She wondered if he had discussed chapter nine at all. He said he spoke only in generalities that “there was a raised risk for a bankruptcy.” “I never said it was coming in July, it was in his email.”
Green: “You had just met with him. Did you respond that says I did not share any information like that with you?”
Buckfire: “This was not my email.”
Green: “Are you denying you told them a bankruptcy was coming in July?”
Buckfire: I never told them that. I told them the city did not have a forbearance agreement and they should be concerned about doing something about the DIA as soon as possible.”
Green: ”Was it possible that someone in that meeting said that a bankruptcy filing would be coming in July? “Mr. Bennett and Myself were there.”
Green: “Did Mr. Bennett say a filing was coming in July.”
Green produced a number of emails showing discussions of chapter 9 filings and even a formal plan of adjustment [a bankruptcy resolution] would be filed by November 13th.
Green: You discussed a formal plan in November with DIA representatives?
Buckfire: I explained to Mr. Medor if we were successful in coming up with a plan, it would be the end of this year, but the city needed to get one as quickly as possible.”
Looping back around, Green asked “so did Bankruptcy in July ever come up?”
Buckfire: "No, we were explaining what we were doing with the creditors.”
2:40 PM --
Green’s line of questioning Buckfire’s recollection of his discussions of different subjects. One was the repeal of PA 4. Buckfire testified he never had any discussions with anyone, including Jones Day the city’s bankruptcy counsel, regarding the repeal of PA 4. Then she produced some emails that Buckfire was copied on discussing the very topic.
Green asked: “Did you recall discussions with Jones Day regarding the repeal of PA 4?”
Later, Green asked Buckfire about a meeting with Gov. Rick Snyder and he said:
Buckfire: “Meeting where we briefed the governor June 6th… they were interested in the application of restructuring techniques in the city of Detroit on how to resolve the situation.”
Later Green shoed a June 5, 2012 email and asked, "Any discussion about Chapter 9 filing? Did you discuss pension liabilities or memos regarding constitutional protections of the pension liabilities at this meeting?"
Green: Did you receive any memos from Jones Day on Chapter 9 proceedings?
Buckfire: In general yes but not specifically.
Green then moved on to what Buckfire had discussed with Detroit Emergency Manager Kevyn Orr regarding chapter 9
Buckfire: “I had told Mr. Orr that he should not file a Chapter 9 unless there was a forbearance agreement executed. It was executed on July 16th.