While hearing Pres. Obama's speech announcing the Chrysler Chapter 11 bankruptcy, it was easy to see he was a little peeved. I had read of some events leading up to the reason for his being peeved. And there is a little more to what went on behind the scenes:
Behind the Chrysler bankruptcy
http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/Behind-the-Chrysler-bankruptcy-44069827.html
Chrysler is going into Chapter 11 bankruptcy, despite the Obama administration’s efforts to keep it out. The problem was that a group of small bondholders, who are are secured creditors, rejected the deal. The small bondholders were willing to settle for only 60% of what they were owed. But, they complain, the government wouldn’t negotiate directly with them, but only through JPMorganChase, which (unwillingly) took TARP money on October 13 and thus is under pressure to do what the government wants. The group of senior Chrylser's lenders viewed JPMorganChase as having a conflict of interest.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Senior Chrysler Creditors Revolt http://www.businessinsider.com/senior-chrysler-creditors-revolt-2009-4
Lenders made up of firms that didn't take TARP funds have issued a statement saying that they have been shut out of direct contact with the government during the negotiations.The group of senior Chrylser's lenders viewed JPMorganChase as having a conflict of interest.
Here's the statement:
As of last night’s deadline, we were part of a group of approximately 20 relatively small organizations; we represent many of the country’s teachers unions, major pension and retirement plans and school endowments who have invested through us in senior secured loans to Chrysler. Combined, these loans total about $1 billion. None of us have taken a dime in TARP money.
As much as anyone, we want to see Chrysler emerge from its current situation as a viable American company, and we are committed to doing what we can to help. Indeed, we have made significant concessions toward this end – although we have been systematically precluded from engaging in direct discussions or negotiations with the government; instead, we have been forced to communicate through an obviously conflicted intermediary: a group of banks that have received billions of TARP funds.
What created this much-publicized impasse? Under long recognized legal and business principles, junior creditors are ordinarily not entitled to anything until senior secured creditors like our investors are repaid in full. Nevertheless, to facilitate Chrysler’s rehabilitation, we offered to take a 40% haircut even though some groups lower down in the legal priority chain in Chrysler debt were being given recoveries of up to 50% or more and being allowed to take out billions of dollars. In contrast, over at General Motors, senior secured lenders are being left unimpaired with 100% recoveries, while even GM’s unsecured bondholders are receiving a far better recovery than we are as Chrysler's first lien secured lenders.
Our offer has been flatly rejected or ignored. The fact is, in this process and 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.
We have a fiduciary responsibility to all those teachers, pensioners, retirees and others who have entrusted their money to us. We are legally bound to protect their interests. Much as we empathize with Chrysler’s other stakeholders, the capital is just not ours to contribute to their cause by accepting a deal that is outside the well established legal framework and cannot be rationalized as being commercially reasonable.
We are continuing to discuss our position with the United States Treasury. We have made a proposal which we earnestly believe is fair and would appropriately recognize our legal position.
As President Obama implied yesterday, it is likely that Chrysler will have to file Chapter 11 whether or not all lenders agree to any particular proposal. Chapter 11 is often used to help implement an agreed deal and dispose of unwanted legacy liabilities. We are hopeful and optimistic that we will reach a positive resolution of our issues so that all stakeholders will move forward together to implement Chrysler’s “quick trip” restructuring in an un-contested proceeding. Our Group will never initiate a bankruptcy filing on Chrysler – that is a decision for the Company and the Administration to make.
As we all appreciate, laws are the foundation of our economy and society. Despite recent travails, our country remains the economic envy of the world and the United States remains a vital engine of global growth. The rule of law made it that way. We urge that people remember this and not succumb to unproductive and unwarranted finger pointing.
Sincerely,
The Committee of Chrysler Non-Tarp Lenders
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Put A Fork In Chrysler, GM Showdown Next (GM)http://www.businessinsider.com/henry-blodget-put-a-fork-in-chrysler-gm-showdown-next-2009-4
The talks with Chrysler's lenders broke down after the Obama administration's automotive task force worked into the evening to persuade several hedge funds and other lenders to accept a deal to reduce Chrysler's debt, said people involved in the talks.
The Treasury boosted its most recent offer to lenders on Wednesday by $250 million to $2.25 billion in cash for the banks and hedge funds to forgive $6.9 billion in Chrysler debt, people familiar with the matter said.
J.P. Morgan Chase & Co., which leads the creditor group as Chrysler's largest lender, gave the other 45 banks and hedge funds 90 minutes Wednesday to vote on the deal. A large number of the funds voted no and refused to budge, paving the way for an all but unavoidable trip to bankruptcy court, said people close to the talks.
GM's bondholders, meanwhile, will make their counter-offer today. Instead of the 10% equity stake that they were offered, the bondholders want control of the company.
Bloomberg: General Motors Corp.’s bondholders plan to present a counteroffer to President Barack Obama’s auto task force in Washington today that would give them control of the carmaker, according to a person familiar with the committee representing creditors
The bondholder committee plans to reject GM’s April 27 debt exchange offer that asked them to swap all their claims for a 10 percent stake in the reorganized automaker, said the person, who declined to be identified because the negotiations are private....
GM bondholders are proposing they get a 51 percent stake in the reorganized carmaker, the health-care fund get a 41 percent share, and common shareholders get 1 percent ownership, the person said. This structure would enable the U.S. Treasury to be paid back and avoid nationalization of GM, the person said.
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GM Bondholders Said to Ask for Majority Stake in Counterofferhttp://www.bloomberg.com/apps/news?pid=20601087&sid=a1sZ4xV6V.ik&refer=home
GM bondholders are proposing they get a 51 percent stake in the reorganized carmaker, the health-care fund get a 41 percent share, and common shareholders get 1 percent ownership, the person said. This structure would enable the U.S. Treasury to be paid back and avoid nationalization of GM, the person said.
GM, which has thousands of bondholders, is trying to prove it’s viable in order to keep $15.4 billion in federal aid. The bondholder committee has been in contact with about 100 institutions representing $12 billion in GM debt and its members include San Mateo, California-based Franklin Resources Inc. and Loomis Sayles & Co. of Boston, according to the person.
Changing CEOs
The Obama administration’s auto task force ousted Chief Executive Officer Rick Wagoner last month, saying that GM’s plan to return to profit wasn’t aggressive enough, and ordered new CEO Fritz Henderson to cut the automaker’s debt by more than initially demanded.
Before Wagoner was removed, GM had proposed that bondholders swap more than three-quarters of their stake for equity, according to a person familiar with the talks. That offer would have given bondholders 90 percent of the equity of the reorganized automaker and a combination of cash and new unsecured notes, the person said at the time.
The bondholders’ planned counteroffer was earlier reported by the Wall Street Journal.