Navigating Chapter 9 of the Bankruptcy Code

This manual strives to provide a clearer path for judges and clerks of court handling a Chapter 9 case. The manual outlines the statutory requirements and processes that apply in any Chapter 9 case and provides examples of relevant cases and resources. It does not provide an exhaustive listing of the applicable case law or commentary. Readers should recognize that many aspects of Chapter 9 practice are untested or not clearly established by statute or precedent. This manual does not attempt to fill those gaps or clarify the law in any substantive way. The manual cannot resolve, and does not attempt to resolve, the open questions that may exist in Chapter 9 practice. It is intended to provide useful information to assist judges in developing their own answers and approaches to these questions. The manual aims to sensitize judges and clerks of court to important considerations by identifying key issues and highlighting where ambiguity or uncertainty exists and to provide (1) probative questions for judges to evaluate as they plan for, and work through, a Chapter 9 case, and (2) reference resources, including representative case cites and commentary addressing the issues.