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Table Of Contents

I. Chrysler’s § 363 Problem
A. The Deal Structure
B. The § 363 vs. § 1129 Problem: Concept
II. The Pre-CHRYSLER Appellate Cases
A. Reconciling § 363 Sales with § 1129 Protections
B. Makeshift Remedies that Validate Priority
1. Judicial Valuation and Priority Determination
2. Class Consent
3. A Market Test
III. The Chrysler Sale
A. Valuation
B. Consent
C. The Market Test
D. The Emergency—How Immediate?
IV. Was Chrysler Reorganized or Sold?
A. The Case That Chrysler Was Reorganized, Not Sold
1. Old Chrysler’s Mandates to New Chrysler
2. The Before-and-After Resemblance
B. Consequences of a Nonsale: Valuation Inconsistencies
C. Could the Treasury Have Acted Any Differently?
V. Chrysler as Chapter 11 Template?
A. Replication Without Government Funding
B. Recommendations
VI. The Big Picture
Conclusion
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SSRN-id1426530

SSRN-id1426530

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Published by litmanjoe

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Published by: litmanjoe on Jan 23, 2011
Copyright:Attribution Non-commercial

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11/13/2011

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