<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: Bankruptcy judge rejects CalPERS&#8217; claim to protected status	</title>
	<atom:link href="https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/feed/" rel="self" type="application/rss+xml" />
	<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/</link>
	<description></description>
	<lastBuildDate>Fri, 05 Apr 2013 03:50:48 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: Brown delta trout		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10039</link>

		<dc:creator><![CDATA[Brown delta trout]]></dc:creator>
		<pubDate>Fri, 05 Apr 2013 03:50:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10039</guid>

					<description><![CDATA[I met a man who worked in a high position in the banking and securities industry, who twenty years ago said the whole thing was going under and was really scared.  He bought a big ranch in Wyoming, made it a fort/compound with hi-tech security and moved out into the &quot;woods.&quot;  Haven&#039;t talked to him since then.  But that was before Michael Milkens incarceration, before the Saving and Loan scandals, and long before our sub-prime junk bond meltdown, and obviously before the coming municiple junk bond meltdown.]]></description>
			<content:encoded><![CDATA[<p>I met a man who worked in a high position in the banking and securities industry, who twenty years ago said the whole thing was going under and was really scared.  He bought a big ranch in Wyoming, made it a fort/compound with hi-tech security and moved out into the &#8220;woods.&#8221;  Haven&#8217;t talked to him since then.  But that was before Michael Milkens incarceration, before the Saving and Loan scandals, and long before our sub-prime junk bond meltdown, and obviously before the coming municiple junk bond meltdown.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Donkey		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10038</link>

		<dc:creator><![CDATA[Donkey]]></dc:creator>
		<pubDate>Fri, 05 Apr 2013 01:32:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10038</guid>

					<description><![CDATA[The only &quot;conspiracy&quot; I see, is the RAGWUS, with its long list of offenses against the citizens of this state.  :)]]></description>
			<content:encoded><![CDATA[<p>The only &#8220;conspiracy&#8221; I see, is the RAGWUS, with its long list of offenses against the citizens of this state.  🙂</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: SkippingDog		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10037</link>

		<dc:creator><![CDATA[SkippingDog]]></dc:creator>
		<pubDate>Thu, 04 Apr 2013 22:58:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10037</guid>

					<description><![CDATA[Now you&#039;re claiming that the financial security industry, the very center of free market capitalism in the world, is a Communist conspiracy?  You&#039;re starting to sound as deranged as Rex and Observer.]]></description>
			<content:encoded><![CDATA[<p>Now you&#8217;re claiming that the financial security industry, the very center of free market capitalism in the world, is a Communist conspiracy?  You&#8217;re starting to sound as deranged as Rex and Observer.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Donkey		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10036</link>

		<dc:creator><![CDATA[Donkey]]></dc:creator>
		<pubDate>Thu, 04 Apr 2013 14:35:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10036</guid>

					<description><![CDATA[Because you spent your working life sucking off the labor of others it is no wonder you find nothing wrong in the world of securities SKdog, you have the mindset of all Communists, the worth of the dollar is quickly evaporating on the world market, go to any store and check out the prices of products. Your day is conming soon!!  :)]]></description>
			<content:encoded><![CDATA[<p>Because you spent your working life sucking off the labor of others it is no wonder you find nothing wrong in the world of securities SKdog, you have the mindset of all Communists, the worth of the dollar is quickly evaporating on the world market, go to any store and check out the prices of products. Your day is conming soon!!  🙂</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: SkippingDog		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10035</link>

		<dc:creator><![CDATA[SkippingDog]]></dc:creator>
		<pubDate>Thu, 04 Apr 2013 05:21:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10035</guid>

					<description><![CDATA[Keep hoping for that apocalypse, Donkey.  It&#039;s hard to see how you rationally work out your claim that everyone is broke when our securities markets are once more at record highs and large business is sitting on a mountain of ready cash.  The U.S. economy is recovering much faster than elsewhere in the world, even as our greatest potential market rival, China, is watching the wheels of its economy begin to loosen and wobble.

The facts just don&#039;t back up your continuing claims of an economic apocalypse, nor do the actions of the people who would truly be in the position to see such a thing coming.  

You might as well break out some of those MRE&#039;s and that freez-dried food you&#039;ve been prepping with, since it will go bad long before you ever have a chance to make yourself a post-apocalypse warlord like in your fantasy life.]]></description>
			<content:encoded><![CDATA[<p>Keep hoping for that apocalypse, Donkey.  It&#8217;s hard to see how you rationally work out your claim that everyone is broke when our securities markets are once more at record highs and large business is sitting on a mountain of ready cash.  The U.S. economy is recovering much faster than elsewhere in the world, even as our greatest potential market rival, China, is watching the wheels of its economy begin to loosen and wobble.</p>
<p>The facts just don&#8217;t back up your continuing claims of an economic apocalypse, nor do the actions of the people who would truly be in the position to see such a thing coming.  </p>
<p>You might as well break out some of those MRE&#8217;s and that freez-dried food you&#8217;ve been prepping with, since it will go bad long before you ever have a chance to make yourself a post-apocalypse warlord like in your fantasy life.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Donkey		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10034</link>

		<dc:creator><![CDATA[Donkey]]></dc:creator>
		<pubDate>Thu, 04 Apr 2013 04:37:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10034</guid>

					<description><![CDATA[Skdog, you just don&#039;t get it do ya!!  This nation is broke! This state is Broke!  The counties, and cities are broke!  

