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Entergy to file for bankruptcy protection

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Entergy - a ten billion dollar energy company with customers in Arkansas, Louisiana, Texas, and Mississippi - may soon file for Chapter 11 bankruptcy protection. The damage wrought by Katrina severely damaged the company's infrastructure, and it has lost 130,000 customers in and around New Orleans.


It seems like a sensible move.


My question: why does conventional wisdom perceive Entery's decisions as reasonable corporate behavior, but villify tens of thousands of American families who seek the same protection?


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Entergy's behaviour is viewed as reasonable, and the changes in bankruptcy law make the same options a requirement for more Americans.  Remember, after bankruptcy, all future earnings from Entergy's assets will go to its creditors.  Under personal bankruptcy, most future earnings from someone's assets (including their own earning power) go to the person; only a small portion goes to creditors.  The changes slightly increased the amount of earning power that counts as an asset in bankruptcy, but even so, the person retains almost all their earnign power.

(The personal equivalent to corporate bankruptcy would be that all future earnings, even if they are infinitely larger than the debts, go to the creditors).

Can't add much to the points made above. Corporate bankruptcy and personal bankruptcy are different animals.




But the premise of the question is also false. In the first instance, corporate bankruptcy is not always considered reasonable. Look at the airline industry, which has been abusing the bankruptcy laws for decades. Second, since when are people who declare personal bankruptcy "vilified"? In fact, the options available to people who have declared bankruptcy are much wider than they used to be. Furthermore, it's not as if personal bankruptcy abuse never happens, even if it's not as widespread as the credit card companies would have you believe.

If there is a false equivalence, it needs to be corrected. An insane supreme court (in'73 or so) granted corporations the same rights as individuals. The courts now need to make certain that the thumbscrews tighten on them in a similar fashion to individuals. A favorite bush election bite says it all, equal treatment under law, chads and all.

          &nbsp ;          &nbs p;      murph
 

Cali got bilked billions by Entergy, who used the money to buy an NFL team(Texans).

The company helped lobby for support to talbian(alongside Enron) prior to 9-11 also. The 42 million Colin Powell requested sent there by Congress was stricken from the record on 9-12 by Cheney.

Follow.The.Money.

As for Bankruptcy, it simply means people will have to personally incorpirate selves(see also Mrs.Cheney) or they could file suit on the basis of Amendment 14 and equal protection unless Business is forbade such right.

At least that is the approach people should use to bring down the abominable law that codifies different standards for the rich and big busienss. There's a loophole for the affluent to claim the bankruptcy privilege as well.

Good grief, people!  Don't you get it?  Entergy is a corporation.  You can't really expect that ordinary folks will get the same breaks as a corporation, can you?  This is the USA after 5 years of the Bush administration.  Get a grip.

With all respect what do you think a corporation is?  When most corporations go into bankruptcy the shareholders, union pension funds, IRAs, 401Ks, get wiped out.  The only people who may or may not survive are debtholders and perhaps management though normally the bondholders get rid of management too.  


If Entergy was to be driven out of business because the Left has a paranoid view of corporations what would happen to all the people who work for them?


It seems to me that the Left's view of corporations is as unsophisticated and misleading as is the Rights view of the poor.

As many have pointed out, in many ways personal bankruptcy is MORE lenient on the bankrupt entity than corporate bankruptcy.

Believe me, Daniel, I don't want Entergy out of business.  They are my energy supplier.  I want to see the same consideration given to ordinary citizens as to the big corporations.


I do fault the corporations for paying bloated salaries to their top-echelon executives, regardless of performance, while cutting benefits for their workers.  Some of the compensation packages for the executives are obscene, IMO.


I'd just like to see a little fairness in operation.

SamChevre wrote:
after bankruptcy, all future earnings from Entergy's assets will go to its creditors.  Under personal bankruptcy, most future earnings from someone's assets (including their own earning power) go to the person; only a small portion goes to creditors.  The changes slightly increased the amount of earning power that counts as an asset in bankruptcy, but even so, the person retains almost all their earnign power.
(The personal equivalent to corporate bankruptcy would be that all future earnings, even if they are infinitely larger than the debts, go to the creditors).This can charitably be described as a collection of half truths. 
1) All future earnings in a Chapter 11 do not necessarily go to creditors, not even all future profits.  It depends on the Confirmed Plan and the Debtor's assets. 2) In personal bankruptcy, it depends whether we are talking Chapter 7 or 13.  In a 13, all income above that necessary to live goes into the Plan for 3 to 5 years.  The changes significantly affect the income that can be spent on day to day expenses by requiring the application of draconian IRS standards rather than mere common sense, provide that raises go to creditors (such an incentive), and require the Plan to last 5 years.  It was rarely a small portion of income going to creditors and it will not be a small increase. 3) The final statement in parenthasizes is completely incorrect.  Assets larger than debts go to equity, and future income is an asset.  The idea that all future corporate income is committed to creditors is only true under certain circumstances.  The absolute priority rule provides that equity can keep future profits, if higher priority classes are paid in full.   

