Post

Avatar
Every article about Red Lobster filing for bankruptcy is "ha ha endless shrimp, what did they think would happen" and then buried ten paragraphs down is the usual:
Avatar
Avatar
Oh, here's the link to the original article; figures the one time I forget to post a link is when the tweet actually takes off, lol Muting this thread for the sake of my mentions! ♥️ www.cnn.com/2024/05/03/f...
What went wrong at Red Lobster | CNN Businesswww.cnn.com Red Lobster, the poster child for American seafood, was dragged down by corporate mismanagement, competition and consumer shifts.
Avatar
Also just gross mismanagement: arrogant and bad executive tastes, short staffing, and self-dealing. It’s almost like someone put idiots in charge so they could pick the bones.
Avatar
That’s how private equity and a lot of other normal corporations work these days. Idiot children in charge.
Avatar
Melted flavorless Crisco with yellow food color in place of butter. Not even salted!
Avatar
oh no did i release your post from containment are you famous now can i get your autograph
Avatar
Avatar
Avatar
Avatar
Private equity by almost all accounts is a disaster for everyone except the ones taking the company private. Everyone else gets f*cked.
Avatar
I still don't understand how the people taking the company private don't get stuck with the debt. It just seems like a way to get money for basically free otherwise, which seems legally questionable.
Avatar
On the one hand, yes, absolutely. On the other hand, have you considered that these people are friends with a great many legislators?
Avatar
Hmm, wonder if it has anything to do with the free money they suck out of places
Avatar
Something to do with something getting sucked out of somewhere.
Avatar
But for a real answer (to the best of my knowledge, happy to be corrected), the reason is that the debt is taken out by the company, and so legally attaches to that corporate entity. Now, when the PE folks burden the company with that debt, they're the corporate officers and can then (ctd)
Avatar
Disburse that money as they see fit. And they do. To investors. Then they typically engage in scorched-earth cost-cutting, robbing the future of the company to lower overhead today, and use that "profitability" to take the company public again, where the equity ownership passes to (ctd)
Avatar
The new shareholders that purchased stock in the company on the open market.
Avatar
Oh, gotcha, so it's a bigger fool scam, basically--you pass the company you've purchased along to some sucker and then bail before the company fails.
Avatar
You’re largely right here, but the story doesn’t hold together in one key way. If you destroy the future of the company, no one wants to buy it from you. So the goal is always to make the company grow and become more valuable. That’s where you actually make a return (for your investors and yourself)
Avatar
Avatar
Because American lawmakers have made it happen this way, carving out special exceptions in bankruptcy law for business over decades. There are some decent arguments for it I guess, but we see the reality of how it actually works out
Avatar
I believe what they do is form a separate entity that is saddled w/the debt and rental payments of the "parent" company. I know Johnson and Johnson tried to do something similarly skeezy w/the talc lawsuit where they made a separate "bankrupt" company that "couldn't afford" settlement payments.
Avatar
A couple of coal companies have tried this too, making a company that just owns pension payments and black lung cases... I think they failed to get away with it but I am way past my expertise.
Avatar
Related (perhaps tangentially) to that: J&J went on to push their old stock of talc into countries with fewer/no regulations on it, under the same old brand. Japan is one such place. The baby powder I bought just yesterday (thinking surely it must be changed now) is still talc.
Avatar
Unfortunately the bankruptcy code is written in such a way that is can be (mis)used for precisely this purpose. It probably needs to be overhauled for this very reason but that's not exactly a front burner issue in Congress or anywhere else at the moment.
Avatar
As one of my law school profs liked to say, in a different context, you don't see people marching in the street demanding bankruptcy reform.
Avatar
Every time they reform the bankruptcy law, they don't touch the corporate sections, they just make it harder for individuals. Did you know student loans used to be dischargeable in bankruptcy like any other debt?
Avatar
I believe that has been the case for years although I haven't practiced law in 20 years now and my bankruptcy practice was somewhat limited when I did. With that said, I'm not surprised.
Avatar
It was the last reform act. Because of course.
Avatar
It’s not inherently bad. If you have a publicly held restaurant with assets like RE but outdated kitchens and buildings and need to raise cash for upgrades selling the RE to finance that isn’t all bad. But they just sell it and take the money in management fees. So you’re really just strip mining.
Avatar
That’s exactly that they do. It’s how leveraged buyouts work. “Heads they win. Tails you lose.” kind of situation. They need to be regulated into oblivion before society collapses.
Avatar
I don't know how the banks lending the money can look at these deals and go "This time is different."
Avatar
Paging @wyden.senate.gov - why is this still a thing? It's destroying businesses.
Avatar
I think morally questionable as well. The change is not to the advantage of the restaurant, the employees, and society. It is strictly to the few who come up with the scheme.
They are eviscerating healthcare as we speak. Think one predatory middle man (private insurance) was bad enough? Now we get to have two!
Avatar
And what pisses me off the most about PE is that it's a rational use case! You CAN take companies private, turn them around, and either take them public again, or keep them to generate cash flow for more acquisitions. That's a legitimate way to create economic value! (Ctd)
Avatar
Instead, we basically have billionaire house flippers except somehow actually worse because they do the equivalent of buying the house, taking out a massive second mortgage to pay off their investors, stripping out the copper piping to do likewise, and then selling it off leaving others with the bag
Avatar
See also: the fuckers who ran Instant Pot into bankruptcy in less than FOUR YEARS because they debt loaded it and diluted their brand by trying to massively expand their product line, rather than responsibly manage a company with a rock solid product and a devoted customer base.
Avatar
The sheer amount of economic value destruction and immiseration these sociopaths do in order to pad their own already immeasurable bank accounts isn't just immoral, it extrapolates into an incredible indictment of a society that tolerates them rather than throwing them in gibbets lining Wall St
Avatar
*deep breath* Yes, I will pull around to the next window. You did get that I wanted curly fries, right?
Avatar
Most bankruptcy articles bury PE's involvement somewhere in the middle, ensuring the leitmotif of their rapacious destruction of otherwise steady businesses escapes the Average Joe's notice.
Avatar
See also Toys R US, Pier One Imports....
Avatar
Avatar
They get theirs when society collapses and their private security decide to become feudal lords.
Avatar
Avatar
Avatar
We need a song to go with it. “And I killed Toys R Us, too!”
Avatar
Mitt Romneys firm killed Geoffrey the Giraffe. Never forget, never forgive.