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    Managing sales to “automotive” customers
    2008-12-15

    Extending credit to risky customers in the automotive industry has increasingly required active and careful management of the prospective sale and the account receivable to assure payment. The news of GM’s, Ford’s and Chrysler’s financial condition, and any likely affect of their bankruptcy on its suppliers, has changed the definition of “credit risk” to include otherwise traditionally “credit-worthy” customers that operate in financially-uncertain industries.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Contractual term, Public company, Bankruptcy, Option (finance), Debt, Credit risk, Supply chain, Leverage (finance), Ford Motor Company, General Motors, Chrysler, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Recent significant commercial bankruptcy filings
    2009-03-03

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    AUTOMOTIVE

    Saab files for reorganization in Sweden as General Motors Corp. ends support.  

    BROADCASTING  

    Young Broadcasting, affiliates restructure through Chapter 11; operations to continue.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Limited liability company, Subsidiary, General Motors, Title 11 of the US Code
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    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, US Department of Energy, United Automobile Workers, General Motors, European Investment Bank, Chrysler
    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, Form 10-K, 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
    Bankruptcy in the auto industry: tips to protect your company
    2009-04-07

    While uncertainties loom around the auto industry, suppliers and OEMs can try to prepare for the road the lies ahead.

    Filed under:
    USA, Insolvency & Restructuring, Bricker & Eckler LLP, Bond (finance), Bankruptcy, Letter of credit, Credit (finance), Dividends, Accounts receivable, Supply chain, Bailout, Troubled Asset Relief Program, US Federal Government, General Motors, Chrysler, Title 11 of the US Code, Uniform Commercial Code (USA)
    Authors:
    Andria M. Beckham
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Danger signs ahead - preparing to take action when automotive customers file bankruptcy
    2009-04-27

    As has been reported and rumored for many weeks, the bankruptcy filing for either GM or Chrysler, or both companies, is clearly one of the potential destinations on the road ahead. For certain parts suppliers who can take advantage of guarantees under the Auto Supplier Support Program recently announced by the U.S. Treasury Department, the news of a bankruptcy filing may feel somewhat less dire, except with respect to the likely disruption and fall off of future business.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Supply chain, Subsidiary, US Department of the Treasury, General Motors, Chrysler, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    GM seeks to convert Treasury debt to equity; UAW encourages rejection of GM restructuring plan
    2009-05-06

    Yesterday, in a filing with the Securities and Exchange Commission, General Motors announced that it is currently attempting to restructure debt held by the U.S. Treasury Department. Under a current proposal, GM would convert at least 50% of its debt held by the U.S. Treasury Department into common shares. As a result of the conversion Treasury would hold greater than 50% of GM’s common shares.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Shareholder, Data, Debt, US Securities and Exchange Commission, European Commission, US Department of the Treasury, United Automobile Workers, General Motors
    Authors:
    Ian Grant
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Protecting yourself from automotive industry reorganization efforts
    2009-05-06

    The Chapter 11 bankruptcy filing by Chrysler, LLC and its affiliates, as well as General Motors' struggle to reach an out-of-court reorganization with its creditors, is likely to create a ripple effect that could cause all tiers of the automotive supply chain as well as businesses connected to the supply chain to stretch payables or seek their own bankruptcy protection.

    Filed under:
    USA, Insolvency & Restructuring, Porter Wright Morris & Arthur LLP, Bankruptcy, Limited liability company, Supply chain, General Motors, Chrysler
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    General Motors bankruptcy - critical deadlines have been set for suppliers to General Motors
    2009-06-03

    On June 1, 2009, General Motors Corporation (“GM”) filed for Chapter 11 bankruptcy protection in the Bankruptcy Court of the Southern District of New York (the “Court”). Pursuant to numerous first day motions filed by GM, the Court has entered various orders relating to the administration of this bankruptcy proceeding. Of particular significance to GM’s suppliers are the following:

    1. Deadlines Relating to the Assumption of Supplier Contracts.

    Filed under:
    USA, New York, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Contractual term, Bankruptcy, Supply chain, Precondition, Bill of lading, General Motors, Chrysler, United States bankruptcy court
    Authors:
    Gary D. Santella , Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd

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