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Bankruptcy judge rejects sale of Infowars to The Onion

nytimes.com

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Re: Bankruptcy judge rejects sale of Infowars to The Onion

#61

Earlier quoted context omitted.

Musk filed saying that he owns the X accounts and they aren't allowed to be sold according to the TOS. The X accounts were removed from the pending sale.

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It's also nonsense, if that was true then every merger and acquisition would need fresh Twitter accounts. He's thumbing the scale here and back justifying it.

Re: Bankruptcy judge rejects sale of Infowars to The Onion

#62
post #10

This is probably the correct decision. Alex Jones's vitamin company offered 2x more cash, and in the case of a bankruptcy, cash completely trumps any notion of "giving up debt." Especially when the debt being settled is astronomically large and you are giving up a very small portion of it ($7 million out of $1.5 billion). The other creditors are far better off getting more cash, and those $7 million of claims are wor…

Isn't it a little strange, though, that the system notionally decided that the families are owed an enormous amount of economic power as compensation for the nasty behavior of Alex Jones' media company, but at the same time it's obliging them not to use that economic power to prevent the sale of the media company to a "new owner" still affiliated with an unrepentant Alex Jones, who will undoubtedly continue the nasty…

There was no public auction of InfoWars. That alone is a stain on the whole process. The objective of a bankruptcy court is not to institute some arbitrary meta-ethical standard. It is to deliver maximum cash to the creditors in a fair manner.

>Is the issue that there are other creditors who are unhappy with this, who would get paid before the aggrieved families' damages would? The lawyers seem to be fine with it, as they're the ones advocating for this plan...

Based on discussions I've heard on this subject, a subset of the families was pledging money they didn't have in the non-competitive bidding. This is highly questionable. They may never receive the money they claim for the purchase. So by buying a real asset on the promise of money they aren't going to get, it is taking money away from other people who are rightfully owed money. If they wanted to do it the right way they could try to borrow the money from someone, but nobody in their right mind thinks Alex Jones has this money or ever did. The size of the judgement was calculated to lead to exactly this conclusion. As you said, the judgement was orders of magnitude more than the value of his company. So you should be satisfied with that. It is not necessary for the funniest possible outcome to manifest in order for justice to be served. Alex Jones will not go away because he has rights just like anyone else, and the legal process must conclude eventually.

Re: Bankruptcy judge rejects sale of Infowars to The Onion

#64

It is clear that Jones and his relatives have moved money and assets around in order to shield them from the verdict. Now, money that should have been already given to the victims is being used to steal back the megaphone that caused harmed in the first place. The end effect will probably be even more subscribers and money for Jones which he will use with even less restraint since he knows there are no consequences.…

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The offer would have seen the families temporarily forgo immediate cash in return for future ad revenue.

Re: Bankruptcy judge rejects sale of Infowars to The Onion

#65

It is clear that Jones and his relatives have moved money and assets around in order to shield them from the verdict. Now, money that should have been already given to the victims is being used to steal back the megaphone that caused harmed in the first place. The end effect will probably be even more subscribers and money for Jones which he will use with even less restraint since he knows there are no consequences.…

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Bankruptcy is not a punishment, neither is having to pay damages.

His business wasn't about the exercise of first amendment rights, it was about selling supplements and whatnot.

Re: Bankruptcy judge rejects sale of Infowars to The Onion

#66

This is probably the correct decision. Alex Jones's vitamin company offered 2x more cash, and in the case of a bankruptcy, cash completely trumps any notion of "giving up debt." Especially when the debt being settled is astronomically large and you are giving up a very small portion of it ($7 million out of $1.5 billion). The other creditors are far better off getting more cash, and those $7 million of claims are wor…

>The other creditors are far better off getting more cash The other creditors get more cash from The Onion's offer. It was specifically structured to give better-than-next-offer remuneration to minority creditors.

The Onion didn't have the cash. It was basically an IOU from one of the families, which is like saying "the very same guy going bankrupt is going to pay us money to buy this business from him" and that makes zero sense. There was also no transparency in the bidding. It should have been a simple auction, to get the maximum amount of money.

Re: Bankruptcy judge rejects sale of Infowars to The Onion

#67
post #60

Earlier quoted context omitted.

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He can't pay his debts. What alternative to bankruptcy do you propose?

I'm not arguing against bankruptcy. I'm saying that bankruptcy is a structured process that is supposed to generate monetary outcomes for everyone. Selling off assets in a non-competitive process is basically a criminal move, especially if you collude with one of the bidders who is also a creditor.

Bankruptcy itself aside, the judgement against Alex Jones here is huge. I haven't looked it up but I'm sure it broke records. The plaintiffs' initial demands of trillions of dollars were absolutely insane. They could have actually gotten more money with a lower judgement that allowed him to pay over time. But clearly restitution is not the objective.

Re: Bankruptcy judge rejects sale of Infowars to The Onion

#68
post #24

Earlier quoted context omitted.

Musk filed saying that he owns the X accounts and they aren't allowed to be sold according to the TOS. The X accounts were removed from the pending sale.

I haven't seen the filing, but I presume you mean that X filed saying that they own the accounts, right? I don't get why people conflate Elon Musk with the companies that he runs. I imagine he has controlling stakes in all of them, but for the most part he's probably not even a majority shareholder in most of the companies he's running.

You bring up a fair point. In my mind, Musk has taken so much control over X that it's more of a direct relationship than Tesla or SpaceX would be.

For this filing, IIRC It was reported that Musk instructed X to step in on Jone's request for help. That feels different to me than GM shutting down a project. It feels politically motivated by Musk's personal beliefs then a decision being made on the company's behalf for the benefit of the company.

But I do accept the criticism that it was X that filed, not Musk and I mis-spoke in my original comment

Re: Bankruptcy judge rejects sale of Infowars to The Onion

#70

Earlier quoted context omitted.

>The other creditors are far better off getting more cash The other creditors get more cash from The Onion's offer. It was specifically structured to give better-than-next-offer remuneration to minority creditors.

The Onion didn't have the cash. It was basically an IOU from one of the families, which is like saying "the very same guy going bankrupt is going to pay us money to buy this business from him" and that makes zero sense. There was also no transparency in the bidding. It should have been a simple auction, to get the maximum amount of money.

> The Onion didn't have the cash.

Correct, it was given up by the majority creditors in exchange for non-monetary considerations (specifically, the moral victory of having The Onion own Infowars).

> It was basically an IOU from one of the families

This is fine, people are allowed to act against their own financial interests. That's one thing that having ownership means is that you can ruin the thing you own for any or no reason. The court has zero reason to intervene if a majority creditor is giving up their own share of the proceeds for any or no reason.

> There was also no transparency in the bidding. It should have been a simple auction, to get the maximum amount of money.

This is a non-issue, the trustee was given wide latitude to dispose of the assets in any way he deems fit.

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