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HGS Attorneys Sandy and Tilton Publish Article on CDD Fiscal Sovereignty

Posted Monday, June 20th, 2016

Hopping Green & Sams (HGS) attorneys Sarah Sandy and Erin Tilton co-authored “Community Development Districts as Creditors: The Role of Separation of Powers in Protecting the District’s Fiscal Sovereignty” in Stetson Law Review’s Volume 45, Spring 2016 publication. In the article, Sandy and Tilton discuss whether a bankruptcy court can and should force restructuring of special assessments levied by a community development district in cases where developers, large landowners, or investors file a petition for reorganization under Chapter 11 of the Bankruptcy Code. The authors ultimately conclude that the bankruptcy court’s interference with the CDD’s fiscal affairs would be unconstitutional, would violate federal and state law, and would be detrimental to public financing.

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