Judge rules Detroit Chapter 9 bankruptcy filing unconstitutional

A circuit court judge in Ingham County ruled that the City of Detroit's Chapter 9 bankruptcy filed on Thursday violates the Michigan constitution, according to court orders she issued in three separate cases involving city pensioners.

Ingham County Circuit Court Judge Rosemarie E. Aquilina issued the orders Thursday and Friday, including a temporary restraining order, in an attempt to halt the Chapter 9 filing by Emergency Manager Kevyn Orr. The judge says the bankruptcy filing "…will cause irreparable injury" to  the pensioners.

"In order to rectify his unauthorized and unconstitutional actions described above," wrote Judge Aquilina, the Governor must (1) direct the Emergency Manager to immediately withdraw the Chapter 9 petition filed on July 18, and (2) not authorize any further Chapter 9 filing which threatens to diminish or impair accrued pension benefits."

The order also includes many hand-written notes through them, including a final note on one order from the judge, which states that the order will "…be transmitted to President Obama."

The judge will hold a hearing on Monday, at 9 a.m. on the restraining order, which she also writes is in effect until August 22.  

Governor Rick Snyder is appealing the judge's decision. 

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