Geoffrey Gwin runs a vulture capital fund: he finds companies in trouble, and buys up their debt on the cheap. The goal is to make a profit when the issuer fails. Or as he puts it on his web site:
Group G Capital Partners, LLC is an investment management firm founded in September of 2002. We employ rigorous fundamental research in our US credit focused strategies. Our strategies include: market neutral credit, opportunistic credit and small cap distressed.
He is one of a group of 20 people who forced Chrysler into bankruptcy, by refusing to accept the deal brokered by the Treasury. He wrote a letter to the Wall Street Journal explaining his thinking. Geoffrey’s decision to send Chrysler into Chapter 11 was a matter of principle. When Delta failed, his dad lost a big part of his pension, so it’s right for him to do the same thing to tens of thousands of Chrysler employees and retirees. After all, it’s the fault of the terrible unions who drove too good a deal, much better than other American workers.
The administration and others argue that the "right thing to do" is to save Chrysler and thereby ensure the livelihoods of all its workers, retirees, and the workers at Chrysler suppliers. This at the expense of the right’s [sic] of creditors, such as my company. But the administration should concern itself with the nobler cause of preserving the fundamental system of laws governing creditor rights.
And here’s the principle we’re talking about:
“Junior creditors are ordinarily not entitled to anything until senior secured creditors like our investors are repaid in full,” the dissidents said in the statement.
Well, not really. What secured creditors get is a claim equal to the value of their collateral. It’s called cramdown. The Washington Post says the collateral might be $.30 to $.50 on the dollar. That sounds pretty strong to me. What would you give for an empty Chrysler factory? When Studebaker failed in the ’50s, the buildings sat vacant for years. And the equipment? Who needs that stuff? For the balance of their debt, they are unsecured creditors. The offer they turned down was about $.32.
Yes, Gwin believes his property rights are more important than the lives of tens of thousands of his fellow citizens. Geoffrey is just another self-righteous bankster: John Galt would love this guy. The President has an opinion about Geoffrey and his "principles":
In a rare flash of anger, the president scolded the group Thursday as Chrysler, its options exhausted, filed for bankruptcy protection. “I don’t stand with those who held out when everyone else is making sacrifices,” Mr. Obama said.
And yet, the banksters run Congress. Can’t anyone in the Senate see that these guys are ruining the country?



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But I bet this guy shows up at church every Sunday so the little people can see him praying and know how much of a Christian he is.
Let Chrysler fail and bring back Studebaker!
Thus following the Bush strategy of pretending to be a Christian!
So if Bush says we have to give up some rights so he can wiretap and we’ll all be safe, that’s a problem, but if Obama says we have to give up some rights so we can all have jobs, you’re okay with that? We have well defined property rights in this country and we have a well defined system of law. Overriding them for whatever reason doesn’t seem a very good idea. We are going to have a wave of bankruptcies in this country in the next year; do we really want each one decided by the whims of the government? Who would invest on those terms? I think you have the wrong end of the stick on this one.
question:
where does Dan Qayle/John Snow fit in to this ? was their group one of those that agreed to “concessions” ? they were attached to the Chrysler Finance arm, right ?
What basic rights under the Constitution has Obama admin asked us to give up?
As far as the almighty contract, didn’t Bush Co and Reagan already show how meaningless that is in their actions?
Bankruptcy courts have pretty much always had the legal ability to determine which creditors get paid how much.
How is it in the best interest of the creditors to be stuck with empty buildings and equipment that no one else wants?
And you’d rather instead leave everything to the whims of the investors who stick the taxpayers with things like pension rights, healthcare, all in praise of the all mighty creditor?
We’ll learn which rights when we are in the Obama Re-education camps that conservatives believe the Obama secret police run.
Your argument would have a lot more weight if pretty much all that was exempted to bail out Wall Street. Sauce for the goose is sauce for the gander.
This at the expense of the right’s [sic] of creditors, such as my company.
Paging Dr. Freud to the White Courtesy Phone…
This is a shot across the bow to the bondholders who were thinking about driving a hard bargain with GM. Obama is saying to them, “Bring it on.” He is not going to roll over and write big checks to the vultures, at the expense of all others.
Apparently you don’t understand. No one took anything away from Geoffrey. There was a deal on the table which was accepted by over 70% of the debtholders, other unsecureds, the Treasury, the UAW, Fiat, and a host of other people with actual skin in the game. That deal would have reduced costs and uncertainty. It was a fair outcome.
Greedy Geoffrey and his Vulture Buddies weren’t satisfied. So, they got what they wanted: bankruptcy, with its costs, delays and pain. The rule of law was upheld. Geoffrey did it because what the heck, Delta screwed his dad. He has little prospect of a better deal. This is from the NYT, the correct link for the one above:
So what he was doing was playing chicken with the lives of other people. So what if pensioners don’t get their retirement. They should have gotten collateral, just like Geoffrey Gwin, who learned it at his daddy’s knee.
As to your slippery slope argument, note that this deal involved Treasury because it has several billion in this deal. That is not the case in the other bankruptcies, I hope.
Cerebus is losing its stock investment. They retain an interest in the finance arm, which is not in bankruptcy.
if $12 trillion isn’t a big check, what is?
Happy May Day. Time to seize the means of non-production…from teh banksters.
