Original Story: Clickondetroit.com
LANSING, Mich. - The Michigan Legislature has approved a bill to let drivers who owe extra "responsibility" fees for certain offenses do 10 hours of community service instead. A Westchester County Speeding Ticket Lawyer provides professional legal counsel and extensive experience in many aspects of traffic ticket litigation.
The option would apply for drivers assessed $400 in fines for not having mandatory auto insurance. Drivers fined $300 for operating without a valid license also could do community service.
Extra fines for the offenses went away in 2012, but some motorists still owe them for old offenses.
The Senate voted unanimously Wednesday to send the bill to Gov. Rick Snyder. A Yonkers Speeding Ticket Lawyer manage a wide variety of traffic violations.
Snyder this year signed a law to lessen and gradually eliminate responsibility fees. Secretary of State Ruth Johnson has said they are a "double penalty" for people who already have to pay fines, court costs and face higher insurance rates for driving violations.
11 September 2014
SUSPENSION SOUGHT AGAINST 36TH DISTRICT JUDGE SANDERS FOR 'PSYCHOTIC DELUSIONS'
Original Story: Detroitnews.com
Detroit— The Michigan Judicial Tenure Commission is seeking the suspension of 36th District Judge Brenda Sanders, citing “psychotic delusions” and alleged judicial misconduct.
The commission has petitioned the Michigan Supreme Court to immediately remove Sanders from the bench temporarily without pay pending disciplinary hearings.
Sanders has been off work since October. She was on medical leave and then placed on administrative leave from her $138,000-a-year position.
In a 14-page complaint filed Tuesday and released publicly Wednesday, the commission justifies its request based on what it says is Sanders’ “mental disability which prevents the performance of judicial duties as defined by the Michigan Constitution.”
Sanders’ attorney, Brian Einhorn, disputed the report, saying the evaluation of the judge’s mental status was done without a mental examination ordered by the commission.
“The main problem is that she was ordered to undergo a psychiatric examination without any physical evidence to support it,” Einhorn said Wednesday. “The doctor has not examined her at all. Never spoken to her.”
The commission said five appointments, which Sanders had agreed to, where scheduled, but she didn’t go to any of them.
The Sanders issue is the latest controversy at the court. Major reforms were put into place at the 36th District Court in 2013 after a feasibility report found the court was $4.5 million over budget and court officials had failed to collect more than $280 million in traffic and other fines.
According to the commission’s complaint, Sanders sent a letter to U.S. Attorney Barbara McQuade in December 2013 requesting a federal investigation, saying she (Sanders) was the target of corruption and a conspiracy in an attempt to eliminate her from the 36th District Court bench before she was sworn in as a judge in December 2008.
Sanders also wrote two judges have “suddenly died under suspicious circumstances” in the past two years and that “judges have been murdered because they spoke out against some of the wrongs that were being committed ‘in this court.’ ”
In the letter to McQuade, Sanders, who is the alleged author, wrote “all of my email accounts, bank accounts, cell phones, etc. have been hacked and are currently being tracked.” She added someone threatened to burn down her residence.
Psychiatrist's opinion
The commission requested Sanders undergo an independent mental examination, to which she agreed. The exam was scheduled for April 10 but, according to the commission, Sanders failed to keep the appointment.
The appointment was re-scheduled for June 4 and June 12, with Sanders’ consent, but she failed to keep those appointments, according to the complaint.
Other appointments with the Lansing psychiatrist were scheduled for July 31 and Aug. 11. Sanders didn’t show up for either one.
The doctor then issued an opinion stating Sanders “suffers from psychiatric symptoms that include psychotic delusions” and her delusions are “paranoid in nature where she believes irrationally that she is a victim of conspiracies and plot.”
“Judge Sanders should not be sitting in judgment of anyone until she is determined to be free of the psychosis that renders her a danger to self and others,” the psychiatrist’s evaluation of Sanders reads, according to the complaint. “Judge Sanders is psychotic and suffering from insane delusions, and is likely to remain so indefinitely.”
The psychiatrist also stated that “as a result of her delusions, respondent fears that she is in danger and is manipulated wrongly.” The doctor also stated Sanders “has carried a gun as self-protection in response to these delusions.”
Einhorn said Sanders is not a danger or a threat to the public and she deserves to remain on the bench.
Einhorn added Sanders missed a couple of the commission-ordered appointments because she was going out of state to deal with her sick, elderly mom.
Sanders recently Tweeted that her 94-year-old mother died Sept. 5.
Sanders, a 1980 graduate of the University of Michigan, earned her law degree from the University of Detroit Mercy Law School in 1983.
Sanders was elected to the 36th District Court in November 2008 to a six-year term that began in January 2009.
Wayne State University Law School professor Peter Henning said the allegations against Sanders shouldn’t jeopardize the outcome of many of the cases over which she presided since it’s a district court. Most criminal cases are tried in circuit court.
2nd Sanders complaint
In its case to have Sanders removed from the bench, the commission alleges the judge fraudulently received a long-term medical leave in September 2013 on a physical disability she failed to prove. Sanders said she needed to have both her knees replaced.
