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Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 80. GENERAL PROVISIONS

36-80-5. Relief from or composition of debts under federal statute prohibited.

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Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    No county, municipality, school district, authority, division, instrumentality, political subdivision, or public body corporate created under the Constitution or laws of this state shall be authorized to file a petition for relief from payment of its debts as they mature or a petition for composition of its debts under any federal statute providing for such relief or composition or otherwise to take advantage of any federal statute providing for the adjustment of debts of political subdivisions and public agencies and instrumentalities.#

  2. (b)

    No chief executive, mayor, board of commissioners, city council, board of trustees, or other governmental officer, governing body, or organization shall be empowered to cause or authorize the filing by or on behalf of any county, municipality, school district, authority, division, instrumentality, political subdivision, or public body corporate created under the Constitution or laws of this state of any petition for relief from payment of its debts as they mature or a petition for composition of its debts under any federal statute providing for such relief or composition or otherwise to take advantage of any federal statute providing for the adjustment of debts of political subdivisions and public agencies and instrumentalities.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1976, p. 1557, §§ 1, 2.

Law reviews

For comment, “Federalism, States, and the Power to Regulate Municipal Bankruptcies: Who May be a Debtor under Section 109(c)?,” see 9 Bank. Dev. J. 621 (1993).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 394 to 395; merge action: bound only; file SHA-256 5150ee8c60f7.