2011 US Code
Title 11 - Bankruptcy
Chapter 9 - ADJUSTMENT OF DEBTS OF A MUNICIPALITY (§§ 901 - 946)
Subchapter I - GENERAL PROVISIONS (§§ 901 - 904)
Section 903 - Reservation of State power to control municipalities
|Publication Title||United States Code, 2006 Edition, Supplement 5, Title 11 - BANKRUPTCY|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 11 - BANKRUPTCY |
CHAPTER 9 - ADJUSTMENT OF DEBTS OF A MUNICIPALITY
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 903 - Reservation of State power to control municipalities
|Laws in Effect as of Date||January 3, 2012|
|Source Credit||Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2622; Pub. L. 98-353, title III, §492, July 10, 1984, 98 Stat. 383.|
|Statutes at Large References||92 Stat. 2622 |
98 Stat. 383
|Public Law References||Public Law 95-598, Public Law 98-353|
This chapter does not limit or impair the power of a State to control, by legislation or otherwise, a municipality of or in such State in the exercise of the political or governmental powers of such municipality, including expenditures for such exercise, but—
(1) a State law prescribing a method of composition of indebtedness of such municipality may not bind any creditor that does not consent to such composition; and
(2) a judgment entered under such a law may not bind a creditor that does not consent to such composition.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2622; Pub. L. 98–353, title III, §492, July 10, 1984, 98 Stat. 383.)Historical and Revision Notes legislative statements
Section 903 of the House amendment represents a stylistic revision of section 903 of the Senate amendment. To the extent section 903 of the House bill would have changed present law, such section is rejected.senate report no. 95–989
Section 903 is derived, with stylistic changes, from section 83 of current Chapter IX [section 403 of former title 11]. It sets forth the primary authority of a State, through its constitution, laws, and other powers, over its municipalities. The proviso in section 83, prohibiting State composition procedures for municipalities, is retained. Deletion of the provision would “permit all States to enact their own versions of Chapter IX [chapter 9 of former title 11]”, Municipal Insolvency, 50 Am.Bankr.L.J. 55, 65, which would frustrate the constitutional mandate of uniform bankruptcy laws. Constitution of the United States, Art. I, Sec. 8.
This section provides that the municipality can consent to the court's orders in regard to use of its income or property. It is contemplated that such consent will be required by the court for the issuance of certificates of indebtedness under section 364(c). Such consent could extend to enforcement of the conditions attached to the certificates or the municipal services to be provided during the proceedings.Amendments
1984—Par. (2). Pub. L. 98–353 struck out “to” before “that does not consent”.Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
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