General Motors Chapter 11 reorganization

Last updated

General Motors Chapter 11 reorganization
Date2009
LocationU.S.
Cause Bankruptcy
Motive 2008 automotive crisis
Organised by U.S. bankruptcy court
VerdictSale of General Motors subsidiaries and assets

The 2009 General Motors Chapter 11 sale of the assets of automobile manufacturer General Motors and some of its subsidiaries was implemented through Chapter 11, Title 11, United States Code in the United States bankruptcy court for the Southern District of New York. The United States government-endorsed sale enabled the NGMCO Inc. [1] ("New GM") to purchase the continuing operational assets of the old GM. [2] [3] [4] Normal operations, including employee compensation, warranties, and other customer services were uninterrupted during the bankruptcy proceedings. [2] Operations outside of the United States were not included in the court filing. [2]

Contents

The company received $33 billion in debtor-in-possession financing to complete the process. [5] GM filed for Chapter 11 reorganization in the Manhattan New York federal bankruptcy court on June 1, 2009, at approximately 8:00 am EDT. June 1, 2009, was the deadline to supply an acceptable viability plan to the U.S. Treasury. The filing reported US$82.29 billion in assets and US$172.81 billion in debt. [6] [7] [8] [9] [10]

After the Chapter 11 filing, effective Monday, June 8, 2009, GM was removed from the Dow Jones Industrial Average and replaced by Cisco Systems. From Tuesday June 2, old GM stock has traded Over the Counter (Pink Sheets/OTCBB), initially under the symbol GMGMQ [11] and subsequently under the symbol MTLQQ.

On July 10, 2009, a new entity completed the purchase of continuing operations, assets and trademarks of GM as a part of the 'pre-packaged' Chapter 11 reorganization. [12] [13] As ranked by total assets, GM's bankruptcy marks one of the largest corporate Chapter 11 bankruptcies in U.S. history. The Chapter 11 filing was the fourth-largest in U.S. history, following Lehman Brothers, Washington Mutual and WorldCom. [14] A new entity with the backing of the United States Treasury was formed to acquire profitable assets, under section 363 of the Bankruptcy Code, with the new company planning to issue an initial public offering (IPO) of stock in 2010. [15] The remaining pre-petition creditors claims are paid from the former corporation's assets. [12] [15]

Background

The following table is a comparison (estimates) of the new GM and the old GM
Old GM (before July 10, 2009)New GM (as of July 10, 2009)
Brands
5,900U.S. Dealerships5,000
Common shareholders, bondholders and secured creditorsOwnershipThe United States Treasury, the Canada Development Investment Corporation, Government of Ontario, Old GM bondholders, and UAW and CAW unions
47U.S. Plants34
$94.7 billion USDDebt [16] $17 billion USD
91,000U.S. employees68,500

General Motors was financially vulnerable before the automotive industry crisis of 2008–2010. In 2005, the company posted a loss of US$10.6 billion (~$15.9 billion in 2023). [17] In 2006, its attempts to obtain U.S. government financing to support its pension liabilities and also to form commercial alliances with Nissan and Renault failed. For fiscal year 2007, GM's losses for the year were US$38.7 billion, (~$54.8 billion in 2023) [18] and sales for the following year dropped by 45%. [19]

On November 7, 2008, General Motors reported it had projected it would run out of cash around mid-2009 without a combination of government funding, a merger, or sales of assets. [20] Ten days later General Motors representatives, along with executives from Ford and Chrysler testified about their need for financial aid at a congressional hearing in Washington D.C. All three companies were unsuccessful in their attempts to obtain legislation to authorize U.S. government aid, and were invited to draft a new action plan for the sustainability of the industry. [21] On December 2, 2008, General Motors submitted its "Restructuring Plan for Long-Term Viability" to the Senate Banking Committee and House of Representatives Financial Services Committee. [22] Congress declined to act, but in December 2008 the Bush administration provided a "bridge loan" to General Motors with the requirement of a revised business plan. [23] It said it needed $4.6 billion in loans within weeks, from the $18 billion it had already requested, and an additional $12 billion in financial support in order to stave off bankruptcy. On February 26, 2009, General Motors announced that its cash reserves were down to $14 billion at the end of 2008. G.M. lost $30.9 billion, or $53.32 a share, in 2008 and spent $19.2 billion of its cash reserves. Mr. Wagoner met with President Obama’s auto task force, and the company said that it could not survive much longer without additional government loans.

On the March 30, 2009 deadline, President Barack Obama declined to provide financial aid to General Motors, and requested that General Motors produce credible plans, saying that the company's proposals had avoided tough decisions, and that Chapter 11 bankruptcy appeared the most promising way to reduce its debts, by allowing the courts to compel bondholders and trade unions into settlements. [24] GM Chairman and CEO Rick Wagoner was also forced to resign. [25] GM bondholders rejected the government's first offer, but the unions agreed to the preferential terms. [26] A bondholder debt to equity counteroffer was ignored. [27]

Earlier restructuring efforts

Efforts to sell General Motors' European operations ran into difficulties, as the corporation was expected to file for bankruptcy protection by June 1, 2009. [28] United States government officials suggested that, if they were satisfied with the company's plans to restructure, the U.S. government would take at least a 50% equity stake and reserve the right to name board members. [29] On May 31, 2009, news broke that the U.S. would initially likely become the largest shareholder of the reorganized GM following a bankruptcy filing and re-emergence from bankruptcy. The U.S. government would invest up to $50 billion and own 60% of the new GM and the Canadian government would own 12.5%. [30]

Some observers also claimed that creditors were encouraged to push GM into bankruptcy protection because it would trigger a credit event, and thus a beneficial financial payout, on credit default swaps held by these creditors. [31] Due to a lack of transparency, there was no way to find out who the CDS protection buyers and protection writers were, and they were subsequently left out of the negotiation process. [32]

U.S. government-backed guarantee of warranties

On March 29, 2009, the U.S Treasury committed to fund a government guarantee of General Motors' warranty liabilities, up to US$360.6 million (~$498 million in 2023). [33] [34]

On May 27, 2009, the U.S. Treasury advanced a secured loan of US$360.6 million to GM, and GM issued a note to the Treasury for US$360.6 million, plus $24.1 million USD as additional compensation for the warranty advance, pursuant to the terms of the Warranty Agreement dated December 31, 2008, between GM and the U.S. Treasury. The loan funded a separate account established by GM Warranty LLC, a new special purpose subsidiary of GM that was formed to operate the warranty program. GM also on May 29, 2009, contributed $49.2 million to GM Warranty LLC to fund the program. [35]

