General Motors (NYSE:
) could soon see some pain, as a lawsuit is set to pit general
creditors against hedge funds.
, the lawsuit went to trial Tuesday and involves Elliott Management
and Fortress Investment Group (NYSE:
It has been an eventful week for GM, as Dutch car manufacturer
currently suing the company for $3 billion
on behalf of its Swedish subsidiary Saab.
Spyker claims that GM purposely sent Saab into bankruptcy by
blocking a deal with a Chinese car manufacturer. According to
Spyker, GM interfered with a deal between Saab, Spyker and Chinese
investor Zhejiang Youngman Lotus Automobile. Through this deal,
Saab would have been able to restructure and remain solvent. The $3
billion claim against GM is the amount that the deal with Youngman
would have been worth.
A trust for creditors of the old, bankrupt part of the
auto-maker now known as Motors Liquidation Co. sued the hedge funds
in a Manhattan bankruptcy court in March, alleging that while GM
was preparing its bankruptcy filing on June 1, 2009, four hedge
funds, which held notes in a Canadian unit of GM, "saw an
eleventh-hour opportunity for profit and pounced."
This latest lawsuit will only serve to undo the new GM further.
According to Bloomberg, "The trust seeks to have a $2.67 billion
claim and a $367 million payment negotiated for holders of notes in
GM's Nova Scotia unit disallowed or reduced, saying the hedge funds
seek more than three times what General Motors actually owed
The trust is known as the Motors Liquidation Co.'s GUC Trust and
it represents the rights of creditors to recover stocks and
warrants in the case. It recently traded at $13.94.
"New GM intends to participate in the trial of the claims
objection to the extent required to protect and preserve the sale
order," lawyers for the company wrote.
The crux of the case seems to be that as GM didn't complete its
agreement with the hedge funds until after it filed for bankruptcy,
it required approval from bankruptcy court and never got it.
The next couple of weeks could prove integral to General Motors'
On Wednesday, General Motors traded flat at about $20.40.
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