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gollygee

(22,336 posts)
Fri Jul 19, 2013, 02:47 PM Jul 2013

Detroit bankruptcy filing unconstitutional, must be withdrawn

http://www.freep.com/article/20130719/NEWS06/307190075/Judge-says-Detroit-bankruptcy-filing-unconstitutional-must-withdrawn

They did it to slash public employee pensions.


LANSING — An Ingham County judge says Thursday's historic Detroit bankruptcy filing violates the Michigan Constitution and state law and must be withdrawn.

Gov. Rick Snyder and Detroit emergency manager Kevyn Orr must take no further actions that threaten to diminish the pension benefits of City of Detroit retirees, Judge Rosemarie Aquilina said today in a spate of orders arising from three separate lawsuits.

“I have some very serious concerns because there was this rush to bankruptcy court that didn’t have to occur and shouldn’t have occurred,” Aquilina said.

“Plaintiffs shouldn’t have been blindsided,” and “this process shouldn’t have been ignored.”
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Detroit bankruptcy filing unconstitutional, must be withdrawn (Original Post) gollygee Jul 2013 OP
They did it to slash public employee pensions. MinM Jul 2013 #1
I can never understand why people think of pensions as hedgehog Jul 2013 #4
Yep... MinM Jul 2013 #6
Ingham judges keep Repubs on edge MinM Jul 2013 #35
Michigan Court of Appeals blocks further action MinM Jul 2013 #36
Michigan appeals court halts Ingham County judge's rulings that Detroit bankruptcy was improper FarCenter Jul 2013 #37
Rhodes overruled the challenge by pension funds Yo_Mama Jul 2013 #40
So what does one do? Indydem Jul 2013 #10
Maybe it's time to spread the pain around a little - like to the auto executives in the 'burbs? hedgehog Jul 2013 #12
How exactly does one do that? Indydem Jul 2013 #13
Real estate taxes there are already extremely high. Dreamer Tatum Jul 2013 #23
I've seen Snyder in action enough to know that someone will get rich off this gollygee Jul 2013 #16
No doubt about it n/t etherealtruth Jul 2013 #27
legalize weed, set up sustainable communities, manufacture necessities... nebenaube Jul 2013 #18
$28,750 Indydem Jul 2013 #20
If I see "legalize weed" one more goddamn time as a money-raiser... Dreamer Tatum Jul 2013 #22
you can solve any problem with indirection... nebenaube Jul 2013 #24
+1 leeroysphitz Jul 2013 #30
kick gollygee Jul 2013 #2
k & r MinM Jul 2013 #21
Detroit was a lost cause before Rick Snyder was old enough to shave daily Sen. Walter Sobchak Jul 2013 #31
It goes to show how little management cares about its workers. Rex Jul 2013 #3
I kind of think the manager did his job very well - we just don't know what djean111 Jul 2013 #8
Ha! Very good point! Rex Jul 2013 #9
Yes, this was all about the pensions. djean111 Jul 2013 #5
Developer pitches $1B commonwealth for Belle Isle MinM Jul 2013 #33
Thanks!!!!! djean111 Jul 2013 #34
Except Federal bankruptcy law overrules state law. former9thward Jul 2013 #7
Please expand your thoughts a bit Brother Buzz Jul 2013 #11
What's to expand? former9thward Jul 2013 #14
Correct Crepuscular Jul 2013 #26
The filing for bankruptcy can't be withdrawn, the Federal court would have to dismiss it. FarCenter Jul 2013 #28
It might well be withdrawn zipplewrath Jul 2013 #38
Detroit: The canary in the coal mine MinM Jul 2013 #15
It's a trial balloon. nt woo me with science Jul 2013 #17
Yep. laundry_queen Jul 2013 #19
Test case... MinM Jul 2013 #39
Kick...we shall see how this works out. But THANKS TO THAT JUDGE! KoKo Jul 2013 #25
@onetoughnerd subverts democracy MinM Jul 2013 #29
kr HiPointDem Jul 2013 #32

hedgehog

(36,286 posts)
4. I can never understand why people think of pensions as
Fri Jul 19, 2013, 02:58 PM
Jul 2013

some kind of special gift when they are actually deferred pay for services rendered. Properly speaking, the pensions should at least be in the same class as any other payments owed to contractors and vendors, if not at the head of that class! Bond holders took a risk, they should be paid next. Bank loans should be paid last!

