Here We Go Again: This Time Gov't. Is Trying to Shaft Unsecured GM Bondholders

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NoToGMandChrysler0109Earlier today at my blog, I noted in a post updating the sad situations at bankrupt Chrysler and headling-for-bankruptcy General Motors, that GM is, according to a Wednesday Reuters report, offering secured bondholders a much better deal than the 29 cents on the dollar Chrysler's secured creditors have been offered. Chrysler's "non-TARP secured lenders," after what they allege with much evidential support was a campaign of threats and intimidation by President Obama and the White House, abandoned their efforts to have their first-lien rights recognized in bankruptcy court.

But Indiana pension funds holding some of that secured debt representing teachers, police, and other workers have taken legal action objecting to the terms of the Chrysler bankruptcy that don’t give first-lien lenders their proper and legal due.

It thus appears, despite a chest-thumping May 2 assertion in the New York Times that the White House's Chrysler hardball might have taught GM lenders a "lesson," that Obama and his car guys don't have the stomach for riding roughshod over the rights of GM's secured bondholders and ending up with the possibility of another bankruptcy moving into a regular federal district court (the Indiana situation could be the first).

Now what? Well, if you're Team Obama, you instead try to put the screws to GM's unsecured bondholders -- to the benefit of the United Auto Workers' Voluntary Employee Benefits Association (VEBA) trust.

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GM owes the VEBA about $20 billion. It is believed that the company's tentative deal with the UAW, announced Thursday but not officially commented upon, has it paying the VEBA $10 billion and forgiving the other $10 billion in exchange for a 39% ownership stake in the "reconstituted GM."

Meanwhile, remaining unsecured bondholders, according to this report which references a Bloomberg TV commentary, are being asked to forgive $27 billion of the $35 billion they are owed in exhange for a whopping 10% stake in the new company.

The complete proposed lineup is supposed to turn out this way:

  • UAW's VEBA -- Of $20 billion owed, $10 billion forgiven, 39% ownership.
  • Unsecured bondholders -- Of $35 billion owed, $27 billion forgiven, 10% ownership.
  • Uncle Sam -- Of $15.4 billion owed, representing money funneled to the company since December, "the bulk" is forgiven, for a 50% ownership stake (it's reasonable to believe that it's really a tad more than 50%).
  • Existing shareholders get a 1% ownership stake.

Everything I've seen thus far would indicate that the VEBA does not have superior status in the bankruptcy pecking order over unsecured bondholders. Yet its ownership stake is about 4% for each billion forgiven, while the unsecured bondholders get less than a 0.4% stake for each billion they are supposed to forgive.

As you would expect, unsecured bondholders are furious. A group calling itself "Main Street Bondholders" alleges that:

Unions and large investors have a seat at the negotiating table, but what about the average Americans that have played by the rules and now face a devastating loss, particularly seniors and soon-to-be seniors?

..... The Administration’s offer to “Main Street” bondholders is unfair - cents on the dollar - for individuals relying on these bonds to finance retirements, college tuition and medical expenses. It is disheartening that the Obama Administration is driving GM into bankruptcy.

They have brought their complaints to Congressmen, who have in turn raised the fundamental issue (bold is mine):

Four U.S. Republican lawmakers have complained to Treasury Secretary Timothy Geithner that a plan to restructure automaker General Motors Corp subverts the rights of bondholders, according to a letter from the lawmakers obtained by Reuters on Friday.

A proposed restructuring favors the claims of the United Auto Workers union "over the rights and claims of the company's diverse group of bondholders, who collectively hold $7 billion more in General Motors debt than the UAW's health trust and are equal members of the creditor class," the lawmakers said.

"We are extremely concerned that in the name of restructuring General Motors, the Presidential Task Force on the Auto Industry ... has begun waging what some believe amounts to a war on capital: contractual rights of investors are being trampled by the government under the rationale of 'extraordinary circumstances,'" the lawmakers wrote.

So this must be just a front for a bunch of evil, greedy hedge funds, as with Chrysler, right? Wrong, twice. First, the Indiana pension litigation shows that real, everyday people, union and non-union, are getting unfairly and illegally hosed under the current deal at Chrysler. Second, GM's unsecured bondholders are flesh-and-blood people too:

Calling themselves Main Street bondholders, the investors said they are " average" Americans who purchased GM bonds "as a part of their financial planning for retirement, medical expenses, small business expenses, and providing for their children's education," according to a statement. The meetings in Congress, the group said, are intended to highlight their "interest in a fair and equitable solution to GM's financial crisis."

..... Jim Graves, a 58-year-old software developer from Celebration, Fla., said that under those terms, he and his mother stand to lose most of the $100,000 in GM debt they have been counting on for retirement.

When such a thing happens to an everyday person who is ripped off by a financial planner, the press is sympathetic, usually justifiably so. But when the government and the companies it has for all practical purposes nationalized do the same to large numbers of people, the media silence is deafening.

