Detroit bankruptcy

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The city of Detroit, Michigan filed for Chapter 9 bankruptcy on July 18, 2013. It is the largest municipal bankruptcy filing in U.S. history by debt, estimated at $18–20 billion, exceeding Jefferson County, Alabama's $4 billion filing in 2011.[1] Detroit is also the largest city by population in the U.S. history to file for Chapter 9 bankruptcy, more than twice as large as Stockton, California, which filed in 2012. Detroit’s population has declined from a peak of 1.8 million in 1950; recently, the New York Times called the city “home to 700,000 people, as well as to tens of thousands of abandoned buildings, vacant lots and unlit streets.”[1]

Detroit’s bankruptcy filing followed a declaration of financial emergency in March 2013 that resulted in Kevyn Orr being appointed as "emergency manager" of the city by Michigan Governor Rick Snyder. Orr’s subsequent negotiations sought to get creditors to willingly “take a haircut” on Detroit’s debt, and were ultimately unsuccessful.[2][3]

On July 19, 2013, Judge Rosemarie Aquilina of the Thirtieth Judicial Circuit Court of Michigan ruled the bankruptcy filing by Detroit violated Article IX, Section 24, of the Michigan Constitution and ordered Governor Rick Snyder to withdraw the filing immediately.[4] On July 23, an appeals court stayed the circuit court ruling pending future rulings on Michigan Attorney General Bill Schuette's appeal.[5][6] On July 24, the Bankruptcy Court added its own, federal stay of the state court proceedings.[7] On August 2, the bankruptcy court set a hearing date of October 23, 2013, for trial on any objections to the city's eligibility for Chapter 9 bankruptcy, and March 1, 2014, as the deadline for the city to file a bankruptcy plan.[8] After a nine day trial on eligibility, the Bankruptcy Court on December 3, 2013, ruled Detroit eligible for Chapter 9 on its $18.5 billion debt.[9] On June 3, 2014 the Michigan Legislature passed a package of bills to help Detroit avoid further bankruptcy proceedings.[10] On the same day, Governor Snyder pledged to sign the package of bills.[10]

After a two-month trial, Judge Steven W. Rhodes confirmed the city's plan of adjustment on November 7, 2014, paving the way for Detroit to exit bankruptcy.[11] On December 11, 2014, Detroit became the largest US city to date to successfully exit Chapter 9 bankruptcy.[12]

Background[edit]

Michigan Governor Rick Snyder (R)
Detroit Mayor Dave Bing (D)

In April 2012, Detroit Mayor Dave Bing and the nine-member City Council entered into an agreement with Michigan Governor Rick Snyder that allowed for greater fiscal oversight by the state government in exchange for the state’s providing Detroit help with its finances.[13] A financial review team was appointed in December 2012 to conduct a 60-day review. The team consisted of Andy Dillon (Treasurer of Michigan), Thomas McTavish (Michigan Chief Financial Officer and Auditor General), Ken Whippel (Korn/Ferry), Darrell Burks (PricewaterhouseCoopers), Ronald Goldsberry (Deloitte Consulting) and Frederick Headen.[14] In February 2013, Snyder announced that the Michigan state government was taking financial control of the city of Detroit, as it viewed that Detroit failed to meet deadlines set by the state government.[13] In accordance with Public Act 72 of 1990, the state government's Local Emergency Financial Assistance Loan Board appointed Kevyn Orr emergency financial manager of Detroit following a declaration of financial emergency.[2] As emergency manager, Orr was granted the power to rewrite Detroit's contracts and to liquidate city assets.[15]

A report on the black financial health of Detroit was released by Orr in May 2013.[16][17] The report stated that Detroit is “clearly insolvent on a cash flow basis” and that the city would finish its current fiscal year with a US$162 million cash-flow shortfall.[18] It also stated that the city’s budget deficit would reach $386 million in less than two months and that one-third of the city’s budget was going toward retiree benefits.[16]

In June 2013, the government of Detroit stopped making payments on some of its unsecured debts, including pension obligations.[3] In an effort to avoid bankruptcy, Orr sought to persuade some of Detroit’s creditors to accept 10% of the amount they are owed.[3] White House Press Secretary Jay Carney said, during a press conference in July, that he knew of no plans by President Obama to bail out the Detroit city government similar to the bailouts in recent years of Detroit-area automakers General Motors and Chrysler.[3] On July 17, just one day before the bankruptcy filing, Detroit’s two largest municipal pension funds filed suit in state court to prevent Orr from cutting retiree benefits as part of his efforts to cut the city’s budget deficit.[19][20]

Since 1937, there have been over 600 other Chapter 9 bankruptcies in the United States of cities, towns, villages, counties, and special-purpose districts.[21] The largest previous Chapter 9 bankruptcy happened in Jefferson County, Alabama, in 2011.[22]

Bankruptcy filing[edit]

After several months of negotiations, Orr was ultimately unable to come to a deal with Detroit’s creditors, unions, and pension boards[23] and therefore filed for Chapter 9 bankruptcy protection in the Eastern District of Michigan U.S. Bankruptcy Court on July 18, 2013.[15][24] Snyder approved the filing by Orr in a letter attached to the court documents.[20] Some of the named causes for the bankruptcy are the shrinking tax base caused by declining population, program costs for retiree health care and pension, borrowing to cover budget deficits (since 2008),[25] poor record keeping and antiquated computer systems,[1] that 47% of owners had not paid their 2011 property taxes,[26] and government corruption.[27] Two city workers pension plans had for nearly 25 years been paying out “13th month” checks.[28]

