part II presents and overview of the Chapter 9 process, contrasting it with the Chapter 11 process and providing several primers on issues unique to a Chapter 9 case. This section also includes basic information on matters, such as municipal accounting, the municipal bond market, and public pension obligations.
• Part IV identifies key administrative matters for the judge and the clerk of court in a Chapter 9 case.
• Part V explains what transpires after the filing of a Chapter 9 petition and appointment of the bankruptcy judge. It follows not only the legal steps required at the beginning of the case and eligibility determination, but also covers questions, issues, and information the judge may want to consider as the case starts down the Chapter 9 path.
• Part VI discusses the administration of the case -- i.e. what happens after the order for relief but before the plan confirmation process.
• Part VII covers the end of a case: it examines the plan, the disclosure statement, and the confirmation process. it includes information on postconfirmation jurisdiction and implementation issue. You will also find information about modification of the plan or if the debtor is unable to confirm a plan within a reasonable time, or dismissal of a case.
• Part VII is devoted to smaller municipal cases and cases involving special purpose entities or instrumentalities of a state.
• Part IX focuses on larger municipal cases. These cases can present factors and considerations unique to the size of, and stakeholders, in these cases.
• Part X summarizes key takeaway points for judges and clerks of the court handling Chapter 9 cases.