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To: bill1952
The why can a state judge rule that a school district which has no money has to give teachers raises or increases in spending for similar purposes must do so via court order?

New Jersey and California judges do it quite frequently.

35 posted on 01/10/2011 10:41:41 AM PST by blackdog
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To: blackdog

from 11 usc 109 on municipalities being a debtor:

(c) An entity may be a debtor under chapter 9 of this title if
and only if such entity -
(1) is a municipality;
(2) is specifically authorized, in its capacity as a
municipality or by name, to be a debtor under such chapter by
State law, or by a governmental officer or organization empowered
by State law to authorize such entity to be a debtor under such
chapter;
(3) is insolvent;
(4) desires to effect a plan to adjust such debts; and
(5)(A) has obtained the agreement of creditors holding at least
a majority in amount of the claims of each class that such entity
intends to impair under a plan in a case under such chapter;
(B) has negotiated in good faith with creditors and has failed
to obtain the agreement of creditors holding at least a majority
in amount of the claims of each class that such entity intends to
impair under a plan in a case under such chapter;
(C) is unable to negotiate with creditors because such
negotiation is impracticable; or
(D) reasonably believes that a creditor may attempt to obtain a
transfer that is avoidable under section 547 of this title.


38 posted on 01/10/2011 10:51:44 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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