· 5/22/1995
In Re County of Orange
Citations
- 183 B.R. 594
- 1995 Bankr. LEXIS 721
- 27 Bankr. Ct. Dec. (CRR) 321
- 1995 WL 319205
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “courts have ... applied to chapter 9 cases the judicial reasoning that developed in chapter 11 cases” regarding good faith
- arguing that Section 81(7) of the 1898 Act defined political subdivisions, Section 81(6) defined public agencies and Sections 81(l)-(5) defined instrumentalities
- observing that the “general policy of chapter 9 is to give a debtor a breathing spell from debt collection efforts so it can work out a repayment plan with creditors”
- finding no bad faith where a municipal debtor filed for chapter 9 “to protect its assets and allow it the opportunity to work out an adjustment of its debts in an orderly way”
- “The OCIP had no time to enter into negotiations with its participants before acting to protect its portfolio assets.”
- “The impracticality requirement may be satisfied based on the sheer number of creditors involved.”
Source: CourtListener parenthetical corpus (CC0).
Judges: John E. Ryan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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