Sunday, June 28, 2009

Creative tax plan key to triumph at GM's Orion Township plant


Setting up a war room in Lansing. Monitoring Tennessee newspapers for clues. Joking about arm wrestling with the governor of Wisconsin in front of President Barack Obama.
These are just some of the elements that went into the nearly monthlong battle led by Gov. Jennifer Granholm to save General Motors Corp.'s Orion Township assembly plant, preserving 1,200 jobs.
While Michigan did have advantages, such as a large pool of parts suppliers, GM's home state wasn't given any special treatment over Tennessee and Wisconsin, which also were vying to build new small cars. The competition boiled down to 12 key business factors....More
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Thursday, June 25, 2009

GM gets go-ahead on bankruptcy financing


NEW YORK – General Motors Corp. won approval today to use up to $33.3 billion to pay for its bankruptcy today, after making a few changes to settle technical objections.

The step marks another major milestone in GM’s dash through bankruptcy court, which it and Obama's auto industry task force hope to complete with the creation of a new, government-owned GM by the end of the month.
The financing was approved by U.S. Bankruptcy Judge Robert Gerber in a matter of minutes after Harvey Miller, GM’s lead bankruptcy attorney, said the company had made some small changes to settle concerns of creditors and local governments.

About $30.1 billion of the money comes from the U.S. Treasury, with the additional money coming from the Canadian government.

The U.S. Treasury also added a clause that Gerber accepted stating it was legal for the government to pay for GM’s bankruptcy using money from the $700-billion financial industry bailout. That had been a legal objection raised unsuccessfully by Chrysler LLC investors opposing its bankruptcy plan.
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Chrysler Asks Court To Force TRW Automotive To Supply Parts


DETROIT -(Dow Jones)- Chrysler Group LLC warned Thursday that a parts supplier dispute may force the auto maker to scuttle plans to resume production at all of its U.S. assembly plants Monday.

The auto maker has filed suit to force TRW Automotive Inc. (TRW) to honor its agreements and deliver a variety of parts - including child seat tethers, air bags and steering columns - to its plants, according to a court filing. The parts are used in the assembly of its Chrysler, Dodge and Jeep products.

TRW, based in Livonia, Mich., failed to notify Chrysler in writing by Tuesday that parts will continued to be delivered. The missed deadline triggered the filing of the complaint on Wednesday.

"Chrysler will be unable to operate many of its plants, causing thousands of people to lose their jobs and causing Chrysler substantial economic loss," the company said in its complaint. "For the same reasons, the public interest strongly favors issuance of an injunction."

The lawsuit highlights the importance suppliers play in the viability of car makers. The possibilities for disruptions in the flow of parts are expected to intensify as more U.S. parts makers file for bankruptcy protection amid the continued drop in demand.

Chrysler has been more aggressive with suppliers than its competitors. Last year it pulled contracts from Plastech Engineered Products Inc. over concerns of the company's financial status. Plastech subsequently filed for bankruptcy and later liquidated.

The auto maker wants a preliminary and permanent injunction directing TRW to take all steps necessary to comply with the auto maker's parts delivery schedule. The auto maker is also seeking legal fees and other costs. A court date hasn't yet been set, and the company didn't disclose how many plants could be affected.

The only signs of dispute between TRW and Chrysler were in May during the auto maker's bankruptcy process. Chrysler, which merged its assets with Italian auto maker Fiat SpA (FIATY), estimated it owed TRW about $27 billion in parts costs. TRW said the estimate was too low.

A TRW spokesman couldn't immediately be reached for comment. A Chrysler spokesman had no additional comment.
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Friday, June 12, 2009

Fiat takes the wheel at Chrysler


The Associated Press

DETROIT — Italy’s Fiat is the new owner of most of Chrysler’s assets, closing a deal Wednesday that saves the troubled U.S. automaker from liquidation and places a new company in the hands of Fiat’s CEO.

The deal clears the way for a new, leaner Chrysler Group LLC to emerge from bankruptcy protection minus billions in debt, 789 underperforming dealerships and burdensome labour costs that nearly sank the storied automaker.

