Section 85.30. Petition of municipality; temporary stay of claims  


Latest version.
  • A
      voluntary petition  may  be  filed  pursuant  to  this  section  by  any
      municipality  or,  in  the  event  a  municipality  refuses to file such
      petition after request by its  emergency  financial  control  board,  or
      fails  to  do  so  within  five  days  thereafter,  the board may file a
      petition pursuant to this section on behalf of the  municipality.    The
      petition  shall  be  filed in the supreme court in a county in which the
      municipality  is  located.  The  petition  shall  state:  (a)  that  the
      municipality  is  unable to pay its debts or obligations as they mature;
      (b) that the municipality  or  its  emergency  financial  control  board
      intends  to  file with the court a repayment plan in compliance with the
      requirements of section 85.40 of this title; (c) the nature of the debts
      and obligations of the municipality which may be affected  by  the  plan
      and the approximate amount thereof; and (d) the identities and addresses
      of  creditors  who  may be affected by the plan or, in lieu thereof, the
      reason such identification is impracticable and a listing  of  creditors
      in  a  manner that is practicable in the circumstances. A petition filed
      pursuant to this section shall operate to prohibit the doing of any act,
      and to stay the commencement or continuation of any  action  or  special
      proceeding in any court in any jurisdiction, seeking to apply or enforce
      against  the  municipality  or any covered organization, or their funds,
      property, receivables or revenues, any order, judgment, lien, set-off or
      counterclaim relating to any contract, debt  or  obligation,  direct  or
      indirect,  of  the  municipality, including but not limited to any bond,
      note or other evidence of indebtedness, or seeking the assessment,  levy
      or  collection of taxes by or for the municipality or the application of
      any funds, property, receivables or revenues of the municipality or  any
      covered  organization,  for  a period of ninety days; provided, however,
      that: (i) the stay may be vacated prior thereto if, upon motion  of  any
      creditor  affected  thereby,  the court finds, after a hearing, that the
      petition was not filed in good faith; (ii) if a repayment plan  for  the
      municipality  is  filed  within  ninety  days  from  the  filing  of the
      petition, or within such additional period of time as the court may find
      after a hearing is required to permit the preparation and filing of such
      a plan, the court shall extend the stay for such  additional  period  of
      time  as  is  required to permit the court to enter an order pursuant to
      section 85.40 of this title; (iii) any applicable statute of limitations
      shall be tolled during the period  of  any  stay  or  extension  thereof
      pursuant  to  this  title;  and  (iv)  during  the period of any stay or
      extension thereof pursuant to this title, the  municipality  may  expend
      moneys  to  maintain  and provide such services and for such purposes as
      are determined to be necessary by its emergency financial control board.