act-1935-0-146•Pennsylvania Act 1935-146 — MUNICIPAL DEBTS, READJUSTMENT
Pennsylvania Act 1935-146 — MUNICIPAL DEBTS, READJUSTMENT
act-1935-0-1461935 Pa. Act 146Law
Act text
MUNICIPAL DEBTS, READJUSTMENT
Act of Jun. 11, 1935, P.L. 323, No. 146 Cl. 53
AN ACT
Designating the Department of Internal Affairs as the agency of
the Commonwealth to approve or disapprove petitions to
courts, and plans for the readjustment of debts of political
subdivisions, under the act of Congress relating to the
bankruptcy of political subdivisions; and defining the powers
and duties of said department in relation thereto.
Section 1. Be it enacted, &c., That no political subdivision
of this Commonwealth shall file any petition in any district
court of the United States under the Municipal Bankruptcy Act,
adopted by the Congress of the United States, approved the
twenty-fourth day of May, one thousand nine hundred and thirty-
four, Public Act Number two hundred fifty-one, Seventy-third
Congress, entitled "An act to amend an act, entitled 'An act to
establish a uniform system of bankruptcy throughout the United
States,' approved the first day of July, one thousand eight
hundred and ninety-eight, and acts amendatory thereof, and
supplementary thereto," alleging that it is insolvent or unable
to meet its debts as they mature, and expressing its desire to
effect a plan of readjustment of its debts, unless such petition
has first been submitted to, and the filing thereof has been
first approved, in writing, by the State Department of Internal
Affairs. Said department is hereby designated, in accordance
with said act of Congress, as the agency of the Commonwealth of
Pennsylvania which shall have power to approve or disapprove the
filing of any such petition of a political subdivision, and to
approve or disapprove any plan of readjustment of the debts of
any such political subdivision, prepared, filed, and submitted
with the petition to the court, as provided in said act of the
Congress.
Section 2. When any such petition shall be submitted to the
Department of Internal Affairs for approval, accompanied with a
proposed plan of readjustment of the debts of a political
subdivision, the department shall make a careful and thorough
investigation of the financial condition of such political
subdivision, of its assets and liabilities, of its sinking fund,
and whether the affairs thereof are managed in a careful,
prudent, and economic manner in order to ascertain whether the
presentation of such petition is justified, or represents an
unjust attempt by such political subdivision to evade payment of
some of its contractural obligations, and, if the department
believes that such petition should be approved, whether the plan
of readjustment submitted, will be helpful to the financial
condition of the political subdivision, and is feasible, and at
the same time fair and equitable to all creditors.
The Department of Internal Affairs shall also, prior to
giving its approval, ascertain the amount, if any, of the
obligations of any such petitioning political subdivision which
is held by any agency or agencies of the State government as
trust funds, and shall, before approving any such petition and
plan of readjustment, consult with and give every such agency an
opportunity to be heard and the privilege to examine the
findings of the department resulting from the investigation
hereinbefore required to be made, and shall likewise hear any
other creditor of such political subdivision, whether resident
within or without this Commonwealth, who shall apply therefor.
The department, if its approves a petition, shall, before
giving its approval, require such modification in the proposed
plans for readjusting the debts as to it appears proper.
Section 3. This act shall become effective immediately upon
its final enactment.
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