The Chrysler Plan

Would we get 8 billion?:twitch:

If that is what it took to buy off the people to whom you owed money, so that the people whom the government wanted to have own your assets going forward would be able to ...

then yes, I'd say that there is a at least a fair chance that you could get $8 Billion.
 

somdrenter

Sorry, I'm not Patch...
If that is what it took to buy off the people to whom you owed money, so that the people whom the government wanted to have own your assets going forward would be able to ...

then yes, I'd say that there is a at least a fair chance that you could get $8 Billion.

Apparently, the “whom is owed money” folks are not getting a dime of this. As I understand it, some lenders wanted the monies that were owed them:

Holdouts on Chrysler Deal Say They Were 'Systematically Precluded' From Negotiations

A group of about 20 firms who declined to go along with the 11-th hour deal struck by the Obama administration to save Chrsyler from bankruptcy, has just released a statement claiming that the deal was unfair….

…..“We have been forced to communicate through an obviously conflicted intermediary: a group of banks that have received billions of TARP funds,” the lenders who rejected the government offer said.....

….The group said they had offered to accept 60 cents on the dollar, despite “long recognized legal and business principles” that gives senior lenders such as themselves the right to be repaid in full before others recover anything in bankruptcy court….

….“Our offer has been flatly rejected or ignored,” the group said. “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.”

The Ticker - Holdouts on Chrysler Deal Say They Were 'Systematically Precluded' From Negotiations - Economy Watch #
 
Apparently, the “whom is owed money” folks are not getting a dime of this. As I understand it, some lenders wanted the monies that were owed them:



The Ticker - Holdouts on Chrysler Deal Say They Were 'Systematically Precluded' From Negotiations - Economy Watch #

The group of debt-holders who issued the statement that you are referencing, would have received about 33 cents on the dollar, had they agreed to the deal. They were left out of the negotiation process (seemingly, because they hadn't received TARP funds, and would have been harder to coerce), but they still would have received cash payouts at the rate that was agreed to between the TARP institutions and the government/Chrysler.

They had made an extremely kind offer to the government/Chrysler, but it was either rejected or ignored.

The reality that they weren't allowed to participate in the negotiations, and were then lambasted for 'holding out', is one of many troubling aspects of this whole, messed up situation. And, it is a reality that will no doubt be lost on many people, thanks in no small part to the Administration's efforts to 'spin' this story.
 
C

czygvtwkr

Guest
If the UAW owns a company it does not matter if it is profitable, the government will keep giving it money. What we will create is another airline industry.
 

vanbells

Pookieboo!!!
So we should definitely let Chrysler and all it's employee go down the drain? Forget all the idiots that bought any car under the Chrysler name too. I'm with you guys.
 
C

czygvtwkr

Guest
So we should definitely let Chrysler and all it's employee go down the drain? Forget all the idiots that bought any car under the Chrysler name too. I'm with you guys.

It will either be a quick painful death or a slow painful death but it will be a death.
 
So we should definitely let Chrysler and all it's employee go down the drain? Forget all the idiots that bought any car under the Chrysler name too. I'm with you guys.

I think I read this as sarcasm, but I can't be sure. If it wasn't meant sarcastically, then I apologize and you can ignore the rest of this post.

No offense intended, but your statement is a complete non sequitur. It emphasizes my point that one of the problems here is that people don't understand the issues that are in play. They have been mislead about them, so they can't fairly judge what actually happened.

The decisions here don't have anything to do with whether or not Chrysler 'goes down the drain'. That isn't going to happen, and wasn't going to happen either way - it wasn't one of the possibilities that was seriously on the table in the end. Furthermore, what the 'hold-out' debt-holders did in refusing this offer wasn't going to force that to happen - it didn't really even need to force bankruptcy. (*)

We are talking about whether we treat all of the debt-holders (including the senior, secured debt-holders and the UAW) fairly, or whether we totally screw some of them so that we can treat others much, much better. Either way, Chrysler could continue to operate. In fact, either way, Chrysler could have stayed out of bankruptcy. (Bankruptcy doesn't mean that Chrysler 'goes down the drain'.) Regardless of whether or not the senior, secured debt-holders were willing to accept this deal, the Administration could have kept Chrysler out of bankruptcy, had it wanted to.

