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Chapter 9, Title 11, United States Code is a chapter of the United States Bankruptcy Code, available exclusively to municipalities, that assists them in the restructuring of debts. On July 18, 2013 Detroit, Michigan became the largest city in the history of the United States to file for Chapter 9 Bankruptcy protection. Jefferson County, Alabama, in 2011 and Orange County, California, in 1994 are also notable examples. "The term 'municipality' means political subdivision or public agency or instrumentality of a State."〔)(〕 ==History== From 1937 to 2008 there were fewer than 600 municipal bankruptcies.〔(MuniNetGuide: Vallejo Bankruptcy Filing Garners Attention in Municipal Finance Circles )〕 As of June 2012 the total was around 640. In 2012 there were twelve chapter 9 bankruptcies in the United States, and five petitions have been filed in 2013.〔USAtoday, July 22, 2013, Page B1, "Detroit woes rattle muni bond market" by Matt Krantz〕 Since 2010 thirty six petitions have been filed.〔USAtoday, July 22, 2013, Page 4B, "Detroiters not giving up; neither should we" by Marisol Bello〕 Previous to the creation of Chapter 9 bankruptcy, the only remedy when a municipality was unable to pay its creditors was for the creditors to pursue an action of mandamus, and compel the municipality to raise taxes.〔''Ashton v. Cameron County Water Improvement Dist.'', 298 U.S. 513, 534 (1936) (Cardozo, J., dissent)〕 During the Great Depression, this approach proved impossible, so in 1934, the Bankruptcy Act was amended to extend to municipalities.〔Pub. L. No. 251, 73d Cong., 2d Sess., 48 Stat. 798 (1934).〕〔(Public Law Research Institute: Municipal Bankruptcy: State Authorization Under the federal Bankruptcy Code )〕 The 1934 Amendment was declared unconstitutional in ''Ashton v. Cameron County Water District''.〔298 U.S. 513, 56 S. Ct. 892, 80 L. Ed. 1309 (1936).〕 However, a revised act remedying the constitutional deficiencies was passed again by Congress in 1937 and codified as Chapter X of the Bankruptcy Act (later redesignated as Chapter IX).〔An Act to Amend an Act Entitled ''An Act to Establish a Uniform System of Bankruptcy Throughout the United States,'', Pub. L. No. 302, 75th Cong., 1st Sess., 50 Stat. 653 (1937).〕 This revised act was upheld as constitutional by the Supreme Court in ''United States v. Bekins''.〔304 U.S. 27 (1938)(holding the Municipal Corporation Bankruptcy Act constitutional under both the Fifth and the Tenth Amendments)〕 Chapter IX was largely unchanged until it was amended in 1976 in response to New York City's financial crisis.〔''An Act to Amend Chapter IX of the Bankruptcy Act to Provide by Voluntary Reorganization Procedures for the Adjustment of the Debts of Municipalities'', Pub. L. No. 94-260, 94th Cong., 2d Sess. (1976).〕 The changes made in 1976 were adopted nearly identically in the modern 1978 Bankruptcy Code as Chapter 9. In 1988, Chapter 9 was amended by Congress to provide statutory protection from § 552(a) lien stripping provisions to revenue bonds issued by municipalities. This was addressed with the classification of these bonds as "special revenues" under the newly minted § 928(a) and § 922(d) exemption of special revenues from the automatic stay provisions of § 362.〔''See'' Steven Lessard & Richard Ngo, Riding the Juice Train to Bankruptcy: Ch. 9 Eligibility After In re Las Vegas Monorail Company, NORTON JOURNAL OF BANKRUPTCY LAW & PRACTICE, Vol. 20, No.3, Article 4 (2011); ''see also'' An Act to Amend the Bankruptcy Law to Provide for Special Revenue Bonds and for Other Purposes, PUB. L. NO. 100-597 (1988); Municipal Bankruptcy Amendments, Pub L. No 100597 (1988); 4 COLLIER ON BANKRUPTCY ¶ 902.01A, 902-3 (15th ed. 1996)〕 To prevent overlap with Chapter 11, § 101(41) of the U.S. Bankruptcy Code (11 U.S.C. § 101(41)) defines the term "person" to exclude many "governmental units" as defined in § 101(27), and "municipality" as defined in § 101(40). 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Chapter 9, Title 11, United States Code」の詳細全文を読む スポンサード リンク
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