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Today's Nuze

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

Nobody's listening.

THOSE DISGUSTING ANTI-AMERICAN SECURED CREDITORS

By
Neal Boortz
@ May 4, 2009 8:29 AM
Permalink | Comments (95) | TrackBacks (0)

You've read, no doubt, about the Chrysler bankruptcy. Have you read, though, of how Obama used his power as president to demonize and browbeat some of the people to whom Chrysler owed money? I've been saying for years that despotic politicians depend on the ignorance of the American people to work their schemes and protect their positions of privilege and power. The behind the scenes goings-on are a brilliant case in point.

Now I'm not trying to insult anyone here, but permit me to couch this bit in terms that the victims (though they aren't aware of their victimhood) of our government education system can grasp. Getting down to basics is necessary for as many people as possible to understand how our anti-capitalist president has possibly turned business lending on its ear. If you think I'm stating the case wrongly here you're welcome to chime in with a comment. (You do see the "comments" link, don't you?)

There are two kinds of people in the world: People who divide the people in this world into two types, and those who don't. There are also two types of loans. You have secured loans, and unsecured loans. The terms under which you borrow or lend the money will depend on large part whether the loan is secured or unsecured. The difference: With a secured loan the borrower has put up something of value that he owns as security to ensure his payment. If he doesn't pay, the lender can perfect his security interest on that item of value. The most common examples would be real estate loans and car loans. You put up either the car or your house as security for the loan, and if you don't pay the lender sends out some huge tattooed menace to repossess your car or a pot bellied Sheriff with aviator sunglasses to foreclose on your home.

If you put up nothing but your good reputation and credit history as security for the loan, well that would make your loan unsecured.  Good reputations and credit histories tend to be worthless when economic times get rough. 

When you're lending other people's money and you owe those people a  duty to do everything you can to make sure the loan is paid back, with interest.  In many cases the lender is actually a corporation and the corporate officers loaning the corporate money have a responsibility to corporate shareholders to keep their investments safe. 

Loans, like talk show hosts, have a pecking order. (I'm one of the smaller peckers out there). When a borrower goes Tango Uniform the lenders line up to get their money out of the carcass ... usually through a bankruptcy procedure. The secured lenders go first. The unsecured creditors go last. This is as it should be. What good is getting security for your loan if you know that when you get to a liquidation of your borrower through bankruptcy you're going to have to wait until some unsecured lenders get made whole. Let's expand this a bit. Let's say a corporation or business comes to you for a loan. It doesn't matter for what: Maybe they want to expand, add jobs, develop a new product. Doesn't matter. They want money; you have money ... and you're trying to make a deal. You, the lender, have a responsibility to your shareholders, so you're going to insist on security for the loan. No security - no loan. You're also going to want to know that in the event of a meltdown you loan is going to be given priority over all of the unsecured loans your borrow may have. Without that assurance you're not likely to make the loan.

OK .. why all of these basics? That would be because they all come into play in this Chrysler bankruptcy. The two warring parties here were bondholders and unions. Chrysler owes money to bondholders. Those loans are secured. Chrysler also owns money to union pension funds. Those obligations are not secured. Enter, politics. Unions are a lot more important to a Democrat president than are bondholders. After all, bondholders are mere investors ... and they are more likely to be wealthy than the retired union members. That, of course, makes them evil.

So ... this appears to be how the Chrysler bankruptcy is going to shake out. The union pension funds are going to get priority over the bondholders. In other words, unsecured creditors will get preference over secured lenders. Cats and dogs sleeping together. Not only will the unsecured union pension plans get priority, Obama and his minions did no small amount of demonizing the secured lenders in the process.

Some of the secured lenders - those not under the thumb of the Obama administration because they took TARP funds - balked at Obama's plan. They were secured Chrysler lenders, and secured lenders they wished to remain. Obama demagogued these secured lenders by saying "I stand with Chrysler's employees and their families and communities" and not "those who held out when everybody else is making sacrifices." So there you go. If you want to enforce your security interest - if you want your money back -- you're against Chrysler's employees and families. Everyone else is making sacrifices and you don't want to. Hey ... wait a minute here. Are we forgetting that these people have obligations to their shareholders?

OppenheimerFunds is one of those secured creditors. They issued a statement saying "Our holdings in secured Chrysler debt are entitled to priority in long-established U.S. Bankruptcy law, and we are obligated to our fund shareholders to support agreements that respect these laws." How do you go to your shareholders and tell them that you've just flushed a bunch of their money down the crapper because you wanted to stand by Chrysler's families and communities? Other liberals also have a name for the secured creditors. They call them "vultures." You'll also hear the word "greedy" Obama called them "speculators," a word that doesn't carry a positive image with the dumb masses. That's Obama for you. Investors are evil. They're "speculators!" They're greedy because they want their loans repaid. Only in the anti-capitalist mind of a liberal moonbat would you hear such asinine language.

Yesterday afternoon we got news that the Obama White House threatened to destroy the reputation of a particular investment bank if they didn't cave in and go along with Obama's bankruptcy plan for Chrysler. How? By calling them traitors and vultures? That's been done already.

OK ... so what's going to happen now? Two things:

First: Some of Chrysler's secured creditors are going to object to the Obama-negotiated bankruptcy plan. They will fulfill their obligation to their shareholders, as they should, and try to get the favored treatment from the bankruptcy court usually reserved for secured creditors; and for standing by the rule-of-law they will be called every but Children of God. The anti-capitalist crowd will use these creditor hold-outs to demonize the financial sector in general and to promote the cause of even more government control.

