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Chrysler Files for Bankruptcy
Spiegel Online (English) ^ | 1 May 2009 | David Welch and David Kiley

Posted on 05/01/2009 3:07:41 AM PDT by lowbuck

Go to the link to read this interesting article. Here is something not being reported in the MSM:

In a statement published on The Wall Street Journal Web site, the recalcitrant bondholders said they sought an accommodation with the government.

"Under long recognized legal and business principles, junior creditors are ordinarily not entitled to anything until senior secured creditors like our investors are repaid in full. Nevertheless, to facilitate Chrysler's rehabilitation, we offered to take a 40 percent haircut even though some groups lower down in the legal priority chain in Chrysler debt were being given recoveries of up to 50 percent or more and being allowed to take out billions of dollars. In contrast, over at General Motors, senior secured lenders are being left unimpaired with 100 percent recoveries, while even GM's unsecured bondholders are receiving a far better recovery than we are as Chrysler's first lien secured lenders," the group said.

(Excerpt) Read more at spiegel.de ...


TOPICS: Business/Economy; US: Michigan
KEYWORDS: automakers; bankrupcy; chrysler; detroit; gm; unionmadejunk

1 posted on 05/01/2009 3:07:41 AM PDT by lowbuck
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To: lowbuck
Obama is the thug in chief trying to make senior debt holders take less than those further down the chain including his shock troops, the unions. We are seeing the flowering of a fascist government with Dear Leader using his power to coerce government controlled banks to agree to bad deals and pressure holdout debt holders by labeling them as profiteers and using proxies to hint at new government restrictions if they don't cooperate.
2 posted on 05/01/2009 3:24:35 AM PDT by Truth29
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To: Truth29
Obama is the thug in chief trying to make senior debt holders take less than those further down the chain including his shock troops, the unions.

Chrysler has no one to blame but itself for this situation. When the going got tough, instead of doing the right thing and declaring bankruptcy on their own, Chrysler insisted on taking billions of dollars of our money first.

Chrysler chose to get into bed with the devil. Everything bad that happens to them now is the result of that fateful decision.

3 posted on 05/01/2009 3:42:24 AM PDT by pnh102 (Save America - Ban Ethanol Now!)
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To: lowbuck

The Kenyan Clown’s circus is going to make the U.S. a very unpopular place for business, and these kind of shenanigans are going to hurt our capital markets. When simple order of precedence become meaningless, investors are going to shy away.


4 posted on 05/01/2009 3:46:46 AM PDT by snowsislander (NRA -- join today! 1-877-NRA-2000)
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To: snowsislander

How could they possibly think anyone would really buy one of their products? Please post here if you have recently purchased a Chrysler. I would love to know the reasoning.


5 posted on 05/01/2009 3:56:55 AM PDT by REPANDPROUDOFIT
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To: REPANDPROUDOFIT
How could they possibly think anyone would really buy one of their products? Please post here if you have recently purchased a Chrysler. I would love to know the reasoning.

I am talking about the letter from Chrysler's creditors, not about Chrysler's product line. It was released yesterday:

April 30, 2009 — As of last night’s deadline, we were part of a group of approximately 20 relatively small organizations; we represent many of the country’s teachers unions, major pension and retirement plans and school endowments who have invested through us in senior secured loans to Chrysler. Combined, these loans total about $1 billion. None of us have taken a dime in TARP money.

As much as anyone, we want to see Chrysler emerge from its current situation as a viable American company, and we are committed to doing what we can to help. Indeed, we have made significant concessions toward this end — although we have been systematically precluded from engaging in direct discussions or negotiations with the government; instead, we have been forced to communicate through an obviously conflicted intermediary: a group of banks that have received billions of TARP funds.

What created this much-publicized impasse? Under long recognized legal and business principles, junior creditors are ordinarily not entitled to anything until senior secured creditors like our investors are repaid in full. Nevertheless, to facilitate Chrysler’s rehabilitation, we offered to take a 40% haircut even though some groups lower down in the legal priority chain in Chrysler debt were being given recoveries of up to 50% or more and being allowed to take out billions of dollars. In contrast, over at General Motors, senior secured lenders are being left unimpaired with 100% recoveries, while even GM’s unsecured bondholders are receiving a far better recovery than we are as Chrysler’s first lien secured lenders.

Our offer has been flatly rejected or ignored. The fact is, in this process and in its earnest effort to ensure the survival of Chrysler and the well being of the company’s employees, the government has risked overturning the rule of law and practices that have governed our world-leading bankruptcy code for decades.

We have a fiduciary responsibility to all those teachers, pensioners, retirees and others who have entrusted their money to us. We are legally bound to protect their interests. Much as we empathize with Chrysler’s other stakeholders, the capital is just not ours to contribute to their cause by accepting a deal that is outside the well established legal framework and cannot be rationalized as being commercially reasonable.

We are continuing to discuss our position with the United States Treasury. We have made a proposal which we earnestly believe is fair and would appropriately recognize our legal position.

