Cox to carmakers: File bankruptcy here
http://www.freep.com/article/20090422/BUSINESS01/90422047/1014/Cox+to+carmakers++File+bankruptcy+here
Michigan Attorney General Mike Cox has urged chief executives of General Motors Corp. and Chrysler LLC to consider filing for bankruptcy in Michigan rather than Delaware or New York because it would be more convenient for creditors in Michigan.
"I am gravely concerned about the impact of any bankruptcy filing in a jurisdiction outside Michigan," Cox wrote in separate letters to GM CEO Fritz Henderson and Chrysler CEO Bob Nardelli.
Cox goes on to say that the financial health of both companies and Michigan have been intertwined for decades.
• PDF: Cox's letter to GM
• PDF: Cox's letter to Chrylser
The state is a significant creditor for each of the troubled automakers through the Michigan Business and Single Business Tax obligations, workers' compensation claims, unemployment insurance and environmental regulations.
"The costs for many of these creditors (in Michigan) to participate in a New York or Delaware bankruptcy is overwhelming and would undoubtedly lead to unjust bills," Cox said.
"It's easier for those people to get in line, if it's here," said John Selek, a spokesman for the attorney general.
While Cox does not say that either company should file for bankruptcy, neither does he acknowledge that they might not need to if they meet certain criteria set by the U.S. Treasury Department.
"If you ultimately decide to choose bankruptcy as the vehicle to a stronger (company), I respectfully ask that you and your representatives meet with me before any filing is made," the letter concludes. "Please feel free to contact me at any time, day or night, to discuss this matter."
Contact GREG GARDNER at 313-222-8762 or at ggardner@freepress.com.
REPORT: GM hedges bets, plans to miss $1B debt payment deadline
by Jonathon Ramsey Apr 22nd, 2009 at 3:57PM
The familiar expression goes "Better the devil you know," meaning it's preferable to deal with the nasty things you don't like but are at least familiar with. General Motors, however, doesn't seem to think so. The troubled automaker appears more ready to take its chances with bankruptcy than continue to fight the weight of monumental debt and the demands of restructuring it.
GM has a $1 billion payment due on June 1, the same day as the government-imposed deadline for having its financial house cleaned up. The company's chief financial officer has just gone on record as saying that GM does not intend to make that payment. The General will attempt another round of debt-for-equity swaps (DFE) with its bondholders, and if it succeeds - and also succeeds in restructuring $20 billion in UAW healthcare obligations - it will get money from the government to continue without bankruptcy. If the DFE doesn't meets its goals, then GM is set to go into government-backed Chapter 11, court protection and what will likely be a nearly clean slate to restart its debt negotiations.
Last week, bondholders said they were preparing a response to GM's most recent offer. The automaker says that it will do what needs to be done "in court or out of court," which means that unless the bondholders' response is "Yes," bankruptcy is a fait accompli.