Second: Lenders are going to be very careful in their lending decisions. What lender, for instance, will want to buy any bonds in any company that might end up a protectorate of the federal government? Who would want to loan that company any money? You want security for your loan, and you don't want political hacks demagoguing you if you actually try to foreclose on your security interest. Under this standard businesses - especially businesses in a wee bit of trouble - are going to have a rougher time getting needed financing.

Here's a scenario from you. A manufacturing concern is in trouble. If they don't get some financial help to make it through a rough spot they're going to tank, and about 2000 workers are going to lose their jobs. The manufacturing company goes to an investment bank and seeks a loan. As security for the loan the manufacturing company offers a lien on its buildings, corporate aircraft and manufacturing equipment. The lender, though, says no. The company is in trouble and there is a possibility that the loan might not be repaid. Under the new Obama scenario the government might step in and prevent the lender from foreclosing on its security interest in land, buildings and equipment. The government might decide that all of the company's assets should be sold in bankruptcy and the funds dedicated to the unsecured pension obligations to the 2000 workers. Result? Since the normal rules about secured and unsecured credit don't really apply any more, the lender declines the loan. We'll be in a situation where the best way for a company to get a loan is to prove to the lender that they don't need the money. This will all work out well for Obama, of course, because if the ailing company can't get the private sector financing ... where is there to go? Why, to the government, of course!

OK ... a bit wordy. But you need to know just how having a dedicated anti-capitalist in office works. Good for those who love government. For those who don't ... not so good.



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What others are saying

  • Secured Loans!
    Neal,

    You couldn't be MORE correct. The housing industry is another PERFECT example, especially Fannie Mae & Freddie Mac. Neal I am 55 yeard young now and when I was 12 one of my classmates father called his son, me, and my Brother in to his home office (he was an Insurance salesman) and told us that the way the Federal Government was getting more and more involved with our state run education systems that by the time we are his age the young men a women of this country will be some DUNMBED DOWN that they want even know how to balance a check book..........How right he was. Mr. Osborne is gone now and probably better for it because the mess this country is in right now probably would've killled him anyway. God Bless and HELP America and save us from this SOCIALIST in the White House.

    Respectfully,

    Roger Daniell
    Kingsland, GA
  • Chrysler
    syc is clueless. The government, regardless if it's Obama or the state of Michigan, has no right to destroy the sanctity of a contract for any reason. Chrysler is no different than any one of countless companies that have gone into chapter 11 and I could care less about how many workers are affected. That information is simply irrelevant. If private property is to be respected than Chrysler must be restructured through the bankrupcy laws and courts and unsecured debt gets last pickings. SYC, if you want to live in a country where the government coerces private business into submission, go live in the workers' paradises of Cuba or Venezuela.
  • Strange goals, this administration
    It's obvious that Obama prefers to rule over a poor nation rather than govern a rich one. Odd.
  • unsecured vs secured loan bailout
    I see this current system of turning about the banking and loan industry's historically fair and correct way of doing business as a blantant slap in the face of all responsibe borrowers and lenders. It is the last ditch attempts of those who believe in bigger government to control the very lives and properties of all citizens and their business operations, and it sems to be working. It is the old DEMONacrat phylosophy that the government owns all and only doles out ot the people what they, the government, deems necessary for them to continue to exist. Sound familiar? It should. It is nothing more than the old Marxist doctrine that only Communism is the true way of life and governing, renewed in a formerly Constitutional Republic, soon to be just another form of Democratic Republic where the government owns all, including your life and work and property to do with as it deems proper by those dictatorial persons in the seats of power and the only ones with the guns to back it up.
  • SYC
    Well of course the lawmakers are not going to blame themselves!

    "Michigan lawmakers blamed hedge funds – not the Obama administration – for forcing Chrysler into bankruptcy proceedings."

    That really was not a good point.
  • Chrysler pension
    Chrysler was saved, back in the '70s' mainly because the gov't was on the hook for the pension. Why were they never required to fund the "plan"?Just as an example, AT&T has a fully funded pension which grows every year, even after payouts!
  • Chrysler Bankruptcy
    An exellent article, too the entire country isn't reading it.

    Along time ago I ask what the difference was between the 2 major political parties. BAsically, I was always told that the Democratic party was the party of the working people and the REpublican Party was the party of "Big Business". AFter a few years of pondering on this information, I determined that the Democratic Party couldn't do anything for the working man (increasing taxes on those evil rich people) without it backfiring and costing the working people in the end. The Republican Party wasn't going to do anything in favor of the working man because they had to take care of those "ecile rich bastards". Well, It appeared that the working man would be better off taking care of himself and not counting on either party for help.

    Here's the thing, no matter whither we like it or not, if the wealthy of society don't get what they want, the rest of us less wealthy aren't going to get what we want. And the less wealthy will suffer allot more from not getting what we want, than the more wealthy folks will.

    Those "evil rich" folks have enough money they don't have to make any more. If they liquidated all their investments and ceased creating income for themselves they would still have enough money to live very comfortably. But if they did stop investing, the rest of us would be out of jobs and our incomes would cease. Would we have enough money to live comfortably without creating more income? Most of us would start getting might hungry very quickly. OK, maybe the Amish wouldn't be effected so much. But the rest of us would suffer dearly.

