GM Gets Surgical

GM Gets Surgical

Doubt continues to grow on whether or not GM can avoid bankruptcy very soon. GM is backed into a corner with its well-heeled bond holders not budging and too many creditors clamoring for cash while the feds while away the hours on the doomsday clock.


People's jobs are at stake, to say nothing for Detroit prestige, and money is all that seems to matter to the bond holders who could save it all.

GM and others are pushing for a "surgical" bankruptcy that could put GM into bankruptcy court on a "preplanned" approach that would go into court with the intention of getting, in advance, the agreement of enough creditors to quickly pull livable pieces of the corporation out of bankruptcy and leave unprofitable pieces to their bankruptcy fate. The goal would be to get the profitable pieces out of court control in a matter of weeks.

But bankruptcy experts are saying it likely wouldn't be less than 6 months before bankruptcy court lets go of any pieces of the GM pie. A good example? The musings of many when Delphi was headed into bankruptcy court just before it filed in October 2005. It's still there.

GM wants its monied bond holders to cut two thirds of the debt by swapping bonds for GM shares but they aren't buying it. Given the recent trading history of GM stock, no one can blame them. A buck sixty eight a share in the afternoon of April 20, 2009. Whoddathunk?

None of this is shaking out too good for GM or Detroit. It won't be pretty for GM owners either. If your car is still covered by warranty, and you've got defects, better get it to the shop pretty soon, while dealers are still willing to honor the GM warranty. Once a bankruptcy is filed by GM, it's anyone's bet on what will happen next.

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ABOUT THE AUTHOR

Known nationwide as a leading Lemon Law attorney, Ronald L. Burdge has represented literally thousands of consumers in "lemon" lawsuits and actively co-counsels and coaches other Consumer Law attorneys. From 2005 through 2018, attorney Ronald L. Burdge has been named as the only Lemon Law Ohio Super Lawyer by Law and Politics magazine and Thomson Reuters Corp., Professional Division. Burdge restricts his practice to Lemon Law and Consumer Law cases. The Ohio Super Lawyer results are published annually in the January issue of Cincinnati Magazine. Ronald L. Burdge was named Consumer Law Trial Lawyer of the Year 2004 by the National Association of Consumer Advocates, the nation's largest organization of consumer law private and government attorneys. "Your impact on the auto industry has been magnified many times over because of the trail you blazed for others," stated NACA's Executive Director, Will Ogburn. Burdge has represented thousands of consumers in Ohio, Kentucky and elsewhere since 1978 and is a frequent lecturer to national, state and local Bar Associations and Judicial organizations. Burdge is admitted to Ohio's state and federal courts, Kentucky's state courts, and Indiana's federal courts. Other court admissions are on a "pro hac" temporary, case by cases basis.