Appeal filed Opening Brief Jan. 27, 2015

SUMMARY OF APPEAL

This is an appeal of the final order in the City of Detroit chapter 9 bankruptcy case, Case No. 13-53846 The Notice of Appeal was timely filed on November 26 ,2014  [Docket 8473]  This Appeal is authorized pursuant to 28 USC 158(a). 

For the purposes of this appeal brief  Appellant William M. Davis in his individual capacity and as representative of the Detroit Active and Retired Employee Association (DAREA) is  focusing primarily on the issue, that Judge Rhodes erred in ruling that retiree pension benefits  were subject to being impaired or diminished in Chapter 9 bankruptcy, despite the Michigan constitutional ban on doing so encompassed in Article IX Section 24 of the Michigan constitution, and despite the fact this constitutional ban on diminishing and /or impairing pensions is explicitly incorporated into MCL 141.1541 et. seq., the Michigan Local Financial Stability and Choice Act of 2012, the statute the Emergency Financial Manager relied on for the specific authority to file for bankruptcy pursuant to 11 USCS 109(2) and USCS 901.

In confirming the City of Detroit's Plan of Adjustment, the Bankruptcy Court made several substantial legal errors justifying relief on appeal.

First, the Bankruptcy Court erred when it authorized the City of Detroit to file a Plan of Adjustment treating pension rights secured by the State of Michigan's constitutional Pensions Clause as unsecured debt subject to impairment,diminution and discharge. 

Second, the lower court erred when it rendered the protections of the Pension Clause superfluous by treating it as a reiteration of the state and federal Contracts Clause. By ignoring the paramount law of the State of Michigan, the lower court sidestepped the Michigan constitution and the disrupted the delicate balance of state and federal interests.

Third, the lower court erred by ruling that federal law precluded any state imposed limitations on power of discharge once a City was authorized to file for bankruptcy deemed eligible.

DOCUMENTS 

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1. OPENING BRIEF FROM DAREA FILED 1/27/15

2. MOTION OF APPELLEE THE CITY OF DETROIT, MICHIGAN FOR AN ORDER PURSUANT TO FED. R. CIV. P. 12(b)(1) DISMISSING (DAREA'S) APPEAL AS EQUITABLY AND CONSTITUTIONALLY MOOT, FILED 2/19/15

3. STIPULATED ORDER AMENDING SCHEDULING ORDER FILED 2/23/15
4.RETIREE ASSOCIATION (DRCEA) PARTIES’ CONCURRENCE WITH CITY OF DETROIT’S MOTION TO DISMISS APPEAL, FILED 2/25/15

5. STIPULATED ORDER AMENDING SCHEDULING ORDER, FILED 2/26/15

6. APPELLANTS (DAREA) CORRECTED RESPONSE AND BRIEF IN OPPOSITION TO APPELLEE'S (CITY OF DETROIT/JONES DAY) MOTION TO DISMISS AS EQUITABLY AND CONSTITUTIONALLY MOOT, FILED 3/13/15

7. DAREA EXHIBITS FOR CORRECTED RESPONSE, FILED 3/13/15