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    City releases updated appraisal of full Detroit Institute of Arts collection, tactical questions abound
    2014-07-10

    A report by an expert witness designated by the City of Detroit for the upcoming bankruptcy trial has been released concerning the value of the full collection of the Detroit Institute of Arts.  The report puts the full collection value at $2.7 to $4.6 billion, but estimates t

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Media & Entertainment, Sullivan & Worcester LLP
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Detroit’s proposed plan of adjustment – two crucial questions
    2014-02-25

    The chapter 9 bankruptcy case of the City of Detroit has been as complex and litigious as anticipated.  Nevertheless, Emergency Manager Kevyn Orr has kept plodding forward, and last week filed a proposed plan of adjustment, the road map for the Motor City to emerge from bankruptc

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bond (finance), Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court denies creditors’ motion to reappraise Detroit Institute of Arts collection
    2014-01-22

    As we predicted when it was filed, Judge Rhodes of the U.S. Bankruptcy Court for the Eastern District of Michigan denied today several creditors’ motion to appoint an independent commission to appraise the collection of the Detroit Institute of Arts (owned by the city of Detroit) as part of the city’s ongoing bankruptcy. 

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Leisure & Tourism, Litigation, Sullivan & Worcester LLP, United States bankruptcy court
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Foundations pledge $330 million to keep Detroit Institute of Arts collection safe from liquidation
    2014-01-13

    Detroit Emergency Manager Kevyn Orr’s plan to monetize the collection of the Detroit Institute of Arts, whether by sale or otherwise, took a large step towards realization today when at least nine local and national foundations pledged up to $330 million to Detroit to keep the collection of the Detroit Institute of Arts safe from sale, loan, or other encumbrance, and also to shore up pension funds  Following 

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Leisure & Tourism, Sullivan & Worcester LLP
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Lehman Bankruptcy Court addresses scope of the Bankruptcy Code's safe harbor for liquidation, termination and acceleration of swap agreements
    2014-01-09

    In Michigan State Housing Development Authority v. Lehman Brothers Derivatives Products, Inc., et al. (In re Lehman Brothers Holdings Inc., et al.) (Michigan State Housing), 1 the US Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) recently held that a provision in a swap agreement that shifted the methodology for calculating termination amounts upon the debtor counterparty’s bankruptcy was enforceable under the Bankruptcy Code’s safe harbor for liquidating, terminating and accelerating swap agreements.

    Filed under:
    USA, Michigan, Derivatives, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Swap (finance), Liquidation, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    Full Christie’s report issued on Detroit Institute of Arts collection, city holding the cards to push for negotiated grand bargain
    2013-12-19

    After Judge Rhodes of the Bankruptcy Court for the Eastern District of Michigan ruled on December 3, 2013 that the city of Detroit is eligible for Chapter 9 Bankruptcy protection, the city immediately 

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Leisure & Tourism, Litigation, Sullivan & Worcester LLP, US District Court for Eastern District of Michigan
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Hearing set on creditors’ motion to force an appraisal committee for the Detroit Institute of Arts collection
    2013-12-20

    Following on yesterday’s release of the full report and recommendations by Christie’s with regard to the collection of the Detroit Institute of Arts, the Bankruptcy Court has set a hearing on the 

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Leisure & Tourism, Litigation, Sullivan & Worcester LLP
    Authors:
    Nicholas O'Donnell
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Government employee pensions may now be fair game for cuts during bankruptcy restructuring
    2013-12-12

    On Tuesday, December 2, 2013, Judge Steven Rhodes of the Eastern District of Michigan ruled that the City of Detroit, which filed for Chapter 9 bankruptcy protection in the U.S. Bankruptcy Court on July 18, 2013, met the specific legal criteria required to receive protection from its creditors and thus could formally enter bankruptcy.  The district court further determined that the city’s obligation to pay pensions in full was not "untouchable" while working and negotiating with creditors in restructuring its debt.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, US District Court for Eastern District of Michigan
    Authors:
    Imad Abdullah
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Court finds city of Detroit eligible for bankruptcy in US history's largest municipal bankruptcy
    2013-12-13

    A recent ruling by US Federal Judge Rhodes has held that the city of Detroit is eligible to file for bankruptcy under US federal bankruptcy laws and can now attempt to re-organise its US$18.5b debt.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    USA
    Firm:
    Buddle Findlay
    Detroit, Michigan, eligible to file Chapter 9 bankruptcy
    2013-12-13

    On December 5, 2013, Judge Steven Rhodes of the US Bankruptcy Court for the Eastern District of Michigan held that the city of Detroit had satisfied the five expressly delineated eligibility requirements for filing under Chapter 9 of the US Bankruptcy Code1 and so could proceed with its bankruptcy case.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Sixth Circuit, US District Court for Eastern District of Michigan
    Authors:
    J. Robert Stoll , Sean T. Scott , Dr. Jens Peter Schmidt , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown

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