Mercnbeth -> RE: Where'd the bailout money go? Shhhh, it's a secret (12/22/2008 1:33:56 PM)
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~ Fast Reply ~ DISCLAIMER: Do your best to keep in mind this is a matter of disclosure and NOT a right/wrong rationalization. For the record I am against ANY bailout of a failure, for ANY reason of friend, foe, corporation, individual, partnership, or LLC. 'Tis the season for BONUSES, sometimes know as 'contingency payouts'. Within many of the financial institutions, bonuses are determined by volume and assets and NOT necessarily the bottom line. You have to expand your definition of 'Bonus' to understand the problem. It includes internal as well as external considerations, as well as acquired companies. The problem is, there are contracts in place. Even with the poor bottom line results companies are contractually obligated to pay out the bonuses as stipulated in the agreed upon contract. Outside the corporation, there are also 'contingency' payouts that have to be paid to acquired companies. For example, a very close friend sold his national on-line mortgage company a couple of years back. An ongoing fee/bonus was agreed upon at the time. His purchaser, wanting to insure the flow of applications, based a bonus on the number of applications continuing to come in at a pace equal or exceeding the average over the prior three years. Well, in this market, a shit-load of additional applications came in all right, but the purchasing lender couldn't, or wouldn't (depending on your politics) lend. However, because the number of applications was double the average the purchaser is required to pay my friend a seven figure bonus. Maybe you've guessed the punchline - the purchaser was one of the financial institutions bailed out. He's already told me that he'll be sharing some of his windfall with his Congressional and Senate representatives; both of whom voted for the bail-out. Why Chapter XI or XIII is a better course for anyone still succeeding and not wanting the fruits of their success to go toward the rewarding of failures, is that all these contracts would be subject to review by the Trustee appointed to oversee the liquidation of assets. Depending upon the circumstance and State statutes, some of the employee and executive contracts would be voided or treated as an unsecured creditor. Vendors and suppliers holding filed UCC-1 positions would get their money before the executives in many, if not most, cases. You can't void these contracts. The litigation cost involved with trying to unilaterally void them is prohibitive. Add to the equation that the legal industry would generate a fee exceeding the contractual liability if you should prevail and you have some insight to the answer of the question; "Where'd the bailout money go?" The idea that many of those in Congress who voted in favor of the bailout, and continue to support a bailout of the auto industry, understand this is silly. They didn't even require documentation of a 'go forward' business plan, let alone audit the existing contractual obligations which were the focus of the 'beggars' coming to see them in their $5,000 suits. Nope - they had 'good intent' at heart and wanted to make sure there was a finance industry 'for the children' to use. You want to know who to blame anyone who voted for, or supported an incumbent from any party, only needs to look in the mirror. Or, you can continue to wear 'rose colored' glasses so dark that they look like sunglasses and just blame the Republicans and/or President Bush. Either way - maybe some of you can just go into the banks and try to stock up on the give away 2009 calenders. If you burn them for fuel to keep warm at least you will reap some benefit from the bail out money used to print them.
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