City of Chester, In re
Mar
14
2023
Ruling
City was eligible for relief as it was specifically authorized by state secretary for community and economic development to have its receiver commence a Chapter 9 proceeding. (Bankr. E.D. Pa.)
Issue(s)
Who May Be a Debtor; Chapter 9.
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Court
:
City of Chester, In re
Mar
14
2023
Ruling
City was eligible for relief as it was specifically authorized by state secretary for community and economic development to have its receiver commence a Chapter 9 proceeding. (Bankr. E.D. Pa.)
Issue(s)
Who May Be a Debtor; Chapter 9.
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Court
:
- 11 U.S.C.
United States v. Hospital Auth. Of Charlton County (In re Hospital Authority of Charlton County)
Jul
03
2012
Ruling
Chapter 9 case dismissed where debtor's filing had not been authorized by state.
Procedural posture
United States Trustee filed a motion to dismiss the chapter 9 case of debtor, the Hospital Authority of Charlton County, Georgia. The debtor moved to convert from chapter 9 to chapter 11.
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Court
:
- 11 U.S.C.
In re Mendocino Coast Rec. & Park Dist.
Apr
24
2012
Ruling
Parks district's negotiations with creditor met requirements for chapter 9 eligibility.
Procedural posture
Debtor Mendocino Coast Recreational and Park District filed a chapter 9 bankruptcy petition. Its principal creditor objected to entry of an order for relief, arguing that the District did not meet the eligibility requirements for a chapter 9 debtor.
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Court
:
- 11 U.S.C.
In re City of Harrisburg
Dec
05
2011
Ruling
Chapter 9 case dismissed where city was not specifically authorized by Commonwealth to file for bankruptcy.
Procedural posture
Petitioning debtor, the city council of Harrisburg, Pennsylvania, filed a petition for bankruptcy relief under chapter 9. Various parties, including the mayor and the Commonwealth of Pennsylvania, filed objections, seeking to have the petition dismissed, asserting the council lacked the authority to take such action, and that the city was not specifically authorized to be a debtor as required by 11 U.S.C.S. § 109(c)(2).
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Court
:
- 11 U.S.C.
In re Suffolk Regl Off-Track Betting Corp.
Dec
02
2011
Ruling
Chapter 9 case dismissed due to debtor's failure to obtain proper authorization to file.
Procedural posture
Debtor, a New York regional off-track betting corporation, filed a petition under chapter 9 of the Bankruptcy Code, and a Kentucky corporation that owned various racetracks and provided wagering services to the debtor filed an objection to the petition, claiming that the debtor had not obtained the requisite authorization under 11 U.S.C.S. § 109(c)(2) to commence a Chapter 9 bankruptcy case. The court held a hearing on the objection.
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Court
:
In re Pierce County Housing Auth.
Aug
21
2009
Ruling
Public housing authority that was technically insolvent was an eligible chapter 9 debtor.
Procedural posture
Debtor, a public housing authority, filed a petition under chapter 9 and a disclosure statement, and proposed a plan for adjustment of its debts. A group of claimants, a bank, and an unsecured creditors' committee (UCC) filed objections to the debtor's eligibility and its plan. The debtor resolved the objections filed by the bank and the UCC, and the court held a hearing on objections filed by the claimants.
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Court
:
- 11 U.S.C.
In re Valley Health Sys.
Feb
20
2008
Ruling
Health care district was eligible under chapter 9 despite failure to negotiate plan of adjustment which would have been impracticable.
Procedural posture
Debtor, a California health care district, filed a petition under chapter 9 of the Bankruptcy Code. A bank that held bonds issued by the district filed an objection to the district's petition, claiming that the district was ineligible for relief under chapter 9, and two unions also filed an objection which asked that the court reject any premise that the bankruptcy resulted from the district's obligations to its employees.
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Court
:
In re McCurtain Mun. Auth.
Dec
04
2007
Ruling
Public trust that was insolvent and failed in good faith attempt to settle disputes was eligible for relief under chapter 9.
Procedural posture
Debtor, a public trust created under Oklahoma law, filed a petition for relief under chapter 9. A creditor filed a motion to dismiss the debtor's petition, claiming that the debtor was not entitled to relief because it failed to comply with 11 U.S.C. §§ 109(c) and 921(c).
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Court
:
- 11 U.S.C.
In re Slocum Lake Drainage Dist.
Jan
19
2006
Ruling
Debtor's case was dismissed since the debtor was not authorized under Illinois law to file a petition under chapter 9.
Procedural posture
The debtor, a county drainage district located in the State of Illinois petitioned for bankruptcy relief pursuant to chapter 9. The movant creditor sought dismissal of the petition pursuant to 11 U.S.C. § 921(c), because it contended that the debtor was not authorized under Illinois law to file a petition under chapter 9, as required by 11 U.S.C. § 109(c)(2).
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Court
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