Judge Declares Detroit Bankrupt; Gives OK to Cut Pensions, Burn Creditors

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Judge Declares Detroit Bankrupt; Gives OK to Cut Pensions, Burn Creditors

Thursday, 05 December 2013 10:30

Written by Bob Adelmann

In the opening to his hour-long statement to a packed courthouse on Tuesday, federal bankruptcy court Judge Steven Rhodes said:

It is indeed a momentous day. We have here a judicial finding that this once proud and prosperous city can’t pay its debts. It’s insolvent.

It’s eligible for bankruptcy. At the same time it has an opportunity for a fresh start.

He reeled off the list of problems the city is facing: another deficit this year approaching $400 million, similar to those the city has run up every year since 2008, pension liabilities and debt service that eat up nearly 40 cents of every dollar of revenue, half of property owners not paying their real estate taxes, police departments that solve less than 10 percent of crimes, 78,000 empty houses, streetlights gone dark, ambulances that don’t run, citizens fleeing to the suburbs, tax base eroding, bad decisions, political corruption — the list went on and on.

He blamed the burgeoning retiree healthcare and pension plan costs, the borrowing to cover those deficits over the past five years, poor record keeping, antiquated computers and software, and “13th-month” checks.

And then he dropped the bomb: Pension benefits are a contractual right and are not entitled to any heightened protection in a municipal bankruptcy.

Translation: Guarantees in the Michigan state constitution that such benefits are sacrosanct just evaporated. That means that some 23,000 retirees and another 9,000 current city employees are going to have to tighten their belts, along with banks, bond investors, and other institutions who bought up Detroit’s bonds over the years.

How much of a cut? When Kevyn Orr, the financial manager appointed to oversee Detroit’s difficulties by Michigan Governor Rick Snyder, offered creditors the opportunity to swap $11 billion of their debt for a $2 billion “note” — a haircut of 82 percent — they walked away from it, setting in motion the bankruptcy filing in July and the ruling earlier this week. Now it appears they’ll be lucky to get 10 cents on the dollar.

Pensioners are bracing for the worst. Rumors abound that some will lose at least 10 percent of their benefits, others up to 50 percent. Articles offering alternatives have suggested “tiers” of benefit cuts that would affect older retirees less, younger ones more, using some sort of staged reductions over time. Those expecting higher payouts may be cut more, while those still working will likely see less and have to wait longer to get them.

A union immediately filed an appeal claiming that Rhodes erred in overriding the state’s constitution while Bruce Babiarz, a spokesman for the Detroit Police and Fire Retirement System, bluntly stated: "[Ours] is one of the strongest protected pension obligations in the country.… If [Rhodes’] ruling is upheld, this is the [dead] canary in the coal mine for protected pension benefits across the country. They’re gone."

Orr has given himself until January to come up with a plan, and everything is on the table: pension and healthcare cuts, bond haircuts, selling city-owned art and other assets, including the Coleman A. Young International Airport, Belle Isle Park, and half of the Detroit-Windsor Tunnel. Said Orr: “We’re trying to be very thoughtful, measured and humane. The reality is there is not enough money to address the situation no matter what we do.”

While most of the headlines are focusing on the judge’s ruling, something else is happening in Midtown Detroit: The micro-economy there is booming. As Karen De Coster has repeatedly noted:

[Downtown] Detroit has become the place to be, and has thus moved from being a city known for white flight to a city where all kinds of people — including white people — can’t get there fast enough.

Occupancy rates in popular Midtown have pushed over 95%....

I've lived here my whole life and I have never before seen such a fun and amazing hodgepodge of people.

Writing for the Detroit News, Nolan Finley said, “Downtown seems to be immune to Detroit’s broken finances. It’s booming, thanks to private investments and its sudden emergence as a cool city for young people to live and work in. Private dollars take care of everything from street clean-up to security.”

Pensioners, city workers, bond holders, and banks are learning the hard way about the inevitability of mathematics. Those lessons are going to be hard on many unsuspecting, trusting individuals. And some of those lessons haven’t yet been learned by those who should know better.

Six days after Orr moved to declare bankruptcy, the state of Michigan approved plans for a bond issue to help pay for a new $444-million arena for the Detroit Red Wings hockey team. Taxpayers would be enlisted to pay off those bonds, of course, all in the name of “stimulating” the economy. Governor Snyder said that such a project would be “a huge momentum shift” for economic activity, and that it would tie in nicely with nearby baseball and football stadiums. He said, "It’s something that hopefully will be a tax-base generator. Not the arena as much per se, but all the surrounding development."

Orr himself, who has witnessed first-hand how such spending on “hopeful” projects in the past has driven the city’s finances into the ground, added:

There’s always a debate about does this pan out?

The reality is we are so needy of some economic development, I can’t see how we don’t pursue it because if we don’t, what’s left?

These are the lyrics of the same song sung back in 1997 when Detroit built the 40,000-seat baseball park for the Detroit Tigers (shown). Then Governor John Engler said the new stadium would “symbolize” the city’s renewal.

And in 1999 when the city decided to build Ford Field for the Detroit Lions football team, Chairman William Ford said this would “showcase the city’s turnaround.”

Some lessons have to be learned over and over. Allowing individuals to make financial decisions based on the free market is always the way to simulate an economy. That’s what’s driving Midtown.

On the other hand, politicians making promises that can’t be kept, to be paid for by others, is the lesson that the Detroit bankruptcy is able to teach, but only to those willing to listen.
 

Jim in Idaho

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"On the other hand, politicians making promises that can’t be kept, to be paid for by others, is the lesson that the Detroit bankruptcy is able to teach, but only to those willing to listen."

