|
One of the
Chrysler assets to be transferred to the new
company will be the factory in Ontario,
Canada that builds the Dodge Challenger.
Based on a shortened version of the brand's
Charger model it was unveiled in February
last year simultaneously at the Chicago and
Philadelphia auto shows. The range topping
version - seen here - is the muscular
Challenger SRT/8 which is powered by the
6.1-litre HEMI engine. |
|
|
|
The
group of Indiana state pension funds have
dramatically appealed to the U.S. Supreme Court
this weekend after the Appeal Court refused to rule in
their favour meaning that the legal fight to
halt the sale of Chrysler's assets has reached
the highest court in the land.
The
funds' case was dismissed on Monday by Judge
Arthur Gonzales who is presiding over the New
York Bankruptcy Court that has spent the last
month working through Chrysler's restructuring.
He said that he believed that the secured
lenders had been offered a better cash deal than
they would have got if Chrysler's assets were
sold off piecemeal. The funds in dispute hold
just US$42.5 million, less than 1 percent of the
total debt, and they comprise of the Indiana
State Police Pension Fund, the Indiana Teacher's
Retirement Fund, and the state's Major Moves
Construction Fund. They bought the debt in
Chrysler in July last year for 43 cents in the
dollar.
The
funds then took their case to the Court of
Appeal last week. On Friday afternoon the Court
of Appeal ruled against the funds saying that
the sale of Chrysler's assets could go ahead to
a consortium of new stakeholders in which the
key players are made up of the UAW union's heath
fund (55 percent) and Fiat (20 percent). However
the Court gave a stay of execution until
tomorrow to allow the pension funds to try to
take their case to the Supreme Court, the
highest legal body in the Unites States. The
funds then made their petition to Supreme Court
Justice Ruth Bader Ginsburg who is responsible
for referrals from the New York Appeals Court.
The Supreme Court's ruling when it arrives will
be final.
"The
need for the court to review the profound issues
presented by Chrysler's novel bankruptcy sale
far outweighs the cost of delaying," lawyers for
the three funds said yesterday in their attempts
to justify the decision to take their case all
the way to the Supreme Court. "The public is
watching and needs to see that, particularly,
when the system is under stress, the rule of law
will be honoured and an independent judiciary
will properly scrutinise the actions of the
massively powerful executive branch. The issues
presented by this case are of immediate and
enduring national significance," the legal team
added.
Lawyers for Fiat, Chrysler and the U.S.
government have all in recent weeks argued that
the sale of Chrysler's best assets is the most
promising way forward for the failed automaker
and the Indiana pension funds have had their
petition dismissed at every stage so far. There
has also been little sympathy for their poor
judgement in making an investment in Chrysler
debt just six months before it filed for Chapter
11 and when the writing was clearly on the wall.
However the case is also significant in that any
decision will provide a precedent for General
Motors' bankruptcy procedure which got underway
last week and for this reason alone the Indiana
funds won't be successful in their legal battle.
|