Proposed sale of Opel and Vauxhall

On May 30, 2009, it was announced that a deal had been reached to transfer New Opel (Opel plus Vauxhall, minus Saab) assets to a separate company majority-owned by a consortium led by Sberbank of Russia (35%), Magna International of Canada (20%), and Opel employees and car dealers (10%). GM was expected to keep a 35% minority stake in the new company. [36] [37] It was announced on November 3, 2009, that the GM board had decided not to sell off Opel. [38] However, after the reorganization in 2017, Opel and Vauxhall would later be sold to Groupe PSA for $2.3 billion (~$2.81 billion in 2023). [39] [40]

Chapter 11 protection

Filing

On the morning of June 1, 2009, Chevrolet-Saturn of Harlem, a dealership in Manhattan that is owned by GM itself, filed for bankruptcy protection there, followed in the same court by General Motors Corporation (the main GM in Detroit), GM's subsidiary Saturn LLC, and Saturn LLC's subsidiary Saturn Distribution Corporation. [41] All cases were assigned to Judge Robert Gerber. [42]

The filing by the dealership declared General Motors to be a debtor in possession. [41] The Manhattan dealership's filing allowed General Motors to file its own bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York, its preferred court. Normally, a company would file for bankruptcy in the courts located either in the state where the company is incorporated (which for GM was Delaware), or where it conducts operations (which would have been Michigan, where the company was headquartered). General Motors' attorneys, however, preferred to file in the federal courts in New York, because those courts have a reputation for expertise in bankruptcy. [43] In a press conference later that day, the GM Chief Executive Officer, Fritz Henderson, stressed that he intended for the bankruptcy process to move quickly. [44] In addition to Mr Henderson's press conference, President of the United States Barack Obama made a speech from the White House after the court filing. [45]

Court schedule and motions

The General Motors Chapter 11 filing formally was entitled "In re General Motors Corp.", and was case number 09-50026 in the Southern District, Manhattan, New York. [46] General Motors was represented by the New York specialist law firm Weil, Gotshal & Manges. The United States Treasury was represented by the United States Attorneys Office for the Southern District of New York and Cadwalader, Wickersham & Taft LLP. An ad hoc group of the bondholders of General Motors Corporation was also represented in court. [47]

One of the first motions filed in court was one to void the leases on the seven corporate jets, and corporate aircraft hangar at Detroit Metropolitan Wayne County Airport, for being no longer valuable to the company's business a lease that the company had, according to its spokesman, found itself unable to escape in 2008 when it had tried to. [46]

On June 1, 2009, the court gave interim approval to GM's request to borrow US$15 billion as debtor-in-possession funding, the company only having US$2 billion cash in hand. The United States Treasury argued in court that it was the only source of such debtor in possession funding, and that without the money from the loan General Motors would have no option but liquidation. Other motions in the first-day hearing included motions to approve payments to key suppliers and to employees and distributors who are in possession of goods manufactured for General Motors. All motions passed in court without substantial objection. [47] [48]

The case schedule laid out by the court is as follows:

Planned sale

General Motors auctioned off its assets in a section 363 sale. [2] [3] [4] [47] [49] Because the price of these assets were very high, there was only one bidder in the auction, NGMCO Inc. ("New GM"). [1] This company was formed by the United States government with a 60.8% stake, the federal government of Canada and provincial government of Ontario with an 11.7% stake, the United and Canadian Auto Workers unions VEBA fund [2] with a 17.5% stake, and the unsecured bondholders of General Motors with a 10% stake. [47] The selling company was Motors Liquidation Company ("Old GM") (see below). [50]

A creditor meeting, at the New York Hilton Hotel, held by the United States Trustee Program, was scheduled for June 3, 2009. [48]

Sale of Hummer

On June 1, 2009, GM announced that the Hummer brand would be discontinued. On October 9, they reached an agreement to sell their entire stake in the Hummer brand to China-based Sichuan Tengzhong Heavy Industrial Machinery Company Ltd. [51] and a group of private investors (Mr. Suolang Duoji, a private entrepreneur with holdings that include the Hong Kong-listed thenardite producer Lumena, would have held the remaining 20 percent stake.) The sale would have net GM around $150 million. [52] [53] The deal would have included manufacturing to continue in the two plants that GM already uses to produce the Hummer trucks through June 2011, with a possible extension until 2012.

On February 24, 2010, GM announced that the sale could not be completed with Sichuan Tengzhong and that they would discontinue the brand. They were approached by several other companies interested in purchasing the Hummer brand and began reviewing potential buyers. [54] However, in the end no sale could be finalised and Hummer was declared defunct on May 24, 2010.

Sale of Saturn

On June 5, 2009, GM announced that the Saturn brand would be sold to the Penske Automotive Group. [55] GM was to continue to build the Aura, Outlook and Vue for Penske for two years, however, as of September 30, 2009, the deal had fallen through. Penske had asked GM to extend the time it was to build Saturns until it could reach a deal with the Renault Group for vehicle replacements in 2012, but since that deal fell through Penske cancelled the planned sale. GM has said that the Saturn brand will be phased out by the 2010 model year, and the brand was declared defunct on October 31, 2010.

Sale of Saab

On June 16, 2009, it was announced that the Swedish firm Koenigsegg Automotive AB and a group of Norwegian investors planned to acquire the Saab brand from General Motors. GM would have continued to supply architecture and powertrain technology for an unspecified amount of time. [56] On November 24, 2009, it was announced that the sale of Saab to the Koenigsegg Group had collapsed. [57]

"We're obviously very disappointed with the decision to pull out of the Saab purchase," said GM CEO Fritz Henderson in a statement. "Given the sudden change in direction, we will take the next several days to assess the situation and will advise on the next steps next week." [58]

On February 23, 2010 GM sold Saab to Spyker Cars, later renamed Swedish Automobile. The Saab brand would collapse under Spyker in 2012 after filing for bankruptcy.

