A 7786: Provides for restructuring unsustainable sovereign and subnational debt; provides a voluntary petition for relief may be filed with the state.

  
  STATE OF NEW YORK ________________________________________________________________________ 7786 2025-2026 Regular Sessions  IN ASSEMBLY April 10, 2025 ___________ Introduced by M. of A. DAVILA, HYNDMAN, GONZALEZ-ROJAS, SIMON, RAMOS, ROMERO, ROSENTHAL, LUNSFORD, KELLES, FORREST, LEVENBERG, SAYEGH -- read once and referred to the Committee on Judiciary AN ACT to amend the debtor and creditor law, in relation to restructur- ing unsustainable sovereign and subnational debt The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "sovereign debt stability act". 3 § 2. The debtor and creditor law is amended by adding a new article 8 4 to read as follows: 5 ARTICLE 8 6 SOVEREIGN AND SUBNATIONAL DEBT 7 Section 220. Legislative intent. 8 221. Definitions. 9 222. Election to be covered by the provisions of this article. 10 223. Petition for relief; recognition. 11 224. Notification of creditors. 12 225. Debt reconciliation. 13 226. Submission, contents and voting on plan. 14 227. Financing the restructuring. 15 228. Priority of repayment. 16 229. Adjudication of disputes. 17 230. Recoverability of section 230 claims. 18 231. Application; opt in. 19 232. Severability. 20 § 220. Legislative intent. The legislature finds that it is a long- 21 standing policy of the United States and the state of New York, as the 22 world's leading financial center, to support orderly, collaborative and 23 effective international sovereign debt relief for countries with unsus- 24 tainable levels of debt. Debt distress, debt crises, and disorderly EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05664-01-5 
 A. 7786 2 1 default are associated with unacceptable human suffering, economic 2 decline, and financial market and payment systems disruption. Moreover, 3 debt restructuring is ineffective and does not lead to sustainable 4 outcomes when it is not perceived as equitable or legitimate by stake- 5 holders in borrowing and lending countries. Additionally, public credi- 6 tors are unlikely to participate in debt restructuring initiatives 7 unless there is fair burden sharing among all public and private credi- 8 tors, which is essential to the legitimacy and effectiveness of debt 9 relief initiatives. Therefore, the legislature finds and declares that 10 it shall be the policy of New York state to support international debt 11 relief initiatives for countries to ensure that the cost of such debt 12 relief is allocated in a fair and equitable manner, and that such costs 13 do not fall disproportionately on the residents and taxpayers of New 14 York state, and for other purposes. The purpose of this article is to 15 provide effective mechanisms for restructuring sovereign and subnational 16 debt so as to: 17 1. reduce the social costs of sovereign and subnational debt crises to 18 residents of New York state; 19 2. reduce systemic risk to the financial system, a system that is 20 concentrated in New York state; 21 3. reduce creditor uncertainty, including to the numerous holders of 22 sovereign debt that are residents in New York state; 23 4. strengthen the role of New York state as a primary location for the 24 issuing and trading of sovereign debt; 25 5. reduce the need for sovereign and subnational debt bailouts, which 26 create moral hazard and are costly to residents of New York state; 27 6. otherwise protect economic activity within New York state's 28 borders, by reducing the likelihood of a sovereign debt default which 29 could adversely impact New York state's economy; 30 7. reduce, out of universal human rights and humanitarian imperatives, 31 the social cost of unresolved sovereign debt crises imposed on the 32 people of nations with unsustainable debt, especially the poorest among 33 them, taking due account of creditor rights; and 34 8. enable debtor states to choose a debt restructuring option that 35 appropriately suits its circumstances and needs. 