Detroit Getting Ready for Bankruptcy- Largest US City to Ever File

DonGlock26 · Dec 7, 2012

State laying groundwork for managed bankruptcy for Detroit

From The Detroit News: http://www.detroitnews.com/article/20121207/OPINION03/212070365#ixzz2EONDID14

Even as the state Treasury prepares to begin another financial review of Detroit's books, a plan is being solidified in the governor's office that would guide Michigan's largest city through what is being called a managed bankruptcy.

The working concept, still evolving, assumes that the state's financial review would find severe financial distress in Detroit, that Mayor Dave Bing and City Council would be unable to push through overdue restructuring, and that the process would culminate in appointment of an emergency financial manager under Public Act 72.

The case would be filed under Chapter 9 of the federal bankruptcy code, according to two ranking sources familiar with the situation, following efforts to reach prenegotiated settlements with as many key creditors unions, vendors and pension funds among them as possible before any filing.

"Clearly, we will always try to do that," one source familiar with the situation said in an interview Thursday. "You can move on a much more expedited basis if you can demonstrate that your cash is running out" as Detroit clearly is with each passing week.

The evolving bankruptcy scenario is a clear signal that Gov. Rick Snyder and Treasurer Andy Dillon have lost confidence in the ability of the mayor, his management team and council to honor their commitments under the eight-month-old consent agreement with the state, or to make any meaningful progress on restructuring.

Contingency planning in Lansing for a possible Chapter 9 bankruptcy filing is not likely to be popular inside council chambers or the Mayor's Office. But it's the responsible and necessary thing to do, whatever the protests from the elected officials whose denial and self-delusion are hastening the arrival of a reckoning they can no longer avoid.

The goal of a managed bankruptcy is to streamline the protracted process by minimizing the chaos, uncertainty, delay and steep costs associated with Chapter 9. It would be the largest municipal bankruptcy in the nation's history, an unambiguous symbol of the city's epic failure and a chance for a fresh start.

"That's exactly the strategy you should do," said Douglas Bernstein, managing partner of Plunkett Cooney's banking, bankruptcy and creditor rights group. "You're never going to be able to get all the unions and all you need to agree in advance, not a chance. You try to do it outside of bankruptcy or you drop it in. It's prudent, too. It's very prudent."

In bankruptcy, pre-packaged deals arrange settlements with all creditors in advance of a filing that is usually followed quickly with a plan of reorganization (called "plan of adjustment" in Chapter 9). A pre-negotiated deal akin to the one being explored in the Governor's Office would reach settlements with some creditors and leave others to be litigated in court.

A Chapter 9 filing for Detroit may be increasingly likely given the dysfunction and infantile posturing atop City Hall. But bankruptcy is not yet certain, provided three obstacles can be removed or settled outside of court: pending litigation designed to slow the process; pension debt of $1.4 billion and $440 million in outstanding swap contracts; and liabilities for retiree health care.

Planning for a possible bankruptcy of Detroit should not be surprising coming from Snyder, an accountant-turned-CEO, and Dillon, a former investment banker. Both possess keen financial minds, strategic savvy and a habit for planning further ahead than most politicians, particularly the elected officials in Detroit flailing from one crisis to the next.

In anticipation of Detroit's financial collapse, for example, Dillon retained an investment banking firm in December 2010 before taking office to advise the Treasury on ways to restructure Detroit's balance sheet, reduce its liabilities and return the city's credit rating to investment grade.

City Council, by comparison, is blocking the mayor's effort to hire a local law firm, Miller Canfield, citing conflicts of interest. Nor has the city, likely about a month away from Snyder appointing an emergency financial manager, showed any inkling of forward planning and retained bankruptcy counsel.

It should, because there is no president of the United States or consortium of banks coming to the rescue. Both Public Act 72, the existing emergency financial manager law, and revised legislation that passed the House this week enable an emergency financial manager and his counsel to negotiate settlements with creditors in advance of a Chapter 9 filing.

Under Public Act 72, an emergency financial manager cannot move to abandon the city's financial workout plan in favor of bankruptcy until 180 days have passed. But the timeline to Chapter 9 filing can be accelerated if the city is in danger of running out of cash.

