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happyslug

(14,779 posts)

67. No Ruling on the actual issue was made.

Fri Jul 26, 2013, 11:22 AM

Jul 2013

Remember under the rulings from the US Supreme Court in the 1930s, municipalities can NOT file Bankruptcy if it is forbidden by STATE LAW. Anyone can file a bankruptcy by paying the filing fee, it is LATER when the objections are heard by the Bankruptcy Judge is the issue of such a filing was LEGAL. If it was illegal, then it is void on its face, but that will only be ruled by the Bankruptcy Judge after a hearing after both sides files briefs and a hearing is held. That may be six to twelve weeks from now.

I suspect the Bankruptcy Judge in this case fears that is the case, thus his desire to send everyone to a mediator to work out the problems. He is hoping the Mediator can get everyone on the same page, but I suspect it is a false hope by the Judge.

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Judge says Detroit bankruptcy filing was unconstitutional, must be withdrawn [View all] ErikJ Jul 2013 OP

I hope her ruling stands. Jim__ Jul 2013 #1

Indictments ought to be handed down for the entire Michigan Republican Party Mr. David Jul 2013 #33

repugs like to ignore due process guaranteed in the Constitution wordpix Jul 2013 #59

In other words, pull yourself up by your fucking boot straps republicans! Rebellious Republican Jul 2013 #2

Who pays the pensions? ceonupe Jul 2013 #51

If, as the Judge ruled, this is a STATE Obligation, the city has to. happyslug Jul 2013 #53

The state constitution just protects them ceonupe Jul 2013 #55

Detroit has the revenue to pay its pensions, the problem is its other bills happyslug Jul 2013 #57

Bankruptcy is mostly who gets paid first. happyslug Jul 2013 #58

K&R Veilex Jul 2013 #62

Hope this holds! BumRushDaShow Jul 2013 #3

She also ordered that a copy of her declaratory judgment be sent to President Barack Obama progressoid Jul 2013 #4

I see this less as a political move, and more as a curtessy... Veilex Jul 2013 #25

Well, this throws a monkey wrench into the Repugs' fascist plan for Detroit! reformist2 Jul 2013 #5

I don't think it does Yo_Mama Jul 2013 #48

protecting pensions right in the constitution? that must piss the GOP off phantom power Jul 2013 #6

Next step of the corporatist coup, take down the State Constitutions by starting with education DhhD Jul 2013 #9

Pensions?? Why these people can already live Marie Marie Jul 2013 #10

Throw the book at the assholes! another_liberal Jul 2013 #7

Divert some of that 85 billion/month going out for QE3 matthews Jul 2013 #15

With only a small fraction . . . another_liberal Jul 2013 #42

Borowitz had a good idea Turbineguy Jul 2013 #8

Sorry, the Judge's order is meaningless. Odious justice Jul 2013 #11

Does that apply to Municipalities/Cities or just Businesses, though? KoKo Jul 2013 #14

It applies to anyone using Chapter 9 of the Bankruptcy code. former9thward Jul 2013 #19

State laws and const. don't go out the window...but if they contradict the Federal law is supreme. Odious justice Jul 2013 #21

I think I disagree with part of your assertion... Veilex Jul 2013 #29

What do you disagree with? Odious justice Jul 2013 #50

Perhaps you missed the link? Veilex Jul 2013 #52

Perhaps you are an idiot. Odious justice Jul 2013 #60

Hmm... Veilex Jul 2013 #61

No, you're unintelligent and unable or unwilling to respond. Odious justice Jul 2013 #64

I will concede that you do appear correct after further review regarding the article in question... Veilex Jul 2013 #65

Thanks for that info. KoKo Jul 2013 #31

a 943(b) filing should be a start warrant46 Jul 2013 #43

Ultimately it would then go to the Michigan Supreme Court. roamer65 Jul 2013 #36

As I pointed out in a previous post, that is NOT what the US Supreme Court had ruled happyslug Jul 2013 #54

It's the same MO over and over again. Ed Suspicious Jul 2013 #12

I don't live in Detroit, and I've always worked in the private SheilaT Jul 2013 #13

About the judge: alp227 Jul 2013 #16

Very good news for the employees and retirees. NaturalHigh Jul 2013 #17

It will not stand. former9thward Jul 2013 #20

there needs to be a law protecting pensions from these fucking pirates. they dont like the backlash leftyohiolib Jul 2013 #18

Contact the US Dept. of Labor about the Pension Plans of the City of Detroit. DhhD Jul 2013 #22

The bankruptcy judge will have authority over this, not the DOL. totodeinhere Jul 2013 #24

The Department of Labor has the write up for Plans so that you can inquire about your rights DhhD Jul 2013 #37

Correct. Cities should not be allowed to cancel municipal workers' union contracts and totodeinhere Jul 2013 #23

Yes the GOP are the "job creators" warrant46 Jul 2013 #44

HUGE K & R !!! WillyT Jul 2013 #26

G.O.O.D. MotherPetrie Jul 2013 #27

Fact is Detroit doesn't have any money. 1KansasDem Jul 2013 #28

it's the only reason why Rick the Dick Snyder had his tool file bankruptcy, notadmblnd Jul 2013 #30

I think you have it backwards Yo_Mama Jul 2013 #49

Unfortunately this is rather meaningless Sgent Jul 2013 #32

it appears that an involuntary chapter 9 petition melm00se Jul 2013 #34

This message was self-deleted by its author Morganfleeman Jul 2013 #41

The Michigan Supreme Court will uphold Governor Dick's decision. roamer65 Jul 2013 #35

. blkmusclmachine Jul 2013 #38

The State May Have to Pay them anyway Alan M Jul 2013 #39

I think the Feds should bail them out with a massive Urban Renewal program ErikJ Jul 2013 #40

Also a question of who gets paid first - pensioners, creditors or bond holders. yellowcanine Jul 2013 #45

To the top! And a link to a Dean Baker piece about this: Cal Carpenter Jul 2013 #46

The judge's decision will be overturned Morganfleeman Jul 2013 #47

As I have pointed out before, only if State Law permits such filing happyslug Jul 2013 #56

City --> Township of Detroit quadrature Jul 2013 #63

You're conflating two issues Morganfleeman Jul 2013 #66

No Ruling on the actual issue was made. happyslug Jul 2013 #67

However Morganfleeman Jul 2013 #68

Read Stockton, it goes into the history of Chapter 9 happyslug Jul 2013 #69