General Motors Corperation to begin liquidation July 10 if asset sale deinied
btw, guy, you are ignoring some things. You are so concenred about UAW memebers and retirees, what about these guys?
"Objectors and limited objectors also include tort litigants who object to provisions in the approval order limiting successor liability claims against the Purchaser; asbestos litigants with similar concerns, along with concerns as to asbestos ailments that have not yet been discovered; and non-UAW unions (“Splinter Unions”) speaking for their retirees, concerned that the Purchaser does not plan to treat their retirees as well as the UAW’s retirees."
I guess the UAW is the only union that matters. If other unions retirees get scrwwed, who cares. and if you have pending litigation against GM you are also screwed.
"Objectors and limited objectors also include tort litigants who object to provisions in the approval order limiting successor liability claims against the Purchaser; asbestos litigants with similar concerns, along with concerns as to asbestos ailments that have not yet been discovered; and non-UAW unions (“Splinter Unions”) speaking for their retirees, concerned that the Purchaser does not plan to treat their retirees as well as the UAW’s retirees."
I guess the UAW is the only union that matters. If other unions retirees get scrwwed, who cares. and if you have pending litigation against GM you are also screwed.
The UAW is by far the largest union, and the union most affected by all this. All other involved unions aren't even a drop in the bucket as far as number of people affected.
As such, and being this is a bankruptcy, not giving out goodies to your kids equally, you have to look at which move causes the least damage and which move solves the most issues. Can the state of Michagan (and other states) and pension gurantees and unemployment handle these other small unions or the UAW.
Given a choice between the 2, you'd want to keep the bigger union out of the unemployment line and off the pension books even at the expense of the smaller ones to save the bigger negative impact.....To coin a phrase that often is used by honset women, "Size Really Does Matter".
Then there's the liability claimants.
We aren't exactly talking about people who were driving down the road and an axle broke off going 55 mph and they hit a tree head on. I am by no means making light of their injuries, or saying companies should be blameless all the time. But I feel that most of those injuries are from people who's health care coverage fall short of covering their injuries, and the answer is to sue the maker of the product or the family of someone killed is using lawsuits as a way of easing their grief. I feel most of the balence is simply ambulance chasers convincing injured parties to sue in order to get settlements out of court. It's my belief that very few claims are legit (and I believe there are a few).
Finally, again, back to debtholders.
It's not like Chrysler or GM ran a steam roller over them and laughed the whole time doing it. And it's not the federal government sending mafia-like CIA agents into the backroom of courts telling judges how to vote or what to do. If you take a peak at other instances of 363s, you'll see that while there is nothing quite like what's going on with the automakers run through bankruptcy, there are individual instances where just about everything that's going on with them now has been done before.
Walking away from liability claims? Check.
Leaving some debt holders high and dry? All the time.
Favoring some elements over other? You betcha.
Putting procedures on a fast track in order to save the company? That too.
Unions essentially buying the company? Been done before.
The only difference this time around is that Feds are throwing around money to cover reorganization in order to keep the dominoes from falling.
On an unrelated subject/rant (and this has been bothering me since this stupid idea gained traction):
The White House and the Treasury IMHO are doing a stand up job so far. I give Bush alot of credit...yea, I know, from me that's shocking... for saving General Motors and giving the US auto industry a cash lifeline. There are alot of people here right now who to this very day, refuse to believe that GM actually died when it ran out of money at the start of January, and that the "evil" Federal Government actually saved GM's life. Chrysler would have made it to the summer (they had more money than they let on), but it too was headed the same direction to oblivion that GM was at last winter.
I also give Obama's administration, especially the Treasury Department a heap of credit for actually getting in there and forcing the auto industry to fix itself and the UAW to face changes or face extinction.
They correctly identified the problems each company had, gave it a chance to change itself to make it viable, then gave them a chance to do it again when they couldn't come up with anything that was realistic or worked. Then gave them financing to get them through bankruptcy once splinter elements refused to buy into deals that everyone else involved agreed to, and now have the wisdom to leave them alone in day to day operations as long as they are making structural changes that will make both GM and Chrysler competitive even in a depressed economy.
They even gave cover to GM and Chrysler to strongarm the union for an overhaul in rules, pay, and retirement in ways that they never have been able to do in the 70 plus years of UAW existence.
BUT....(and this is where my rant begins) the US Congress, on the other hand, are turning into a bunch of shortsighted morons.