363 Sale of assets

As part of a reorganization plan agreed to with the U.S., Canadian and Ontario governments, and the company's unions, General Motors filed for Chapter 11 bankruptcy protection in a federal Manhattan court in New York on June 1, 2009, at approximately 8:00 am, planning to re-emerge as a less debt-burdened organization. [13] The filing reported US$82.29 billion in assets. [7] The case was assigned to U.S. Bankruptcy Judge Robert Gerber, who had previously presided over another high-profile bankruptcy case of Adelphia Communications Corp. [7]

Shortly after the Chapter 11 filing, it was announced that on Monday, June 8, 2009, GM would be removed from the Dow Jones Industrial Average, and replaced by Cisco Systems. This coincided with the announcement that Citigroup Financial would also be removed and replaced by insurer Travelers Co. [59]

$GM was delisted from the NYSE. Beginning June 2, GM stock traded on the Pink Sheets OTC market under the symbol GMGMQ. On July 15, the stock symbol was changed to MTLQQ ("Motors Liquidation Company").

Despite these developments, the organization expressed optimism in the future success of a "new GM". [2] On July 10, 2009, after an auction process and approval by Judge Gerber concluded, GM's continuing operational assets and trademarks were transferred to the sole bidder, a primarily government-owned entity called "NGMCO Inc.", [60] which upon sale assumed the name General Motors Company. [12] [50] [61] The purchase was supported by $50 billion in U.S. Treasury loans, giving the U.S. government a 60.8% stake. The Queen of Canada, in right of both Canada and Ontario, held 11.7% and the United Auto Workers, through its health-care trust (VEBA), a further 17.5%. The remaining 10% was held by unsecured creditors. [62] In other words, a company called "NGMCO Inc.", financed by the U.S. Treasury, [13] Canada, and a labor union, purchased the desirable assets of "old GM" via the bankruptcy process, [60] thus renaming it to "General Motors Company" and forming a "new GM". This marked the emergence of a new operation from the "pre-packaged" Chapter 11 reorganization. [12] [50] [61] The claims of former stakeholders and remaining pre-petition creditors of "old GM" would be handled by the "Motors Liquidation Company", [50] [61] [12] [63] with the new company planning to issue an initial public offering (IPO) of stock in 2010. [15] The directors of Motors Liquidation Company stated that they believed shares in the "old" GM would eventually have no value since the company had far more debts than assets.

Under the reorganization process, termed a 363 sale (for Section 363 which is located in Title 11, Chapter 3, Subchapter IV of the United States Code, a part of the Bankruptcy Code), the purchaser of the assets of a company in bankruptcy proceedings is able to obtain approval for the purchase from the court prior to the submission of a re-organization plan, free of liens and other claims. It is used in most Chapter 11 cases that involve a sale of property or other assets. This process is typical of large organizations with complex branding and intellectual property rights issues upon exiting bankruptcy. [64] [65] [66] [67]

As ranked by total assets, the Chapter 11 reorganization of "new GM" from the old is one of the largest successful corporate reorganizations in U.S. history, and the fourth-largest bankruptcy in U.S. history by total assets, following Lehman Brothers Holdings Inc., Washington Mutual and WorldCom Inc. [14]

The same day, GM reported 88,000 U.S. employees, and announced plans to reduce its U.S. workforce to 68,000 by the end of 2009. [68]

On July 23, 2009, "new GM" announced its new board of directors: Daniel Akerson (of the Carlyle Group), David Bonderman (of TPG Capital), Robert D. Krebs (a former railroad executive), Patricia F. Russo (the former CEO of Alcatel-Lucent), Ed Whitacre (GM Chairman) and Fritz Henderson (GM CEO). [69]

Brand reorganization

In addition to selling off brands and killing brands like Pontiac and Goodwrench, General Motors Company restructured its brand architecture and adopted a new corporate identity. [70] The practice of putting the "GM Mark of Excellence" on every car, no matter what the brand, was discontinued in August 2009. [71] The company moved from a 'corporate-endorsed, hybrid-brand' architecture structure (where GM underpinned every brand) to a 'multiple-brand, corporate-invisible' brand architecture structure. [72] The company's familiar square blue "badge" was removed from its website and advertising, in favor of a new, subtle all-text logo treatment. [70]

Timeline 2008–2009

October 10, 2008: GM considered exchanging its remaining 49% stake in GMAC to Cerberus Capital Management for Chrysler LLC, potentially merging two of Detroit's "Big Three" automakers. [73] Acquisition talks involving Chrysler were cancelled, however, before November 7, 2008, as part of a broader response to the increasing urgency of GM's own cash flow problems. That was a result of Chrysler's senior bank debt currently trading at less than 50 cents on the dollar and because Chrysler's other owner – Daimler, formerly DaimlerChrysler – recently revalued its 19.9% Chrysler stake down to zero, which may or may not reflect its value in a potential sale. [74]

December 12, 2008: General Motors stated that it was nearly out of cash, and may not survive past 2009. The U.S. Senate voted and strongly opposed any source of government assistance through a bailout bridge loan (originally worth $14 billion in emergency aid) which was aimed toward helping the struggling Big Three automakers financially, despite strong support from President George W. Bush and President-elect Barack Obama, along with some mild support from the Democratic and Republican political parties.

Prior to the U.S. Senate's announcement, General Motors announced that it had hired several lawyers to discuss the possibility of filing for bankruptcy, with Chapter 11 bankruptcy being one of the options discussed. GM stated that "all options are on the table" for the company. Chrysler LLC, which is owned by Cerberus Capital Management, in a similar financial situation, warned that it, too, was nearly out of cash and might not survive much longer.

December 18, 2008: President Bush announced that an "orderly" bankruptcy was one option being considered for both General Motors and Cerberus-owned Chrysler LLC. Sources said that setting up this type of "orderly" bankruptcy would be complicated because it would not only involve talks with the automakers, but also the unions and other stakeholders would have to be involved.

December 19, 2008: President Bush approved a bailout plan and gave General Motors and Chrysler $13.4 billion in financing from TARP (Troubled Assets Relief Program) funds, as well as $4 billion to be "withdrawn later".

