Fill in this Information to Identify the case:
United States Bankruptcy Court for the:
District of
(Stale)
Case number (If known): Chapter
❑ Check if this is an
amended filing
Official Form 201
Voluntary Petition for Non-Individuals Filing for Bankruptcy 04/20
If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor's name and the case
n umber (if known). For more information, a separate document, Instructions for Bankruptcy Forms for Non-Individuals, is available.
1. Debtor's name City of Fairfield, Alabama
2. All other names debtor used
in the last 8 years
I nclude any assumed names,
trade names, and doing business
as names
3. Debtor's federal Employer
Identification Number(EIN)
4 6 60 ( ,22
4. Debtor's address Principal place of business Mailing address, if different from principal place
of business
4701 Gary Avenue
Number Street Number Street
P.O. Box
Fairfield AL 35064
City State ZIP Code City State ZIP Code
Location of principal assets, if different from
principal place of business
Jefferson
County
Number Street
City State ZIP Code
s. Debtor's website (URL) [Link]
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 1
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Document Page 1 of 7
Debtor City of Fairfield, Alabama Case number Kknown)
Name
6. Type of debtor
❑ Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))
❑ Partnership (excluding LLP)
Municipality
21 Other. Specify:
A. Check one:
7. Describe debtor's business
❑ Health Care Business (as defined in 11 U.S.C. § 101(27A))
❑ Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
❑ Railroad (as defined in 11 U.S.C. § 101(44))
❑ Stockbroker (as defined in 11 U.S.C. § 101(53A))
❑ Commodity Broker (as defined in 11 U.S.C. § 101(6))
❑ Clearing Bank (as defined in 11 U.S.C. § 781(3))
6 None of the above
B. Check all that apply:
21 Tax-exempt entity (as described in 26 U.S.C. § 501)
❑ Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C.
§ 80a-3)
❑ Investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11))
C. NAICS (North American Industry Classification System)4-digit code that best describes debtor. See
[Link] .
a. Under which chapter of the Check one:
Bankruptcy Code is the
Chapter 7
debtor filing?
Chapter 9
Chapter 11. Check all that apply:
A debtor who is a "small business
❑ The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D), and its
debtor must check the first sub-
box. A debtor as defined in aggregate noncontingent liquidated debts (excluding debts owed to insiders or
affiliates) are less than $2,725,625. If this sub-box is selected, attach the most
§ 1182(1) who elects to proceed
under subchapter V of chapter 11 recent balance sheet, statement of operations, cash-flow statement, and federal
income tax return or if any of these documents do not exist, follow the procedure in
(whether or not the debtor is a
1 1 U.S.C. § 1116(1)(B).
"small business debtor) must
check the second sub-box. ❑ The debtor is a debtor as defined in 11 U.S.C. § 1182(1), its aggregate
noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are
less than $7,500,000, and it chooses to proceed under Subchapter V of
Chapter 11. If this sub-box is selected, attach the most recent balance sheet,
statement of operations, cash-flow statement, and federal income tax return, or if
any of these documents do not exist, follow the procedure in 11 U.S.C.
§ 1116(1)(B).
❑ A plan is being filed with this petition.
❑ Acceptances of the plan were solicited prepetition from one or more classes of
creditors, in accordance with 11 U.S.C. § 1126(b).
❑ The debtor is required to file periodic reports (for example, 10K and 10Q) with the
Securities and Exchange Commission according to § 13 or 15(d) of the Securities
Exchange Act of 1934. File the Attachment to Voluntary Petition for Non-Individuals Filing
for Bankruptcy under Chapter 11 (Official Form 201A) with this form.
❑ The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule
12b-2.
❑ Chapter 12
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 2
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City of Fairfield, Alabama Case number ut known)
Debtor
Name
9. Were prior bankruptcy cases el No
filed by or against the debtor
within the last 8 years? ❑ Yes, District When Case number
M M / DD / YYYY
If more than 2 cases, attach a
District When Case number
separate list.
M M / DD / YYYY
10. Are any bankruptcy cases Qg No
pending or being filed by a
business partner or an ❑ Yes. Debtor Relationship
affiliate of the debtor? District When
MM / DD / YYYY
List all cases. If more than 1,
attach a separate list. Case number, if known
11. Why is the case filed in this Check all that apply:
district?
6 Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days
immediately preceding the date of this petition or for a longer part of such 180 days than in any other
district.
❑ A bankruptcy case concerning debtor's affiliate, general partner, or partnership is pending in this district.
12. Does the debtor own or have al No
possession of any real ❑ Yes. Answer below for each property that needs immediate attention. Attach additional sheets if needed.
property or personal property
that needs immediate Why does the property need immediate attention? (Check all that apply.)
attention?
❑ It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety.
What is the hazard?
❑ It needs to be physically secured or protected from the weather.
❑ It includes perishable goods or assets that could quickly deteriorate or lose value without
attention (for example, livestock, seasonal goods, meat, dairy, produce, or securities-related
assets or other options).
❑ Other
Where is the property?
Number Street
City State ZIP Code
Is the property insured?
❑ No
❑ Yes. Insurance agency
Contact name
Phone
Statistical and administrative information
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 3
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Document Page 3 of 7
Debtor City of Fairfield, Alabama Case number of known)
Name
13. Debtor's estimation of Check one.
available funds Funds will be available for distribution to unsecured creditors.
