Detroit— A bankruptcy judge has overruled objections to the city’s bankruptcy filing, freezing several lawsuits filed against Detroit and will allow the bankruptcy case to proceed in federal court.
U.S. District Judge Steven Rhodes also decided Wednesday that an automatic stay triggered by Detroit’s Chapter 9 filing extends to Emergency Manager Kevyn Orr, Gov. Rick Snyder and members of the restructuring team.
The judge noted that in recent Chapter 9 cases, it was the bankruptcy court that determined all of the eligibility issues raised by creditors.
Rhodes’ decision comes after city lawyers — during a hearing that lasted almost two hours over the biggest municipal bankruptcy case in U.S. history — argued Wednesday morning that Detroit would be “irreparably harmed” if retirees were able to block its Chapter 9 filing.
Rhodes ordered recess shortly before noon and resumed the hearing shortly after at 2 p.m.
Retirees and city pension fund lawyers have been trying to fight the bankruptcy case because, they say, the filing is trying to violate constitutional protections of vested pension benefits.
City lawyer Heather Lennox argued Wednesday the city would be “prevented from accessing necessary protections” of a Chapter 9 bankruptcy filing.
Lawyers for the city and several creditors, including unions and pension funds, sparred in court before Rhodes as he convened the first hearing in Detroit’s historic bankruptcy case Wednesday morning.
Union lawyers argued at Wednesday’s hearing the city’s bankruptcy filing is flawed because it is designed to slash retiree pension benefits.
Attorney Robert Gordon, who represents the city’s pension funds, made the argument during the first hearing in the biggest municipal bankruptcy filing in U.S. history that attracted dozens of lawyers, reporters and protesters to the federal courthouse in downtown Detroit.
“There simply has not been a valid bankruptcy petition,” Gordon told Rhodes.
The Chapter 9 filing is trying to override the state constitution, which protects vested pension benefits, added Sharon Levine, an attorney who represents Michigan Council 25 of the American Federation of State, County & Municipal Employees, AFL-CIO.
“The filing is arguably flawed because it is going after pensions,” Levine told Rhodes.
State residents “have an absolute right to protect their constitutional rights,” she added.
Rhodes himself appeared at ease Wednesday. After a UAW attorney joked about placing a bet, he fired back.
"We don't permit that," Rhodes joked.
Following the morning hearing, Sharon Levine, an attorney with Lowenstein Sandler LLP, which is representing AFSCME, said outside the courthouse she was pleased with the opportunity to be heard by the judge.
"He appeared to be really considerate of the arguments we were making. He appeared to be really concerned about our members and the people of Detroit," she said.
Earlier, a city lawyer urged Rhodes to block the lawsuits against Orr, Snyder and members of the restructuring team. According to a city attorney, Orr was in the federal court building on Wednesday.
The lawyer, Lennox, said the automatic stay triggered by Detroit’s bankruptcy filing should be extended to the public officials and members of Orr’s team.
Orr’s legal team wanted Rhodes to take over three state court lawsuits filed by retirees, current city workers and Detroit’s pension funds. Attorneys for labor unions and the city’s two pension funds argue the bankruptcy filing endangers earned pension benefits for nearly 20,000 retirees and 10,000 current city workers in violation of the state constitution.
“That kind of activity needs to stop,” Lennox told the judge.
Rhodes has sole jurisdiction over the city’s bankruptcy case and needed to make that clear, Lennox said.
“This court has jurisdiction over this case, and only this court,” Lennox argued. “Widespread litigation…can only confuse the parties.”
Wednesday’s hearing is the opening salvo of a legal protracted battle between Orr and the city’s unsecured creditors, who are owed $11.5 billion.
Chief U.S. District Judge Gerald Rosen also will mediate in the case, according to a federal court filing, which states: "Chief Judge Rosen may, in his discretion, direct the parties to engage in facilitative mediation, under his direction, with such other mediators as he may designate. The fees and expenses of any such mediators shall be shared by the parties as directed by Chief Judge Rosen."
Ahead of and after the hearing, protesters were outside the federal courthouse.
"For me, there's a responsibility for this governor to uphold the state constitution. I don't think the governor is doing that," said Ed McNeil of AFSCME Local 25. "People elected the governor to follow the law. He's got to follow the law."
The potential cuts to pensions are unknown, McNeil said, but rejected claims by Orr and Snyder that efforts were made to negotiate.
"(Mr.) Orr has not responded to me at all," McNeil said of his multiple attempts to speak with the emergency manager.
The biggest municipal bankruptcy case in U.S. history is being watched closely by creditors and governments throughout the country because of its potential implications on the nation’s municipal bond market and the sanctity of public pension funds.
The day’s events began at 9 a.m. with Rosen briefing reporters from as far away as Japan, China and Norway about how the bankruptcy proceedings will be handled in the Theodore Levin U.S. Courthouse.
On Monday, Rhodes ordered extra security and restricted access for Wednesday’s hearing, limiting creditors to two attorneys apiece in the first-floor courtroom. A scheduling conference in the bankruptcy proceedings is scheduled for Aug. 2.
Labor unions, religious leaders and liberal political action groups also are planning a 2:30 p.m. rally outside the courthouse on West Lafayette Boulevard to protest potential cuts to pensions.
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