Downtown Detroit as viewed from Belle Isle Park

Bankruptcies of cities, towns, villages and counties since the Great Depression are rare (about 60 since 1950, i.e. around 1 per year; special district bankruptcies have been more numerous[29]), and how Detroit will be affected is unclear.[1] Detroit’s estimated long-term debt was more than $14 billion and could be between $18 and $20 billion,[23] far exceeding the $4 billion in debt of Jefferson County, Alabama, that had been the largest American municipal bankruptcy filing to date.[1] It is also the largest city by population in U.S. history to file for bankruptcy, with more than double the population of Stockton, California, which filed for bankruptcy in 2012.[1] State officials said that city services will not be affected immediately by the bankruptcy filing.[1] Municipal workers with pensions are not insured by the federal Pension Benefit Guaranty Corporation, since they work for a municipality and not a business, and some also had received pensions in lieu of Social Security benefits.[30]

According to a Detroit area bankruptcy attorney, legal costs for the bankruptcy proceedings could cost Detroit "tens-of-millions to hundreds-of-millions of dollars."[31] Orr hopes that Detroit can emerge from bankruptcy by late Summer or Fall in 2014; he says that the process is moving as “expeditiously as possible”.[32] The City of Detroit is represented by lawyers from Jones Day and Miller Canfield,[33] financial advisers from Ernst & Young and restructuring consultants from Conway MacKenzie.[34] The Federal Guaranty Insurance Company hired Weil Gotshal & Manges to represent their interest during the bankruptcy.[34] The Ambac Financial Group hired David Dubrow, a lawyer at Arent Fox, to represent their interests during the bankruptcy.[34] Syncora hired Kirkland & Ellis; Assured Guaranty hired Winston & Strawn; and the National Public Finance Guarantee Corporation hired Sidley Austin.[34] The Detroit Institute of Arts is represented by Richard Levin, a partner at Cravath Swaine & Moore.[34] "Other large law firms, such as Brown Rudnick, Orrick Herrington & Sutcliffe, and DLA Piper, are involved in the case or looking for ways" to get involved in the bankruptcy case.[34]

Orr has considered the sale of valuable city assets, but other arrangements or regulations make it difficult to sell some of them.[15][23] For instance, valuable works at the Detroit Institute of Arts cannot be sold due to private and city agreements, as well as state law; other city assets that could be sold include the Coleman A. Young International Airport[34] and the Belle Isle Park (see picture above).[15] Mayor of Windsor, Ontario, Eddie Francis has said that his city would consider purchasing Detroit's half of the international Detroit–Windsor Tunnel if it is offered for sale.[35]

Reaction[edit]

Yields on bonds issued by the city of Detroit increased on July 18 to record highs, as investors considered the potential effects of the bankruptcy filing. Rates had already escalated when yields jumped from 8.39% in mid-May to 16% in mid-June of 2013.[31] The credit rating agency Moody’s said that the bankruptcy filing was credit negative for Detroit and that it created an “unprecedented litigation scenario,” which could impact services city residents receive, as well as how much bondholders would recover from Detroit.[36]

Business and labor leaders reacted to the filing. Detroit union leaders called Orr’s move to declare bankruptcy premature due to ongoing financial negotiations with creditors, unions, and pension boards,[23] but also stated that employees will continue to work in a typical fashion.[37] The only major U.S. automaker headquartered in Detroit itself, General Motors, said it “is proud to call Detroit home and ... (this is) a day that we and others hoped would not come. We believe, however, that today also can mark a clean start for the city.”[31]

Politicians have commented on the bankruptcy. Bing said that the people of Detroit “have to make the best of it”.[23] Snyder stated that “I know many will see this as a low point in the city’s history,” “If so, I think it will also be the foundation of the city’s future—a statement I cannot make in confidence absent giving the city a chance for a fresh start, without burdens of debt it cannot hope to fully pay.”[15] President Barack Obama said that he is following the developments and that he is "committed to continuing our strong partnership" with Detroit.[15] Kentucky Senator Rand Paul stated that he will not allow the government to bail out the city, saying "He is bailing them out over my dead body, because we don’t have any money in Washington."[38][39] Snyder also stated that he did not support a government bail out. "It's not just about putting more money in a situation," he said. "It's about better services to citizens again. It's about accountable government."[40]

Detroit's debts included $369 million in unlimited general obligation bonds, bonds issued with the general backing of taxpayers, described by Florida bond finance director Ben Watkins as "[having] been the gold standard of the municipal-bond market". The offer by Kevyn Orr to settle these for less than 20% face value, and doubts regarding the willingness of Michigan to assume the debts, was predicted to drive up borrowing costs of nearby municipalities.[41] This effect has been seen in regard to localities in Michigan. Three have so far had to postpone new bond offerings or face higher interest rates.[42] However, this concern has not materialized on a wider scale, as investors have actually treated municipal general obligation bonds as safer than before the filing. Recent history from California "has shown that the fallout from a bankruptcy can dissipate quickly" in the bond market. Contributing to this is the fact that Moody's has fewer than 40 of the 7,500 local governments that it rates listed as below investment grade.[43]

