A 50 State Survey of: (1) Rights and Remedies Provided by States to Investors, (2) State Supervision and Oversight Mechanisms of Financially Distressed Local Governments and (3) State Authorization of Municipalities to File Chapter 9 Bankruptcy

Due to the recent increase in ailing local and state governments, there has been widespread debate over how many of these entities will eventually end up filing for bankruptcy. Some municipal defaults have already occurred, and although it ultimately failed, there was a proposal to permit states to seek bankruptcy protection. Regardless of how many defaults actually happen, those that do take place will affect every citizen, not just the people who work and invest in the government. What alternatives are available for states and municipalities in financial distress? What have attorneys learned from past municipal defaults? What are the pros and cons of allowing state bankruptcies? The Emergence of State and Municipal Bankruptcies provides feedback from some of the nations leading legal minds on key differences between Chapter 11 and Chapter 9 municipal bankruptcies and offers examples of recent municipal defaults. These experts also discuss the impact of municipal bankruptcies on residents, taxpayers, and the public market, and speculate on whether state bankruptcies should be permitted. The report offers an on-the-spot look at the issue as it continues to unfold.

It is difficult to find someone who has not heard about the Puerto Rico, Detroit, Michigan, or Orange County, California, bankruptcies. While guides for responsibly managing government finances exist, problems often originate not because of poor financial reporting or financial deficiencies but because issues external to financial wellbeing arise, such as economic, demographic, political, legal, or even environmental factors. Exacerbating the problem, there is not much advice in the existing literature on how to act when municipalities face financial struggles. Filling this important gap, this book explores fiscal health and fiscal hardships, municipal defaults and bankruptcies, and many other aspects to help guide local governments during fiscal distress. Fiscal hardships negatively affect the quality and availability of public goods and services and, consequently, the wellbeing of residents and businesses living and working in distressed municipalities. Turned off streetlights, unmaintained public parks, potholes, inconsistent garbage pickup, longer response time from emergency services, and multiple other issues that residents of the struggling municipalities deal with, lead to higher crime rates, lower quality of K-12 education, dangerous road conditions, lower housing values, outmigration of wealthier population, and numerous other problems. The COVID-19 pandemic put additional unprecedented pressure on municipal finances nationwide. In this book authors Tatyana Guzman and Natalia Ermasova evaluate distressed cities and municipalities and provide practical recommendations on improving their financial conditions. What are conditions and signs to look for to not to find yourself in similar situations? What can be done if your municipality is already experiencing fiscal hardships? What are the consequences of fiscal misfortunes? How does one exit a fiscal emergency? This book answers these and other questions and serves as a guide to fiscal health and prosperity for U.S. municipal governments, students and researchers in public finance, and general public management fields.

The specific research question guiding this exploratory study is: how do the methods utilized by particular municipalities to address fiscal distress, including bankruptcy, asset monetization and the issuance of debt, impact fiscal health. To answer the principal research question, six municipalities are selected for case study research in order to review and consider the circumstances surrounding such responses and the impacts thereof, and the relevant fiscal indicators and conditions that contribute to fiscal distress in each instance. By examining the context and circumstances of each case, this study offers an understanding of the variables and indicators that are present during times of local government fiscal distress, which resulted in the adoption of one of the three aforementioned strategies undertaken by the local governments studied in their attempts to eliminate such fiscal distress. This study finds that the successful cases that maintained a healthier fiscal position prior to utilizing any response, displayed initiative to improve fiscal condition, employed professional staff and developed and followed fiscal policies were better off fiscally than their unsuccessful counterparts. Finally, future research should compare, contrast and study additional types of responses through similar indicators. This study recognizes that developing such a framework requires intimate contextual and domain knowledge, as well as an awareness of the multi-causal relationships that exist between a jurisdictions external environment, its internal finances, and its management practices.

