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Judge Rules That Detroit Bankruptcy Filing Is Unconstitutional
Mediaite ^ | 07/19/2013 | Josh Feldman

Posted on 07/19/2013 2:23:28 PM PDT by SeekAndFind

A Michigan judge ruled today that Detroit filing for chapter 9 bankruptcy on Thursday was unconstitutional. Ingham County Circuit Judge Rosemarie Aquilina said the filing must be withdrawn and that, according to the Detroit Free Press, the governor and city emergency manager “must take no further actions that threaten to diminish the pension benefits of City of Detroit retirees.”

The reduction in those particular benefits is at issue here, due to a portion of the Michigan Constitution that reads [PDF]:

“The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.”

The judge interpreted this passage to declare the bankruptcy filing unconstitutional, though this piece in the Detroit News argues that it may not be that clear-cut.

Meanwhile, Attorney General Bill Schuette is appealing the decision to the Michigan Court of Appeals and requesting the orders stayed for the time being.

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TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Michigan
KEYWORDS: bankruptcy; detroit; governmentmotors; inghamcounty; michigan; pensionsmyass; rosemarieaquilina; unconstitutional; unfitforthebench
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To: Mouton

No provision for Bankruptcy for states.


41 posted on 07/19/2013 2:56:21 PM PDT by Kozak ("Send them back your fierce defiance! Stamp upon the cursed alliance! To arms, to arms.....")
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To: DannyTN

My guess is possibly, but the state court has no jurisdiction once bankruptcy was files and the proper place to make an argument about the constitutionality of the filing would be in the Federal bankruptcy court.


42 posted on 07/19/2013 2:56:46 PM PDT by Piranha (Power is not only what you have but what the enemy thinks you have - Saul Alinsky)
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To: SeekAndFind

Apparently this judge believes it is okay to write rubber checks and they won’t bounce just because she says so. Perhaps she’s been watching Obama, Geithner and Bernanke for 5 years and believes if the federal government get away with writing checks without sufficient funds the state and local government can as well.

No matter what this “naive” judge says or does, the pension checks are going to start bouncing. That’s when the rubber will truly hit the road.

Be prepared for Obama to demand Congress compel the Pension Benefit Guaranty Corporation, set up to insure only private pensions and completely funded by insurance premiums from companies, to take on Detroit’s public worker pensions. Any Congressman who dares to oppose this taking of private property will be labeled a racist so McConnell, Boehner, McCain, Graham, and the rest will trip over themselves passing the legislation.

After the pension are taken care of by private industry, expect a push for billions to fund public works and infrastructure projects to rebuild Detroit.


43 posted on 07/19/2013 2:56:55 PM PDT by Soul of the South (Yesterday is gone. Today will be what we make of it.)
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To: SeekAndFind

The U.S. Bankruptcy Code trumps state law. It is called federal preemption, a concept most first year law students are familiar with.

Of course, since the judge is a Democrat, she only has to apply the laws that she likes when she feels like it.


44 posted on 07/19/2013 2:57:15 PM PDT by Bubba_Leroy (The Obamanation Continues)
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To: Mouton
Didn't the public employee unions greed result in astronomical taxes, wholesale flight out of town, leaving only population of parasites and overpaid bureaucrats?
presumably including clueless judges.

I wonder when the position was born that "you can't get blood out of a turnip" except when it involves public employees.

If the City of Detroit is ever resurrected, it is doomed to fail again if public unions, all of them, are allowed to exist. Public employment of the incompetent as a hidden welfare program, has been tried and failed.
It's not rocket science, make public employee wages, including benefits, never higher than the average private sector similar job

And secondly, bar forever affirmative action, and make all positions competitive, meaning taking and passing a competency test; highest scores get hired first, color blind and politics blind.

Ignore common sense at your peril.
Leave welfare to the welfare (not a typo>) welfare industry.

Tried that, monumental FAIL!

45 posted on 07/19/2013 2:58:21 PM PDT by publius911 (Look for the Union label, then buy something else.)
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To: SeekAndFind

She just wants to keep HER future pension safe.


46 posted on 07/19/2013 2:59:19 PM PDT by Mark (Obama is more confused than a hungry baby in a topless bar)
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To: fhayek
Where is the constitutional right against insolvency? Broke is broke.

