"Take the bull by the horns"
Federal debt for States' bailout will dry up after, "Moody's warned Monday that it could move a step closer to cutting the U.S. Aaa rating if President Obama's tax and unemployment benefit package becomes law." There is no hope for NY or California or Illinois or Michigan except for a Federal Bailout or bankruptcy. But there's no Federal bankruptcy law applicable to the States.
(See this link for more details)
Since Congress will be reluctant to bailout States
(where would it end?), we need a new Bankruptcy Chapter for State Bankruptcy to be called Chapter 10. Since States are sovereign entities and as such retain sovereign powers, Congress can simply make modifications to the present Chapter 9 for municipalities to create a
United States Code Title 11 Bankruptcy Chapter 10 for States.
I've copied sections of the Federal Bankruptcy law for Chapter 9 and would remove text in blue and insert the red text. Other parts of this Chapter 9 would remain unchanged and be renumbered from §§
901-906 to §§
1001 to 1046
TITLE 11 CHAPTER
9 10
CHAPTER
9 10—ADJUSTMENT OF DEBTS OF A
MUNICIPALITY STATE
SUBCHAPTER I—GENERAL PROVISIONS (§§
901-904 1001-1004)
SUBCHAPTER II—ADMINISTRATION (§§
921—930 1021-1030)
SUBCHAPTER III—THE PLAN (§§
941—946 1041-1046)
903. 1003. Reservation of State power to control municipalities Sovereign power
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— such State, a State law prescribing a method of composition of indebtedness
of such municipality of such State 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.
904. 1004. Limitation on jurisdiction and powers of court
Notwithstanding any power of the court, unless the debtor consents or the plan so provides, the court may not, by any stay, order, or decree, in the case or otherwise, interfere with—any of the political or governmental powers of the debtor
State; the debtor’s use or enjoyment of any income-producing property;
the sovereign immunity of such debtor State.
921. 1021. Petition and proceedings relating to petition 109(d) and 301 of this title, a case under this chapter
concerning an unincorporated tax or special assessment district that does not have such district’s own officials is commenced by the filing under section of this title of a petition under this chapter by such
district’s governing authority or the board or body having authority to levy taxes or assessments to meet the obligations of such district. State.
(b)The chief judge of the court of appeals for the circuit embracing the
district State in which the case is commenced shall designate the bankruptcy judge to conduct the case. After any objection to the petition, the court, after notice and a hearing, may dismiss the petition if the debtor did not file the petition in good faith or if the petition does not meet the requirements of this title.
If the petition is not dismissed under subsection (c) of this section, the court shall order relief under this chapter notwithstanding section (b)The court may not, on account of an appeal from an order for relief, delay any proceeding under this chapter in the case in which the appeal is being taken; nor shall any court order a stay of such proceeding pending such appeal. The reversal on appeal of a finding of jurisdiction does not affect the validity of any debt incurred that is authorized by the court under section (c)or (d)
927. 1027. Limitation on recourse
The holder of a claim payable solely from special revenues of the
debtor State under applicable nonbankruptcy law shall not be treated as having recourse against the debtor on account of such claim pursuant to section (b) of this title.
Do, or do not. There is no 'try.' by Jedi Master Yoda
To be sent to various Congressmen, Senators, Moody's and others who may be interested in a non-bailout of States.