The Supreme Court on Monday held up the final sale of Chrysler assets to a new Chrysler/Fiat partnership until they can further review the record in the case. The order was given by Justice Ginsburg, who is the justice with jurisdiction over the 2nd Circuit Court of Appeals where the case originated. The Detroit News reports:
The U.S. Supreme Court on Monday indefinitely delayed the sale of most of Chrysler LLC’s “good assets” as it continued to review whether to accept an appeal from a group of secured creditors — a move that throws into jeopardy a tie-up with Italian automaker Fiat Spa.
The one-sentence ruling revealed the nation’s highest court is seriously considering whether to hold up Chrysler’s emergence from bankruptcy. The order from Justice Ruth Bader Ginsburg postponed Chrysler from exiting until the court had more time to consider the case…
Indiana Treasurer Richard Murdock told CNBC the ruling was a “good sign” that the funds will get a hearing from the Supreme Court. “I doubt very much that would have granted us the stay if they weren’t going to grant us a full hearing,” Murdock said.
The Supreme Court did not actually agree to hear the case, it only put the proceedings on hold until they can decide whether to hear the case. The actual order (PDF) read:
IT IS ORDERED that the orders of the Bankruptcy Court for the Southern District of New York, case No. 09-50002, dated May 31 and June 1, 2009, are stayed pending further order of the undersigned or of the Court.
If the court decides to extend that stay order and hold hearings, it could put the entire bankruptcy plan in jeopardy. If the sale does not go through by June 15, Fiat has the right to pull out of the agreement. If the court does decide to hear an appeal, it would have to be done on an emergency basis.