Unsecured Trade Creditors

GM Creditors Appeal $1.5 Billion Fight with JPM, Lenders

March 11, 2013

Unsecured creditors of General Motors Co are appealing a defeat in a $1.5 billion fight with the company's lenders that shows the potentially drastic implications of a paperwork error, Reuters reported on Friday. Through an appeal lodged on Thursday in bankruptcy court, the creditor group continued a three-year fight over whether lenders, led by JPMorgan Chase & Co, should have to pay for accidentally filing a financing document that may have terminated their lien on GM's assets. After the automaker, or "Old GM," filed for bankruptcy in 2009, its best assets were sold to the new General Motors Co. The remainder of the company was liquidated for the benefit of creditors, who have been litigating various matters in hopes of recovering money. In this case, the creditor group claimed JPMorgan and a host of other holders of a syndicated $1.5 billion term loan may have terminated their lien on GM's assets, resulting in unsecured creditors being entitled to at least a portion of those assets. In a March 1 opinion, Bankruptcy Judge Robert Gerber explained that, as part of a process to terminate a lien on an unrelated loan, GM and JPMorgan accidentally submitted a filing under Uniform Commercial Code guidelines whose language effectively nixed the lien for the term loan.

Michigan Balks at A123’s Creditor Payout Plan

March 8, 2013

Michigan’s attorney general is objecting to bankrupt A123 Systems Inc.’s plan on how to pay back its creditors, saying that it calls for the improper transfer of $125 million in tax credits provided by the state, Reuters reported yesterday. The objection represents the latest wrinkle in a difficult and politically charged chapter 11 process for A123, the lithium-ion car battery maker that got $249 million in federal grants. Michigan Attorney General Bill Schuette filed his objection on Wednesday in bankruptcy court, reiterating concerns he first raised in November over the proposed credit transfer. The company is seeking to shift $125.3 million in Michigan tax credits to the U.S. unit of Wanxiang Group, which acquired Waltham, Mass.-based A123 in January. Michigan had provided the credits in 2009 as incentives for A123 to construct facilities in the state and create jobs for Michigan residents. A123 made headlines again in January, when its $260 million deal to sell itself to Wanxiang’s U.S. unit was met with warnings from some lawmakers that the deal would transfer sensitive technology developed with U.S. government money to a foreign-owned company. The U.S. government approved the deal on Jan. 28. The case is A123 Systems Inc., U.S. Bankruptcy Court, District of Delaware, No. 12-12859.