The issue here is that the only thing the Administration seemed to be concerned with, was being able to give the UAW and Fiat sweetheart of deals, at the expense of other people, who under the law should have faired better than those two entities. Again, the decision here wasn't between bankruptcy or no bankruptcy. It was between treating all parties fairly under the law, or subverting the law so that we could screw some groups in order to treat the other ones especially well. The decision about bankruptcy was a wholly separate issue, and the Administration could have decided that issue either way, regardless. A failure to realize that, is a failure to understand the actual mechanics of the process and what went on. The assertion that the 'hold-out' debt-holders forced Chrysler into bankruptcy is absolutely absurd.

They are going into bankruptcy because the Administration refused to ask the UAW to take what it deserved from the situation, under the law, instead of letting it take much, much more than it deserved. Under the law, the senior, secured debt-holders are entitled to what they are owed before the junior and non-secured debt-holders (e.g. the UAW). If there is not enough cash to pay them, and we don't want to liquidate Chrysler's physical assets to pay them (that would kind of be like Chrysler 'going down the drain'), then they should get an appropriate amount of equity in the new Chrysler - before the UAW does. No one suggested that the UAW should get screwed, just that the deal should be somewhat fair (or at least not laughably unfair). I'm sure it could have been fair enough to get the 'hold-outs' to agree, and still let the UAW get the better end of the deal - just not quite as good a deal as they are getting now. Those 'hold-outs' were obviously willing to negotiate in good faith, and accept less than they deserved - so long as it was reasonable.

So, Chrysler could be 'saved' - as it will be now - but it could be done fairly, and in accordance with long standing bankruptcy principles. Instead, the Administration wants to ignore those principles and do the unfair thing - so that the UAW and Fiat can own the company. Either way, the company could still exist and operate - the only questions would be who owns it and how much do they own. So, again, your statement has nothing to do with the situation as it stands now.

Please don't take what I am saying the wrong way - I am only trying to make the reality of the situation a little clearer. The problem is that a lot of people think they understand it, because they heard a snippet or two on the news or heard some of the spin, but they really don't. I don't care what people think about the propriety of the situation, I would just like them to understand it somewhat before they form a strong opinion.




* By the way, I do think Chrysler should 'go down the drain', for the good of the entire American auto industry, and for the good of auto workers as a whole, in the long term. As it looks now, it will just serve as a platform to allow foreign competition an easy opportunity to compete with the domestic manufacturers in the very portions of the market that they need to gain market share in. However, whether or not Chrysler should go away is a separate discussion from the one that is currently being had with regard to Chrysler.
 
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Chrysler to launch 'building a new company' ad campaign, offer new incentives as bankruptcy process begins

DETROIT -- Chrysler LLC will kick off a nationwide marketing campaign next week in an effort to reassure consumers it is safe to buy a car or truck from the bankrupt automaker.

Executives for the Auburn Hills-based company said Friday that Chrysler will run full-page newspaper ads on Sunday and Monday announcing the campaign, titled: "We're building a new car company. Come see what we're building for you."

...

"Chrysler is remaining in business. We're continuing operations," said company President Jim Press. "While we have filed for reorganization, there is no liquidation."


Now that Chrysler has filed for bankruptcy protection, these kinds of expenditures have to be approved by the bankruptcy court (some, including employee pay, already have). This is because, every dime it spends at this point, is taking from the pool which will be used to pay off debtors. (Of course, they are being loaned more money, so that they can continue operations - that is yet another conversation).

