Posts Tagged ‘Chrysler’

Brokedown Palace: The Undermining of Property Rights in America

Courtesy of Client 9

ZeroHedge recently highlighted the TPG raid on CDOs.  This action puts into focus the alarming trend of the undermining of creditor rights.  When even the Courts are in on the gang bang, what hope do we have?

 

The battlefield: CDOs, mortgages, corporate debt
The players: hedge funds, management teams, elected officials, lobbyists, unions
The weapons: loopholes, new precedents, bankruptcy court, political pressure

 

 

The Chrysler debacle was stink enough, but the trend of collateral tampering is an outright stench today.  Property rights have allowed the U.S. to flourish.  They are bedrock of our economy.  They allow facilitate the spread of credit and economic growth that some other countries cannot match.

 

In Chrysler we saw legal precedent created where a *secured creditor* received less on its contracted collateral than unsecured creditors.  In one fell swoop, we saw fiduciaries abscond, “disinterested” advisors incented to rubber-stamp, and the Courts join in on the rubber stamping party (more on this later).  Most importantly, we witnessed a government that not only sanctioned this egregious behavior but astonishingly pushed for it.  The Government actually labeled those who filed objects to the deal as “terrorists” (you can’t make this up).  The Government actually vetoed Chrysler’s offer to give secured creditors additional consideration.  Our lawmakers were so involved that Chrysler’s own attorneys tried to block discovery of their communications with Washington (the attorney’s clients were Chrysler, not Washington).  We must never forget Obama’s alleged threat of using the “White House Press Core” to weaken what little opposition remained (who exactly were the terrorists?).

 

Chrysler is not the only company to pervert Chapter 11 for the purpose of disenfranchising creditors.  The briefs filed in Charter Communications are full of shenanigans.  The DIP roll-up drive-bys of 2009 rewarded handsomely those with the means to literally ‘stick up’ a Court.  Case in point: Lyondell.  Ask yourself, does a company with $27BN of assets really only realize at
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August Car Sales Sucked!

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August Car Sales Sucked!

cash-for-clunkers-obama.jpgCourtesy of Joe Weisenthal at Clusterstock

Jeez. Here we were thinking that the auto companies would come out with good numbers today, but that they’d need a big asterisk due to Cash-for-Clunkers.

But nope. They were just bad. Ford (F) missed lofty expectations, and Chrysler’s monthly sales actually showed a dip, when analysts were expecting a gain.

Cash-for-Clunkers sure was a hit, but mainly for the foreign automakers it seems.

See Also: 

France Might Extend Cash For Clunkers Into 2010

 

 


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Toyota Set To Become Top Dog In The U.S.

Courtesy of Tom Lindmark, But Then What?

Toyota Set To Become Top Dog In The U.S.

Depending upon your philosophical bent, this is either good news or another sign that the Apocalypse is Top Dog, Toyotanear.

The WSJ is reporting that Toyota is slated to take over the title as the number 1 seller of light vehicles in the U.S.

The bankruptcies of General Motors and Chrysler are changing the landscape of the auto industry. The two U.S. companies are shuttering plants, shedding dealers and reducing their product lines.

As a result, Toyota Motor will become the largest seller of light vehicles in the U.S. It has held the top spot globally since last year.

The Japanese auto maker won’t be the only beneficiary of the two companies’ woes. But in terms of status, market clout and bragging rights, Toyota will be the No. 1 winner.

Its share of the North American light-truck and car market probably will rise to around 20% from 18.4%. GM will end up in second place with 13% to 16% — with Ford hot on its tail.

Although Toyota stock doesn’t change hands directly in the U.S., the company’s American depositary shares (TM), which represent them, are listed on the New York Stock Exchange.

And, at a recent price of around $76 — about $30 below their 52-week high — they’re a good bet for long-term investors.

The Journal suggests that the stock might be a good long-term buy. They point out that analysts suggest it could hit $115 and that it hit $137 a couple of years ago. Maybe, but just a caveat. Toyota and others now have the most fearsome of competitors  – government owned companies. In the long run that probably means success for the competitors as political decisions trump business common sense. In the short run it could be formidable as the government does whatever is necessary to prove it didn’t make the stupid decision that everyone acknowledges it did.

