U.S. Senators and GM Bankruptcy - By David Hakim

Rejoice! Rejoice!
We Have
 A Choice To Carry On!

Welcome To David Hakim.com


U.S. SENATORS AND GM BANKRUPTCY

About a year ago when the market was declining, my wife, Judy, became concerned about the substantial losses in her market portfolio.  However, I felt that instead of shifting to bonds she should retain her mutual funds and invest in General Motors Corporation and Ford Motor Company (I had some success in trading in Ford stock earlier).

Since I believe what is good for the gander should be good for the goose, I felt I should follow my own advice and purchased shares of GM and Ford.

I made a profit with Ford but with news of the government taking over GM and issuing new stock to replace the old, I felt that I should do what I can to change the situation.   I do not believe that spirit likes to see opportunities created by men being taken over by the government, especially with substantial losses to many individuals. 

I believe that President Barack Obama has good and necessary ideas to keep the economy from collapsing further, but not on the backs of many of our citizens.  Therefore, I wrote and emailed the following letter to all 100 of our U.S. Senators:

 

September 25, 2009

Dear Senator:

I am requesting legislation that would assure that an entity, and perhaps even General Motors which filed for Chapter 11 of the Bankruptcy Code, can maintain the original purpose of the chapter:  to assist the entity to stay in business and guide the proceedings to an adjudication that is fair to the owner(s) of the company, including common shareholders. 

I bought 5,000 of shares of General Motors common stock before the company filed for bankruptcy.  My stock is likely to become worthless when the government allows sale of the "New GM" stock.

I believe Chapter 11 which is distinct from Chapter 7 (liquidation) was originally enacted to restrain creditors of an entity desiring to substantially remain in business from extremely disrupting the operation of the entity with numerous lawsuits and thereby splitting it apart little by little.  Therefore, shouldn't this distinction be maintained and an entity be allowed to pay off its debts as quickly as it can, even if years pass by?  In this manner the rights of everyone, even shareholders, who by law own the company, would be protected. 

Any problems GM or another entity has with its creditors can be solved by the government lending the entity sufficient funds to keep its creditors solvent.  Perhaps such an application can be made available to any company during the bankruptcy proceedings.

As for the U. S. Government owning General Motors or another entity which has been lent money:   I believe the closest analogy would be to consider GM or the entity to hold the investment by the government in trust, and when it pays back the government, the interest of the government would be liquidated.  All the government need do, if necessary, is temporarily control GM or the entity!

Of course General Motors needed rescuing.  However, the rescuing would not have been needed if the government did not permit homes sold without significant down payment and the legalization of Credit Default Swaps!

Many have lost (or will lose) their life savings with government action in General Motors' bankruptcy. Are we at a point in the history of our nation that we need to wantonly terminate a party’s rights in property?   Are the shareholders harming or depriving others of their rights by their ownership of stock?

Even Michigan’s Governor Jennifer Granholm encouraged people to purchase shares of GM!

With fair taxation of everyone in our nation, we as a nation can afford to let GM take years to pay off its debt, because with fair taxation the money would come pouring into the United States Treasury.

Sincerely,

David C. Hakim
davidhakim@hotmail.com
www.davidhakim.com