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General Motors prepares for bankruptcy -- Was Wagoner lying?

Bloomberg reports that General Motors (NYSE: GM) is "speeding up" its preparations for a bankruptcy filing as talks with the UAW and bondholders have stalled. One plan being considered is a 363 sale, which would create a new company with GM's brands and assets, unencumbered by its staggering obligations.

And now for a little discussion of former GM CEO Richard Wagoner, one of my favorite punching bags for the current recession. Mr. Wagoner spent months telling anyone who would listen that bankruptcy was "not an option", even as more rational analysts insisted that it was very much an option.

Now bankruptcy in some form is looking like an increasingly likely possibility and shareholders who have already been hammered stand to be wiped out completely.

The question that securities lawyers will be asking is this: Was Wagoner misleading investors when he said that bankruptcy wasn't a possibility? There will be plenty of litigation surrounding a GM bankruptcy, and this could add to it.

To be fair to Wagoner, there were plenty of other rose colored glasses types waxing about GM's future. In December, Nancy Pelosi said that "I think it's pretty clear that bankruptcy is not an option."

But Pelosi is a politician who doesn't have a responsibility to be honest with GM's shareholders. Richard Wagoner did, and he may have gotten himself into a world of trouble with his optimism.
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Last updated: November 25, 2009: 11:27 AM

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