AFRICANGLOBE – The city of Detroit officially became the largest municipality in U.S. history Tuesday to enter Chapter 9 bankruptcy after a judge 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,” U.S. Bankruptcy Judge Steven 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.”
In a surprise decision Tuesday morning — Rhodes also said he’ll allow pension cuts in Detroit’s bankruptcy. He 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, 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 he will not issue a stay on the bankruptcy, meaning the case will proceed.
Still, Rhodes also scolded the city for rushing through negotiations with its creditors, noting they only had 30 days to offer a counter. 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.
Despite that, Rhodes said moments later that negotiating in good faith was impractical.
The city will now proceed with its plan to introduce a proposal to restructure its debt and reshape government operations. Lawyers for Jones Day, the law firm that represents the city in bankruptcy court, expect to file the first version of the so-called “plan of adjustment” by the end of the year.
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.
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 American Federation of State, County and Municipal Employees; the United Auto Workers; 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 Detroit emergency manager Kevyn 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 Michigan Gov. Rick Snyder to enter Chapter 9.
Creditors are expected to appeal the ruling, although experts say that appeals courts are hesitant to overturn bankruptcy rulings based on the facts.
Sharon Levine, a lawyer for Michigan Council 25 of AFSCME, the city’s largest employee union, recently called the process a “terrifying use of Chapter 9” during the trial.
4 main rulings on eligibility
Here’s how U.S. Bankruptcy Judge Steven Rhodes ruled Tuesday on each criteria of the eligibility question as required under Chapter 9 of U.S. bankruptcy code.
|Did the city obtain the state’s approval to file for bankruptcy?||Rhodes ruled the Michigan Gov. Rick Snyder legally gave the city the OK to file for bankruptcy in July.|
|Is the city insolvent?||“The court finds that the city was generally not paying its debts as they became due. … The court finds that the city of Detroit was and is insolvent.”|
|Did the city negotiate in good faith?||Allowing only a month to negotiate was not enough, Rhodes said. “This calendar was very tight and did not request counter proposals,” he said. “The creditors cannot be faulted for failing to offer counter proposals when they did not have enough information to evaluate the city’s initial vague proposal.” He ruled that the city did not negotiate in good faith but filed the petition for bankruptcy in good faith.|
|Was it impractical to negotiate in good faith?||Rhodes found that negotiating in good faith was “impracticable.” And “accordingly, the court finds that pre-filing negotiations were impracticable.”|
By: Nathan Bomey, Brent Snavely and Alisa Priddle
We’re All Detroiters Now 2013 Addendum Part 1