   California is over a trillion dollars in debt just to it&#039;s pensions, and the cities and counties are three to four trillion more. The funding of your pension is irrelevant, they are all going down, and you with them. 

   Like I wrote earlier, the math is simple, why are the RAGWUS feeders oblivious to math? 

  Intelligent people need to step forward and put a stop the crooks and thieves running the RAGWUS.  

  Niccolo must have knew the intelligence of the average RAGWUS feeder: &quot;There are three classes of intellects: one which comprehends by itself; another which appreciates what others comprehend; and a third which neither comprehends by itself nor by the showing of others; the first is the most excellent, the second is good, and the third is useless.&quot; Yes SKdog, you are in the third class.  :)]]></description>
			<content:encoded><![CDATA[<p>Skdog, you just don&#8217;t get it do ya!!  This nation is broke! This state is Broke!  The counties, and cities are broke!  </p>
<p>   California is over a trillion dollars in debt just to it&#8217;s pensions, and the cities and counties are three to four trillion more. The funding of your pension is irrelevant, they are all going down, and you with them. </p>
<p>   Like I wrote earlier, the math is simple, why are the RAGWUS feeders oblivious to math? </p>
<p>  Intelligent people need to step forward and put a stop the crooks and thieves running the RAGWUS.  </p>
<p>  Niccolo must have knew the intelligence of the average RAGWUS feeder: &#8220;There are three classes of intellects: one which comprehends by itself; another which appreciates what others comprehend; and a third which neither comprehends by itself nor by the showing of others; the first is the most excellent, the second is good, and the third is useless.&#8221; Yes SKdog, you are in the third class.  🙂</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Brown delta trout		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10033</link>

		<dc:creator><![CDATA[Brown delta trout]]></dc:creator>
		<pubDate>Thu, 04 Apr 2013 02:54:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10033</guid>

					<description><![CDATA[It&#039;s pretty easy really Skippy.  You can be assured if there is any money left that the pensions for government workers will be honored.  But it Stockton can not function as a government without cutting pension payments, that will happen.  Not withstanding the murder and crime going on to an unprotected citizenship.  That will not go on for long because no taxpayer will stay in some place where the city can not pay to protect it&#039;s citizens.  aka: Detroit]]></description>
			<content:encoded><![CDATA[<p>It&#8217;s pretty easy really Skippy.  You can be assured if there is any money left that the pensions for government workers will be honored.  But it Stockton can not function as a government without cutting pension payments, that will happen.  Not withstanding the murder and crime going on to an unprotected citizenship.  That will not go on for long because no taxpayer will stay in some place where the city can not pay to protect it&#8217;s citizens.  aka: Detroit</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: SkippingDog		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10032</link>

		<dc:creator><![CDATA[SkippingDog]]></dc:creator>
		<pubDate>Thu, 04 Apr 2013 01:43:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10032</guid>

					<description><![CDATA[Here&#039;s the money shot from Judge Klein&#039;s decision, at least as it pertains to CalPERS:

“And the gravamen of the argument that the Capital Markets Creditors make is one of unfair discrimination. But that is not an eligibility question to be a problem at this stage of the case. To the contrary, it is a plan confirmation problem. And the City is going to have a difficult time confirming a plan over an objection and claim of unfair discrimination without being able to explain that problem away. And that problem is probably going to require me to get down into the nitty-gritty of the CalPERS situation. And I, at this point, have no clue how that&#039;s going to come out, but that is the protection.”]]></description>
			<content:encoded><![CDATA[<p>Here&#8217;s the money shot from Judge Klein&#8217;s decision, at least as it pertains to CalPERS:</p>
<p>“And the gravamen of the argument that the Capital Markets Creditors make is one of unfair discrimination. But that is not an eligibility question to be a problem at this stage of the case. To the contrary, it is a plan confirmation problem. And the City is going to have a difficult time confirming a plan over an objection and claim of unfair discrimination without being able to explain that problem away. And that problem is probably going to require me to get down into the nitty-gritty of the CalPERS situation. And I, at this point, have no clue how that&#8217;s going to come out, but that is the protection.”</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: SkippingDog		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10031</link>

		<dc:creator><![CDATA[SkippingDog]]></dc:creator>
		<pubDate>Thu, 04 Apr 2013 01:26:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10031</guid>

					<description><![CDATA[There are different kinds of contracts, Chris.  While the bankruptcy court can certainly impair what are legally known as executory contracts, it does not appear to have the same ability for non-executory contracts - those in which all of the performance by the parties is complete.  That would be, for example, the contracts that apply to former employees who have completed their performance, retired, and are receiving benefits from the retirement trust.

