The ruling by U.S. Judge Steven Rhodes marks a watershed in the history of Detroit, once the cradle of the U.S. auto industry and now a symbol of urban decay and mismanagement.
Detroit's state-appointed emergency manager, Kevyn Orr, had painted bankruptcy as Detroit's best bet for a return to financial stability, and Rhodes' ruling will now give Orr and other civic leaders an opportunity to test that argument.
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Detroit's labor unions, retirees and pension funds, all of which likely will bear the brunt of austerity measures Orr plans to impose, had argued against the city's bankruptcy in a nine-day eligibility trial. Orr has said he plans to impose a restructuring plan by the end of the year.
Rhodes also said that the city could cut pensions as part of the restructuring, despite the argument that Michigan's constitution protects them from being slashed. However, Rhodes warned he will not rubber-stamp any pension cuts.
"Nobody should interpret this holding, that pension rights are contract rights, to mean that this court will necessarily confirm any plan of adjustment to impair pensions. It will not casually or lightly exercise the power under federal bankruptcy law to impair pensions," Rhodes said.
He declined to stay the bankruptcy proceedings as potential appeals proceed through the courts. He also turned down an effort to allow any appeals of his ruling to go directly to the 6th Circuit U.S. Court of Appeals. Rhodes declared that motions to appeal the case must first be filed in bankruptcy court. Rhodes previously stayed all state court action in the case.
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Detroit is burdened by $18.5 billion in debt as it struggles to provide even the most basic services to the city's 700,000 residents. About 40 percent of the city's streetlights do not work and about 78,000 abandoned buildings litter the city, whose population peaked at 1.8 million in 1950.
In order to meet federal eligibility requirements, Detroit had to prove that it is insolvent, it was authorized to file for bankruptcy and that it negotiated with creditors in good faith or that negotiations were impractical.
City unions, retirees and pension funds had objected in court to Detroit's filing, contending during a nine-day trial in November that Orr did not negotiate in good faith and drove the city into bankruptcy court instead. Orr, a former bankruptcy lawyer, was appointed in March by Michigan Governor Rick Snyder, a Republican.[/justify
To date, based upon what I've seen, I still really like Kevyn Orr. He strikes me as a 0.0% bullshit kind of guy. He did one of the Sunday shows back around March or April and he absolutely, positively refused to get sucked into the political BS, saying that his job was to do whatever he had to do to get the city back on track. I really liked that about him.
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