New Chrysler Takes Shape As Fiat Alliance Formalized; New CEO Marchionne starts to spin his magic immediately

June 10, 2009 at 5:09 pm

(Source: Dow Jones via Wall Street Journal & LeftLane News.com, WTOP)

Italy’s Fiat is the new owner of most of Chrysler’s assets, closing a deal Wednesday that saves the troubled U.S. automaker from liquidation and places a new company in the hands of Fiat’s CEO.  The deal creates a leaner company known as Chrysler Group LLC, which is not in bankruptcy protection and is free of billions in debt, 789 underperforming dealerships and burdensome labor costs that hobbled the old Chrysler LLC.   The future of Chrysler Group LLC began to take shape Wednesday as its new leadership announced sweeping management and organizational changes.

The announcements came as Chrysler merged its assets with Fiat SpA (FIATY), following a six-week bankruptcy process for the U.S. auto maker. The last hurdle to the sale of Chrysler assets to Fiat was cleared late Tuesday when the U.S. Supreme Court rejected creditors’ objections to the deal.

The completion of the Chrysler deal bolsters President Barack Obama’s administration, which guided Chrysler through bankruptcy and hopes that a concurrent restructuring at General Motors Corp. (GM), which filed for Chapter 11 on June 1, will also be completed quickly.

Chrysler confirmed that its new Chief Executive is Sergio Marchionne, who also serves as Fiat’s CEO. Marchionne replaces Robert Nardelli, who served as Chrysler’s chief for the past 20 months. As reported, Robert Kidder, the lead independent director at Morgan Stanley, will become chairman of Chrysler’s new board of directors. Current Vice Chairman Jim Press will be appointed deputy CEO and special advisor, the company said.

Marchionne said in a letter to Chrysler employees that the company will be more focused and nimble, benefiting significantly from its global alliance with the Italian auto maker.   The new Chrysler Group LLC noted that it would soon reopen Chrysler factories that were idled during the bankruptcy process, costing the automaker $100 million per day.

Under the old Chrysler, the automaker’s three brands – Chrysler, Dodge and Jeep – were all vertically integrated. However, Fiat has now separate all parts of Chrysler—including its Mopar parts division – with executives heading up each division. The new setup largely mirrors Fiat’s management style with its Fiat, Alfa Romeoand Lancia brands.

“The new company moves forward with significant strategic advantages, including a healthy balance sheet, a competitive cost structure, a leaner and more efficient dealer network, sound supplier agreements and significantly improved product quality and operational efficiency,” he said in the letter.

Chrysler, the smallest of the three U.S. auto makers, sought emergency government aid and was forced to file for bankruptcy in recent months owing to a steep decline in sales that drained the company’s cash. Chrysler enters this new chapter of its storied history at a time when the outlook for the auto industry remains bleak, amid continued economic weakness and tight credit conditions. Jim Press – Chrysler’s former co-president – might have been questioning his decision to move from Toyota to Chrysler in 2007 in recent weeks, but the automotive exec’s career is safe as Fiat CEO Sergio Marchionne has named Press the deputy CEO of the reborn Chrysler.

Michael Manley, Michale Accavitti and Peter Fong, all of whom were previously with Chrysler, will run Jeep, Dodge and Chrysler, respectively. Pietro Gorlier, who joins Chrysler from Fiat, will head Mopar.

Chrysler’s swift passage through about six weeks of bankruptcy proceedings was helped by the involvement of the Obama administration’s auto task force, which provided billions in financing and helped negotiate a deal with the company’s stakeholders.

As part of the reorganization plan, the new Chrysler will be 20% owned by Fiat, while more than 55% will be controlled by the United Auto Workers union. Fiat’s stake could increase to 35% if the new company meets benchmarks intended to insure the development of fuel-efficient vehicles in the U.S., and it has the option to become the majority stakeholder once U.S. loans have been repaid. The U.S. and Canadian governments also have minority stakes.

