Above the Law has more on the Second Circuit Court of Appeals’ decision to let the bankruptcy court’s decision stand in the Chrysler bankruptcy over the challenges of Indiana Treasurer Richard Mourdock and the Indiana funds.
A key piece of information I don’t think has been made too clear in most news reporting is that Indiana bought the debt it now holds for $0.43 per dollar in July 2008. Under the plan it is challenging, it will be paid $0.29 per dollar. Given what happened economically in this country between July 2008 and the present, it’s hard to view that decline in value as somehow unconscionable. I know a lot of people with reasonably safe investments who would have been thrilled to see a decline of only 14 cents on the dollar for their investments over the past year.
The sale will remain stayed until 4 p.m. on Monday to give the Indiana funds a chance to try to get the Supreme Court to look at the case.