Post by onthejob on Dec 3, 2013 16:16:18 GMT -5
The city of Detroit today officially became the largest municipality in U.S. history to enter Chapter 9 bankruptcy after U.S. Bankruptcy Judge Steven Rhodes declared it met the specific legal criteria required to receive protection from its creditors.
The landmark ruling ends more than four months of uncertainty over the fate of the case and sets the stage for a fierce clash over how to slash an estimated $18 billion in debt and long-term liabilities that have hampered Detroit from attacking pervasive blight and violent crime.
“It is indeed a momentous day,” Rhodes said at the end of a 90-minute summary of his ruling. “We have here a judicial finding that this once proud city cannot pay its debts. At the same time, it has an opportunity for a fresh start. I hope that everybody associated with the city will recognize that opportunity.”
Rhodes — in a surprise decision this morning — also said he’ll allow pension cuts in Detroit's bankruptcy. Rhodes emphasized that he won’t necessarily agree to pension cuts in the city’s final reorganization plan unless the entire plan is fair and equitable.
“Resolving this issue now will likely expedite the resolution of this bankruptcy case,” he said.
Rhodes’ verbal ruling this morning — which will be followed by a 140-page written opinion — gave Detroit the green light to enter Chapter 9 bankruptcy.
“The court finds that Detroit was and is insolvent,” he said. “The court finds that the city was generally not paying its debts as they became due.”
Rhodes said bankruptcy was a “foregone conclusion for a very long time. Cities often wait longer to file for bankruptcy than they should have, and the city of Detroit was no exception.”
Rhodes said he will not issue a stay on the bankruptcy, meaning the case will proceed.
And even though an appeal has already been filed — and more will come in the days ahead — the bankruptcy code provides for Chapter 9 to continue while appeals are pending that challenge, said Clark Hill lawyer Robert Gordon, who represents the city’s pension funds and will be filing an appeal.
University of Michigan bankruptcy law professor John Pottow said Rhodes was clearly urging the city to reach a consensual resolution with its creditors.
“Bottom line: he’s pushing negotiation,” Pottow said in an email.
Still, Rhodes also scolded the city for rushing through negotiations with its creditors, noting they only had 30 days to offer a counter-proposal. Saying that amount of time is “simply far too short,” Rhodes ruled the city did not satisfy good-faith requirements to try to negotiate with creditors outside of bankruptcy court.
Attorneys for unions and retirees who fought to convince the judge to reject Detroit’s eligibility for bankruptcy found a silver lining in Rhodes’ criticism of the city’s negotiation efforts.
“The city has to step up now and negotiate more reasonable and more fairly,” said Lynn Brimer, an attorney for the Detroit Retired Police Members Association.
Despite the criticism of Detroit’s negotiations, Rhodes said moments later that negotiating in good faith was “impracticable” for the city because its financial crisis was growing worse, and creditors filed several lawsuits that could have derailed a bankruptcy filing.
The city will now proceed with its plan to introduce a proposal to restructure its debt and reshape government operations.
Rhodes asked lawyers for Jones Day, the law firm that represents the city, if the first draft of the “plan of adjustment” would be filed by the end of the year. Attorney David Heiman responded that “we’re not quite certain,” adding it would be far in advance of the judge’s March deadline.
Detroit Emergency Manager Kevyn Orr said his team plans to submit the plan of adjustment “in the coming weeks,” file a disclosure statement early next year and work to exit Chapter 9 protection by the end of September.
“Time is of the essence, and we will continue to move forward as quickly and efficiently as possible,” Orr said in a statement. “We hope all parties will work together to help us develop a realistic restructuring plan that improves the financial condition of Detroit and the lives of its 700,000 citizens.”
The plan is expected to include controversial cuts to unsecured creditors and asset sales, including a potential spinoff of the water and sewer department and the possible sale of Detroit Institute of Arts property.
Rhodes said one-time infusions of cash will not provide for a sustainable financial future, but he did not rule out the possibility of approving the sale of assets.
In a press conference after the ruling, Orr message’s to pensioners was: “We're trying to be very thoughtful, measured and humane,” but cuts are necessary.
Gordon, the lead attorney for the city’s two pension funds, said he believes the judge cares about residents and the plight of pensioners.
“I hope it plays out when a plan is proposed,” he said of expected pension cuts. While the judge cautioned the city he would scrutinize proposed cuts in the restoration plan, Gordon lawyer did not interpret it as a warning to the city to protect the funds.
Clark Hill is teaming with Arnold and Porter to file an appeal within days. “Clarity is important,” Gordon said.
