IN RE CITY OF STOCKTON, CAL.

No. 12-32118-C-9.

493 B.R. 772 (2013)

In re CITY OF STOCKTON, CALIFORNIA, Debtor.

United States Bankruptcy Court, E.D. California.

June 12, 2013.


Attorney(s) appearing for the Case

Marc A. Levinson , Norman Hile , Jonathan Riddell , John W. Killeen , Orrick, Herrington & Sutcliffe LLP, Sacramento, CA, for Debtor.

Nicholas De Lancie , Jeffer Mangels Butler & Mitchell LLP, San Francisco, CA, for Union Bank, N.A.

Michael S. Gardener , Boston, MA, for Wells Fargo Bank, National Association.

James O. Johnston , Joshua D. Morse , Jones Day , Los Angeles, CA, for Franklin High Yield Tax Free Income Fund and Franklin California High Yield Municipal Fund.

Lawrence A. Larose , Winston & Strawn LLP, New York City, NY, for National Public Finance Guarantee Corporation.

Guy S. Neal , Sidney Austin, LLP, Washington, DC, for Assured Guaranty Corporation and Assured Guaranty Municipal Corporation.

Michael Ryan , K & L Gates, Seattle, WA, for California Public Employees' Retirement System.

Michael J. Gearin , K & L Gates LLP, Los Angeles, CA, for California Public Employees' Retirement System.

Matthew M. Walsh , Winston & Strawn LLP, Los Angeles, CA, for National Public Finance Guarantee Corporation.


OPINION REGARDING CHAPTER 9 ORDER FOR RELIEF

CHRISTOPHER M. KLEIN, Bankruptcy Judge.

Chapter 9 is unique among voluntary Bankruptcy Code cases in that a municipality must litigate its way to the order for relief before restructuring its debt. Capital markets creditors of the City of Stockton have required the City to prove its eligibility for chapter 9 relief under 11 U.S.C. §§ 109(c) and 921(c). Such a proceeding is like a qualifying round in...

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