A new way forward for sustainable quality of life in cities of all sizes Strong Towns: A Bottom-Up Revolution to Build American Prosperity is a book of forward-thinking ideas that breaks with modern wisdom to present a new vision of urban development in the United States. Presenting the foundational ideas of the Strong Towns movement he co-founded, Charles Marohn explains why cities of all sizes continue to struggle to meet their basic needs, and reveals the new paradigm that can solve this longstanding problem. Inside, you’ll learn why inducing growth and development has been the conventional response to urban financial struggles—and why it just doesn’t work. New development and high-risk investing don’t generate enough wealth to support itself, and cities continue to struggle. Read this book to find out how cities large and small can focus on bottom-up investments to minimize risk and maximize their ability to strengthen the community financially and improve citizens’ quality of life. Develop in-depth knowledge of the underlying logic behind the “traditional” search for never-ending urban growth Learn practical solutions for ameliorating financial struggles through low-risk investment and a grassroots focus Gain insights and tools that can stop the vicious cycle of budget shortfalls and unexpected downturns Become a part of the Strong Towns revolution by shifting the focus away from top-down growth toward rebuilding American prosperity Strong Towns acknowledges that there is a problem with the American approach to growth and shows community leaders a new way forward. The Strong Towns response is a revolution in how we assemble the places we live.

Similar circumstances, do not? This Article builds on the literature examining the causes and consequences of municipal fiscal distress by exploring specific factors that lead municipalities to seek help from the state and federal government. Viewing municipal opportunities and constraints through political, economic, and legal lenses, this Article helps to explain the nuances of municipal decision making.After identifying eight factors that may serve as predictors of municipal insolvency, we studied cities in fiscal distress with an eye toward uncovering the circumstances that led each of these cities into and, if applicable, out of, their financial predicaments. Union density, unfunded pension liability, and financial mismanagement were the three most prevalent factors in our sample population. Our analysis suggests that scholars and policymakers should focus their efforts on using bankruptcy relief in conjunction with state aid programs in order to address these primary sources of municipal distress more comprehensively.

A growing number of municipalities are experiencing extreme financial distress, a problem which states have sought to address either under state law or with the aid of federal bankruptcy relief. There is an unresolved tension in how these two options interact. If a state chooses the bankruptcy option, do state laws nonetheless operate to protect the interests of certain classes of creditors? If a state does not use bankruptcy, might bankruptcy law nonetheless limit the state's ability to adjust the municipality's debts?These questions raise important federalism concerns that have frequently been analyzed under what this article calls the Great Divide Model of municipal bankruptcy federalism. This model formalistically allocates to Congress the exclusive power to adjust debts and to states the exclusive power to address local governance.This article challenges this model as inconsistent with the practical realities of municipal financial distress and its resolutions. Debt and governance often go hand in hand, both in causing and resolving financial distress. The federalism questions in municipal insolvency are better framed within a functionalist model of municipal bankruptcy, which involves analyzing the limits of the bankruptcy power in this realm and the state interests in local governance.

Fiscal Health for Local Governments offers a how-to approach to identifying and solving financial problems. Its principal selling point lies in its assumptions: instead of using the vocabulary and research agendas of economist, finance scholars, and political scientists, it will appeal to readers who lack sophisticated knowledge in these areas and nevertheless need practical advice. The book stems from the Fiscal Health Education Program, an applied economics program at the University of Minnesota. It uses three measures of fiscal health — financial condition, trend analysis, and financial trend monitoring system — as the basis for advocating particular fiscal strategies. The book examines the tools that can be used to assess the condition of a local government's fiscal health and some of the policy causes or remedies for certain situations, as well as some of the strategies governments can pursue to maintain and improve health. It will serve as a primer for readers interested in understanding financial processes and alternatives, and as a practical guide for those who need access to fiscal measurement tools. How-to approach will appeal to readers who lack sophisticated knowledge Contains discussion questions and anonymous case studies of actual cities and municipalities Presents practical methods for identifying and solving common fiscal problems