As of February 14, 2009: General Motors was considering filing for Chapter 11 bankruptcy under a plan that would assemble all of their viable assets, including some U.S. brands and international operations, into a new company. [75] Less than a week later, its Saab subsidiary filed for bankruptcy protection in Sweden. [76]

March 5, 2009: GM's independent public accounting firm (Deloitte & Touche) issued a qualified opinion as part of GM's 2008 annual report that stated "[these conditions] raise substantial doubt about its ability to continue as a going concern". [77] A qualified going concern audit letter like this is only issued by the auditors when the company is in extreme financial distress and it is likely that it may file for bankruptcy protection. [78]

March 12, 2009: GM's CFO Ray Young said that it would not need the requested $2B (~$2.76 billion in 2023) in March noting that the cost-cutting measures are starting to take hold. [79]

March 29, 2009: GM's Chairman and CEO, Rick Wagoner, agreed to immediately resign his position as part of an Obama administration automotive restructuring plan. Wagoner was replaced by Fritz Henderson. [80] In announcing that plan, on March 30, 2009, President Obama stated that both GM and Chrysler may need to use "our bankruptcy code as a mechanism to help them restructure quickly and emerge stronger". [81] He also announced that the warranties on cars made by these companies would be guaranteed by the U.S. Government.

March 31, 2009: President Barack Obama announced that he would give GM 60 additional days to try and restructure their company and prove their viability. If they succeeded, Washington would provide General Motors with additional bridge loans. However, if GM could not meet the requirements set by the White House, a prepackaged bankruptcy is probable. President Obama reiterated that GM will be part of the future even if bankruptcy is necessary. [82]

April 22, 2009: GM stated that it will not be able to make their June 1, 2009, debt payment. [83]

April 24, 2009: GM announced that they will be scrapping the Pontiac brand in an effort to invest more money into their major brands (Buick, Cadillac, Chevrolet, and GMC). [84] It was the second discontinuation of a major GM brand in the 21st century, after Oldsmobile (which ended production in 2004).

May 4, 2009: German Economy Minister Karl-Theodor zu Guttenberg said Fiat (among others) [85] might be interested in the GM European unit. [86]

June 1, 2009: GM filed for Chapter 11 Bankruptcy, [7] the fourth largest filing in the United States history after Lehman Brothers, Washington Mutual, and Worldcom. [14] On June 29, 2009, General Motors announced that they would discontinue the NUMMI joint venture with Toyota. [87]

July 10, 2009: A new company financed by the United States Treasury, "NGMCO Inc" [1] purchased most of the assets, and the trademarks of the General Motors Corporation. Vehicle Acquisition Holdings LLC then changed its name to "General Motors Company". The General Motors Corporation (old GM) in turn changed its name to "Motors Liquidation Company" and it continued in bankruptcy proceedings to settle with its bondholders, and on other liabilities. The new GM company, after the purchase of most of the assets of "old GM" is not a participant in the continuing bankruptcy proceedings of Motors Liquidation Company (Old GM). The "new GM" is mostly owned by the United States Government. [50] [61] [88] [89]

Motors Liquidation Company

General Motors Corporation, upon sale of its major assets, trademarks and intellectual property on July 10, 2009, pursuant to the provisions of section 363 of the Bankruptcy Code, was renamed as Motors Liquidation Company. [88] It continued its bankruptcy court proceedings, exiting bankruptcy and splitting into four trusts. [88] Motors Liquidation Company announced on July 10, 2009, in relation to its equity and debt investors: [88]

Management continues to remind investors of its strong belief that there will be no value for the common stockholders in the bankruptcy liquidation process, even under the most optimistic of scenarios. Stockholders of a company in chapter 11 generally receive value only if all claims of the company's secured and unsecured creditors are fully satisfied. In this case, management strongly believes all such claims will not be fully satisfied, leading to its conclusion that the common stock will have no value.

None of the publicly owned stocks or bonds issued by the former General Motors Corporation (now renamed "Motors Liquidation Company"), including its common stock formerly traded on the New York Stock Exchange under the ticker symbol "GM", are or will become securities of General Motors Company (the "new GM"), which is an independent separate company. All of these securities relate to Motors Liquidation Company, and will be treated in accordance with the provisions of the U.S. Bankruptcy Code and the rulings of the Bankruptcy court.

Motors Liquidation Company's stock symbol was changed from GMGMQ to MTLQQ, effective July 15, 2009.

New General Motors

The new General Motors was named General Motors Company LLC, a separate and independent entity from the old corporation. The new company retained four of its major brands: Chevrolet, Cadillac, GMC, and Buick. It planned to keep 3,600 out of 6,000 of its US dealerships. Lastly, the company was also shutting down 14 of its US plants, which would eliminate 20,000 of its 80,000 current employees. The present General Motors Company is a smaller, restructured version of the former General Motors Corporation. [90]

Bailouts

European loans

GM received loans from European governments in 2009, and reduced its ownership stake in European operations as part of its reorganization. [91] As of July 10, 2009, the new GM has over $40 billion in cash, with the company's reorganized liability total of $48.8 billion which includes $24.4 billion to be paid to the Voluntary Employee Beneficiary Association (VEBA) trust, $9 billion to the U.S. and Canadian governments, and $15 billion in liabilities to suppliers and other bills. GM was bound to pay $10 billion to the VEBA trust in December 2009, with the remainder being paid in increments from 2012-19. GM was not required to make contributions to its pension fund until 2013, but it could elect to if needed, since the company contributed $15.2 billion to its pension fund in 2003. Stock market conditions cause the fund value to fluctuate. In February 2009, GM's combined pension fund had about $85 billion in assets, $56 billion in assets for hourly pensions and $29 billion in assets for salaried pensions. [92]

United States

Through the Troubled Asset Relief Program the US Treasury invested a total $51 billion into the GM bankruptcy. [93] Until December 10, 2013, the U. S. Treasury recovered $39 billion from selling its GM stake. The final direct cost to the Treasury of the GM bailout was $11 [94] -12 billion ($10.5 billion for General Motors and $1.5 billion for former GM financing GMAC, now known as Ally). [95] Local tax incentives amounted to $1.7 billion, most of them in Michigan. [96] [97] A study by the Center for Automotive Research found that the GM bailout saved 1.2 million jobs and preserved $34.9 billion in tax revenue. [95]

2012 suit

In 2012, a trust representing "old" GM's unsecured creditors filed suit in the Southern District of New York against GM over payments made to hedge funds in 2009 in exchange for waiving of claims against GM's Canadian subsidiary. The deal, of which Judge Robert Gerber says he was unaware despite its disclosure in an SEC filing on the day GM sought Chapter 11 protection, could prompt at the time a reopening of the 2009 case. [98]

See also

Related Research Articles

<span class="mw-page-title-main">General Motors</span> American multinational automotive company

General Motors Company (GM) is an American multinational automotive manufacturing company headquartered in Detroit, Michigan, United States. The company is most known for owning and manufacturing four automobile brands: Chevrolet, Buick, GMC, and Cadillac. By total sales, it has continuously been the largest automaker in the United States, and was the largest in the world for 77 years before losing the top spot to Toyota in 2008.