    Obama has spent his first 100 days as President, doing everything he can to destroy the economy of the country. He is NOT going to get away with it. If I end up unemployed, it's going to be open season on liberals in this country.
  • Bla
    I have been buying jeeps for years, my wife GM. Well we finally almost have the GMC envoy paid off but guess what, we are trading that piece of crap in for a mercedes benz. That's right I said it! As for the jeeps, this will be the last one that I buy, and it will be paid off in a year.
  • You Missing the Point, Brilliant Move
    Obama purposive the bankruptcy deal knowing the Judge must over rule the plan. The Unions and Dems will raise hell. Obama will use this as justification to appoint an activist judge to the Supreme Court. The press will eat it up.
  • oops
    Jacob, I guess you've never been guilty of a typo. Oh well, we can't all be perfect like you. At least, I know how to properly construct and punctuate a sentence...including starting it with a capital letter (unlike the t-shirt dr.). FYI, I did go to school. Yes, it was a government school. I then "went" to a government university where I "went" on to earn an engineering degree. I'm sorry to disappoint you dude. I'm no idiot. I'm only guilty of typing too fast and not proofreading my work. Instead of finding fault with someone's comment and insulting the author, why don't you try to make an intelligent and pertinent comment? BTW, I make not promises that there are no goofs in this note. So, if you find one, don't bother to comment. It just makes you look petty. I probably sound like a hypocrite. So freaking what, I take offence to being called an idiot when I obviously made a simple typographical error.
  • First Decision
    The first decision made in this elaborate breakdown is the bank made a decision to lend money. Money that it only held 10% of but made the loans on the speculation of profit. The economy goes bad, chrystler borrows money from TAX PAYERS, billions of dollars, and when time to foreclose on the business and secure money for those "TAX PAYERS" who are now demoralized to dumb masses, you want the shareholders to lose their play money over someone's livelihood? It will become a division of have and have nots, not capitalism and socialism. Go live on the streets or get your house foreclosed and see how you feel. KNeel Boortz, what a cool name. Sorry, had to add that in.
  • Chrysler Bankruptcy
    The "necessary" evil strikes again. You warned us, Neal, as did many others; some took heed, too many did not. This administration is so full or self-righteousness, God has no place in their agenda. May God forgive them for all the havoc they wreak on this beloved nation now and for future generations.
  • Hey tshirt-doctor!!! (aka doofus)
    I am part of Main street and I detest losing more and more of MY pension just to pay some fat union retiree living down in "The Villages". I've had it with Chrysler & GM. No more of their crap in MY driveway!

    BTW, everybody, the word you're looking for is 'LEND', not 'loan'. One's a verb, the other is a noun. Got it?
  • Chrysler
    Chrysler CEOs have an obligation to speak the truth through the media to all the dumb masses
  • Secured debt vs unsecured
    Obama's argument wasn't that the secured debt holders couldn't enforce their place in line -- it was that they shouldn't. Other lenders, even the workers themselves did virtually everything that could be asked to keep this company out of bankruptcy... but the secured lenders say "no, me first."

    Ok, this is their right. But since the government will have to pay the pensions of all these workers -- and yes, that would be you and I -- then those few secured loan holders have screwed everyone else.
  • Buy Ford
    Looks like it will be just Fords in my future.
  • jacob
    Is the best you can do is catch a typo?

    Look at t-shirts 10:00 post. Then look at his 9:24 post on the tell me more, President Obama thread. He's an illiterate rambling idiot.
  • Chrysler
    Read the facts people!

    Michigan lawmakers blamed hedge funds – not the Obama administration – for forcing Chrysler into bankruptcy proceedings.

    “Bankruptcy is only required today because of the greed of a few hedge funds that held a fraction of Chrysler’s debt,” said Rep. Candice Miller, (R-Mich.) “President Obama today stated that he did not stand with these hedge funds and neither do I.”

    Lawmakers said that hedge funds and other non-bank financial institutions held up a restructuring deal, despite repeated incentives from by the auto task force and the Treasury Department to resolve their differences outside of the courts.

    “The administration put a great deal of pressure on those entities to go forward,” said Rep. Gary Peters, (D-Mich.) “They gave these hedge funds every single possible opportunity to accept the deal.”

    Last night, the Treasury department sweetened their $2 billion cash offer to holders of Chrysler’s secured debt by $250 million. The secured debt holders would have gotten the cash in exchange for retiring roughly $6.9 billion in debt. The administration also extended an original 6pm deadline to continue negotiating through the night.

    Sen. Debbie Stabenow, (D-Mich.) blamed the breakdown in negotiations on three large hedge funds – Oppenheimer Funds, Perella Weinberg Partners and Stairway Capital.

    “We’ve been working with them every day, last night, and up until this morning,” said Stabenow. “They pushed as hard as they could.”

    Michigan Democrats have opposed putting auto companies into bankruptcy proceedings, fearing the loss of retiree benefits and payments to suppliers.

    “The fate of Chrysler now rests in court proceedings of an unpredictable duration and ultimate determination,” said Rep. Thaddeus McCotter (R-MI). “Unconscionably, too many in our country consider our auto workers and retirees are disposable people – statistics not souls.”

    President Obama, in an “upbeat” briefing call held shortly before his noon press conference, assured lawmakers that the proceedings would be swift and protect jobs and retiree pensions.

    “While I don’t in any way prefer a bankruptcy, the structure they put together is the best we could have hoped for,” Stabenow said. “We will have a viable Chrysler and that’s the most important thing to keeps jobs in the country.”
    The White House strong-armed Perella Weinberg Partners into signing on to the $2 billion deal in order to leave something left of Chrysler to restructure. This in turn will, it is hoped, save thousands of jobs (you’re saving not just Chrysler, remember, but also suppliers) and at least some portion of employee health and retiree benefits. And this is good not just for the employees and retirees, but for the state and local economies in which these businesses are located.

