Atwater, California: A Fourth Calif. City on the Verge of Bankruptcy
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Oct 1, 2012
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
The Central Valley town of 28,000, Atwater, California will be the fourth municipal bankruptcy filed in the state this year. Stockton, San Bernardino and Mammoth Lakes have all filed Chapter 9 bankruptcies to restructure bond debt, address issues paying pensions, and recover from legal judgments, among other respective financial woes. Atwater city council members will vote October 3rd to solidify the move forward with a “fiscal emergency,” which will lead to bankruptcy.
Atwater has a reported $95 million in debt from bondholders, and unemployment in the town is more than 10% higher than the national average. But unlike the previous three California bankruptcies, Atwater’s financial degradation is primarily based on unfunded redevelopment projects.
During a time when real estate was booming in the Golden State, cities like Atwater grew roots in redevelopment, and neglected other areas of long-term fiscal bedrock. Atwater then took a hit when the state stopped funding redevelopment projects to its cities. This left many California municipalities without a strong financial net after the real estate “bubble” burst and property taxes sank, Atwater included.
What Is a California “Fiscal Emergency”?
In California, before filing for Chapter 9 municipal bankruptcy, cities are required to make attempts to resolve their fiscal problems through collaboration with creditors, employee groups, and other interested parties. A neutral evaluator reviews these efforts and the town’s ongoing fiscal condition. If the evaluation does not conclude that a feasible resolution has been drafted, the city can then proceed with their Chapter 9 bankruptcy filing.
Under California bankruptcy law, however, a local government in urgent need of restructuring, such as in the case of Atwater, can bypass the evaluation process and vote to self-declare fiscal emergency, and then immediately file bankruptcy.
Declaring a fiscal emergency is the penultimate step for an eventual bankruptcy in California. In other words, if Atwater officials decide in October that they will declare a fiscal emergency, one could conclude with confidence that the next step is bankruptcy.