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Commentary: The Case for Allowing U.S. States to Declare Bankruptcy

Submitted by jhartgen@abi.org on

Puerto Rico is trapped in a financial crisis so deep that President Obama says the only way out for the territory is to make it eligible for a bankruptcy-like process to shed some of its debts. None of the 50 states is nearly as bad off as Puerto Rico, but some officials are arguing that if a state does get into deep financial trouble, some kind of bankruptcy would be the best option — certainly better than a taxpayer bailout, according to a commentary in Bloomberg BusinessWeek today. States, unlike cities and counties, currently can’t declare bankruptcy. The case for allowing it is that a well-run proceeding apportions losses fairly and fast, according to experts. “Bankruptcy lets you get ahead of the problem,” says David Skeel Jr., a professor at University of Pennsylvania Law School and a leading advocate of giving federal bankruptcy protection to states. Without that option, he says, “what inevitably happens when you’re in deep financial distress is that you have to cannibalize other stuff. You cut police, schools, other services. You reinforce the downward spiral.”

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