That's a very simple but important point. The Michigan constitution didn't say that this applied to public entities but not private entities.

Are all pension adjustments for private companies that go bankrupt now null and void in Michigan according to this interpretation, or does this only apply to public entities with SEIU and possibly NEA employees?

Frankly, I don't think she has judicial standing here, anyway. I've heard shee's a county judge, and therefore a state level municipal bankruptcy should be out of her jurisdiction. The outrageous expansion of judge's power in recent decades cannot be what the Founders intended.

47 posted on 07/19/2013 2:59:24 PM PDT by Pearls Before Swine
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To: ez

It was the state constitution and not the Federal constitution.


48 posted on 07/19/2013 2:59:54 PM PDT by Piranha (Power is not only what you have but what the enemy thinks you have - Saul Alinsky)
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To: NonValueAdded

I think the pensions would have priority under Federal laws anyway. The judge may have some leeway to reduce the liability, but I would expect the pensions to take the softest hit of anyone.


49 posted on 07/19/2013 3:00:05 PM PDT by DannyTN
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Comment #50 Removed by Moderator

To: SeekAndFind

Kind of a young Margot Kidder after she went nuts looks to her.


51 posted on 07/19/2013 3:00:30 PM PDT by techcor
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To: SeekAndFind

So, going broke is unconstitutional? A wave of the judicial magic wand, and the natural laws of economics are fixed. Wow!

Next up: gravity is unconstitutional.


52 posted on 07/19/2013 3:02:53 PM PDT by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: SeekAndFind

Bulldoze the city, build windmills and solar panels and the city will be flush with gazillions of dollars. Fer sure!


53 posted on 07/19/2013 3:02:54 PM PDT by Mark (Obama is more confused than a hungry baby in a topless bar)
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To: SeekAndFind

The old saying, “you can’t get blood out of a turnip”, comes to mind.


54 posted on 07/19/2013 3:03:33 PM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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To: Rusty0604

New Michigan law: “The income tax rate on public employee pensions and benefits shall be 50%”


55 posted on 07/19/2013 3:04:32 PM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: SeekAndFind
The governor lacks the power to “diminish or impair pension benefits,” according to the ruling by Ingham County Circuit Court Judge Rosemarie Aquilina.

Maybe true, but this should be argued in Bankruptcy court. No way can this judge order all debt out of bankruptcy because of one class of creditors. This is why we have bankruptcy court. The retiree can argue the retirement plans are not part of the bankruptcy, in essence, claim the highest level of creditor protection.

56 posted on 07/19/2013 3:06:36 PM PDT by 11th Commandment (http://www.thirty-thousand.org/)
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To: SeekAndFind
The fix is in, you can bet, emanating from Holder's People in the White Hut. No WAY that Holder's People will lose their handouts, or the fat-cat Public Union Pensions and Benefits will be impacted adversely.

IF Deetroit were to go bankrupt (as they have and Legally should be), the rest of the Country's taxpayers wind up paying the tab, to keep the inner-city tribal parasites basking in their glory at Whitey's expense, as always.

57 posted on 07/19/2013 3:08:11 PM PDT by traditional1 (Amerika.....Providing public housing for the Mulatto Messiah)
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To: cripplecreek
"Pretty much, yeah," the GOP governor glibly recalls.

Glibly, huh?

When you're drowning, as a result of stupidity, you best not criticize your rescuer for throwing you a bare life preserver, instead of one with 500 pounds of bricks permanently attached!

58 posted on 07/19/2013 3:08:43 PM PDT by publius911 (Look for the Union label, then buy something else.)
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To: SeekAndFind
“The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.”

If that is the basis for her decision then I support it 100%. I worked almost 35 years for my private sector employer with a guarantee that I would receive X dollars when I retire. I planned my retirement future on that guarantee. If my company were to file bankruptsy and try to terminate or reduce my guaranteed pension, that would financially destroy me. I would hope this judge were in my corner...........

59 posted on 07/19/2013 3:09:43 PM PDT by Hot Tabasco (This space for rent)
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To: HChampagne

Attractive for a judge. Send her to my house, and I’ll impeach her!


60 posted on 07/19/2013 3:09:59 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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