    In other words, three hedge funds tried to hold a chunk of our nation’s economy hostage, and the White House didn’t let them get away with it. And this meathead blogger says the White House is abusing power. Jeez louise, people are stupid.
  • Whut, whut, in the whut?
    Oh, that's what they mean by 'Change'...So the UAW is going to get a hand job while the bondholders get the shaft. Well, that's fair, right?
  • "BTW, I suspect the T-shirt doctor when to government schools."

    This is priceless. It's "went" you idiot. I suppose we know where you went to school (if you did go to school).
  • Chrysler Bankrupsy
    There is one main reason why the some of the secured lenders are being basically brushed aside by "the Obama " administration-they represent business and none of them are unionized. It is one more example of payback to the unions for their support of the annoited one. Anyone who beleives otherwise simply is not looking at the facts. Under no other circumstances would unsecured lenders be placed before secured lenders in a chapter 11 proceeding. To do so is wrong and hopefully the bankrupsy judge will follow the rule of law and not the rule of payback to a special interest group. The banks that agreed to forgive a large part of Chrysler's debt did so because of strong government influence-they took TARP money. Politicians-Democrat or Republican more often than naught act on the basis of political expediancy. This leads to short sighted improper decisions. The Chrysler situation is yet another example.
  • I'm about as libertarian & conservative as they come and I'm appalled at the gov't takeover of ANY business. But I get a little uncomfortable when pensions get messed with (union or not). Yeah, yeah, I understand the distinction between secured & nonsecured loans but I would have thought that corporate responisibility wouldn't have hung former employees out like that. (Silly me.)

    BTW 1 - My Ford stock is doing rather well since the Chrysler & GM takeover.

    BTW 2 - Robin Hood did not "steal from the rich to give to the poor". He returned tax money stolen from the people at the point of a (metaphorical) gun and improperly coerced "donations" to the church.
  • RE: Mike: Government Income
    Its a horrible policy to make decisions impacting generations of Americans based on what will make the most money for government. If you loaned $5000.00 to a friend with a security agreement in place, its your option to forgo that agreement in the event of default on the loan. Corporate officers directing investments do not have the same ability. While many of those bond holders may have sufficient funds so as avoid crippling losses from an event like this, there are just as many that are depending on these supposedly safe bonds for their retirements. And by the way....most of the millionaires in this country are self made, so don't give us that crap about rich people living off their money and not working...they worked hard for it, traded bits of their life for it and they deserve to live however they damn well please.
  • To bad the swine flu didn't get him.
  • union retirees = poor???
    "After all, bondholders are mere investors ... and they are more likely to be wealthy than the retired union members."

    How do you figure?

    The average bondholder is just a normal joe schmoe working a typical job in the private sector. He's got a few Chrysler bonds in the 'moderate risk' section of his 401K.

    The average union retiree made three times as much money and got a giant stack of gold-plated benefits. Tough noogies if none of them were smart enough to figure out how overpaid they were and save accordingly.

    I just don't buy the characterization of the bondholders as being rich and the union retirees as being poor. If anything it is the other way around.

    Not that it would matter to me anyway, because the bondholders should still get paid out first. But it is really irritating to see this portrayal.
  • Don't buy Chrysler
    After this cave to the unions, I will refuse to buy any of their products in the future.
  • train wreck ahead!! we can't get off....
    in just over 100 days the socialist/marxist has done damages that our country will not recover from.

    I would like to be an optimist but it is so very hard to do now. if you have a dollar, HIDE it! some osamabama supporter(no neal not a jock strap)will mug you.

    I love my country, I served my country honorably and well for 20 years. I FEAR my gubmint! THEY can take every thing any time THEY want, damn the law.

    the only suggestion besides armed revolt is to blast the elected offal over and over again with emails, letters, phone calls telling them that you don't like the direction they are going. tell them you vote and will not vote for them.

    WE must NOT vote for the incumbent! vote for the other guy. there is no difference between rePUBICans and domoncRATs. they only want your money and their power.

    DRIP don't return incumbent politicians
  • Neal always does a great job explaining these things.
  • Political Payoff
    The unions sure got their money's worth supporting Mr. Obama. Can anyone think of other examples where the payoff ofr campaign support was the politician handing out ownership of a private company?
  • Standing by who???
    If the federal govenrment loanded taxpayer money to Chrysler as part of the bailout, was that a secured or unsecured loan?
    All one has to ask is what kind of concessions the Obama Administration was willing to make to avoid bankruptcy?
  • Easy Road
    President Obama has a history of taking the easy road and the popular stand. Great, my OppenheimerFunds IRA will take another hit for the hard working American families. Good thing I own a small business and I am fortunate enough to have easy 60 and 70 hour weeks.
  • End of Capitalism
    Everyone who has read "Atlas Shrugged" needs to reread John Galt's radion address; that explains it all. Those who have not read it, need to.
  • To Hugh
    You are OBVIOUSLY confused. Anyone who buys corporate bonds is a creditor of that company. Pension funds and 401K mutual funds often buy bonds as part of their holdings because of the more secure nature of the bond market. It is possible, in fact likely, that the Chrysler pension funds own chrysler bonds, but I think what Neal is telling us is that Obama wants to screw ALL Chrysler bondholders in favor of shoring up the Chrysler pension funds, whether they are bondholders or not. So basically he is screwing OTHER pension funds and 401K funds in favor of UAW pensions. Sure, the Unions are definitely getting their money's worth out of Obama!!!
  • Shareholders
    My one concern with your nuze about Chrysler is that I worry too many people will confuse the term "shareholders." While you are correct, people who own stock in banks and other lenders are shareholder, and certainly have a stake in the results of lending decisions, so do the depositors in those institutions - the "little guys"Obama claims to be so concerned about. Also, mutual funds often refer to THEIR depositors as "shareholders" and these are also often the "little guys" - via 401Ks and pension funds. So basically Obama is taking from one set of "little guys" to give to his PREFERRED set of "little guys" - the unions. In the process he is turning contract law and bankruptcy law on their respective heads. You are correct, that if Obama does this, he will make credit, which is currently hard to get, virtually impossible to get. He was already making inroads in that direction with his plans for mortgage modifications. This takes it to the commercial realm, and shows that nothing is sacred. If he thinks credit is hard to get now, just wait until he does this. Could this guy screw up the economy any more than he already is?????
  • Secured Creditors
    I am a little confused here. Did the pension fund actuallyloan money to Chrysler? Or, did Chrysler fail to fund the pension fund as it should have all along. I am a conservative, but I feel that Chrysler is responsible to the pension fund first if the fund did not actually loan the money. Either way, the courts should decide the order of precedent, not some politician.
  • The road to hell...
    Where are we going, and how did I get in this handbasket?
  • Obama Versus the Secured Bondholders
    Well done, Neal, in helping us all better understand an important facet of the finance industry.

