Legal Opinion

City of San Bernardino, California

United States Bankruptcy Court, C.D. California

Decided October 16, 2013No. RS 6:12-bk-28006 MJPublishedCited by 8 opinions

1Opinion of the Court

OPINION

MERIDETH A. JURY, Bankruptcy Judge.

CITY OF SAN BERNARDINO ELIGIBILITY OPINION

A major creditor of the City of San Bernardino, the California Public Employee Retirement System, objected to the eligibility of the City to file a petition under chapter 91 of the Bankruptcy Code on the grounds that it did not desire to effect a plan of adjustment and did not file the petition in good faith. The Court recognizes that the City was not a poster child in organization and prepetition planning before it entered into the complex world of chapter 9 reorganization. The Court also acknowledges that…

2Cases cited16 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Carmona v. ToledoCourt of Appeals for the First Circuit · 2000
  4. City of Fairfield v. Superior CourtCalifornia Supreme Court · 1975
  5. Bighorn-Desert View Water Agency v. VerjilCalifornia Supreme Court · 2006

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3Cited by8 opinions

  1. In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2014
  2. In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
  3. In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013
  4. Newberry v. City of San Bernardino (In re City of San Bernardino)District Court, C.D. California · 2016
  5. San Bernardino City Professional Firefighters Local 891 v. City of San Bernardino (In re City of San Bernardino)District Court, C.D. California · 2015

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