The sale to Fiat SpA marks a victory for the Obama administration, which shepherded Chrysler LLC into Chapter 11 protection on April 30 with the hope that the company would emerge in a matter of months with a new partner.

“This morning’s closing represents a proud moment in Chrysler’s storied history,” said the Treasury Department in a written statement. “The Chrysler-Fiat Alliance has now exited the bankruptcy process and is poised to emerge as a competitive, viable automaker.”

The government will loan the new company $4.7 billion, to be repaid within eight years along with interest and $288 million in fees.

The Treasury had given Chrysler LLC $3.3 billion in debtor-in-possession financing to support the company throughout the bankruptcy process. Chrysler LLC remains in bankruptcy court, as it winds down operations, selling plants it doesn’t want, dispersing payments to debtholders and settling any other claims that were not transferred to the new company. Those actions could linger until next year, if not longer.

As part of the alliance, Fiat will contribute to Chrysler technology, platforms and powertrains for small- and medium-sized cars.

Supreme Court clears the way for Chrysler-Fiat deal

June 9, 2009 at 8:45 pm

(Source:  AP via Yahoo)

The Supreme Court on Tuesday cleared the way for Chrysler LLC’s sale to Fiat, turning down a last-ditch appeal by opponents that included consumer groups and three Indiana pension plans.

The court rejected a plea to block the sale of most of Chrysler’s assets to the Italian automaker. Chrysler, Fiat and the Obama administration had warned that the high court’s intervention could have scuttled the sale.

federal appeals court in New York had earlier approved the sale, but gave opponents until Monday afternoon to try to get the Supreme Court to intervene.

Justice Ruth Bader Ginsburg ordered a temporary delay just before a 4 p.m. deadline on Monday. A little more than 24 hours later, the court freed the automakers to complete their deal.

The opponents include a trio of Indiana pension plans, consumer groups and individuals with product-related lawsuits.

The court issued a brief, unsigned opinion explaining its action. To obtain a delay, or stay, someone must show that at least four of the nine justices find that the issue raised is serious enough to warrant hearing a full appeal and that a majority of the court will conclude the lower court decision was wrong.

“The applicants have not carried that burden,” the court said.

Indiana Treasurer Richard Mourdock expressed disappointment with the decision and said options seem limited for opponents of the sale. “Obviously the supreme court of the land is the supreme court of the land,” Mourdock said. “The United States government has, I continue to believe, acted egregiously by taking away the traditional rights held by secured creditors.”

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Legal blow to Police! Supreme Court Limits Searches of Suspect’s Car After Arrest

April 21, 2009 at 7:58 pm

(Source: Washington Post)

The Supreme Court today sharply limited the power of police to search a suspect’s car after making an arrest, acknowledging that the decision changes a rule that law enforcement has relied on for nearly 30 years.

 In a decision written by Justice John Paul Stevens, an unusual five-member majority said police may search a vehicle without a warrant only when the suspect could reach for a weapon or try to destroy evidence or when it is “reasonable to believe” there is evidence in the car supporting the crime at hand.  Stevens was joined by two of his most liberal colleagues — Justices David H. Souter and Ruth Bader Ginsburg — and two of his most conservative — Justices Antonin Scalia and Clarence Thomas.

The court noted that law enforcement for years has interpreted the court’s rulings on warrantless car searches to mean that officers may search the passenger compartment of a vehicle as part of a lawful arrest of a suspect. But Stevens said that was a misreading of the court’s decision in New York v. Belton in 1981.

“Blind adherence to Belton’s faulty assumption would authorize myriad unconstitutional searches,” Stevens said, adding that the court’s tradition of honoring past decisions did not bind it to continue such a view of the law.

“Police could not reasonably have believed either that Gant could have accessed his car at the time of the search or that evidence of the offense for which he was arrested might have been found therein,” Stevens wrote.

Justice Samuel A. Alito Jr., writing for the four dissenters, said the court’s insistence that its precedents had been misinterpreted was simply a cover for getting rid of a decision with which it disagreed.

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