    What BO is doing here should come as no surprise to anyone who is on top of the influences (black liberation theology, Alinsky's 'Rules for Radicals') that helped to shape BO's brand of 'leadership.'
  • The truth is stranger than fiction
    Ayn Rand was a prophet. This is straight out of "Atlas Scrugged." I'll bet she laughing her @$$ off right now.

    BTW, I suspect the T-shirt doctor when to government schools.
  • chrysler debt
    Does anyone remember the details of the public loan guarntees to Chrysler thirty years ago? At that time the company I worked for had Chrysler as a customer. We had to forgive / write off all money owed to us by Chrysler, as did all other businesses trading with them. We should have refused and caused them to go bankrupt at that time. Due to the loss caused by Chrysler we had no profit sharing contribution for a couple of years, and greatly reduced bonuses. Chrysler should have bit the dust then, and spared us this current mess.
  • Risk/Reward and the death of capitalism
    Dear Neal,
    Excellent job of summarizing the situation. To put it more simply, an investor (or bank), has a choice of where to invest their money to get the greatest return OF and ON their money.
    If they think that a large company might go to the government and the government will prevent them from being repaid, they will not invest.

    They are looking for a return ON their money, an interest payment.

    If they think that they will not get a return OF their money (Principal), then they will no longer do any loans that have a risk of not being repaid.

    When you remove the possiblity of repayment, then the entire lending process shuts down.

    Even communist countries know that you have to repay your loans, or else investors will not loan to you...EVER AGAIN.

    Of course, our beloved communist dictator doesn't understand that concept. He is too brilliant to understand reality.
  • Common sense comments
    Brilliant nutshell explanation of the secured-unsecured differentiation. But Obama would put pictures of starving children of Chrysler employees to numb the minds of the public.
  • Look at this!
    52 comments on this and only two positive. I feel the disgust felt by the people of this nation growing more and more every day.
  • Laws
    If you don't like a law, then go through the channels to get it changed. Until then, you are expected to uphold the law. No one is above the law, not even the President. The Constitution sets out his responsibilities and he has NO powers that are not set forth in the Constitution or granted to him by the states. No state gave him the right to fire CEO's or to negate contracts. No state gave him the right to "spread the wealth".

    OUT OF CONTROL
  • only a matter of time... inch by inch
    I think atlas is getting a nervous twitch…
  • Obamahood and his band of merry thiefs
    I am sick of it. Obama is doing things that violate his oath of office on a daily basis. What oath?

    that one that says "protect and defend the constitution" as one who knows a lot of military people, many of them have said they will not re-up because their CIC doesn't follow the same set of rules they have to.

    Contrary to what some have said, Obama has install fascism, with the assistance of a complicit MSM (mainstream media)..

    I fear for the economic health of our country. The incessant spending by printing money will come back to roost in short order. Imagine $5.00 gasoline on top 10, 20 or 30% inflation as the result of loose money policy..
  • @ Copy "Tell us, exactly what law is being violated here?"
    I'd say more than anything... his oath of office:

    "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

    Sure you can say that's subjective, but certainly failing to up hold property rights (in this case, secured debt) is not up holding the Constitution. Releasing our interrogation techniques are certainly a failing of his to actually protect this nation as well.

    BTW, if Bush should have been impeached for the Plame leak, why not Obama for leaking the names of the interrogators who suggested these techniques? Is that in some way a violation of 5th Amendment?

    What's the difference?
  • Obama Hood?
    I see a lot of comments here and all over the web from the "educationally challenged" like copyleft and tshirt-doctor that actions like this make Obama a modern day Robin Hood. Educate yourselves!!!

    www.theconservativevent.blogspot.com
  • who's ripping who
    T-shirt doctor,

    What about my retirement fund that will lose a great deal a value because of the unsecured creditor (union pension fund) getting priority over the secured creditor (my pension fund).

    I'm a citizen too. Why don't YOU hand over the money I'm losing since you think it's such a great thing.

