It’s not just Chrysler


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Thanks!

Another example of politicians using the TARP card to influence the bankruptcy process. Banks may think twice before they provide their next DIP. If nothing else, the cost of this financing will increase. Which I believe is counter to what said politicians would like to see happening.

Hartmarx- A Harbinger of Things to Come

by Rodney Johnson

May 9 (HS Dent) — Hartmarx, the clothier who’s recent fame is making suits warn by President Obama, filed for bankruptcy protection in late January. Wells Fargo supplied Debtor in Possession Financing (DIP) while the company reorganized. Three bidders have emerged: two of the bidders are interested in keeping the operation going, the third would liquidate the company. When employees got wind of the third bid, they rallied against Wells Fargo, assailing the bank and calling congressmen, as reported by Progress Illinois:

This news of a potential liquidiation caused workers, union leaders, and members of Congress to spring into action to aid the company, which employs 3,000 people nationwide, including 1,000 in Illinois. Rep. Phil Hare, who spent 13 years as a Hartmarx employee, described himself as “livid” at the bank, which accepted $25 billion in federal bailout funds. He went on to enlist the help of Rep. Barney Frank (D-MA) and Sen. Chuck Schumer (D-NY). Rep. Jan Schakowsky, whose great-aunt found a job with Hartmarx after emigrating from Russia, called Wells Fargo CEO John Strumpf and urged him to keep the company running. Illinois Treasurer Alexi Giannoulias, meanwhile, sent a letter to Strumpf threatening to sever the state’s business with the bank if Hartmarx was ultimately liquidated.

This is not isolated. This is not about Chrysler, GM, and tens of thousands of workers and the ability of the United State to mass produce heavy vehicles as a point of national security and safety. This is a company that makes clothing, who through the power of employees, not owners, is bringing pressure on a bank through political paths because of TARP funding. A year ago this would have been seen as a bizarre episode. Today it is an indication of where we are headed, as the recently silenced critics of the Chrysler deal know all too well.


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Latest on Obama and Chrysler


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Not to bore you with this, but it’s a no win situation in that if the secured creditors lose, the entire credit structure becomes uncertain, and if the secured creditors win, the deal breaks down and Obama, an all star law graduate, loses credibility and political power as the deal falls apart and Chrysler folds unless there is additional public funding.

And with GM next, there’s no telling what might happen to both the automakers and the entire supply chain and distribution network.

Chrysler Non-TARP Lenders Object to Auction Plan

by Christopher Scinta and Tiffany Kary

May 4 (Bloomberg) — A group of Chrysler LLC’s secured lenders is seeking to block the bankrupt company’s plan to sell its business at auction this month, arguing that the U.S. government is violating federal law to preserve the automaker.

The group, calling itself Chrysler’s non-TARP lenders, in reference to the Troubled Assets Relief Program, seeks to block the proposed sale to an alliance led by Fiat SpA, as well as a request by the U.S. automaker for approval of a $4.5 billion Treasury loan to finance the reorganization.

Secured lenders that agreed to the Fiat deal, including JPMorgan Chase & Co.,Citigroup Inc. and Goldman Sachs Group Inc., had conflicts of interest because they had also accepted TARP funds, the group said.

The process is “tainted” because it was dominated by the government, the lenders argued in papers filed today in U.S. Bankruptcy Court in Manhattan. The group also said the short period of time given to evaluate the sale was improper and the hearing on bid procedures that began today should be delayed. The judge delayed the hearing until 2:30 p.m. tomorrow, ordering the members of the lender group to reveal their identities.

‘Improperly Attempts’

The sale “improperly attempts to extinguish their property rights without their comment,” attorneys for the objecting lenders wrote in court papers.

“The sale motion should be denied because it seeks approval of a sale that cannot be approved under the bankruptcy code,” they argued. “The court should not permit a patently illegal sales process to go forward.”

Chrysler’s planned alliance with Turin, Italy-based Fiat, would create the world’s sixth-largest carmaker. Chrysler, based in Auburn Hills, Michigan, wasn’t able to pursue the merger outside bankruptcy because of opposition by the objecting lenders.

Under bankruptcy law, offers for bankrupt companies or their assets are generally subject to the possibility of higher bids at a court-supervised auction.

