Kommunale Umstrukturierung und Insolvenz

Municipalities have been increasingly squeezed between the cost of providing basic services and flat or declining revenues.

In addition, reliable access to capital has been interrupted in recent years by unprecedented turmoil and change in the bond market and the near disappearance of the bond insurance industry. Rising pension and post-employment benefits costs combined with a generally flat or only slightly increasing revenue picture have been significant challenges for many communities. Credit deterioration, on the part of both municipalities and financial counterparties, has caused some transactions, particularly those involving variable rate debt and/or interest rate swaps, to unravel. In the face of these pressures, there is a possibility that municipalities may need to take extreme measures, including significantly restructuring their operations and even, in some cases, seeking protection under Chapter 9 of the United States Bankruptcy Code. Our municipal distress practice has been in the forefront of responding to these challenges, having successfully completed restructurings both within and outside of Chapter 9 for several municipalities, including handling the high-profile Chapter 9 bankruptcies for the cities of Vallejo and Stockton. Our team comprises lawyers from several practice areas to combine their experience in:

  • Public finance and municipal law
  • Restructuring and creditors’ rights
  • Financial markets, including derivative products and federal TARP funding
  • Securities law, including disclosure
  • Employee benefits, including pension and OPEB matters
  • Litigation
  • Tax