    And just so you know...I literally do live on Main Street.
  • Namejacking
    Obviously, the 10:32 post was not me, but rather our amateur namejacker who can't stand it when his betters disagree with him.
  • Good point BC
    Since our president doesn't like his middle name we can just start calling him Barack Wesley Mooch Obama.
  • re:copy
    there is no law broken when you are the law,but a lot bent.the offense obama is pulling off is the ethics and conflict of interst "guide lines". He's just using his power in a way that any other time should have both parties shouting "abuse of power and payoff for support".I don't think any other president would get away with it. RE;MIKE Where do you think bond holders get their money? mostly from small investors 401k funds.also union pensioners pay little or no income tax on retirement benefits and unemployment insurance is paid in by your employer funded, that should be covered(unless the gov."borrowed" it like the Soc.Sec. fund) anyway you look at it some one gets screwed and obama is picking who.
  • I was looking at buy 2 new cars in the next year!
    I was looking at buying 2 new cars in the next year or 2 and I was really considering a GM or Chrysler. Well guess what! If things go like I think they will, I can knock the GM & Chrysler off the list. I will never, repeat - I will never ever buy a car from these 2 companies again.

    Private Creditors will stop lending to Union companies. That means that the GOV will waste more and more of our Tax dollars on these companies. I hope that the Judge that gets this case is strong and tells "the great one" to go stuff it because he is going to follow the law. The GOV and Unions are unsecure loans and should be treated as such. End of discussion!!!!
  • Wesley Mouch
    If all of this is true, it sounds similar to how the government from Atlas Shrugged dealt with private industry (the moratorium on railroad bonds, anti-dog-eat-dog, etc). The White House is acting as if Wesley Mouch inhabited the oval office.
  • Great Post
    This should be posted at other websites for more people to see. I think you did a great job as usual at explaining what is happening.
  • LAW
    tshirt-doctor and Copy Left are abysmally ignorant about the law. The laws being broken are in contract law. Contract law says that you pay secured debt first. If contracts can not be enforced we are all in danger. Your precious main street worker doesn't have to get paid, we don't have to give him access to his bank account, we can take away the house we sold him. Is that what you want?
    Violating contract law will have serious consequenses. Obama is playing dictator, stealing from the bond holders to give to his friends. Has copy left ever heard about laws on theft? Apparently it is OK to steal as long as you take it from someone who has money. Some of these companies hold retirement funds for thousands of people. Is it OK to rip them off, take away 90% of their retirement?
  • So Mike,
    We'll just make up the rules as we go? And we'll let the government decide what is best on any given day? That may be all fine and well as long as your on the receiving end, but one day it will bite you in the a$$ too. Not to mention it will only lead to anarchy. What fun that will be. At least I have guns at the ready.
  • response to t-shirt doctor
    You obviously don't get it. Either way main street gets screwed. Who do you think owns stock in the bond-holding companies? When they have to swallow their bonds their income goes down, then their stock follows. This hurts main street people who have normal 401Ks and individual investors who hold that stock. How many people will get hurt that way vs. how many union people get hurt the other way? This is about mis-directed wealth envy and pulling the wool over your eyes in the name of 'those poor union pensioners.' And main street gets doubly screwed when in a couple of years our taxes go up to pay for all this crap. Wake up and wise up!
  • Tshirt
    Tshirt-doctor, you did nothing but quote campaign slogans. Nowhere in your comment is anything coming close to a rational argument based on facts to support your point. All that comes through is your obvious emotional disdain for the republican party.
  • Wrong!
    "Good for those who love government. For those who don't ... not so good."

    Sorry, Neal. This is bad for EVERYONE, *including* those that love government. Those that love government are just too stupid to realize it...
  • Chrysler Secured Creditors
    The current administration is quickly and quietly doing away with our entire society. If we don't start challenging their actions, there will be nothing left. This is beyond scary anymore and it is just starting. The Constitution and our system of laws is just something Obama has decided are in the way of his plans....he must be stopped by lawful and Constitutional means. I for one would like to know what exactly I can do to help stop the bleeding. I write to my reps, but since they are both Repubs, I seem to be preaching to the choir. Writing to other reps in other states may or may not help...I'll never know since they will only respond to their constituents.

    Any suggestions?????
  • Unforeseen Consequence
    Perhaps Obama should consider that if he follows through, no company with union workers will ever be able to obtain bond financing again. What's that going to do for union jobs? Smart one, doofus!
  • backdoor nationalization
    This the nationalizing of american businesses thru the back door(an accurate description since investors are getting reamed),and thru the shear ignorance by the american public they are getting away with it.Is there ANYWAY this can be derailed???Where is the outcry from any of our gutless leaders in government!!!? Are they ALL bought and paid for or what? I would think even the extreme liberal fools can see where this is heading. For a party that cares so much for the rights of people they have just tossed investors rights out the window in favor of the union pennsioners who have been living off the industry for decades.Who the hell do they think the investment money comes from? 401k and retirement funds thats who!I'm sorry Gram-maw we can only give you 3 cents on the dollar from your retirement fund but here's some coupons for 50% off on dogfood to make up for it. And I guess business investors from China and other countries are gonna be lining up to invest in a business system that just says F**KYOU sucker,I just stole your money!!Send me some more and bend over!!This is the death of american free industry.There is no longer any rule of law, we have become a banana republic.Is it time for a revolt?
  • Government income
    How much tax income will the government lose if all those overly paid auto worker jobs go away? Didn't notice you putting that into the mix. As you well know, bond holders pay only 20% on their earnings. They are into bonds because 1. they have a lot of money and see no reason to take a higher risk. 2. They have so much money that they probably only pay taxes on what they make from interest (20%). If you had that much money would you work or let your money work for you? If you have that much money YOU need to be watching it.
    Auto workers and those involved in the industry (assembly, parts industry, trucking industry, dealers, sales, etc) run into the millions of jobs. Each of which pay taxes every week.
    Also, I know you hate hearing this but the bond holder is probably not going to end up on the dole at the unemployment office. So Obama is sitting there at his desk thinking, well i can run off income and make it cost even more money because instead of paying taxes all these people will now be an enormous drag of unemployment benefits or I can protect the bond holder. Its not fair but it makes sense for many reasons that would only make you even angrier.
  • Pensions v Bonds.
    Ah, the beginning of negotiations.