Soon after Detroit declared bankruptcy, it was reported that the city would continue with plans for a bond issue to fund a new $444 million arena for the Detroit Red Wings. Repayment of the bonds would be split between taxpayers and developers of the arena. Both Snyder and Orr acknowledged concerns raised about the expense, but stated that continuing the project makes good economic sense even with the context of Detroit's bankruptcy. With the arena, and additional retail, office, residential and hotel space the developer has committed to build as part of the overall project, it is expected to create about 8,000 construction jobs, with work due to start in 2014.[44]

Legal developments[edit]

From bankruptcy filing to eligibility ruling[edit]

Detroit, Michigan at Milwaukee Junction looking southwest at the Russell Industrial Center

On July 19, 2013, Ingham County Circuit Court Judge Rosemarie Aquilina ruled, using a typed statement with hand-written notes attached, that the bankruptcy filing by Detroit violated the Michigan constitution by impairing pension payments and ordered Snyder to withdraw the filing: Snyder has appealed the motion, and Aquilina indicated she was sending a copy of her ruling to President Obama.[4] While under Article IX, Section 24, of the Michigan Constitution, neither the state nor any of its "political subdivisions" are permitted to default on the accrued financial benefits of their pension plans or retirement systems,[45] federal law may allow bankruptcy judges to renegotiate pensions of municipalities in bankruptcy.[46] Many consider public pension benefits of existing retirees "virtually untouchable"; the clash between state constitutional protections of vested public pension rights and the general ability of the bankruptcy process to modify debt obligations has yet to be fully tested in any Chapter 9 proceeding.[47]

On July 22, Aquilina delayed to July 29 her hearing on retiree funds request for an order directing Orr and Snyder to withdraw the bankruptcy filing and desist from any effort to reduce vested pension benefits in the face of their protected status under the Michigan Constitution. This legal move allowed the bankruptcy court to weigh in.[48] Bankruptcy Judge Steven Rhodes scheduled a hearing on July 24, on the city's request that the retiree state court suit be stayed because of the pending federal bankruptcy case. Rhodes indicated that the bankruptcy court, not the state court, has the authority to resolve the dispute between the city and the retiree funds over the city's authorization to file the bankruptcy case.[49]

On July 23, a three-judge panel of the Michigan Court of Appeals ruled unanimously to stay the proceedings in the state court actions, pending a resolution of the state's appeal of Aquilina's rulings directing withdrawal of the bankruptcy filing.[50] In another development in the bankruptcy case, Rhodes indicated in a filing on July 23 his intent to appoint a mediator to work with the parties in the bankruptcy. Rhodes indicated that the mediator would be Chief Judge Gerald Rosen of the U.S. District Court for the Eastern District of Michigan.[50]

On July 24, the bankruptcy court held a two-hour hearing on the city's request for a stay of the pending state court proceedings against Snyder and Orr. Rhodes then granted the federal stay and ruled that Orr is a validly authorized officer to act for the city in the bankruptcy. Rhodes ordered that three suits filed by city employees, retirees and pension funds in State Court be halted. He made it clear that all legal battles will be fought in the Federal Bankruptcy Court[7] Rhodes emphasized that he was not on July 24 deciding whether the city met the statutory criteria for eligibility for a Chapter 9 filing, nor the effect on the bankruptcy case of Michigan's constitutional protection of vested public pension benefits.[51]

On July 27, Michigan Attorney General Bill Schuette announced that he would enter an appearance in the bankruptcy case for the purpose of defending Michigan's constitutional protection of vested public pension benefits. Schuette said that in doing so he would be acting in his role as "the people's attorney." Schuette acknowledged that there is no action currently pending in the case related to public pensions, but he stated that by filing an appearance he “will be able to defend the state constitution if and when this does occur.” Schuette's office also represents Snyder, who favors cuts to Detroit's public pension plans as an element of restoring the city to financial stability. Schuette's spokesperson said that his office would continue to represent the governor and other state agencies in the bankruptcy; different sets of attorneys in the attorney general's office will represent these divergent positions. A spokesperson for emergency manager Orr said that Orr “respects the attorney general’s concern for Detroit’s pensioners. This is an important issue that will be decided, appropriately, by a federal bankruptcy judge."[52]

On August 2, the bankruptcy court held a status conference, set an initial schedule for the case, and made several initial rulings. The court set August 19 as the deadline for any party to file objections to the city's eligibility for Chapter 9 bankruptcy, and October 23 as the hearing date for trial on such objections. The court set March 1, 2014, as the deadline for the city to file a plan of adjustment for its debts.[8] The court ordered the appointment of a fee examiner to review the fees incurred by attorneys and other professionals for the City, and invited comments on naming an appropriate person to fill this role.[53] The court presented a proposed order establishing a mediation process aimed at facilitating settlement of disputed issues that will arise in the case, and inviting comments on the naming of an appropriate mediator, with the court having initially proposed Chief Judge Gerald Rosen of the U.S. District Court for the Eastern District of Michigan.[54] The court ordered the Office of the U.S. Trustee to appoint an official committee to represent retired employees of the city, with the U.S. Trustee to select the members to serve on this Retiree Committee. The professional expenses of the Retiree Committee will be paid by the city, which consented to do so. When a fee examiner is appointed, the professional expenses of the Retiree Committee will also be subject to the examiner's review.[55] On August 19, Rhodes appointed Robert M. Fishman, an attorney with the Chicago law firm Shaw Fishman Glantz and Tobin, as the fee examiner. Fishman's own fees are charged at $600 per hour. Another attorney who has served as an expert witness in fee matters commented that, while the fees will no doubt be large, legal fees are always a small percentage of what is at stake in a bankruptcy of this magnitude.[56]

