Court Throws Out Constitution, Unconditionally Forces Obama’s Terms On Chrysler Sale

June 5th, 2009 (13) Posted By Erik Wong.

chryslerbankruptcy

Alright, here’s the deal. The Constitution has been shredded. It’s protections of individual wealth were thrown out the door with this one. Secured creditors, such as retirement funds, loaned Chrysler money. Obama, Chrysler’s new owner, isn’t interested in paying them back. And the Federal Judges, looking just to rush this because it’s going to the Supreme Court anyway, are apparently willing to rubberstamp his thievery. Obama is insisting that the secured creditors take an unprecedented 39 cents on the dollar, instead of their Constitutionally-protected due, while at the same time, other creditors more in his favor (smacks of more Chryslergate) are getting 59 cents on the dollar.

This is a dictatorship with a Judicial rubberstamp.

NEW YORK (AP) – A U.S. appeals court conditionally approved Chrysler’s sale of most of its assets to Italy’s Fiat Friday, but is keeping the deal on hold until Monday to allow an appeal to the nation’s highest court.

The U.S. Court of Appeals for the 2nd Circuit said it will continue to delay the sale until 4 p.m. EDT Monday, unless the U.S. Supreme Court intervenes. The three-judge appeals court was expected to release a written ruling later Friday.

Thomas Lauria, an attorney representing the trio of Indiana state pension and construction funds that appealed the sale, said his clients will keep pressing their objections.

“We will be going to the Supreme Court to see if we can get some time to get this case considered by them,” Lauria said after the hearing.

Chrysler said in a statement, “We’re pleased with the court’s decision and appreciate the court’s recognition of the need for a swift conclusion to the process so we can quickly start becoming a new car company.”

The court heard arguments from attorneys representing Chrysler LLC, Fiat Group SpA and the Indiana funds.

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 debtholders such as themselves.

The funds also challenged the constitutionality of the Treasury Department’s use of Troubled Asset Relief Program, or TARP, funds to supply Chrysler’s bankruptcy protection financing. They say the Treasury did so without congressional authority.

“I would ask the court to view this as standing the bankruptcy process on its head,” Lauria said in his argument.

Late Tuesday, the appeals court halted the sale pending the Indiana state funds’ appeal. Chrysler had hoped to close the sale by the end of this week.

Lawyers for the Indiana funds said the proposed sale to Fiat would unfairly wipe out all of Chrysler’s past liabilities.

But Chrysler lawyer Thomas Cullen said the deal is the only way to keep Chrysler operating and the objectors would still get a recovery that’s the best they could hope for.

“The objectors are going to be harmed by the remedy they seek. They are doing better than liquidation,” Cullen said.

He said Chrysler’s former vice chairman and president, Tom LaSorda, spent 18 months looking for someone willing to enter a more favorable deal to buy or finance the automaker.

“Mr. LaSorda talked to everybody in the world,” Cullen said.

Auburn Hills, Mich.-based Chrysler has maintained that the sale must be completed quickly to save the automaker from complete collapse. If the deal doesn’t close by June 15, Fiat has the option of pulling out. Production at Chrysler’s manufacturing plants remains halted pending the closing of the sale.

U.S. Judge Arthur Gonzalez, the bankruptcy judge overseeing Chrysler’s case, approved the sale on Sunday. He ruled that the funds do not have the standing to challenge the use of TARP money because they will receive their fair share of the $2 billion set aside for secured debtholders, which is more than they would receive if Chrysler is liquidated.

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  • Phil Byler

    I hope Thomas Lauria keeps fighting. He is doing right by fighting, and those of us who understand need to say so.

    What is going on is getting really very disgusting. The Court of Appeals for the Second Circuit had an opportunity to write a good opinion upholding the Rule of Law. Instead, that court acted as political hacks. But then, what can we really expect of a court where Sonia Sotomayer is a respected member?

  • prestonbrooks

    :twisted: Blow my big white dick, hussein! I will never buy a commie car! What a commie retard. Where is the birth certificate? Oh, yeah, they don’t issue them for The AntiChrist. Your father was Satan and you are the offspring of a Jackal. Can you tell I am sick of this fucking pussy bashing my country? Hope you guys like the New Hitler, ’cause that’s who got elected. :evil: :!:

  • http://www.dirtydozensbunker.com Sanders

    Ballot box: Corrupted

    Soap box: corrupted

    jury box: corrupted

    cartridge box?

    • http://www.accdf.com aboutTObegin

      empty…its in the magazine!

      -aTb
      enough is enough
      we will show them the true might of the TRUE Constitution loving Americans!!! One way or the other!

    • http://patdollard.com Average Joe

      :arrow: Sanders
      I love what you said, and I have expressed a similar opinion.

      When Obama is IN CONTROL of…

      1)Electorate-through control of elections using ACORN, LaRaza, Black Pathers, Organizing for America Brownshirts. And Controls election appeals in Fed Elect. Comm. THE WILL NO LONGER BE FAIR AND FREE ELECTIONS.

      2)Congress-Marxist control of both Houses and NO Repub/Constitutional laws allowed.

      3)Courts-All Rigged for Obama and Corrupt.

      4)Enforcement of FBI/Homeland Security to keep him in Power.

      The only solution is REVOLUTION NOW!

  • Kirk

    “He ruled that the funds do not have the standing”
    How convenient an excuse this has come to be, from those challenging Obama on his birth certificate and U.S. Constitutional eligibility to be President, to those owed money. Apparently, no one has “standing” for anything. We the citizens don’t count, just like in a third world dictatorship. So, for everybody you owe money to, just give them the finger, and tell them they don’t have, “standing”. No doubt, it will be acceptable!

    • Phil Byler

      Standing is a legal doctrine that has its place, but not here and not with respect ot the eligibility issue either. Here, it is a cop-out. If the legal issue were decided, then a ruling of unconstitutionality would follow, and the U.S. Court of Appeals fr the Second Circuit would be enforcing the law contrary to what Obama wants. Horrors!!! At least to the members of the U.S. Court of Appeals fr the Second Circuit, it would notbe what they want to do.

  • checkers

    GM is bankrupt and being sold off piecemeal.
    Does not bode well for the old adage
    “so goes GM, so goes the nation”

  • Sully

    This is all farcical.
    No way GM or Chrysler survive as government-run enterprises.
    As I heard someone refer it ‘They are both now federal jobs programs.’

  • http://www.accdf.com aboutTObegin

    and where are ALLLLLLL those workers going to go????? The soupline and government health care….the usurper is making everyone DEPENDANT on the Government! and the people are allowing him to.

    -aTb

  • Tim Roesch

    Obama Healthcare Groups are meeting all over the country. I’m going to the one in Worcester, MA.

    How about you?

    • GRIZZ

      I will have to miss that one,along with the local naral meeting too.

  • GRIZZ

    What does the Constitution have do do with anything?Silly freedom loving Americans.