36 § 221. Definitions. For purposes of this article: 37 1. "creditor" means a person or entity that has a claim against a 38 debtor state; 39 2. "claim" means a payment claim against a debtor state for monies 40 borrowed or for the debtor state's guarantee of, or other contingent 41 obligation on, monies borrowed; the term "monies borrowed" shall include 42 the following, whether or not it represents the borrowing of money: 43 monies owing under bonds; debentures; notes, or similar instruments of 44 original maturity of at least one year; monies owing for the deferred 45 purchase price of property or services, other than trade accounts paya- 46 ble arising in the ordinary course of government operations; monies 47 owing on capitalized lease obligations; monies owing on or with respect 48 to letters of credit, bankers' acceptances, or other extensions of cred- 49 it of original maturity of at least one year; 50 3. "plan" means a debt restructuring plan pursuant to section two 51 hundred twenty-six of this article; 52 4. "debtor state" means a sovereign nation; or unincorporated territo- 53 ry; or any subnational unit thereof, excluding any municipality whose 54 adjustment or debts is governed by 11 U.S.C. 9; 55 5. "independent monitor" means an individual appointed by the gover- 56 nor, in consultation with the United States department of the treasury, 
 A. 7786 3 1 acceptable to the sovereign debtor and to the holders, or their agents, 2 of a majority of the obligations issued under New York law. The inde- 3 pendent monitor is meant to facilitate and encourage an effective, 4 prompt and fair agreement by the parties, as intended by this article. 5 The debtor state shall pay the independent monitor's reasonable costs 6 and expenses; 7 6. "international initiative" means any mechanism, framework or initi- 8 ative in which the United States government and other sovereign states 9 have engaged with international financial institutions and official and 10 commercial creditors to advance the implementation and improvement of 11 prompt and effective debt relief among eligible states, including but 12 not limited to the Heavily Indebted Poor Countries Initiative of the 13 International Monetary Fund and the World Bank, the Debt Service Suspen- 14 sion Initiative of the Group of 20, the Common Framework for Debt Treat- 15 ments beyond the DSSI, also known as the "Common Framework", the Paris 16 Club, and any successor or similar international mechanism, framework or 17 initiatives; 18 7. "eligible claim" shall mean a claim as defined in subdivision two 19 of this section and any judicial or other official domestic or foreign 20 judgment with respect to such a claim against an eligible state partic- 21 ipating in one or more of the international initiatives; 22 8. "eligible state" shall mean a sovereign state eligible to partic- 23 ipate in one or more of the international initiatives; 24 9. "burden-sharing standards" shall mean standards set by the relevant 25 international initiative or international initiatives for equitable 26 burden-sharing among all creditors with material claims on each partic- 27 ipating debtor without regard for their official, private, or hybrid 28 status; 29 10. "section 223 claim" shall mean, as applicable, a claim with 30 respect to which the debtor state has elected for its claims to be 31 covered by section two hundred twenty-three through section two hundred 32 twenty-nine of this article; and 33 11. "section 230 claim" shall mean an eligible claim with respect to 34 which the debtor state issuing such claim has elected to be covered by 35 section two hundred thirty of this article, and not to be covered by 36 section two hundred twenty-three through section two hundred twenty-nine 37 of this article inclusive. 38 § 222. Election to be covered by the provisions of this article. 1. 39 Any debtor state against which there are one or more claims governed by 40 or enforced under New York law shall have the option to apply the 41 provisions of this article to such claims by filing a notice thereof 42 with the state of New York. In such notice, the debtor state shall 43 choose whether those claims shall, to the extent governed by New York 44 law, be covered as section 223 claims or, to the extent enforced under 45 New York law, as section 230 claims. Within thirty days after giving 46 such notice, the debtor state shall notify the holders of such claims 47 and the state of New York of its choice. In the case of a choice to have 48 those claims be covered as a section 223 claim, the debtor state shall 49 also make the certifications specified in subdivision two of section two 50 hundred twenty-three of this article. Any waiver of the provisions of 51 this subdivision shall be ineffective. 52 2. A debtor state that makes a choice under subdivision one of this 53 section shall have the right to change that choice once, at any time 54 prior to a plan becoming effective and binding on the debtor state and 55 its creditors, by notifying the state of New York and the holders of all 56 claims affected by that choice. 
