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Coordinating towards higher values

Chrysler Travesty

by Robert Capozzi

In what may be the end of the rule of law, the Supreme Court decided to NOT review the terms of the pre-packaged Chrysler asset sale. In the name of expediency, bondholders have clearly been short-changed in this process, and, near as I can tell, no one disagrees. And yet this contractual arrangement -- being inconvenient -- is just swept aside.

Not good. Not good at all.

If secured creditors can just be blithely ignored, this will have ramifications, potentially huge ones. Why would anyone buy debt -- especially of a "too big to fail" enterprise -- with this precedent hanging out there?

With the multiple crises happening simultaneously, and this one being rather obscure, few have taken notice. Be sure that debtholders of OTHER companies have.

-RC


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Comments

In the response, the Car Task Force pointed out that the bondholders in the extant case are getting more from the deal then they would from liquidation. The only thing one can conclude is that some Republican lawyer wanted his 15 minutes of fame for later campaign use. He was certainly thinking more about his fees than his client. I hope he is working on contingency (and getting nothing).

# posted at by Michael Bindner

MB, I'd not realized that the Car Task Force was not only impartial, but more skilled at bankruptcy valuation that pension fund managers. IOW, are you serious?

# posted at by Robert Capozzi