First they vote to let US automakers die even if it means wrecking the economy for years to come. Then when 2 presidents who realize the consequences, fund GM and Chrysler's turnaround via billions of taxpayer dollars, with the stipulation that taxpayers get that money back. Then the congress (both democrats and republicans) start trying to hamstring things by attempting to tie both automaker's hands by ammending high priority bills with stipulations that neither GM or Chrysler can trim dealers in their district.
In a way, I know I can't blame them. Dealers that are closing are writing their congressman, and including contributions to re-election campaigns, so I guess they have to show they are doing something, even if it's counterproductive to the nation at large.
That's why democracy never worked before the United States came into existence (the US is the world's oldest democracy). Historically it always became corrupt or no longer is able to do what needs to be done for the common good.
Politics is truly a local game
Last edited by guionM; Jul 9, 2009 at 01:25 AM.
On an unrelated subject/rant (and this has been bothering me since this stupid idea gained traction):
The White House and the Treasury IMHO are doing a stand up job so far. I give Bush alot of credit...yea, I know, from me that's shocking... for saving General Motors and giving the US auto industry a cash lifeline. There are alot of people here right now who to this very day, refuse to believe that GM actually died when it ran out of money at the start of January, and that the "evil" Federal Government actually saved GM's life. I give Obama's administration, especially the Treasury Department for actually getting in there and forcing the auto industry to fix itself and the UAW to face changes or face extinction.
They correctly identified the problems each company had, gave it a chance to change itself to make it viable, then gave them a chance to do it again when they couldn't come up with anything that was realistic or worked. Then gave them financing to get them through bankruptcy once splinter elements refused to buy into deals that everyone else involved agreed to, and now have the wisdom to leave them alone in day to day operations as long as they are making structural changes that will make both GM and Chrysler competitive even in a depressed economy.
They even gave cover to GM and Chrysler to strongarm the union for an overhaul in rules, pay, and retirement in ways that they never have been able to do in the 70 plus years of UAW existence.
But....the US Congress, on the other hand, are turning into a bunch of shortsighted morons.
First they vote to let US automakers die even if it means wrecking the economy for years to come. Then when 2 presidents who realize the consequences, fund GM and Chrysler's turnaround via billions of taxpayer dollars, with the stipulation that taxpayers get that money back. Then the congress (both democrats and republicans) start trying to hamstring things by attempting to tie both automaker's hands by ammending high priority bills with stipulations that neither GM or Chrysler can trim dealers in their district.
In a way, I know I can't blame them. Dealers that are closing are writing their congressman, and including contributions to re-election campaigns, so I guess they have to show they are doing something, even if it's counterproductive to the nation at large.
The White House and the Treasury IMHO are doing a stand up job so far. I give Bush alot of credit...yea, I know, from me that's shocking... for saving General Motors and giving the US auto industry a cash lifeline. There are alot of people here right now who to this very day, refuse to believe that GM actually died when it ran out of money at the start of January, and that the "evil" Federal Government actually saved GM's life. I give Obama's administration, especially the Treasury Department for actually getting in there and forcing the auto industry to fix itself and the UAW to face changes or face extinction.
They correctly identified the problems each company had, gave it a chance to change itself to make it viable, then gave them a chance to do it again when they couldn't come up with anything that was realistic or worked. Then gave them financing to get them through bankruptcy once splinter elements refused to buy into deals that everyone else involved agreed to, and now have the wisdom to leave them alone in day to day operations as long as they are making structural changes that will make both GM and Chrysler competitive even in a depressed economy.
They even gave cover to GM and Chrysler to strongarm the union for an overhaul in rules, pay, and retirement in ways that they never have been able to do in the 70 plus years of UAW existence.
But....the US Congress, on the other hand, are turning into a bunch of shortsighted morons.
First they vote to let US automakers die even if it means wrecking the economy for years to come. Then when 2 presidents who realize the consequences, fund GM and Chrysler's turnaround via billions of taxpayer dollars, with the stipulation that taxpayers get that money back. Then the congress (both democrats and republicans) start trying to hamstring things by attempting to tie both automaker's hands by ammending high priority bills with stipulations that neither GM or Chrysler can trim dealers in their district.
In a way, I know I can't blame them. Dealers that are closing are writing their congressman, and including contributions to re-election campaigns, so I guess they have to show they are doing something, even if it's counterproductive to the nation at large.
