Green: did you know the Chapter 9 would be filed before July 16th?
Green: “How soon after the forbearance agreement was signed would there be a chapter 9 filing?”
Buckfire: “I did not know”
Green: “You had no idea the petition would be filed two days later?”
Green: “Were you surprised the filing came on the 18th?”
Once again there was a little bit of levity:
It was at this point that the judge admonished Buckfire for volunteering more information than was asked for in his answers.
The judge told Buckfire, “I am asking you to answer just the question asked.”
It was at that point Green said she was finished with her cross examination but thanked the judge for his assistance.
Bill Wortheimer is the attorney for the so-called Flower plaintiffs. They were the five Detroit retirees who sued to prevent a Chapter 9 filing based on the Michigan Constitution’s requirement that pensions cannot be altered.
Wortheimer: Did you ever talk about the constitutional requirement with Mr. Orr.
Buckfire: “It just wasn’t important.”
Later, Wortheimer wanted to know if Buckfire had discussed the bankruptcy filing on July 18th, 2013. Buckfire had testified it was a surprise to him it would be filed that day.
Wortheimer wanted to know if he ever discussed it the reason for the filing with Kevyn Orr. Buckfire said, yes, that it came a few days after the filing.
Wortheimer wanted to know how the conversation went.
Buckfire: “Mr. Orr feared losing control of the process.”
Wortheimer pressed on to get specifics about the reasons for that. Buckfire admitted the Flowers lawsuit being heard by Judge Aquilina in Ingham county was in fact the case.
Wortheimer: Orr told you one for the reason for moving-up the filing was the lawsuit.