MinM

(2,650 posts)
6. Yep...
Fri Jul 19, 2013, 03:07 PM
Jul 2013

On edit: I should also add that this legal action originating in an Ingham County Court likely won't stand. The Lansing City Pulse did an excellent piece last year about how the Ingham County Courts have consistently blocked legislation in an attempt to keep the Republican's from running roughshod over the State.

Although given that the higher courts are also controlled by the conservatives .. this ruling will, as in other cases, likely be overturned.

MinM

(2,650 posts)
35. Ingham judges keep Repubs on edge
Sat Jul 20, 2013, 11:11 PM
Jul 2013
The mosquitos buzzing around Gov. Rick Snyder and the GOP-Legislature these days are wearing black robes.

The Ingham County Circuit Court is making its presence known these days by raising legal questions about the laws coming out of the Capitol this session. At least six times in the last seven weeks, the court has temporarily put the breaks on a Snyder-signed law.

Their opinions aren’t sticking at the appellate level, but the Ingham bench — if only for a few days — is raising public questions about what the heck Snyder & Friends are doing...

http://www.lansingcitypulse.com/lansing/article-7225-ingham-judges-keep-repubs-on-edge.html

MinM

(2,650 posts)
36. Michigan Court of Appeals blocks further action
Tue Jul 23, 2013, 04:55 PM
Jul 2013
@MichiganRadio: #Michigan Court of Appeals blocks further action in Detroit bankruptcy case http://bit.ly/1aH6Lv4
 

FarCenter

(19,429 posts)
37. Michigan appeals court halts Ingham County judge's rulings that Detroit bankruptcy was improper
Tue Jul 23, 2013, 04:57 PM
Jul 2013
http://www.freep.com/article/20130723/NEWS06/307230106/detroit-bankruptcy-judge-aqulina

The Michigan Court of Appeals has granted a stay of Ingham County Circuit Court Judge Rosemarie Aquilina’s rulings that Detroit’s bankruptcy filing violated the state’s constitution.

The three-judge panel, consisting of Appeals Judges Michael Kelly, Patrick Meter and Stephen Borrello, ruled Tuesday afternoon that the order in three cases involving Detroit’s pension systems and the temporary restraining order against moving forward with the bankruptcy was halted pending the resolution of the case.

The panel’s ruling also prohibits Aquilina from having any further proceedings on the matter pending the resolution of the appeal.


Yo_Mama

(8,303 posts)
40. Rhodes overruled the challenge by pension funds
Wed Jul 24, 2013, 03:24 PM
Jul 2013
http://www.bloomberg.com/news/2013-07-24/detroit-bankruptcy-filing-is-valid-for-now-federal-judge-rules.html
Detroit can enjoy the protections of bankruptcy, including immunity from lawsuits related to the case, a federal judge ruled, extending that shield to Michigan Governor Rick Snyder.

U.S. Bankruptcy Judge Steven Rhodes in Detroit today overruled challenges from public employee groups and pension funds who claimed the state had overreached in seeking court protection from creditors. The eligibility of the city to remain under bankruptcy protection will be determined in federal court in the coming months, not state court, Rhodes said.
 

Indydem

(2,642 posts)
10. So what does one do?
Fri Jul 19, 2013, 03:15 PM
Jul 2013

There are approximately 9 BILLION in unfunded pension liabilities on Detroit's books. There is absolutely no way that Detroit can ever hope to pay those pensions with their future tax revenues, their assets, or by borrowing.

How do those debts get paid if they only bankrupt the other 11 billion in debt?

 

Indydem

(2,642 posts)
13. How exactly does one do that?
Fri Jul 19, 2013, 03:24 PM
Jul 2013

The tax base of Detroit doesn't extend to the homes and businesses in other cities and towns.

Would you just let Detroit tax everything within greater southeast Michigan?

Dreamer Tatum

(10,926 posts)
23. Real estate taxes there are already extremely high.
Fri Jul 19, 2013, 05:51 PM
Jul 2013

In any case, how are you going to get BILLIONS in new tax revenues?

