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GM could exit bankruptcy very soon
AFP - Thursday, July 9
NEW YORK (AFP) - - General Motors could exit bankruptcy protection very soon by selling its best assets to a new, leaner company in which the US government will hold a majority stake.
The deal could close "immediately" after a stay imposed by a bankruptcy judge is lifted at noon (1600 GMT), government lawyers said in a court filing.
GM, which filed for bankruptcy protection on June 1 and has vowed to emerge as a leaner, more profitable company once freed from its burdensome debts, won court approval Sunday for the asset sale.
However, Judge Robert Gerber imposed a four-day stay on the decision in order to give creditors an opportunity to file objections.
Two groups of creditors asked the New York court to extend a stay on the sale of the assets while their appeals were heard, but Gerber dismissed their motions Tuesday in a decision which paved the road for a speedy exit.
"It's extremely unlikely that they will get a higher judge to issue a stay," said John Pottow, who specializes in bankruptcy law at the University of Michigan Law School.
A binding precedent was recently set when the US Supreme Court refused to delay the sale of Chrysler's assets to a new company run by Fiat despite creditor objections, Pottow noted.
Once the world's largest corporation, GM will emerge as a dramatically smaller automaker with fewer brands and employees, and a diminished global footprint.
But while GM's operating costs will be significantly lower, it could be a while before they are able to sell enough vehicles to make a profit, cautioned Rebecca Lindland, an analyst with IHS Global Insight.
"Their biggest problem is perception, and that's the hardest to fix," Lindland said in a telephone interview.
While GM's product offerings are strong, they've had trouble getting consumers to take them out for a test drive due to years of quality problems and bad press.
Meanwhile, overall auto sales continue to be weak after collapsing last fall amid a credit crunch and financial market meltdown.
"There are reasons to be cautiously optimistic about the company," Lindland said.
"They need to get new buyers excited about their products."
As with Chrysler, GM's old corporate entity will be liquidated under supervision of the bankruptcy court, but the new GM will not be burdened by the lengthy process.
The US government will own 60.8 percent of the new company after having supported GM's operations with some 50 billion dollars in emergency loans.
Canada, which provided 9.1 billion dollars in loans, will have an 11.7 percent stake and a United Auto Workers union retiree healthcare trust fund will hold 17.5 percent.
Creditors holding GM bonds will swap 27.1 billion dollars in debt for a 10 percent stake and warrants allowing them to buy an additional 15 percent stake.
President Barack Obama, whose auto taskforce spearheaded the GM restructuring plan, has said his administration has no intention of nationalizing the automaker over the long term and will not be participating in its day-to-day operations.
A senior member of the taskforce testified last week that the government could begin to sell its stake as early as 2010, once the new company is ready to launch a public stock offering.
GM was able to move through the process swiftly because it spent months preparing for the bankruptcy and reaching agreements with its main union and most of its creditors.
Both GM and the White House declined to comment on when the transaction will be completed.
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A General Motors' car at a dealership in Beijing in early June. The US auto giant could exit bankruptcy protection as soon as Thursday by selling its best assets to a new, leaner company in which the US government will hold a majority stake.
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