Given a choice between the 2, you'd want to keep the bigger union out of the unemployment line and off the pension books even at the expense of the smaller ones to save the bigger negative impact.....To coin a phrase that often is used by honset women, "Size Really Does Matter".
I say, include them all, or include none. How many votes your union controls does not make you more or less deserving of your pension and health benefits. These are real people you are talking about guy. Again, it's easy sitting here on the internet, being young (and perhaps having no pension plan whatsoever) typing on a keyboard that people who have worked for these automakers for 20, 30, 40, or even 50 years should simply have their pension evaporated with nothing more than a "tough luck". But in the real world, that simply doesn't fly.
Then there's the liability claimants.
We aren't exactly talking about people who were driving down the road and an axle broke off going 55 mph and they hit a tree head on. I am by no means making light of their injuries, or saying companies should be blameless all the time. But I feel that most of those injuries are from people who's health care coverage fall short of covering their injuries, and the answer is to sue the maker of the product or the family of someone killed is using lawsuits as a way of easing their grief. I feel most of the balence is simply ambulance chasers convincing injured parties to sue in order to get settlements out of court. It's my belief that very few claims are legit (and I believe there are a few).
We aren't exactly talking about people who were driving down the road and an axle broke off going 55 mph and they hit a tree head on. I am by no means making light of their injuries, or saying companies should be blameless all the time. But I feel that most of those injuries are from people who's health care coverage fall short of covering their injuries, and the answer is to sue the maker of the product or the family of someone killed is using lawsuits as a way of easing their grief. I feel most of the balence is simply ambulance chasers convincing injured parties to sue in order to get settlements out of court. It's my belief that very few claims are legit (and I believe there are a few).
Finally... instances of 363s..The only difference this time around is that Feds are throwing around money to cover reorganization in order to keep the dominoes from falling.
A 363 sale is *NOT* a reorganization. You just touched the top of the argument that this 363 sale is really a sub-rosa reorganization, which is illegal by case law precedent. The judge's ruling spends quite some time on this topic. Allow me to use the judge's definition:
A proposed 363 sale may be objectionable, for example, when aspects of the transaction dictate the terms of the ensuing plan or constrain parties in exercising their confirmation rights, such as by placing restrictions on creditors’ rights to vote on a plan. A 363 sale may also may be objectionable as a sub rosa plan if the sale itself seeks to allocate or dictate the distribution of sale proceeds among different classes of creditors.
The judge basically dismisses those charges with wording that sounds like the chewbacca defense.
But none of those factors is present here. The MPA does not dictate the terms of a plan of reorganization, as it does not attempt to dictate or restructure the rights of the creditors of this estate. It merely brings in value. Creditors will thereafter share in that value pursuant to a chapter 11 plan subject to confirmation by the Court ... The objectors’ real problem is with the decisions of the Purchaser, not with the Debtor, nor with any violation of the Code or caselaw
I think there has been a general feeling that since Chrysler made it through bankruptcy and is back in business, GM will have a cakewalk. Nothing is farther from the truth.
That's going to make GM's time even more difficult than it already will be.
On July 10th, federal funds to the General Motors Corperation stop if GM is unable to sell it's assets to the "new" GM. At that point, General Motors will have no cash, and will be forced to begin liquidation.
Before the internet lawyers show up here again to sprout off their BS about how "in this economy, it's not going to happen" as they did when Chrysler went through this, lets remember that any time you have creditors, debtholders, or other groups looking to get the most of their money back or get what they feel is theirs, the risk of liquidation is extremely high. Especially when you have a company whose assets are valued dozens of times over the value of the current intact company.
That's going to make GM's time even more difficult than it already will be.
On July 10th, federal funds to the General Motors Corperation stop if GM is unable to sell it's assets to the "new" GM. At that point, General Motors will have no cash, and will be forced to begin liquidation.
Before the internet lawyers show up here again to sprout off their BS about how "in this economy, it's not going to happen" as they did when Chrysler went through this, lets remember that any time you have creditors, debtholders, or other groups looking to get the most of their money back or get what they feel is theirs, the risk of liquidation is extremely high. Especially when you have a company whose assets are valued dozens of times over the value of the current intact company.
internet laywers +1
Last edited by Aaron91RS; Jul 10, 2009 at 04:20 PM.
are we not witnessing this right now as the days unfold? When was the last tine our goverment actualyl worked not for the benifit of big corperations but the actual people that appointed them to office??
Last edited by Caps94ZODG; Jul 10, 2009 at 07:48 PM.
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