On August 13, Judge Rhodes, after receiving input from various parties in the bankruptcy, confirmed his appointment of Judge Rosen of the District Court to serve as a mediator in the Chapter 9 case process. The mediator may bring parties together for "facilitative mediation" on any issues that Rhodes chooses to refer to mediation. Any mediation proceedings held will be confidential, except for the terms of any settlement that may be reached and presented to the bankruptcy court for approval.[57] On August 21, Rosen - as permitted by Rhodes's order appointing him - appointed additional mediators to assist him. As Rosen said, mediation in this case will amount to a monumental task, involving "thousands of claims and issues." The additional mediators are: U.S. District Judge Victoria Roberts, a Detroit native who is also an adjunct professor at the University of Michigan Law School; U.S. Bankruptcy Judge Elizabeth Perris of the District of Oregon, who has served almost 30 years as judge and has been a judicial mediator in the Chapter 9 bankruptcies of Vallejo, Stockton and Mammoth Lakes, Calif.; Senior U.S. District Judge Wiley Daniel of the District of Colorado, a former Detroit resident; former U.S. Bankruptcy and U.S. District Judge David Coar, who has also served as a private mediator in large bankruptcy cases, including the Mammoth Lakes, Calif., Chapter 9; and Eugene Driker, also a Detroit native, who is "considered a leading mediator in Michigan."[58]

On August 19, the deadline set by the bankruptcy court, 109 objections were filed to Detroit's eligibility for Chapter 9.[59] Among the more prominent objectors were the Retired City Employees Association and Joint Retired Detroit Police and Fire Fighters Association,[60] the UAW,[61] the AFSCME,[62] the city's General Retirement System and Police and Fire Retirement System,[63] the Detroit Fire Fighters Association and the Detroit Police Officers Association (and two levels of associations of higher-ranking police officers).[64] Numerous individuals were also among those filing objections, including some in the form of handwritten letters.[65] Attorney General Schuette filed a statement that his office does not contest Detroit's eligibility for Chapter 9, but does object, and will continue to object, to Detroit's ability through the bankruptcy process to diminish its retiree pension benefits in light of the Michigan state constitutional prohibition against impairment of these vested obligations.[66] Notably, bondholder representatives and municipal bond insurance companies chose not to file an objection to eligibility. This is despite Kevyn Orr's stated intention to treat approximately $2 billion of general obligation bond debt as unsecured, which would likely result in substantial losses to the bond parties. Frank Schafroth, director of the Center for State and Local Leadership at George Mason University, commented that the choice not to object on eligibility reflected lessons learned in the Stockton, California, Chapter 9 case. There, bondholders and bond insurers did wage a months-long litigation effort to have Stockton declared ineligible. But this expensive and time-consuming effort proved unsuccessful. An attorney for some of the bondholders in Detroit's case commented that they felt it was better to have the bankruptcy judge as a referee rather than to deal only with Orr on the terms of his severe pre-bankruptcy proposal to the bond groups.[67]

Judge Rhodes ordered that initial argument on the purely legal issues of Detroit's eligibility for Chapter 9 be held on October 15–16, rather than the October 23 date of the full trial on eligibility. Rhodes declared early consideration of the purely legal issues, such as Detroit's authorization under state law for the bankruptcy filing, would expedite determination of eligibility under the Bankruptcy Code. At the same time, Rhodes reserved issues requiring factual determinations, such as whether Detroit negotiated in good faith with its creditors before filing the bankruptcy case, for the October 23 trial.[68][69]

As of October 1, Detroit had spent almost $23 million in fees to lawyers, consultants and financial advisers for the bankruptcy.[70] Some of the fees are:[70]

Orr used $95 million earmarked for unsecured bond debt and pension payments to Detroit's restructuring initiatives, which caused Detroit to first miss bond payments in June 2013.[70]

On December 3, Judge Rhodes ruled Detroit eligible for bankruptcy protection.[71] In his ruling the judge determined that Detroit is insolvent, and that the city could not have practically negotiated on a plan of adjustment pre-bankruptcy with its thousands of creditors. The judge declined to find that the city had negotiated in good faith with creditors pre-bankruptcy, based on the testimony at the eligibility trial; he noted that the meetings the city held with creditors leading up to the bankruptcy filing did not meet the statutory good-faith requirement. However, he found the city eligible for Chapter 9[72] on the statutory alternative ground of impracticability of negotiating with so many creditors. The judge also found that the city could potentially impair the pensions of city retirees through a plan under federal bankruptcy law, despite the Michigan state constitutional provision protecting such pensions from impairment.[73]

Judge Rhodes followed the announcement of his ruling in open court with a 143 page written memorandum opinion providing the bases for the ruling. The memorandum discusses in detail the financial status of the city. It reviews the statutory criteria for eligibility and indicates those the city satisfied, and finds that the city met the minimum criteria for eligibility. The memorandum discusses in depth the major objections raised by various parties to the city's eligibility, and finds that the objections are either unfounded in law or insufficient factually to deny the city eligibility for Chapter 9. The judge concluded the memorandum with a reminder to all interested parties that eligibility is only a preliminary step in a Chapter 9 case, and that the "ultimate objective is confirmation of a plan of adjustment....the Court strongly encourages the parties to begin to negotiate, or if they have already begun, to continue to negotiate, with a view toward a consensual plan."[74]

Appeal of eligibility ruling[edit]

