Petitioners MUST VOTE NO on Bankruptcy Plan of Adjustments

It is important for this decision to be thrown back on the bankruptcy court to issue a ruling on the unconstitutional process of handling your pension. If the rank and file vote to approve the plan of adjustment then you have removed the protections afforded by the Michigan Constitution. The pension board members are working with the offerings of the Emergency Manager and State of Michigan. The media is painting a picture of the proceedings without fully informing the public. The media will make it appear that there is nothing the rank and file can do, however pushing it back on the court to rule would reveal the unconstitutionality of the bankruptcy plans.

Phone Line For Q&A Our voicemail greeting is: Thank you for calling Detroit Concerned Citizens and Retirees. We are urging petitioners to vote no on the plan of adjustments. It is important the unconstitutional decision is thrown back on the court.

313-444-0061

Objections to the bankruptcy plan of distribution can be filed by anyone up till May 30th. Our website freedetroit.net has printable forms to file objections to the Bankruptcy Court, and offers next steps. The office of the bankruptcy court is at 211 Fort St and Washington on the 17th floor, open weekdays 8:30 until 4pm. Please leave a message with your name so we can call you back to answer any questions you may have. 

Your Constitutional Rights Sacrificed By A Vote? 

The manner of takeovers which have been occurring is to have the legislative body of the public - whether that is the Detroit City Council, or the union, or the general retiree pension board offer their APPROVAL of the takeover. By voting yes along with them you would be absolving the bankruptcy court from their responsibility to uphold the law.

There are protections in our laws but if the people and their elected representatives continue to sacrifice those protections then we are left with the desired results of those wishing to control the masses. This is how non-elected appointed dictators come to power, by allowing rights and protections to be GIVEN AWAY.

What does the Michigan Constitution say? 

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 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. -- Public Pension Plans and Retirement Systems, Obligations

The Deals Made By Pensioner Boards 

Under the accord, general retirees will see their pensions cut by 4.5 per cent, far less than the 26 per cent cut the city had earlier proposed, and lose their annual cost-of-living increases. Retired police and fire fighters would keep their full pensions, and see their cost-of-living allowances fall from around 2 per cent to 1 per cent. --- Financial Times

Why is this insufficient? 

If you look at the two indented quotes above you'll find the phrase from the Constitution says "shall not be diminished or impaired" by the state. The results of any negotiating includes diminished benefits.

Things To Know About Bankruptcy 

1. Only a municipality's elected official can legally file for bankruptcy. 11 USC 109(c) Bankruptcy Code and Public Act 436
2. A municipality may not bind any creditor that does not consent to such composition. A judgement entered under such a law may not bind a creditor that does not consent to such composition. 11 USC 903(1) and (2) Bankruptcy Code
3. The Bankruptcy Code requires a notice to be given of the commencement of the case. 11 USC 923 Bankruptcy Code
4. Magistrate Steven Rhodes is not an Article III judge and has limited jurisdiction to hear and render a decision in Bankruptcy cases.