Could we get a reality check here? Chapter 11 reorganizations don't just devote all of a company's assets to its creditors. In plenty of cases the reorganization plan not only keeps current management in place but also preserves substantial ownership for current stockholders. That's why the shares of companies in chapter 11 don't cease trading.

 Many companies (Entergy apparently included) use Chapter 11 to prevent creditors from making claims on their assets during the time it takes to work out a reorganization plan (which can be several years). Every supplier or bondholder whom Entergy was supposed to pay today, tomorrow, or next month now has to get in line and wait for either the reorganization plan or for special permission from a bankruptcy judge to get paid. It's not implausible, in a case like this, that the company will simply be able to delay payments (without fighting tens of thousands of lawsuits or fighting seizure of its trucks, generators, transmission lines or offices) until such time as it has enough revenue to start paying its bills again.

As someone else noted, it's particularly convenient that they can shed obligations to current and former employees as well as to suppliers during this difficult period. 

 

Remember, after bankruptcy, all future earnings from Entergy's assets will go to its creditors.
It's a bit more complicated than that and even more than what follows.  Basically, the creditors, depending upon the priority class they fall in, will have rights to the assets of the estate but not all are created equal.  Administrative creditors, such as suppliers and employees (current management gets paid) that remain at the company, continue to get paid in 100 cent dollars in real time for services and goods supplied during the pendency of the case.  Secured creditors retain their rights to the extent of their security interests. Shareholders generally get screwed. Unsecured creditors get paid eventually on a percentage basis from what's left over after other reorganizational expenses.   

I have to disagree that personal bk is more lenient than corporate bk in reality. 

First, Chapter 11 allows the debtor to reorganize itself under extremely favorable terms (lawsuits stayed, executory contracts voided, pensions dumped, etc.).  Chapter 13 allows a person to reorganize under supervision of a judge while having his/her wages garnished. 

Second, Chapter 11 filing suddenly creates a huge influx of DIP ("debtor in possession") financing as the debtor becomes a far better risk for banks.  Chapter 13 effectively ruins a person's creditworthiness for at least 7 years, and perhaps longer. 

Third, companies that go into Chapter 11 are not stigmatized, but are seen as seeking a fresh start.  People going into Chapter 13 are labelled as trying to avoid responsibility and are economically discriminated against in the future as a result. 

This is obviously not an exhaustive comparison as to why a debtor in possession under Chapter 11 is in better shape than a person filing Chapter 13, but I think it highlights some relatively important distinctions.

Entergy also owns such gems as the Indian Point Power plant along the Hudson. Its emergency alarm system failed a test last week and yesterday they admitted to a leak of radioactive water.

At only 50 miles from NYC local people have been trying to get it shut down for years. Perhaps the bankruptcy is a way for them to unload a white elephant as part of a reorganization.

 

