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The Supreme Court extends a stay, saying it needs more time to consider the proposed sale to Fiat.
http://www.latimes.com/business/la-fi-c ... 6139.story
http://www.latimes.com/business/la-fi-c ... 6139.story
Some conservatives have complained loudly about the Chrysler bankruptcy, saying the Obama administration was trampling on the long-standing rights of secured creditors to give a better deal to the United Auto Workers. Under deals brokered by the Obama administration, the UAW's healthcare trust would receive 55% of the new Chrysler in exchange for much of the $10.6 billion owed to the fund by the company. Bondholders would get $2 billion in cash in exchange for the $6.8 billion they are owed.
"Upsetting this fixed hierarchy among creditors is just an illegal taking of property from one group of creditors for the benefit of another, which should be struck down on both statutory and constitutional grounds," Richard Epstein, a leading conservative legal scholar, wrote in a Forbes' article entitled "The Deadly Sins Of The Chrysler Bankruptcy."
"In a just world, that ignominious fate would await the flawed Chrysler reorganization, which violates these well-established norms, given the nonstop political interference of the Obama administration, which put its muscle behind the beleaguered United Auto Workers," Epstein said.
Rep. Jeb Hensarling (R-Texas) on Monday introduced legislation that would terminate the $700-billion Troubled Asset Relief Program, in part because some of the money had been used to bail out Chrysler and General Motors Corp. He cheered the Supreme Court's action to potentially derail the Chrysler sale to Fiat.
"I have been concerned about the fundamental constitutional issues of due process and equal protection that cry out for judicial review and fundamental issues related to a misuse of TARP funds crying out for legislative review," he said. "I am pleased that at this juncture, the court has decided to stay the proceedings and I am hopeful the court will take up the matter."