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On eve of bankruptcy, US firms shower executives with bonuses

reuters.com

11–20 of 306 posts

Re: On eve of bankruptcy, US firms shower executives with bonuses

#11

This sort of thing ought to be grounds for a lawsuit from shareholders, or other creditors.

It's certainly unsavory. What would the legal basis for that suit be? Would it be simpler to have Congress stake a claim than to have the judiciary make a decision with a legal code that remains muted on the issue?

Re: On eve of bankruptcy, US firms shower executives with bonuses

#12
post #7

Is there any research claiming that giant executive bonuses, in this case seemingly at the expense of the company they govern, is optimal for some macroeconomic quality that benefits the society at large? Or do we allow this behavior because we believe it is immoral to prevent giant executive bonuses as a matter of principle?

[deleted]

Re: On eve of bankruptcy, US firms shower executives with bonuses

#13
post #10
post #3

I’m not pro this or trying to justify it. But I just had a thought. Maybe they want to retain the execs to fix the mess? I think most people would start looking for a new job as soon as they heard that the company they work for is filing for bankruptcy. What would happen to a company if all good people left?

You could argue the people responsible for the decisions that resulted in the company going bankrupt aren’t the good people.

It's legal to be a bad person in the United States. The government is purposely mute on the matter of the morals of its citizens. As a democracy, the principle that allows us to prevent this behavior, if we deem it unacceptable, is to codify it in law, and make the specific behavior illegal.

Re: On eve of bankruptcy, US firms shower executives with bonuses

#15
post #8

Can't creditors go after them in bankruptcy court? If not I see a easy way to make money.

According to the article it's a loophole

> Under a 2005 bankruptcy law, companies are banned, with few exceptions, from paying executives retention bonuses while in bankruptcy. But the firms seized on a loophole by granting payouts before filing.

Re: On eve of bankruptcy, US firms shower executives with bonuses

#16
post #3

I’m not pro this or trying to justify it. But I just had a thought. Maybe they want to retain the execs to fix the mess? I think most people would start looking for a new job as soon as they heard that the company they work for is filing for bankruptcy. What would happen to a company if all good people left?

> Maybe they want to retain the execs to fix the mess?

Then make this a part of their executive employment contract.

Re: On eve of bankruptcy, US firms shower executives with bonuses

#17
post #10
post #3

I’m not pro this or trying to justify it. But I just had a thought. Maybe they want to retain the execs to fix the mess? I think most people would start looking for a new job as soon as they heard that the company they work for is filing for bankruptcy. What would happen to a company if all good people left?

You could argue the people responsible for the decisions that resulted in the company going bankrupt aren’t the good people.

They are... if you want someone to take the flak for extracting maximum stockholder value as the company fails, you call these guys in... they make a couple of million and go to the next company to fuck that one up.

Re: On eve of bankruptcy, US firms shower executives with bonuses

#18
post #6

The execs getting the bonus know that other USA execs won't frown on this. The execs getting the bonus know regulators won't come after them. The execs getting the bonus know the media won't name and shame them. The execs getting the bonus know that nobody in their social circle will shun them. The execs getting the bonus don't even think this is wrong, as the main aim is to grab what you can when you can, and if it'…

It's completely rational. The company is going into bankruptcy. The money can be mine or someone else's. If you had a chance to get $1,000,000 or the bank takes it with no consequences what do you do?

The money is already someone else's, by law: the creditors'. Rational != ethical, which is what the GP is arguing.

There are many things that are entirely rational to do that we nevertheless don't do. Either due to societal mores or laws, or both.

Re: On eve of bankruptcy, US firms shower executives with bonuses

#19
post #7

Is there any research claiming that giant executive bonuses, in this case seemingly at the expense of the company they govern, is optimal for some macroeconomic quality that benefits the society at large? Or do we allow this behavior because we believe it is immoral to prevent giant executive bonuses as a matter of principle?

There is evidence in both directions, but the data isn't great, because one of the reasons that boards offer large bonuses is to attract 'talent' to troubled or stagnant companies (which don't look great on the resume). Jim Collins (author of "Good to Great") has made the case that other factors are much more important.

The other thing to keep in mind is that the 'huge' bonuses usually aren't very large from an income statement point of view; if you bought an extra 0.5% growth (or savings), it was easily worth it.

As to why this is allowed, I think it's seen as a private transaction between well-informed and consenting parties, so there needs to be a compelling reason for legislation and regulation.

Re: On eve of bankruptcy, US firms shower executives with bonuses

#20
post #3

I’m not pro this or trying to justify it. But I just had a thought. Maybe they want to retain the execs to fix the mess? I think most people would start looking for a new job as soon as they heard that the company they work for is filing for bankruptcy. What would happen to a company if all good people left?

Why yes, the executives do want to retain the executives, it turns out. While retention bonuses are actually fairly common for leadership of a company in crisis, it still doesn't look good to be making that decision while also plotting to lay off the lower tier employees.
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