Judge Rhodes declined to stay the effect of his eligibility ruling while any potential appeals are decided. He also indicated that he would consider permission for an appeal to proceed directly to the U.S. Court of Appeals for the Sixth Circuit, rather than the regular route of an appeal first to the federal district court, in a separate motion. AFSCME immediately filed a notice of appeal of the ruling. It is expected that the independently managed pension funds for city workers will join in the appeal.[73][75] Detroit’s teachers' union will appeal the bankruptcy ruling according to Randi Weingarten, national president of the American Federation of Teachers.[76] On December 16, 2013, Judge Rhodes granted motions by AFSCME and the pension funds permitting direct appeal to the Sixth Circuit. The permission includes the ruling on eligibility for Chapter 9, and the ruling that the city can impair vested public pension benefits through a Chapter 9 plan.[77]

City's plan of adjustment of debts[edit]

After the Chapter 9 eligibility ruling, emergency manager Kevyn Orr said the city will seek to file a plan for adjustment of its debts under bankruptcy law by early January. Orr said that negotiations with unions for the city's workers on the terms of a possible plan were continuing.[73]

Confirmation process[edit]

Judge Rhodes has set a trial on whether the City's proposed plan should be confirmed for late-July through August 2014.[78] The judge is designating a neutral expert to advise the court on the merits of the plan and its financial feasibility. Federal judges are empowered to make use of such independent expert witnesses.[79]

Assets available for distribution[edit]

One of the issues facing litigators is which assets belong to the city outright and are available to creditors in order to satisfy liabilities. For example the Detroit Institute of Arts holds 66,000 valuable pieces; however, only five percent of this collection were bought with city money. Judge Rhodes will have to decide if the other 95% of this collection can also be monetized in order to satisfy the claims of the bankruptcy creditors.[80]

On October 16, 2014, lawyers for the city and Financial Guaranty Insurance Company (FGIC), a bond insurer with a $1 billion claim, disclosed in court that they had reached a deal to settle the company's claims. Under the deal, the city and state would pay for the demolition of the city-owned Joe Louis Arena once the Red Wings move into the new arena. After demolition, FGIC would receive the arena site and an adjacent parking lot, giving the company nearly 9 acres (3.6 ha) for redevelopment.[81]

State legislation[edit]

Michigan Speaker Jase Bolger

In May 2014, Michigan House of Representatives Speaker Jase Bolger announced the formation of a special committee, House Committee on Detroit's Recovery and Michigan's Future, to help Detroit settle the bankruptcy while protecting Michigan taxpayers statewide.[82] The committee introduced legislation giving Detroit's retirement systems a $194.8 million lump sum.[82] As well, legislation was passed to create an oversight commission to aid Detroit's recovery.[82]

Bolger also called on unions to make contributions to help in the Detroit settlement.[83] Bolger requested unions to make a material contribution that is reflective of other parties involved in the settlement.[83] Speaker Bolger's request did not come without opposition, the Detroit Free Press wrote an editorial suggesting that Governor Rick Snyder should convince Bolger to drop his request of labor unions, or the governor should bypass Bolger.[84] Other critics wrote that Bolger's request would imperil the settlement.[85] On the other hand, the Detroit News editorial board wrote in support of labor unions contributing, but noted that the likelihood was slim.[86] Bolger held firm to his request, and beginning with the Michigan Building and Construction Trades Council, some unions did agree to make material contributions towards health care costs to help with the Detroit bankruptcy settlement.[87] After unions agreed to contribute money towards the settlement, the Michigan House passed legislation with major bipartisan support.[88] Governor Snyder called the legislative package an opportunity to change the direction of Detroit.[88] Upon passage, the Detroit News called the final legislative package a "grand piece of work," and the Detroit Free Press opined that the deal showed lawmakers "get it."[89][90]

On September 10, Detroit reached a deal with three Michigan counties over regional water and sewer services that could eliminate one roadblock to federal court approval of the city's plan to adjust its debt and exit bankruptcy. The deal with Oakland, Wayne and Macomb counties creates a regional water and sewer authority, but allows Detroit to maintain control of its local system. The deal was crucial to adjusting the city's $18 billion of debt and exit the biggest-ever municipal bankruptcy.[91]

See also[edit]

References[edit]

