OHGOON
No KoolAid please...
- Joined
- May 15, 2005
- Posts
- 1,154
It always seems to me that in bankruptcy competing plans should be allowed from day-1 so the creditors can compare deals (including the option of partial or total liquidation) to get the best return. The idea of leaving the management team of a failed company in place with the exclusive right to offer a reorganization plan always seemed strange to me. It's one of the things that makes bankruptcy such an attractive option; it creates a moral hazard issue especially when management teams are awarded new management contracts and equity stakes after the reorganization. Failure can be very profitable for a management team.
And here we have it! Legalized corruption. Mexico does it with guns and we do it with lawyers, judges and bought Congressional lackeys. Chapter 11 is the most corrupt law I have ever witnessed. Incentivizing management mediocrity is not in the best interests of anyone but the idiots who are trying to bilk the system at whatever the cost to the rest of society. :angryfire