Still, bankruptcy for Detroit would require the governor to first appoint an emergency financial manager. The appointee would be charged with devising a financial plan, making it public and beginning the effort to execute it unless the city's meager cash hoard runs out first.

It probably will, which is why the governor and his treasurer are taking their jobs seriously and planning for the worst. Someone has to.

From The Detroit News: http://www.detroitnews.com/article/20121207/OPINION03/212070365#ixzz2EONI3jQw
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Republicans are about to take over and manage Detroit's bankruptcy. The Democrats in Detroit cannot deal with their own finance disaster.
This is what Democrat rule can do to a great American city.

Foolardi · Dec 7, 2012

There have been different reports on this.Last week I saw an article stating
that Detroit was in the process of being declared a Displaced city.
The Governor { Rick Snyder } was on - Greta - last night explaing the state of
Michigan.Basically talking about the Big Labor Protests at the Capital trying to
intimidate as they did in Wisconsin.And that he wants to follow the Mitch Daniels
Right to Work model in Indiana.
Greta asked about Detroit where Unemployment is at 18.9%.
Snyder said that Michigan has special laws in place to handle Big City like
Detroit when they fall into insolvency.That Emergency Management kicks-in
and the state can use 30 day Emergency measures and outside Managers to
bring the city into solvency.

waltky · Jul 19, 2013

Detroit files for bankruptcy...

Once-mighty Motor City files for bankruptcy
Jul 18,`13 -- Once the very symbol of American industrial might, Detroit became the biggest U.S. city to file for bankruptcy Thursday, its finances ravaged and its neighborhoods hollowed out by a long, slow decline in population and auto manufacturing.

The filing, which had been feared for months, put the city on an uncertain course that could mean laying off municipal employees, selling off assets, raising fees and scaling back basic services such as trash collection and snow plowing, which have already been slashed. "Only one feasible path offers a way out," Gov. Rick Snyder said in a letter approving the move. The filing marked a turning point for city and state leaders, who must now confront the challenge of rebuilding Detroit's broken budget in as little as a year. Kevyn Orr, a bankruptcy expert hired by the state in March to stop the city's fiscal free-fall, said Detroit would continue paying its bills and employees.

But, said Michael Sweet, a bankruptcy attorney in Fox-Rothschild's San Francisco office, "they don't have to pay anyone they don't want to. And no one can sue them." The city's woes have piled up for generations. In the 1950s, its population grew to 1.8 million people, many of whom were lured by plentiful, well-paying auto jobs. Later that decade, Detroit began to decline as developers starting building suburbs that lured away workers and businesses. Then beginning in the late 1960s, auto companies began opening plants in other cities. Property values and tax revenue fell, and police couldn't control crime. In later years, the rise of autos imported from Japan started to cut the size of the U.S. auto industry.

By the time the auto industry melted down in 2009, only a few factories from GM and Chrysler were left. GM is the only one with headquarters in Detroit, though it has huge research and testing centers with thousands of jobs outside the city. Detroit lost a quarter-million residents between 2000 and 2010. Today, the population struggles to stay above 700,000. The result is a metropolis where whole neighborhoods are practically deserted and basic services cut off in places. Looming over the crumbling landscape is a budget deficit believed to be more than $380 million and long-term debt that could be as much as $20 billion.

In recent months, the city has relied on state-backed bond money to meet payroll for its 10,000 employees. "It's an embarrassment, number one, to come to the realization that we're actually in this situation," said Kevin Frederick, an admissions representative for a local career training school. "Not that we didn't see it coming. I guess we have to take a couple of steps backward to move forward." Orr made the filing in federal bankruptcy court under Chapter 9, the bankruptcy system for cities and counties. He was unable to persuade a host of creditors, unions and pension boards to take pennies on the dollar to help with the city's massive financial restructuring. If the bankruptcy filing is approved, city assets could be liquidated to satisfy demands for payment. Orr said Thursday that he "bent over backward" to work with creditors, rejecting criticism that he was too rigid. "Anybody who takes that position just hasn't been listening." The bankruptcy could last through summer or fall 2014, which coincides with the end of Orr's 18-month appointment, he said.