Even if allowing this company to be a going concern is meritorious, it should not be the primary goal of the bankruptcy court. At this point, the court's responsibility is not to keep maintain people's jobs, or to keep Chrysler going, or to protect the American economy (not that those goals are consistent with each other). Its responsibility is to make sure that the debtors get paid, as best as that can be accomplished. Chrysler asked for bankruptcy protection, in return for getting that, it gives up the right to have its fate be the primary concern. If allowing it to continue to operate is what is in the best interest of the debtors, then it should be allowed to be a going concern. If not, then it shouldn't, and all of its expenditures should be frozen immediately.

It is being allowed to continue spending money - that should mean that the senior secured debt holders will recover what they are owed. Or, at the very least, it should mean that they will recover more of what they are owed than they would if the company was liquidated. Again, it is not the court's job to keep Chrysler in business, it is its job to see that the debtors recover as much of what they are owed as possible - starting with the senior, secureds.

I'm starting to sift through the bankruptcy filings in order to sort out all of the relevant details. And, I have to say, that it is disheartening. Best I can tell, the UAW isn't giving up any of what it is owed. It is just swapping half of it in exchange for most of the new, fiscally rehabilitated company. The rest it is agreeing to re-amortize, which means it is still owed the money. This re-structuring plan seems only to wipe out half of the debt to the UAW (in exchange for equity) - while it seeks to wipe out more than 2/3 of the debt owed to the senior, secureds. Those are the people who are legally ahead of the UAW in the line to get paid.

The government is loaning Chrysler more money, on the condition that they agree to screw over some of their creditors. The government has already used its TARP-based omnipotence to scare most of those creditors into lubing themselves. It is disgusting, and neither Chrysler nor the government has the right to do it. I fear that the court will allow it, and that will be even more disgusting. We are precariously close to disregarding the rule of law - the foundation on which American prosperity is built. We are becoming a Banana Republic - but that's a discussion for another day.

It would be like a situation where I declare bankruptcy. I have a house which has a mortgage on it, and I have a bunch of other credit card debt. I don't get to wipe out that mortgage, even if I prefer to pay the credit cards first. And, the government can't come in and say that it will loan me enough money to keep my head above water, if I agree to pay the credit cards and screw the mortgage bank by somehow dissolving their mortgage on my house. I just wouldn't be able to do it. The bankruptcy court would laugh in my face. The mortgage company would either keep its mortgage in place, or it would get its money - before the credit cards got anything. I certainly would not be allowed to give my house to the credit cards, in order to off-set my debt to them, unless the government (or someone) gave me enough money to pay off the mortgage in full.

I must acknowledge that I haven't been through all of the filings, schedules, and supporting documents yet - but the picture is becoming pretty clear.
 
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Okay, I have to toot my own horn a little. :lol:

Warren Buffett is now on CNBC giving an interview to Becky Quick, in which he made much the same analogy about mortgages and credit cards as I made in the above post. It sure does make you feel good when you find out that the great, exalted Oracle of Omaha is parroting your arguments with regard to economic/legal issues. :whistle:
 
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Larry Gude

Strung Out
Okay, I have to toot my own horn a little. :lol:

Warren Burrett is now on CNBC giving an interview to Becky Quick, in which he made much the same analogy about mortgages and credit cards as I made in the above post. It sure does make you feel good when you find out that the great, exalted Oracle of Omaha is parroting your arguments with regard to economic/legal issues. :whistle:

So, the ugly truth comes out; you are an oracle worshiper, eh?

:lol:

Frankly, what I read of you, you do a better job of explaining this stuff than The Oracle. Maybe he's an SOMD reader and is stealing your stuff???
 
So, the ugly truth comes out; you are an oracle worshiper, eh?

:lol:

Frankly, what I read of you, you do a better job of explaining this stuff than The Oracle. Maybe he's an SOMD reader and is stealing your stuff???

That's what I was thinking. He must read somd.com constantly, to have stolen those thoughts that quickly. Vrai should contact him about doing some promotional stuff. :lol:

But, seriously, thank you. However, I'm not a huge Buffett fan - but a lot of people in the economic world do seem to fall all over themselves when he has something to say.

He does have a way of simply stating concepts, so that it is hard to argue with the position that he is taking on a more complicated issue. Generally speaking though, to me he seems to have reached a point in his life where he takes more satisfaction from being a cultural icon, than he does from zealously pursuing profits. There's nothing wrong with that, he's certainly earned that right.
 
