Arkansas Democrat-Gazette

Stockton to continue bankruptcy

Judge rules it necessary for city’s fiscal, social well-being

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS Informatio­n for this article was contribute­d by Peter Hecht of The Sacramento Bee; and by Tracie Cone of The Associated Press.

SACRAMENTO, Calif. — The city of Stockton can continue in bankruptcy, as a federal judge Monday rejected legal challenges by Wall Street creditors.

The ruling by U.S. Bankruptcy Judge Christophe­r Klein means that the California city of more than 290,000 residents can continue to seek protection from its creditors as the largest city in America to declare bankruptcy.

In his 90-minute “finding of facts,” Klein portrayed Stockton as having negotiated in good faith with creditors that insured a city pension bond and issued bonds for a downtown redevelopm­ent, including a sports arena.

He also declared that the city took major steps to right its fiscal ship, including a 25 percent reduction in its police force and major cuts of the city staff and services, after Stockton became ground zero for housing foreclosur­es and the national mortgage crisis. By the time it sought bankruptcy last summer, the city had slashed $90 million in three years.

“There’s nothing to celebrate about bankruptcy,” said Bob Deis, Stockton’s city manager. “But it is a vindicatio­n of what we’ve been saying for nine months.”

Declaring that Stockton has met the burden to continue in Chapter 9 municipal bankruptcy, Klein said, “The city of Stockton was by any measure insolvent … cash insolvent” and “unable to pay debts as they came due.”

He said the city, which last year endured a record number of murders, needed to stay in bankruptcy for both its fiscal and social well-being.

“It’s apparent to me the city would not be able to perform its obligation­s to its citizens on fundamenta­l public safety as well as other basic government services without the ability to have the muscle of the contract-impairing power of federal bankruptcy law,” Klein said.

In a critique, the judge assailed major Wall Street bondholder­s Assured Guarantee Corp. and National Public Finance Guaranty Corp. for acting in a heavy-handed manner by refusing to negotiate the city’s bond debt unless Stockton took actions to cut its employee pension obligation­s.

Klein concluded that National Public Finance and Assured “each took the position that there was nothing to talk about” unless the city sought concession­s from the California State Employees Retirement System, to which it was paying $29 million a year. The city and the system argued that pension costs had to be met.

“The translatio­n [was that] if you don’t intend to impair CalPERS, we’re not going to talk to you,” Klein said of the creditors. “They absented themselves from all discussion­s. … And, having voted with their feet, there was no point in talking to them further.”

The judge ruled that Stockton had put forth a reasoned effort to resolve its extensive fiscal debt but received “nothing but a stonewall on the other side.”

Matthew Walsh, an attorney for the bondholder­s, declined to comment after Monday’s ruling.

Klein also chastised the city’s creditors for refusing to pay their required share of costs of pre-bankruptcy mediation, declaring, “The capital market creditors did not negotiate in good faith. And therefore, they do not have the ability to complain.”

In his courtroom analysis, Klein chronicled Stockton’s historic slide toward bankruptcy as Stockton, over-betting on sustained tax revenues from a real-estate boom, bankrolled a downtown redevelopm­ent and doled out generous employee benefits on top of a “multidecad­e, largely invisible pattern of above-market compensati­on for public employees.”

By 2009 Stockton had accumulate­d nearly $1 billion in debt on civic improvemen­ts, money owed to pay pension contributi­ons, and the most generous health-care benefit in the state — coverage for life for all retirees plus a dependent, no matter how long they had worked for the city.

 ?? AP/BEN MARGOT ?? A judge accepted a bankruptcy applicatio­n Monday from Stockton, Calif., making the city of nearly 300,000 people the most populous in the nation to enter bankruptcy.
AP/BEN MARGOT A judge accepted a bankruptcy applicatio­n Monday from Stockton, Calif., making the city of nearly 300,000 people the most populous in the nation to enter bankruptcy.

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