  1. ^ a b c d e f g Davey, Monica; Walsh, Mary Williams (July 18, 2013). "Billions in Debt, Detroit Tumbles Into Insolvency". The New York Times. Retrieved July 19, 2013. 
  2. ^ a b "Snyder confirms financial emergency in Detroit, turnaround expert Kevyn Orr appointed EFM" (Press release). Office of the Governor. March 14, 2013. Retrieved April 3, 2013. 
  3. ^ a b c d Shepardson, David (July 11, 2013). "White House not offering Detroit help to avoid bankruptcy". The Detroit News. Retrieved July 19, 2013. 
  4. ^ a b Mullen, Ann (July 19, 2013). "Judge rules Detroit Chapter 9 bankruptcy filing unconstitutional". Detroit: WXYZ-TV. Retrieved July 19, 2013. 
  5. ^ Egan, Paul (July 19, 2013). "Michigan AG challenges judge's ruling that Detroit bankruptcy is unconstitutional". Detroit Free Press. Retrieved July 19, 2013. 
  6. ^ Michigan Appeals Court halts challenges to Detroit's bankruptcy filing CNBC, July 23, 2013
  7. ^ a b Woodall, Bernie; Lichterman, Joseph (July 24, 2013). "U.S. judge halts challenges to Detroit's bankruptcy bid". Reuters. Retrieved July 24, 2013. 
  8. ^ a b "First Order Establishing Dates and Deadlines". U.S. Bankruptcy Court for the Eastern District of Michigan. August 2, 2013. Retrieved August 2, 2013. 
  9. ^ Joseph Lichterman; Bernie Woodall (December 3, 2013). "In largest-ever U.S. city bankruptcy, cuts coming for Detroit creditors, retirees". Reuters. Retrieved December 3, 2013. 
  10. ^ a b Dolan, Matt (June 3, 2014) Michigan Gov. Snyder Pledges to Sign Detroit Package Wall Street Journal.
  11. ^ Bomey, Nathan; Helms, Matt; Guillen, Joe (7 November 2014). "Judge OKs bankruptcy plan; a 'miraculous' outcome". The Detroit Free Press. Retrieved 10 November 2014. 
  12. ^ Colvin, Jay. "Detroit Exits Bankruptcy". AbridgeMe. Retrieved 11 December 2014. 
  13. ^ a b "Michigan Gov. Rick Snyder takes over Detroit's finances amid financial emergency". CTV News. Associated Press. February 20, 2013. Retrieved July 18, 2013. 
  14. ^ Goodman, David (December 18, 2012) "Detroit Financial Review Team, Including State Treasurer Andy Dillon, Chosen By Gov. Rick Snyder". Huffington Post
  15. ^ a b c d e f Fletcher, Michael A. (July 18, 2013). "Detroit files largest municipal bankruptcy in U.S. history". The Washington Post. Retrieved July 19, 2013. 
  16. ^ a b "Report by emergency manager says Detroit's finances are crumbling, future is bleak". Fox News. May 13, 2013. Retrieved May 15, 2013. 
  17. ^ Helms, Matt; Guillen, Joe (May 13, 2013). "Financial manager: Detroit 'dysfunctional, wasteful'". USA Today. Retrieved May 15, 2013. 
  18. ^ "Detroit 'clearly insolvent', says emergency manager". BBC News. May 13, 2013. Retrieved May 15, 2013. 
  19. ^ Snell, Robert (July 17, 2013). "Detroit pension funds sue to block potential bankruptcy". The Detroit News. Retrieved July 19, 2013. 
  20. ^ a b Kaffer, Nancy; Henderson, Stephen; Helms, Matt (July 18, 2013). "Detroit files for bankruptcy protection". USA Today. Retrieved July 18, 2013. 
  21. ^ Wozniacka, Gosia (June 27, 2012). "Stockton bankruptcy is hard hit for city retirees". The Boston Globe. Associated Press. Retrieved July 18, 2013. 
  22. ^ Wheeler, Brian (December 14, 2011). "The scandal of the Alabama poor cut off from water". BBC News. Retrieved December 15, 2011. 
  23. ^ a b c d e Williams, Corey (July 19, 2013). "In Despair, Detroit Files for Bankruptcy" (PDF). The Express (Washington, DC). Associated Press. p. 3. Retrieved July 19, 2013. 
  24. ^ "City of Detroit Bankruptcy Filing". Eastern District of Michigan U.S. Bankruptcy Court. July 18, 2013. Retrieved July 19, 2013. 
  25. ^ "Detroit’s Bankruptcy Follows Decades of Decay". Southfield, MI: WWJ-TV. Associated Press. July 19, 2013. Retrieved July 19, 2013. 
  26. ^ Half of Detroit property owners don't pay taxes Detroit News, February 21, 2013
  27. ^ Durbin, Dee-Ann; Krishner, Tom (July 18, 2013). "Detroit’s bankruptcy follows decades of decay". The Seattle Times. Associated Press. Retrieved July 19, 2013. 
  28. ^ "How Detroit went broke: The answers may surprise you - and don't blame Coleman Young". The Detroit Free Press (Detroit, Michigan). September 15, 2013. 
  29. ^ Church, Steven (July 16, 2012). "Nebraska, Not California, is King of Municipal Collapse". Bloomberg Law. Retrieved July 29, 2013. 
  30. ^ Hicken, Melanie (February 27, 2013). "Detroit's workers and retirees face big cuts". CNN. Retrieved July 19, 2013. 
  31. ^ a b c Carey, Nick (July 18, 2013). "Detroit files for bankruptcy, stage set for court fight". Reuters. Retrieved July 18, 2013. 
  32. ^ Neavling, Steve (July 18, 2013). "Detroit bankruptcy filing marks new low for Motor City". Chicago Tribune. Reuters. Retrieved July 19, 2013. 
  33. ^ http://www.law360.com/articles/529394/law360-s-weekly-verdict-legal-lions-lambs