<span class="mw-page-title-main">Hummer</span> American brand of vehicles (1992–2010 and 2020 on)

Hummer is an American brand of pickups and SUVs first marketed in 1992 when AM General began selling a civilian version of the M998 Humvee. Although discontinued in 2010, Hummer returned as a model under GMC in 2020. In 1998, General Motors (GM) purchased the brand name from AM General and marketed three vehicles: the original Hummer H1, based on the military Humvee, as well as the new H2 and H3 models that were based on smaller, civilian-market GM platforms.

<span class="mw-page-title-main">Vauxhall Motors</span> British car company

Vauxhall Motors Limited is a British car company headquartered in Chalton, Bedfordshire, England. Vauxhall became a subsidiary of Stellantis in January 2021, having previously been owned by General Motors since 1925.

<span class="mw-page-title-main">PSA Group</span> Former French automotive manufacturing corporation

Peugeot S.A., trading as Groupe PSA was a French multinational automotive manufacturing company which produced automobiles and motorcycles under the Peugeot, Citroën, DS, Opel and Vauxhall brands. On 18 December 2019, PSA and Fiat Chrysler Automobiles (FCA) announced that they had agreed to the terms of a binding $50 billion merger. On 16 July 2020, both companies announced the new name for their merged operations, Stellantis. The deal closed on 16 January 2021. As of 2022, Stellantis is the fourth largest automaker by sales behind Toyota, Volkswagen Group, and Hyundai Motor Group.

<span class="mw-page-title-main">Cerberus Capital Management</span> U.S. investment management company

Cerberus Capital Management, L.P. is an American global alternative investment firm with assets across credit, private equity, and real estate strategies. The firm is based in New York City, and run by Steve Feinberg, who co-founded Cerberus in 1992, with William L. Richter, who serves as a senior managing director. The firm has affiliate and advisory offices in the United States, Europe and Asia.

<span class="mw-page-title-main">General Motors Europe</span> Europes division of General Motors

General Motors Europe was the European subsidiary of the American automaker General Motors ("GM"). The subsidiary was established by GM in 1986 and operated 14 production and assembly facilities in 9 countries, and employed around 54,500 people. GM's core European brands were Vauxhall and Opel, which both sell much the same range of cars in different markets. GM also owned the Swedish brand Saab until early 2010 and sold Chevrolet models between 2005 and 2015. The U.S. brand Cadillac is imported into Europe in small quantities. In 2009, General Motors (GM) announced to move its European headquarters from Zürich, Switzerland to Rüsselsheim, Germany to strengthen its German subsidiary Opel.

<span class="mw-page-title-main">Plastech Engineered Products</span> Automotive parts supplier

Plastech Engineered Products was a tier-1 automobile supplier headquartered in Dearborn, Michigan. It was long the largest woman-owned company in the state of Michigan. Plastech started in 1988 with the purchase of a single injection molding facility in Caro, Michigan. The company subsequently grew rapidly through a mixture of organic growth and acquisitions, the most notable of the latter being the purchase of United Screw and Bolt in 1997 and LDM Technologies in 2004. In 2007 Plastech took over four plants and sales of US$700 million from Johnson Controls, bringing annual sales to US$1.7 billion. Plastech's customers included General Motors, Ford Motor Company, Chrysler, and Johnson Controls.

In the United States automotive industry, the term Big Three is used for the country's three largest motor vehicle manufacturers, especially indicating companies that sell under multiple brand names.

<span class="mw-page-title-main">History of General Motors</span>

The history of General Motors (GM), one of the world's largest car and truck manufacturers, dates back more than a century and involves a vast scope of industrial activity around the world, mostly focused on motorized transportation and the engineering and manufacturing that make it possible. Founded in 1908 as a holding company in Flint, Michigan, as of 2012 it employed approximately 209,000 people around the world. With global headquarters at the Renaissance Center in Detroit, Michigan, United States, General Motors manufactures cars and trucks in 35 countries. In 2008, 8.35 million GM cars and trucks were sold globally under various brands. Current auto brands are Buick, Cadillac, Chevrolet, GMC, Baojun, and Wuling. Former GM automotive brands include LaSalle, McLaughlin, Oakland, Oldsmobile, Opel, Pontiac, Hummer, Saab, Saturn, Vauxhall, Daewoo, and Holden.

The 2008–2010 automotive industry crisis formed part of the 2007–2008 financial crisis and the resulting Great Recession. The crisis affected European and Asian automobile manufacturers, but it was primarily felt in the American automobile manufacturing industry. The downturn also affected Canada by virtue of the Automotive Products Trade Agreement.

<span class="mw-page-title-main">Effects of the 2008–2010 automotive industry crisis on the United States</span>

Beginning in the latter half of 2008, a global-scale recession adversely affected the economy of the United States. A combination of several years of declining automobile sales and scarce availability of credit led to a more widespread crisis in the United States auto industry in the years of 2008 and 2009.

The Presidential Task Force on the Auto Industry was an ad hoc group of United States cabinet-level and other officials that was formed by President Barack Obama to deal with the financial bailout of automakers Chrysler and General Motors.

<span class="mw-page-title-main">Ron Bloom</span> American government official (born 1955)

Ron Bloom is an American economic advisor who served as a senior official in the Obama Administration from February 2009 to August 2011. This included working as the Assistant to the President for Manufacturing Policy between February 2011 and August 2011, in the Department of the Treasury as a senior advisor to the Secretary of the Treasury, as a member of the President's Task Force on the Automotive Industry, and as senior counselor to the president for manufacturing policy. From 1996 to 2008, Bloom served as special assistant to the president of the United Steelworkers. Bloom also worked for the investment banking firm Lazard on two occasions, the second as Vice Chairman, U.S Investment Banking. Bloom is the vice chair and a managing partner of Brookfield Asset Management and served as chairman of the Board of Governors of the United States Postal Service.

