new chapter in auto saga
Senior Obama administration officials have confirmed that attempts to stave off a Chrysler bankruptcy filing have failed because of the intransigence of a minority group of bondholders. The Treasury will now try to use the courts to force a settlement in what the administration hopes will be an abbreviated period in Chapter 11 protection. The Associated Press reports :
“The Obama administration had long hoped to stave off bankruptcy for Chrysler LLC, but it became clear that a holdout group wouldn’t budge on proposals to reduce Chrysler’s $6.9 billion in secured debt, according to the officials, who spoke on condition of anonymity because the filing plans are not public. Clearing those debts was a needed step for Chrysler restructure by the Thursday night deadline.
Bankruptcy doesn’t mean the nation’s third largest automaker will shut down. And the privately-held Chrysler is expected to sign a partnership agreement with the Italian company Fiat as early as Thursday as part of its restructuring plan. A Chapter 11 bankruptcy filing would allow a judge to decide how much the company’s creditors would get.
President Barack Obama is expected to discuss the nation’s auto sector at noon Eastern.”
The New York Times reported late last night on the breakdown of negotiations between the Treasury Department and the minority holdout contingent, some 40 hedge funds that control only 30 percent of Chrysler’s debt :
“The battle over how to restructure Chrysler appeared likely to shift from closed-door conference rooms to a bankruptcy court on Thursday, as the carmaker and the Obama administration failed to win the near-unanimous consent they were seeking from Chrysler’s secured lenders.
If that happens, there could be a public brawl between the government, which is effectively propping Chrysler up with billions of dollars in loans, and a group of its recalcitrant lenders over who has claims to the company’s assets.
Many of the holdout lenders, primarily distressed-debt hedge funds who bought portions of Chrysler’s $6.9 billion of bank debt at a discount, are likely to argue that they have the first claim to the carmaker’s assets that were pledged for those loans, people briefed on the matter told DealBook.
They argue that they would see greater recovery in a liquidation of the car giant, which they contend would yield about 65 cents on the dollar. The most recent plan proposed Wednesday by the Treasury Department and Chrysler’s four main bank lenders — JPMorgan Chase, Citigroup, Morgan Stanley and Goldman Sachs — would have given the creditors about 33 cents on the dollar.
Because they hold ‘first lien’ debt, these creditors are at the front of the line to be repaid, and they have the first claim on the plants, equipment and brands that served as collateral to loans tied to Chrysler’s 2007 sale to Cerberus Capital Management.
These creditors hold a more senior position than the government holds for its Chrysler debt. Indeed, because so much of Chrysler’s collateral is already pledged out, the government is likely to provide debtor-in-possession financing to Chrysler on an unsecured basis, one of these people said.”
Associated Press : Chrysler to get up to $8B from govt for bankruptcy
New York Times : A Road Map to a Chrysler Bankruptcy
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