  34. ^ a b c d e f g Brown, Nick (July 21, 2013). "In Detroit's ruin, law firms see land of new opportunity". Reuters and Chicago Tribune. Retrieved 26 July 2013. 
  35. ^ Gallagher, John (July 19, 2013). "Windsor mayor: We would consider buying tunnel to Canada if it's sold in bankruptcy". Detroit Free Press. Retrieved July 19, 2013. 
  36. ^ "Moody's: Detroit bankruptcy filing credit negative". Reuters. July 18, 2013. Retrieved July 18, 2013. 
  37. ^ "Detroit union leaders call bankruptcy filing premature, say they were trying to negotiate". Detroit Free Press. March 7, 2013. Retrieved July 19, 2013. 
  38. ^ McClure, Caitlin (July 19, 2013). "Rand Paul: Obama will bail out Detroit ‘over my dead body’". The DC. 
  39. ^ "Rand Paul: Obama Will Bail Out Detroit 'Over My Dead Body'". The Huffington Post. July 20, 2013. 
  40. ^ Condon, Stephanie (July 21, 2013). "Gov. Rick Snyder: Government bailout is the wrong answer for Detroit". CBSNews. 
  41. ^ Preston, Darrell; Kaske, Michelle; Braun, Martin Z. (July 19, 2013). "Detroit Case Scrutinized by $900 Million G.O. Market". Bloomberg. Retrieved July 20, 2013. 
  42. ^ Walsh, Mary Williams (August 8, 2013). "Woes of Detroit Hurt Borrowing by Its Neighbors". New York Times. Retrieved August 8, 2013. 
  43. ^ Chapatta, Brian (August 8, 2013). "Detroit's Bankruptcy Doesn't Faze the Municipal Bond Market". Business Week. Retrieved August 8, 2013. 
  44. ^ New $444 million hockey arena is still a go in Detroit, CNN, July 26, 2013
  45. ^ Michigan Legislature (December 2010). "Article IX § 24". Constitution of Michigan of 1963 (PDF). State of Michigan. p. 44. Retrieved July 19, 2013. 
  46. ^ "Confusion in Detroit as judge challenges legality of bankruptcy". Fox News. July 19, 2013. Retrieved July 19, 2013. 
  47. ^ Benvenutti, Peter J.; Heiman, David G.; Lennox, Heather; Sinanyan, Lori; Sisitsky, Mark K.; Tambe, Jayant W. (August 2010). "An Overview of Chapter 9 of the Bankruptcy Code: Municipal Debt Adjustments". Jones Day. Retrieved July 19, 2013. 
  48. ^ Gray, Kathleen (July 22, 2013). "Judge delays hearing on Detroit bankruptcy, pensions". Detroit Free Press. Retrieved July 22, 2013. 
  49. ^ Snavely, Brent (July 22, 2013). "Federal judge to consider pension funds' lawsuit Wednesday in first Detroit bankruptcy hearing". Detroit Free Press. Retrieved July 22, 2013. 
  50. ^ a b Gray, Kathleen (July 23, 2013). "Ingham County judge loses another round in her bid to halt Detroit's bankruptcy case". Detroit Free Press. Retrieved July 23, 2013. 
  51. ^ Snavely, Brent; Helms, Matt (July 24, 2013). "Judge: Bankruptcy court can decide whether pension systems, retiree suits can proceed". Detroit Free Press. Retrieved July 24, 2013. 
  52. ^ Helm, Matt (July 27, 2013). "Michigan AG to defend public pensions, state constitution in Detroit bankruptcy filing". Detroit Free Press. Retrieved July 27, 2013. 
  53. ^ "Order Regarding Comment Period on Fee Examiner Appointment". U.S. Bankruptcy Court for the Eastern District of Michigan. August 2, 2013. Retrieved August 2, 2013. 
  54. ^ "Order Regarding Comment Period on Revised Mediation Order". U.S. Bankruptcy Court for the Eastern District of Michigan. August 2, 2013. Retrieved August 2, 2013. 
  55. ^ "Order, Pursuant to Section 1102(a(2) of the Bankruptcy Code Directing the Appointment of a Committee of Retired Employees". U.S. Bankruptcy Court for the Eastern District of Michigan. August 2, 2013. Retrieved August 2, 2013. 
  56. ^ Bomey, Nathan (August 19, 2013). "Judge appoints $600-an-hour attorney to keep tabs on Detroit bankruptcy legal fees". Detroit Free Press. Retrieved August 21, 2013. 
  57. ^ Bathon, Michael (August 13, 2013). "Detroit Judge Rosen Named Mediator in City’s Bankruptcy". BloombergBusinessWeek. Retrieved August 13, 2013. 
  58. ^ Baldas, Tresa (August 20, 2013). "Rosen selects team of mediators for Detroit bankruptcy case". Detroit Free Press. Retrieved August 21, 2013. 
  59. ^ "Order Regarding Eligibility Objections Notices of Hearings And Certifications Pursuant to 28 U.S.c. § 2403(a) & (b)". U.S. Bankruptcy Court for the Eastern District of Michigan. August 26, 2013. Retrieved September 4, 2013. 
  60. ^ "Consolidated Objection of the Retirees Association Parties to Eligibility". U.S. Bankruptcy Court for the Eastern District of Michigan. August 19, 2013. Retrieved August 21, 2013. 
  61. ^ "Objection of International Union, UAW to the City of Detroit, Michigan's Eligibility for an Order for Relief Under Chapter 9 of the Bankruptcy Code". U.S. Bankruptcy Court for the Eastern District of Michigan. August 19, 2013. Retrieved August 21, 2013. 
  62. ^ "The Michigan Council 25 of the American Federation of State, County & Municipal Employees, AFL-CIO and Sub-Chapter 98, City of Detroit Retirees' Objection to the City of Detroit's Eligibility to Obtain Relief Under Chapter 9 of the Bankruptcy Code". U.S. Bankruptcy Court for the Eastern District of Michigan. August 19, 2013. Retrieved August 21, 2013. 
