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

See all articles by C. Scott Pryor

C. Scott Pryor

Campbell University - Norman Adrian Wiggins School of Law

Date Written: March 2, 2015

Abstract

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

Pryor, C. Scott, Who Bears the Burden? The Place for Participation of Municipal Residents in Chapter 9 (March 2, 2015). 37 Campbell L. Rev. 161, 2015. Available at SSRN: https://ssrn.com/abstract=2572603

C. Scott Pryor (Contact Author)

Campbell University - Norman Adrian Wiggins School of Law ( email )

225 Hillsborough Street
Raleigh, NC
United States
919.865.4650 (Phone)

HOME PAGE: http://law.campbell.edu/

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