Chrysler to Emerge From C11 on Monday
Provided, that is, the Supreme Court of the United States (SCOTUS) turns down Indiana’s request to overrule the sale of assets from Old, Crap Chrysler to New, Italian-controlled Chrysler. This after the U.S. Appeals Court told the gearbox-factory-jilted state’s lawyers to piss off. Or, more specifically, “You can’t wait for a better deal to come in from Studebaker.” Wait schmait; the three judges returned their decision about 10 minutes after Indiana’s lawyers finished their arguments. “There’s one more stop on the train,” Tom Lauria, a lawyer for the Indiana pension funds said, after the court’s ruling. Yes, well, New Chrysler left the station a while ago. One of our Best and Brightest has an interesting take on this (after the jump), but again, I reckon this is a done deal.
Well, a very interesting conference there will be at SCOTUS on Monday!
Assuming that there are no self-recusals for stock ownership (but shouldn’t they all recuse because they are taxpayers?), I can envision a scenario where Alito, Roberts, Thomas, and Scalia find likelihood of success and therefore would preliminarily enjoin the sale pending expedited briefing and argument.
However, then one of the others says, “Look guys, you can get this case heard, but you are going to lose 5/4, and in the interim FIAT walks away, and then it’s all OUR fault. So, suck it up, and take one for the team.”
Except, seeing as Congress declined to give TARP funds to the automakers… do the institutional aims of SCOTUS usually include allowing the Executive branch to rule by fiat? (Sorry, could not resist. RF, feel free to use, but don’t attribute.) But I think the only way that the four named above can get another vote is to appeal to the others’ amour-propre and not to the rule of law!
It is actually a very “nice” legal issue: “As long as there is some non-trivial amount of competent evidence that the Ch. 11 plan gives the objecting creditor more than a Ch. 7 liquidation would, does that fact that a non-objecting creditor get treated even better invalidate the Plan?” (We can call it the ‘The Parable of the Vineyard Workers’ test. You know—”What business of yours is my generosity with others; you got the wages you bargained for.”)
In other words, does passing the “more favorable than Ch. 7” test confer immunity on favoritism? As a precedent, I think that is very dangerous. But SCOTUS can’t put in a footnote that says, “This decision shall be non-precedental, except for any other bankruptcy BH Obama really cares a lot about.”
Well, by 4:00 PM Monday, we should know how much is left of the Republic.
More by Robert Farago
Latest Car Reviews
Read moreLatest Product Reviews
Read moreRecent Comments
- Cprescott People do silly things to their cars.
- Jeff This is a step in the right direction with the Murano gaining a 9 speed automatic. Nissan could go a little further and offer a compact pickup and offer hybrids. VoGhost--Nissan has laid out a new plan to electrify 16 of the 30 vehicles it produces by 2026, with the rest using internal combustion instead. For those of us in North America, the company says it plans to release seven new vehicles in the US and Canada, although it’s not clear how many of those will be some type of EV.Nissan says the US is getting “e-POWER and plug-in hybrid models” — each of those uses a mix of electricity and fuel for power. At the moment, the only all-electric EVs Nissan is producing are the Ariya SUV and the perhaps endangered (or maybe not) Leaf.In 2021, Nissan said it would make 23 electrified vehicles by 2030, and that 15 of those would be fully electric, rather than some form of hybrid vehicle. It’s hard to say if any of this is a step forward from that plan, because yes, 16 is bigger than 15, but Nissan doesn’t explicitly say how many of those 16 are all-battery, or indeed if any of them are. https://www.theverge.com/2024/3/25/24111963/nissan-ev-plan-2026-solid-state-batteries
- Jkross22 Sure, but it depends on the price. All EVs cost too much and I'm talking about all costs. Depreciation, lack of public/available/reliable charging, concerns about repairability (H/K). Look at the battering the Mercedes and Ford EV's are taking on depreciation. As another site mentioned in the last few days, cars aren't supposed to depreciate by 40-50% in a year or 2.
- Jkross22 Ford already has an affordable EV. 2 year old Mach-E's are extraordinarily affordable.
- Lou_BC How does the lower case "armada" differ from the upper case "Armada"?
Comments
Join the conversation
Long126mike: I would have let Chrysler die in 1979, since I think that bailout sewed the current seeds of destruction. I am very eager to see what Penske can do with Saturn. I currently drive Toyotas but I am open to an quality product. I just will have to have a lot more grey hair before I return to GM. I absolutely loved this comment: If I ran the world, he’d be lucky that the least I did was seize everything he owns and put him in a work camp shoveling cow dung for the next 5 years. Thanks