Who Bears the Burden? The Place for Participation of Municipal Residents in Chapter 9

Confirmation of a municipal Chapter 9 plan of adjustment should take the views of municipal residents into account on the issue of a plan’s feasibility. State constitutional and statutory resources must be consulted to determine the baseline of services that must be addressed to evaluate a plan’s feasibility.The confirmation requirement of feasibility provides the substantive basis for standing of residents, while the relaxed requirements for an Article I tribunal provide the constitutional justification for it. The diffuse and nonpecuniary nature of the interests of residents in municipal services warrants the appointment of an official committee on their behalf.