Buy the stock at your peril.


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Property Rights Take a Hit

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In this article, Peter Schiff discusses the practical problems with a government’s abrogation of contract and property rights for some "contrived greater good." That is deeply disturbing enough but it goes further. Our Constitution gave specific powers to different branches of government to hold the powers of government in check. The loss of these checks and balances goes beyond the financial world "twilight zone" horrors unfolding before us now, it undermines the entire structure of our governance. – Ilene

Property Rights Take a Hit

By Peter Schiff, writing at LewRockwell.com

“Crony capitalism” is a term often applied to foreign nations where government interference circumvents market forces. The practice is widely associated with tin-pot dictators and second-rate economies. In such a system, support for the ruling regime is the best and only path to economic success. Who you know supersedes what you know, and favoritism trumps the rule of law. Unfortunately, this week’s events demonstrate that the phrase now more aptly describes our own country.

On Monday, the Supreme Court refused to hear an appeal from Chrysler’s secured creditors based on the government’s argument that the needs of other stakeholders outweighed those of a few creditors. In this case, the Administration concluded the interests of the United Auto Workers outweighed the interests of the Indiana teachers and firemen whose pension fund sued to block the restructuring. Given the enormous financial support that the UAW poured into the Obama campaign, such partiality is hardly surprising.

When making their investment in Chrysler just a few months ago, the Indiana pension fund agreed to commit capital because of the specific assurances received from the company. In allowing this sham bankruptcy to be crammed through the courts, we have shredded the vital principal of the rule of law, and have become a nation of men, rather than one of laws.

The risk that legal contracts can now be arbitrarily set aside will make investors think twice before committing capital to distressed corporations. Oftentimes enforcing contracts imposes hardships. That’s precisely why we have contracts.

Without absolute faith that deals will be honored, it will be extremely difficult for U.S. companies to borrow money. This will be particularly true for those companies already struggling with too much debt. Without the ability to issue secured debt,
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Auto Companies Suppliers Next In Line For A Bailout

Courtesy of Tom Lindman of But Then What?

Auto Companies Suppliers Next In Line For A Bailout

The black hole that is the auto industry needs to suck in more cash. The parts suppliers are once again lining up for federal aid.

From the WSJ:

U.S. auto-parts companies plan to ask the Obama administration for as much as $10 billion in new aid as the General Motors Corp. and Chrysler LLC bankruptcies deepen the suppliers’ troubles.

Trade groups will meet Wednesday with President Barack Obama’s auto task force at the Treasury Department to warn that hundreds of parts companies could collapse without the aid. They are mainly requesting that the government guarantee $8 billion to $10 billion in loans so banks will lend to the suppliers.

The parts companies account for more than three-quarters of auto-sector employment in the U.S., according to a Chicago Federal Reserve study, with employment of about 600,000—roughly five times as many workers as are expected to be employed by GM and Chrysler’s domestic operations once their government-subsidized restructurings are done.

Stabilizing the supply base is critical to ensuring the long-term viability of GM and Chrysler, said Neil De Koker, president and chief executive of the Original Equipment Suppliers Association.

“We could end up having all that money go to waste because they won’t be able to start up without suppliers,” Mr. De Koker said, referring to the taxpayer-funded assistance. “If there’s just one key part missing on a car, you can’t build it.”

His group, along with the Motor and Equipment Manufacturers Association, has prepared a 71-page presentation arguing that as many as 500 parts suppliers could be forced to liquidate this year. They cite several independent studies.

Make no mistake, the aid will be forthcoming. Once the government chose to go all in with the auto companies they committed themselves to preservation of the entire chain. All that remains to be seen is whether any sort of rationalization of the suppliers will take place. With a downsized GM and Chrysler there is arguably too much capacity upstream. 

