Who Bears the Burden? The Place for Participation of Municipal Residents in Chapter 9
37 Campbell L. Rev. 161, 2015
25 Pages Posted: 5 Mar 2015
Date Written: March 2, 2015
Confirmation of a municipal Chapter 9 plan of adjustment should take the views of municipal residents into account on the issue of a plan’s feasibility. State constitutional and statutory resources must be consulted to determine the baseline of services that must be addressed to evaluate a plan’s feasibility.
The confirmation requirement of feasibility provides the substantive basis for standing of residents, while the relaxed requirements for an Article I tribunal provide the constitutional justification for it. The diffuse and nonpecuniary nature of the interests of residents in municipal services warrants the appointment of an official committee on their behalf.
Keywords: Chapter 9, municipal bankruptcy, municipal residents, confirmation standards, feasibility, standing
Suggested Citation: Suggested Citation