Showing posts with label bankruptcy. Show all posts
Showing posts with label bankruptcy. Show all posts

Saturday 30 January 2010

Why do so many people invest themselves into bankruptcy?

Investment is simply the saving of money with the aim of making it grow.

The amount you invest is called your capital.  Investing is therefore the creation of more money through the use of capital.

The trick, of course, is finding the right assets in which to invest.

Why do so many people invest themselves into bankruptcy?

The answer is that they
  • invest in dubious or risky products, or
  • know too little about themselves and the product or asset classes in which they invest.

Monday 25 January 2010

Extinct Companies: Some die young, some in middle age. Bankruptcies and Takeovers

Companies die every year. 

Some die young.  They try to go too far too fast on borrowed money they can't pay back, and they crash. 

Some die in middle age because their products turn out to be defective, or too old-fashioned, and people stop buying.  Maybe they're in:
  • the wrong business, or
  • the right business at the wrong time, or
  • worst of all, the wrong business at the wrong time.

Big companies can die right along with smaller and younger companies.

American Cotton, Laclede Gas, American Spirits, Baldwin Locomotive, Victor Talking Machine, and WRight Aeronautical were once big enough and important enough to be included in the Dow Jones Industrial Average, but they're gone now, and who remembers them?  The same goes for Studebaker, Nash, and Hudson Motors, Remington Typewriter, and Central Leather.

Takeover

There's one way a company can cease to exist without actually dying.  It can be swallowed up by some other company in a takeover. 


Bankruptcy:  Chapter 11 protection and Chapter 7

Chapter 11:  And often, a company can avoid dying a quick death by seeking protection in a bankruptcy court. Bankruptcy court is the place where companies go when they can't pay their bills, and they need time to work things out.  So they file for Chapter 11, a form of bankruptcy that allows them to stay in business and gradually pay off their debts.  The court appoints a trustee to oversee this effort and make sure everyone involved is treated fairly.

Chapter 7:  If it's a terminal case and the company has no hope of restoring itself to profitability, it may file for Chapter 7.  That's when the doors are closed, the employees sent home, and the desks, lamps and word processors are carted off to be sold.

Often in these bankruptcies, the various groups that have a stake in the company (workers, vendors, suppliers, investors) fight each other over who gets what. 
  • These warring factions hire expensive lawyers to argue their cases. 
  • The lawyers are well-paid, but rarely do the creditors get back everything they're owed. 
There are no funerals for bankrupt companies, but there can be a lot of sorrow and grief, especially among workers, who lose their jobs and bondholders and stockholders, who lose money on their investments.

Companies are so important to the health and prosperity of the country that it is too bad there isn't a memorial someplace to the ones that have passed away.  Or perhaps the state historic preservation deparments should put up plaques on the sites where these extinct companies once did business.  There ought to be a book that tells the story of interesting companies that have disappeared from the economic landscape, and describes how they lived, how they died, and how they fit into the evolution of capitalism.

Friday 1 May 2009

Chrysler driven into bankruptcy

Chrysler driven into bankruptcy

Chrysler became the first major car manufacturer to file for bankruptcy in the current recession after last-minute negotiations between the US government and a batch of dissident hedge fund creditors broke down.

By James Quinn, Wall Street Correspondent
Last Updated: 9:20PM BST 30 Apr 2009

But, at the same time, Chrysler entered into a strategic partnership with Italian rival Fiat designed to safeguard its long-term future and give it access to fuel-efficient technologies and smaller car designs.

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The developments – which followed months of negotiations by Barack Obama’s automotive task force – herald a new chapter in the 84-year-old company’s history. A chapter which will ultimately see it controlled by Fiat and the United Auto Workers (UAW) union.

The collapse followed an 11th-hour stand-off between the US automotive task force and 20 hedge and distressed debt funds which control $1bn (£676m) of Chrysler’s $6.9bn debt. The funds refused to accept a deal which would have seen them paid only 44pc of what they are owed.

