County judge halts Detroit bankruptcy...because it's "dishonoring the U.S. President"

[Little-Acorn]

No, this is not an article from The Onion.

This person actually offered that as a reason. See bolded part below.

It is now the function of cities and states to "honor the President" by throwing tons of good money after bad.

You can't make this stuff up, folks.

Would she have made such a pronouncement, if George Bush were President?

Or would she have, just maybe, said that dishonoring the President in that case, is why Detroit SHOULD go bankrupt?

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http://www.detroitnews.com/article/20130719/METRO01/307190099/Ingham-County-judge-rules-Detroit-bankruptcy-withdrawn-Schuette-appeals

Ingham County judge rules Detroit bankruptcy be withdrawn; Schuette appeals

Gary Heinlein
July 19, 2013 at 7:03 pm

Lansing — Ruling the governor and Detroit’s emergency manager violated the state constitution, an Ingham County Circuit judge ordered Friday that Detroit’s federal bankruptcy filing be withdrawn.

“It’s absolutely needed,” said Judge Rosemary Aquilina, observing she hopes Gov. Rick Snyder “reads certain sections of the (Michigan) constitution and reconsiders his actions.”

(snip)

Prior to her ruling on Friday, the judge criticized the Snyder administration and Schuette’s office over their hasty move.

“It’s cheating, sir, and it’s cheating good people who work,” the judge told assistant state Attorney General Brian Devlin. “It’s also not honoring the (United States) president, who took (Detroit’s auto companies) out of bankruptcy.”

[aboutime]

No, this is not an article from The Onion.

This person actually offered that as a reason. See bolded part below.

It is now the function of cities and states to "honor the President" by throwing tons of good money after bad.

You can't make this stuff up, folks.

Would she have made such a pronouncement, if George Bush were President?

Or would she have, just maybe, said that dishonoring the President in that case, is why Detroit SHOULD go bankrupt?

----------------------------------------------

http://www.detroitnews.com/article/20130719/METRO01/307190099/Ingham-County-judge-rules-Detroit-bankruptcy-withdrawn-Schuette-appeals

Ingham County judge rules Detroit bankruptcy be withdrawn; Schuette appeals

Gary Heinlein
July 19, 2013 at 7:03 pm

Lansing — Ruling the governor and Detroit’s emergency manager violated the state constitution, an Ingham County Circuit judge ordered Friday that Detroit’s federal bankruptcy filing be withdrawn.

“It’s absolutely needed,” said Judge Rosemary Aquilina, observing she hopes Gov. Rick Snyder “reads certain sections of the (Michigan) constitution and reconsiders his actions.”

(snip)

Prior to her ruling on Friday, the judge criticized the Snyder administration and Schuette’s office over their hasty move.

“It’s cheating, sir, and it’s cheating good people who work,” the judge told assistant state Attorney General Brian Devlin. “It’s also not honoring the (United States) president, who took (Detroit’s auto companies) out of bankruptcy.”


Obviously. This Judge (my apologies for the insult to real judges) is hoping for Holder to step down, for her to be nominated into the FAILING Obama administration. After all. Look at how SHE DEFENDS the Phony President so well.

[PostmodernProphet]

the first thing that happens when a bankruptcy is filed is that a stay of proceedings is issued.....the stay prohibits any state court from taking action which would affect the relative rights of any creditors.......no writs, no orders, no judgments......

[Tyr-Ziu Saxnot]

the first thing that happens when a bankruptcy is filed is that a stay of proceedings is issued.....the stay prohibits any state court from taking action which would affect the relative rights of any creditors.......no writs, no orders, no judgments...... Bullshat, the judge halted it because the unions are going to get the shaft ! That judge is biased only towards one group of people in this case. Obviously a liberal piece of scum.

[PostmodernProphet]

Bullshat, the judge halted it because the unions are going to get the shaft ! That judge is biased only towards one group of people in this case. Obviously a liberal piece of scum.

actually, that doesn't contradict what I posted.....the union pension plan was the creditor that was seeking the order.....so they wouldn't be discharged in bankruptcy....


The judge said state law guards against retirement benefits being “diminished,” but there will be no such protection in federal bankruptcy court.

From The Detroit News: http://www.detroitnews.com/article/20130719/METRO01/307190099#ixzz2ZhDh5v7T



interestingly, we do have a clause in our state constitution (pushed through when Michigan was even more unionized that it is today) that says pensions may not be reduced by any state laws......that is the basis on which she says filing bankruptcy is unconstitutional.......
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 24
Public pension plans and retirement systems, obligation.
Sec. 24.
The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.

Financial benefits, annual funding.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.

History:
Const. 1963, Art. IX, § 24, Eff. Jan. 1, 1964

[PostmodernProphet]

actually, that doesn't contradict what I posted.....the union pension plan was the creditor that was seeking the order.....so they wouldn't be discharged in bankruptcy....




interestingly, we do have a clause in our state constitution (pushed through when Michigan was even more unionized that it is today) that says pensions may not be reduced by any state laws......that is the basis on which she says filing bankruptcy is unconstitutional.......
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 24
Public pension plans and retirement systems, obligation.
Sec. 24.
The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.

Financial benefits, annual funding.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.

History:
Const. 1963, Art. IX, § 24, Eff. Jan. 1, 1964




she will of course, lose....for two reasons.....one, federal bankruptcy laws have precedence over ANY state law, and two, it isn't the state that's diminishing the pension funds.....it will be the federal bankruptcy court....