GM sale cleared, path opens to exit Chapter 11
DETROIT — The path is now clear for General Motors to leave bankruptcy protection in record time as a leaner company that is better equipped to compete in a brutal global auto market.
On Thursday, a judge's order allowing GM to sell most of its assets to a new company went into effect, despite a last-minute appeal by plaintiffs in a product liability case.
GM spokeswoman Julie Gibson said U.S. Bankruptcy Judge Robert Gerber's order became effective at 12 p.m. EDT. GM lawyers are working on paperwork to close the sale as quickly as possible, after which GM would leave bankruptcy protection.
GM CEO Fritz Henderson will hold a news conference Friday morning to explain executive cuts, management changes and the company's plan to make money by emphasizing quality and fuel economy.
Once the world's largest and most powerful automaker, the "new GM" will become government-owned, but leaner and greener, cleansed of debts and burdensome contracts that nearly dragged it into liquidation. But the new company faces tough international competition and the worst auto sales market in more than 25 years.
John Pottow, a University of Michigan Law School professor who specializes in bankruptcy, said opponents of the sale had little legal recourse to block it because their issues were shot down by higher courts in Chrysler's bankruptcy case.
"It's done," Pottow said. "I knew they were dead as soon as the Chrysler case was decided."
He expects GM to close the deal and emerge from bankruptcy on Thursday in 39 days, a record for a company its size, he said.
GM spokesman Tom Wilkinson said he could not give a time frame for when the sale will close.
After clearing bankruptcy court, the new GM will focus only on four core brands, Chevrolet, Cadillac, Buick and GMC. The company is in the process of selling Saturn, Saab, Hummer and its Adam Opel GmbH unit in Europe, and it will discontinue Pontiac by the end of the year.
GM would not have been able to clear bankruptcy court at such a high speed without help from its crosstown rival Chrysler Group LLC, which exited bankruptcy on June 10 after 42 days.
Pottow said Chrysler's case set favorable legal precedents in previously uncharted territory of bankruptcy law.
The U.S. government, which will wind up loaning GM up to $50 billion to save its roughly 88,000 U.S. jobs, also played a significant role through the Treasury Department's auto task force, Pottow said.
"It's amazing what you can do when you have a government task force convened to help your company," he said.
The government provided bankruptcy financing, and the task force served the role of management consultant, telling GM that its early restructuring plans were too rosy and demanding further cuts, he said.
The parts of the company not moving over to the new company will become part of "old GM," a collection of assets and liabilities that will be liquidated over the next few years and sold off to pay the company's various creditors including people with pending lawsuits.
The assets range from the expected things, such as closed plants and other facilities, to more quirky items including a golf course in New Jersey and a church in Indiana.
The government has pledged $1.18 billion to help fund the wind down.
AP Auto Writer Bree Fowler in New York contributed to this report.
Recent comments
There goes another GM stock. Then again, who cares about the little...
No More GM Stock | July 9, 2009 at 10:51 p.m.
The free market should have been left alone to sort out the winners...
free market | July 9, 2009 at 8:17 p.m.
Our business went bankrupt in 2006 and 3 years later we are still...
never gave me the time of day | July 9, 2009 at 6:21 p.m.
- NFL: Week 12 recap 12:50 a.m.
- '12 Days' bill would top $87K 12:35 a.m.
- Study finds autism therapy works 12:35 a.m.
- Boy shot following traffic stop 12:35 a.m.
- Sports on the air 12:24 a.m.
- Herbert builds his team of rivals 12:21 a.m.
- Corroon a step closer to governor 12:21 a.m.
- Monday on TV 12:18 a.m.
- Editorial: East, West and religion 12:17 a.m.
- A deficit commission? 12:17 a.m.
- Hall mouths off about hate of Utah
- BYU is champion of the state
- Cougars beat Utes in overtime
- Credit Coug defense for win
- Marriage definitions vary widely
- Field goals, penalties doomed Utes
- Cougar defense rose to occasion
- Banged up Jazz get best of Blazers
- Jones' joy for life remembered
- Fantasy is reality for BYU professor
- Hall mouths off about hate of Utah
869 - Cougars beat Utes in overtime
473 - Max Hall issues apology
145 - BYU is champion of the state
137 - Man trapped in Nutty Putty cave dies
117 - Cave to be sealed with body inside
116 - Rivalry Week is highly profane
90 - Hall's legacy measured today
79 - Hall's pain reflects self-betrayal
68 - Utes fall to Seattle U. at home
65
If you wait until Cyber Monday to shop, you may miss some hot deals.
I find it interesting that many of the same people who say that we can't...
None of these teams is going to be easy. They all have fine football...
Max, no apology was necessary, but the apology was polically correct. If...
Very good piece of writing, Amy. You summarized what many of us have been...
How is a top 25 finish make Utah a top twenty team? I think what the poster...
90% of the BYU & Utah fans have class, and Hall knows it. If you don't...
This might be my favorite article I've ever read from the Deseret News. Kudos.
Thank you for not giving up and don't give up now brother and sister...
Dr. Lois Lee's work with children who are victims of child sexual...
Look at the preview for Pixar's "Up". The whole move is summarized in...

