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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
    Chrysler files for Chapter 11 bankruptcy protection and begins restructuring
    2009-05-03

    On Thursday, under pressure from the Obama administration, Chrysler and 24 of its wholly owned U.S. subsidiaries filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Southern District of New York. None of Chrysler’s Mexican, Canadian or other international subsidiaries are part of the filing.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Libor, Debtor, Health insurance, Debt, Secured loan, Pro rata, US Federal Government, United Automobile Workers, Pension Benefit Guaranty Corporation, Chrysler, United States bankruptcy court
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GM auditor opinion expresses doubts about "going concern"
    2009-03-07

    On Thursday, General Motors Corporation (GM) filed its Annual Report on Form 10-K with the Securities and Exchange Commission which notably included an opinion of its auditors on its financial statements in which the auditors stated that GM’s “recurring losses from operations, stockholders’ deficit, and inabili

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Audit, Cashflow, Subsidiary, US Securities and Exchange Commission, European Commission, US Congress, General Motors, Chrysler
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Ford announces debt restructuring initiatives
    2009-03-06

    On Wednesday, Ford Motor Co.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Wage, Credit (finance), Interest, Beneficiary, Debt, Adoption, Bail, Debt restructuring, Ford Motor Company, United Automobile Workers, General Motors, Chrysler, Chief executive officer
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GM and Chrysler submit restructuring plans and request additional government assistance
    2009-02-18

    As required by the terms of the emergency assistance provided by Treasury last December, General Motors Corp.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Debtor, Accounts receivable, EBITDA, US Federal Government, United Automobile Workers, General Motors, Chrysler
    Location:
    USA
    Firm:
    Alston & Bird 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

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