{"id":795,"date":"2009-05-05T07:37:31","date_gmt":"2009-05-05T07:37:31","guid":{"rendered":"http:\/\/www.rightwinggranny.com\/?p=795"},"modified":"2009-05-05T07:37:31","modified_gmt":"2009-05-05T07:37:31","slug":"chrysler_and_the_tarp","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=795","title":{"rendered":"Chrysler And The TARP"},"content":{"rendered":"<p>Ed Morrissey at <a href=\"http:\/\/hotair.com\/archives\/2009\/05\/04\/senior-creditors-chrysler-deal-violates-5th-amendment\/\">Hot Air<\/a>&nbsp;has a post this morning about the ongoing negotiations between Chrysler and the government regarding bankruptcy.&nbsp; It&#8217;s a complicated post, but the basic idea is that the pressure the government is putting on the secured creditors is contrary to the 5th Amendment.&nbsp; According to the article:<\/p>\n<blockquote dir=\"ltr\" style=\"MARGIN-RIGHT: 0px\">\n<p><em>&#8220;The Supreme Court long ago recognized, however, that a secured creditor&#8217;s interest in specific property is protected in bankruptcy under the Fifth Amendment. Louisville Joint Stock Land Bank v. Radford, 295 U.S. 555, 594 (1935). That case involved a Depression-era statute that was intended to help bankrupt farmers avoid losing their land in <nobr><a class=\"GVAdLink\" id=\"GVLINK_2_0_0\" href=\"http:\/\/hotair.com\/archives\/2009\/05\/04\/senior-creditors-chrysler-deal-violates-5th-amendment\/#\"><font color=\"#006600\">mortgage foreclosure<\/font><\/a><\/nobr>. The statute in Radford provided that the bankrupt debtor could achieve a release of the security interests either (i) with the lender&#8217;s consent, purchasing the property at its then appraised value by making deferred payments for two to six years at statutorily-set interest rates; or (ii) by seeking from the bankruptcy court a stay of the proceedings for up to five years during which time the debtor could use the property by paying a rent set by the court, which payments would be for the benefit of all creditors, with a purchase option at the end of that period. Id. at 856-57.&#8221;<\/em><\/p>\n<\/blockquote>\n<p dir=\"ltr\">That&#8217;s more words than I want to think about, but we need to pay attention to this.&nbsp; One of the problems with our current government is that there are <strong>NO <\/strong>checks and balances on the power of the federal government right now.&nbsp; The news media is not acting as a check and Congress is not acting as a check.&nbsp; This is dangerous to us as a country.&nbsp; According to the article at <a href=\"http:\/\/hotair.com\/archives\/2009\/05\/04\/senior-creditors-chrysler-deal-violates-5th-amendment\/\">Hot Air<\/a>, the purpose of the ruling by the Supreme Court was to prevent the government from paying off politically-connected unsecured creditors ahead of the senior creditors.&nbsp; That is exactly what President Obama is attempting to do.&nbsp; Keep in mind the amount of money the Democrats receive from Unions and the discussion of how to handle Chrysler becomes one of political patronage&#8211;not of economics.&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Ed Morrissey at Hot Air&nbsp;has a post this morning about the ongoing negotiations between Chrysler and the government regarding bankruptcy.&nbsp; It&#8217;s a complicated post, but the basic idea is that the pressure the government is putting on the secured creditors &hellip; <a href=\"https:\/\/www.rightwinggranny.com\/?p=795\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-795","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/795","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=795"}],"version-history":[{"count":0,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/795\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=795"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=795"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=795"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}