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Foundations Pledge $330 Million to Keep Detroit Institute of Arts Collection Safe from Liquidation

Posted by Nicholas O'Donnell on January 13, 2014 at 8:40 AM

Detroit Emergency Manager Kevyn Orr’s plan to monetize the collection of the Detroit Institute of Arts, whether by sale or otherwise, took a large step towards realization today when at least nine local and national foundations pledged up to $330 million to Detroit to keep the collection of the Detroit Institute of Arts safe from sale, loan, or other encumbrance, and also to shore up pension funds Following the release of Christie’s appraisal report, and weeks of rumors that a “grand bargain” was in the works to raise money in exchange for keeping DIA’s art collection out of any plan of adjustment for the city’s bankruptcy, the Detroit Free Press reports today that federal mediator and U.S. District Court Judge Gerald Rosen released a statement outlining the pledge. The foundations identified are the Community Foundation for Southeast Michigan, the Kresge Foundation, the Ford Foundation, the John S. and James L. Knight Foundation, the William Davidson Foundation, the Fred A. and Barbara M. Erb Family Foundation, the Hudson-Webber Foundation, the McGregor Fund and the Charles Stewart Mott Foundation.

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Topics: Old Master, the Ford Foundation, Mark Stryker, Chapter 9, the Fred A. and Barbara M. Erb Family Foundation, the Hudson-Webber Foundation, 11 U.S.C. § 904, Impressionism, Amedeo Modigliani, Michelangelo, the John S. and James L. Knight Foundation, the William Davidson Foundation, Judge Rhodes, Christie's, valuation, Scheme for the Decoration of the Ceiling of the Si, Appraisal, Modernist Art, Detroit, the McGregor Fund, Eugene Driker, Detroit Institute of Arts, Bankruptcy, Gerald Rosen, the Kresge Foundation, the Charles Stewart Mott Foundation, Detroit Emergency Manager, Kevyn Orr, Detroit Free Press, eligibility, Detroit Bankruptcy, the Community Foundation for Southeast Michigan

Hearing Set On Creditors' Motion to Force an Appraisal Committee for the Detroit Institute of Arts Collection

Posted by Nicholas O'Donnell on December 20, 2013 at 4:48 AM

Following on yesterday's release of the full report and recommendations by Christie's with regard to the collection of the Detroit Institute of Arts, the Bankruptcy Court has set a hearing on the creditors' earlier motion to force appraisal of additional works of art.

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Topics: Chapter 9, 11 U.S.C. § 904, Judge Rhodes, Christie's, valuation, Appraisal, Detroit, Detroit Institute of Arts, Bankruptcy, Detroit Emergency Manager, Kevyn Orr, Detroit Free Press, eligibility, Detroit Bankruptcy

Full Christie’s Report Issued on Detroit Institute of Arts Collection, City Holding the Cards to Push for Negotiated Grand Bargain

Posted by Nicholas O'Donnell on December 19, 2013 at 6:15 AM

After Judge Rhodes of the Bankruptcy Court for the Eastern District of Michigan ruled on December 3, 2013 that the city of Detroit is eligible for Chapter 9 Bankruptcy protection, the city immediately divulged that the report commissioned by the city from Christie’s to appraise the Detroit Institute of Arts (DIA) collection was nearly finished. On the day of the eligibility ruling, Emergency Manager Kevyn Orr and Christie’s announced some tentative conclusions from the report, namely, that the 2,781 works appraised (roughly 5% of the total collection) had a value of approximately $452 million to $866 million. This was considerably lower than many had speculated.

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Topics: Old Master, Mark Stryker, Chapter 9, Scheme for Decoration of Sistine Chapel Ceiling, 11 U.S.C. § 904, Impressionism, Amedeo Modigliani, Michelangelo, Judge Rhodes, Christie's, valuation, Appraisal, Modernist Art, Detroit, Eugene Driker, Detroit Institute of Arts, Bankruptcy, Gerald Rosen, Detroit Emergency Manager, Kevyn Orr, Detroit Free Press, eligibility, Detroit Bankruptcy

Post Eligibility Ruling, Kevyn Orr Reiterates Expectation That DIA will Contribute Revenue to City’s Financial Plan

Posted by Nicholas O'Donnell on December 3, 2013 at 1:47 PM

Just after the Bankruptcy Court held that Detroit is indeed eligible for Chapter 9 bankruptcy, Emergency Manager Kevyn Orr reiterated that he expects the Detroit Institute of Arts to contribute financially to the city’s plan to emerge from insolvency. Said Orr, “We’d like to find a way to monetize the DIA.”