He didn’t give them all that they wanted.
Some people just don’t know what is in their best interest. Sure, Gwin can force Chrysler into Chapter 11 or even Chapter 7. The question is, what is he likely to get out of it?
What secured creditors get is a place at the head of the line and a claim equal to the face value of their debt instrument. Ordinarily, secured creditors are paid off before unsecured creditors. As Mass points out, what is the value of a closed factory in this economy? Not much, eh?
What’s happened here is that Gwin placed a bet (that he’d be able to collect on Chrysler debt obligations) in excess of the amount he paid in purchasing the debt instruments.
Welcome to the Great Wall Street Casino. Sometimes you win, and sometimes you lose. You lost, Mr. Gwinn. Better figure again what you might collect in a liquidation and suck up your losses.
I think that the existence of outfits like Gwin’s really do show that Wall Street became a casino under BushCo.
Wouldn’t you love to have a Lark or an Avanti? Some local folk tried to keep Avanti alive, but it went down with a lot of money.
Have you shared this good news with the Native Americans tribes?
What about the descendants of the slaves? So the descendants of Americans who lost property in the Colfax Massacre of 1873 and Tulsa 1921 are going to be compensated?
Do you have a link?
masaccio, thanks so much for the detail.
I wanna give this Gwin all the sunlight he craves.
OT to BargainCountertenor – hoping you are still around….. a little while ago i asked the hcan rep for an example of public/private health insurance plan for a proof of concept to judge costs, coverage etc for what they are asking me to support. in reply i got hacker’s report, which i’ve read but was hoping you would be willing to take a look at (if you haven’t already) and share your impressions. please forgive me for continuing to ask for more when you’ve already been so generous with your time.
Thanks, Masaccio
Trillions for financial manipulation, not one cent for companies in the real economy that produce goods, create jobs & tangible wealth.
Chrysler now gets the Zambia treatment, as described by Greg Palast in 2007.
Nader assessed the Chrysler BK and the complete absence of U.S. industrial & labor policy with Amy Goodman today.
U.S. Bankrupcty Code priority of claims will be this year’s best seller.
Sometimes a company is worth more dead than alive, as when a hedge fund owns credit default swaps that pay out when the company fails. Our economy will not recover until we outlaw these instruments of financial destruction. I want to know if taxpayer funds will be used, via AIG, to pay off these CDS contracts.
Same old same…’no change’ we can believe in. If the old capital rules apply for the present and future then it’s an economic disaster timebomb just lurkin’ round the corner.
There aren’t any credit default swaps listing Chrysler or Cerebus as the reference entity. Chrysler bank debt is referred to as a leveraged loan, which means the loans are collateralized by Chrysler’s assets. There isn’t a credit default swap directly related to Chrysler, but there is an index of leveraged loans that would make an imperfect hedge.
There is a description of the acquisition of Chrysler here. There isn’t any publicly held debt.
This is a result of Obama’s not playing hardball with any of the players in the financial industry. Gwin et al kicked sand in his face because they knew they could and Obama wouldn’t do anything about it.
You want hardball?
Go back to mark to market rules for assets.
Don’t allow the discounting of debt.
Do real audits.
Nullify CDSs.
Ask the IRS to inspect the books of financial companies for tax fraud.
Ask the FBI to investigate them for just plain fraud.
You do these things and you will have the financial community shitting in their pants.
Gwin wouldn’t have the time to takedown Chrysler. He would be too busy trying to figure out how to stay out of jail, just like thousands of others in the industry.
Yes, but if the government put itself at the head of the line. Then let me see bondholders would get exactly zip, give or take a zip, out of a bankruptcy.
That’s because two entities can’t play a game of chicken when one has completely captured and determines the moves of the other.
http://baselinescenario.com/20…..t-chicken/
Two questions. One, why do I have this feeling that this guy is getting death threats? And two, can someone explain this “bankster” insult to me? I. Just. Don’t. Get. It.
Anyways, I’ll advise my dad to get a Ford for his next car. They’re going to survive 2009, at least.
Can I just say something? I am so *sick* of this system, this system where the owners of property are kept happy and secure in their property rights, and those who work for their living are kept in insecurity and fear with ‘elastic labor markets’. I just can’t stand it.
I see our latest concern troll didn’t stick around long. We could be invaded by creatures from space and the libertarians would be worried about their property rights. Like the clowns here who cut down mangroves saying they have a right to because they were on their property. No matter that its been illegal for years simply because of the environmental damage such action wreaks.
From the BBC.
You might want to look up the Pecora Commission. The author of a biography of Pecora was recently on Bill Moyer’s Journal and talks about it as well.
Have you ever owned or driven a Ferrari? Just curious.
For what it’s worth, I occasionally rent Fiats in Europe, and they are really good cars. I also like the Renault Megane, with the turbo-diesel and a six-speed, which I had last time. I think I got the equivalent of 45 mpg on the road at 80-85 mph, and the gazoil was a lot cheaper than gasoline.
Are you going to help pick out the drapes and new wall paper for Gitmo?
Will they get to wear sunglasses or be directed to glare at the sun?
No, I own a Honda Civic, but I have my eyes on the new Ford Mustang. I thought about the new Dodge Challenger, but that car is so overweight it’s not funny. And hey, Ford sold more cars than Toyota last month and didn’t take bailout money.