That is the entire problem in a nutshell. Write that down, and remember it. Thanks, Red.
Jim
 

onfire

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Funny they just found out the city is broke. Maybe they gave to much to the kings campaign??? If they fence it in maybe they can sell the movie rights to a Escape from Detroit even with out the snake.
 

Native Floridian

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This was among a raft of articles i read yesterday before posting here.

As i posted on the other thread no one has been cut yet.

The line about pensioners being lucky to get 10% - Take your pick - Hyperbole - catastrophication - or just good all artistic license. Regardless, not fact.

Note: one appeal has already been filed. Ding - round one begins!!!!
 

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Native Floridian

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"On the other hand, politicians making promises that can’t be kept, to be paid for by others, is the lesson that the Detroit bankruptcy is able to teach, but only to those willing to listen."

That is the entire problem in a nutshell. Write that down, and remember it. Thanks, Red.
Jim

This has little to do with promises not kept. The simplistic view would be to blame it on the politicians. Anyone taking that from this has learned the wrong lesson.

The Detroit bankruptcy is much more complicated than that. Decades in the making, with not only politicians in the mix, but the economy, changing demographics, and the move of the US economy to a service base. Business, big and small gets a tag as well.

Detroit has become a rust belt city unable to compete as business moved out and the population followed.

There is not a city in this country that could lose half it's tax base and stay afloat. That's not a political issue. it's an economic issue.

One need look no further than the ghost towns in Nevada, Colorado, Utah, Montana, Arizona and California to understand what happened to Detroit. Once the gold and silver dried up, the towns collapsed.
 

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This was among a raft of articles i read yesterday before posting here.

Interesting,you read an article yesterday that didnt come out until 10:30 this morning.
 

Native Floridian

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Interesting,you read an article yesterday that didnt come out until 10:30 this morning.

Yup!!!

Let me say it this way, the information in this article was out there yesterday. Truthfully, i didn't note who wrote it. So it was either this article or your guy, here, plagiarized it from what was written yesterday. Either way, all the info in this article has been out there for at least a day. There were at least a dozen articles and news releases. i read most of them to get a handle on what was fact and what was hyperbole. My post was based on fact.

Let me sum up my posts with this thought: The pensioners of Detroit are victims. It certainly looks like some, if not all will have to take a cut at some level. it is my sincerest hope that it isn't severe. And certainly not the 90% quoted as fact in your article.
 

Jim in Idaho

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This has little to do with promises not kept. The simplistic view would be to blame it on the politicians. Anyone taking that from this has learned the wrong lesson.

The Detroit bankruptcy is much more complicated than that. Decades in the making, with not only politicians in the mix, but the economy, changing demographics, and the move of the US economy to a service base. Business, big and small gets a tag as well.

Detroit has become a rust belt city unable to compete as business moved out and the population followed.

There is not a city in this country that could lose half it's tax base and stay afloat. That's not a political issue. it's an economic issue.

One need look no further than the ghost towns in Nevada, Colorado, Utah, Montana, Arizona and California to understand what happened to Detroit. Once the gold and silver dried up, the towns collapsed.
That's right...but they didn't leave a pile of debt behind, or a bunch of broken promises....that's the difference. You're defending Detroit because it's been run by nobody but liberals for 50 years. There are many cities in the Untied States that are going downhill, but many of them are still solvent. Only the Dems in Detroit refused to live within their means. To keep getting elected, they kept making promises with other people's money. You can dance all you want, but that's the simple truth.
Jim
 

Native Floridian

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That's right...but they didn't leave a pile of debt behind, or a bunch of broken promises....that's the difference. You're defending Detroit because it's been run by nobody but liberals for 50 years. There are many cities in the Untied States that are going downhill, but many of them are still solvent. Only the Dems in Detroit refused to live within their means. To keep getting elected, they kept making promises with other people's money. You can dance all you want, but that's the simple truth.
Jim

Many cities in the United States are not living within their means, both dem and republican. Living high is only one factor in municipal bankruptcy. Economics, misappropriation, mismanagement, changing demographics, damaged credit ratings, and even corruption have played leading rolls in Muni bankruptcies.

The prior biggest bankruptcy was Jefferson County Alabama. put under by a corrupt republican. Then there is Orange County California -done in, not by a politician, but by a manager who was ahead of his time in making wrong headed hedge investments with the city's money. BTW, in that case all bond holders got back 100% of their money and interest!

That said, you are welcome to whatever opinion makes your world work. Wanna blame it on the libs, go for it!!!!

it won't change the reality of what really happened, but at least you'll feel better.
 

jeff of pa

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Yea I feel sorry for these people who are all going to have to live day by day Like i do :(


NOT !

misery certainly loves company :laughing7:

and it's actually more satisfying
 

Bum Luck

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Yea I feel sorry for these people who are all going to have to live day by day Like i do :(


NOT !

misery certainly loves company :laughing7:

and it's actually more satisfying


Trouble is, that's no way to live.
 

TheRingFinder

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Gee I wonder why Detroit is in the state it is: Again, common sense.

It's now been a week since Detroit filed for bankruptcy and yet ABC, CBS and NBC have resisted considering what caused the financial failure, details such as the city's massively high tax rate, failed educational system and the total Democratic dominance for 50 years. On Sunday's Meet the Press, anchor David Gregory bluntly asked Chuck Todd, a former Democratic operative, who was responsible for Detroit's collapse: "...Who let Detroit down? Which politicians let them down?"

Rather than point out that Democrats have controlled the city for 51 years, that Republicans haven't held the mayor's office since 1962, Todd evasively responded, "I think there was poor governance in Detroit for a very long time. This turned into a machine political town." Who was responsible for the poor governance? Which machine in particular? Todd didn't say.
 

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