Article

Helping or Hurting? The Efficacy of Municipal Bankruptcy

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Abstract

Local governments facing extreme fiscal stress have few options. One that has historically been rare is filing for Chapter 9 bankruptcy. The limited number of cases has prevented systematic study of municipal bankruptcy. But given the results of bankruptcy for individuals, there are reasons to believe that bankruptcy can provide a financial fresh start for local governments. This research leverages six municipal bankruptcies in the years immediately following The Great Recession to explore the effects of bankruptcy on local government financial health. It employs a variety of empirical approaches to generate a counterfactual for the bankrupt governments and assess the effects of bankruptcy: synthetic control, propensity score matching, staggered difference‐in‐differences, and an event study. The results show that bankruptcy is associated with no declines and some meaningful improvements in financial health. These findings suggest that Chapter 9 bankruptcy may provide extremely stressed local governments with a potential path forward.

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... Short-term solvency captures the immediate period, medium-term solvency captures a budgetary cycle, and long-term solvency captures the time frame associated with long-lived assets or debts (e.g., the 30-year maturity of a municipal bond). These dimensions are also noncontingent: solvency or insolvency in one dimension does not imply anything about solvency in another dimension (Abott & Singla, 2021). Numerous systems attempt to measure municipal financial health, but there is no one best approach (Brown, 1993;Johnson et al., 2012;Kloha et al., 2005;Wang et al., 2007). ...
... These indicators are typically constructed using government-wide, accrual-accounting-based information from government audited financial statements (Jimenez, 2020). Research on retrenchment, cutbacks, and Chapter Nine municipal bankruptcy has validated these metrics as measures of financial health (Abott & Singla, 2021;Gorina et al., 2018;Stone et al., 2015). Following Stone et al. (2015), we use the term financial condition when directly referring to the indicators. ...
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... Anecdotal evidence does exist, however. In Vallejo, California, the city council was mostly voted out of office following the city's bankruptcy filing (Abott & Singla, 2021;Davidson, 2018). Moreover, Mayor Lori Lightfoot was denied a second term in the City of Chicago following a barrage of stories focusing on the city's budget deficit and pension problems (Shields, 2023). ...
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... Scholarship on the consequences of fiscal hardship tends to focus on measuring the fiscal health of state and local governments (Abott and Singla 2020, 2021a, 2021bBrown 1993;Gordon 2018;Moldogaziev and Guzman 2015) or the effect of bankruptcy (eligibility) on municipal borrowing costs (Moldogaziev and Guzman 2015;Moldogaziev, Kioko, andHildreth 2017, Yang 2019). The topic of municipal bankruptcy remains underexplored. ...
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Discharge, the doctrine that frees the debtor's future income from the chains of previous debts, lies at the heart of bankruptcy policy. Nevertheless, few scholars or lawmakers have examined the wisdom of granting discharge. Professor Jackson borrows analytic techniques from psychology and economics to argue that a nonwaivable right of discharge is justified by several characteristics of human behavior. Discharge provides some protection from the "regret" we experience when impulsive behavior or the flawed decision-making "heuristics" that most of us naturally employ cause us to act unwisely with respect to credit. Discharge also eliminates the incentive structure that causes debtors to become less productive once a large proportion of their wages begins flowing to creditors. Armed with this understanding of the "fresh-start" policy, Professor Jackson explores its contours and discusses the trade-offs it requires. He then goes on to critique current bankruptcy doctrine, including the treatment of exempt property, eve-of-bankruptcy conversions into exempt property, and the court's power to deny discharge to debtors who attempt to defraud or impede creditors in their collection efforts.
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States have traditionally offered support to their fiscally distressed municipalities. When less intrusive forms of assistance fail to bring stability, some states employ supervisory institutions that exercise approval authority over local budgets or, more intrusively, displace locally elected officials. These "takeover boards" are frequently accused of representing an antidemocratic form of local government and a denial of local autonomy. This Article suggests that the extent to which takeover boards are subject to an antidemocratic critique is frequently overstated. Those making efforts to revive near-insolvent localities cannot be oblivious to the causes that generated their distress. Depopulation, high unemployment, depleted municipal services, and blight do not arise spontaneously. They are frequently the consequence of long periods of local mismanagement, in which expenditures deviate substantially from those goods and services that residents prefer, inducing the most mobile among them to gravitate to more hospitable jurisdictions. Any viable response to such dysfunction must therefore address the causes of political dysfunction. By addressing the political underpinnings of fiscal distress, takeover boards may be more capable of satisfying the interests of local residents for public goods than local elected officials and may also represent the interests of nonresidents and creditors who are not considered by those officials. Moreover, this Article suggests the authority of takeover boards should be expanded to allow them to engage in restructuring of municipal governance in order to avoid the entrenched and fragmented institutions that are often associated with local fiscal distress. The temporary nature of takeover board jurisdiction means that when local governance returns to the realm of normal politics, residents will be in a more informed position to evaluate the optimal structure of local governance.
