Federal-Mogul Corp. (USA) has exited Chapter 11 bankruptcy protection, after becoming one of the
United States' longest-running cases.
Federal-Mogul was forced into bankruptcy at the end of third quarter 2001. Already in financial and
operating trouble due to ongoing problems in its automotive parts manufacturing businesses, F-M was pushed
over the edge by a mountain of asbestos-related liability and disability claims. The number of asbestos
lawsuits ultimately came to nearly 400,000.
article: Federal-Mogul files Chapter 11 bankruptcy
The essence of the exit plan, from F-M:
Under the Plan, liability for all asbestos personal injury and wrongful death claims against
Federal-Mogul and its affiliates under the Plan will be assumed by an asbestos trust in accordance
with the terms of the Plan. Holders of pre-bankruptcy Federal-Mogul bonds will receive stock in
post-bankruptcy Federal-Mogul Corporation. Holders of most other claims will receive either cash
payments or stock in post-bankruptcy Federal-Mogul Corporation, depending upon an election they
previously made. All common stock in Federal-Mogul Corporation issued prior to December 27, 2007
is canceled under the Plan, and holders of that stock will receive warrants to purchase shares in
post-bankruptcy Federal-Mogul Corporation as described in the Plan.
F-M's bankruptcy has been controversial. Since filing for bankruptcy protection, the company has
been through several management teams, and criticized widely for abusing the system; for example,
creditors faulted the company for floating reorganization plans which had no support from creditors, or
which were based on dubious financial forecasts, in order to buy time with the courts. The court
has also been criticized for allowing the tactics and prolonging the process.
Exiting bankruptcy, financier Carl Icahn holds 25.1% of the company's stock. All former shareholders
have seen the value of their holdings wiped out.
Ironically, F-M's asbestos litigation settlement comes as many asbestos injury cases are being
called into question, with many thousands of unsupported medical claims rejected by courts nationwide.
The asbestos claims trust owns just over 50% of F-M shares going forward. But Mr. Icahn also has
options to buy all of the asbestos trust Class B shares, for approximately $900 million, giving him
close to 76% ownership of Federal-Mogul.
F-M's new nine-member board will have three from Mr. Icahn's Tracinda group, three from the
asbestos trust group, Mr. Icahn, current CEO Mr. Alapont, and the head of the creditor's committee.
If Mr. Icahn's group buys all of the available shares, the board will be reduced to five members,
also removing the four from the creditor's committee.