    Everyone, including the pensioners, are going to take a bath here.

    The only difference here is that the trash talking is in the open media, rather than in the Attorney's conference room.

    The best solution is to squeeze FIAT for a higher payout.

    And, Mr. Obama does need to be careful.
  • "Rule of Law"
    I notice this being mentioned a lot--how Obama's showing "contempt for the law" and how it might even be an "impeachable offense."

    Tell us, exactly what law is being violated here?
  • Bush vs. Obama
    It was Bush that brought the economy down and caused millionaires to now have ten grand. It's Obama who's causing me to be able to invest my ten grand and become a millionaire!
  • Tell these "too big to fail" types to take it or leave it!
    For any future lender stupid enough to actually loan to one of these so-called “too big to fail,” they should charge an APR upwards of 25% or more. At least that way, they’ll be covered in few years for any crap like this Chrysler situation. And, if a company balks at paying such a high interest, the smart lender will tell them to go elsewhere and not let the door hit them in the ass.

    On a brighter note with contract law out the window, maybe we’ll have fewer lawyers around.
  • Impeach, then prosecute
    If this story is true, an investigation is more than warranted. Liberals need to be reminded that the constitution was designed to protect the citizens FROM government. Once we surrender that power to them, we might as well move to New Zealand as Neal once suggested.
  • Brazen Behavior
    Government tampering with private contract law is happening in this Chrysler situation and it is a harbinger of what is going to happen to the huge amount of U.S. Treasury debt being issued. The buyers of our debt will be asked to "sacrifice" one day for the "greater good." This is blatant case of government turning on those it is supposed to protect. We've got a big problem here.
  • who care about the citizens?
    i think the union pension funds are going to get priority over the bondholders is a good thing.

    you know why? because i will never vote republican again. they are the party for wall street. if your from main street, they don't give a sh#t if you live a die.

    the lenders, lenders, lenders. that's all neal cares about. he don't give a sh#t over the citizens union pension funds. that's because they are UNION pension fund. so who care that they been ripped off? they are UNIONS, read democrats, so who cares?

    and i'm not a union sympathiser. i'm a main street sympathiser.
  • I'm starting to accept what I can no longer deny
    I initially disregarded those who claimed Obama wanted to destroy capitalism, convert the US to socialism, etc. Frankly, I thought Obama, a brilliant politician (who can deny that)was just too smart and educated for that. After all, history shows socialism simply does not work and will collapse in due time under its own weight and tyranny - and the collapse is often violent. But when it quacks like a duck . . . .
    But of course Obama believes he has the answers that all those other people did not - he KNOWS how to make it work. *sign* Arrogance in a president can be fatal to the country.
  • Banker jewel heist
    I'm glad someone in this country (Oppenheimer) still has a pair.
  • Government Motors
    With the Feds and their clients, the UAW, in charge of Chrysler and probably GM soon enough, I'm betting we'll start seeing laws and regulation favoring them over the remaining free car builders. We are doomed.
  • Government theft is nothing new...
    Just taken to new levels. Maybe inflation adds to the audacity of our politicians? Or they feel the need to trump their previous office holders. "Ha! Amateurs! Watch this!" The audacity of the kleptomaniacs in government is something to behold.

    Steve - Ashland MO
  • impeach
    Sounding more and more like impeachable offenses. Stroke of pen, rule of law. Only George Soros, CFR and etc., will watch after their boy Obama.
  • Freezing Credit Markets
    Don't forget the fact that Obama repeatedly talks about "unfreezing the credit markets". If you are going to make all debts unsecured, then you will achieve the opposite.
  • I think Chrysler, as well as our entire economic system, is toast. Not because of consumer confidence, but because the Obama administration and our congress have no regard for either the Constitution or the rule of law. When the House of Representatives will pass a retroactive law that is completely unconstitutional to punish legal behavior they allowed (AIG bonuses) and then the President turns around and ignores the rule of law and use stiff arm tactics to try to force, to the back of the line, those who should legally be the first to collect debts from bankruptcy proceedings while accusing them of betraying America and portraying them as evil, nasty capitalists, no one will enter into any kind of contract when they know full well that if the federal government so decides they don’t like that contract or law it can be null and void or just changed after the fact and made retroactive. If our government continues down this road lenders, as well as the general public, will have no faith that contracts and existing laws will be honored and will just shut down and stall our entire economic system. Unfortunately I feel this is the real goal of those currently in power; to destroy capitalism. As for Chrysler, the government will do anything to keep them from failing including handing over more taxpayer cash and forcing all US automakers into producing the cars the government wants us to drive. Americans will not buy them so the government will jack up taxes on gas or find another way to force us to buy them. And this is certainly not limited to the auto industry. If allowed, this will be widespread. The precedents being set should scare the hell out of every American. It’s all about government control over the citizen’s everyday lives while the government maintains the mentality of do as I say, not as I do.
  • Chrysler--Hedge Fund Compromise
    I do not know, so I am asking, I heard somewhere that the majority of the holdings of the Weinman (sp) hedge holders were only purchased a few months ago, not years ago as reported. If that is the case, they bought when the bailouts were happening and for $.15 on the dollar. Can anyone confirm or deny?
  • Chinese Capitalist Pigs
    Hhhhmmmm....So according to Obama, the Chinese government is a bunch of speculating capitalist greedy pigs for buying treasury bonds. That should go over well.