Chrysler Chapter 11 reorganization was the petition for bankruptcy on April 30, 2009 of Chrysler car company and 24 of its affiliated subsidiaries with the federal bankruptcy court in New York. The court filing occurred upon failure of the company to come to an agreement with its creditors for an outside-of-bankruptcy restructuring plan, by the April 30 deadline mandated by the federal government.

Indiana State Police Pension Trust v. Chrysler LLC was a lawsuit brought in United States federal court June 2009 by several pension funds against Chrysler LLC and the United States Department of the Treasury, to block the planned sale of Chrysler LLC assets to a "New Chrysler" entity in the Chrysler bankruptcy.

<span class="mw-page-title-main">Automotive industry in the United States</span>

In the United States, the automotive industry began in the 1890s and, as a result of the size of the domestic market and the use of mass production, rapidly evolved into the largest in the world. The United States was the first country in the world to have a mass market for vehicle production and sales and is a pioneer of the automotive industry and mass market production process. During the 20th century, global competitors emerged, especially in the second half of the century primarily across European and Asian markets, such as Germany, France, Italy, Japan and South Korea. The U.S. is currently second among the largest manufacturers in the world by volume.

<span class="mw-page-title-main">History of Chrysler</span>

The history of Chrysler involves engineering innovations, high finance, wide alternations of profits and losses, various mergers and acquisitions, and multinationalization. Chrysler, a large automobile manufacturer, was founded in the 1920s and continues under the name Stellantis North America.

<span class="mw-page-title-main">Motors Liquidation Company</span> American automotive company

Motors Liquidation Company (MLC), formerly General Motors Corporation, was the company left to settle past liability claims from Chapter 11 reorganization of American car manufacturer General Motors. It exited bankruptcy on March 31, 2011, only to be carved into four trusts; the first to settle the claims of unsecured creditors, the second to handle environmental response for MLC's remaining assets, a third to handle present and future asbestos-related claims, and a fourth for litigation claims.

Pre-packaged insolvency is a kind of bankruptcy procedure, where a restructuring plan is agreed upon in advance of a company declaring its insolvency. In the United States pre-packs are often used in a Chapter 11 filing. In the United Kingdom, pre-packs have become popular since the Enterprise Act 2002, which has made administration the dominant insolvency procedure. Such arrangements are also available in Canada under the Companies' Creditors Arrangements Act.

The Canadian auto industry is closely linked to the U.S., due to the Automotive Products Trade Agreement and later the North American Free Trade Agreement (NAFTA), and is in similar trouble. Canada's 3,500 car dealers, which employ 140,000 people, told the federal and Ontario governments in mid-November they are at risk from the financial crisis; they are asking the national government to help out despite a record year of sales. Ottawa is considering providing financial aid to the Canadian subsidiaries of the Big Three, and possibly auto parts companies as well. The auto industry argued that loan guarantees and other help would try to save tens of thousands of Canadian jobs threatened by the sudden drop in North American car sales. Chrysler Canada has asked for $1 billion in aid, making it the only Canadian arm of the Big Three to make a specific dollar request.