Other lawyers representing retirees expressed disappointment that individuals were being lumped in with bondholders and financial institutions.
Retiree associations are “taken aback that they are being treated the same as bondholders,” said their lawyer Ryan Plecha, who also plans to appeal. He said the ruling sends a troubling message to employees who were made promises as part of their municipal employment.
AFSCME lawyer Sharon Levine said bankruptcy is a powerful and flexible tool. “You can treat creditors differently.”
The ruling comes after an exhaustive nine-day bankruptcy eligibility trial that concluded Nov. 8. During that trial, Rhodes gave unions and retiree groups an opportunity make their argument that the city’s bankruptcy case should be rejected.
Major creditors objecting to the bankruptcy included AFSCME, the UAW, Detroit’s two pension funds, the city’s public safety unions, retiree associations and a committee created to officially represent retirees during the bankruptcy.
Unions and retirees argued that Orr conducted no substantive negotiations with creditors and argued the city fell short of its duty to conduct “good faith” negotiations before filing for bankruptcy. No financial creditors objected to the filing.
By July 18, the day Detroit filed for bankruptcy, the city was being bombarded by lawsuits, facing dwindling cash flow and failing to deliver vital services — adding credence to Jones Day bankruptcy attorney Bruce Bennett’s argument that reaching a deal with more than 100,000 creditors would have taken too long.
“It was clear to Judge Rhodes that negotiations were not going to go anywhere,” Laura Beth Bartell, a Wayne State University law professor, said in a recent interview.
Rhodes ruled the city is legally insolvent and obtained the necessary legal authorization from Gov. Rick Snyder to enter Chapter 9.
Michigan Council 25 of AFSCME filed a notice of appeal immediately after Rhodes ruled.
“We are going to do everything we can,” to protect pension benefits, Levine said.
Brimer said the fight isn’t over. “Perhaps it’s fair to say the fight has just begun.”
Mayor Dave Bing sounded an optimistic note after the ruling, saying it will be beneficial in the long run.
“There's going to be a lot of pain for a lot of different people,” he said. “But in the long run, the future will be bright.”
Staff reporter Joe Guillen contributed to this story. Contact Nathan Bomey: 313-223-4743 or nbomey@freepress.com. Follow him on Twitter @nathanbomey.
Why aren't the politicians held liable for the Bankrupcy?? This country is on the brink of a revolution. It's getting uglier everyday. Contracts are deemed null and void by activist judges.
The landmark ruling ends more than four months of uncertainty over the fate of the case and sets the stage for a fierce clash over how to slash an estimated $18 billion in debt and long-term liabilities that have hampered Detroit from attacking pervasive blight and violent crime.
“It is indeed a momentous day,” Rhodes said at the end of a 90-minute summary of his ruling. “We have here a judicial finding that this once proud city cannot pay its debts. At the same time, it has an opportunity for a fresh start. I hope that everybody associated with the city will recognize that opportunity.”
Rhodes — in a surprise decision this morning — also said he’ll allow pension cuts in Detroit's bankruptcy. Rhodes emphasized that he won’t necessarily agree to pension cuts in the city’s final reorganization plan unless the entire plan is fair and equitable.
“Resolving this issue now will likely expedite the resolution of this bankruptcy case,” he said.
Rhodes’ verbal ruling this morning — which will be followed by a 140-page written opinion — gave Detroit the green light to enter Chapter 9 bankruptcy.
“The court finds that Detroit was and is insolvent,” he said. “The court finds that the city was generally not paying its debts as they became due.”
Rhodes said bankruptcy was a “foregone conclusion for a very long time. Cities often wait longer to file for bankruptcy than they should have, and the city of Detroit was no exception.”
Rhodes said he will not issue a stay on the bankruptcy, meaning the case will proceed.
And even though an appeal has already been filed — and more will come in the days ahead — the bankruptcy code provides for Chapter 9 to continue while appeals are pending that challenge, said Clark Hill lawyer Robert Gordon, who represents the city’s pension funds and will be filing an appeal.
University of Michigan bankruptcy law professor John Pottow said Rhodes was clearly urging the city to reach a consensual resolution with its creditors.
“Bottom line: he’s pushing negotiation,” Pottow said in an email.
Still, Rhodes also scolded the city for rushing through negotiations with its creditors, noting they only had 30 days to offer a counter-proposal. Saying that amount of time is “simply far too short,” Rhodes ruled the city did not satisfy good-faith requirements to try to negotiate with creditors outside of bankruptcy court.
