Document Type
Article
Publication Date
2002
ISSN
0017-8322
Publisher
University of California, Hastings College of the Law
Language
En-US
Abstract
Because of federal constitutional concerns, a municipal entity may resort to federal bankruptcy protection only with the authorization of its state. Federal law requires that a municipality be "specifically authorized" under state law to file for bankruptcy protection. Existing California law provides fairly broad authorization for its municipalities, but the statute is in need of both technical and substantive revision. After discussing constitutional concerns and surveying other states' approaches to municipal bankruptcy authorization, Professor Tung recommends a system of discretionary access, in which the governor holds discretionary power to approve, disapprove, or condition a municipality's access to bankruptcy.
Recommended Citation
Frederick Tung,
After Orange County: Reforming California Municipal Bankruptcy Law
,
in
53
Hastings Law Journal
885
(2002).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/376
