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Judge Orders Detroit Bankruptcy Be Withdrawn to Protect Retired Municipal Pensions
Confounded Interest ^ | 07/20/2013 | Anthony B. Sanders

Posted on 07/20/2013 9:04:09 AM PDT by whitedog57

Ingham County Circuit Court Judge Rosemarie Aquilina ordered on Friday that Detroit’s bankruptcy be withdrawn. Aquilina said the 2012 Michigan law that allowed Gov. Rick Snyder to approve the city’s bankruptcy filing, the largest municipal bankruptcy filing ever in the United States, violates the Michigan Constitution. Specifically, Article IX Section 24, which holds that pension plans and retirement systems “shall not be diminished or impaired.”

Aquilina said that she will ensure that President Barack Obama gets a copy of her order. “It’s also not honoring the president, who took [Detroit’s auto companies] out of bankruptcy.”

[This seems like someone saying "I'm going to tell my daddy on you!"]

daddy

“I know he’s watching this,” the Detroit News quotes Aquilina saying, noting that she predicted that Obama would eventually step in and take action.

Michigan Attorney General Bill Schuette on Friday appealed a state judge’s declaratory judgment that the bankruptcy petition Detroit’s emergency manager filed in federal court Thursday should be withdrawn. The appeal of ‘s Friday order was made in the Michigan Court of Appeals on behalf of Governor Rick Snyder, according to a statement from Schuette’s office. Additional motions seeking emergency consideration were expected to be filed later on Friday, the statement added.

Detroit is near the statutory limits of its ability to tax. That power has been dragged down by a drop in the city’s population, down 60 per cent from almost 2 million at the peak in the 1950s to just under 700,000. The led to a 40 per cent drop in tax revenues since 2000. The city has had to borrow money to meet its operating budget which has been slashed. With the City retiree pool currently outnumbering active employees by an over-2 to 1 margin and growing, the City must address pension and retiree!healthcare liabilities as part of any comprehensive restructuring.

Translation: protect the pensions and municipal workers at all cost and screw the bondholders. Just like the GM bailout. GM stockholders and bondholders were destroyed, but GM and its workforce survived.

Given the political contributions from related groups (like the American Federation of State, County and Municipal Employees), I am not surprised that Judge Rosemarie is waving a warning flag to President Obama. And ActBlue is no slouch on Democrat fundraising either.

unioncontrib

We shall see if the courts allow Governor Snyder and Kevyn Orr to succeed in placing Detroit in bankruptcy. Or if President Obama enters the fracas to protect municipal employee retirees. Or Detroit as a whole.

75years

Apparently, Judge Rosemary didn’t buy Kevyn Orr’s opening salvo in the bankruptcy appeal: 154747367-Detroit-Creditor-Proposal

“After decades of fiscal mismanagement, plummeting population, employment and revenues, decaying City infrastructure, deteriorating City services and excessive borrowing that provided short term band-aids at the cost of deepening insolvency, the City of Detroit today is a shadow of the thriving metropolis that it once was. The City does not provide basic and essential services to the residents who remain in the City. Crime is endemic. The City is infested with urban blight, which: (a) depresses property values; (b) provides a fertile breeding ground for crime and tinder for fires (with the attendant disproportionate devotion of police and firefighting resources to abandoned lots); and (c) compels the City to devote precious resources to demolition.”

3085_1packard_4__detroit_2012_6134255

Stay tuned!


TOPICS: Business/Economy; Government; Politics
KEYWORDS: bankruptcy; chapter9; detroit; michigan; obama; rosemaryaquilina; unions
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Obama will intervene to protect his union buddies.
1 posted on 07/20/2013 9:04:09 AM PDT by whitedog57
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To: whitedog57

why didn’t the gummit intervene to protect my husbands company when they went bankrupt?....the Pensions Guarantee board is a joke..


2 posted on 07/20/2013 9:07:53 AM PDT by cherry
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To: whitedog57
"Cracks me up, man. They really think I care."


3 posted on 07/20/2013 9:08:25 AM PDT by Slyfox (Without the Right to Life, all other rights are meaningless.)
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To: whitedog57
compels the City to devote precious resources to demolition.”

So ask for volunteer demo workers....something for the gang bangers to do...(since the population has declined and thus less opportunities for gang banging)

4 posted on 07/20/2013 9:10:21 AM PDT by spokeshave
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To: whitedog57
You have the correct. All one needs to do is look to what this clown did BOND HOLDERS of GM and Chrysler who should have had a higher priority than union pensions what were not funded.