“Since September 2013, (Sanders) refused/failed to answer any of the JTC’s questions regarding the medical condition of her knees which she used in support of her long-term medical leave,” according to the complaint.
The result of an independent medical/orthopedic examination scheduled in March revealed “there is no basis for (Sanders) to have a leave of absence from her judicial position.”
The commission also charges Sanders misrepresented her medical condition and failed to bring medical records to an appointment set up with the medical/orthopedic expert.
Sanders, according to the commission, said she was not told to bring the records, but the commission said that was not true.
This is the second judicial complaint filed against Sanders.
In 2008, the commission filed a complaint in connection with her campaign to run for mayor of Detroit in a special nonpartisan mayoral primary while she was a judge on the 36th District Court bench. She was suspended without pay by the Michigan Supreme Court for 21 days on the complaint.
Detroit— The Michigan Judicial Tenure Commission is seeking the suspension of 36th District Judge Brenda Sanders, citing “psychotic delusions” and alleged judicial misconduct.
The commission has petitioned the Michigan Supreme Court to immediately remove Sanders from the bench temporarily without pay pending disciplinary hearings.
Sanders has been off work since October. She was on medical leave and then placed on administrative leave from her $138,000-a-year position.
In a 14-page complaint filed Tuesday and released publicly Wednesday, the commission justifies its request based on what it says is Sanders’ “mental disability which prevents the performance of judicial duties as defined by the Michigan Constitution.”
Sanders’ attorney, Brian Einhorn, disputed the report, saying the evaluation of the judge’s mental status was done without a mental examination ordered by the commission.
“The main problem is that she was ordered to undergo a psychiatric examination without any physical evidence to support it,” Einhorn said Wednesday. “The doctor has not examined her at all. Never spoken to her.”
The commission said five appointments, which Sanders had agreed to, where scheduled, but she didn’t go to any of them.
The Sanders issue is the latest controversy at the court. Major reforms were put into place at the 36th District Court in 2013 after a feasibility report found the court was $4.5 million over budget and court officials had failed to collect more than $280 million in traffic and other fines.
According to the commission’s complaint, Sanders sent a letter to U.S. Attorney Barbara McQuade in December 2013 requesting a federal investigation, saying she (Sanders) was the target of corruption and a conspiracy in an attempt to eliminate her from the 36th District Court bench before she was sworn in as a judge in December 2008.
Sanders also wrote two judges have “suddenly died under suspicious circumstances” in the past two years and that “judges have been murdered because they spoke out against some of the wrongs that were being committed ‘in this court.’ ”
In the letter to McQuade, Sanders, who is the alleged author, wrote “all of my email accounts, bank accounts, cell phones, etc. have been hacked and are currently being tracked.” She added someone threatened to burn down her residence.
Psychiatrist's opinion
The commission requested Sanders undergo an independent mental examination, to which she agreed. The exam was scheduled for April 10 but, according to the commission, Sanders failed to keep the appointment.
The appointment was re-scheduled for June 4 and June 12, with Sanders’ consent, but she failed to keep those appointments, according to the complaint.
Other appointments with the Lansing psychiatrist were scheduled for July 31 and Aug. 11. Sanders didn’t show up for either one.
The doctor then issued an opinion stating Sanders “suffers from psychiatric symptoms that include psychotic delusions” and her delusions are “paranoid in nature where she believes irrationally that she is a victim of conspiracies and plot.”
“Judge Sanders should not be sitting in judgment of anyone until she is determined to be free of the psychosis that renders her a danger to self and others,” the psychiatrist’s evaluation of Sanders reads, according to the complaint. “Judge Sanders is psychotic and suffering from insane delusions, and is likely to remain so indefinitely.”
The psychiatrist also stated that “as a result of her delusions, respondent fears that she is in danger and is manipulated wrongly.” The doctor also stated Sanders “has carried a gun as self-protection in response to these delusions.”
Einhorn said Sanders is not a danger or a threat to the public and she deserves to remain on the bench.
Einhorn added Sanders missed a couple of the commission-ordered appointments because she was going out of state to deal with her sick, elderly mom.
Sanders recently Tweeted that her 94-year-old mother died Sept. 5.
Sanders, a 1980 graduate of the University of Michigan, earned her law degree from the University of Detroit Mercy Law School in 1983.
Sanders was elected to the 36th District Court in November 2008 to a six-year term that began in January 2009.
Wayne State University Law School professor Peter Henning said the allegations against Sanders shouldn’t jeopardize the outcome of many of the cases over which she presided since it’s a district court. Most criminal cases are tried in circuit court.
2nd Sanders complaint
In its case to have Sanders removed from the bench, the commission alleges the judge fraudulently received a long-term medical leave in September 2013 on a physical disability she failed to prove. Sanders said she needed to have both her knees replaced.
“Since September 2013, (Sanders) refused/failed to answer any of the JTC’s questions regarding the medical condition of her knees which she used in support of her long-term medical leave,” according to the complaint.
