GM (NYSE:GM) is essentially done as a "public" company in the stock sense, and is headed for Chapter 11.
May 27 (Bloomberg) -- General Motors Corp., the largest U.S. automaker, failed to get 90 percent of its bondholders to swap their claims for stock ahead of a government-imposed June 1 deadline to restructure or file for bankruptcy.
The principal amount of notes tendered was “substantially less than the amount required by GM” and as a result “the exchange offers will not be consummated,” the company said in a statement today.
Chatter on the street yesterday was that "substantially less" was literally single-digits.
It appears that the bondholders preferred to take their chances in bankruptcy court, much like Chrysler's got steamrollered, instead of a guaranteed 90% loss.
My best guess is that they'll get the guaranteed 90% loss anyway, this time from the government who will ram it up everyone's backside. Whether Obama and friends will be as successful in screwing the bondholders as they were with Chrysler remains to be seen.
Here's the problem:
After GM announced the exchange offer on April 27, the ad hoc committee of institutional bondholders said in a statement that the swap was “neither reasonable nor adequate” and showed “political favoritism of one creditor over another” because the United Auto Workers retiree health-care fund was originally offered about $10 billion in cash and as much as a 39 percent equity stake for $20 billion in claims.
Yep. And that health-care fund, according to law, is subordinate to the bondholders.
Not that this has bothered Obama.
But I've opined on this before, and rehashing things over and over is for CNBC.
Instead, I want to leave everyone this morning with the following thoughts to muse over, since we no longer follow the rule of law in The United States:
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If President Obama can "ex-cathedra" change the priority of creditors in a bankruptcy action, effectively engaging in selective default of debt, why should governments and private investors - such as China and Saudi Arabia - believe we might not do the same thing after using the money we borrow from them, when we find that we cannot pay our debts, just as GM can't pay theirs?
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If these foreign creditors come to this conclusion, what is likely to happen to bond market yields on Treasury debt?
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What leads anyone to believe that The Government can operate with a $3.6 trillion budget and a $2 trillion annual deficit?
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What leads anyone to believe that we can close that gap, when our government is engaged in game-playing with claimed "reductions" in the budget, claiming that fractions of a single percent of the total are "meaningful"?
Oh, and before someone in the Administration thinks that jobs will recover, they might want to read this:
May 26 (Bloomberg) -- Americans may have to get used to unemployment greater than 8 percent for the first time since 1983 and an economy that won’t grow much beyond 2 percent as a consequence of the lost confidence in consumer credit that shattered financial markets.
By this time next year, “the market will realize that potential growth for the U.S. is no longer 3 percent, but is 2 percent or under,” Mohamed El-Erian, chief executive officer of Pacific Investment Management Co., said in an interview with Bloomberg Radio.
"Potential growth" was never 3%; that was a fiction created through pulled-forward demand - that is, through debt.
Now that Ponzi Game has collapsed, it cannot be restarted, but the debt service remains as we have refused as a nation to force those who made the bad bets to eat them.
El-Erian is wrong.
If the "pulled forward" demand represented a 3% GDP growth rate, and without that the growth rate is 2%, the actual maximum potential growth rate is closer to 1% because we refused to default the bad debt, and as such the carrying costs remain.
This is rather close to 0%, of course, which means instead of "recovery" what we are going to suffer through is an "L" shaped economic move.
This, in turn, will make it impossible to cut the structural deficits, which will lead those foreign creditors to start asking the four questions above sooner rather than later.
We have not avoided The Depression that I was talking about two years ago.
All we have done is delay it (again) and make it worse (again), because we have continued to add to that debt instead of extinguishing it.
As I have said repeatedly we were facing a 10% GDP contraction in 2000 to clear the bad debt.
As of the summer of 2007, we were facing somewhere between a 15 and 20% contraction.
We are now looking at a top-to-bottom contraction between 20-25%, and if we keep this up and our creditors pull the rug out from under us, it could be as bad as 50%.
That would return our economy to roughly 1994 levels, well before the Internet boom really got going, and, in fact, one year before Microsoft released Windows 95 (remember that?), and the longer President Obama tries to prevent this adjustment the worse it will be.
Welcome to the New America.
Disclosure: No position in GM, long ammunition.