MORE
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Thehumankind · Jul 19, 2013

Detroit is a great City.

From the metro area economy, Michigan was second in the U.S. in 2004 for in new corporate facilities and expansions.[16] From 1997 to 2004, Michigan was the only state to top the 10,000 mark for the number of major new developments.[16] Among metro areas with more than one million people, Metro Detroit was fourth in the U.S. from 2007 to 2009 for new corporate facilities and expansions.[17][18] Metro Detroit has one of the nation's largest office markets with 147,880,000 square feet (13,739,000 m2).[19] Major inter-connected office complexes include the 5,500,000 sq ft (510,000 m2) Renaissance Center, the 2,200,000 sq ft (200,000 m2) Southfield Town Center, and the 1,395,000 sq ft (129,600 m2) Cadillac Place joined with the 487,000 sq ft (45,240 m2) Fisher Building in the historic New Center area

Metro Detroit is among the top five financial centers in the U.S. having all of the big four accounting firms.[47] The area's major financial service employers include Quicken Loans, Ally Financial, Ford Motor Credit Company, Bank of America, Comerica, PNC Financial Services, Fifth Third Bank, JP Morgan Chase, GE Capital, TD Auto Finance, Deloitte Touche, KPMG, Ernst & Young, PricewaterhouseCoopers, Baker Tilly, Plante Moran, Robert Half International, and Raymond James.

As the world's traditional automotive center, Metro Detroit is headquarters to America's "Big Three" automakers, General Motors, Ford Motor Company, and Chrysler.[11][83][84] Virtually every major global automaker has a presence in the area including technology and design centers. Oakland County's "Automation Alley" has over 1,800 of world's advanced technology companies with Metro Detroit ranking fifth in the U.S. in technology sector employment.[10][85][86] There are about 4,000 factories in the area.[87] The automotive headquarters for the Society of Automotive Engineers (SAE) is in the suburb of Troy. OnStar and GMAC are a source for growth. In spite of foreign competition for market share, Detroit's automakers have continued to gain volume from previous decades with the expansion of the American and global automotive markets. Manufacturing in the state grew 6.6% from 2001 to 2006,[88] In 2008, an economic and financial crisis impacted global auto industry sales. For 2010, the domestic automakers reported significant profits indicating the beginning of rebound.[89][90][91][92][93][59] The sales revenue from just one of Detroit's automakers exceeds the combined total for the all of the top companies in many major U.S. cities. A Center for Automotive Research (CAR) study estimated that tax revenue generated by the automotive industry in the United States for a single year, 2010, amounted to $91.5 billion in state and local tax revenue and additional $43 billion in federal tax revenue.[
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http://en.wikipedia.org/wiki/Economy_of_metropolitan_Detroit

And the Move I think,
will give the city a space to relieve itself from economic tensions
and strain so that it could recover from the slump and invigorate
again the economy.

In many ways, a Chapter 9 filing is akin to Chapters 11 and 13 of the bankruptcy code, which deal with business and personal reorganizations, respectively. Under all three scenarios, debtors get a reprieve for paying creditors while they propose and implement a restructuring plan. But unlike private citizens and companies, municipalities are sovereign entities, which present an unusual wrinkle, Adams says.

"Realistically, the court doesn't have as much power to force the city to do anything," Adams says. "So, unlike other provisions of the bankruptcy code where the creditors have a vote on the reorganization plan, the city has a lot more latitude."

