LyrArc Article Gist
Mark Roe and expert on cororate governance and bankruptcy law at Harvard Law School, says two of the toughest issues facing the auto industry are clearly better dealt with under bankruptcy law. For the $30 billion of bond debt he says while a few holdouts can prevent arecapitalization outside of bankruptcy, under bankruptcy Chaoter 11 bondholders vote on the plan, and if those holding more than two thirds of the bonds by dollar value accept the deal it applies to all of them. For the supplier network he says courts know that the bankrupt company has to have supplies, inventory and parts flowing for it to function, so the bankruptcy code and bankruptcy courts put payments for new supplies at the top of the queue ahead of old lenders. HE says a bankruptcy judge has to approve these kinds of payments, but the approvals are regular and quick, sometimes on the first day of bankruptcy. So why is GM management saying the supplier network would collapse under bankruptcy? Mark Roe's answer to this question is that bankruptcy usually leads to a sharp change in management, and a new direction for the company. He adds that here are experts at fixing troubled companies who would take new directions and be more effective than current management at GM.