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Topics: DIA collection sale, Detroit, Detroit Institute of Arts, DIA, Kevyn Orr, Detroit Bankruptcy

Detroit Institute of Arts Responds Swiftly to Detroit Bankruptcy Eligibility Ruling

Posted by Nicholas O'Donnell on December 3, 2013 at 7:16 AM

The Detroit Institute of Arts was ready: the museum released a statement immediately after the Bankruptcy Court's ruling today that Detroit is eligible for Chapter 9 Bankruptcy (in which specific reference to the DIA collection was made). As we expected, DIA took aim at last week's creditors, and make clear its vehement objection to the capitalization of the museum's collection. The statement reads:

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Topics: DIA collection sale, Detroit, Detroit Institute of Arts, Detroit Bankruptcy

Detroit Bankruptcy Will Proceed, Judge’s Comments about Detroit Institute of Arts Could Affect Involvement or Sale of Artwork

Posted by Nicholas O'Donnell on December 3, 2013 at 6:59 AM

The Hon. Steven W. Rhodes of the U.S. District Court for the Eastern District of Michigan has ruled that Detroit may proceed with its Chapter 9 bankruptcy. Judge Rhodes explained his ruling for over an hour from the bench, finding Chapter 9 itself to be constitutional, and addressing other challenges including the requirements of Michigan state law, whether the city had bargained in good faith, and the extent to which pensions could be cut in the eventual plan to emerge from bankruptcy. The written decision is not yet available, but check back later in the day and it will be posted here.

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Topics: kevyn, DIA collection sale, Steven W. Rhodes, U.S. District Court for the Eastern District of Mi, Christie's, Detroit, Detroit Institute of Arts, DIA, Detroit Bankruptcy

Detroit Creditors Press Bankruptcy Court for Action on Sale of Detroit Institute of Arts Collection, Motion Likely Premature and Unfounded

Posted by Nicholas O'Donnell on November 27, 2013 at 9:11 AM

Major creditors of the city of Detroit filed a request in the bankruptcy proceeding to hasten the process of evaluating the value of the collection of the Detroit Institute of Arts. The motion raises a few questions, but fundamentally it is off-base: in a municipal bankruptcy the creditors are never going to be able to force the sale of DIA's art. It will ultimately be, as it has always been, the decision of the city through its emergency manager Kevyn Orr. Significantly, though, this is the first actual filing in the bankruptcy related to DIA.

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Topics: Syncora Guarantee Inc., NORD/LB Covered Finance Bank S.A., City of Detroit Retirees, 11 U.S.C. § 904, Syncora Capital Assurance Inc., Dexia Crédit Local, FMS-WM Service, Christie's, valuation, Ambac Assurance Corporation, Appraisal, Detroit, Detroit Institute of Arts, Bankruptcy, FMS Wertmanagement, DIA, Erste Europäische Pfandbrief-und Kommunalkreditban, Hypothekenbank Frankfurt International S.A., Dexia Holdings, Michigan Council 25 of the American Federation of, AFL-CIO and Sub-Chapter 98, Kevyn Orr, Hypothekenbank Frankfurt AG, Financial Guaranty Insurance Company, Detroit Bankruptcy, National Association

Last Call: "Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" on Monday

Posted by Nicholas O'Donnell on October 25, 2013 at 12:22 PM

A last reminder that on Monday, there will be a panel discusion at Columbia Law School entited "Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" From the event description:

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Topics: Donn Zaretsky, Roberta Smith, Deaccession, Pollock-Krasner Foundation, Cornell University, Graham W. J. Beal, Richard Levin, Frank Robinson, Pippa Loengard, the Art Law Report, Events, Selling the Museum's Collection: Is Deaccessioning, Williams College Museum of Art, Nicholas O'Donnell, Rhode Island School of Design, New York Times, Detroit Bankruptcy, Samuel Sachs II, Detroit Institute of Art

Detroit Bankruptcy Eligibility Trial Begins, Art Collection Could Hang in the Balance

Posted by Nicholas O'Donnell on October 23, 2013 at 5:22 AM

Trial begins today in the U.S. Bankruptcy Court in Detroit over whether the city of Detroit is even eligible for the Chapter 9 bankrupcty protection it sought earlier this year. The major point of contention is whether Detroit may, under the Michigan constitution, seek bankrupcty in a way that would reduce pension payments (as it would reduce payment to all its creditors).

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Topics: American Alliance of Museums, Ford Bell, Detroit, Bankruptcy, Detroit In, Kevyn Orr, Detroit Free Press, Detroit Bankruptcy

Detroit Emergency Manager Expects DIA Collection to Bring Revenue

Posted by Nicholas O'Donnell on October 14, 2013 at 8:29 AM

As the controversy around the possible sale of the Detroit Institute of Arts’ collection continues to swirl, Emergency Manager Kevyn Orr has given some of his most pointed comments to date about his expectations.

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Topics: Diego Rivera, Michigan Attorney General, Judge Rhodes, Christie's, Detroit Institute of Arts, Bankruptcy, Michigan Constitution, Bill Schuette, Kevyn Orr, Detroit Bankruptcy

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About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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