The result of an independent medical/orthopedic examination scheduled in March revealed “there is no basis for (Sanders) to have a leave of absence from her judicial position.”
The commission also charges Sanders misrepresented her medical condition and failed to bring medical records to an appointment set up with the medical/orthopedic expert.
Sanders, according to the commission, said she was not told to bring the records, but the commission said that was not true.
This is the second judicial complaint filed against Sanders.
In 2008, the commission filed a complaint in connection with her campaign to run for mayor of Detroit in a special nonpartisan mayoral primary while she was a judge on the 36th District Court bench. She was suspended without pay by the Michigan Supreme Court for 21 days on the complaint.
TOM WALSH: RELUCTANT REGIONAL WATER WARRIORS NUDGED INTO HISTORIC DEAL
Original Story: Freep.com
It was a remarkable moment Tuesday, after 40 years of fierce fighting among Detroit and its suburbs over water rates and control, to see Mayor Mike Duggan, flanked by the county executives of Oakland, Macomb and Wayne, jointly announcing a deal for regional governance of the water system.
But make no mistake, those guys would still be haggling if not for the hammers wielded by Detroit emergency manager Kevyn Orr, U.S. Bankruptcy Judge Steven Rhodes and Gov. Rick Snyder to force a settlement.
FAQ: How Detroit's regional water deal affects you
The fault lines between Detroit and its suburbs, the decades of deep mistrust, could not have been breached unless the local elected leaders were given no other option but having an edict imposed upon them by the court or the state.
L. Brooks Patterson, the Oakland County executive, acknowledged as much in the news briefing on the water deal.
"I was a doubting Thomas going in. I didn't think we'd get there," Patterson said about being forced into court-ordered mediation by Rhodes to seek a regional solution.
In the end, Patterson added: "We didn't have any options. If we didn't come up with a deal, Judge Rhodes and the bankruptcy court could have imposed a cram-down ... He could cram down our throats his settlement of the issue ... and this was always looming over our heads like the sword of Damocles."
Gov. Rick Snyder holds another powerful weapon as part of the water deal struck by Duggan and the three county leaders. If the elected commissioners of Oakland, Macomb or Wayne counties vote not to ratify the water deal, Snyder gets to appoint the representative for the reluctant county on the six-member board.
"I don't want the governor appointing my representative for Oakland," Patterson said. "I want to pick a guy or a gal who will be as conscious as we've all been in crafting this."
In other words, Patterson doesn't trust either Snyder or Rhodes to be as protective of Oakland's ratepayers as he would be.
Macomb County Executive Mark Hackel concurred, saying he found it "troubling" and "upsetting" that Macomb would not get to appoint its own water authority representative if county commissioners vote against the deal.
Patterson told me in late May that he felt like "the last of the Mohicans" for resisting pressure from Snyder and Orr and others to rejoin talks to create a regional water authority. He said then that he'd rather bargain a deal with Duggan on water system governance "than have it crammed down my throat by court edict or the Legislature."
"I have to fight the fight, " Patterson said then, "even though I know the train's coming down the track. I can see it. But I won't sign off. I just cannot in good conscience sign off. I'd rather have the train run me over."
In the end, Patterson got half his wish. The bankruptcy court and Orr still insisted that a regional water deal be part of Detroit's plan to exit bankruptcy, but Duggan worked closely with the suburban executives to frame a deal acceptable to all.
Even lame-duck Wayne County Executive Robert Ficano, who lost his re-election bid in the August primary, can take a small bit of solace in the outcome, having supported court-ordered mediation on water issues back when Patterson and Hackel were still playing hard to get.
Ultimately, as the old saying goes, a crisis is a terrible thing to waste. So even if the parties had to be dragged into the fray, regional governance certainly makes sense for a regional water system.
It was a remarkable moment Tuesday, after 40 years of fierce fighting among Detroit and its suburbs over water rates and control, to see Mayor Mike Duggan, flanked by the county executives of Oakland, Macomb and Wayne, jointly announcing a deal for regional governance of the water system.
But make no mistake, those guys would still be haggling if not for the hammers wielded by Detroit emergency manager Kevyn Orr, U.S. Bankruptcy Judge Steven Rhodes and Gov. Rick Snyder to force a settlement.
FAQ: How Detroit's regional water deal affects you
The fault lines between Detroit and its suburbs, the decades of deep mistrust, could not have been breached unless the local elected leaders were given no other option but having an edict imposed upon them by the court or the state.
L. Brooks Patterson, the Oakland County executive, acknowledged as much in the news briefing on the water deal.
"I was a doubting Thomas going in. I didn't think we'd get there," Patterson said about being forced into court-ordered mediation by Rhodes to seek a regional solution.
In the end, Patterson added: "We didn't have any options. If we didn't come up with a deal, Judge Rhodes and the bankruptcy court could have imposed a cram-down ... He could cram down our throats his settlement of the issue ... and this was always looming over our heads like the sword of Damocles."
Gov. Rick Snyder holds another powerful weapon as part of the water deal struck by Duggan and the three county leaders. If the elected commissioners of Oakland, Macomb or Wayne counties vote not to ratify the water deal, Snyder gets to appoint the representative for the reluctant county on the six-member board.