Jesus.

gollygee

(22,336 posts)
16. I've seen Snyder in action enough to know that someone will get rich off this
Fri Jul 19, 2013, 03:31 PM
Jul 2013

I want to see no one get rich off a scheme where people lose their pensions.

 

nebenaube

(3,496 posts)
18. legalize weed, set up sustainable communities, manufacture necessities...
Fri Jul 19, 2013, 03:41 PM
Jul 2013

Basically pull their heads out of their *.

 

Indydem

(2,642 posts)
20. $28,750
Fri Jul 19, 2013, 03:45 PM
Jul 2013

That is how much each resident of Detroit would have to pay to satisfy the current debt.

Weed and "sustainable communities" are going to make that equation balance?

Dreamer Tatum

(10,926 posts)
22. If I see "legalize weed" one more goddamn time as a money-raiser...
Fri Jul 19, 2013, 05:07 PM
Jul 2013

...I'm going to scream.

In Colorado, they made it legal, and now people are howling over it being taxed at anything > 0.

 

nebenaube

(3,496 posts)
24. you can solve any problem with indirection...
Fri Jul 19, 2013, 08:02 PM
Jul 2013

weed is just one way to get a group of people who spend their money... throw week long concerts, sell beer!

gollygee

(22,336 posts)
2. kick
Fri Jul 19, 2013, 02:54 PM
Jul 2013

I see a thread about "what went wrong in Detroit" but a lot of people don't seem to understand this was a shock doctrine thing by Snyder.

 

Sen. Walter Sobchak

(8,692 posts)
31. Detroit was a lost cause before Rick Snyder was old enough to shave daily
Fri Jul 19, 2013, 10:55 PM
Jul 2013

Previous Governors failing to act on this failed ungovernable city was not somehow virtuous.

 

Rex

(65,616 posts)
3. It goes to show how little management cares about its workers.
Fri Jul 19, 2013, 02:56 PM
Jul 2013

Fire the manager and get someone competent enough to handle the job imo.

 

djean111

(14,255 posts)
8. I kind of think the manager did his job very well - we just don't know what
Fri Jul 19, 2013, 03:12 PM
Jul 2013

his objectives were.

 

djean111

(14,255 posts)
5. Yes, this was all about the pensions.
Fri Jul 19, 2013, 03:06 PM
Jul 2013

With a little privatizing on the side.
Snyder wants to Romney-ize Detroit.
And doesn't some rich group want to buy Belle Isle and turn it into Belle Isle Commonwealth?
Truly a feast for the vulture capitalists.

MinM

(2,650 posts)
33. Developer pitches $1B commonwealth for Belle Isle
Sat Jul 20, 2013, 12:11 PM
Jul 2013

This futuristic rendering of Belle Isle is one where it is a commonwealth separate from the U.S. with a unique governing tax system. (Artist's rendering)

Detroit — As the broken city thinks big and radically about its future, a developer is stepping forward with a revolutionary idea: Sell the city's Belle Isle park for $1 billion to private investors who will transform it into a free-market utopia.

The 982-acre island would then be developed into a U.S. commonwealth or city-state of 35,000 people with its own laws, customs and currency.

City officials are likely to reject the plan. But on Jan. 21, supporters including Mackinac Center for Public Policy senior economist David Littmann, retired Chrysler President Hal Sperlich and Clark Durant, co-founder of Detroit's Cornerstone Schools, will present the Commonwealth of Belle Isle plan to a select group of movers and shakers at the tony Detroit Athletic Club...

The former chairman of the Michigan Chamber of Commerce and current board member of the free-market-oriented Mackinac Center for Public Policy has written a self-published book about the plan called "Belle Isle: Detroit's Game Changer." A website called commonwealthofbelleisle.com debuts on Jan. 22...

From The Detroit News: http://www.detroitnews.com/article/20130112/BIZ/301120319

 

djean111

(14,255 posts)
34. Thanks!!!!!
Sat Jul 20, 2013, 12:28 PM
Jul 2013

I would imagine the developer believes he has a much better chance, now.
How convenient.

former9thward

(32,077 posts)
14. What's to expand?
Fri Jul 19, 2013, 03:25 PM
Jul 2013

This action was filed under Chapter 9 of the federal bankruptcy code. Federal law preempts state laws or constitutions if there is a conflict. There is a conflict here so the state loses. It is also why the judge made the totally political move of having her order sent to President Obama. She knows legally it has no meaning.