Chrysler Asset Transfer Decision Delayed by Judge

A bankruptcy judge on Monday postponed his decision on whether Chrysler can start the process of transferring its assets to a new entity partnered with Italian automaker Fiat.

Judge Arthur Gonzalez delayed the issue until Tuesday afternoon because Chrysler did not file its motion until late Sunday and people with objections need more time to review the deal.

A group of Chrysler's lenders have refused to wipe out most of Chrysler's debt and go along with the government's restructuring plan. A lawyer for some of the creditors, Tom Lauria, said they have not had time to review Chrysler's 300-page filing.

Lauria also objected to a Chrysler motion to allow the automaker to pay taxes, and he indicated that he also would object to the payment of other costs and expenses. He said if the sale to Fiat fails to go through, any money spent would be taking away from what left for the lenders later.

"We're opposing at this point everything that the debtor is doing that is premised on the assumption that value that would be preserved through the sale," he said. "Because if we didn't have the sale, none of these actions make sense.

"What we're doing is spending money today that we're going to have to fight to get back later."

Chrysler seeks quick sale to Fiat; lenders object

"We still have a very fragile coalition to get from here to there," Corinne Ball, Chrysler's bankruptcy lawyer, said near the start of a court hearing on Monday.

Fiat would start with a 20 percent stake in the new Chrysler, which would grow quickly to 35 percent.

Fiat Chief Executive Sergio Marchionne is expected to run the merged operations.

Chrysler also asked the Bankruptcy Court to approve a $35 million breakup fee for Fiat if the sale deal falls apart.

The automaker has shut down all of its plants for the reorganization and the longer Chrysler lingers in Bankruptcy Court, the greater the damage to the surviving operation.

"Absent a prompt sale, approved in the coming weeks, the value of the debtors' assets will rapidly decline and the ability to achieve a going concern sale will be lost," Chrysler said in court documents supporting the sale to Fiat.
 
I'm still reading through the bankruptcy filing materials. I don't even know where to start - this situation is even more flipped up than I thought. There are so many ways in which this thing is BS, that I fear any attempt by me to describe them in detail is likely to devolve into a profanity laced tirade.

It is absolutely unbelievable to me that anyone could suggest that this plan even remotely resembles anything that could be described as fair or appropriate. I can not overstate how disheartening it is to me to realize that our government has had a hand in negotiating this deal, and at this point, is endorsing it.

Just a few points (there are many more to be made):

(1) Despite all reports telling us that Fiat is to get 20% of the New Chrysler, with the ability to grow its share to 35% - the truth is that this agreement allows them to eventually acquire 51% of the New Chrysler.

(2) Even though the U.S. government is only getting 8% interest in the New Chrysler, in reality, it is getting much more control than that. Of the 9 members of the Board of Directors, the U.S. government controls 4 (it appoints 3, and those 3 appoint one more). The Canadian government appoints 1 (they get a 2% share of New Chrysler), the UAW VEBA appoints 1, and Fiat appoints 3.

(3) The senior secured debt that is at issue, is secured by:

security interest in and first lien on substantially all of Chrysler's assets, including accounts receivable, inventory, equipment, books and records, cash, general intangibles, real property and a pledge of all of the capital stock of each of Chrysler's domestic subsidiaries (other than its charitable subsidiaries) and 65% of all of the capital stock of each of Chrysler's first-tier Foreign Subsidiaries; and (b) guaranteed by certain other Debtors, which guarantees are secured by a first priority lien on substantially all of such Chrysler's respective assets, including a pledge of all of the capital stock of each of its domestic subsidiaries and 65% of all the capital stock of each of its first-tier foreign subsidiaries.

Simply put, that means those debt-holders own this company, and they would likely get their money if it was liquidated - despite the ridiculous assertions to the contrary. Others might come up short, but these people that our government is trying to screw would recover what they are owed. If we are so adamant that we must keep Chrysler going, why don't we just pay them what they are owed, so that it can be done legally, and we don't have to act like a Banana Republic. I really think this thing got personal for some people.

