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NC H755

Bill

Status

Engrossed

4/26/2017

Primary Sponsor

John Blust

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

H755 - Bankruptcy Amendments

  • Expands Chapter 9 bankruptcy relief authorization to correction enterprises (with Department of Public Safety approval), local school administrative units (with State Board of Education approval), and community colleges (with State Board of Community Colleges approval), in addition to existing taxing districts, counties, and municipalities.

  • Allows governmental units denied bankruptcy approval to appeal the denial decision to superior court, which shall review whether the decision is arbitrary or capricious.

  • Permits authorized governmental units to use or borrow additional working capital pursuant to a bankruptcy court-confirmed plan of adjustment or court order.

  • Updates references throughout the General Statutes from outdated bankruptcy terminology (such as "referee in bankruptcy" and "Federal Bankruptcy Act") to current Title 11 of the United States Code language.

  • Modifies procedures for recording bankruptcy documents, filing proofs of claim, and enforcing liens in bankruptcy proceedings to reference current federal bankruptcy law and procedures.

Legislative Description

Bankruptcy Amendments

Last Action

Ref To Com On Rules and Operations of the Senate

4/26/2017

Committee Referrals

Rules and Operations of the Senate4/26/2017
Judiciary II4/19/2017
State and Local Government II4/13/2017

Full Bill Text

No bill text available