Crepuscular

(1,057 posts)
26. Correct
Fri Jul 19, 2013, 08:07 PM
Jul 2013

over and above that, the Judges ruling was based on something that had not yet occurred. Her premise was that the bankruptcy could not proceed, the pension obligations MIGHT be impacted, which would be in breach of the Michigan constitution. The problem with that logic is that you can't issue a court order based on something that may or may not happen, that's not the role of the Judicial system. My guess is that her ruling will be swiftly overturned at the appellate level.

 

FarCenter

(19,429 posts)
28. The filing for bankruptcy can't be withdrawn, the Federal court would have to dismiss it.
Fri Jul 19, 2013, 08:18 PM
Jul 2013
Kenneth Klee, the bankruptcy lawyer who spearheaded the bankruptcy restructuring of Jefferson County, Alabama, said a state judge can’t force Detroit out of federal bankruptcy, even if Snyder agrees to try to withdraw the petition.

Once Detroit city filed the bankruptcy petition, it came under federal jurisdiction and the case cannot be withdrawn, even by Snyder, said Klee, of Klee Tuchin Bogdanoff & Stern LLP in Los Angeles. A federal judge would have to agree to dismiss the case, according to Klee.

‘Full Confidence’

“We have full confidence in the legality and constitutionality of the governor’s and emergency manager’s actions,” Sara Wurfel, Snyder’s press secretary, said in an e-mailed statement. “We are seeking a quick appeal for finality and to ensure efforts can be put into finding a fair resolution for all concerned in a single forum and truly get Detroit on the path to becoming a great city again.”

“If the governor changes his mind, it doesn’t matter,” he said. “Not only can’t she do that, but her order may be in contempt of a federal court, and a federal judge can put her in jail.”


http://www.bloomberg.com/news/2013-07-19/michigan-judge-says-detroit-bankruptcy-should-be-withdraw.html

The ball is in Judge Batchelder's court - http://en.wikipedia.org/wiki/Alice_M._Batchelder

zipplewrath

(16,646 posts)
38. It might well be withdrawn
Tue Jul 23, 2013, 05:13 PM
Jul 2013

If the Michigan constitution didn't give the authority to the state to file this with the federal court, the court could decide that the petition was improperly filed. Alternately, the federal court could recognize the state limitation on pensions and impose that at the federal level, on the basis that the petitioner could only legally file (and therefor have standing) if the pensions were protected.

Unfortunately I don't expect the federal court to do that.

MinM

(2,650 posts)
15. Detroit: The canary in the coal mine
Fri Jul 19, 2013, 03:27 PM
Jul 2013

Marcy Wheeler @emptywheel may have put it best...

@emptywheel: Detroit: The canary in the coal mine of the American way of life.

laundry_queen

(8,646 posts)
19. Yep.
Fri Jul 19, 2013, 03:41 PM
Jul 2013

There's an asshole rightwinger that's on CBC (Canadian TV) talking about business news all the time. He was having a great old time yesterday proclaiming this is what unions do to cities and that this means there's going to be a surge of this all over the US and Canada and he cackled with glee that the Unions are DONE because of this. I think he let their plan slip.

MinM

(2,650 posts)
39. Test case...
Wed Jul 24, 2013, 03:19 PM
Jul 2013

NPR News just mentioned other cities watching this as a test case.

Test case .. trial balloon .. canary in the coal mine .. they all apply.

MinM

(2,650 posts)
29. @onetoughnerd subverts democracy
Fri Jul 19, 2013, 10:16 PM
Jul 2013
Rick Snyder @onetoughnerd: See Michigan from space! RT @AstroKarenN Michigan, Lake Huron coast. July 11. pic.twitter.com/sbHGdw33Cj

@theMadLiberal: @onetoughnerd [font color="red"]Wow, even from that view you can tell that Emergency Managers subvert democracy[/font].

http://www.democraticunderground.com/101668955
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