April 18, 2024

Judge Clears Path for Detroit Bankruptcy Case

The decision by Judge Steven Rhodes of United States Bankruptcy Court freezes all litigation against the city during the bankruptcy process and consolidates state-level legal challenges to Detroit’s Chapter 9 filing into the federal bankruptcy case.

The federal bankruptcy court has “exclusive jurisdiction” over the case, he said, adding, “There is no case law that holds otherwise.”

It was a dramatic beginning to the largest municipal bankruptcy case in American history.

The judge was attempting to put to rest a legal spat that began almost immediately after Detroit filed for bankruptcy last Thursday, the largest American city ever to do so. On Friday a state judge, Judge Rosemarie Aquilina of Ingham County Circuit Court, ruled that the filing violated the state Constitution, which protects the pensions of retired public employees. The city has been expected to seek reductions in pensions in bankruptcy court as part of its broader efforts to reduce Detroit’s estimated $18 billion in debts and other obligations.

Judge Aquilina’s ruling was appealed by the state attorney general to the Michigan Court of Appeals, which on Tuesday issued a stay of her order pending their appellate decision.

But on Wednesday, in the first hearing on the Chapter 9 case, Judge Rhodes approved a motion by the city’s emergency financial manager, Kevyn D. Orr, to freeze all litigation against the city during the bankruptcy process.

The move effectively gives Judge Rhodes the authority to rule on the issues raised by retired public employees regarding their pensions.

Judge Rhodes also granted a second motion by the emergency manager that extends protection from litigation to Gov. Rick Snyder of Michigan and other state officials.

Last week, Mr. Snyder accepted the city’s emergency manager’s recommendation and ordered Detroit to file for Chapter 9.

Both Mr. Snyder and Mr. Orr have said that a bankruptcy filing was the only option to reverse Detroit’s decades-long decline and settle its crushing debt.

As the case began, protesters gathered outside the federal courthouse downtown. Some of those were city employees who said the governor had illegally taken over control of the city from residents and elected public officials.

Article source: http://www.nytimes.com/2013/07/25/us/judge-clears-path-for-detroit-bankruptcy-case.html?partner=rss&emc=rss

Media Decoder Blog: Newspaper Publisher Files for Bankruptcy

The Journal Register Company, whose newspapers include The New Haven Register and The Trentonian, has again filed for bankruptcy protection and hopes for a quick sale, said Digital First Media, which operates the company along with the MediaNews Group.

The Chapter 11 filing announced Wednesday comes three years after Journal Register emerged from a prior bankruptcy case.

Earlier
Newspaper’s Digital Apostle

In this profile from last year, John Paton, the chief executive of Digital First Media, which operates the Journal Register Company, argued that newspapers had to move quickly to digital from print.

Digital First Media says it expects normal operations to continue during the sales process. Journal Register would be sold at auction, it said, and had signed a stalking horse bid from an affiliate of Alden Global Capital.

The chief executive of Digital First, John Paton, said Journal Register had more than doubled its digital audience in the last two years. But he said the company was still struggling with print advertising and legacy costs.

Journal Register operates news and media operations in 10 states.

In making the announcement, the company sent an e-mail to the staff, which follows below:

E-Mail to the Staff

Today Digital First Media announced Journal Register Company has filed
for Chapter 11 bankruptcy and will seek to implement a prompt sale.

We expect the auction and sale process to take about 90 days, and I am
pleased to tell you the company has a signed stalking horse bid for
Journal Register Company from 21st CMH Acquisition Company, an affiliate
of funds managed by Alden Global Capital L.L.C.

So why file Chapter 11?

The company exited the 2009 restructuring with approximately $225
million in debt and with a legacy cost structure, which includes
leases, defined benefit pensions and other liabilities that are now
unsustainable and threaten the company’s efforts for a successful
digital transformation.

From 2009 through 2011, digital revenue grew 235 percent and digital audience
more than doubled at Journal Register Company. So far this year,
digital revenue is up 32.5 percent. Expenses by year’s end will be down more
than 9.7 percent compared to 2009.

At the same time, as total expenses were down overall, the Company has
invested heavily in digital with digital expenses up 151 percent since 2009.
Journal Register Company has and will continue to invest in the
future.

But also from 2009 to 2011 Journal Register Company’s print
advertising revenue declined 19 percent and print advertising represents more
than half of the company’s revenues. Print advertising for the
newspaper industry declined approximately 17 percent over the same time
period, according to the Newspaper Association of America. As well,
both print circulation and circulation revenue have also declined over
the same time period.

Since 2009, printing facilities have been reduced from 14 to 6; 9 of
the 50 owned facilities have been sold and 8 distribution centers have
been outsourced.

During the same time period, debt was reduced by 28 percent with the company
currently servicing in excess of $160 million of debt.

All of the digital initiatives and expense efforts are consistent with
the company’s Digital First strategy and while the Journal Register
Company cannot afford to halt its investments in its digital future it
can now no longer afford the legacy obligations incurred in the past.

Many of those obligations, such as leases, were entered into in the
past when revenues, at their peak, were nearly twice as big as they
are today and are no longer sustainable. Revenues in 2005 were about
two times bigger than projected 2012 revenues. Defined Benefit Pension
underfunding liabilities have grown 52 percent since 2009.

After a lot of thought, the board of directors concluded a Chapter 11
filing was the best course of action.

Journal Register Company’s filing will have no impact on the
day-to-day operation of Journal Register Company, Digital First Media
or MediaNews Group during the sale process. They will continue to
operate their business and roll out new initiatives.

If you have questions just ask ­ you know how to reach me.

I know this announcement will leave you with questions ­ ask. Your
managers, I and any member of senior leadership at Digital First Media
will be available to answer.

And while I get this news may make some of you nervous, don’t let it.
Concentrate on the job at hand and we will work through this. This
really is the right decision for Journal Register Company.

Article source: http://mediadecoder.blogs.nytimes.com/2012/09/05/newspaper-publisher-journal-register-files-for-bankruptcy-and-plans-for-a-sale/?partner=rss&emc=rss