Detroit becomes largest city to enter Chapter 9 bankruptcy
DETROIT — The city of Detroit officially became the largest municipality in U.S. history Tuesday to enter Chapter 9 bankruptcy after a judge declared it met the specific legal criteria required to receive protection from its creditors.
The landmark ruling ends more than four months of uncertainty over the fate of the case and sets the stage for a fierce clash over how to slash an estimated $18 billion in debt and long-term liabilities that have hampered Detroit from attacking pervasive blight and violent crime.
“It is indeed a momentous day,” U.S. Bankruptcy Judge Steven Rhodes said at the end of a 90-minute summary of his ruling. “We have here a judicial finding that this onceproud city cannot pay its debts. At the same time, it has an opportunity for a fresh start. I hope that everybody associated with the city will recognize that opportunity.”
In a surprise decision Tuesday morning, Rhodes also said he’ll allow pension cuts in Detroit’s bankruptcy. He emphasized that he won’t necessarily agree to pension cuts in the city’s final reorganization plan unless the entire plan is fair and equitable.
Rhodes’ verbal ruling, which will be followed by a 140-page written opinion, gave Detroit the green light to enter Chapter 9 bankruptcy.
Rhodes also scolded the city for rushing through negotiations with its creditors, noting they only had 30 days to offer a counter. Saying that amount of time is “simply far too short,” Rhodes ruled the city did not satisfy good faith requirements to try to negotiate with creditors outside of bankruptcy court.
Despite that, Rhodes said moments later that negotiating in good faith was impractical.
The city will now proceed with its plan to introduce a proposal to restructure its debt and reshape government operations. Lawyers for Jones Day, the law firm that represents the city in bankruptcy court, expect to file the first version of the so-called “plan of adjustment” by the end of the year.
The plan is expected to include controversial cuts to unsecured creditors and asset sales.
Major creditors
ob- jecting to the bankruptcy included the American Federation of State, County and Municipal Employees; the United Auto Workers; Detroit’s two pension funds; the city’s public safety unions; retiree associations; and a committee created to officially represent retirees during the bankruptcy.
Unions and retirees argued that Detroit emergency manager Kevyn Orr conducted no substantive negotiations with creditors. They also argued the city fell short of its duty to conduct “good faith” negotiations before filing for bankruptcy.
By July 18, the day Detroit filed for bankruptcy, the city was being bombarded by lawsuits, facing dwindling cash flow and failing to deliver vital services — adding credence to Jones Day bankruptcy attorney Bruce Bennett’s argument that reaching a deal with more than 100,000 creditors would have taken too long.
“It was clear to Judge Rhodes that negotiations were not going to go anywhere,” Laura Beth Bartell, a Wayne State University law professor, said in a recent interview.
Creditors are expected to appeal the ruling, although experts say that courts are hesitant to overturn bankruptcy rulings based on the facts.