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Chrysler expected to sell assets to Fiat

Fri May 1, 2009 9:39 AM EDT
us-news, business, us, bankruptcy, chrysler, treasury-department, chrysler-llc, treasury-departmentto
Bree Fowler, AP Business Writer
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showing 1 of 13 photos
<p>Gina Russo, second from left, and father Gus, third from left, owners of Lochmoor Chrysler Jeep watch President Obama announce Chrysler will file for bankruptcy on television with employees and customers in Detroit Thursday, April 30, 2009. Chrysler will file for bankruptcy after talks with a small group of creditors crumbled just a day before a government deadline for the automaker to come up with a restructuring plan, President Barack Obama said Thursday. (AP Photo/Paul Sancya)  </p>

Gina Russo, second from left, and father Gus, third from left, owners of Lochmoor Chrysler Jeep watch President Obama announce Chrysler will file for bankruptcy on television with employees and customers in Detroit Thursday, April 30, 2009. Chrysler will file for bankruptcy after talks with a small group of creditors crumbled just a day before a government deadline for the automaker to come up with a restructuring plan, President Barack Obama said Thursday. (AP Photo/Paul Sancya)

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NEW YORK — Chrysler LLC is expected to file a motion Saturday to sell substantially all of its assets to Italian automaker Fiat Group SpA, but the ailing automaker must still deal with creditors who refused to come to a deal to erase the company's debt.

Attorneys for Chrysler say eight plants will not be affected by the sale, including five that the automaker revealed it will shutter by the end of next year.

While Chrysler faced its first hearing Friday in Manhattan bankruptcy court, court documents showed the Big Three automaker planned to close plants in Michigan, Missouri, Ohio and Wisconsin that employ about 4,800 people. Chrysler said they will be offered jobs at other plants.

The company also announced President and Vice Chairman Tom LaSorda is retiring effective immediately.

Judge Arthur Gonzalez approved a series of motions at Friday's hearing, launching a chain of events designed to ensure Chrysler's bankruptcy process is the quick and "surgical" one the company and the U.S. government have promised.

But what could prove to be the case's biggest challenge still lies ahead. Chrysler must eventually deal with creditors who defied government pressure to wipe out the automaker's debt and might have helped the company avoid a bankruptcy filing in the first place.

Another hearing was scheduled for Monday, where Chrysler attorneys will ask Gonzalez to let the company start using $4.5 billion in loans from the U.S. and Canadian governments to keep operating under bankruptcy protection.

Chrysler, the nation's third-largest car manufacturer, filed for bankruptcy protection Thursday. The company plans to emerge in as little as 30 days as a leaner, more nimble company, with Fiat potentially becoming the majority owner.

In return, the federal government agreed to give Chrysler up to $8 billion in additional financing, on top of the $4 billion the company already has received.

Chrysler attorney Corinne Ball said that lawyers on Monday would ask to set a date for the first hearing on the sale of its assets to the "new Chrysler." In bankruptcy, assets are sold in a two-part process during which the court asks for competing bids. None are expected in Chrysler's case, since documents show the company already tried to form alliances with dozens of companies, including Nissan-Renault, Toyota, Honda, Volkswagen and even rival General Motors Corp.

Heidi Sorvino, bankruptcy partner at Smith, Gambrell & Russell LLP, said a sale could be completed in 30 to 60 days.

"I think the sale will happen quickly," she said. "The actual proceeding is going to take a long time."

Until the deal with Fiat closes, the automaker plans to idle all of its plants in the U.S. Chrysler's Canadian assembly plants also halted production Friday because of parts shortages stemming from the U.S. shutdown.

In court documents, Chrysler said it won't keep its Sterling Heights, Mich., plant that makes Chrysler Sebrings and Dodge Avengers, and the Conner Avenue plant in Detroit that makes Dodge Vipers. The St. Louis North plant that makes Dodge Ram pickups would also close.

Chrysler's Twinsburg, Ohio, parts stamping plant and Kenosha, Wis., engine plant will also be shuttered.

Two other plants that will be left out of the Fiat sale are the St. Louis South plant and an assembly plant in Newark, Del., that were idled last year. Another facility, Chrysler's Detroit Axle plant, is already scheduled to be replaced by a new factory near Port Huron, Mich.

The "new Chrysler" would lease the eight plants, then shutter them by December 2010.

"While some facilities may close, substantially all Chrysler employees will be offered employment with the new company," Chrysler spokeswoman Dianna Gutierrez said. "Employees currently located at a facility identified for disposition will be offered a position at one of the facilities sold to the new company."

Gonzalez approved Chrysler's motion to allow the automaker to pay $48.8 million in employee and contract worker pre-bankruptcy wages, benefits and businesses expenses. The motion also references an estimated $86 million in employee vacation benefits that it may not ultimately have to pay.

The judge also approved Chrysler's motions that will let it continue to honor its warranties and continue its current banking practices.

It's uncertain when Gonzalez will face objections from the creditors that hold $6.9 billion of the automaker's debt.

Four banks holding 70 percent of the debt agreed to a deal that would give the lenders 29 cents on the dollar. But a collection of hedge funds refused to budge, saying the deal was unfair because they deserve to recover more than other creditors like the United Auto Workers.

President Barack Obama on Thursday chastised the funds for seeking an "unjustified taxpayer-funded bailout" after Chrysler and his auto task force cleared the company's other hurdles, including the Fiat deal and a cost-cutting pact that the UAW ratified this week.

Chrysler's bankruptcy filing is the latest step in a drastic reordering of the American auto industry, which has been crushed by higher fuel prices, the recession and customer tastes that are moving away from the gas-guzzling SUVs that were once big money makers.