References

  1. 1 2 3 GM 363 Asset Sale Approved by U.S. Bankruptcy Court July 6, 2009. Accessed September 8, 2012.
  2. 1 2 3 4 5 6 "GM Announces Agreement with U.S. Treasury and Canadian Governments Providing Fast Track to Competitive Future for "New GM"" (Press release). General Motors. June 1, 2009. Archived from the original on June 7, 2009. Retrieved July 15, 2009.
  3. 1 2 "Debtors Motion to Approve the Sale Pursuant to the Master Sale and Purchase Agreement with Vehicle Acquisition Holdings, LLC, a U.S. Treasury-sponsored Purchaser, Free and Clear of Liens, Claims, Encumbrances, and Other Interests" (PDF). Court Documents and Claim Register, 363 Transaction Pleadings. General Motors Corporation. June 1, 2009. Retrieved June 3, 2009.[ permanent dead link ]
  4. 1 2 Beck, Rachel (June 2, 2009). "Corporate Bankruptcy: What Investors Need to Know: When debts outweigh assets, as with GM and Chrysler, protection can help businesses reorganize or liquidate. A guide to bankruptcy's risks and rewards". Business Week. Associated Press. Archived from the original on June 12, 2009. Retrieved June 3, 2009.
  5. G.M. Wins Final Approval of DIP Financing
  6. "The 10 largest U.S. bankruptcies". CNNMoney.com. Cable News Network. June 1, 2009. p. General Motors. Retrieved June 2, 2009.
  7. 1 2 3 4 Sandler, Linda; Chris Scinta; Bob Van Voris; Jeff Green (June 1, 2009). "GM Files Bankruptcy to Spin Off More Competitive Firm (Update4)". Bloomberg.com. Bloomberg LP. Retrieved June 1, 2009.
  8. Sanger, David E.; Jeff Zeleny; Bill Vlasic (May 31, 2009). "G.M. to Seek Bankruptcy and a New Start: A Risky Bet to Save an Icon of American Capitalism". The New York Times . Retrieved June 1, 2009.
  9. Sanger, David E. (May 31, 2009). "G.M. to Seek Bankruptcy and a New Start". The New York Times . Retrieved June 1, 2009.
  10. Maynard, Micheline (May 29, 2009). "After 93 Years, G.M. Shares Go Out on a Low Note". The New York Times . Retrieved June 1, 2009.
  11. "Worthless GM stock will keep trading, but not on NYSE". Los Angeles Times. June 1, 2009. Retrieved July 10, 2009.
  12. 1 2 3 4 5 Stoll, John D., and Neil King Jr. (July 10, 2009).GM Emerges From Bankruptcy.The Wall Street Journal. Retrieved on July 10, 2009.
  13. 1 2 3 "Obama: GM bankruptcy viable, achievable - Autos- NBC News". NBC News. May 31, 2009. Retrieved June 1, 2009.
  14. 1 2 3 Tkaczyk, Christopher (June 1, 2009). "The 10 Largest U.S. Bankruptcies: From Lehman to Texaco, the Mighty Have Fallen, Taking Down Billions and Billions with Them". money.cnn.com. Fortune. Retrieved June 1, 2009.
  15. 1 2 3 Stoll, John D., and David McLaughlin (July 2, 2009).General Motors Aims for IPO Next Year.The Wall Street Journal. Retrieved on July 10, 2009.
  16. General Motors (November 16, 2009). "General Motors Announces the New Company's July 10-September 30 Preliminary Managerial Results" (Press release). Retrieved September 8, 2012.
  17. General Motors Corp. (2005). "GENERAL MOTORS CORPORATION - Form 10-K". p. II–53. Retrieved June 1, 2009.
  18. Wearden, G. (May 28, 2009). "General Motors - countdown to collapse". The Guardian . London. Retrieved May 29, 2009.
  19. Usborne, D. (November 14, 2008). "The Big Question: Why is General Motors in such trouble, and can it be saved?". The Independent . London. Archived from the original on January 1, 2009. Retrieved May 29, 2009.
  20. Gow, D. (November 8, 2008). "We'll go bust without bail-out or merger, says General Motors". The Guardian . London. Retrieved May 29, 2009.
  21. Detroit Chiefs Plead for Aid. New York Times on November 18, 2008.. Retrieved November 21, 2008.
  22. General Motors Restructuring Plan for Long-Term Viability
  23. David E. Sanger; David M. Herszenhorn; Bill Vlasic (December 19, 2008). "Bush Aids Detroit, but Hard Choices Wait for Obama". The New York Times . Retrieved September 19, 2009.
  24. Clark, A. (March 30, 2009). "Obama threatens US car industry with bankruptcy". Guardian. London. Retrieved May 29, 2009.
  25. "GM chief out in bailout shakeout". CNNMoney.com. March 30, 2009. Retrieved September 19, 2009.
  26. "'Bankruptcy likely' for General Motors". The Independent . London. May 27, 2009. Retrieved May 29, 2009.
  27. "GM Bondholders Seek 58% Equity Stake With Debt Offer". Bloomberg. April 30, 2009. Retrieved October 12, 2009.
  28. "US begins GM bankruptcy planning". BBC. May 28, 2009. Retrieved May 29, 2009.
  29. Hipwell, Deirdre (May 22, 2009). "US 'to steer General Motors into bankruptcy next week'". The Times. London. Archived from the original on June 12, 2011. Retrieved May 29, 2009.
  30. CNN, 31 May 2009, General Motors on the brink
  31. "Gannett and the Side Effects of Default Swaps". The New York Times. June 23, 2009. Retrieved January 3, 2010.
  32. "Protecting GM from Credit Default Swap Holders". Firedoglake. May 14, 2009. Retrieved July 14, 2009.
  33. "Obama Administration's New Warranty Commitment Program" (PDF). Press Release (Press release). United States Department of the Treasury. March 30, 2009. Archived from the original (PDF) on October 20, 2012. Retrieved September 9, 2012.
  34. "President Obama's remarks on U.S. car industry". Yahoo! News. Reuters. March 30, 2009. Archived from the original on April 3, 2009.
  35. General Motors Corporation (June 1, 2009). "Form 8-K General Motors Corporation: Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant (May 27, 2009)". EDGAR. Securities and Exchange Commission. Retrieved September 6, 2012.
  36. "Germany picks Magna to save Opel". BBC News. May 30, 2009.
  37. Weber, Tim (May 30, 2009). "Analysis: Opel's survival still at stake". BBC News.
  38. Vlasic, Bill (November 3, 2009). "G.M. Decides to Keep Opel, Its European Unit". The New York Times . Retrieved November 3, 2009.
  39. "PSA targets Opel turnaround as GM exits Europe". Reuters. March 6, 2017. Retrieved March 1, 2018.
  40. Moreano, Giovanny (March 7, 2017). "JPMorgan likes GM's exit from Europe, predicts rally on Opel sale". CNBC. Retrieved March 8, 2017.
  41. 1 2 John Hughes; Caroline Salas; Jeff Green; Bob Van Voris (June 1, 2009). "GM Begins Bankruptcy Process With Filing for Affiliate". Bloomberg.com. Archived from the original on June 13, 2010.
  42. Glater, Jonathan (June 1, 2009). "Judge in Case Is Known for His Brisk Approach". The New York Times . Retrieved September 9, 2012.
  43. Tom Hals; Martha Graybow (June 1, 2009). "GM bankruptcy forever linked to Harlem dealership". Reuters.
  44. Jeremy Smerd (June 1, 2009). "General Motors' Workforce Faces Big Cuts at an 'Unadulterated Speed'". Workforce Management. Crain Communications Inc. Archived from the original on June 2, 2009.
  45. Joseph B. White (June 2, 2009). "For the New GM, A Final Challenge to Please Drivers". Wall Street Journal Online. Dow Jones & Company.