The dissident funds, including Oppenheimer Funds and Perella Weinberg’s Xerion Capital Fund, stood firm after alleging they were being unfairly treated in favour of government funded banks such as JP Morgan Chase and Goldman Sachs, who are among Chrysler’s biggest creditors.

President Obama reprimanded the hedge funds, saying he could not support “a group who held out for the prospect of an unjustified taxpayer bailout”. He added that some “demanded returns twice what others were getting”. The attack was a negative moment in an otherwise highly positive statement, in which he called Chrysler one of the companies that “helped make the 20th century the American century”.

The car maker has been given a “new lease on life” as a result of the deal with Fiat, the President said. He added that the company’s move into Chapter 11 will be “quick ... efficient ... and controlled” and “will not disrupt the lives of those who work at Chrysler.”

The alliance with Fiat will safeguard 30,000 jobs at Chrysler, tens of thousands at suppliers and dealers, and guarantee the healthcare rights of 170,000 retired Chrysler workers and their families.

Chrysler was last night due to file for Chapter 11 bankruptcy protection in New York, a process which will allow a bankruptcy judge to approve its restructuring plan, which has the support of employees, unions, and 70pc of creditors by value.

Obama administration officials described the bankruptcy process as “purely surgical”, saying it would take 30-60 days for the new Chrysler to re-emerge.

Filing for bankruptcy will allow Chrysler to access $3.3bn in new debtor-in-possession financing from the US government, intended to ensure it can operate as normal through the process, as well as $4.7bn in US loans on exiting Chapter 11, on top of $4bn already loaned back in December. The Canadian and Ontario governments will provide a further $2.42bn.

In return, on formation of the new Chrysler, the US government will own an 8pc stake — and its Canadian counterparts a 2pc stake — and will be able to nominate five directors between them.
Fiat will get a 20pc stake in the new company to begin with, but President Obama stressed the Italian company will not be allowed to take a majority stake until “every taxpayer dime” has been repaid. UAW, will have a 55pc stake.

http://www.telegraph.co.uk/finance/newsbysector/transport/5252690/Chrysler-driven-into-bankruptcy.html

Saturday 20 December 2008

Buying Stocks on the Verge of Bankruptcy

QUESTION: Why is it that investors are buying stocks in companies that are on the verge bankruptcy like AIG (AIG: 1.60, -0.07, -4.19%) and General Motors (GM: 4.49, +0.83, +22.67%)? Is there any benefit to buying at this price, and what would be the worst-case scenario of my investment?
--Mike Ghazala

ANSWER: Let's get right to the point: The worst-case scenario is you lose your entire investment. When a company files Chapter 11 the business is reorganized, but there's no guarantee shares will be worth anything once the company emerges from bankruptcy protection. Ditto for a Chapter 7 bankruptcy liquidation, in which a company's assets are sold off. Rules governing corporate bankruptcies generally dictate that secured and unsecured creditors -- banks, bondholders and the like -- get paid off first. Stockholders are last in line, and often there's nothing left by the time their turn comes around. If there are assets remaining, stockholders may receive shares in the newly reorganized company.

So why do investors buy shares of companies on the verge of bankruptcy?

Some may truly believe the company will avoid disaster and bounce back, making the shares an attractive long-term investment.

More often than not, though, investors are looking to make a quick buck on a short-term trade. In that case fundamentals are thrown out the window. Hedge funds and institutional trading desks are often involved in highly leveraged trades of these extremely volatile stocks. With such heavy hitters in the game, and so much uncertainty surrounding the companies, we recommend that individual investors keep their distance.

One other note: Even in bankruptcy a company's shares may continue to trade, often for pennies apiece. While the low price might be tempting, liquidity is spotty because the stocks are usually forced to trade over the counter rather than on a major exchange like the NYSE.



http://www.smartmoney.com/personal-finance/college-planning/financial-crisis-answer-center/?cid=1108