Attorneys for unions and retirees who fought to convince the judge to reject Detroit’s eligibility for bankruptcy found a silver lining in Rhodes’ criticism of the city’s negotiation efforts.
“The city has to step up now and negotiate more reasonable and more fairly,” said Lynn Brimer, an attorney for the Detroit Retired Police Members Association.
Despite the criticism of Detroit’s negotiations, Rhodes said moments later that negotiating in good faith was “impracticable” for the city because its financial crisis was growing worse, and creditors filed several lawsuits that could have derailed a bankruptcy filing.
The city will now proceed with its plan to introduce a proposal to restructure its debt and reshape government operations.
Rhodes asked lawyers for Jones Day, the law firm that represents the city, if the first draft of the “plan of adjustment” would be filed by the end of the year. Attorney David Heiman responded that “we’re not quite certain,” adding it would be far in advance of the judge’s March deadline.
Detroit Emergency Manager Kevyn Orr said his team plans to submit the plan of adjustment “in the coming weeks,” file a disclosure statement early next year and work to exit Chapter 9 protection by the end of September.
“Time is of the essence, and we will continue to move forward as quickly and efficiently as possible,” Orr said in a statement. “We hope all parties will work together to help us develop a realistic restructuring plan that improves the financial condition of Detroit and the lives of its 700,000 citizens.”
The plan is expected to include controversial cuts to unsecured creditors and asset sales, including a potential spinoff of the water and sewer department and the possible sale of Detroit Institute of Arts property.
Rhodes said one-time infusions of cash will not provide for a sustainable financial future, but he did not rule out the possibility of approving the sale of assets.
In a press conference after the ruling, Orr message’s to pensioners was: “We're trying to be very thoughtful, measured and humane,” but cuts are necessary.
Gordon, the lead attorney for the city’s two pension funds, said he believes the judge cares about residents and the plight of pensioners.
“I hope it plays out when a plan is proposed,” he said of expected pension cuts. While the judge cautioned the city he would scrutinize proposed cuts in the restoration plan, Gordon lawyer did not interpret it as a warning to the city to protect the funds.
Clark Hill is teaming with Arnold and Porter to file an appeal within days. “Clarity is important,” Gordon said.
Other lawyers representing retirees expressed disappointment that individuals were being lumped in with bondholders and financial institutions.
Retiree associations are “taken aback that they are being treated the same as bondholders,” said their lawyer Ryan Plecha, who also plans to appeal. He said the ruling sends a troubling message to employees who were made promises as part of their municipal employment.
AFSCME lawyer Sharon Levine said bankruptcy is a powerful and flexible tool. “You can treat creditors differently.”
The ruling comes after an exhaustive nine-day bankruptcy eligibility trial that concluded Nov. 8. During that trial, Rhodes gave unions and retiree groups an opportunity make their argument that the city’s bankruptcy case should be rejected.
Major creditors objecting to the bankruptcy included AFSCME, the UAW, Detroit’s two pension funds, the city’s public safety unions, retiree associations and a committee created to officially represent retirees during the bankruptcy.
Unions and retirees argued that Orr conducted no substantive negotiations with creditors and argued the city fell short of its duty to conduct “good faith” negotiations before filing for bankruptcy. No financial creditors objected to the filing.
By July 18, the day Detroit filed for bankruptcy, the city was being bombarded by lawsuits, facing dwindling cash flow and failing to deliver vital services — adding credence to Jones Day bankruptcy attorney Bruce Bennett’s argument that reaching a deal with more than 100,000 creditors would have taken too long.
“It was clear to Judge Rhodes that negotiations were not going to go anywhere,” Laura Beth Bartell, a Wayne State University law professor, said in a recent interview.
Rhodes ruled the city is legally insolvent and obtained the necessary legal authorization from Gov. Rick Snyder to enter Chapter 9.
Michigan Council 25 of AFSCME filed a notice of appeal immediately after Rhodes ruled.
“We are going to do everything we can,” to protect pension benefits, Levine said.
Brimer said the fight isn’t over. “Perhaps it’s fair to say the fight has just begun.”
Mayor Dave Bing sounded an optimistic note after the ruling, saying it will be beneficial in the long run.
“There's going to be a lot of pain for a lot of different people,” he said. “But in the long run, the future will be bright.”
Staff reporter Joe Guillen contributed to this story. Contact Nathan Bomey: 313-223-4743 or nbomey@freepress.com. Follow him on Twitter @nathanbomey.
Why aren't the politicians held liable for the Bankrupcy?? This country is on the brink of a revolution. It's getting uglier everyday. Contracts are deemed null and void by activist judges.
