13 Pages Posted: 2 Feb 2010
Date Written: December 30, 2009
Although they caused great controversy, the Chrysler and GM bankruptcies broke no new ground. They invoked procedures that are commonly observed in modern Chapter 11 reorganization cases. Government involvement did not distort the bankruptcy process; it instead exposed the reality that Chapter 11 offers secured creditors - especially those that supply financing during the bankruptcy case - control over the fate of distressed firms. Because the federal government supplied financing in the Chrysler and GM cases, it possessed the creditor control normally exercised by private lenders. The Treasury Department found itself with virtually the same, unchecked power that the FDIC exercises with respect to failing banks. The Chrysler and GM bankruptcies are cautionary tales about Chapter 11, not about government intervention. It may be time to entertain longstanding proposals for reforming the reorganization process.
Keywords: corporate reorganization, bankruptcy, Chapter 11, Chrysler, General Motors
JEL Classification: G18, G30, G34, G38, K20, K22, K29, L62
Suggested Citation: Suggested Citation
Morrison, Edward R., Chrysler, GM and the Future of Chapter 11 (December 30, 2009). Columbia Law and Economics Research Paper No. 365. Available at SSRN: https://ssrn.com/abstract=1529734 or http://dx.doi.org/10.2139/ssrn.1529734