"I don't want the governor appointing my representative for Oakland," Patterson said. "I want to pick a guy or a gal who will be as conscious as we've all been in crafting this."
In other words, Patterson doesn't trust either Snyder or Rhodes to be as protective of Oakland's ratepayers as he would be.
Macomb County Executive Mark Hackel concurred, saying he found it "troubling" and "upsetting" that Macomb would not get to appoint its own water authority representative if county commissioners vote against the deal.
Patterson told me in late May that he felt like "the last of the Mohicans" for resisting pressure from Snyder and Orr and others to rejoin talks to create a regional water authority. He said then that he'd rather bargain a deal with Duggan on water system governance "than have it crammed down my throat by court edict or the Legislature."
"I have to fight the fight, " Patterson said then, "even though I know the train's coming down the track. I can see it. But I won't sign off. I just cannot in good conscience sign off. I'd rather have the train run me over."
In the end, Patterson got half his wish. The bankruptcy court and Orr still insisted that a regional water deal be part of Detroit's plan to exit bankruptcy, but Duggan worked closely with the suburban executives to frame a deal acceptable to all.
Even lame-duck Wayne County Executive Robert Ficano, who lost his re-election bid in the August primary, can take a small bit of solace in the outcome, having supported court-ordered mediation on water issues back when Patterson and Hackel were still playing hard to get.
Ultimately, as the old saying goes, a crisis is a terrible thing to waste. So even if the parties had to be dragged into the fray, regional governance certainly makes sense for a regional water system.
DETROIT BANKRUPTCY BREAKTHROUGH: SYNCORA REACHES AGREEMENT WITH CITY ON DEBT
Original Story: Freep.com
The City of Detroit and creditor Syncora have reached an agreement, in principle, that would end the bond insurer’s vigorous opposition to the city’s restructuring and turn the company into an ally, reflecting a remarkable breakthrough in the city’s historic bankruptcy case.
The proposed deal — which came on the same day that Detroit and its suburbs struck a deal for a regional water authority — would leave bond insurer Financial Guaranty Insurance Co. (FGIC) and several hedge funds as the last remaining major creditors preventing an amicable resolution of the largest municipal bankruptcy in U.S. history. A Texas Litigation Lawyer is reviewing the details of this case.
Crucially, the deal is contingent on Syncora and the city convincing UBS and Bank of America to release the insurer from certain interest-rate liabilities that are connected to the $1.4-billion pension debt deal Syncora and FGIC insured.
“There is a tentative agreement between Syncora and the City that we believe is an acceptable resolution for all concerned,” Syncora said in a statement. “We have asked that the trial be delayed for 48 hours so that we can work through certain contingencies contained in the deal, including obtaining full resolution with Bank of America, UBS and other stakeholders. We are hopeful the deal will be finalized in the next 48 hours.”
While the breakthrough could delay the trial until Friday, it could ultimately shorten hearings currently scheduled to go into October.
“I think this is the happiest Kevyn Orr has been in some time,” said John Pottow, a professor at the University of Michigan Law School. “This is a big happy night.”
Syncora would get a total of about 26 cents on the dollar when all elements of the deal are included — up from no more than 10 cents under the city’s current proposal, two people familiar with the deal said Syncora is owed hundreds of millions of dollars.
Bankruptcy Judge Steven Rhodes must still approve the deal.
Pottow said he is surprised at how generous the terms of the agreement are, and predicts that Rhodes will take a close look at the agreement and will likely ask his financial expert to review it. A Boston Bankruptcy Lawyer is reviewing the details of this case.
“It sounds like a lot of money to me,” Pottow said. “If I am a feasibility expert, I will want to know how they found all of this extra money.”
A person familiar with the negotiations who spoke on condition of anonymity said terms of the deal would include giving Syncora control of a city parking garage near Grand Circus for 30 years. The deal also includes a 20-year lease extension of operation of the U.S. part of the Detroit-Windsor Tunnel. The insurer currently controls the U.S. side of the tunnel through a contract that expires in 2020.
Syncora owns the company, American Roads, that operates the tunnel on the city’s behalf. Windsor owns and operates the Canadian side of the tunnel. Proceeds from the lease are around $4 million to $5 million a year. The new lease would go through 2040.
Syncora also would receive $23.5 million in cash through so-called B-notes, bonds Detroit had already floated in the bankruptcy, the person said.
Despite the tentative deal, Bank of America and UBS stand in the way.
Syncora won’t agree to settle with Detroit unless the banks release the insurer from its responsibility to cover the banks’ losses on an $85-million deal brokered in the spring to eliminate a costly swaps deal reached by Kwame Kilpatrick’s administration to secure a steady interest rate on a $1.4-billion debt.
The banks were owed nearly $290 million on the swaps but agreed to take significantly less after Rhodes said the swaps were probably illegal.
If the banks don’t agree to end their legal fight against Syncora, Detroit may still face the insurer in court.
“Once again, the swap banks are standing in the way,” one person familiar with the deal said.