Fiat CEO Sergio Marchionne immediately was named CEO of the new company, which said in a statement that it would soon reopen Chrysler factories in the United States and Canada that were idled during the bankruptcy process, costing the automaker US$100 million per day.

The new company will focus on smaller vehicles, areas in which Chrysler was weak.

"Work is already under way on developing new environmentally friendly, fuel-efficient, high-quality vehicles that we intend to become Chrysler’s hallmark going forward," the new company said in a statement.

The Italian automaker won’t put any money into the deal but will give Chrysler billions of dollars worth of small car and engine technology.

"We intend to build on Chrysler’s culture of innovation and Fiat’s complementary technology and expertise to expand Chrysler’s product portfolio both in North America and overseas," Marchionne said in a statement.

The Chrysler restructuring involved billions of dollars in financial aid from the U.S., Canadian and Ontario governments as well as labour, pension and other cost concessions from the United Auto Workers and Canadian Auto Workers unions.

In Ottawa, Canadian Industry Minister Tony Clement welcomed the sale and emergence of Chrysler from bankruptcy restructuring "in a timely and efficient manner."

"The government of Canada is confident that we will see a competitive Chrysler Canada Inc. that will produce and sell Canadian-made cars and will continue to play an important role in the company’s North American operations," Clement said in a release.

"A restructured Chrysler is good news for the Canadian auto parts supply chain and for Canadian consumers. The company can now focus on producing top quality vehicles that consumers want.

"Moving forward, the government of Canada will continue to work toward strengthening our country’s auto industry, while exercising rigorous oversight over the use of taxpayer money."

The sale to Fiat SpA marks a victory for the Obama administration, which shepherded Chrysler into bankruptcy protection April 30 with the hope that the company would emerge in a matter of months with a new partner.

Marchionne immediately made management changes, including the appointment of vice-chairman and president Jim Press as deputy CEO and adviser to help with the management transition.

Press, formerly top U.S. executive for Toyota Motor Corp., joined Chrysler shortly after it was taken over in 2007 by private equity firm Cerberus Capital Management LP.

In a statement, Marchionne said the organization will be designed to give leaders broad control and increase the speed of decision making.

Chrysler CEO Bob Nardelli bid employees farewell in an email obtained by The Associated Press, while vice-chairman Tom LaSorda already has retired.

Marchionne, in an email to Chrysler employees Wednesday, expressed confidence that Fiat will be able to turn Chrysler around.

He wrote that he stepped into a similar situation five years ago at Fiat, which at the time was perceived as a failing, bureaucratic automaker that made low-quality cars.

Yet most of the people capable of remaking Fiat were there all the time, he wrote.

"We have remade Fiat into a profitable company that produces some of the most popular, reliable and environmentally friendly cars in the world," he wrote.

"We created a far more efficient company while investing heavily in our technologies and platforms. And, importantly, we created a culture where everyone is expected to lead. We can and will accomplish the same results here."

On Tuesday, Chrysler won its battle to erase its secured debt after the Supreme Court declined to rule on objections to the sale to Fiat from a trio of Indiana pension and construction funds.

The Indiana funds, which hold less than one per cent of Chrysler’s US$6.9 billion in secured debt, claimed the sale unfairly favours Chrysler’s unsecured stakeholders such as the union ahead of secured debtholders like themselves.

Supreme Court Justice Ruth Bader Ginsburg decided Monday to delay the sale while studying the appeals.

But on Tuesday, the court turned down the opponents’ last-ditch bid by declining a hearing on the appeals.

Also on Tuesday, Judge Arthur Gonzales approved Chrysler’s motion to terminate 789 of its dealer franchises, or about 25 per cent of its dealer base.

Many of those dealers closed their doors for good on Tuesday, though some will continue to sell used cars or other brands.

Chrysler has maintained that the closures are a necessary part of its plan to cut costs.

Press told a Senate committee that the poor performance of many of the dealers slated to lose franchises costs the company $1.5 billion in lost sales each year, along with $150 million in advertising and marketing costs and $33 million in administrative costs.

The dealers had argued that they cover their own costs and little would be gained by terminating their franchises.