This is where the Obama commitment to a hands off approach to the industry will run founder. In order to rationally allocate assistance the auto task force will have to parse the vast list of suppliers, try and make some sense of what an efficient network would look like


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More Stupidity: Obama / Chrysler

Obama, having taught Constitutional Law, it would seem, would remember this:  "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Fifth Amendment to the United States Constitution.   – Ilene

More Stupidity: Obama / Chrysler

Courtesy of Karl Denninger at The Market-Ticker


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Chrysler’s Lawyers Tell Supreme Court That A Stay Will Kill Fiat Deal

Courtesy of John Carney at ClusterStock

Chrysler’s Lawyers Tell Supreme Court That A Stay Will Kill Fiat Deal

caroffcliff.jpgChrysler’s lawyers filed a brief this morning responding to the stay applications of the pension fund creditors. The brief was written by by Thomas Cullen of Jones Day in D.C. and makes some highly explosive claims about the effects of a possible stay.

Tony Mauro of the Blog of the Legal Times describes the brief:

In light of the company’s  "fragile state and daily erosion of value," Cullen argues that a stay would mean that "the sale will not happen," and the challengers would effectively prevail — even though lower courts have upheld the sale agreement. That result would also force the company into liquidation and "cause massive harm to Chrysler and the public interest," the brief asserts.


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Chrysler’s Creditors Get Another Day In Court

Note:  Oxen Group’s Pick of the Day: DUG. Be sure to check out Oxen Group’s free daily day-trade recommendation.  Today, David’s advice is to buy DUGClick here for details.

Chrysler’s Creditors Get Another Day In Court

Courtesy of But Then What, by Tom Lindmark

It probably will amount to nothing but a federal court has agreed to hear an appeal by a group of aggrieved Chrysler creditors. Oral arguments are supposed to begin on Friday. Why does this matter? Because if the deal isn’t done by June 15, Fiat can walk.

From theWSJ:

The circuit court’s acceptance of the appeal is a small victory for Chrysler, however. Any appeals normally go first to a lower, district court. Going directly to the circuit court allows them to skip a step and speed up the process if the company prevails.

The deal must close by June 15 or Fiat can potentially walk away from the deal, Chrysler has said.

Neither Chrysler nor an attorney for the Indiana funds could be reached for comment.

The sale to Fiat was approved early Monday by the U.S. Bankruptcy Judge Arthur Gonzalez in Manhattan

He found the sale order should be heard by the U.S. Second Circuit Court of Appeals, saying that skipping the district-court level “is appropriate because this case involves a matter of public importance, and an immediate appeal may materially advance the progress of this case.”

The pension funds hold about $42 million of Chrysler’s $6.9 billion in secured debt. Secured debt is backed by the borrower’s assets and normally puts the lender at the front of the line for repayment.

The Indiana pension funds — the Indiana State Teachers Retirement Fund, the Indiana State Pension Trust and the Indiana Major Moves Construction Fund have argued the sale of Chrysler is unconstitutional, saying the plan upends the rights of senior lenders to be paid off before junior creditors.

The Indiana funds also contend that the U.S. Treasury Department doesn’t have the authority to lend bankruptcy financing under the Troubled Asset Relief Program because Chrysler isn’t a financial company.

You never know what’s going to happen once you get into the judicial system. Odds are that Chrysler prevails and everything proceeds according to schedule. But all it takes is one piece of paper, one memo or email that shouldn’t have been written and wham, bam the whole thing blows up on you.

 


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I Am Marla’s Observations On Artificial Selection In Chrysler Dealerships

I Am Marla’s Observations On Artificial Selection In Chrysler Dealerships

Ok. You fuck me, then snub me. You love me, you hate me. You show me a sensitive side, then you turn into a total asshole. Is this a pretty accurate description of our relationship, Barack? This most recent nonsense is only the latest schizoid break. As you are no doubt aware, conspiracy theories are flying to and fro suggesting that the list of dealers that would be confiscated/dissolved/appropriated/killed by Chrysler the Auto Task Force was politically generated. Most versions of this tale mention a sort of Nixon enemies list approach to dealerships and cite snippets of data on the mostly republican political contributions of closed dealerships. We didn’t really want to believe that about you. Quips like "Dealer List Targets GOP" sound like dead cats meowing to us.