Article
Now that state governments issue comprehensive annual financial reports in accordance with Statement No. 34 of the Governmental Accounting Standards Board, it is possible to generate a consistent and comprehensive set of government-wide financial information. We use the information to develop financial ratios to benchmark government financial performance from information beyond the traditional general fund, and test the hypothesis that such information is incorporated into the assessment of credit risk. We provide an empirical analysis of the incorporation of government-wide financial information into state government credit ratings, which provides a positive empirical test of the theory of certification and demonstrates how information from the government-wide financial statements is infused into financial markets.
Article
The abstract for this document is available on CSA Illumina.To view the Abstract, click the Abstract button above the document title.
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This article presents a conceptual framework that illustrates four distinct types of accountability environments facing public managers. The framework is used as a heuristic tool to examine the broad facts and contexts surrounding the bankruptcy of the Orange County, California investment pool. The framework also suggests management philosophies and strategies that are appropriate for each type of accountability environment.
Article
Following failed auctions for sewer debt in April 2008, major bond rating companies downgraded Jefferson County, Alabama’s bond rating to D (default) triggering massive mandatory payments by the county to its creditors. At the time of writing, the county teeters on the brink of actual default and bankruptcy, unable to pay service on its $3.3 billion sewer debt portfolio. If the county defaults, it will be the largest municipal bankruptcy in United States history, eclipsing Orange County, California’s 1994 default. The intriguingly complex tale of the Jefferson County debt crisis is recounted here by identifying and examining failures of transparency and accountability by local bureaucratic and political actors, private financial institutions, as well as the larger regulatory framework governing public finance. Enhanced regulation of local government and the financial sector plus greater local government capacity to close accountability gaps and thus prevent future crises of similar scale in this or other jurisdictions are recommended.
Article
Does the public administration research from the late 1970s and 1980s on managing decline contain useful lessons for today's Great Recession? Do these studies serve our current research needs? Why has decline continued to be a major focus of research in generic management, but not in public administration? The answers to these questions give some clues as to a possible new, revitalized research agenda for our field. Whereas public administration often viewed organizational decline as a self-contained set of problems requiring remedial action, generic management and sociology research on decline tended to view the topic as part of organizational phases and life cycles, linking decline to growth, stability, and change. Viewing decline as part of the organizational life cycle encourages researchers to take a longer view of organizations and their management, and thus its orientation is more strategic than reactive. Three areas of decline studies are identified as relevant irrespective of sector: (1) impli
Article
This article considers bankruptcy law design in a setting that is appropriate for entrepreneurial firms. These firms are characterized by a dependence on an owner-manager who is essential to the firm and must be given incentive through an ownership stake to maximize the value of the project. In a relationship-lending environment, the banks that fund entrepreneurs cannot capture the gains from providing the entrepreneur with this stake, and this leaves the entrepreneur emerging from bankruptcy with a larger debt burden than is socially efficient. In this setting, a “fresh-start” bankruptcy policy provides greater debt relief than the bank would approve voluntarily, and this generates greater social surplus. The results suggest the value of separate procedures for small business bankruptcies that allow some mandatory debt relief to preserve ex post incentives.
Article
This paper presents new evidence of the effect of the tax subsidy to employer-provided health insurance on coverage by such insurance. I study the effects of a 1993 tax change that reduced the tax subsidy to employer-provided supplementary health insurance in Quebec by almost 60%. Using a differences-in-differences methodology in which changes in Quebec are compared to changes in other provinces not affected by the tax change, I find that this tax change was associated with a decrease of about one-fifth in coverage by employer-provided supplementary health insurance in Quebec. This corresponds to an elasticity of employer coverage with respect to the tax price of about −0.5. Non-group supplementary health insurance coverage rose slightly in Quebec relative to other provinces in response to the reduction in the tax subsidy to employer-provided (group) coverage. But the increase in the non-group market offset only 10–15% of the decrease in coverage through an employer. The decrease in coverage through an employer was especially pronounced in small firms, where the tax subsidy appears much more critical to the provision of supplementary health insurance than it does in larger firms.
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