Chrysler lawyers said the automaker would extend until Monday its program to help the affected dealers send any unsold vehicles to stores that will remain open.

Chrysler’s swift passage through about five weeks of bankruptcy proceedings was helped by the involvement of the Obama administration’s auto task force, which provided billions in financing and helped negotiate a deal with the company’s stakeholders.

Under the agreement brokered in the days leading up to Chrysler’s Chapter 11 filing, Fiat will receive up to a 35 per cent stake in the automaker in exchange for sharing the technology Chrysler needs to create smaller, more fuel-efficient vehicles.

The United Auto Workers union will get a 55 per cent stake that will be used to fund its retiree health care obligations, while the U.S. and Canadian governments will receive a combined 10 per cent stake.
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Monday, June 8, 2009

Chrysler sale to Fiat appealed


Indiana pension funds group asks Supreme Court to block deal

David Shepardson / Detroit News Washington Bureau

Washington -- Lawyers for a group of Indiana pension funds have filed a long-shot emergency appeal with the U.S. Supreme Court seeking to block a deal that would allow Chrysler LLC's emergence from bankruptcy, which could come as early as today.

The appeal came a day after a three-judge panel of the U.S. Court of Appeals in New York approved the sale of Chrysler's "good" assets from bankruptcy to form a new company, Chrysler Group LLC. That firm will be majority owned by a United Auto Workers' health care trust fund. Fiat SpA, which will own 20 percent, will be able to acquire another 15 percent of Chrysler by meeting three benchmarks and will not have to put up any money for its stake. Fiat's CEO Sergio Marchionne will be CEO of Chrysler as well.

In a 39-page appeal filed before midnight Saturday, lawyers for the pension funds wrote: "The negative economic consequences of permitting an unlawful sale to proceed may well over time dramatically outweigh Chrysler's short-term harm. The public is watching and needs to see that, particularly when the system is under stress, the rule of law will be honored and an independent judiciary will properly scrutinize the actions of the massively powerful executive branch."

The petition was referred to Justice Ruth Bader Ginsburg, who handles emergency appeals for the 2nd Circuit. She can rule on the matter herself or refer it to the entire Supreme Court. Five of the nine justices would need to vote to hear the appeal and extend a stay blocking Chrysler's sale. By late Sunday evening, the court had not yet ruled.

The Indiana funds hold $100 million of Chrysler's $6.9 billion in secured debt. The funds cover about 100,000 workers and retirees in Indiana.

The U.S. Appeals Court on Friday upheld a May 31 bankruptcy court ruling clearing the way for the sale of most of Chrysler's assets to a group including Fiat and the UAW's health care trust fund. The UAW fund will hold a 55 percent stake, while the U.S. and Canadian governments will hold 10 percent. Fiat has the right to withdraw from the deal if Chrysler hasn't exited bankruptcy by June 15.

The appeals court gave creditors until 4 p.m. today to convince the Supreme Court to hear the case. If not, Chrysler could close on its sale soon afterward.

Much of the Indiana pension funds' arguments against the sale rely on internal e-mails between Chrysler and members of the Obama auto task force, which showed the overarching role of the government in pushing Chrysler into bankruptcy and directing the carmaker's actions ahead of the filing.

Legal experts said the creditors have a high hurdle to vault, since the High Court accepts just a fraction of the cases it receives -- and even fewer emergency cases for review.

But the case would represent the first time the court could rule on the legality of the $700 billion Troubled Asset Relief Program, the Wall Street bailout fund that Congress approved last fall. The creditors have challenged the use of the funds for automakers.

The Treasury Department agreed to pay off secured creditors of Chrysler with $2 billion in cash for $6.9 billion in debt -- or about 29 cents on the dollar.

The Indiana funds purchased the debt at an average price of 43 cents on the dollar -- meaning they would lose roughly $13 million on their $42 million investment.
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Friday, June 5, 2009

Dealers Fight Chrysler Franchise Cuts in Court


NEW YORK, June 4 -- Eldon Palmer was preparing for a grand opening of his upgraded Chrysler dealership -- a $3.2 million project he pursued at the automaker's urging -- when the letter came.

