Section 85.40. Repayment plan for municipality; court approval; continuation of stay  


Latest version.
  • Upon the filing of a petition pursuant  to  section  85.30  of  this title, a repayment plan may be filed by the municipality or, in the
      event  the municipality refuses to file such a plan after request by its
      emergency financial control board or, after such request, fails to  file
      a  plan within forty-five days from the filing of a petition pursuant to
      section 85.30 of this  title,  the  board  may  file  a  repayment  plan
      pursuant to this section on behalf of the municipality.  Upon the filing
      of  such  a  plan, the court shall enter an order approving the plan and
      extending any stay then in effect pursuant  to  section  85.30  of  this
      title  as  against all creditors of the municipality for such additional
      period of time as is required to carry out fully all of  the  terms  and
      provisions  of  the  plan with respect to those creditors who accept the
      plan or any benefits thereunder, if the court finds,  after  a  hearing,
      that:  (a)  the repayment plan provides for the eventual satisfaction of
      all debts and obligations of  the  municipality  affected  thereby;  (b)
      that,  giving  due regard to the financial condition of the municipality
      and to the necessity for the municipality to expend moneys for  services
      and  purposes determined to be necessary as provided in section 85.30 of
      thit title, the  repayment  plan  provides  as  prompt  payment  to  all
      creditors  affected  thereby,  on  a  fair  and  equitable  basis, as is
      practicable in the circumstances; (c) that the repayment plan  preserves
      any  applicable  priorities among creditors or classes of creditors; and
      (d) that the repayment plan was approved by the municipality's emergency
      financial control board. In the event that the court is unable  to  make
      the aforesaid findings as to the repayment plan, it shall enter an order
      disapproving  the plan and vacating the stay then in effect, which order
      shall become effective within ten days from the  entry  thereof  unless,
      prior  thereto,  an amended repayment plan is filed with the court. Upon
      the filing of the first such amended plan, the court shall  extend  and,
      in  its  discretion, upon the filing of any further amended plans it may
      extend the stay then in effect for such additional period of time as  is
      required  to  permit  the  court  to  enter an order containing findings
      pursuant to this section with respect to the amended plan.