(4) In light of what I now know, I am of the opinion that the people at JP Morgan Chase, Goldman Sachs, Morgan Stanley, Citigroup, and possibly others, who agreed to the terms of this deal, should go to jail. Perhaps they shouldn't go to jail, but they should be held civilly liable. They have abandoned their fiduciary responsibilities to their stakeholders, and agreed to allow others to steal their stakeholders money. Clearly, sufficient pressure was exerted on them by the government because they have taken TARP money, such that they felt they had no choice - but it was still cowardly and reprehensible of them to agree. They aren't the worst players in this situation, but their hands are not clean either.

I understand now why the non-TARP debt-holders were not allowed to participate in the negotiations - if the Chrysler/Administration negotiators had offered this deal to someone who wasn't under their thumb (like the TARP banks), then that someone would likely have either punched them in the face, because it was so offensive, or fell to the floor laughing, because it was so funny. (I am only being 75% sarcastic.)

(5) Remember when we loaned money to Detroit? I recall some Congresspersons telling us that it was secured, and that we were making sure that we would get our money back before anyone else. Well, I guess that is turning out to be true, only because we are subverting the law to make it so. However, it was not set up as the senior debt. We are not entitled to get it back (most of it anyway), until the above mentioned debt-holders get their money back.

As security for the TARP Financing, the U.S. Treasury was granted a first priority lien on all unencumbered assets and Chrysler's Mopar parts inventory, and a third priority lien on other assets serving as collateral for obligations under the First Lien Credit Agreement and the Owners' Loan Agreement.
 
I got a chance to read the liquidation analysis that Chrysler paid Capstone to create in order to help justify the deal they have arranged. The best way to sum up my reaction would be :killingme.

The assumptions it is based on, in my opinion, are preposterous. This whole thing is a sham. The notion that no one would be willing to pay $3 Billion for a DEBT FREE Chrysler, with all of its physical assets, property, plants, inventory, etc., is crazy. The book value of just their vechicle inventory is over $5 Billion. This process isn't being pursued with the goal of having Chrysler's debts paid. Furthermore, all of the debts that should not be safeguarded, are being, and vice-versa.

They have turned legal principles, as they relate to debt, completely upside down. Junior debt is now senior, senior debt is now junior. The notion of securing a debt with tangible property is now conditional - whether or not a security (i.e. a mortgage) has legal power now depends on whether or not the government thinks it should. The consequences for business activity, and in particular business credit, could be enormous. If we let this sham continue, we do so at our own peril.

Oh, and some of the people who Obama so unjustly and inappropriately criticized last week, have apparently been threatened with death. The only people who seem to have behaved appropriately in this whole mess are being threatened by some ignorant sheep who have no clue what is going on.

Chrysler lender group opposes sale process

A hearing into the sale procedures requested by Chrysler has been scheduled for Tuesday afternoon before Judge Albert Gonzalez. The automaker has asked for a required hearing into the proposed sale as soon as May 21.

The lender group said in court documents filed on Tuesday that the procedures were "designed to prevent, not encourage, competitive bidding."

The group has asked the court to deny the sale as it is structured or require a substantial modification.

"Through the sale procedures, the debtors in effect preclude anyone but the government from bidding on the debtors' assets," the group said in court papers. "Accordingly, the sale procedures are inherently unfair and do not comply with the fundamental purpose for bidding procedures -- to maximize the sale price for the Debtors' assets."
 
Judge approves bidding procedures for Chrysler

Not that we didn't expect this, but it is still disheartening. The last line of defense is the judicial system. When it gives hints that it is going to betray us - that is, America and all that she stands for - it is hard not to get depressed.

Man, my life is too good to let this BS drag me down - I think I need to go play some golf this morning. Talking #### to my buddies and hopefully holing a birdie or two should remind me of how great the world is, in spite of some of the things that are going on it.