Entergy has taken over our member owned electric company.  The last two bills we received were each $100 higher.  They showed we had used a 1000 kilowatts more than we had the same period last year on both of them.  Part of the charge was a surcharge for the cost of energy to them.
Many have complained to the electric company that their Kilowatt usage went up, too. The weather has been the same.  We did get a new meter box about two years ago, I guess they waited until the energy bill passed to rev it up.
They say they use one third coal to create the electricity and coal has went up.  IF they buy coal, I bet they own the company they buy from, so they double their profits. How our member owned, profitable, nuclear powered electric  company has ended up in the hands of  those people is a puzzle. 
Carroll electic, the original company, was supposed to pay us money for surpluses on what we pay in on our bill,  that is profit.  They are 15 years behind in paying those.  We have about $3,000 due us.  It is ecked out at about  $70 a year, but at least we got a little back. It may be we lost the money when Entergy took over.  I may just remind them they owe us money. If nothing else we will lose it in the bankruptcy.
We paid double what the people in town paid for electricity for years in order to pay for a nuclear power plant.  The last I had heard we almost had it paid for and costs were to go down.
Are you saying Entergy is the same company that ripped off California? 
Is this the new energy bill at work?  The DLC voted for the energy bill.  I remember it took some regulations off of the utility companies that FDR had put in.
I don't know why we bother having a public service commission.  They are watch dogs, all right. They watch them rip us off.
I think every crook in the world has influence over our government and it keeps getting worse and worse. And they have just began. 
We should see some perp walks, but we won't. 
Bankruptcy, in the case of Kmart wiped out all the debts and the stocks became worthless.  They kept the stores and had a fresh start. Those who bought new Kmart stocks have made a lot of money. 
If:
  1. Corporations are defined as legal persons, and
  2. All persons are equal before the law, and
Then:
  1. How can there be different bankruptcy laws for human-persons and non-human persons?
I know that Congress is empowered to distinguish between classes of people (rich and poor people, for instance), unless it's a suspect classification, but surely an enterprising leftist con law attorney could make a career on this one.
The newspapers say Entergy has 80% of their power on.

They are saying they may not go for bankruptcy, they may go for a rate hike instead.

They made 10 billion profit last year.  They have made even more this year if our costs and or  neighbors electric bills are any indication.  They surcharged the amount of the increased cost of energy and showed everyone using more electricity.

You would think they would be too rich to go bankrupt.  You would think that sometimes they could bite the bullet and not make as much profit when something like Katrina comes up.

They will milk the hurricanes for everything they can. (So will the insurance companies).  These companies have reserves.

Democrats should run against the high cost of utilities and promise to roll back their obscene profits.  That would increase their votes mega big time.
For God's sake.  A corporation is not a living being.  Corporations don't need food, shelter, and clothing.  Corporations don't leave family behind when they die.  Corporations are fictional entities created by law to protect humans from unreasonable liabilities that arise from the large transactions that take place in a business.  They are unreasonable in the sense they are so large, no single person could ever attempt to pay the debt in their lifetime, and they are a result of the activities of a group of people, not just the owner.  Corporations can't be put into slavery, any attempt will cause them to cease to exist.  Humans can't just cease to exist, and can be put into slavery.  The only sure escape is death.

This new bankruptcy law is a step toward bringing back slavery because it places such a heavy burden on individuals who lack the resources to hire attorneys to find loopholes in complex law.  These people are denied protection under bankruptcy, all the while these are the people targeted by lenders because as a result they are more profitable.

Corporations are also the biggest abusers of bankruptcy.  Unfortunately, it seems our government blames individuals for doing what corporations do, and changes the bankruptcy law in ways that makes individuals suffer more.  Why is it considered reasonable for a corporation to file bankruptcy, yet it isn't reasonable for individuals to attempt to seek forgiveness for financial mistakes like failing to understand the importance of setting aside ample resources for life's disasters? 

We're dealing with people here, folks.  Are we so heartless that we would allow legal entities such as corporations grace, while we plunder the lives of people?  What is this country coming to?
Daniel,
As a former owner of a substantial corporation, I understand the significant lack of ethics and moral behavior in the corporate world.  We don't hold people in those positions accountable. I doubt seriously that paranoia is unjustified.  We only hear about the people who get caught.  The corruption and abuse of corporations is appalling.  Owner/operators are squashed in the game if they don't play along with the corrupted rules of business like paying bills slow, and hammering customers for faster payments, just to get free financing by breaking promises, for example.

This isn't a political matter, this is a human condition.  Don't label me "left" because I used to be a registered Republican - now I am neither Republican or Democrat.  Both parties are corrupt in my opinion.

A lack of concern for the poor, in fact, abuse of the poor is wrong in every sense of the concept.  Our political "right" is out of control.  There is no sense of treating people as human beings. This isn't a political matter.  A lack of concern for the poor is evil, and those who lack that concern for their fellow human beings may one day find themselves on the other side of the fence and learn a lesson about that.

I have no doubt that managements who are way overpaid do many unscrupulous things.  Part of the problem with a forum like the Cafe is that is hard not to seem all black or white.  My only point is that when a corporation files for bankruptcy it might be fine for managment but it is not a pain free act for shareholders, the true owners.


It is like looking at unions and seeing only the acts of their leaders. At collective suffers from Michael's Law, the interests of the leadership inevitably diverge from the rank and file.  


I have run my own very small business.  Dealing with large corporations and large government was and is not much fun.

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