The government already has sunk about $25 billion in aid into Chrysler and GM.

GM faces its own day of reckoning on June 1, a date the administration has set for it to come up with its own restructuring plan. GM has announced thousands of job cuts, plans to idle factories for weeks this summer and has even offered the federal government a majority stake in the company as it races to meet the deadline.

Like at Chrysler, debt may be the stumbling block. GM has asked its unsecured bondholders to exchange $27 billion of debt for a 10 percent stake in the automaker. The creditors balked, saying that would leave them with just pennies on the dollar and that they deserve a majority stake if they give up their claims.

© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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  • Public Discussion (15)
Andromeda-510639

An army of attorneys (how surprising), how much are they going to "milk" out of this process; after all the government teat is huge? At $325 or more an hour we'll end up seeing more money going to legal fees then we will to creditors - Attorneys $1,000,000,000 Chrysler Creditors $1,000. Again, the struggling worker gets the shaft and everyone else the elevator.

  • 3 votes
Reply#1 - Fri May 1, 2009 11:48 AM EDT
hvymtl83

That's not how it works dude. The company pays its attorney and the creditors pay theirs out of what they receive. Usually done on a percentage for the creditors and flat fee for the co. Probably a couple hundred K per. Suggest you educate yourself before you pop off.

    #1.1 - Fri May 1, 2009 1:47 PM EDT
    Andromeda-510639

    I understand how it works, I work with lawyers daily; and I assure you, they will "milk" the process, no matter where payments comes from; in the end, the attorneys reap substantial rewards. Now, besides being made aware that companies pay attorneys and creditors pay their attorneys (actually this was no revelation), what sources do you suggest I seek out to educate myself?

      #1.2 - Fri May 1, 2009 2:18 PM EDT
      Reply
      Craig19

      Let me see if I understand this whole auto maker situation. GM will be owned 50% by the government and 40% by the union. Oh boy that will make me buy a chevy. Chrysler files for bankruptcy and merges with one of the worst cars ever made.

      Fix

      It

      Again

      Tony!

      Do you get the feeling that there is a deliberate attempt to fulfill Kruschev's prophecy of burying America without firing a shot?

      • 2 votes
      Reply#2 - Fri May 1, 2009 11:56 AM EDT
      Andromeda-510639

      Self-fulfilling prophesy, no less. If Kruschev could only see us now.

      • 1 vote
      #2.1 - Fri May 1, 2009 12:31 PM EDT
      Vinews

      Fiat has engine technology that Chrysler has never imagined to be possible. See MultiAir and smile, dude. Fiat will send to you a lot of engines, you have only to put them in a box with 4 wheels and that's it.

      • 1 vote
      #2.2 - Fri May 1, 2009 7:07 PM EDT
      Reply
      Z00CREW

      I have a problem with a United States of America president whom authorizes a company into bankruptcy so that the company doesn't have to pay its bills. And then forces same company to merge with another foreign company. Another piece of americana is gone.

      Damn, why doesn't the IOTUS authorizes me into bankruptcy?? I would love to not have to pay my bills. Why did IOTUS authorize this banckruptcy???? Because the companies that are owed money "wouldn't play ball". Debtors aren't required to "play ball". A little curtousy would definitely go along way, and a total forgiveness of a debt is ridiculous.

      This president of the United States of America is dooming our country to hell in a handbasket.

      How do we start getting our country back??

      AND now congress is trying to legislate credit card company actions. Why the hell is the American public letting congress go down this road?? WE all know that the credit card companies are greedy as hell, but we should not be letting congress deal with this abhoration, we should be doing it ourselves.

      I am a single person, but I am getting rid of all the credit cards and am using cash or my bank debit card. If I can't afford it, I save for it or just don't buy it.

      • 1 vote
      Reply#3 - Fri May 1, 2009 12:44 PM EDT
      Vinews

      How do we start getting our country back?? Ask Bush for that, I hope he knows that.

        #3.1 - Fri May 1, 2009 7:12 PM EDT
        Reply
        Z00CREW

        My apologies,

        But I believe lawyers for the lenders should fight until the very end and I pray that they win in court!! And when they win, I pray the judge makes the losing side pay the attorney's fees. Hell, they are taking our tax dollars anyway. Wouldn't that put another feather in the great Obama's hat!!!

          Reply#4 - Fri May 1, 2009 12:51 PM EDT
          Andromeda-510639

          A great deal of hypocrisy pervades this country as well as a whole “slew” of double standards; seems amplified under this administration.

          I think the credit card company dress down was a P.R. move, part of the image building that is so important to the Obama crew. But I agree, he and his cronies should stay out of the affairs of the private sector; putting companies in bankruptcy, dictating terms of operations and procedures to corporations, interfering in human resource policy, is appalling; absolutely true, our country is en route to hell in a handbasket.

            Reply#5 - Fri May 1, 2009 12:55 PM EDT
            adamm

            Geez, good thing they got to burn through a few billion taxpayer dollars before the inevitable. How's it going over at Ford again?

              Reply#6 - Fri May 1, 2009 1:12 PM EDT
              nohandouts

              Score: UAW - 1...the rest of America - 0

              I guess the $400 mill given to buy Obama was well spent for them.

                Reply#7 - Fri May 1, 2009 1:49 PM EDT
                Apples

                About time.. they should have declared backrupsy ages ago!

                  Reply#8 - Fri May 1, 2009 1:55 PM EDT
                  boring blagovitch

                  great, hope they go bankrupt!!

                    Reply#9 - Fri May 1, 2009 2:09 PM EDT
                    warren4321Deleted
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