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Joined 1 year ago
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Cake day: August 14th, 2023

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  • That shouldn’t mean we make up the facts.

    You’re the one getting facts wrong!

    You’ve said that the Jones-affiliated bid was higher, which is incorrect. The Onion’s $7 million bid was higher, which is why the bankruptcy judge said that the other bidder should’ve been given an opportunity to improve its bid.

    You’ve said that the $7 million valuation wasn’t based on anything. It’s a straightforward formula for determining the value when to reduce the claims of the creditors who wanted to credit bid.

    You’ve said that the $7 million valuation was made up based on estimates of future cash flows. Future payments have nothing to do with the bid, and weren’t used in the formula to calculate the value at $7 million. That value is how much this bid brings to the estate immediately.


  • Even future payments were a percentage of profits and but not guaranteed.

    That’s not part of the bid. The bid only had two components: a cash portion and a commitment to reduce claims by certain creditors. For non-participating creditors, it’s the exact same equivalent as a $7 million cash payment to the estate.

    Future promises were made to families to incentivize them to reduce their claims (and therefore bring more money to the estate), but that’s not part of the bid itself.

    I think you’re struggling to understand what’s happening here because you’re so anchored on your initial incorrect perceptions.


  • There was some future payments promised

    It’s not future payments promised. Just a division of who to split the proceeds with. And so for the typical creditor who didn’t credit bid, The Onion’s bid was worth the equivalent of a $7 million cash bid, and therefore was more valuable than the Jones affiliates’ $3.5 million cash bid.

    It’s just math. The Onion bid was higher, and the judge said that the losing bid should’ve been given an opportunity to improve the bid to get a chance to win, and maybe raise even more money.




  • I’ve been following this closely.

    The normal way bankruptcy auctions go is basically some version of this:

    1. Everyone who wants to bid has to sign an NDA about the assets.
    2. Everyone who signs the NDA can perform their due diligence, look at financial statements and other confidential information about the assets in the auction, to figuratively kick the tires. If there’s actual physical property involved, bidders are generally allowed to physically inspect it (if it’s a tractor, for example, you can bring a mechanic to help sort out the tractor’s condition).
    3. Before the deadline, every bidder submits a secret bid to the trustee.
    4. The trustee evaluates the bids, looks to see which is best, and decides whether the top bids are close enough to hold a live public auction or allow topping bids for the bidders to say “hey you’re only $1 million short from the current top bid, you want to throw more money at this?,” and going around and around until the trustee is sure they’ve gotten the best and final bid from everyone.

    The judge is upset that the trustee didn’t really do step 4, which in the bankruptcy process is designed to squeeze out the highest possible price for the sale. The losing bidder says they submitted a lower bid than their absolute top “best and final” they would have, because they thought they’d have an opportunity to improve the bid in a step that never happened.

    So they’re going back to do it again. Presumably the trustee will propose a new auction process that explicitly puts out well defined rules on how creditors (like the Sandy Hook families) can credit bid with credit against their own claims, instead of actual cash. They’ll need to calculate exactly how much each dollar of credit bid brings to the non-participating creditors (like Sandy Hook families who don’t want to credit bid), and make sure that for each creditor who isn’t credit bidding gets the most money out of the sale.

    I don’t think it’s over. The judge specifically said that he believes the trustee tried to do the right thing, but ultimately didn’t follow a process that was designed to raise the most money.





  • You’d take the 2nd choice and hire bodyguards. Sure, you might. But not everybody would.

    No, the question isn’t whether everyone would. It’s whether anyone would. And the answer is obviously yes.

    So now the position is filled. Did the healthcare system change?

    My argument is that no, you can’t kill your way to reform on this one. There will always be another CEO to step into that place.

    And the ratio of dead would-be assassins to CEOs would also pile more bodies on.



  • There’s a difference once they start considering their own lifes on the line.

    They won’t. Anyone who has a semblance of belief that their decisions in the job might actually cause their own death just won’t do the job. Instead, it becomes a filter for choosing even more narcissistic/sociopathic people in the role.

    And once they’ve internalized the idea that any decision made by any one employee of the company, including their predecessor CEOs, can put them in danger, it’s pretty attenuated from the actual decisions that they themselves make.

    It’s a dice roll on a group of people, which isn’t enough to influence the individuals in that group.


  • We all know that the death of a CEO is a blip in the actual day to day operations in the company. The teams and departments will continue operating as before, and the broad strategic decisions made by the executives aren’t going to factor in a remote likelihood of violence on a particular executive.

    After all, if they’re already doing cost/benefit analysis with human lives, what’s another life of a colleague, versus an insurance beneficiary?

    They’ll just beef up personal security, put the cost of that security into their operating expenses, and then try to recover their costs through the business (including through stinginess on coverage decisions or policies).




  • The whole conversation from the vegan side has been that those proteins and other substances essential to cats are already commonly synthesized for things like animal feed or even human energy drinks. Your own source says it’s impossible without synthetic supplementation, but the deleted comments from that dumpster fire were specifically about synthetic supplementation.

    I’m not an expert in this stuff but I can see when comments aren’t actually engaging with arguments from the other side, which is why I think that the vegans have the better argument in this whole saga.