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  • WHAT PROBLEM? A RESPONSE TO ‘HOW CITIES FAIL: SERVICE DELIVERY INSOLVENCY AND MUNICIPAL BANKRUPTCY’

What problem? A response to ‘How Cities Fail: Service Delivery Insolvency and Municipal Bankruptcy’

JULY 22, 2020 | by Anne Lawton | MICHIGAN STATE LAW REVIEW

By Anne Lawton, includes “The Bankruptcy Code provides that a municipal debtor is insolvent if it is ‘generally not paying its debts as they become due unless such debts are the subject of a bona fide dispute’ or the municipal debtor is ‘unable to pay its debts as they become due.’ Courts consider the first alternative of the Code’s definition—general nonpayment of debts—to be a measure of current insolvency. The second alternative—inability to pay as debts become due—is forward looking and ‘looks to future inability to pay.’ …”

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