Auto-SummaryThe post discusses the implications of the US government's involvement in Chrysler's bankruptcy, questioning the legality and fairness of the government's actions. It argues that the government, as a junior unsecured creditor, should not have received a significant stake in the company, and that the UAW's interest in the company is unjustified. The post also criticizes the use of credit default swaps and the government's willingness to rewrite laws for political gain, suggesting that such actions undermine the rule of law and discourage private investment.
biggyfred said:
zappaisgod said: Secured creditors get back all of their money first.
They most certainly do not. They have absolute priority, but the whole damn point of a bankruptcy is for the secured and unsecured creditors to hash out an agreement on how it will be divided. I think a bankruptcy plan has to be supported by 2/3 of secured creditors and 2/3 all creditors (or so).
That would be nice if your link said anything about secured creditors vs other creditors but it did not. A common for instance is in housing foreclosures when the first mortgage holder is expected to get made 100% whole before a second mortgage gets touched. Other unsecured creditors after the second secured mortgage who would get fucked totally in include any trade liens. I do not know about your ratios but I do know that the UAW is nowheresville if not for the illegal acts of the Obama administration in confiscating and redistributing property. Many other companies have been liquidated to satisfy judgments with no concern for the employees.Quote:
Quote: Or at least that used to be the law before Obama decided that big campaign contributors get something for nothing. And you all thought Republicans were corrupt. This is a naked campaign pay for play.
The US government is a creditor and has every right to band with other holders to force action. That's the whole point! With a small position (in relative terms) in the company, it is without question in the government's interests (not just jobs-wise but economically as well) to restructure in a way that may generate future revenue and allow them to recover at least a portion of the "investment".
But the government entirely relinquished any claim to be paid back. And the US government was a junior creditor, i.e. unsecured. Nor did they legally assign their interest to the union. Then there is the further issue of out and out bullying. Many times a senior creditor will negotiate a share for junior creditors at their expense but which is in their interest to avoid litigation expenses. This was not done here because the government is a bully.Quote: Not only that, but many of the secured creditors have a financial stake in the company being forced into bankruptcy with CDS hedges. I mean shit, let's be real here: Why on God's effing green Earth would you be holding Chrysler paper right now? It made great business sense for CDS holders to buy up this trash Chrysler paper at nothing on the dollar and try to force a bankruptcy. Course, it's unethical, dishonest as bloody hell, and legally questionable (not to mention agency questions that open the firm to liability, but who cares right?), but no one seems to give a shit about that because it doesn't involve unions and socialism and whatever else we can hyperventilate about. It's just good old fashioned capitalist backstabbing.
Will you please provide any indication that there was anything to do with a credit default swap. It would seem to me that if the creditors held a CDS they wouldn't care so much that the company was being given away because they had purchased insurance against that. Backstabbing? What are you talking about. Good old capitalist backstabbing does not involve an active government taking and redistributing on no basis other than political expedience. BY WHAT LEGAL MEASURE SHOULD THE UNIONS RECEIVE THIS HUGE INTEREST IN THE COMPANY?Quote: If Obama goes after them for being dishonest, he hates capitalists. If he does nothing, the people get absolutely nothing for their "investment". Either way, lonestar would still complain because he/she is too damned lazy to research before posting other peoples' trash articles and internalizing it as the word of God. Amirite? How simple minded do you have to be to think it was about not mentioning Bush? Lowest. Common. Denominator.
What dishonesty? The only dishonesty is Obama's naked grab. He has totally forgiven the money lent by the people, gotten nothing in return and given 55% of whatever assets there might actually remain to the group that destroyed the company in the first place but never put anything up.Quote: Was putting money in a bad idea? Shit yea. Is the horse out of the barn already? Yes.
Oh yeah, this pony is out. The pony is any reasonable law regarding bankruptcy. The message is loud and clear. American is a banana republic, where the rule of law is gone and empathy holds sway. He said as much in his speech regarding a Supreme Court justice. Damn the law when there are ends in sight.Quote:
Quote: If secured loans are no longer secured and the government can swoop in and rewrite law every time they want to manufacture a crisis, who will ever make a secured loan? Guess who. Go on, guess. Only the government, with taxpayer money, which they will then forgive to benefit union campaign donors. Under the guise of saving jobs. A naked cash grab, plain and simple. Any fund manager who invests in a US company now should be prosecuted for malfeasance.
If you have a heart attack every time the government "interprets" a law the way they want to, well, you must be in constant pain.
I am not a lawyer, but I am in business.
I'm in business too. I'm in construction. I never had the problem but I have seen lots of contractors and thus the employees of their companies get fucked when the banks got 100% and there was nothing left to cover mechanic's liens. Companies went under and people got fired. But not the fucking UAW. Oh no, not them.
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