Kutak Rock attorney Marc Liebermann authored an article, “Want to Preclude Municipal Bankruptcies Filed to Discharge Pension Obligations? Amend Your Bankruptcy Authorization Statute, Pronto,” in the April 2015 issue of The National Association of Public Pension Attorneys (NAPPA) Report.
The article focuses on issues associated with municipal efforts to discharge public pension liabilities. In the article, Lieberman discusses the prerequisites of a municipal bankruptcy filing, how state and federal constitutional protections affect efforts to discharge government pension benefits, how Detroit’s bankruptcy filing might serve as a model for the discharge of pension obligations, and how public pension systems fearful of municipal efforts to discharge their pension obligations can prevent such discharge by enacting specific prophylactic legislation.
Read the full article here.
Lieberman is a partner in the firm’s Scottsdale office and chair of the firm’s public pension and alternative investments group. He serves as investment counsel to numerous public pension plans throughout the United States.