In formal language that seemed to belie their 52-year business relationship, Chrysler informed Palmer that his Indiana dealership, along with another he runs, would be among the 789 dropped as the automaker seeks to emerge from bankruptcy as a new leaner, healthier company.

"We were ready to roll," said Palmer, recounting the millions he has spent over the past two years expanding his Chrysler brands and putting them under one roof in a new facility. He had done so, Palmer added, at the request of Chrysler, which was trying to establish a more efficient dealership network.

One after another, Chrysler dealers slated for closure took the witness stand Thursday in a federal bankruptcy courthouse in Lower Manhattan. Some openly wept.

Chrysler, which plans to emerge from bankruptcy as a new company led by Italian automaker Fiat, is seeking court approval to terminate agreements with roughly a quarter of its dealerships. Thursday's hearing is to be followed by oral arguments Tuesday, after which U.S. Bankruptcy Judge Arthur J. Gonzalez will rule.

Chrysler executives have said that whittling down a bloated dealer network was necessary to be more competitive with foreign manufacturers. The executives said the company used business criteria such as sales productivity and customer service satisfaction to determine which dealers to cut. Chrysler also wants to bring its three product lines -- Chrysler, Dodge and Jeep -- under one dealership roof.

During cross-examination by a Chrysler attorney, Palmer acknowledged that his dealership met a mere 37 percent of its sales target for 2008. "It was embarrassing," Palmer said, in part blaming the poor showing on the condition of the building he purchased, which he has since renovated. "It is a beautiful facility now.

Larry Crain, a dealer in Little Rock, told a similar story, saying he invested in expanding his product offering at the encouragement of Chrysler. And like many others, Robert Melvin, a Nevada dealer, testified that he bought more cars from the company in recent months at the request of executives as Chrysler, faced with plunging sales, tottered on the brink of bankruptcy with insufficient cash flow.

He received a rejection letter last month. To his dismay, Melvin added, he received a shipment of more cars from Chrysler last week.

Despite the dealers' pleas, bankruptcy experts said the dealers have an uphill legal battle. In bankruptcy proceedings, companies have more leverage to ignore state franchise laws that protect dealers. And even if the dealers succeed in preserving their dealership agreements, the nature of the Chrysler case complicates the dealers' battle.

Chrysler is seeking to sell most of its assets to a new company led by Fiat, but the dealer contracts are with the "old" Chrysler that is being liquidated.

"It's a long shot," said Scott Van Meter, managing director of LECG, a consulting firm.

Furthermore, in an opinion approving the sale this week, Judge Gonzalez noted that the underlying argument of many opposing the transaction is the desire to have the government protect every stakeholder from economic loss -- not just those that the government perceives as being essential to the survival of a successful new Chrysler.

"For example, any dealership rejection that is approved will cause hardship to the particular dealership involved but may well be necessary if New Chrysler is to survive," Gonzalez wrote.
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GM News-AP Source: GM to sell Saturn brand to Roger Penske


DETROIT – A person briefed on the deal says General Motors Corp. will sell its Saturn brand to former race car driver and dealership chain owner Roger Penske.

GM has scheduled a 9 a.m. EDT conference call with Saturn General Manager Jill Lajdziak. The person briefed on the deal said Penske will be on the call.

Penske has said his company, Penske Automotive Group Inc. of Bloomfield Hills, Mich., is interested in the Saturn brand.

The person briefed did not want to be identified because it has yet to be made public.
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Tuesday, June 2, 2009

GM, Ford, Chrysler U.S. Sales Fell Less Than Estimates in May


June 2 (Bloomberg) -- General Motors Corp., Ford Motor Co. and Chrysler LLC posted U.S. May sales that fell less than analysts’ estimates as shoppers returned to showrooms, while Toyota Motor Corp. and Honda Motor Co. did worse than expected.

GM said today that U.S. deliveries tumbled 30 percent, and Chrysler dropped 47 percent. Ford, the only major U.S. automaker not in bankruptcy, had a 24 percent decline. Toyota’s sales plunged 41 percent, and Honda plummeted 42 percent. Nissan Motor Co. fared better than estimates, falling 33 percent.

