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Some states prohibit cities from declaring bankruptcy

Q

Are there some states that prohibit their municipalities from declaring bankruptcy? If so, which states, and what alternatives do such municipalities have when faced with adverse economic conditions?

N.M.

A

James A. Klotz responds:

States that do not statutorily allow for Chapter 9 filings include: Alaska, Delaware, DC, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Mississippi, Nevada, New Hampshire, New Mexico, North Dakota, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.

The alternative is to find a way to balance their budgets. Often this can be done by reducing services or in the case of San Jose and San Diego, by scaling back pension benefits.

Aug 14, 2012

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