The Art Law Report logo
The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Tag Archives: Detroit Institute of Arts

Detroit Institute of Arts Grand Bargain Not Done Yet, Creditors Claim to Have Purchaser Willing to Pay Nearly $2 Billion for Entire Collection

Posted in Deaccession, Detroit Bankruptcy

Since reports last month that a grand bargain had been struck to provide an infusion of cash to the Detroit bankruptcy in exchange for conveying the artwork at the Detroit Institute of Arts back to the museum itself, it has been largely accepted that the deal would succeed.  The deal would contribute $366 million from… Continue Reading

Bankruptcy Court Denies Creditors’ Motion to Reappraise Detroit Institute of Arts Collection

Posted in Detroit Bankruptcy

As we predicted when it was filed, Judge Rhodes of the U.S. Bankruptcy Court for the Eastern District of Michigan denied today several creditors’ motion to appoint an independent commission to appraise the collection of the Detroit Institute of Arts (owned by the city of Detroit) as part of the city’s ongoing bankruptcy. The creditors’… Continue Reading

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

Posted in Detroit Bankruptcy

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… Continue Reading

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

Posted in Appraisal, Detroit Bankruptcy

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.  The creditors’ motion will be heard January 22, 2014 at 10:00 a.m.

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

Posted in Appraisal, Detroit Bankruptcy

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. … Continue Reading

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

Posted in Detroit Bankruptcy

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.”  Adding complexity to an… Continue Reading

Detroit Institute of Arts Responds Swiftly to Detroit Bankruptcy Eligibility Ruling

Posted in Detroit Bankruptcy

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… Continue Reading

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

Posted in Detroit Bankruptcy

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… Continue Reading

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

Posted in Detroit Bankruptcy

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… Continue Reading

Detroit Emergency Manager Expects DIA Collection to Bring Revenue

Posted in Bankruptcy, Detroit Bankruptcy

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. To recap, the DIA collection is owned by the city of Detroit, now in bankruptcy.  The question has thus arisen about… Continue Reading

“Selling the Museum’s Collection: Is Deaccessioning Ever Appropriate?” at Columbia October 28, 2013

Posted in Deaccession, Events

A reminder that two weeks from Monday, I will join a panel discusion at Columbia Law School entited “Selling the Museum’s Collection: Is Deaccessioning Ever Appropriate?“  From the event description: “The Kernochan Center for Law, Media and the Arts is proud to welcome Roberta Smith,  New York Times art critic, and Nicholas O’Donnell, author of… Continue Reading

Salon Piece Confirms Primacy of State Law in Detroit Bankruptcy Dispute

Posted in Bankruptcy, Collections, Detroit Bankruptcy

Professor Adam J. Levitin of Georgetown has an excellent piece in Salon this week that adds to what I like to call the sober group of discussions about the Detroit Institute of Art collection  in the context of the City of Detroit Bankruptcy.  From a learned perspective, Professor Levitin echoes some of the themes we’ve… Continue Reading

City of Detroit Hires Christie’s to Appraise Detroit Institute of Arts Collection

Posted in Collections, Detroit Bankruptcy, Museums

In connection with the Detroit bankruptcy, auction house Christie’s announced on Monday that it has been hired to “assist and advise on how to realize value for the city while leaving the art in the city’s ownership.”  According to the Christie’s press release, the auction house was hired by the City of Detroit itself, which has… Continue Reading

Detroit Institute of Arts Deaccessioning: Municipal Bankruptcy, Existing and Proposed Changes to Michigan Law Affect Debate

Posted in Bankruptcy, Collections, Deaccession, Legislation, Museums

An important qualifier to the discussion about deaccessioning and the Detroit Institute of Arts is that although DIA is a subdivision of the bankruptcy debtor (Detroit), that debtor is not any old commercial entity.  Rather, Detroit is a municipality, and municipal and state debtors are governed by slightly different rules than private parties.  The underlying… Continue Reading

Detroit Institute of Arts and Motor City Bankruptcy: Deaccessioning Fact and Fiction, Hope and Reality

Posted in Collections, Deaccession

The recent filing by the City of Detroit for bankruptcy—the largest such municipal filing in history—has brought with it an unexpected art law twist.  Namely: to what extent can, or should the collection of the Detroit Institute of Arts be used to satisfy the city’s creditors.  As one might expect, the differences between what the… Continue Reading