The Bell Tolls For The Automakers

News out of Washington this morning that the Obama administration is telling GM and Chrysler's creditors that the American taxpayer needs to be first in line to be paid back...or they'll force both firms into bankruptcy to do so.

General Motors Corp. and Chrysler LLC may have to be forced into bankruptcy by the U.S. government to assure repayment of $17.4 billion in federal bailout loans, a course of action the automakers claim would destroy them.

U.S. taxpayers currently take a backseat to prior creditors, including Citigroup Inc., JPMorgan Chase & Co. and Goldman Sachs Group Inc., according to loan agreements posted on the U.S. Treasury’s Web site. The government has hired a law firm to help establish its place at the front of the line for repayment, two people involved in the work said last week.

If federal officials fail to get a consensual agreement to change their place in line for repayment, they have the option to force the companies into bankruptcy as a condition of more bailout aid. The government would finance the bankruptcy with a so-called “debtor in possession” or DIP loan, a lender status that gives the U.S. priority over other creditors, said Don Workman, a partner at Baker & Hostetler LLP.

“They are negotiating to see if they can reach an agreement,” said Workman, a bankruptcy lawyer based in Washington. “If not, they are saying ‘We are pretty darn sure that a bankruptcy judge will allow us’” to be first in line for repayment.

GM shares traded in Germany rose 2.5 percent to the equivalent of $2.91 as of 12:07 p.m. in Frankfurt. Ford Motor Co., the second-largest U.S. carmaker, advanced 0.5 percent to $1.95. Ford has declined government bailout funds so far.

It annoys me greatly that while the government can take a hardball approach to the carmakers, they refuse to do the same for banks.

Why not get our TARP money back?

Oh that's right. The banks are insolvent.