CI After any administrative expenses are paid, no funds will be available for distribution to unsecured creditors.
Li 1-49 Ca 1,000-5,000 CI 25,001-50,000
14. Estimated number of U 50-99 LI 5,001-10,000 D 50,001-100,000
creditors
LI 100-199 Li 10,001-25,000 C7 More than 100,000
1251 200-999
❑ $0-$50,000 [?:S3 $1,000,001-$10 million ❑ $500,000,001-$1 billion
15. Estimated assets ❑ $50,001-$100,000 ❑ $10,000,001-$50 million ❑ $1,000,000,001-$10 billion
C3 $100,001-$500,000 ❑ $50,000,001-$100 million ❑ $10,000,000,001-$50 billion
D $500,001-$1 million ❑ $100,000,001-$500 million 0 More than $50 billion
16. Estimated liabilities
❑ $0-$50,000 a $1,000,001-$10 million ❑ $500,000,001-$1 billion
❑ $50,001-$100,000 ❑ $10,000,001-$50 million ❑ $1,000,000,001-$10 billion
❑ $100,001-$500,000 ❑ $50,000,001-$100 million ❑ $10,000,000,001-$50 billion
❑ $500,001-$1 million ❑ $100,000,001-$500 million 0 More than $50 billion
Request for Relief, Declaration, and Signatures
WARNING -- Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to
$500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.
17. Declaration and signature of The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this
authorized representative of
petition.
debtor
I have been authorized to file this petition on behalf of the debtor.
I have examined the information in this petition and have a reasonable belief that the information is true and
correct.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 051/'112020
MM / DD / Y YY
Signature of autf zed representative of debtor
far/
Printed name
i?oberson
Title e n er
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 4
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Debtor City of Fairfield, Alabama Case number lit known)
Name
18. Signature of attorney Date a s—
Signature of attorney for debtor MM /DD / YYYY
R. Scott Williams
Printed name
Rumberger, Kirk & Caldwell
Firm name
2001 Park Place North, Suite 1300
N umber Street
Birmingham AL 35203
City State ZIP Code
205-327-5550 swilliams@[Link]
Contact phone Email address
ASB-3234-m63r AL
Bar number State
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 5
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RESOLUTION 2020-04
WHEREAS, the City of Fairfield (the "City") is a municipality located in Jefferson
County, Alabama;
WHEREAS,the City owes substantial funds to various parties, including obligations on
two outstanding bond obligations;
WHEREAS, the City has faced a substantial decline in revenues in recent years due to
economic forces beyond its control;
WHEREAS,the City has substantial operating losses and has not been able to meet its
ongoing financial obligations;
WHEREAS,the City is a municipality, as such term is defined under title 11 ofthe United
States Code, 11 U.S.C. § 101 et. seq.(the "Bankruptcy Code");
WHEREAS, pursuant to Alabama Code § 11-81-3, the City is specifically authorized to
be a debtor under Chapter 9 ofthe Bankruptcy Code;
WHEREAS, the City generally is not paying its debts as they become due, is unable to
pay its debts as they become due, and is insolvent;
WHEREAS,the City desires to effect of a plan of adjustment of debts to adjust the terms
and conditions of its debts and obligations;
WHEREAS, after numerous years of diligent efforts toward regaining financial stability,
the City has exhausted its options, and additional delays in resolving its financial crisis will further
harm the City's prospects for recovery and future economic development;
NOW,THEREFORE,BE IT RESOLVED,that the City hereby Finds, Determines and
Concludes that it is in the best interest of the City to authorize the filing of a petition for relief
under Chapter 9 ofthe Bankruptcy Code on behalf of and in the name ofthe City;
BE IT FURTHER RESOLVED by the City that the Mayor and/or City Manager is hereby
authorized and directed to execute a petition for relief under Chapter 9 ofthe Bankruptcy Code on
behalf of and in the name of the City and is further authorized to execute, upon the advice of
counsel, such other motions, applications, certifications,forms,schedules and documents as are or
may become necessary to commence and prosecute a case and to complete and fully discharge the
rights and duties of the City under Chapter 9 ofthe Bankruptcy Code;
BE IT FURTHER RESOLVED by the City that counsel for the City may file the Chapter
9 petition with the United States Bankruptcy Court for the Northern District of Alabama upon
execution of such petition;
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BE IT FURTHER RESOLVED by the City shall be authorized to honor all pre-petition
accrued obligations to current City employees for wages and salaries, including earned vacation,
severance and sick leave pay and contributions to employee benefit plans;
BE IT FURTHER RESOLVED by the City that it shall be authorized pursuant to Section
904 ofthe Bankruptcy Code,to honor pre-petition and post-petition continuing obligations to trade
vendors that have provided and continue to provide goods and services to the City in the ordinary
course of business and according to the credit terms agreed to by such vendors and the City; and
BE IT FURTHER RESOLVED by the City that the Mayor and/or City Manager is hereby
authorized to retain the law firm ofRumberger,Kirk & Caldwell upon such terms as are negotiated
and such other professionals as may be necessary to assist in the bankruptcy and other bankruptcy
service providers.
itz (
Eddie J. Penny, Mayor
ATTEST:
Mary Rober n, City Manager/City Clerk
13519239,v1
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