Such stories interest us, but all stories involving the Chrysler travesty and the pending GM daterape interest Zero Hedge. Zero Hedge is a bathtub of squirming desire and skepticism. Yes, we think there is a lot that goes on that someone isn’t telling us (or you). Still, parsing the dealers through an enemies list to determine closures seemed entirely unlikely to Zero Hedge. If true it should (but probably wouldn’t) be the end of any administration. That sort of rank thuggery should be the end of any administration, no matter what its denomination.

Regardless, even if some sort of preference was manifesting itself, Zero Hedge doubted that an "enemies list" would be the mechanism. It does seem that Chrysler was not particularly involved in the process. That’s suspicious, but not damning without more. It is least political poison though. It is asking for trouble anytime economic decisions like this are made with tainted or potentially tainted political methods. This from Reuters citing Leonard Bellavia, of Bellavia Gentile & Associates, who represent some of the dealers being terminated: 

"It became clear to us that Chrysler does not see the wisdom of terminating 25 percent of its dealers," Bellavia said. "It really wasn’t Chrysler’s decision. They are under enormous pressure from the President’s automotive task force."

Control of the list would present the opportunity for a bit of mischief by the automotive task force. Still, Zero Hedge thought it much more likely a "crony" list would be employed, granting


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Detroit Auto Loans Get Nitrous Boost

Courtesy of Tyler at Zero Hedge

Detroit Auto Loans Get Nitrous Boost

First, it was the GM Term Loan B which benefited from hedge fund exuberance, taxpayer generosity, and the administration’s soon to be nationalization, and hit 95 earlier today after trading in the 80s on Friday, and much cheaper over the past month, as the consensus has emerged that the administration will pay off the loan at par (a bit of a change from the fulcrum security treatment at Chrysler).

Now it is Ford’s turn, whose TLB traded at 71.5 today, from a 65 bid yesterday. Not surprisingly, a major cheerleader emerged in the face of Merrill which had this to say about Ford’s TL: "We believe Ford is well positioned to benefit from the struggles at GM and Chrysler, likely picking up market share and realizing similar UAW concessions to those negotiated in Chapter 11."

Once Ford emerges as a stalking horse bidder for Good GM (or as a buyer of the government’s equity stake for $0.99), it will pick up even more market share, and will result with about 40 car lines, of which roughly 38 will be as redundant as they have been over the past 5 years.


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Phil's Favorites

Firearm-makers may finally decide it's in their interest to help reduce gun violence after Sandy Hook ruling

 

Firearm-makers may finally decide it's in their interest to help reduce gun violence after Sandy Hook ruling

The popularity of semiautomatic rifles increases the risk that mass shootings result in multiple deaths. AP Photo/Jae C. Hong

Courtesy of Timothy D. Lytton, Georgia State University

Mass shootings have become a routine occurrence in America.

Gun-makers have long refused to take responsibility for their role in ...



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Digital Currencies

Is Bitcoin a Macro Asset?

 

Is Bitcoin a Macro Asset?

Courtesy of 

As part of Coindesk’s popup podcast series centered around today’s Invest conference, I answered a few questions for Nolan Bauerly about Bitcoin from a wealth management perspective. I decided in December of 2017 that investing directly into crypto currencies was unnecessary and not a good use of a portfolio’s allocation slots. I remain in this posture today but I am openminded about how this may change in the future.

You can listen to this short exchange below:

...



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Zero Hedge

As Regulators Stonewall Libra, Facebook Rolls Out New Payment System

Courtesy of ZeroHedge

Authored by Joeri Cant via CoinTelegraph.com,

As the Libra stablecoin project continues to face a hostile audience of regulators, Facebook launches a new fiat payment system called Facebook Pay.

image courtesy of CoinTelegraph

Empower people everywhere to buy and sell things online ...

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Kimble Charting Solutions

Silver Testing This Support For The First Time In 8-Years!

Courtesy of Chris Kimble

Its been a good while since Silver bulls could say that it is testing support. Well, this week that can be said! Will this support test hold? Silver Bulls sure hope so!

This chart looks at Silver Futures over the past 10-years. Silver has spent the majority of the past 8-years inside of the pink shaded falling channel, as it has created lower highs and lower lows.