The Fiat offer, to be made from an as-yet unnamed entity formed by the Italian automaker, Chrysler employees and other parties, will be the lead bid in an auction, which is typically required for assets sold in bankruptcy. Chrysler is asking U.S. Bankruptcy Judge Arthur Gonzalez to approve bidding rules for an auction that would require creditor objections to the sale be submitted by May 11, followed by a May 15 deadline for competing bids. The bankrupt company seeks a May 21 hearing to approve the winning bid, according to the court filing.

Listed Assets

Chrysler, in its April 30 filings, listed assets of $39.3 billion and liabilities of $55.2 billion, making it the fifth-largest bankruptcy in U.S. history, according to data compiled by Bloomberg News.

Chrysler’s proposed sale favors junior creditors over senior creditors and would improperly channel the proceeds to specific creditor groups, the objecting lender group said in the court filing.
In court today, Thomas Lauria, a lawyer for the secured lender group, said some of its members have received death threats. In response to the judge’s demand that the members of his group be revealed, Lauria said the identities of more lenders would be revealed “promptly.”


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Credit Crunch II?


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This could trigger ‘Credit Crunch II’ which will be far more destructive than anything we’ve seen to date.

In Credit Crunch I lenders stopped lending temporarily for the likes of homes and cars due to fear of falling prices, rising unemployment, etc.

Credit Crunch II will be about all potential lenders, including the banking system, not lending to anyone for fear of not being legally entitled to collect past due balances.

This is a very different kind of systemic risk.

It is politically self inflicted systemic risk.

Intentional or not, the word ‘subversive’ is surfacing.

Hopefully the courts quickly affirm the legal rights of secured lenders.

Sell in May and Go Away

by John Maudlin

May 1 (Ritholtz) — And before I close, let me make a few comments about the Chrysler and GM issues. I tell my kids all the time that actions have consequences. If I hold senior secured debt of a company and the government tells me I have to take less than unsecured junior debtors, I am not going to be happy. I may have been dumb to make the loans in the first place, but I did it under a very specific contract and the rule of law.

If the Obama administration arbitrarily changes those rules to favor a political class (unions), then that is going to have a chilling effect on future lending to all corporations.

OK, one more thought. If Chrysler couldn’t figure out how to make efficient cars from their partnership with Daimler-Benz, are they now going to become viable through a partnership with Fiat, which has been on the verge of bankruptcy for the last decade? Really? GM paid $2 billion in penalties to Fiat in 2005 so as to not be forced to buy them. And Fiat gets 20% for no cash?


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Re: Chrysler related comments by Professor Bill Black


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>   
>   On Sat, May 2 and 3:48 PM, Bill wrote:
>   
>   I want to amplify a couple of Warren’s points that the media that I’ve seen has
>   missed. To me the key is the internal inconsistency of the Obama
>   administration’s reasoning. Contracts were sacred (AIG bonuses). Now, secured
>   creditors, who negotiated for a lower yield in return for priority (i.e., the prudent
>   lenders), are attacked by the administration as morally evil for not giving up their
>   rights.
>   
>   It’s one thing to use bankruptcy powers against unsecured creditors (and that
>   includes secured creditors to the extent they are undersecured). That’s an
>   inherent risk of being an unsecured creditor, particulary in a nation like the U.S.
>   that allows Chapter 11 reorganizations. (Reorgs may be the interest of unsecured
>   creditors as a class, but they can be hell on particular unsecured creditors.)
>   
>   Secured creditors are not the same, particularly where they are fully secured. The
>   Supreme Court has emphasized that the bankruptcy laws cannot be used to
>   commit a “taking” without just compensation.
>   
>   But the point I want to emphasize is this — why is the same administration
>   refusing to wipe out risk capital (equity and subdebt) in favored banks and instead
>   providing them with myriad federal subsidies while demanding that fully secured
>   auto creditors take a deep haircut? To state the obvious, risk capital has the
>   lowest priority — none. Moreover, it is supposed to be wiped out to create the
>   proper incentives. Conversely, senior debt is not supposed to be wiped out (or
>   extorted into serious haircuts) — that creates perverse incentives. Does anyone
>   seriously believe that if Goldman or Pimco held the large senior debt positions in
>   Chrysler the administration would have extorted and demonized them?
>   
>   Best,
>   
>   Bill
>   


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Chrysler related comments


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The point remains that the job of the executive branch is to enforce the laws as enacted by Congress.

This is not a time of war, Chrysler is not a national security or strategic issue, nor is the US automobile industry.

In fact, Chrysler was already largely a foreign entity, and even GM is now probably larger overseas than in the US, and the national origin of its shareholders are of no consequence.

