Craig Steiner, u.s. Common Sense American Conservatism |
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The Supreme Court threw a wrench into the plans to have a quick bankruptcy process at Chrysler LLC, delaying the company's combination with Italian automaker Fiat. The matter at hand is in regarding the following: The Indiana State Police Pension Fund, the Indiana Teacher's Retirement Fund and the state's Major Moves Construction Fund claim the deal unfairly favors the interests of the company's unsecured stakeholders ahead of those of secured debtholders such as themselves. In other words, the plan that was crammed down bondholders' throats is now being challenged in the U.S. Supreme Court, and the very constitutionality of using TARP funds to bailout the auto industry is being questioned. This is far from the last word and the Supreme Court could still allow the sale to proceed. But some serious questions are being raised that challenge the Obama administration's invasion into the private sector and their rather unilateral rewriting of contracts to the detriment of secured debtholders. And those questions are going to be reviewed by the Supreme Court. This also highlights the questionable hope of the administration back in April to resolve the process by the end of June: A top administration official said the goal was a "surgical, short" bankruptcy that could be wrapped up in within two months. Indeed those predictions seem to be panning out. It's possible the Supreme Court could dispose of this challenge quickly, but that's not usually the way things play out. The hope of getting the Chrysler reorganization done in under two months was probably absurd. It's possible the government will have to throw more money at Chrysler to keep it afloat through a longer-than-two-month bankruptcy which could eventually end in bankruptcy liquidation if Fiat is no longer interested in participating when the process is complete.
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