  63. ^ "Objection of the Detroit Retirement Systems to the Eligibility of the City of Detroit, Michigan to be a Debtor Under Chapter 9 of the Bankruptcy Code". U.S. Bankruptcy Court for the Eastern District of Michigan. August 19, 2013. Retrieved August 21, 2013. 
  64. ^ "Objection of the Detroit Fire Fighters Association, the Detroit Police Officers Association, the Detroit Police Lieutenants & Sergeants Association and the Detroit Police Command Officers Association to Debtor's Bankruptcy Petition and Statement of Qualifications Under 11 U.S.C. Section 109(c)". U.S. Bankruptcy Court for the Eastern District of Michigan. August 19, 2013. Retrieved August 21, 2013. 
  65. ^ Bomey, Nathan (August 19, 2013). "Creditors file objections to Detroit's bankruptcy". USA Today. Retrieved August 21, 2013. 
  66. ^ "Attorney General Bill Schuette's Statement Regarding the Michigan Constitution and the Bankruptcy of the City of Detroit". U.S. Bankruptcy Court for the Eastern District of Michigan. August 19, 2013. Retrieved August 21, 2013. 
  67. ^ Devitt, Caitlin (August 20, 2013). "No Challenge to Detroit's Eligibility from Bond Insurers, Investors". The Bond Buyer. Retrieved August 22, 2013. 
  68. ^ Lichterman, Joseph (August 27, 2013). "Judge speeds hearing on Detroit bankruptcy eligibility". Reuters. Retrieved September 4, 2013. 
  69. ^ "First Amended Order Regarding Eligibility Objections Notices of Hearings and Certifications Pursuant to 28 U.S.C. § 2403(a) & (b)". U.S. Bankruptcy Court for the Eastern District of Michigan. September 12, 2013. Retrieved September 14, 2013. 
  70. ^ a b c Lichterman, Joseph (20 November 2013). "Detroit has paid $23 million to consultants through October 1". Reuters. Retrieved 21 November 2013. 
  71. ^ Bill Vlasic; Monica Davey; Mary Williams Walsh (December 3, 2013). "Ruling Makes Detroit Biggest City to Qualify for Bankruptcy". The New York Times. Retrieved December 4, 2013. 
  72. ^ Finances.com [1]. Finances.com, 2013. Retrieved 23 September 2014.
  73. ^ a b c Joseph Lichterman; Bernie Woodall (December 3, 2013). "In largest-ever U.S. city bankruptcy, cuts coming for Detroit creditors, retirees". Reuters. Retrieved December 3, 2013. 
  74. ^ "Opinion Regarding Eligibility". U.S. Bankruptcy Court for the Eastern District of Michigan. December 5, 2013. Retrieved December 5, 2013. 
  75. ^ Brent Snavely; Nathan Bomey (December 3, 2013). "Blog replay: Judge rules Detroit is eligible for bankruptcy". Detroit Free Press. Retrieved December 3, 2013. 
  76. ^ Melanie Trottman (December 4, 2013). "Teachers’ Union Vows Appeal of Detroit Bankruptcy Ruling". The Wall Street Journal. Retrieved December 4, 2013. 
  77. ^ Matt Helms; Brent Snavely (December 17, 2013). "Detroit bankruptcy judge allows appeal of eligibility, pension rulings". Detroit Free Press. Retrieved December 18, 2013. 
  78. ^ Priddle, Alisa (April 18, 2014). "Rhodes conducts interviews for expert witness on Detroit bankruptcy plans". Detroit Free Press. Retrieved 19 April 2014. 
  79. ^ Willging, Thomas E. (1986). FJC Staff Report: Court Appointed Expert Witnesses. Federal Judicial Center. p. 1. 
  80. ^ http://www.freep.com/article/20140122/NEWS01/301220086/Judge-Steven-Rhodes-Detroit-Institute-of-Arts-bankruptcy
  81. ^ "Red Wings arena to be demolished". ESPN.com. Associated Press. October 16, 2014. Retrieved October 16, 2014. 
  82. ^ a b c Oosting, Jonathan (May 13, 2014). State money for Detroit? New Michigan panel to consider 'grand bargain' legislation, oversight MLive.
  83. ^ a b Egan, Paul & John Gallagher (April 18, 2014). Michigan House leader tells Detroit unions to put up cash or get no money from state Detroit Free Press.
  84. ^ Detroit Free Press Editorial Board (April 25, 2014). Editorial: Gov. Rick Snyder must rein in Jase Bolger on unions Detroit Free Press.
  85. ^ Howes, Daniel (May 13, 2014). Bolger's union demand imperils 'grand bargain' in Detroit bankruptcy The Detroit News.
  86. ^ Detroit News Editorial Board (May 1, 2014). Bolger should allow grand bargain The Detroit News.
  87. ^ Oosting, Jonathan (May 19, 2014) Bolger: Union contribution a 'huge step forward' for Detroit bankruptcy 'grand bargain' MLive.
  88. ^ a b Livengood, Chad & Gary Heinlein (May 22, 2014). Detroit's 'grand bargain' advances in Michigan Legislature The Detroit News.
  89. ^ Detroit News Editorial Board (June 5, 2014). Editorial: Detroit's 'grand bargain' a grand piece of work The Detroit News.
  90. ^ Detroit Free Press Editorial Board (June 4, 2014). Editorial: OK of Detroit bankruptcy deal shows Michigan lawmakers get it Detroit Free Press.
  91. ^ Lambert, Lisa. "Detroit, counties reach deal over water, sewer authority". Reuters. Retrieved 14 September 2014. 

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