The news comes on the same day the city struck a tentative 40-year deal with Macomb, Oakland and Wayne counties to create a regional water authority that will provide $50 million annually to finance badly needed upgrades and help low-income residents avoid water shutoffs. The two deals represent major breakthroughs toward resolving the city’s $18-billion bankruptcy, the largest in U.S. history.
The city has already reached deals with unions and pensioners, leaving FGIC and the hedge funds as the last big creditor holdout in Detroit’s bankruptcy. There are hundreds of small and objectors and creditors.
Syncora would get a long-term lease on the city’s parking garage beneath Grand Circus Park, which could raise significant funds for the bond insurer, but it also must invest $13 million in upgrades. After it invests for repairs, Syncora would keep the proceeds from running the garage but would eventually give Detroit 25% of the profits. Syncora would also get parking bonds worth $21 million.
Syncora also would get $6.2 million in credits toward purchasing city property and buildings that might go up for sale in the coming years, including Joe Louis Arena. Syncora could use the credits to offset the sale price.
The settlements reflect a significant achievement for the largest municipal bankruptcy that was filed on July 18, 2013. Many thought it would take years to settle. A Baton Rouge Bankruptcy Lawyer represents businesses involved in a wide range of bankruptcy cases.
But several days into the city’s historic bankruptcy trial — after which Rhodes will have the power to approve the plan of adjustment — resolving the dispute with Syncora would be a major breakthrough.
The company has been the city’s most vociferous opponent, decrying Orr’s plan to favor retirees over financial creditors and transfer the Detroit Institute of Arts to an independent trust in exchange for outside funding to reduce pension cuts.
In August, Syncora drew Rhodes’ ire by accusing bankruptcy mediators Gerald Rosen and Eugene Driker of “naked favoritism” on behalf of pensioners. The judge is considering sanctions on Syncora’s attorneys. But a deal could help smooth over the differences.
John Roach, spokesman for Mayor Mike Duggan, said the mayor is declining to comment on the bankruptcy process, which is Orr’s responsibility. Orr’s office also refused to comment Tuesday.
Syncora and FGIC insured a $1.4-billion pension obligation certificates of participation deal brokered by Kilpatrick’s administration in 2005 to eliminate the city’s unfunded pension liabilities.A Tulsa Tax Lawyer is reviewing the details of this case.
Doug Bernstein, a bankruptcy attorney and partner with Plunkett Cooney who represents the outside foundations that helped fund the grand bargain to save the DIA and reduce pension cuts said Rhodes will still want to closely evaluate the bankruptcy plan and decide if it will solve the city’s financial issues after the city emerges from bankruptcy.
“The city still has to get past that feasibility hurdle,” Bernstein said. “The biggest remaining hurdle is feasibility.”
FGIC, as the last remaining major creditor objecting to the plan, will have a tougher time arguing against the plan on its own, Bernstein said.
The City of Detroit and creditor Syncora have reached an agreement, in principle, that would end the bond insurer’s vigorous opposition to the city’s restructuring and turn the company into an ally, reflecting a remarkable breakthrough in the city’s historic bankruptcy case.
The proposed deal — which came on the same day that Detroit and its suburbs struck a deal for a regional water authority — would leave bond insurer Financial Guaranty Insurance Co. (FGIC) and several hedge funds as the last remaining major creditors preventing an amicable resolution of the largest municipal bankruptcy in U.S. history. A Texas Litigation Lawyer is reviewing the details of this case.
Crucially, the deal is contingent on Syncora and the city convincing UBS and Bank of America to release the insurer from certain interest-rate liabilities that are connected to the $1.4-billion pension debt deal Syncora and FGIC insured.
“There is a tentative agreement between Syncora and the City that we believe is an acceptable resolution for all concerned,” Syncora said in a statement. “We have asked that the trial be delayed for 48 hours so that we can work through certain contingencies contained in the deal, including obtaining full resolution with Bank of America, UBS and other stakeholders. We are hopeful the deal will be finalized in the next 48 hours.”
While the breakthrough could delay the trial until Friday, it could ultimately shorten hearings currently scheduled to go into October.
“I think this is the happiest Kevyn Orr has been in some time,” said John Pottow, a professor at the University of Michigan Law School. “This is a big happy night.”
Syncora would get a total of about 26 cents on the dollar when all elements of the deal are included — up from no more than 10 cents under the city’s current proposal, two people familiar with the deal said Syncora is owed hundreds of millions of dollars.
Bankruptcy Judge Steven Rhodes must still approve the deal.
Pottow said he is surprised at how generous the terms of the agreement are, and predicts that Rhodes will take a close look at the agreement and will likely ask his financial expert to review it. A Boston Bankruptcy Lawyer is reviewing the details of this case.
“It sounds like a lot of money to me,” Pottow said. “If I am a feasibility expert, I will want to know how they found all of this extra money.”
A person familiar with the negotiations who spoke on condition of anonymity said terms of the deal would include giving Syncora control of a city parking garage near Grand Circus for 30 years. The deal also includes a 20-year lease extension of operation of the U.S. part of the Detroit-Windsor Tunnel. The insurer currently controls the U.S. side of the tunnel through a contract that expires in 2020.