Once a municipality is bankrupt, it can cut costs, which usually means fewer services such as firefighting, garbage collection and library branches, according to the Los Angeles Times. Or it can increase revenue by raising taxes. Usually, it's a combination of both, Adams says. But real change is often a matter of political will.
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http://www.bankrate.com/finance/economics/city-files-bankruptcy-1.aspx

Osiris Faction · Jul 19, 2013

DonGlock26 said: ↑

Republicans are about to take over and manage Detroit's bankruptcy. The Democrats in Detroit cannot deal with their own finance disaster.
This is what Democrat rule can do to a great American city.
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That funny considering I live in Michigan...and it's been a republican run state for some time now.

cd8ed · Jul 19, 2013

Obama, October 13, 2012

But we refused to throw in the towel and do nothing, We refused to let Detroit go bankrupt.”
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Another favorite:
Obama, March 11, 2006

The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a Sign that the US Government cannot pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies.
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At least he is consistant

samiam5211 · Jul 19, 2013

Detroits population has steadily declined since 1950. Going from 1.8 million people to 750k is tough on a budget.

logical1 · Jul 19, 2013

This is what happens to a government run by democrats in bed with the unions. They cant blame Bush on this one.

samiam5211 · Jul 19, 2013

logical1 said: ↑

This is what happens to a government run by democrats in bed with the unions. They cant blame Bush on this one.
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This is what happens when the business cycle causes a city to lose 60% of its population.

Pollycy · Jul 19, 2013

DonGlock26 said: ↑

Republicans are about to take over and manage Detroit's bankruptcy. The Democrats in Detroit cannot deal with their own finance disaster.
This is what Democrat rule can do to a great American city.
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Since this is the only thread regarding the spectacular Detroit bankruptcy that hasn't been deleted yet (?), I guess we'd better make our posts quickly!

Prior to this largest-ever American municipal bankruptcy, the worst one was in Stockton, California, and that one was microscopic compared with the Mt. Everest of debt that Detroit owes -- approximately $20,000,000,000. Yeah, TWENTY BILLION DOLLARS. Writing posts about debts and deficits in the United States in the 21st-Century has worn off the number on the "zero" key on the keyboard.

What caused it? Well, in the case of Stockton, the story is there for all to read: http://www.huffingtonpost.com/2012/07/04/stockton-bankruptcy_n_1648634.html

Great Keynesian "thinkers", like the Federal Reserve's Ben "Helicopter" Bernanke will tell you we need more and more spending, every day, all the time, and to hell with the "balance sheet". But what killed Stockton was, "The Result of 15 Year Spending Binge" -- and that's from the liberal Huff-puff propaganda organ, not Fox News or some "right wing nut-job" news source.

Back to Detroit... if there has been the perfect example of hyperliberal, out-of-control, reckless spending in any American city, surely it has been in Detroit! Big labor unions, the growing Welfare State bloc, and corrupt, self-serving political criminals have been in the process of destroying Detroit for over thirty years, and they finally succeeded! Congratulations! THIS is what Socialism looks like, up close and personal! THIS is what Socialism does when it infects a healthy body built on free market values and enterprise. DETROIT is what the entire United States (with the possible exception of the Dakotas, Wyoming, and Texas) will look like because of hyperliberal Socialists like Barack Hussein Obama and the other fairyland morons who have utterly failed to demonstrate even the most rudimentary understanding of economics and the repercussions of economic policies....

http://www.fireandreamitchell.com/2...y-in-2011-guess-what-they-all-have-in-common/

waltky · Oct 25, 2013

Update on Detroit bankruptcy progress...

Detroit on 'razor's edge' weeks before bankruptcy
October 24, 2013 Short of cash, Detroit was delaying payments to vendors and "operating on a razor's edge" weeks before it filed for bankruptcy protection, the head of the city's turnaround team testified Thursday.

Ken Buckfire, a Wall Street investment banker and Detroit-area native, gave the most detailed testimony so far on the second day of a trial that will determine whether the city can stay in bankruptcy court and eventually unsaddle $18 billion in debt. Detroit must show it's broke and tried in good-faith to negotiate with creditors. Unions and pension funds with much money at stake claim the city didn't hold genuine talks and therefore the case should be thrown out. Buckfire's firm, Miller Buckfire, got involved in Detroit's finances before the bankruptcy. He arrived in 2012 as the state of Michigan signed an agreement with the city to make certain changes in exchange for financial support. The deal fell apart and eventually led to the appointment of an emergency manager last March.

