Am i reading correctly, the city couldn't be forced to sell but could choose to?
Chapter 9 cases are exclusively "debtor-in-possession" cases, so the lawful manager [[that's the EM, pursuant to state law) continues to run the city.Pardon my ignorance[[and possible thread jacking)but I'm a bit confused about Kevin Orr's status or more to the point his continued status after the bankruptcy issue is settled by the courts.
My question is once a judge determines Detroit can indeed go into bankruptcy what becomes of Kevin Orr? Does he remain in place as the EM or does bankruptcy negate the need for an EM?
A couple of points:
Under no circumstances can a judge order the sale of assets in a Chapter 9. He can grant relief under the plan of adjustment, or deny relief if such relief is inequitable. Unless Orr proposes selling art, it can't be sold. Neither creditors nor the federal judge can order it.
Why, then, is Orr appraising the art? My guess is that he will be heading off the argument that the city is sitting on billions of dollars of assets without paying creditors. I would imagine the art would have to be appraised subject to any restrictions that exist--an owner can sell no more than it has. So if the piece of art is "on loan" or has a restricted use, then the valuation would be $0. Bankruptcy courts like having an expert provide them with indicators of value, not the parties.
I don't know who you are, but I appreciate your responses.A couple of points:
Under no circumstances can a judge order the sale of assets in a Chapter 9. He can grant relief under the plan of adjustment, or deny relief if such relief is inequitable. Unless Orr proposes selling art, it can't be sold. Neither creditors nor the federal judge can order it.
Why, then, is Orr appraising the art? My guess is that he will be heading off the argument that the city is sitting on billions of dollars of assets without paying creditors. I would imagine the art would have to be appraised subject to any restrictions that exist--an owner can sell no more than it has. So if the piece of art is "on loan" or has a restricted use, then the valuation would be $0. Bankruptcy courts like having an expert provide them with indicators of value, not the parties.
What is Orr's agenda? What is Snyder's agenda? Who is really pulling the strings. I had thought that the DIA belong to the region of Southeast Michigan and not Detroit.
Snyder wasn't interested in "right-to-work". Orr didn't want to go into bankruptcy. Orr has "no intentions" of selling any of the DIA artwork. At some point, you have to stop listening to the rhetoric coming out of their mouths and pay attention to what they are doing. As I said earlier, actions speak louder than words.
What freakin' "agenda" and what "strings"? Detroit is broke, and no way, with or without the EFM, is it capable of bailing itself out. [[unless you believe Howze, that it's only a matter of moving the decimal point) Bennie Napolean said sell the artwork to pay the bills. Other people are condoning selling off the DWSD, or Belle Isle to pay the bills. This isn't some hostile corporate take-over, the City government was partying like it was 1999, and now it's time to pay the DJ. You only have "X" amount of options, and that's it.
You make a fair point.Snyder wasn't interested in "right-to-work". Orr didn't want to go into bankruptcy. Orr has "no intentions" of selling any of the DIA artwork. At some point, you have to stop listening to the rhetoric coming out of their mouths and pay attention to what they are doing. As I said earlier, actions speak louder than words.
Also, the fact that Bill Schuette is talking out both sides of his ass [[which granted he always does) when it comes to Detroit's bankruptcy and the Pensioners has me a bit worried too.
Thank you so much. Btw, I'm with Honkey Tonk....I appreciate your answers and the education I'm getting from them.
So why are residents in all three counties paying taxes on the DIA if we don't have a stake in it?
Pay attention to what Gene Gargaro, Chairman of the Board of Directors for the Detroit Institute of Arts has to say and read between the lines a bit. This is a wild conjecture, but based on what he has said, I get the feeling he is lining up his ducks for a purchase of the building and the collection by the Founder's Society or some other such Detroit-based charitable entity to own and operate the DIA.
Absolutely right. Their actions do speak louder than words. But what are their actions saying so loudly.Snyder wasn't interested in "right-to-work". Orr didn't want to go into bankruptcy. Orr has "no intentions" of selling any of the DIA artwork. At some point, you have to stop listening to the rhetoric coming out of their mouths and pay attention to what they are doing. As I said earlier, actions speak louder than words.
I hear Snyder saying "I wish I didn't have to deal with Detroit. Its a political nightmare. I put a great guy in place to help avoid bankruptcy, and he got sued every three seconds by everyone involved. Oh well, I still need to do the right thing and fix what Detroit's leaders have messed up for so long. This is hard. No wonder why my Democratic predecessor couldn't get it done. Oh well, I don't avoid hard things. And I'll make tough decisions like RTW when pushed."
I hear Orr saying "I hate to think about selling DIA art, but I have a job to do, and my job requires me to treat all stakeholders here fairly and with all the facts. I need to know the value of the DIA art so I can act responsibly".
We all hear different things oh so loudly.
Other's hear a conspiracy. HA! Conspire to take over Detroit? That's like conspiring to take over Herpes.
if they sell all the art & I will the powerball Im moving in.
It's called taxation without representation and was the opening salvo on more to come. It was sold to the counties as "only $12" and a noble thing to do because it's Art; and it was noted how meekly the counties approved it. If you recall it was a millage to be raised for Artistic enterprises anywhere in the three counties but that was a lie; it had been already earmarked for the DIA. When the bankruptcy is done and dusted there will be many more "only $12'' requests for millages.
Being a regular member, and since it passed, I've seen people in there that I've never seen, nor would they have an incling to visit. And you know what? I've yet to hear anyone say "this sucks!" Take advantage of that budget breaking $12 you've spent, and come down and see for yourself. Come visit for 10 minutes or so......It's called taxation without representation and was the opening salvo on more to come. It was sold to the counties as "only $12" and a noble thing to do because it's Art; and it was noted how meekly the counties approved it. If you recall it was a millage to be raised for Artistic enterprises anywhere in the three counties but that was a lie; it had been already earmarked for the DIA. When the bankruptcy is done and dusted there will be many more "only $12'' requests for millages.
I don't expect and individual "stake" but if you take 10 multiplied by the number of households in each county, city, etc. it becomes a relevant figure.
I adore the DIA and my grown sons are regulars visitors also. I doubt very much it would get its art touched, the litigation would take years.
|
Bookmarks