By James Spiotto What is Chapter 9? Exclusive chapter of the Bankruptcy Code that provides a method for municipalities to adjust debt. Not a tool for elimination of municipal debt but adjustment of debt to what is sustainable and affordable. It is voluntary, a...
Municipal Bankruptcy and Default
Lessons Learned from the Detroit Bankruptcy
by James Spiotto In July of 2013, Detroit was the first city that was the largest city in the state to seek protection under Chapter 9 of the Bankruptcy Code for municipal debt adjustment. Previously, Chapter 9 had been a remedy used rarely by any city, town, village...
Detroit’s Bankruptcy Repudiation of COPs Defies History
Detroit’s repudiation of its COPs in bankruptcy is not supported by the history of government finance in the U.S. Repudiation of debt by states or local governments is not new, dating back as far as the early 1800’s. The lessons learned from that repudiation should not be forgotten.
Puerto Rico’s “Willingness to Pay” Issue
Muni investors were sitting on pins and needles Tuesday morning and it was not all about the outcome of the USA-Belgium World Cup match. Weighing on their minds was the question of whether or not, in the wake of last week’s events, PREPA would be making payment for the July 1st coupon on its debt. A non-payment, of course, would constitute the largest muni default to date, eclipsing the Detroit case. It would also send a clear message that PREPA intends to seek imminent relief under the new “bankruptcy law†for public corporations.
A Historic Muni Bankruptcy Comes To a Close … For Now
Market Outlook The bond market was looking for bad news this week and found it in the minutes of the FOMC, released on Wednesday. Apparently, tapering has remained on the table, which really shouldn’t surprise anyone. However, the Committee did leave the door open for...
All Eyes on Detroit: What Happens to Unfunded Pension Liabilities When a Municipality Files for Bankruptcy?
While Detroit’s recent Chapter 9 municipal bankruptcy filing has certainly posed a variety of challenges for the City’s citizens and creditors, it may also serve a greater social benefit. Participants in the Detroit bankruptcy are presently considering the legal and...
Demystifying the High Yield Municipal Bond Market
“For most investors, the mere mention of high yield recalls the high-risk, speculative “junk bonds” of the Michael Milken era and its well-documented excesses. In the municipal arena, high yield also means higher risk, but the term encompasses a much broader class of...
Municipal Bankruptcy Remains “Last Resort” Despite Troubled Economy
Municipalities must prove insolvency in order to file for Chapter 9 protection
Vallejo Bankruptcy Filing Garners Attention in Municipal Finance Circles
As the courts consider Vallejo’s request for Chapter 9 protection, will other municipalities follow suit?