This has turned into a simple, unwarranted, unnecessary, and counterproductive show of force between the President and a few lesser Wall St. players.

In the absence of supporting law, the administration, driven by anger, instead used all its bully powers to avoid a Chrysler bankruptcy (for reasons not yet fully disclosed) and, in this instance, lost that (minor?) battle.

The separation of power between executive, legislative, and judicial branches and the rule of law bent but did not yet break.

This is what happens with a President who doesn’t understand the monetary system, and doesn’t understand the US has unlimited ‘financial resources’ to sustain full employment and social equity with or without Chrysler or any other private employer.

Instead, the President sees an inevitable rise in unemployment and the risk of systemic failure should the automobile industry ‘rescue’ fail.

Just as:

  • The errant belief that we need China and others to be able to deficit spend is driving foreign policy ‘concessions.’
  • The errant belief that we can’t ‘go it alone’ with fiscal policy is squandering a golden opportunity to enhance our standard of living.
  • The errant belief that we are economically better off with a balanced federal budget is risking the sustainability of our domestic economy.
  • The errant belief that bank lending is a prerequisite to economic well being is shifting wealth upward away from lower income working people.
  • The errant belief that ‘monetary policy’ can support GDP delays and limits fiscal response.
  • The errant belief that exports are more desirable than domestic consumption depresses our standard of living.
  • The failure to understand the difference between the purchase of financial assets and the purchase of real goods and services continues to prolong our massive output gap and the unrecoverable real losses of high unemployment.
  • All of this can be traced to a world wide failure to recognize the fundamental difference between the gold based monetary systems of the past and today’s non convertible currency regimes.

The Lenders Obama Decided to Blame

by Zachary Kouwe

May 1 (NYT)


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Chrysler Obamanation


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Chrysler Lenders Include Yale, Gates Foundation

by Katherine Burton, Sree Bhaktavatsalam and Pierre Paulden

May 1 (Bloomberg) — Chrysler LLC’s secured lenders include Yale University,Oaktree Capital Management and assets managed for the University of Kentucky, Halliburton Co., Kraft Foods Master Retirement and the Bill and Melinda Gates Foundation,, according to a court filing in the carmaker’s bankruptcy.

Demons!!!

Chrysler, the nation’s third-largest carmaker, yesterday filed for Chapter 11 bankruptcy after a group of 20 Chrysler secured lenders calling itself the “Committee of Chrysler Non- Tarp Lenders” rejected an offer by the government that would have paid them $2.25 billion on $6.9 billion of debt, or 33 cents on the dollar. The government plans to ask the bankruptcy judge to let it pay the creditors in that group $2 billion, or 29 cents on the dollar to end their claims.

“A group of investment firms and hedge funds decided to hold out for the prospect of an unjustified taxpayer-funded bailout,” President Barack Obama said yesterday in Washington before Chrysler’s bankruptcy filing.

The list of more than 100 secured lenders, filed yesterday in the U.S. Bankruptcy Court in Manhattan, includes those that initially declined the government offer as well as others, including the U.S. Treasury.

First the Fed is the one who approved the AIG bonuses, and now the Treasury is trying to claw back some of the funds it’s giving Chrysler.

Some investors, including OppenheimerFunds Inc. and Perella Weinberg Capital Management LP’s Xerion hedge fund, bought the debt of the automaker before last July. On June 30, Chrysler auto loans were trading at about 49 cents on the dollar. Xerion, run by Daniel Arbess, OppenheimerFunds and Stairway Capital Advisors, were all part of the dissident group. Hedge funds including Elliott Management Corp. and York Capital Management LP, supported the government’s deal.

Perella Statement

Perella and Xerion issued a statement yesterday after the president’s comments saying it accepted the government offer and would attempt to persuade other lenders to do the same.

They probably bought it even cheaper.

“We believe that this is in the best interests of all Chrysler stakeholders, and our own investors and partners,” the Perella statement said. “We are working with other non-TARP Lenders to encourage broad participation in the settlement.”

Goldman Sachs Group Inc. sold off about $500 million of the loans they had underwritten in April 2008 at 63 cents on the dollar, telling clients they would get a yield 25 percent if they held the paper for four years.

Executives at the lenders declined to comment or didn’t return calls seeking a comment.

The Obamanation continues.

Chrysler is not a strategic business, the courts can handle it as needed, and government can sustain full employment in desperately needed services at will with fiscal adjustments.


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Obama’s Chrysler speech


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First impression: thoroughly depressing at all levels.