    If we don't follow the law, it all comes tumbling down.
  • Secured Credit and Obama Motor Company
    Excellent job explaining situation.

    Since Obama is the chief executive officer, can the board fire him for mismanagement for building cars that America does not want to buy, devaluing the company, unfair labor practices / EEOC suits / etc. undoubtedly that will surface while POTUS runs the company? If so, I'll buy shares just so I can vote.
  • Chrysler
    Hey, don't blame me, I voted for Romney.
  • Chrysler
    Hey, don't blame me, I voted for Romney.
  • Secured Creditors
    The creditors are secured for a reason, just like homeowners whose house is security (worthless it may be at this point) for their mortgage. Bankruptcy law should not be twisted just to suit liberal, mindless, capitalism-blaming jerks.
  • How did UAW do that?
    As you may expect, car parts suppliers around here (Michigan) are reeling with the big three. In Battle Creek, I am thinking of one particular manaufacturer (the town's largest) that made employees (both hourly AND salaried) take wage consensions, reduced hours, offered buyouts and finally eliminate a shift of work - transferring those employees to other shifts. All done to avoid laying anybody off.
    That company did not offer employees ownership stakes in exchange for the "give backs" it exacted. And neither are any other manaufacturers around here who are taking these measures and even worse ones (layoffs) to survive.
    So my question is this: how did the UAW end up with a majority ownership stake in Chrysler? As Neal points out above, their stake in the company is all unsecured credit, mostly in the form of retiree benefits.
    Another quick take on this. If the government were to announce that US Savings Bond holders had to take pennies on the dollar for their investments, there would be apoplexy. People would probably get it. But that's exactly the line the Administration is selling when it doesn't stand with the "speculators."
    And the lemmings continue to march...
  • "Bank of America" sounding like a better name?
    Well, we have Government Motors now. How is "Bank of America" sounding when Obama takes over the lending industry? Yuch! At least Copyleft can be happy that we now have "accountability" and "proper regulation", even if private banks are unwilling to risk their money, while Obama is all too eager to risk our money.
  • Rule of Law
    You’re forgetting Neal. These are the make it up as you go along folks (Marxists). Constitutions and contracts mean nothing. I think it was Fredrick the Great that said a constitution was a mere scrap of paper. That holds for all those pesky little contracts too. Welcome to the brave new world of “the law is whatever we say it is at a particular moment”!
  • Oh Isn't Life Wonderful
    Now we get to hear from the Libs how wonderful Obama is! That’s right, why he is standing up for the little guy! Bullsh*t.
    Those bonds are back by people like me with retirement accounts. So when he gets his way instead of the rule of law way more people are going to get screwed. I met some UAW workers that were bragging how the unions have Obama rapped around their little finger. Come on Copyloser, AWK, Stan Gullible and others. Blast me, tell me how this is Bush’s fault (total BS, I was doing great till Frank & Dodd) and tell me why after 30 years of doing what is right why I should be happy. I was planning on retiring March 2011, but you know, it ain’t looking good for the home team. Gee wish I could be in a union, but in my line of work unions are worthless, their only power is striking and if I do that I go to jail!

    AND IT KEEPS GETTING FUNNIER!
  • Secured Chrysler Creditors Get Shafted
    Excellent article and assessment of one more way Obama and the Democrats pandering to special interests - union members - is going to hurt the larger group that is the rest of us. Lots of investors buy bonds - individuals and institutions. Hopefully all investors are watching what is happening out there. It would not be wise to continue to buy bonds in any industry that is in line to get bailed out. Might as well not buy bonds in any firm that could conceivably become one of Obama's protected firms. Investors should protect themselves and if that means not investing in American firms then so be it. Lyn fromwembleypark.com
  • Chrysler
    Obama's move is straight out of Chavez’s playbook. Unbelievable that so much of the population and the msm are in denial as to what this man represents.
    How soon before we are forced to buy government built ('green') automobiles.
  • Greedy Bond Holders
    How long before they use the "greed" excuse to default on U.S. Treasury Bonds or Savings Bonds?
  • who is John Galt?
    Scary stuff.
  • This explains the swine flu hysteria
    At first I thought the hysteria over the Mexican Swine flu was a result of the media's general reaction to things like that. First and foremost the media pushes a leftist ideology, then after that it loves to overhype things like this. Now, however, I believe the hysteria over the flu was to distract the public from the government takeover of Chrysler.

    This seems to be the way things will work in the Obamanation: whenever he wants to do something especially heinous he asks his sycophants in the media to drum up hysteria over something totally unrelated. The good news about this is that Obama and the media believe that the public must be distracted in order for him to get away with things like this; therefore there must still be a sizable number of informed fans of liberty in the country.
  • Chrysler
    Unfortunately Nobama will probably get away with it. The only way to fight this is in the courts, but the current supreme court is already too liberal. He has 4 years to stack the deck even higher and deeper. Oh well, America was a good experiment while it lasted.
  • Should we really be surprised ?
    This is what happens when ya bail out banks with TARP money. The welfare queen looters team up with the Obama administration and the unions to browbeat the achiever investors that wasn't bailed out.
  • Spot on Neal!
    After having spent the last 20 years in the world of finance, I'm here to say, you are SPOT ON CORRECT! Of course, this is the plan of the administration and you've outlined it perfectly. The goal is to destroy capitalism and turn the rule of law, as it exists today, on it's head. The Constitution-- a mere speed bump and soon to be a pebble in the road. The case law, rules and regulations... ignored.

    These are the days of tyranny in the US and more is coming soon.

    Cuba got it's change in 1959. We're getting ours now.
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