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§ 109(c)(5)

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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Commercial opinion summary, case decided on April 24, 2012 , LexisNexis #0512-110
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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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Commercial opinion summary, case decided on February 20, 2008 , LexisNexis #0508-002
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