New York (HedgeCo.Net) – Hedge Fund Appaloosa Management may have tried to turn their back on Delphi, but somehow they just can’t seem to get away. Ensnarled in a nasty court battle with the Michigan auto parts supplier, the judge is now reconsidering original fraud claims brought against the New Jersey based hedge fund.
Delphi had sued the investor group headed by Appaloosa that originally agreed to inject $2.55 billion into the bankrupt company that was supposed to help lift them out of Chapter 11. The investors commitment was going to provide a much needed piece of the $6.1 billion in financing that Delphi needed to secure by the April deadline. When Appaloosa walked away as the deadline neared, Delphi was left scrambling, clinging only to former parent company General Motors.
Judge Robert Drain told a Manhattan Court this week “It seems to me that I was unclear in what aspects of the allegations needed to be dealt with…I may have well been wrong.”
Drain said that when he dismissed this claim for fraud originally, he did not feel that Appaloosa made “affirmative misrepresentations” to Delphi about plans to scrap the financing deal. Now, Drain is reconsidering, saying that any failures to communicate a change of mind could very well constitute fraud.
Both parties were asked to gather more information and submit briefs on the fraud claim by the next hearing on October 21. Delphi is seeking damages from Appaloosa and a ruling that could make them deliver their original financial obligation.
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