Posted By: airforce
Detroit is Officially Bankrupt - 12/03/2013 10:32 AM
And pensions are not exempt from the chopping block. It's the largest city to ever enter into Chapter 9, but it certainly won't be the last.
The Michigan Constitution protects public pensions as a "contractual obligation that cannot be diminished or impaired." But U.S. bankruptcy law allows contract cuts, and Judge Rhodes ruled that federal law preempts the state Constitution. This is going to get hairy.
Onward and upward,
airforce
The Michigan Constitution protects public pensions as a "contractual obligation that cannot be diminished or impaired." But U.S. bankruptcy law allows contract cuts, and Judge Rhodes ruled that federal law preempts the state Constitution. This is going to get hairy.
Quote
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....
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....
airforce