by Xinhua Writer Hu Guangyao
CHICAGO, June 7 (Xinhua) -- The U.S. automaker Chrysler LLC's creditors have decided to file a last-ditch appeal with the U.S. Supreme Court in their bid to block the company from selling its good assets out of bankruptcy court to a group headed by Italy's Fiat SpA.
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Photo taken on April 14 shows the Chrysler headquarters in Michigan, U.S.. (Xinhua File Photo) Photo Gallery>>> |
Three Indiana state pension and construction funds
filed emergency papers at the high court early Sunday.
A three-judge federal appeals court panel in New York
Friday upheld U.S. Bankruptcy Judge Arthur Gonzalez's approval to sell the
assets. The appellate court took just 17 minutes to reach a decision, but
delayed implementation of its ruling until Monday.
The Indiana State Police Pension Fund, the Indiana
Teacher's Retirement Fund and the state's Major Moves Construction Fund claim
the deal unfairly favors the interests of the company's unsecured stakeholders
ahead of those of secured debt holders such as themselves.
The government-sponsored reorganization of the U.S.
auto industry, including the Chrysler bankruptcy proceedings, "is a matter of
incredibly high profile and importance," the funds said in their request to the
high court.
"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," they said.
These fund organizations have also decided to
challenge the constitutionality of U.S. Treasury Department's use of the
700-billion-U.S.-dollar Troubled Asset Relief Program to supply Chrysler's
bankruptcy protection financing.
They say the Treasury did so without congressional
authority. But the Justice Department said the automakers were "interconnected"
to financial institutions, noting the large-scale auto lending.
According to reports, the emergency request of these
fund organizations will first go to Justice Ruth Bader Ginsburg, who handles
such matters from New York. She can act on her own or refer it to the entire
court.
U.S. Judge Arthur Gonzalez, the bankruptcy judge
overseeing Chrysler's case, approved the sale on June 1, finding that the deal
with Fiat was Chrysler's only alternative to liquidation. The appeals court
halted the sale on June 3, allowing opponents to appeal Gonzalez's decision.
Apart from a group of Indiana pension funds, dealers
whose franchises are being eliminated by Chrysler continue to fight the
closures.
Time is of the essence as the fate of terminated
Chrysler dealers is to be decided by Gonzalez Tuesday.
The appeals court judges in New York expressed
skepticism about the challengers' arguments, saying repeatedly that the
alternative was liquidation of the company.
If Chrysler is liquidated, 155,000 workers would lose
their jobs, and the U.S. economy would suffer a devastating impact, the company
attorney said.
Media reports say Chrysler is seeking to leave its
bad debts in bankruptcy, and leave with its good assets for the new tie-up with
Fiat.
On April 30, Chrysler filed for Chapter 11 bankruptcy
protection and announced a partnership with Italian automaker Fiat. On June 1,
Chrysler announced they were selling some assets and operations to the newly
formed company Chrysler Group LLC.
Under the deal, Fiat will hold a 20 percent stake in
the new company, with an option to increase this to 35 percent, and eventually
to 51 percent.
Chrysler faces a June 15 deadline, after which Fiat
could walk away from the deal to take 20 percent of the company.
U.S. automaker Chrysler seeks to close
Fiat deal
CHICAGO, June 2 (Xinhua) -- U.S. automaker Chrysler LLC,
which filed for bankruptcy protection a month ago, has asked the federal
bankruptcy judge overseeing its case to close a deal on Thursday to sell its
bankrupt assets to a new automaker in partnership with Fiat SpA, reports
reaching here said on Tuesday. Full story
Chrysler plans to close 789
dealerships
CHICAGO, May 14 (Xinhua) -- Chrysler has told a bankruptcy
court it plans to eliminate 789 of its dealers nationwide as
part of a government mandated effort to restructure its failing business, it is
reported here Thursday. Full story