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Criteria for bankruptcy

Published January 22. 2011 09:00AM

There are five criteria for bankruptcy, according to Pennsylvania Department of Community and Economic Development spokeswoman Jamie Yates.

In the event one of the following conditions is present, a municipality is authorized to file a municipal debt adjustment action:

(1) After recommendation by the plan coordinator.

(2) Imminent jeopardy of an action by a creditor, claimant or supplier of goods or services which is likely to substantially interrupt or restrict the continued ability of the municipality to provide health or safety services to its citizens.

(3) One or more creditors of the municipality have rejected the proposed or adopted plan, and efforts to negotiate resolution of their claims have been unsuccessful for a ten-day period.

(4) A condition substantially affecting the municipality's financial distress is potentially solvable only by utilizing a remedy exclusively available to the municipality through the Federal Municipal Debt Readjustment Act.

(5) A majority of the current or immediately preceding governing body of a municipality determined to be financially distressed has failed to adopt a plan or to carry out the recommendations of the coordinator pursuant to this act.

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