http://www.ft.com/cms/s/0/e9b41aec-5...44feabdc0.html
I haven't followed this story incredibly closely, but doesn't it seem like a distinct possibility that Justice Kennedy could rule with the four conservatives on the Court and disallow this Chapter 11 plan from going forward? Kennedy always struck me as a guy who's mushy on social issues, but still fairly conservative on cases such as the issue presented by the Chrysler bankruptcy and all the shenanigans pulled by the Obama administration in favor of the UAW in order to push through a dubious Chapter 11 plan. Admittedly, I don't know enough about Chapter 11 bankruptcy to be very qualified to ask and answer this question, but with what little I do know, it seems questionable that secured creditors are getting less than unsecured creditors associated with the UAW.
I haven't followed this story incredibly closely, but doesn't it seem like a distinct possibility that Justice Kennedy could rule with the four conservatives on the Court and disallow this Chapter 11 plan from going forward? Kennedy always struck me as a guy who's mushy on social issues, but still fairly conservative on cases such as the issue presented by the Chrysler bankruptcy and all the shenanigans pulled by the Obama administration in favor of the UAW in order to push through a dubious Chapter 11 plan. Admittedly, I don't know enough about Chapter 11 bankruptcy to be very qualified to ask and answer this question, but with what little I do know, it seems questionable that secured creditors are getting less than unsecured creditors associated with the UAW.
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