 A. 7786 4 1 § 223. Petition for relief; recognition. 1. The notification under 2 section two hundred twenty-two of this article that claims against a 3 debtor state shall be covered as a section 223 claim shall constitute a 4 voluntary petition for relief with the state of New York. 5 2. Such notice shall certify that the debtor state: 6 (a) seeks relief as a section 223 claim under this article, and has 7 not previously sought relief under this article, or under any other law 8 that is substantially in the form of this article, during the past five 9 years; 10 (b) needs relief as a section 223 claim under this article to restruc- 11 ture claims that, absent such relief, would constitute unsustainable 12 debt of the debtor state; 13 (c) agrees to restructure those claims in accordance with this section 14 through section two hundred twenty-nine of this article; 15 (d) agrees to all other terms, conditions and provisions of this 16 section through section two hundred twenty-nine of this article; 17 (e) has duly enacted any national or subnational law needed to effec- 18 tuate these agreements. If requested by the independent monitor, such 19 petition shall also attach documents and legal opinions evidencing 20 compliance with this subdivision; and 21 (f) is cooperating with the International Monetary Fund to devise an 22 effective, efficient, timely and fair path back to sustainability. 23 3. Immediately after such a petition for relief has been filed, and so 24 long as such filing has not been dismissed by the independent monitor 25 for lack of good faith or the debtor state has not changed its choice 26 under subdivision two of section two hundred twenty-two of this article 27 to have its claims covered by section two hundred thirty of this arti- 28 cle, the terms, conditions, and provisions of this article shall: 29 (a) apply to the debtor-creditor relationship between the debtor state 30 and its creditors to the extent such relationship is governed by the law 31 of this jurisdiction; 32 (b) apply to the debtor-creditor relationship between the debtor state 33 and its creditors to the extent such relationship is governed by the law 34 of another jurisdiction that has enacted law substantially in the form 35 of this article; and 36 (c) be recognized in, and by, all other jurisdictions that have 37 enacted law substantially in the form of this article. 38 § 224. Notification of creditors. 1. Within thirty days after filing 39 its petition for relief, the debtor state shall notify all of its known 40 creditors of its intention to negotiate a plan under section two hundred 41 twenty-three through section two hundred twenty-nine of this article. 42 2. The independent monitor shall prepare and maintain a current list 43 of creditors of the debtor state and verify claims for the purposes of 44 supervising voting under section two hundred twenty-three through 45 section two hundred twenty-nine of this article. 46 § 225. Debt reconciliation. The creditor claims shall be reconciled 47 against debtor records and any discrepancies shall be addressed between 48 the parties. 49 § 226. Submission, contents and voting on plan. 1. The debtor state 50 may submit a plan to its creditors at any time, and may submit alterna- 51 tive plans from time to time. 52 2. No other person or entity may submit a plan on behalf of the debtor 53 state. 54 3. A plan shall: 55 (a) designate classes of claims in accordance with subdivision six of 56 this section; 
 A. 7786 5 1 (b) specify the proposed treatment of each class of claims; 2 (c) provide the same treatment for each claim of a particular class, 3 unless the holder of a claim agrees to a less favorable treatment; 4 (d) disclose any claims not included in the plan's classes of claims; 5 (e) provide adequate means for the plan's implementation including, 6 with respect to any claims, curing or waiving any defaults or changing 7 the maturity dates, principal amount, interest rate, or other terms or 8 canceling or modifying any liens or encumbrances; and 9 (f) certify that, if the plan becomes effective and binding on the 10 debtor state and its creditors under subdivision four of this section, 11 the debtor state's debt will become sustainable. 12 4. A plan shall become effective and binding on the debtor state and 13 its creditors when it has been submitted by the debtor state and agreed 14 to by each class of such creditors' claims designated in the plan under 15 subdivision three of this section. Thereupon, the debtor state shall be 16 discharged from all claims included in those classes of claims, except 17 as provided in the plan. 18 5. A class of claims has agreed to a plan if creditors holding at 19 least two-thirds in amount and more than one-half in number of the 20 claims of such class voting on such plan agree to the plan, without 21 counting claims owned by the debtor state or entities it controls. 