We've all heard of Chapter 7 and Chapter 11 of the Bankruptcy Code, but what is Chapter 9? Chapter 9 provides a municipality protection from its creditors while it develops a plan to resolve or adjust its debts. Adjustment of a municipality's debt involves refinancing such debts to (i) extend the time to pay debt obligations or (ii) reduce the amount of interest on such obligations.

In June, 2012, Stockton California filed a bankruptcy case under chapter 9.  While businesses and individuals are entitled to file bankruptcy petitions without bankruptcy court approval, the same is not true for municipalities.  They can only be debtors if, among other things, the majority of their creditors agree; they negotiate in good faith and fail to obtain majority agreement; negotiation is impracticable; or a creditor is attempting to obtain a voidable preference.  In addition, the bankruptcy court can dismiss a municipality’s petition if it was not filed in “good fait