The results showed the industry benefited from the biggest jump in six years in the Conference Board’s consumer sentiment index. May marked Chrysler’s first month of sales after its April 30 bankruptcy and the countdown to GM’s Chapter 11 filing yesterday.

“There’s no doubt; it’s progress,” said Gary Dilts, senior vice president of research firm J.D. Power & Associates in Troy, Michigan. “If you are going to see some uptick, you want to see it in May, June, July” when sales usually peak.

Analysts expected GM to be down 37 percent, based on a Bloomberg survey of 5 analysts, while Ford was projected to be off 29 percent and Chrysler off by 51 percent. Toyota’s decline was estimated to be 40 percent, based on 3 estimates, and Nissan and Honda were projected to decline 37 percent and 38 percent...more
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Monday, June 1, 2009

Bankruptcy Judge Ok's The Sale Of Chrysler To Fiat


A bankruptcy judge approved the sale of substantially
all of U.S. automaker Chrysler's assets to a group led by
Italy's Fiat SpA(FIA.MI) in an opinion filed late on Sunday. Chrysler's bankruptcy, also financed by the U.S. Treasury,
has been widely seen as a test run for the much bigger and more
complex reorganization of GM. The GM plan as detailed by U.S. officials is for a quick
sale process that would allow a much smaller GM to emerge from
court protection in as little as 60 to 90 days. "Now the hard part begins, which is making GM and Chrysler
competitive.
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General Motors Corp will file for bankruptcy