As President Obama implied yesterday, it is likely that Chrysler will have to file Chapter 11 whether or not all lenders agree to any particular proposal. Chapter 11 is often used to help implement an agreed deal and dispose of unwanted legacy liabilities. We are hopeful and optimistic that we will reach a positive resolution of our issues so that all stakeholders will move forward together to implement Chrysler’s “quick trip” restructuring in an un-contested proceeding. Our Group will never initiate a bankruptcy filing on Chrysler — that is a decision for the Company and the Administration to make.

As we all appreciate, laws are the foundation of our economy and society. Despite recent travails, our country remains the economic envy of the world and the United States remains a vital engine of global growth. The rule of law made it that way. We urge that people remember this and not succumb to unproductive and unwarranted finger pointing.

Sincerely,

The Committee of Chrysler Non-Tarp Lenders

(Courtesy of the Wall Street Journal, at http://blogs.wsj.com/deals/2009/04/30/statement-from-non-tarp-lenders-of-chrysler/. My emphasis added.)

If we won't play by our own rules, then other people aren't going to be interested in investing in our markets.

6 posted on 05/01/2009 4:10:40 AM PDT by snowsislander (NRA -- join today! 1-877-NRA-2000)
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To: Truth29
T29

What repercussions will the Oppenheimer Fund Family (i.e. Mass Mutual) see for telling El-Duce' to stuff it.

Note, The Bond Holders really did take it in the shorts.

Fiat already has had their arm twisted or deal sweetened as they go from 20% ownership to 35% ownership if they build 40mpg squirrels.

A little blurb over at the Detroit News...

The Pension stays intact as does the UAW work agreement...

You heard it here 1st, when do we have Tea Parties in front of GM and Fiat Headquarters in 2 or 3 years as Obummer keeps funneling them money to keep them and Michigan afloat?

Call me cynical, but I do not think any of this will work...

7 posted on 05/01/2009 4:17:34 AM PDT by taildragger (Palin / Mulally 2012)
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To: lowbuck
I believe Levin talked about this in the first hour yesterday....totally trashed the former rules. Everything is totally trashed. That's the hope & change some stupid folks voted for!

Your right....not much exposure of this angle of the story..

8 posted on 05/01/2009 4:26:04 AM PDT by Molly Pitcher (We are Americans...the sons and daughters of liberty...*.from FReeper the Real fifi*))
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To: lowbuck

Obama simply loathes our economic system. His mentors are all Marxists.


9 posted on 05/01/2009 4:34:17 AM PDT by popdonnelly (The greatest crimes in history have been perpetrated by governments. You've been warned.)
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To: REPANDPROUDOFIT

I own a Chrysler 2003 Sebring V6. I really wanted a Pontial Grand Prix but thought the Sebring because 1) It test drove great, 2) had a nicer interior, and 3) was about $5K less than the GP. I was a little apprehensive given Chrysler’s reputation, but it has turned out to be the best car I ever owned (for 7 years now).

More recently, I bought a Dodge Charger. I don’t drive it as much as I’d like so its hard to compare the two. Pros: I liked the retro look of the Charger and it drives/handles great. Its a V6, but still has plenty of power. So far, pretty reliable, though I have less than 20K miles on it. Cons: Minor stuff. The interior is a little on the cheap side—they clearly want you to buy the premium version. The emergency brake cable snapped the 2nd time I used it. Dealer fixed it, but I am relucant to use it again.


10 posted on 05/01/2009 4:34:17 AM PDT by rbg81 (DRAIN THE SWAMP!!)
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To: popdonnelly

zerO was furious when I saw him on TV after this was announced. I don’t think anyone has seen him publicly angry to this degree before.

He does not have the power of other historical Marxist dictators and it obviously rankles him.


11 posted on 05/01/2009 5:06:02 AM PDT by reformedliberal (Are we at high crimes or misdemeanors, yet?)
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To: taildragger
I agree, none of this will work - but in the traditional sense. It will work just fine in establishing a Fascist template of nominal private ownership, but government control. State run enterprises don't have to make a profit. The higher percentage recovery for the UAW vs. the senior bond holders in the offer betrays the real Obama motive. Those debt holders who opposed Obama will pay a present and future price for opposing the despot.

I listened to a talking head yesterday that indicated that those who put the best interests of their investments ahead of the country (implied as stated by Obama) could be characterized as un-American.

12 posted on 05/01/2009 5:08:50 AM PDT by Truth29
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To: rbg81

Yes, good cars. But the question was “would you buy one from them now?”.


13 posted on 05/01/2009 3:13:56 PM PDT by REPANDPROUDOFIT
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To: REPANDPROUDOFIT

Yes, good cars. But the question was “would you buy one from them now?”.


If I needed one, I might. Unlike some others, I think Chrysler has some good models. The 300M and the Challenger come to mind; the Nitro is cool looking too.

And, no, I don’t work for them.


14 posted on 05/01/2009 4:10:02 PM PDT by rbg81 (DRAIN THE SWAMP!!)
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To: pnh102
Chrysler chose to get into bed with the devil.

Yes it did, but the bondholders didn't choose anything but to make a loan to Chrysler, in comparison to stockholders, who chose the management.

15 posted on 05/01/2009 4:34:51 PM PDT by Lucius Cornelius Sulla ("men of intemperate minds cannot be free. Their passions forge their fetters." -- Edmund Burke)
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