22 6. Each class of claims shall consist of claims against the debtor 23 state that are equal in priority, provided that: 24 (a) equal priority claims need not all be included in the same class; 25 (b) claims of governmental or multi-governmental entities holding 26 claims each shall be classed separately; 27 (c) claims that are governed by this article or the law of another 28 jurisdiction that is substantially in the form of this article shall not 29 be classed with other claims; and 30 (d) the fact that a claim arises under, or is supported or evidenced 31 by, a judicial or other official domestic or foreign judgment shall not 32 in and of itself mean that such claim is not equal in priority to other 33 claims. 34 § 227. Financing the restructuring. 1. Subject to subdivision three of 35 this section the debtor state shall have the right to borrow money on 36 such terms and conditions as it deems appropriate. 37 2. The debtor state shall notify all of its known creditors of its 38 intention to borrow under subdivision one of this section, the terms and 39 conditions of the borrowing, and the proposed use of the loan proceeds. 40 Such notice shall also direct those creditors to respond to the inde- 41 pendent monitor within thirty days as to whether they approve or disap- 42 prove of such loan. 43 3. Any such loan shall be approved by creditors holding at least two- 44 thirds in amount of the claims of creditors responding to the independ- 45 ent monitor within that thirty-day period. 46 4. In order for the priority of repayment, and corresponding subordi- 47 nation, under section two hundred twenty-eight of this article to be 48 effective, any such loan shall additionally be approved by creditors 49 holding at least two-thirds in principal amount of the covered claims of 50 the creditors responding to the independent monitor within that thirty- 51 day period. Claims shall be deemed to be covered if they are governed by 52 this article or by the law of another jurisdiction that is substantially 53 in the form of this article. 54 § 228. Priority of repayment. 1. The debtor state shall repay loans 55 approved under section two hundred twenty-seven of this article prior to 56 paying any other claims. 
 A. 7786 6 1 2. The claims of creditors of the debtor state are subordinated to the 2 extent needed to effectuate the priority payment under this section. 3 Such claims are not subordinated for any other purpose. 4 3. The priority of payment, and corresponding subordination, under 5 this section is expressly subject to the approval by creditors under 6 subdivision four of section two hundred twenty-seven of this article. 7 § 229. Adjudication of disputes. The independent monitor may request 8 that a court of competent jurisdiction appoint a referee or a special 9 master to make recommendations to the court regarding the resolution of 10 any disputes arising under a section 223 claim under this article. 11 § 230. Recoverability of section 230 claims. Any section 230 claim 12 incurred prior to the date of an eligible state's application to partic- 13 ipate in one or more international initiatives shall only be recovera- 14 ble: 15 1. to the extent that it comports with burden-sharing standards; 16 2. provided it meets robust disclosure standards, including intercred- 17 itor data sharing and a broad presumption in favor of public disclosure 18 of material terms and conditions of such claims; and 19 3. only up to the proportion of the eligible claim that would have 20 been recoverable by the United States federal government under the 21 applicable international initiative if the United States federal govern- 22 ment had been the creditor holding the eligible claim, and without 23 regard to de minimis clauses. 24 § 231. Application; opt in. 1. Where this article applies, it shall 25 operate both retroactively and prospectively and, without limiting the 26 foregoing, shall with respect to section 223 claims override any 27 contractual provisions that are inconsistent with the provisions of this 28 article. Notwithstanding the foregoing, the provisions of this article 29 shall not operate retroactively as to debtor states that are not sover- 30 eign nations. 31 2. Any creditors of a debtor state whose claims are not otherwise 32 governed by this article may contractually opt in to this article's 33 terms, conditions, and provisions. 34 3. The terms, conditions, and provisions of this article shall apply 35 to the debtor-creditor relationship between the debtor state and credi- 36 tors opting in under subdivision two of this section as if such 37 relationship were governed by the laws of New York state under subdivi- 38 sion three of section two hundred twenty-three of this article. 39 § 232. Severability. If any provision of this article or its applica- 40 tion to any person or circumstance is held invalid, the invalidity 41 shall not affect other provisions or applications of this article which 42 can be given effect without the invalid provision or application, and 43 to this end, the provisions of this article are severable. Without 44 limiting the foregoing, a debtor state's choice to have claims covered 45 as a section 223 claim shall be valid even if its choice to have claims 46 covered as a section 230 claim of this article would be invalid, and 47 vice versa. 48 § 3. This act shall take effect immediately.