Syncora owns the company, American Roads, that operates the tunnel on the city’s behalf. Windsor owns and operates the Canadian side of the tunnel. Proceeds from the lease are around $4 million to $5 million a year. The new lease would go through 2040.
Syncora also would receive $23.5 million in cash through so-called B-notes, bonds Detroit had already floated in the bankruptcy, the person said.
Despite the tentative deal, Bank of America and UBS stand in the way.
Syncora won’t agree to settle with Detroit unless the banks release the insurer from its responsibility to cover the banks’ losses on an $85-million deal brokered in the spring to eliminate a costly swaps deal reached by Kwame Kilpatrick’s administration to secure a steady interest rate on a $1.4-billion debt.
The banks were owed nearly $290 million on the swaps but agreed to take significantly less after Rhodes said the swaps were probably illegal.
If the banks don’t agree to end their legal fight against Syncora, Detroit may still face the insurer in court.
“Once again, the swap banks are standing in the way,” one person familiar with the deal said.
The news comes on the same day the city struck a tentative 40-year deal with Macomb, Oakland and Wayne counties to create a regional water authority that will provide $50 million annually to finance badly needed upgrades and help low-income residents avoid water shutoffs. The two deals represent major breakthroughs toward resolving the city’s $18-billion bankruptcy, the largest in U.S. history.
The city has already reached deals with unions and pensioners, leaving FGIC and the hedge funds as the last big creditor holdout in Detroit’s bankruptcy. There are hundreds of small and objectors and creditors.
Syncora would get a long-term lease on the city’s parking garage beneath Grand Circus Park, which could raise significant funds for the bond insurer, but it also must invest $13 million in upgrades. After it invests for repairs, Syncora would keep the proceeds from running the garage but would eventually give Detroit 25% of the profits. Syncora would also get parking bonds worth $21 million.
Syncora also would get $6.2 million in credits toward purchasing city property and buildings that might go up for sale in the coming years, including Joe Louis Arena. Syncora could use the credits to offset the sale price.
The settlements reflect a significant achievement for the largest municipal bankruptcy that was filed on July 18, 2013. Many thought it would take years to settle. A Baton Rouge Bankruptcy Lawyer represents businesses involved in a wide range of bankruptcy cases.
But several days into the city’s historic bankruptcy trial — after which Rhodes will have the power to approve the plan of adjustment — resolving the dispute with Syncora would be a major breakthrough.
The company has been the city’s most vociferous opponent, decrying Orr’s plan to favor retirees over financial creditors and transfer the Detroit Institute of Arts to an independent trust in exchange for outside funding to reduce pension cuts.
In August, Syncora drew Rhodes’ ire by accusing bankruptcy mediators Gerald Rosen and Eugene Driker of “naked favoritism” on behalf of pensioners. The judge is considering sanctions on Syncora’s attorneys. But a deal could help smooth over the differences.
John Roach, spokesman for Mayor Mike Duggan, said the mayor is declining to comment on the bankruptcy process, which is Orr’s responsibility. Orr’s office also refused to comment Tuesday.
Syncora and FGIC insured a $1.4-billion pension obligation certificates of participation deal brokered by Kilpatrick’s administration in 2005 to eliminate the city’s unfunded pension liabilities.A Tulsa Tax Lawyer is reviewing the details of this case.
Doug Bernstein, a bankruptcy attorney and partner with Plunkett Cooney who represents the outside foundations that helped fund the grand bargain to save the DIA and reduce pension cuts said Rhodes will still want to closely evaluate the bankruptcy plan and decide if it will solve the city’s financial issues after the city emerges from bankruptcy.
“The city still has to get past that feasibility hurdle,” Bernstein said. “The biggest remaining hurdle is feasibility.”
FGIC, as the last remaining major creditor objecting to the plan, will have a tougher time arguing against the plan on its own, Bernstein said.
08 September 2014
WITNESSES TO FATAL ATTACK ON JOGGER DESCRIBE DOGS AS 'HANGING FROM HIM'
Original Story: Detroitnews.com
Lapeer— The first person who tried to help a Livonia man during a fatal mauling testified Friday the two large dogs were “hanging from him” before being chased off with gunfire.
Edward Elmer said he was on a riding lawnmower cutting his lawn along Thomas Road in Metamora Township and waved to jogger Craig Sytsma just minutes before the July 23 attack by the Cane Corsos.
When Elmer heard Sytsma screaming he tried to go to the man’s aid but backpedaled when one of the animals looked at him menacingly. He then yelled to his girlfriend, Helen Barwig, “to get a gun,” he testified during the second day of a preliminary hearing for the dogs’ owners. A Warren dog bite lawyer is reviewing the details of this case.
Elmer said he fired one shot in the air from the .44 Magnum handgun and one dog released its grip on Sytsma and just stood and looked at him as if it was going to attack Elmer. Elmer fired a second shot and heard one animal “yelp” and the two dogs ran off.
