Arkansas Democrat-Gazette

Detroit trial reaches final stage

Attorneys say state planned for, didn’t pursue bankruptcy

- JEFF KAROUB

DETROIT — Detroit bankruptcy opponents are confusing careful and deliberate planning by officials with pursuing bankruptcy at all costs, attorneys argued Friday at the end of a trial that will determine the future of the largest public filing in U.S. history.

They “want to punish the governor and treasurer for contingenc­y planning, for doing their jobs,” said Matthew Schneider of the Michigan attorney general’s office. “This was never about predetermi­ning a Chapter 9 filing. This was only about careful considerat­ion.”

Attorneys representi­ng the city and Gov. Rick Snyder were making their final case to a judge who will determine whether Detroit can go into bankruptcy.

Opposing arguments from the city, retiree groups, unions and pension fund managers were to be heard through Friday.

Detroit filed for Chapter 9 protection in July, but Judge Steven Rhodes gets the say on whether the city is eligible for a restructur­ing overseen by the court.

Critics claim emergency manager Kevyn Orr wanted bankruptcy for months and didn’t want to try good-faith negotiatio­ns before filing.

Rhodes said he found it “factually impossible” for the city to conclude that negotiatio­n with creditors was “impractica­ble” while also arguing it negotiated in good faith with them.

Detroit’s lead counsel, Bruce Bennett, disagreed, noting it is widely understood that reaching an out-of-court settlement is a “great thing” but “extremely difficult.” He said a June proposal for creditors and subsequent meetings with them laid out in great detail the city’s undisputed financial problems and prescripti­ons for solving them, but that no group came forward with a credible counterpro­posal.

“Nobody was hiding the ball,” Bennett said. “Everyone understood that negotiatio­ns were likely to fail.”

Sharon Levine, an attorney representi­ng the American Federation of State, County and Municipal Employees, said state and local officials were operating “under a cloak of secrecy” and had pursued bankruptcy since Snyder’s earliest days in office in 2011.

“The governor took more time to interview the consultant­s to help the city with restructur­ing than they took to negotiate the restructur­ing itself,” she said. “That’s absurd.”

Levine cautioned the judge that he was being asked to set a “very dangerous precedent” that could chart a map for governors across the country to push municipal bankruptci­es based on “self-created” financial emergencie­s.

Robert Gordon, a lawyer for Detroit’s pension funds, said the city ran “roughshod” over a clause in the Michigan Constituti­on that protects public pensions.

In response, the judge asked why fund managers didn’t submit evidence of a viable alternativ­e to cutting pensions, even if the actual amount of any shortfall was disputed.

“I would have been happy to have that conversati­on if there was an opportunit­y to,” Gordon replied, noting there was scarcely more than a month between the June meeting with creditors and the bankruptcy filing. “There were major pieces of informatio­n missing here that made it impossible … to have that discussion at this stage.”

Orr, a bankruptcy expert who was appointed emergency manager last March by the governor, has said Detroit has at least $18 billion in long-term debt, including $3.5 billion in pension shortfalls.

If Detroit is found eligible to stay in bankruptcy, the case would turn to how to solve the debt. The city has said it could propose a plan by the end of the year.

 ??  ?? Detroit bankruptcy
arkansason­line.com/detroitban­kruptcy
Detroit bankruptcy arkansason­line.com/detroitban­kruptcy

Newspapers in English

Newspapers from United States