52:27-36. Approval by Supreme Court justice of plan of adjustment or composition; findings

154 words·~1 min read·/nj/title-52/chapter-27/52-27-36

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In any such action, after hearing on the plan proposed or on the plan as modified by order and if such plan as proposed or modified is approved in writing by creditors representing eighty-five per centum (85%) in amount of the indebtedness affected thereby and by the municipality and the commission, the Superior Court may authorize and approve such adjustment or composition if the court determines

(1)that the municipality is unable to pay in full according to their terms the claims proposed to be adjusted or composed, and perform its public functions and preserve the value of property subject to taxation,

(2)that the adjustment or composition is substantially measured by the capacity of the municipality to pay,

(3)that it is in the interest of all the creditors affected thereby, and

(4)that it is not detrimental to other creditors of the municipality.

Amended by L.1953, c. 49, p. 875, s. 40.