Buckfire said many city assets were considered for possible sale but none were viable, including a small airport "effectively worth nothing" and the water department, which he described as a "very complicated situation." He said art is being appraised at the Detroit Institute of Arts, a museum that is operated on the city's behalf. By last spring, there were estimates that Detroit soon would be down to just $7 million, a small vein of cash in an annual budget of more than $1 billion, while payments to vendors were repeatedly delayed, Buckfire said. "The city was operating on a razor's edge of liquidity. ... There was nothing of significance that could be converted to cash to avert a cash crisis in June or July," he said.

Protesters rally outside The Theodore Levin United States Courthouse in Detroit, Wednesday, Oct. 23, 2013. The city of Detroit for months has disclosed the awful condition of its finances. Now its up to a judge to determine if the largest public bankruptcy in U.S. history really can go forward. An unusual trial starts Wednesday, pitting Detroits emergency manager and his legal team against unions and pension funds that claim the city isnt qualified to scrub its books clean under Chapter 9 bankruptcy.

Emergency manager Kevyn Orr, appointed by the Michigan governor to run Detroit, announced in June that the city would stop making payments on $2.5 billion in unsecured debt. The Chapter 9 bankruptcy filing came a month later. Lawyers opposed to the bankruptcy asked that much of Buckfire's testimony be stricken. They said he offered too much opinion about finances that went beyond the scope of his role in Detroit. "Part of our job here is to set forth the story of the decisions that were made and the reasons they were made," Detroit attorney Thomas Cullen Jr. told the judge. "This witness has done that. He was an operative figure in real time. ... It has to be admissible." Judge Steven Rhodes said he would defer a decision until Friday.

Another witness, Charles Moore, a turnaround specialist from the Detroit-area firm Conway MacKenzie, talked about his experiences at City Hall. "A number of departments were severely broken ... unable to perform basic functions," he said. Moore said it would cost $500 million over six years to knock down blighted or abandoned buildings and improve vacant properties. A decision on Detroit's eligibility appears to be weeks away. The trial could end next week, but the judge has set a Nov. 13 deadline for lawyers to file legal briefs on certain issues.

http://www.chron.com/news/us/article/Detroit-on-razor-s-edge-weeks-before-bankruptcy-4922565.php
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DonGlock26 · Oct 25, 2013

Diagnoses: Advanced Stage 4 Liberalism. Prognosis: Fatal

Treatment: Republican Emergency Manager Hospice

hopeless_in_2012 · Oct 25, 2013

I myself see little to no hope for the city of Detroit's finances. I am glad that we have Gov. Snyder as governor to at least try and handle this mess. Detroits problems are caused by many things from population loss, crooked politics, cronyism, loss of manufacturing, crime, and bloated retirement benefits. Fixing the crooked politics is the easy part, overcoming the rest is the impossible part.

puffin · Oct 25, 2013

Osiris Faction said: ↑

That funny considering I live in Michigan...and it's been a republican run state for some time now.
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That's funny you should attempt to claim that the LIB endemic city corruption run by LIB Black elected politicians for decades is somehow anything to do with the State run by REPs. But good try. The day you and yours will ever look reality in the face and except that literally every LIB Black run city in the country is corrupt is the day something might change. BTW, how many Black politicians who used to run LIB cities have been or are presently in jail? That's not counting about four hundred whose cases are working their way through the legal system.

eleison · Oct 25, 2013

puffin said: ↑

That's funny you should attempt to claim that the LIB endemic city corruption run by LIB Black elected politicians for decades is somehow anything to do with the State run by REPs. But good try. The day you and yours will ever look reality in the face and except that literally every LIB Black run city in the country is corrupt is the day something might change. BTW, how many Black politicians who used to run LIB cities have been or are presently in jail? That's not counting about four hundred whose cases are working their way through the legal system.
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Marine1 · Oct 25, 2013

hopeless_in_2012 said: ↑

I myself see little to no hope for the city of Detroit's finances. I am glad that we have Gov. Snyder as governor to at least try and handle this mess. Detroits problems are caused by many things from population loss, crooked politics, cronyism, loss of manufacturing, crime, and bloated retirement benefits. Fixing the crooked politics is the easy part, overcoming the rest is the impossible part.
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I agree with you. Makes little difference who runs the city now. Politics is only a small part of Detroit's problems. But it seems like we want to put a Party label on every issue.

BestViewedWithCable · Oct 25, 2013

[video=youtube;4ZNvC_-RW2Q]http://www.youtube.com/watch?v=4ZNvC_-RW2Q[/video]

Headlesseye · Oct 25, 2013

Pretty funny considering the two worst economic downturns in the last 100 years occurred under Republican rule.

Ethereal · Oct 25, 2013

Headlesseye said: ↑

Pretty funny considering the two worst economic downturns in the last 100 years occurred under Republican rule.
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Republicans were the original progressives, so it's not surprising.

eleison · Oct 25, 2013

Headlesseye said: ↑

Pretty funny considering the two worst economic downturns in the last 100 years occurred under Republican rule.
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nom de plume · Oct 25, 2013

Detroit is already a violent, filthy, putrid, poverty-ridden calcutta, and bankruptcy will make it official. Nevertheless, it is precisely what the affirmative action people of the city want. They will have a unique lifestyle and culture which mirrors South Africa. Detroit is now one of the world's happiest, most evil and care-free cities. The people of Detroit enjoy their white-free, anarchist culture and lifestyle.

Detroiters will be white-free, but President Obama will keep them supplied with welfare cards, funded by working, tax-paying people.

Detroit is but an example of what all of America will look like within 30 years.

May the people of Detroit enjoy their self-determination.

DonGlock26 · Oct 25, 2013

hopeless_in_2012 said: ↑

I myself see little to no hope for the city of Detroit's finances. I am glad that we have Gov. Snyder as governor to at least try and handle this mess. Detroits problems are caused by many things from population loss, crooked politics, cronyism, loss of manufacturing, crime, and bloated retirement benefits. Fixing the crooked politics is the easy part, overcoming the rest is the impossible part.
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Many of those are branches of the progressive leadership/policy tree. Progressives fail to deal decisively with crime, low school scores, and decay thus causing white and black middle class flight. Federal and state policy subsidizes illegitimacy via the welfare state spawning a limitless supply of youth that are uneducated due to a lack of civility taught at home and likely to get involved in crime due to a lack of adult supervision and parenting. The rest is a death spiral.

- - - Updated - - -

puffin said: ↑

That's funny you should attempt to claim that the LIB endemic city corruption run by LIB Black elected politicians for decades is somehow anything to do with the State run by REPs. But good try. The day you and yours will ever look reality in the face and except that literally every LIB Black run city in the country is corrupt is the day something might change. BTW, how many Black politicians who used to run LIB cities have been or are presently in jail? That's not counting about four hundred whose cases are working their way through the legal system.
Click to expand...

[video=youtube;5PdHC9kAJK4]http://www.youtube.com/watch?v=5PdHC9kAJK4[/video]

DonGlock26 · Oct 25, 2013

eleison said: ↑

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Brand "D" = epic fail.

The Wyrd of Gawd · Oct 25, 2013

nom de plume said: ↑

Detroit is already a violent, filthy, putrid, poverty-ridden calcutta, and bankruptcy will make it official. Nevertheless, it is precisely what the affirmative action people of the city want. They will have a unique lifestyle and culture which mirrors South Africa. Detroit is now one of the world's happiest, most evil and care-free cities. The people of Detroit enjoy their white-free, anarchist culture and lifestyle.

Detroiters will be white-free, but President Obama will keep them supplied with welfare cards, funded by working, tax-paying people.

Detroit is but an example of what all of America will look like within 30 years.

May the people of Detroit enjoy their self-determination.
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If you can see the future you should be hitting all of the lottery jackpots.

DonGlock26 · Oct 25, 2013

Marine1 said: ↑

I agree with you. Makes little difference who runs the city now. Politics is only a small part of Detroit's problems. But it seems like we want to put a Party label on every issue.
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It's called an autopsy. We need to identify the cause of death and it is "Death by Democrat Management". Obama's showing what it can do at the national level with the economic malaise, truly incredible debt incurred by propping up the welfare state, and the epic failure of his legacy program- Obamacare.

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