Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Bankrupt San Bernardino Favors CalPERS Over Bondholders

Author: Joel R. Glucksman

Date: May 3, 2013

Key Contacts

Back

The city council of bankrupt San Bernardino announced it will resume making payments to the state pension fund – the California Public Employees’ Retirement System, or CalPERS – to the chagrin of the city’s bondholders.

Municipal lawmakers approved a new 14-month budget that will require it to prioritize some creditors over others. The council voted to continue making $1.2 million pension payments on a bi-weekly basis effective July 1. In doing so, however, the city’s budget leaves no room to make payments to the city’s bondholders.

San Bernardino is not the first city faced with the decision of whether to prioritize payments to state pensions or Wall Street bondholders, but its decision to favor the pension fund may have an impact on how other distressed cities manage their own financial troubles. CalPERS is currently San Bernardino’s largest creditor, and called the city’s decision to continue payments a “smart business decision,” Reuters reports.

While the city agreed to resume pension payments, it left a great deal of uncertainty in how it plans to tackle other areas of debt. In what Mayor Pat Morris coined as the city’s “survival budget,” the amounts allocated toward repaying debt may fluctuate or face adjustments as the city continues to seek out solutions and meet its debt obligations.

“This budget of ours that leads us through the next 15, 16 months continues to defer critical obligations that must be acknowledged and paid off,” Morris told the San Bernardino Sun.

San Bernardino filed for bankruptcy law protection under Chapter 9 of the Bankruptcy Code last August. Since that period, it has deferred tens of millions of dollars in debt, and its survival budget focuses primarily on contributing to its state pension fund and covering critical needs for its residents, including police and fire services.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
Novation Agreement Process: Step-by-Step Guide for Businesses post image

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
What Is a Trade Secret? Key Elements and Legal Protections Explained post image

What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
What Is Title Insurance? Safeguarding Against Title Defects post image

What Is Title Insurance? Safeguarding Against Title Defects

If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

Author: Patrick T. Conlon

Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Bankrupt San Bernardino Favors CalPERS Over Bondholders

Author: Joel R. Glucksman

The city council of bankrupt San Bernardino announced it will resume making payments to the state pension fund – the California Public Employees’ Retirement System, or CalPERS – to the chagrin of the city’s bondholders.

Municipal lawmakers approved a new 14-month budget that will require it to prioritize some creditors over others. The council voted to continue making $1.2 million pension payments on a bi-weekly basis effective July 1. In doing so, however, the city’s budget leaves no room to make payments to the city’s bondholders.

San Bernardino is not the first city faced with the decision of whether to prioritize payments to state pensions or Wall Street bondholders, but its decision to favor the pension fund may have an impact on how other distressed cities manage their own financial troubles. CalPERS is currently San Bernardino’s largest creditor, and called the city’s decision to continue payments a “smart business decision,” Reuters reports.

While the city agreed to resume pension payments, it left a great deal of uncertainty in how it plans to tackle other areas of debt. In what Mayor Pat Morris coined as the city’s “survival budget,” the amounts allocated toward repaying debt may fluctuate or face adjustments as the city continues to seek out solutions and meet its debt obligations.

“This budget of ours that leads us through the next 15, 16 months continues to defer critical obligations that must be acknowledged and paid off,” Morris told the San Bernardino Sun.

San Bernardino filed for bankruptcy law protection under Chapter 9 of the Bankruptcy Code last August. Since that period, it has deferred tens of millions of dollars in debt, and its survival budget focuses primarily on contributing to its state pension fund and covering critical needs for its residents, including police and fire services.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: