§ 30405. — 30405. (Added by Stats. 1995, Ch. 747, Sec. 3.)

(a)
If a trustee is appointed pursuant to this chapter, the trustee may assume and exercise, solely to the extent necessary to prevent denial of confirmation of the plan of adjustment and consistent with the interests of the state to promote the timely confirmation of the plan, the following specified powers of those cities, public districts, or other governmental agencies holding claims against the county based upon investment losses incurred or derived from the failure of the Orange County Investment Pools:
(1)
The authority to vote to accept or reject the plan of adjustment filed by the county in the pending case, or to change or withdraw such an acceptance or rejection.
(2)
The authority to subordinate or otherwise restructure the claims specified in this subdivision against the county.
(3)
The authority to take actions in the pending case that are consistent with the timely confirmation of the plan.
(4)
Other powers that are necessary and proper to execute the authority conferred by this section.
(b)
In exercising the authority conferred by subdivision (a), the trustee shall be serving the public purpose of a speedy and just resolution to the pending case. To that end, the trustee shall not act in a manner inconsistent with the fair treatment of any parties subject to this section.

Legislative History

Added by Stats. 1995, Ch. 747, Sec. 3. Effective January 1, 1996.