Silver broke above the top of this falling channel around 90-days ago at (1). It quickly rallied over 15%, before creating a large bearish reversal pattern, around 5-weeks after the bre...



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Insider Scoop

Stocks That Hit 52-Week Highs On Wednesday

Courtesy of Benzinga

This morning 69 companies reached new 52-week highs.

Interesting Facts:
  • The largest company by market cap to set a new 52-week high was Apple (NASDAQ: AAPL).
  • The smallest company when looking at market cap to set a new 52-week high was Fast Lane Holdings (OTC: FLHI).
  • Liberty SiriusXM Gr (NASDAQ: LSXMK) made the biggest move downwards of the group, plummetting 15.33% shortly after reaching its 52-week high.

The follow...



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The Technical Traders

Welcome to the Zombie-land Of Investing - Part II

Courtesy of Technical Traders

In Part I of this research post, we highlight how the ES and Gold reacted 24+ months prior to the 2007-08 market peak and subsequent collapse in 2008-09.  The point we were trying to push out to our followers was that the current US stock market indexes are acting in a very similar formation within a very mature uptrend cycle.

We ended Part I with this chart, below, comparing 2006-08 with 2018-19.  Our intent was to highlight the new price hig...



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Chart School

Gold Gann and Cycle Review

Courtesy of Read the Ticker

Gold has performed well, golden skies are here again. In fact it has been a straight line move, and this is typically unusual and a pause can be expected.

It seems the markets are happy again, new highs in the SP500, US 10 year interest rates look to re bound, negative interest may soften. The US FED has reversed their QT and now doing $250BN (not QE) repo. The main point is the FED has stopped QT, and will do QE forever. The evidence now is the FED put is under market risk and the possibility of excessive losses do not exist. 

Point: If in future if there is market risk, the FED will print it's way out of it.
Subject To: In this blog view. The above is so until the amount required rocks confidence in the US dollar as a reserve currency.&n...



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Lee's Free Thinking

Today's Fed POMO TOMO FOMC Alphabet Soup Unspin

Courtesy of Lee Adler

But make no mistake, if the Fed wants money rates to stay down by another quarter, it will need to imagineer even more money.

That’s on top of the $281 billion it has already imagineered into existence since addressing its “one-off” repo market emergency on September 17. This came via  “Temporary” Repo Man Operations money, and $70.6 billion in Permanent Open Market Operations (POMO) money.

By my calculations that averages out to $7.4 billion per business day. That works out to a monthly pace of $155 billion or so.

If they keep this up, it will be more than enough to absorb every penny of new Treasury supply. That supply had caused the system to run out of money in mid September.  This flood of paper had been inundati...



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Biotech

The Big Pharma Takeover of Medical Cannabis

Reminder: We are available to chat with Members, comments are found below each post.

 

The Big Pharma Takeover of Medical Cannabis

Courtesy of  , Visual Capitalist

The Big Pharma Takeover of Medical Cannabis

As evidence of cannabis’ many benefits mounts, so does the interest from the global pharmaceutical industry, known as Big Pharma. The entrance of such behemoths will radically transform the cannabis industry—once heavily stigmatized, it is now a potentially game-changing source of growth for countless co...



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Mapping The Market

How IPOs Are Priced

Via Jean Luc 

Funny but probably true:

...

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Members' Corner

Despacito - How to Make Money the Old-Fashioned Way - SLOWLY!

Are you ready to retire?  

For most people, the purpose of investing is to build up enough wealth to allow you to retire.  In general, that's usually enough money to reliably generate a year's worth of your average income, each year into your retirement so that that, plus you Social Security, should be enough to pay your bills without having to draw down on your principle.

Unfortunately, as the last decade has shown us, we can't count on bonds to pay us more than 3% and the average return from the stock market over the past 20 years has been erratic - to say the least - with 4 negative years (2000, 2001, 2002 and 2008) and 14 positives, though mostly in the 10% range on the positives.  A string of losses like we had from 2000-02 could easily wipe out a decades worth of gains.

Still, the stock market has been better over the last 10 (7%) an...



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In My Top Strategies for 2017, Phil's chapter is Secret Santa’s Inflation Hedges for 2017.

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Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...

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