Harrisburg's Bankruptcy Filing

Click on the blue headings to access documents.

The Judge 

U.S. Bankruptcy Judge Mary D. France 

The Attorneys for the public parties. 

City of Harrisburg Administration/Office of the Mayor: Tucker Arsenberg, P.C.

Harrisburg City Council:  Mark D. Schwartz, Esquire

• 9/28/11: Letter from Mark Schwartz, Esquire to Stephen Aichele, Esquire
• 9/28/11: Acting City Solicitor’s Opinion to City Council on the Hiring of Mark Schwartz
• 10/3/11:  Letter from City Council President to Mr Schwartz Regarding His Hiring

Dauphin County: McNees Wallace & Nurrick 

State of PA: Cozen & O’Connor 

The Petition 

10/11/11: The City of Harrisburg files a bankruptcy petition. City of Harrisburg Chapter 9 Petition

10/13/11: City of Harrisburg files Motion to hold Status Conference. Motion to Hold Status Conference

10/14/11: Judge Mary France issues Order for Status Conference. Order Setting The Status Conference 

10/17/11: Status Conference in Federal Bankruptcy Court

10/19/11: Judge Mary France sets deadlines and a hearing date. Hearing on validity of Harrisburg’s Chapter 9 Petition set for November 23rd @ 9:30am. Order Setting Objection & Briefing Deadlines and Setting Hearing Date

11/1/11: Amended Briefing Schedule. Amended Order on Brieifing Schedule for Objections to Petition

Expedited Hearing Request--November 1, 2011 @ 10:30am 

10/27/11: The Harrisburg Office of the Mayor requests an expedited hearing on the authority to pay routine expenses.

• Mayor’s Motion for Order Confirming Authority to Pay Vendors
• Mayor’s Office Proposed Order on Confirming Right to Pay Venders et al
• Proposed Order of Mayor’s Office for Expedited Hearing
• Order Granting Expediting Hearing on Payment

10/31/11: Harrisburg City Council files opposition to the Mayor’s request for an emergency motion. City Council’s Opposition to Mayor’s Request for Vendor Payments

10/31/11: Debt Watch Harrisburg files opposition to the Mayor’s request for an emergency motion. Debt Watch Harrisburg, et al Answer & Objections to City Motion for Order Confirming Authorrity to Pay Vendors, et al

11/1/11: City’s request, order granted. Chap 9 Order Granting City of HBG Mayor Motion for “Comfort Order”

The objections to Harrisburg's Chapter 9 filing (deadline 10/28/11)

• Objections of the Commonwealth of Pennsylvania
• Commonwealth of PA Memorandum of Law in Support of Motion to Dismiss
• Exhibit A to Brief of Commonwealth of PA
• Exhibit B to Brief of Commonwealth of PA
• Exhibit C to Brief of Commonwealth of PA
• Exhibit D to Brief of Commonwealth of PA
• Exhibit E to Brief of Commonwealth of PA

• Objections of Dauphin County
  
• Brief of Dauphin County in Support of Motion to Dismiss
• Exhibit A to Brief of Dauphin County
• Exhibit B to Brief of Dauphin County
• Exhibit C to Brief of Dauphin County
• Exhibit D to Brief of Dauphin County
• Proposed Order of Dauphin County of Objection

• Objection of City of Harrisburg Office of the Mayor
• Brief in Support of Office of the Mayor’s in Support of Motion to Dismiss
  
• Exhibit 1 to Brief of Office of the Mayor
• Exhibit 2 to Brief of Office of the Mayor
• Exhibit 3 to Brief of Office of the Mayor
• Exhibit 4 to Brief of Office of the Mayor
• Exhibit 5 to Brief of Office of the Mayor

• Objections of TD Bank, M&T Bank and AGM
• Brief in Support of TD Bank et al in Support of Motion to Dismiss
• Exhibit A to Brief of TD Bank, et al
• Exhibit B to Brief of TD Bank, et al

• Objections of Ambac Insurance

• Objections of National Public Financial Guarantee Corporation, joining Commonwealth of PA 
  

• Objections of Syncora Guarantee Inc, joining Commonwealth of PA 

• Objections by Covanta
  
• Brief of Covanta in Support of Motion to Dismiss
• Exhibit to Objection

• Objection of Fraternal Order of the Police (FOP)
• Brief of FOP in Support of Motion to Dismiss
• Exhibit A to Brief of FOP

• Objections of American Federation of State, County and Municipal Employees, District Council 90 (AFSCME)

 

The responses and briefs to objections of Chapter 9 filing (deadline 11/14/11)

• Response of Harrisburg City Council to Opposition of Objections
• Brief of Harrisburg City Council in Opposition to Objections

• Response of Debt Watch Harrisburg (DWH) to Opposition of Objections
• Brief of DWH in Opposition to Objections
• Exhibit 1 to Brief in Opposition: Solicitor Resigns
• Exhibit 2 Brief in Opposition: Rules of Council 2010
• Exhibit 3-1 Brief in Opposition: Sturgis Standard Code of Parl Pro TOC, Index, Intro
• Exhibit 3-2 Brief in Opposition: Sturgis SCPP Definitions, Tables
• Exhibit 3-3 Brief in Opposition: Sturgis SCPP Intro, Signiificance, Principles of PP
• Exhibit 3-4 Brief in Opposition: Sturgis
• Exhibit 3-5 Brief in Opposition: Sturgis SCPP Voting, Parliamentarion, Supporting Motions
• Exhibit 4 Brief in Opposition: HBG Charter
• Exhibit 5 Brief in Opposition: Erie Case Clipping
• Exhibit 6 Brief in Opposition: Mayor Refuses Bankruptcy
• DWH List of Attorneys Served the Chapter 9 filings

The rebuttals to responses & briefs (deadline 11/19)

• Reply & Brief Of The City Of Harrisburg Through Its Mayor
• Exhibit

• Reply Brief of Dauphin County
• Dauphin County Reply Brief Exhibit 1
• Dauphin County Reply Brief Exhibit 2
• Dauphin County Exhibit 3
• Dauphin County Exhibit 4

• Reply Brief of the Commonwealth of PA
• Commonwealth of PA Exhibit A

• Reply Brief of TD Bank et al

• Reply Brief of Ambac Reply Brief

The Verdict

11/23/11: Order Dismissing Bankruptcy

12/5/11: Judge France’s Written Opinion on HBG Bankruptcy Dismissal

Misc.

11/6/11: A letter from Harrisburg Rabbi Carl S. Choper to Judge Mary France. Rabbi’s letter of support for Harrisburg ‘s Chapter 9

11/21/11: A letter from Judge Mary France to all Parties asking for stipulation of exhibits. Correspondence from Judge France