  46. 1 2 Edvard Pettersso (June 2, 2009). "General Motors Asks Judge to Void Seven Corporate Jet Leases". Bloomberg.com. Archived from the original on January 22, 2009. Retrieved June 2, 2009.
  47. 1 2 3 4 5 Emily Chasan; Phil Wahba (June 1, 2009). "GM asks for bankruptcy sale in 30 days". Reuters.
  48. 1 2 3 4 5 6 Christopher Scinta (June 2, 2009). "GM Wins Approval of $15 Billion Loan, Auction Plan (Update1)". Bloomberg.com. Archived from the original on January 23, 2009. Retrieved June 2, 2009.
  49. James Quinn (June 1, 2009). "GM files for Chapter 11 bankruptcy protection". The Daily Telegraph . London.
  50. 1 2 3 4 5 Maynard, Micheline (July 10, 2009). "A Primer on the New General Motors". The New York Times . Retrieved July 10, 2009.
  51. Smith, Aaron (June 2, 2009). "Who bought Hummer? Sichuan Tengzhong of China". CNN. Retrieved March 30, 2010.
  52. "BREAKING: GM officially sells Hummer to China's Sichuan Tengzhong".
  53. Sichuan Tengzhong (Official statement)
  54. "Channelnewsasia.com - GM studying new offers for Hummer". www.channelnewsasia.com. Archived from the original on March 1, 2010. Retrieved January 17, 2022.
  55. Goldman, David; Valdes-Dapena, Peter (June 5, 2009). "GM to sell Saturn to Penske". CNN. Retrieved March 30, 2010.
  56. Goldstein, Steve (June 16, 2009). "GM, Koenigsegg reach tentative Saab deal". MarketWatch.com. Retrieved June 16, 2009.
  57. "Saab story: Sale to Koenigsegg falls apart, GM may kill brand". USAToday.com. November 24, 2009. Retrieved December 4, 2009.
  58. "Saab Sale Dead As Koenigsegg Group Terminates Purchase". MotorAuthority.com. Archived from the original on January 29, 2013. Retrieved November 24, 2009.
  59. Godt, Nick (June 1, 2009). "Bankruptcy ends GM's 84-year ride in blue-chip index". MarketWatch. Wall Street Journal. Archived from the original on January 28, 2013. Retrieved September 8, 2012.
  60. 1 2 General Motors Company and Subsidiaries Supplemental Material". Retrieved on September 9, 2012.
  61. 1 2 3 4 de la Merced, Michael (July 10, 2009). "With Sale of Good Assets, G.M. Out of Bankruptcy". New York Times. Retrieved July 10, 2009.
  62. "GM plans to exit bankruptcy this week". Xinhua. July 7, 2009. Archived from the original on February 4, 2015. Retrieved September 9, 2012.
  63. Stoll, John D.; David McLaughlin (July 2, 2009). "General Motors Aims for IPO Next Year". Wall Street Journal. Retrieved July 10, 2009.
  64. Evarts, Eric (June 23, 2009). "Consumer groups object to GM bankruptcy". Consumer Reports. Archived from the original on June 26, 2009. Retrieved July 12, 2009.
  65. Harrison, Edward (June 10, 2009). "Is the GM section 363 Bankruptcy Plan Really a Stealth Re-organization Plan?". Naked Capitalism. Retrieved July 12, 2009.
  66. Beene, Ryan (April 1, 2009). "How a 'Section 363' sale creates a new GM". Automotive News. Crain Communications, Inc. Retrieved July 12, 2009.
  67. 11 U.S.C. ch. 3,subch. IV
  68. Isidore, Chris (July 10, 2009). "GM out of bankruptcy as new company is formed - Jul. 10, 2009". Money.cnn.com. Retrieved July 13, 2009.
  69. "GM gets 5 new board members appointed by U.S., Canadian governments". Motor Authority. July 25, 2009. Archived from the original on May 12, 2013. Retrieved September 6, 2011.
  70. 1 2 "General Motors: A Reorganized Brand Architecture for a Reorganized Company « Merriam Associates, Inc. Brand Strategies". Archived from the original on June 4, 2012. Retrieved December 4, 2010.
  71. Woodyard, Chris (August 26, 2009). "General Motors to remove its 'Mark of Excellence' logos from new cars". USA Today.
  72. "Approaches to Brand Architecture « Merriam Associates, Inc. Brand Strategies". Archived from the original on December 5, 2010. Retrieved December 4, 2010.
  73. Reports: Chrysler, GM discuss merger, acquisition
  74. Bloomberg.com GM Says It May Run Out of Operating Cash This Year (Update2) By Jeff Green and Mike Ramsey
  75. "GM considering Chapter 11 filing, new company: report | U.S". Reuters. February 14, 2009. Retrieved June 1, 2009.
  76. Dougherty, Carter; Maynard, Micheline (February 20, 2009). "Saab Distances Itself from GM". New York Times.
  77. Langlois, Shawn; Goldstein, Steve (March 5, 2009). "GM, auditor express doubts over survival". MarketWatch.
  78. Tom Krisher (March 5, 2009). "GM's Auditors Raise the Specter of Bankruptcy". Yahoo! Finance.[ permanent dead link ]
  79. "GM says it doesn't need $2B from government - Autos- NBC News". NBC News. March 12, 2009. Retrieved June 1, 2009.
  80. Stolberg, Sheryl Gay; Vlasic, Bill (March 30, 2009). "U.S. Lays Down Terms for Auto Bailout". New York Times.
  81. President Obama's remarks on U.S. auto industry, March 30, 2009
  82. "Obama: GM Gets 60 Days to Restructure, Otherwise Quick Surgical Bankruptcy | GM-VOLT : Chevy Volt Electric Car Site". Gm-Volt. Retrieved June 1, 2009.
  83. "Detroit Free Press. April 22, 2009". Archived from the original on April 27, 2009. Retrieved December 13, 2009.
  84. Valdes, Peter (April 24, 2009). "GM to pull the plug on Pontiac car brand - Apr. 24, 2009". Money.cnn.com. Retrieved June 1, 2009.
  85. "Not So Fast, Fiat: Russians Interested in Opel, Too". Auto Observer. May 6, 2009. Retrieved June 1, 2009.
  86. "Fiat targets GM unit". Winston-Salem Journal. May 5, 2009. Archived from the original on August 20, 2012. Retrieved September 9, 2012.
  87. "GM ends 25-yr-old joint venture with Toyota to build cars, trucks at Calif. plant". Los Angeles Times. Archived from the original on July 2, 2009. Retrieved June 30, 2009.
  88. 1 2 3 4 "MLC General Unsecured Creditors Trust". Motors Liquidation Company. July 10, 2009. Retrieved July 10, 2009.[ permanent dead link ]
  89. "GM Expected to Emerge from Bankruptcy by Friday". FOX News. July 9, 2009. Archived from the original on July 10, 2009. Retrieved July 10, 2009.
  90. Chris Isidore (July 10, 2009). "'New' GM is Born". cnn. Retrieved October 25, 2011.
  91. "Howes: GM's 20-year global plan unraveling". detnews.com. March 5, 2009. Retrieved June 1, 2009.
  92. Burr, Barry S. (February 23, 2009).GM's pension fund. Pensions & Investments. Retrieved on July 15, 2009.
  93. USA today, Government sells last of its GM shares, December 10, 2013
  94. "U.S. government says it lost $11.2 billion on GM bailout". Reuters. April 30, 2014. Retrieved August 19, 2016.
  95. 1 2 Healey, James R. (December 10, 2013). "Government Sells Last of Its GM Shares". USA Today. Retrieved January 18, 2014.
  96. "As Companies Seek Tax Deals, Governments Pay High Price". The New York Times . December 1, 2012. Archived from the original on April 8, 2016. Retrieved May 29, 2016.
  97. "UNITED STATES OF SUBSIDIES, General Motors". The New York Times . December 1, 2012. Retrieved May 29, 2016.
  98. Checkler, Joseph (September 27, 2012). "Creditor Lawsuit Could Undo Elements of 2009 GM Bailout". The Wall Street Journal. Retrieved February 15, 2013.