Sebastiano Quagliata, and Valbona Lucaj, 44, are both charged with second-degree murder and harboring a dangerous animal in the bleeding death of Sytsma, 46. Lapeer District Judge Laura Barnard will decide if there is enough evidence for them to stand trial on the charges, which carry up to life in prison.
After the dogs ran off, Barwig tried to stop Sytsma’s bleeding with a roll of paper towels.
“It (blood) was pouring out, gushing out,” testified Barwig, who said Sytsma appeared to have suffered deep wounds to his right and left sides. A Mt. Clemens Dog Bite Lawyer has experience representing animal attack victims.
“At one point he said they got an artery and he was going to die,” she said, her voice breaking.
As they waited for an ambulance to arrive, Barwig, who is an emergency medical technician, said she could not get a pulse from Sytsma, who went limp.
She tried CPR for several minutes but was unable to revive him.
During the rescue efforts, one of the dogs returned and Elmer said he fired again at the animal and it turned away.
Two other people testified Friday they had had been attacked by Quagliata and Lucaj’s dogs.
April Smith, 25, said she and a sister were walking their leashed dogs on Thomas in May 2012 when they were attacked by one of the Cane Corsos, which bit Smith three times in the back of the leg. A Grosse Pointe Dog Bite Lawyer is reviewing the details of this case.
Jim Salego said he was walking on the street in November 2013 when he was surrounded by three growling Cane Corsos he kept at bay briefly with a walking stick before one of them bit him in the leg and the animals were called off by Quagliata.
“He (Quagliata) came out yelling ‘Don’t call cops. I will pay. I will take you to the hospital,’ ” said Salego, who said his leg was bleeding and he did call the police.
Salego said the bite required stitches and when he later asked police “what happened to the dogs” he said he was told the matter would be handled by the county animal control division.
Salego and Smith have since sued Quagliata and Lucaj for damages.
In testimony last week, veterinarian Dr. Sherry Wallace said Quagliata and Lucaj were warned weeks before the fatal attack their dogs were dangerous and should be seen by an animal behaviorist.
Wallace testified the two dogs tried to bite her and co-workers during routine examinations to be weighed and had to be restrained by Lucaj and the couple’s teenage children. She warned the couple the dogs were aggressive and dangerous.
The two Cane Corsos and another adult dog that had been involved in a previous attack have all since been destroyed. Seven puppies kept in the home have been turned over to an animal rescue group in Texas, authorities said.
The couple remain jailed in lieu of $500,000 bond each, pending resumption of the exam 1:30 p.m. Sept. 12.
Lapeer— The first person who tried to help a Livonia man during a fatal mauling testified Friday the two large dogs were “hanging from him” before being chased off with gunfire.
Edward Elmer said he was on a riding lawnmower cutting his lawn along Thomas Road in Metamora Township and waved to jogger Craig Sytsma just minutes before the July 23 attack by the Cane Corsos.
When Elmer heard Sytsma screaming he tried to go to the man’s aid but backpedaled when one of the animals looked at him menacingly. He then yelled to his girlfriend, Helen Barwig, “to get a gun,” he testified during the second day of a preliminary hearing for the dogs’ owners. A Warren dog bite lawyer is reviewing the details of this case.
Elmer said he fired one shot in the air from the .44 Magnum handgun and one dog released its grip on Sytsma and just stood and looked at him as if it was going to attack Elmer. Elmer fired a second shot and heard one animal “yelp” and the two dogs ran off.
Sebastiano Quagliata, and Valbona Lucaj, 44, are both charged with second-degree murder and harboring a dangerous animal in the bleeding death of Sytsma, 46. Lapeer District Judge Laura Barnard will decide if there is enough evidence for them to stand trial on the charges, which carry up to life in prison.
After the dogs ran off, Barwig tried to stop Sytsma’s bleeding with a roll of paper towels.
“It (blood) was pouring out, gushing out,” testified Barwig, who said Sytsma appeared to have suffered deep wounds to his right and left sides. A Mt. Clemens Dog Bite Lawyer has experience representing animal attack victims.
“At one point he said they got an artery and he was going to die,” she said, her voice breaking.
As they waited for an ambulance to arrive, Barwig, who is an emergency medical technician, said she could not get a pulse from Sytsma, who went limp.
She tried CPR for several minutes but was unable to revive him.
During the rescue efforts, one of the dogs returned and Elmer said he fired again at the animal and it turned away.
Two other people testified Friday they had had been attacked by Quagliata and Lucaj’s dogs.
April Smith, 25, said she and a sister were walking their leashed dogs on Thomas in May 2012 when they were attacked by one of the Cane Corsos, which bit Smith three times in the back of the leg. A Grosse Pointe Dog Bite Lawyer is reviewing the details of this case.
Jim Salego said he was walking on the street in November 2013 when he was surrounded by three growling Cane Corsos he kept at bay briefly with a walking stick before one of them bit him in the leg and the animals were called off by Quagliata.
