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S2 | MONDAY, MARCH 3, 2014 | Corporate Restructuring & Bankruptcy
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that the amount could be signiicantly less. 
How Detroit’s Chapter 9 BY PAUL J. LABOV On Dec. 5, 2013, over the objections of vari- 
AND DANA G. HEFTER
ous pension plans and others, Judge Steven 
W. Rhodes of the U.S. Bankruptcy Court for 
the Eastern District of Michigan issued an O
n July 18, 2013, the city of Detroit 
extensive opinion determining that Detroit made history as becoming the larg- 
Case Could Affect was eligible to be a Chapter 9 debtor. In doing est U.S. city to file a petition under
so, Rhodes made certain indings relating Chapter 9 of the Bankruptcy Code.1 As in 
to Detroit’s pension obligations which, if
many Chapter 9 cases, much of the debate 

New York Municipalities
has focused on underfunded pension obli- 
gations lowing from Detroit to an array of 
PAUL J. LABOV is a partner and DANA G. HEFTER is pensioners. Indeed, in its bankruptcy peti- 
an associate of Edwards Wildman Palmer in New tion, Detroit reported unfunded pension 
York. Associates SARAH E. O’DEA and MICHAEL B. KIND obligations of approximately $3.5 billion, 
assisted in the preparation of this article.
though the pension plans have suggested




Inside
Corporate Restructuring 

And Bankruptcy
S4 SCOTUS to Rule S6 Utilizing Pre-Approved S8 Debtors’ Delusions 
On Powers
Retainers Under
Of Bankruptcy
S
S
Of Bankruptcy Judges
Code Section 328
BY LESLIE BERKOFF
Kris Fischer, Editor-In-Chief 
BY JEFFREY A. WURST BY SETH H. LIEBERMAN
Angela Turturro, Sections Editor 
AND JON H. RUISS JR.
Monika Kozak, Design
SS


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