Particularly the public purpose aspect.

Less critical but also highly disturbing are issues like:

Looks like a nearly free call for Fiat because Obama believes their technology is critical.

Obama: Bankruptcy is ‘path to Chrysler’s revival’ in new partnership with Fiat

Apr 30 (Delaware Online) — “Fiat is getting its stake in Chrysler for giving the company access to its fuel-efficient technology, a move toward cleaner cars that the Obama administration thinks is critical to Chrysler’s future survival.”

“But Fiat, which the Obama administration hopes can jump start Chrysler with its fuel-efficient and lower-emission technology, could end up the majority stakeholder. Fiat would initially get 20 percent, a share that could rise to 35 percent if certain benchmarks are met.”

“Fiat said Thursday it could get an additional 16 percent by 2016 if Chrysler’s U.S. government loans are fully repaid. The company has committed to building Fiat cars in Chrysler factories, to be sold as Chryslers.”

And if Fiat gets paid for its cars and engines with US subsidy funds maybe no downside at all?

And somehow, and not that I personally care one way or the other, handing over a subsidized Chrysler to Fiat heralds the revival of an American company?

The same Fiat that has failed miserably each time its attempted to enter the American markets, and often over quality and reliability issues is going to save Chrysler?

Somehow Chrysler switching from Mercedes engines to Fiat cars and engines gives it some kind of advantage?

On to the public purpose issues.

Major emphasis on what the company has done for the workers- housed, fed, and clothed them, sent their kids to college, pay their bills.

Same can be said for industries building nuclear weapons, tobacco products, and dangerous toys.

It’s about the output. It’s not like there’s some kind of natural job shortage.

Every worker could have been doing something else for the same compensation.

Public purpose is about opportunity costs under full employment conditions.

Obama also defended this plan not on public purpose, but on the issue of whether there will be losses of ‘taxpayer money’.

He said ‘no company can be supported on an endless stream of taxpayer dollars’.

What about the defense industry, or other institutions of public purpose?

The difference is Chrysler’s output has no public purpose.

Obama says “this is about supporting tens of thousands of jobs”.

Yes, to create output that has no public purpose.

In fact, for years there has been substantial excess capacity in the automobile industry.

And then there was the vicious attack on the legally secured creditors who wouldn’t take less than the face amount of their debt, like those who received tarp money were apparently pressured to do.

Why would anyone even remotely expect or even desire that to happen?

Was there any consideration, for example, to what would happen to credit availability and interest rates for private borrowers if secured lenders expected to have to take discounts if the borrowers got in trouble? There would be no lending as we know it.

Yet the President of the US attempted to coerce these secured lenders to ‘sacrifice’ because unsecured creditors and employees were settling for less? How are those related?

And after a recent speech about how he’s going to help unions, Obama follows up with this:

“Along with the Fiat deal, the UAW ratified a cost-cutting pact Wednesday night.”

Can’t have it both ways.

Nor is there any discussion on how the government’s failure to sustain aggregate demand and let car sales fall in half resulted in substantial losses for all the world’s car companies.

And that only the restoration of aggregate demand is what ultimately supports profitability.

Instead, with full authority and the voice of intellectual superiority:

“For too long,” Obama said at the White House, “Chrysler moved too slowly to adapt to the future, designing and building cars that were less popular, less reliable and less fuel efficient than foreign competitors.”

Obama closes by saying he hopes we buy American cars, completely missing another economic fundamental of public purpose- imports are real benefits and exports real costs.

He fails to understand that the flood of net imports has made a major contribution to the American standard of living, to the detriment of the net exporters.

Yes, removing debt and reducing obligations to workers makes a company financially stronger and gives it a competitive advantage.

But done this way it’s also a transfer of nominal wealth previously subject to contract law.

And determining that Government can suspend contract law also has consequences on private investment and risk assessment.

To some degree it’s also a fallacy of composition- if you do it for all the car companies nothing is gained vs each other, and excess capacity persists.

This was a chilling speech on many levels, and does not bode well for the public purpose of our real standard of living.

And perhaps worst of all, the continuous, faulty logic was all delivered with an arrogant voice of authority, confidence, and intellectual and moral superiority.

Scared me into selling my stocks today. Continuing government attacks on shareholders can’t be ruled out. Markets are way off their lows and already seem to know the ‘good news’ of GDP maybe going flat. And I’m getting worried that Obama means what he says regarding ‘fiscal responsibility.’


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