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Creditors Cry Foul at Chrysler Precedent
Wall Street Journal ^ | June 13, 2009 | Ashby Jones and Mike Spector

Posted on 06/14/2009 2:50:59 PM PDT by reaganaut1

Chrysler Group LLC's restructuring is altering the bankruptcy landscape well beyond the auto industry.

Within days of a bankruptcy-court judge's approval of the government's plan to sell Chrysler to Fiat SpA and leave creditors with big losses, a lawyer in the bankruptcy case of the National Hockey League's Phoenix Coyotes invoked Chrysler in trying to push through the speedy sale of the team.

Should the judge approve that move and allow the Coyotes to be sold quickly, as Chrysler was, it could put some creditors out in the cold, leaving the NHL and other investors without the kind of input typically afforded by bankruptcy law.

View Full Image The Phoenix Coyotes Getty Images

The Phoenix Coyotes invoked Chrysler in trying to push a speedy sale. The Phoenix Coyotes The Phoenix Coyotes

Bankruptcy and financial professionals said such scenarios, if successful, could make investors demand higher interest rates on debt amid uncertainty over how they might fare should the firm encounter financial difficulties.

"The concern is that you have thousands of lenders, hedge funds, insurance companies who model their investments on rules and laws," said Stephen Lerner, a lawyer for a committee of Chrysler dealers. "How do these folks make investment decisions when they're faced with bankruptcy courts that appear to disregard the rules?"

To be sure, judges could reject such arguments as a short-term worry that likely will dissipate when the financial crisis ends.

The Obama administration's plan for pushing through Chrysler's restructuring has been criticized by some for going too quickly, which led to an end run around creditors, who got little say in the process. A few creditors objected in court, saying their rights were being denied, but they lost at all levels, including at the Supreme Court.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Business/Economy; Government
KEYWORDS: automakers; bankruptcy; chrysler; creditors; ruleoflaw

1 posted on 06/14/2009 2:51:00 PM PDT by reaganaut1
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To: reaganaut1
Hey Contracts are meaningless now the courts rule in favor of Theft, so it is the law of the jungle now!
2 posted on 06/14/2009 2:54:15 PM PDT by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: reaganaut1

We all saw it coming.

Next, 0 will wonder why financing is so hard to get.

You just can’t make this stuff up.


3 posted on 06/14/2009 2:57:48 PM PDT by Principled (Get the capital back! NRST!)
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To: reaganaut1

Muammar Khadafy of Libya gets 10% of what the creditors lost, as he has owned 10% of Fiat since the mid-seventies. Khadafi may demand more influence at Fiat now that they own Chrysler.


4 posted on 06/14/2009 2:57:57 PM PDT by givemELL (Does Taiwan Meet the Criteria to Qualify as an "Overseas Territory of the United States"? by Richar)
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To: givemELL

Not to worry, the UNIONS will meet with you and settle your dispute( heressss Jimmmmmmmmmmy Hoffffffffa


5 posted on 06/14/2009 2:59:56 PM PDT by shadeaud ("If you can't beat them, arrange to have them beaten." -- George Carlin)
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To: reaganaut1

Watch this YouTube video. It’s a great explanation about the Chrysler bailout.

http://www.youtube.com/watch?v=f3YPnTwdeto


6 posted on 06/14/2009 2:59:59 PM PDT by arichtaxpayer (52% of our country is stupid.)
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To: reaganaut1
Not only is contract law dead, would anyone in their right mind purchase bonds from a struggling company looking to raise money? Confidence in markets is destroyed. Mission accomplished.
7 posted on 06/14/2009 3:00:52 PM PDT by TsonicTsunami08
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To: reaganaut1
Chrysler Bankruptcy Explained
8 posted on 06/14/2009 3:03:56 PM PDT by SC DOC
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To: SC DOC

Sorry about duplicate post.


9 posted on 06/14/2009 3:04:38 PM PDT by SC DOC
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To: givemELL

Link re 10% by Khadafi: http://www.answers.com/topic/fiat-s-p-a-adr

Excerpt: “However, Fiat’s foreign holdings continued to offset its severe troubles on the home front, and the company thrived in the less saturated markets of Eastern Europe, Turkey, and South America. Its largest overseas investment was an US$86 million plant in Brazil, which became operational in 1976. Other foreign ventures included a project with the American Allis Chalmers company, an important manufacturer of earth-moving equipment with units in the United States, Italy, and Brazil, and under an arrangement with Colonel Khadafi in 1976, Libya acquired a 10 percent interest in Fiat. This purchase cost Moammar Khadafi US$415 million, and Fiat shares immediately rocketed on the Milan Exchange. Since Libya paid almost three times the market price, serious questions were raised about Khadafi’s long-term motives. But Fiat had no such qualms; Khadafi’s purchase eased its cash flow at a time when the company earned less than US$200,000 on sales of about US$4 million and had dipped into reserves in order to pay shareholders.”


10 posted on 06/14/2009 3:04:57 PM PDT by givemELL (Does Taiwan Meet the Criteria to Qualify as an "Overseas Territory of the United States"? by Richar)
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To: reaganaut1

Hey guys, shut up and take it. You’re whining about how it used to be, when laws had an effect. We got hope and change now. You’ll learn to like it.


11 posted on 06/14/2009 3:10:14 PM PDT by Attention Surplus Disorder (What kind of organization answers the phone if you call a suicide hotline in Gaza City?)
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To: reaganaut1

Who the hell would buy corporate bonds except at a huge discount with a quick payback?


12 posted on 06/14/2009 3:15:54 PM PDT by VeniVidiVici (Gitmo detainees to Alcatraz!)
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To: reaganaut1

There is a simple response to these events... Don’t invest in American companies.


13 posted on 06/14/2009 3:29:28 PM PDT by Brilliant
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To: TsonicTsunami08

The Courts are always right aren’t they?
i.e. Dredd Scott decision.


14 posted on 06/14/2009 3:35:08 PM PDT by OldArmy52 (Mainstream Media cheered: Ascension of Castro, Chavez and now Obama.)
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To: Brilliant

Solution, invest only in countries that respect the rule of law more than the USA.

i.e. China? Cuba? Russia?


15 posted on 06/14/2009 3:36:51 PM PDT by OldArmy52 (Mainstream Media cheered: Ascension of Castro, Chavez and now Obama.)
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To: OldArmy52

Ironic, isn’t it? But the reality is that the rest of the world is pretty hopeless as well. About your only hope is to invest in high growth nations like Brazil where they can’t really go too far wrong.


16 posted on 06/14/2009 3:41:58 PM PDT by Brilliant
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To: Brilliant

Don’t invest in American companies.

.
Yep, unless their green, they’ll be out of favor


17 posted on 06/14/2009 3:59:40 PM PDT by Son House (Øbama "What Would J.C. Do?" >> J.C. = Jimmy Carter)
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To: SC DOC

Actually, your “duplicate post” told me that the video was probably well worth viewing. Thanks!


18 posted on 06/14/2009 4:12:27 PM PDT by an amused spectator (Abdullah bin Abdul Aziz's lawn jockey doesn't speak Austrian)
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