both the GM and Chrysler bankruptcy 'deals' seem to violate establish law in their treatment of the non-union creditors.
however, the courts can solve this by separating the asset side of the the cases from the ownership side.
For Chrysler, this would look like moving ahead with the Fiat deal on the asset side and holding the terms agreed with Fiat while having the lower courts rule on the competing claims of the various parties to the 80% of the resulting company that will not be Fiat owned.
That this may result in the UAW controlled retiree's health fund not becoming the 55% owner, but only the 30% owner [or whatever the courts rule based on established law] is a tolerable outcome.
And this would leave plenty of room for the secured bondholders [the Indiana retirement funds are among these], who were promised first crack at the value of the assets that secured their bonds AND that their value not so recovered would be treated equally with the other unsecured creditors.
More difficult is the case of the warranty holders for vehicles sold prior to the bankruptcy filing. Imo, honoring those warranties is crucial to the future of the company and therefore the warranties must be upheld as a liability of the new [revised, 20% Fiat owned] company. I suggest the mechanism of a warranty trust to be initially operated by the bankruptcy court. The trust would receive a portion of all sales revenues and would pay out on warranty service work as required; with the past liability being an obligation of the new Chrysler Group. {It would require little cash funding, however, if deposits from new vehicles sold grow to match the payouts on older vehicles' warranty work.]
There is also the issue of the dealerships which will be cut off. Imo, since the remaining dealers will benefit from this move, the old dealers should be compensated by the remaining dealers on a basis to be determined by the bankruptcy court. [the remaining dealers will be "unjustly enriched" by having their competitors' franchises arbitrarily jerked.]
The GM case has some similarities and some differences -- to be discussed at a different time.
Source(s):
mba/cpa and Detroit native.
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