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§ 109(c)(2)

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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Commercial opinion summary, case decided on July 03, 2012 , LexisNexis #0712-107
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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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Commercial opinion summary, case decided on December 05, 2011 , LexisNexis #0212-003
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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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Commercial opinion summary, case decided on December 02, 2011 , LexisNexis #1211-108
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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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opinion summary, case decided on January 19, 2006 , LexisNexis #0206-086
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