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    Second Circuit expands scope of permissible sales of assets in Chapter 11 pursuant to Section 363 of the Bankruptcy Code
    2009-08-19

    As is now well known, General Motors, Inc. and Chrysler LLC financially restructured themselves with the help of the United States Treasury. These restructurings occurred very quickly – Chrysler and GM each filed for bankruptcy and sold substantially all of their automobile-producing assets to newly created companies2 within approximately forty days. Each company used the bankruptcy process to massively deleverage and free itself from personal injury liability claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Wage, Bankruptcy, Debtor, Liability (financial accounting), US Department of the Treasury, United Automobile Workers, General Motors, Chrysler, Second Circuit, Third Circuit
    Authors:
    Peter M. Friedman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Senate and House committees hold more hearings on current condition of US auto industry
    2008-12-06

    This week, the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Financial Services held a second round of hearings, as a follow-up to the hearings held

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Credit default swap, Bridge loan, US Congress, Ford Motor Company, Government Accountability Office, US House Committee on Financial Services, United Automobile Workers, US Senate Committee on Banking, Housing and Urban Affairs, Chrysler, Chief executive officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Congressional Oversight Panel releases report on use of TARP funds to reorganize U.S. auto industry
    2009-09-11

    After holding a hearing on the topic this past July, the Congressional Oversight Panel (COP) released a report earlier this week entitled, “The Use of TARP Funds in Support and Reorganization of the Domestic Automotive Industry,” examining how TARP funds have been used to support and reorganize both

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Conflict of interest, Public company, Bankruptcy, Shareholder, Fiduciary, Interest, Privately held company, Due diligence, Troubled Asset Relief Program, US Federal Government, HM Treasury (UK), US Department of the Treasury, General Motors, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Subcommittee completes hearings on ramifications of auto industry bankruptcies
    2009-07-23

    Yesterday, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law concluded its series of hearings on the ramifications of auto industry bankruptcies. Testifying before the committee were:

    Panel I:

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, General counsel, Administrative law, Warranty, Title 11 of the US Code, General Motors, US House Committee on the Judiciary, Chrysler
    Location:
    USA
    Firm:
    Alston & Bird LLP
    House Subcommittee holds hearing on Ramifications of Auto Industry Bankruptcies
    2009-07-21

    Today, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law held a hearing entitled “Ramifications of Auto Industry Bankruptcies; Part II.” Testifying before the committee was Ron Bloom, Senior Advisor, U.S. Department of Treasury.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Supply chain, Liquidation, Administrative law, Troubled Asset Relief Program, US Department of the Treasury, US House of Representatives, General Motors, US House Committee on the Judiciary, Ally Financial, Chrysler
    Authors:
    Margaret English
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Geithner issues statement on the auto industry Task Force
    2009-07-13

    Today, Treasury Secretary Geithner released a statement on the Presidential Task Force on the Auto Industry.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, General Motors, Chrysler, US Secretary of the Treasury
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Supreme Court lifts temporary stay on Chrysler sale; New Chrysler purchases bulk of Chrysler Assets
    2009-06-11

    Yesterday morning, Chrysler Group LLC (formerly New CarCo Acquisition LLC), backed by Italian automaker Fiat S.p.A., acquired substantially all of Chrysler’s assets. Under the terms of the deal, a union retiree trust will initially own 55% of the new company, Fiat S.p.A. will own 20% and the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Limited liability company, Legal burden of proof, Stay of execution, US Federal Government, Chrysler
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    U.S. Supreme Court Justice Ginsburg delays sale of Chrysler assets
    2009-06-08

    This afternoon, U.S. Supreme Court Justice Ruth Bader Ginsburg issued an order extending the temporary stay placed by a federal appeals court in New York last week on the sale of Chrysler LLC’s assets to a new company, to be partially owned by Italian automaker Fiat S.p.A., to allow opponents to the sale sufficient time to seek Supreme Court review.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retirement, Troubled Asset Relief Program, Emergency Economic Stabilization Act 2008 (USA), Chrysler, SCOTUS, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bankruptcy court approves sale of Chrysler assets to Fiat S.P.A.
    2009-06-01

    Late Sunday night, U.S. Bankruptcy Judge Arthur Gonzalez approved the sale of most of Chrysler's assets to Italian Automaker Fiat S.p.A., as contemplated in the Master Transaction Agreement between the two companies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Employee stock ownership plan, Retirement, Secured loan, US Constitution, Emergency Economic Stabilization Act 2008 (USA), United Automobile Workers, Chrysler, United States bankruptcy court
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler bankruptcy judge approves GMAC as preferred lender for dealers
    2009-05-13

    Yesterday, U.S. Bankruptcy Judge Arthur Gonzalez approved a motion by Chrysler LLC requesting that GMAC LLC become the preferred lender for its dealer network, and be permitted to provide wholesale, retail and other product-related financing for Chrysler dealers and customers to purchase vehicles.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retail, Collateral (finance), Limited liability company, Consent, Preferred stock, Ally Financial, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP

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