“He (Quagliata) came out yelling ‘Don’t call cops. I will pay. I will take you to the hospital,’ ” said Salego, who said his leg was bleeding and he did call the police.
Salego said the bite required stitches and when he later asked police “what happened to the dogs” he said he was told the matter would be handled by the county animal control division.
Salego and Smith have since sued Quagliata and Lucaj for damages.
In testimony last week, veterinarian Dr. Sherry Wallace said Quagliata and Lucaj were warned weeks before the fatal attack their dogs were dangerous and should be seen by an animal behaviorist.
Wallace testified the two dogs tried to bite her and co-workers during routine examinations to be weighed and had to be restrained by Lucaj and the couple’s teenage children. She warned the couple the dogs were aggressive and dangerous.
The two Cane Corsos and another adult dog that had been involved in a previous attack have all since been destroyed. Seven puppies kept in the home have been turned over to an animal rescue group in Texas, authorities said.
The couple remain jailed in lieu of $500,000 bond each, pending resumption of the exam 1:30 p.m. Sept. 12.
GRAND RAPIDS MAN, 26, KILLED IN MOTORCYCLE CRASH IN COOPERSVILLE
Original Story: Mlive.com
COOPERSVILLE, MI -- A 26-year-old Grand Rapids man was killed Wednesday when his motorcycle collided with a car in Coopersville, authorities said.
Michael VanHolstyn was pronounced dead at the scene of the crash that occurred at 64th Avenue and Randall Street about 1:25 p.m. Aug. 20, deputies said. A Grand Rapids motorcycle accident lawyer is reviewing the details of this case.
The driver of a Chevrolet Impala, identified as 61-year-old Bradley Silvis, of Muskegon, told deputies he was traveling south on 64th Avenue and stopped at a stop sign before proceeding through the intersection.
Authorities said VanHolstyn was westbound on Randall Street, and his motorcycle struck the Impala in the front of the car on the driver's side.
VanHolstyn was thrown from the Suzuki motorcycle and pronounced dead at the scene, deputies said. He was wearing a helmet. A Warren motorcycle accident lawyer has experience in motorcycle accident claims.
Witnesses told investigators that VanHolstyn's motorcycle appeared to be traveling faster than the 45 mph speed limit.
Silvis and a front seat passenger, Peggy Silvis, 62, of Muskegon, were not injured in the crash. Both were wearing seatbelts.
The crash is under investigation.
COOPERSVILLE, MI -- A 26-year-old Grand Rapids man was killed Wednesday when his motorcycle collided with a car in Coopersville, authorities said.
Michael VanHolstyn was pronounced dead at the scene of the crash that occurred at 64th Avenue and Randall Street about 1:25 p.m. Aug. 20, deputies said. A Grand Rapids motorcycle accident lawyer is reviewing the details of this case.
The driver of a Chevrolet Impala, identified as 61-year-old Bradley Silvis, of Muskegon, told deputies he was traveling south on 64th Avenue and stopped at a stop sign before proceeding through the intersection.
Authorities said VanHolstyn was westbound on Randall Street, and his motorcycle struck the Impala in the front of the car on the driver's side.
VanHolstyn was thrown from the Suzuki motorcycle and pronounced dead at the scene, deputies said. He was wearing a helmet. A Warren motorcycle accident lawyer has experience in motorcycle accident claims.
Witnesses told investigators that VanHolstyn's motorcycle appeared to be traveling faster than the 45 mph speed limit.
Silvis and a front seat passenger, Peggy Silvis, 62, of Muskegon, were not injured in the crash. Both were wearing seatbelts.
The crash is under investigation.
07 September 2014
MAN LOSES MOST OF HAND IN MACOMB COUNTY FIREWORKS BLAST
Original Story: Freep.com
A 37-year-old man lost most of his left hand in a fireworks accident over the weekend in New Haven, according to the Macomb County Sheriff’s Office. A Mt. Clemens injury lawyer is reviewing this case.
Deputies said a fireworks mortar blew up in the man’s hand Saturday night at a home on First Street, leaving only the index finger and thumb remaining. The man was initially transported by ambulance to a hospital in Mt Clemens and subsequently flown to University of Michigan Hospitals in Ann Arbor for further treatment, the sheriff’s office said in a news release Monday.
A witness told police the man, whose name was not released, was on a patio behind the home and holding a mortar in his hand when it went off sending debris several hundred feet into the air.
Drinking was a factor in the incident, deputies said.
A 37-year-old man lost most of his left hand in a fireworks accident over the weekend in New Haven, according to the Macomb County Sheriff’s Office. A Mt. Clemens injury lawyer is reviewing this case.
Deputies said a fireworks mortar blew up in the man’s hand Saturday night at a home on First Street, leaving only the index finger and thumb remaining. The man was initially transported by ambulance to a hospital in Mt Clemens and subsequently flown to University of Michigan Hospitals in Ann Arbor for further treatment, the sheriff’s office said in a news release Monday.
A witness told police the man, whose name was not released, was on a patio behind the home and holding a mortar in his hand when it went off sending debris several hundred feet into the air.
Drinking was a factor in the incident, deputies said.
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