A. General Government Financial Restructure Materials
1. Government Debt Restructure Principles, Duke University School of Law Symposium–Modern Municipal Restructurings: Puerto Rico and Beyond, November 10, 2015.
Describes generally how elected officials can lead financial restructure of their government, based on their judgment of what is reasonable austerity and use of taxation, with a plan of reorganization that is (i) fair and equitable, (ii) feasible, and (iii) ultimately in the best interests of creditors.
2. Leading a Government to Solvency, Duke University School of Law Symposium–Modern Municipal Restructurings: Puerto Rico and Beyond, November 10, 2015.
Describes detailed steps that elected officials can take to lead the financial restructure of their government with a plan of reorganization that is (i) fair and equitable, (ii) feasible, and (iii) ultimately in the best interests of creditors.
3. How City Finances Can Be Restructured in the Shadow of a Chapter 9 Case, Bloomberg BNA Vol. 25, no. 39, October 10, 2013 October 2013.
Describes how a US city can lead its financial restructure by proposing a fair and equitable plan of reorganization based on all it can reasonably afford to pay that restores a sustainable balance between labor, capital and taxpayers.
4. How City Finances Can Be Restructured: Learning From Both Bankruptcy and Contract Impairment Cases, American Bankruptcy Law Journal Vol. 88, p. 41, April 2014.
A law review article describing how government debt restructuring can be done (i) under US state law which must stop short of contract impairment, (ii) under US federal bankruptcy law which permits contract impairment and the fair and equitable payment of what the government can reasonably afford, and (iii) in a federal equity receivership pursued by US states and territories that are not currently authorized to file a Chapter 9 case.
Describes the meaning of the three core Chapter 9 principles: (a) best interest of creditors, (b) fair and equitable, and (c) feasible.
5. What Can Puerto Rico Do? Puerto Rico Federal Bar Journal Issue No. 52, p. 1.
Describes how Puerto Rico could lead its financial restructure by proposing a fair and equitable plan of reorganization, and try to confirm that plan through a federal equity receivership, if necessary.
6. Executive Summary – Restructuring Government Debt Through Federal Equity Receivership, Duke University School of Law Symposium – Modern Municipal Restructurings: Puerto Rico and Beyond, November 10, 2015, November 2015.
An outline of the authority for restructuring the debt of Puerto Rico, Illinois, California, Louisiana and other states through a federal equity receivership.
7. Restructuring Government Debt Through Federal Equity Receivership, a paper used in meetings with prospective government clients, November 2015.
A detailed paper describing substantial authority for restructuring the debt of Puerto Rico, Illinois, California, Louisiana and other states through a federal equity receivership. (This highly confidential paper is available to clients after written agreement concerning its use.)
8. Proposal for Restructuring a Sovereign Debtor’s Finances Through Arbitration, International Bar Association Insolvency and Restructuring International, Vol. 8, No. 1, April 2014.
Describes how a sovereign state can lead its financial restructuring by proposing a fair and equitable plan of reorganization, with questions about the fairness of its plan to be decided by an arbitral panel, with its arbitral award supported by action from the UN, EU or other such organization to protect the sovereign’s assets from creditors that hold out from the arbitration.
9. A Revised Proposal for Arbitration of Sovereign Financial Restructure, International Insolvency Institute Annual Conference June 2014.
Describes how a sovereign state can lead its financial restructuring by proposing a fair and equitable plan of reorganization, with questions about the fairness of its plan to be decided by an arbitral panel, with that arbitration supported by action from the UN, EU or other such organization to protect the sovereign’s assets from creditors that hold out from the arbitration.
10. Restructuring Government Finances In Public In Less Than A Year. – Describes how opposing parties can quantify the issues presented by a government’s proposed plan for financial restructure so that an arbitral panel can adjudicate whether the plan is reasonable.
11. Use of Chapter 11 By Foreign Debtors, American College of Bankruptcy April 2016.
This outline has been used for years in an annual class sponsored by the American College of Bankruptcy that is broadcast to 10 law schools, including Michigan, Pennsylvania, Illinois, Utah, and Georgetown.
Describes how it is easy for a foreign company to get jurisdiction in the US, but it then must face motions to dismiss under Bankruptcy Code Sections 305 and 1112.
Discusses why Avianca was retained and Yukos was dismissed, and lessons for the next case similar to Yukos.
B. Government Debt Restructure – Financial Materials
- Adequate austerity
- Adequate use of taxation
- Labor obligations
- All the government can reasonably afford to pay
- Case studies
- Houston: The City of Houston Has Severe Financial Problems, February 2012
- Puerto Rico: Updated Krueger Report, July 13, 2015