NEW YORK (Reuters) - A U.S. bankruptcy judge approved bidding procedures for the rapid sale of most of Chrysler's assets, over objections from a group of lenders who called the accelerated timetable an "absurdity."

Judge Arthur Gonzalez, who is overseeing Chrysler's bankruptcy case in Manhattan, said late on Tuesday, the proposed procedures were "appropriate and necessary" given that there is evidence that "there is an urgent need for the deal to be consummated."

...

Earlier in the hearing, Judge Gonzalez ruled that a small group of Chrysler's lenders who have objected to the Obama administration's plan for a quick dash through bankruptcy must identify themselves, in spite of death threats.

"These lenders do not have grounds for (their identity) statement to be sealed," Gonzalez said at the court hearing, saying threats on the Internet did not meet the bar for such a request and that concerns about reputational harm were not subject to protection by the court. The ruling opens the possibility that some may change their minds.
 

Larry Gude

Strung Out
Man, my life is too good to let this BS drag me down - I think I need to go play some golf this morning. Talking #### to my buddies and hopefully holing a birdie or two should remind me of how great the world is, in spite of some of the things that are going on it.

The lows make the highs that much sweeter. :buddies:

Balance.
 

Pushrod

Patriot
I just wonder if our country will ever recover from these... I don't even know what to call them... obominations!? They are subverting the rule of law. Without Rule of Law, our down fall is inevitable!
 
A few more points about the bankruptcy filings and restructuring plans, not that anyone really cares about the details :lol: Again, there are so many details that are complete BS, that it would be hard to go into all of them - and it doesn't seem that anyone is reporting some of the actual provisions of this plan.

The trade partners (mostly suppliers) hold something like $1.5 Billion worth of debt. This is debt that is completely unsecured. They should be at the back of the line, and would likely get nothing in a fair bankruptcy proceeding, are losing nothing. Their debt is not being discharged in this restructuring plan, it is being transfered to the New Chrysler. They will get paid (unless New Chrysler declares bankruptcy soon).

The original restructuring plan, that Chrysler was trying to work out back in March, offered these 'soon-to-be-screwed' $2 Billion plus equity in the New Chrysler in exchange for the other $5 Billion of debt. That is the plan that the Administration rejected, subsequently taking more control of the process. The new Administration driven plan called for them to get only the $2 Billion in cash and no equity. All of the other debt holding entities fair as well or better under the new plan, only the secured-debt holders (you know, the people who the law would have fair the best) got a worse deal. Point being, this has nothing to do with making it work or finding a reasonable solution. It is about the Administration not wanting those secured-debt holders to own part of the company - it is about the Administration wanting who it wanted to own the company.

Furthermore, I think this thing is more personal, than even political expediency. I think a large part of it is motivated less by a desired to keep a large voting constituency happy, and more by a general desire to punish people that the Administration sees as evil and greedy - the money suppliers, the financial people. Without that dynamic, it is very hard for me to understand what went on here. This Administration could have easily accomplished its goals of getting the people it wanted in charge of the company, and could have done it somewhat legally, if it had wanted to. All it would have needed to do is come up with a few more bucks - a small fraction of what they have already ponied up. This was about punishing certain people. And, those 'targets' know it - that is why they have offered to accept unreasonably low recovery rates - they realize that, one way or another, this government is going to find a way to screw them.

After reviewing most of the filings, I honestly believe that harming certain people is a goal of this plan. I don't make such accusations lightly - and before reviewing the materials, I did not feel that way. I felt that it was seen as an acceptable side-effect, but not a goal. At the very least, it is a welcomed side-effect of the plan, and that is a very kind interpretation of the situation.

In a way, many people are lucky that they don't know the details of this situation, and that they aren't being widely reported. If people understood what this Administration was really doing here, and then had to confront the fact that they helped to put it in power, then I believe that those people would feel the need to do a lot of scrubbing in order to wash away the dirty feeling they would have. I mean that - there is no way to really understand what is going on here and think that it is okay. Just typing about it makes me want to take another shower.
 
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