Hot Air posted an article today about General Motors’ return to bankruptcy court. Yes, you read that right. General Motors has returned to bankruptcy court to request that Judge Gerber enforce the liability shield it constructed during its 2009 Chapter 11 bankruptcy proceedings. What General Motors wants is to insure that any lawsuits dealing with the ignition switch defect can only be brought against the Old GM shell.
The article reports:
There are at least 59 potential class-action lawsuits in the works seeking economic loss damages, but to get them, they will have to unwind the liability shield somehow.
One way to do that would be to demonstrate that GM had committed fraud by concealing the ignition switch defect before the bankruptcy. Another potential avenue would be to establish that the bankruptcy shield had denied the plaintiffs due process by depriving them of their day in court now that the ignition switch defect has been made public.
The court proceedings mark the sixth ongoing probe of GM, following investigations launched by Congress, an undisclosed state attorney general, the U.S. Attorney’s office, the SEC, and the NHTSA. GM also has an internal probe trying to determine who knew or should have known about the problem that has claimed at least 13 lives and cost GM car owners millions of dollars.
There are some real questions about who knew about the ignition problem and when they knew, but the bankruptcy proceedings of General Motors were not your ordinary bankruptcy proceedings from the beginning. Taxpayers lost nearly $10 billion in the bailout (see rightwinggranny.com). The rules of bankruptcy were not followed, and essentially the company was turned over to the unions. Evidently the unions had no more regard for the safety of the average American than did the corporate executives.