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CIT Bankruptcy Plan May Win OK at Dec. 8 Hearing

Published: Tuesday, 3 Nov 2009 | 12:58 PM ET

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By: Reuters

A US bankruptcy judge set a December 8 hearing to consider approval of CIT Group's reorganization plan, aiding the large commercial lender's effort to emerge from bankruptcy by year's end.
CIT Group inc.
Photo by: Americasroof

"We are on a very fast track," Judge Allan Gropper said at a Tuesday hearing in Manhattan bankruptcy court.

A quick reorganization is crucial if New York-based CIT expects to retain most of its customers, and remain what its lawyer Gregg Galardi called "a source of strength" for its banking unit, which did not file for bankruptcy protection.

It is also crucial for the several hundred thousand small- and mid-sized businesses that depend on CIT for financing such as the operators of Dunkin' Donuts stores. Small businesses employ about half of the U.S. labor force.

"This is a financial services company that has to make loans, and is perceived by the market to need to make loans," said Galardi, a partner at the law firm Skadden, Arps, Slate, Meagher & Flom LLP. There is a "need for speed," he added.

CIT filed for Chapter 11 protection on Sunday, one of the five-largest bankruptcies in U.S. history, to reduce $10 billion of debt following a failed debt exchange offer.

The filing came after CIT gathered support from most of its bondholders to restructure, and a $1 billion financing commitment from investor Carl Icahn. It hopes to begin soliciting formal approval from creditors for the reorganization plan Friday.

CIT also has a dominant position in factoring, which often involves short-term financing for customers that provide merchandise to retailers. Wells Fargo [WFC Loading... () ]is also another provider of factoring.

According to its bankruptcy petition, CIT had $71 billion of assets and $64.9 billion of liabilities on June 30.

Government Stake Endangered

The reorganization plan calls for unsecured debtholders to receive 70 cents on the dollar of new notes plus new common stock.

By contrast preferred shareholders, including the U.S. government which injected $2.33 billion through the Troubled Asset Relief Program, could be wiped out.

That would be the first realized loss for the $700 billion program. Shares of CIT began trading on the Pink Sheets on Tuesday. In afternoon trading, the shares were up 1 cent at 26 cents.

CIT's operating units, including the bank, were not part of the bankruptcy filing. It is likely that a post-bankruptcy CIT would depend more on deposits gathered by that bank to fund further lending for businesses, such as factoring and vendor financing.