This clown does NOT represent all Americans - only the privileged few e.g. Unions, Liberals, Blacks, and anyone else that subscribed to his philosophy that the US Constitution is basically flawed. Clown believes that he and ValJar were elected to bring about social justice and the last thing they are going to do is ask the states to ratify a Constitutional Amendment, since it is flawed to begin with.

If a sarc tag is needed then here it is /s
5 posted on 07/20/2013 9:13:41 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: whitedog57

I think she is being ignored——http://www.zerohedge.com/news/2013-07-20/ponzi-scheme-expert-oversee-detroit-bankruptcy


6 posted on 07/20/2013 9:13:42 AM PDT by yadent
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To: spokeshave

If the State of MIchigan is required to honor the pensions..this will add billions to state obligations..at the same time that muni bonds become harder to float because of new precedent. If the bond holders are screwed and the tax payers are screwed..the result will be that the states with big debts will be avoided by investors and taxpayers.


7 posted on 07/20/2013 9:14:00 AM PDT by Oldexpat
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To: whitedog57

To paraphrase Star Trek’s Dr. McCoy...”Detroit...it’s dead Jim.”


8 posted on 07/20/2013 9:14:39 AM PDT by The Great RJ (construction)
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To: whitedog57

I am actually looking forward to the day when all those government workers who think they have big fat pensions coming finally figure out that government is a pathological liar.


9 posted on 07/20/2013 9:15:34 AM PDT by E. Pluribus Unum (Who knew that one day professional wrestling would be less fake than professional journalism?)
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To: whitedog57

OK pass a law and make the court pay it.


10 posted on 07/20/2013 9:23:37 AM PDT by mosesdapoet (Serious contribution pause.Please continue onto meaningless venting no one reads.)
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To: whitedog57
This was talked to death in a thread here last night...FWIW, many of the comments...

* She doesn't have standing, it is a federal matter.
* Other comments were both she and the attorneys could be in deep doo-doo for going this route.
* The Federal Bankruptcy Judge was noted on local SE Michigan TV today and is highly regarded.
* This case hits gets before him Monday or Tuesday.

11 posted on 07/20/2013 9:29:57 AM PDT by taildragger (The E-GOP won't know what hit them, The Party of Reagan is almost here, hang tight folks.....)
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To: whitedog57

A judge with no standing to do so.

This judge is gonna get judicially slapped aside.


12 posted on 07/20/2013 9:30:51 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: spokeshave

They could ask arsonist volunteers to simply burn down the abandoned buildings.


13 posted on 07/20/2013 9:30:53 AM PDT by PGR88
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To: whitedog57

What if they just ignore her? These activist judges....


14 posted on 07/20/2013 9:32:35 AM PDT by bigbob
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To: whitedog57
It’s also not honoring the president

Because that's why we have judges...to make sure elected officials are never criticized by their employers. [facepalm]

15 posted on 07/20/2013 9:37:32 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: whitedog57
“I know he’s watching this,” the Detroit News quotes Aquilina saying, noting that she predicted that Obama would eventually step in and take action.

But bankruptcy is governed by state laws and therefore none of his business.

16 posted on 07/20/2013 9:38:28 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: whitedog57

The next step will be for the judge to rule the statutory tax limits unconstitutional, since the pensions are a “constitutional right”.

Then since it is a state constitution, she will rule that the entire state has responsibility to fulfil. And she will raise taxes by judicial decree, to pay the pensions.

Because some judges think a constitution is a suicide pact.


17 posted on 07/20/2013 9:44:54 AM PDT by CharlesWayneCT
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To: E. Pluribus Unum
I am actually looking forward to the day when all those government workers who think they have big fat pensions coming finally figure out that government is a pathological liar.

Nice. They honored their promise to work 30 years or how ever long they needed to and receive a pension and now clowns like yourself are hoping they lose it. I say if you want to criticize the city of Detroit, how about the free loaders who took from the government for life and generation after generation. Of course you hope they will continue to get the freebies I would imagine. Typical liberal.

18 posted on 07/20/2013 9:49:41 AM PDT by napscoordinator (Santorum-Bachmann 2016 for the future of the Country!)
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To: spokeshave

The unions won’t stand for volunteers because that’s taking work away from their members.


19 posted on 07/20/2013 9:52:15 AM PDT by Rusty0604
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To: Oldexpat

gotta think real hard on this one..

bankrupcy filed in FEDERAL court..

ruling by STATE court..

last time i checked that pesky old constitution thingie, the states do not have standing over the feds, unless it is a tenth amendment issue...

the ingham county bought and paid for by the unions judge can order the sky to turn red and green..

she does not have jurisdication..

this is a show for the unions that bought and paid for her..


20 posted on 07/20/2013 9:54:48 AM PDT by joe fonebone (The clueless... they walk among us, and they vote...)
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