DETROIT/WASHINGTON, June 1 (Reuters) - General Motors Corp
(GM.N) will file for bankruptcy later on Monday, U.S. officials
said, forcing the 100-year-old automaker once seen as a symbol
of American economic might and dynamism into a new and
uncertain era of government ownership. The planned filing, confirmed by Obama administration
officials, would be the third-largest in U.S. history and the
largest-ever U.S. manufacturing bankruptcy. The decision to push GM into a fast-track bankruptcy, and
provide $30 billion of additional taxpayer funds to restructure
the automaker is a huge gamble for the Obama presidency. But in a sign of progress in the government's high-stakes
effort, a bankruptcy judge approved the sale of substantially
all of U.S. automaker Chrysler's assets to a group led by
Italy's Fiat SpA(FIA.MI) in an opinion filed late on Sunday. Chrysler's bankruptcy, also financed by the U.S. Treasury,
has been widely seen as a test run for the much bigger and more
complex reorganization of GM. The GM plan as detailed by U.S. officials is for a quick
sale process that would allow a much smaller GM to emerge from
court protection in as little as 60 to 90 days. "Now the hard part begins, which is making GM and Chrysler
competitive. If they don't do that, then we'll be doing this
all over again in a few years," said Christopher Richter, auto
analyst at CLSA Asia-Pacific Markets in Tokyo. "The immediate implication is that the companies are going
to get smaller and so market share is up for grabs, which means
that rivals like Toyota (7203.T), Honda (7267.T), Nissan
(7201.T) and Hyundai (005380.KS) are going to gain share." LIFELINE Since the start of the year, GM has been kept alive with
U.S. government funding as a White House-appointed task force
vetted plans for a sweeping reorganization that will be
undertaken with $50 billion in government financing. By preparing to take a 60 percent stake in a reorganized
GM, the Obama administration is gambling that the automaker can
compete with the likes of Toyota Motor Corp after its debt is
cut by half and its labor costs are slashed under a new
contract with the United Auto Workers union. The governments of Canada and the province of Ontario
agreed to provide another $9.5 billion to GM in a late addition
to the plans for the bankruptcy that have been taking shape for
weeks, U.S. officials said. [ID:nN31418487] GM plans to close 11 U.S. facilities and idle another three
plants. It has not provided an updated target for job cuts but
had been looking to cut 21,000 factory jobs from the 54,000 UAW
workers it now employs in the United States. The UAW would have a 17.5 percent stake in the "new GM."
The Canadian government would own 12 percent stake and GM
bondholders would get 10 percent. RELUCTANT INVESTOR Officials involved in the planning for GM said the White
House was a "reluctant investor" in GM but had to prevent a
liquidation that analysts say would have cost tens of thousands
of jobs at a time when the economy is mired in recession. GM alone employs 92,000 in the United States and is
indirectly responsible for 500,000 retirees. "We want a quick, clean exit as soon as conditions permit,"
Treasury Secretary Timothy Geithner told students at Peking
University in Beijing. "We're very optimistic these firms will
emerge without further government assistance." Analysts said that while there were large risks to the
Obama administration's approach, it had at least succeeded in
pulling GM back from the brink of collapse. [ID:nN31400726] "I think they have a much greater chance of emerging as a
healthy company now than they did just six months ago," said
Aaron Bragman, an analyst at IHS Global Insight. "Nobody gave
them any possibility of emerging as a whole company." President Barack Obama is due to speak on the auto industry
shortly before noon Eastern time on Monday. A news conference
by GM Chief Executive Fritz Henderson will follow. U.S. officials said there was no plan to provide any
further funding for GM and insisted that all of the Detroit
Three could survive. Ford Motor Co (F.N) has not sought
emergency federal aid. "We do believe, and completely endemic in the president's
decision, was a belief that this country can support three
domestic successful viable auto companies," a senior Obama
administration official said. In the case of GM, the goal of restructuring is to allow it
to return to profitability if U.S. industry-wide auto sales
recover even slightly to near 10 million on an annual basis. Until now, GM had counted on a recovery to the
16-million-unit mark the industry last saw in 2007 in order to
stop losing money, officials said. Even if GM and Chrysler emerge swiftly from bankruptcy this
summer, the autos task force will stay in business -- shifting
to an investment management role. Senior administration officials said on Sunday there was
plenty to keep the task force staff busy, monitoring the
government's stake of about 60 percent of GM, and less than a
10 percent stake in Chrysler. [ID:nN31418995] The task force is led by Wall Street investment banker
Steven Rattner and labor negotiator Ron Bloom, and includes top
White House adviser Lawrence Summers and U.S. Treasury
Secretary Timothy Geithner. CAREFULLY ORCHESTRATED FAILURE GM's bankruptcy is the most carefully orchestrated Chapter
11 filing in the history of American business. The automaker's final descent started with President George
W. Bush administration's emergency aid announcement on Dec. 19
and accelerated in late March when the new Obama government
gave it 60 days to restructure. While the "new GM" is expected to emerge quickly from court
protection, its shuttered plants, stranded equipment and other
spurned assets would be left to liquidation in bankruptcy. Al Koch, a managing director at advisory firm AlixPartners
LLP, will be appointed chief restructuring officer in charge of
liquidating those GM assets. [ID:nN31395352] A veteran restructuring adviser, Koch has had prominent
roles in Kmart Corp's restructuring and other turnarounds. Over the weekend, GM won support from investors
representing 54 percent of its $27 billion in bondholder debt
offered their support for the U.S. government's plans.
[ID:nN31329833] Bondholders could take up to 25 percent of GM if it
recovers to be worth what it was in 2004. The bondholders' support does not ensure court approval but
gives the company an important symbolic victory that bankruptcy
experts and analysts say will help GM's case. In the past week, GM has also concluded an amended
agreement with the United Auto Workers union under which the
UAW will receive a 17.5 percent in a restructured company and
other debt and preferred stock instead of $20 billion in cash. Founded in 1908, GM rose to dominate the U.S. and global
auto industries under the stewardship of pioneering chief
executive Alfred Sloan, who famously pledged that the automaker
would deliver "a car for every purse and purpose." By the mid-1950s, at the peak of its success, GM had some
514,000 employees. It accounted for about half of U.S. car
production and its sales were twice as large as the No. 2
corporation, Standard Oil. GM's stock fell to 75 cents on Friday, a level last seen
during the Great Depression on what was expected to be its last
trading day before bankruptcy.
(Additional reporting by David Bailey, Soyoung Kim, David
Lawder, John Crawley, Walden Siew and Tom Hals; Editing by
Patrick Fitzgibbons and Ted Kerr)
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