If Stockton or San Bernardino were to default on their payment obligations, our government code permits CalPERS to initiate a statutory lien on the assets of the defaulting agency.  Statutory liens can&#039;t be discharged through Chapter 9, so that will be another hurdle the bond creditors need to overcome.

The comments you posted by Judge Klein clearly refer to an argument based on the prohibition against impairment of contracts under the state or federal constitutions.  That is well settled law, as the judge notes.  But he also noted there were much more complex questions than that in regards to CalPERS status both as a creditor and as a government agency holding funds in trust under both the state constitution and government codes.  It&#039;s not only the contracts clause of the state and federal constitutions that require CalPERS to ensure compliance by its member agencies.  There are multiple provisions of the Government Code (particularly in the statutes regarding public pension acts) that make the same requirement without need or benefit of a contract.  Since Chapter 9 prevents the federal bankruptcy court from approving a plan of adjustment that violates state law, it will be interesting to see what kind of arguments the creditors make to overcome that obstacle.]]></description>
			<content:encoded><![CDATA[<p>There are different kinds of contracts, Chris.  While the bankruptcy court can certainly impair what are legally known as executory contracts, it does not appear to have the same ability for non-executory contracts &#8211; those in which all of the performance by the parties is complete.  That would be, for example, the contracts that apply to former employees who have completed their performance, retired, and are receiving benefits from the retirement trust.</p>
<p>If Stockton or San Bernardino were to default on their payment obligations, our government code permits CalPERS to initiate a statutory lien on the assets of the defaulting agency.  Statutory liens can&#8217;t be discharged through Chapter 9, so that will be another hurdle the bond creditors need to overcome.</p>
<p>The comments you posted by Judge Klein clearly refer to an argument based on the prohibition against impairment of contracts under the state or federal constitutions.  That is well settled law, as the judge notes.  But he also noted there were much more complex questions than that in regards to CalPERS status both as a creditor and as a government agency holding funds in trust under both the state constitution and government codes.  It&#8217;s not only the contracts clause of the state and federal constitutions that require CalPERS to ensure compliance by its member agencies.  There are multiple provisions of the Government Code (particularly in the statutes regarding public pension acts) that make the same requirement without need or benefit of a contract.  Since Chapter 9 prevents the federal bankruptcy court from approving a plan of adjustment that violates state law, it will be interesting to see what kind of arguments the creditors make to overcome that obstacle.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: SkippingDog		</title>
		<link>https://calwatchdog.com/2013/04/03/bankruptcy-judge-calpers-a-garden-variety-creditor/#comment-10030</link>

		<dc:creator><![CDATA[SkippingDog]]></dc:creator>
		<pubDate>Thu, 04 Apr 2013 01:15:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.calwatchdog.com/?p=40329#comment-10030</guid>

					<description><![CDATA[Sorry Donkey.  I didn&#039;t work for Stockton and my pension is currently funded at above 95%, so I&#039;m not going to worry about it.  After this whole thing makes it through the bankruptcy court and the inevitable appeals process, it will result in a plan of adjustment in which CalPERS either will or will not have some of its required payments by Stockton either extended or restructured in some way.  There won&#039;t be any widespread default on the payments various municipalities owe to CalPERS, nor will CalPERS make any widespread changes to the payments it makes to retirees.  That&#039;s the way every municipal bankruptcy eventually works itself out, since the very purpose of Chapter 9 is not dissolution but debt restructuring.]]></description>
			<content:encoded><![CDATA[<p>Sorry Donkey.  I didn&#8217;t work for Stockton and my pension is currently funded at above 95%, so I&#8217;m not going to worry about it.  After this whole thing makes it through the bankruptcy court and the inevitable appeals process, it will result in a plan of adjustment in which CalPERS either will or will not have some of its required payments by Stockton either extended or restructured in some way.  There won&#8217;t be any widespread default on the payments various municipalities owe to CalPERS, nor will CalPERS make any widespread changes to the payments it makes to retirees.  That&#8217;s the way every municipal bankruptcy eventually works itself out, since the very purpose of Chapter 9 is not dissolution but debt restructuring.</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>

<!--
Performance optimized by W3 Total Cache. Learn more: https://www.boldgrid.com/w3-total-cache/


Served from: calwatchdog.com @ 2026-04-17 17:15:47 by W3 Total Cache
-->