If you see anything about this large-scale fleecing of unsecured investors for the benefit of organized labor on the Big 3 evening news programs or on any non-business cable news channel besides Fox, let me know. I don't expect a flurry of tips.

Cross-posted at BizzyBlog.com.

—Tom Blumer is president of a training and development company in Mason, Ohio, and is a contributing editor to NewsBusters


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Is anybody really surprised about this?

So basically the government and UAW are going to end up running GM and Chrysler. That doesn't make me want to run out and buy a car from either of them.

But I'm sure our President has some way to deal with that too.

DiT... I'm sure our

DiT...

I'm sure our President has some way to deal with that too.

He'll find a way...one way or the other.

Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart

What is more illegal?

What is more illegal? 

1.  Looking the other way and covering up a break in and theft of documents.

2.  Stealing billions of dollars from bondholders and giving it to your political supporters.

If the courts look the other way and allow Obama to usurp the law, and abrogate the property rights of bondholders, then we are truly lost.  The courts are our last chance before this guy becomes a total dictator.

"I've sentenced boys younger then you to the gas chamber.  Didn't want to do it, but I felt I owed it to them."  Judge Smails 

Obama the constitutional scholar

Yesterday, BO spoke about the need to adhere to the Constitution particularly for these non citizen detainees, even beyond the provision of Boumedine.  He pointed out his Constitutional scholarship.  Well, BO, what about the 5th Amendment? You know, don't you where it says,"Nor be deprived of life liberty or property, without due process of law, nor shall private property be taken for public use, without just compensation." The Constitution that applies to CITIZENS, Mr. Scholar?  Since actions speak louder than words, apparently, BO values the "rights" of non citizen detainees above CITIZEN property holders(like a good Marxist would)in Crysler and GE debt.  BO, that stinks.

 The 5th Amendment died

 The 5th Amendment died with the Kelo decision...from a supposedly conservative court.  Why are we even dismayed by any of this any more?

Without recognizing the ordinances of Heaven, it is impossible to be a superior man. - Confucious

As long as we can bend a few

As long as we can bend a few contract law rules, once the UAW and The Feds are firmly in control of GM and Chrysler it will be nothing to force most imports into unprofitibility due to bending some trade agreements and crushing taxes on non-US owned businesses operating in the auto industry. I would assume also that as a government owned car manufacturer you would also get ALL govnt and military contracts for motorized vehicles of all sorts. Furthermore it will be our patriotic duty to purchase these vehicles. Sure we can buy a Ford or Toyota etc if we want, but why would we when we can instant tax free purchases plus patriotic deductions from our income taxes (as it will be hovering around the 60% - 75% mark, any break we can get will be taken advantage of)... Yes, someday we will thank the Obama administration for this blatent disregard of contract and business law.

Toyota

Very astute.  The distinct possibility that all of this might come to pass is what caused me to finally get rid of my TM stock, which I have held for a very long time.

"I've sentenced boys younger then you to the gas chamber.  Didn't want to do it, but I felt I owed it to them."  Judge Smails 

Chrysler Snafu

Cavuto just reporting that Fiat is now having second thoughts about Chrysler, have concerns about the remaining value of Chrysler.

Maybe it's really the Bamster they are having second thoughts about?

I think you are correct,

I think you are correct, they are probably feeling like an oil company who is finally about to realize some profit in Venezuela circa 2007.

No news here

Like the suburban Washington 5 years olds who got stiffed by Professor Moriarty and his merry men when they were 10 minutes late to the white house, because of a car wreck, the unsecured bondholders are largely members of the last class of folks in politically correct America that you can routinely screw over. Non Union white folks. If the kids were from DC, or the unsecured bond holders were the NAACP pension fund, Sharpton would be warming up the private jet, the criminal black caucus would be demanding an investigation and the hood would be "takin it to the street'!

How on God's green earth

How on God's green earth can there be anyone who isn't a Libtard out there on the news channels say that there are signs that the economy is doing better?  How is it that the unemployment rate isn't double what it was a few months ago?  How can it be that the stock market is still over 8000?

Used to be that things would go south if investors heard rumors that the president may have gout, that some banker somewhere got his mistress pregnant, that some airline would serve one less grape to passengers...

But now we have this constant, nearly daily pounding of free enterprise...are they masochists?

One of the 34% who thinks George W. Bush was a great President. One of the 61% who wants to bring back the stock and pillory (yep...approval for Congress now at 39%...do you believe that!?).

FLEECING

Awww C'mon, Whether it's legal or not doesn't matter to socialists. What's really important is the redistribution of wealth. Just ask Barry, or Karl Marx, they would tell you they are just returning the money to the rightful owners that had it stolen from them in the first place.

 

Hey Barry, Harry, Nan, and Jan I am the right wing extremist DHS warned you about.