"It remains to be seen whether the decision of Detroit's state-appointed emergency manager to file for bankruptcy, default on debt and propose deep losses to bondholders is because of Detroit's unique weaknesses or a harbinger of a policy change that will weaken its oversight program for other cities as well," it said.
In March, Michigan enacted a new oversight law known as Public Act 4 that allows local elected officials to choose among having an emergency manager, turning to a neutral party in arbitration, entering a consent agreement to fix the government's finances, or filing for Chapter 9 bankruptcy protection. Michigan has had an emergency manager law for 20 years, but in 2011 voters repealed an overhaul that had given managers more power over cities' finances.
"Whether an earlier appointment of an emergency manager would have averted a debt service default is debatable. Certainly, the uncertainty surrounding the legality of Public Act 4 created significant delays in implementing an effective plan, delays which allowed the city's already weak financial position to deteriorate," Moody's said.
Moody's also said that recent California legislation to impose mediation on local governments seeking bankruptcy had "provided a path to bankruptcy and default" for both Stockton and San Bernardino.
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