
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: November 25, 2014

Partner
201-896-7095 jglucksman@sh-law.com
U.S. Bankruptcy Judge Christopher Klein issued a ruling on Oct. 30, which approved a restructuring plan proposed by Stockton, California, according to the Associated Press. The city will be allowed to reorganize over $900 million in long-term debt as a part of Stockton’s bankruptcy plan. With this ruling the city can emerge from the past two years of financial uncertainty following its decision to file for protection under Chapter 9 of the bankruptcy law in 2012.
“This plan, I’m persuaded, is the best that can be done in terms of restructuring an adjustment of the debts of the city of Stockton,” Klein said, according to the news source.
In a landmark ruling earlier in October, Klein also ruled that the city’s pensions could be reduced in municipal bankruptcy, according to Reuters. This opened the door for negotiations between the city and the California Public Employees’ Retirement System, or Calpers, though the city expressed its opposition to the idea.
At times during the bankruptcy, Klein referred to the issue of the pensions as “a festering sore,” that required the court “to get in there and excise it and figure out what the story is,” according to the news source.
The city opted not to negotiate with Calpers, but reached deals with all major creditors except Franklin Templeton Investments, The Associated Press reported. The firm argued that it was being treated unfairly in the ructuring plan, which doesn’t touch the pension fund but asks it to walk away from almost $32.5 million.
“Obviously we are disappointed,” Franklin Templeton’s attorney, James Johnston, told the judge, according to Reuters. “We will evaluate our next steps.”
The city of Stockton’s future looked bright just before the recession, as legislators approved millions for revitalizing downtown areas and other projects. During the recession, however, much of that financed real estate lost value, contributing to a fiscal disaster.
Get the full story of Stockton’s Bankruptcy Plan from my previous posts:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!