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elleng

(131,237 posts)
Mon Nov 19, 2012, 03:35 PM Nov 2012

Hostess Liquidation Too Sweet for Managers, U.S. Says.

Source: nyt/reuters

Hostess Brands Inc, the maker of the iconic Twinkies snack cake, will square off in a bankruptcy court on Monday against an agent of the U.S. Justice Department, who says the wind-down plan is too generous to management.

The U.S. Trustee, an agent of the U.S. Department of Justice who oversees bankruptcy cases, said in court documents it is opposed to the wind-down plan because Hostess plans improper bonuses to company insiders.

The 82-year-old Hostess wants permission to pay senior management a bonus of up to 75 percent of their annual pay so they will stay on and help wind-down the business.

The U.S. Trustee, Tracy Hope Davis, planned to ask New York Bankruptcy Court Judge Robert Drain at Monday's afternoon hearing to appoint an independent trustee to oversee the sales of the company's assets.

Several unions also objected to the company's plans, saying they made "a mockery" of laws protecting collective bargaining agreements in bankruptcy. The Teamsters, which represents 7,900 Hostess workers, said the company's plan would improperly cut the ability of remaining workers to use sick days and vacation.



Read more: http://www.nytimes.com/reuters/2012/11/19/business/19reuters-hostess-bankruptcy-hearing.html?hp

22 replies = new reply since forum marked as read
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Hostess Liquidation Too Sweet for Managers, U.S. Says. (Original Post) elleng Nov 2012 OP
Change we can believe in! hedgehog Nov 2012 #1
"help wind-down the business" - haven't they 'helped' enough already ? n/t PoliticAverse Nov 2012 #2
I'm sure companies are just panting to hire them. aquart Nov 2012 #3
Seriously. Mz Pip Nov 2012 #6
Cutting off Their Retirees' Pensions & Stealing the Employees Vacation Time for Executive Bonuses AndyTiedye Nov 2012 #4
Won't work, imo. elleng Nov 2012 #5
"...they will stay on and help wind-down the business...." are_you_serious_1234 Nov 2012 #7
They'll help carry away the money bloomington-lib Nov 2012 #8
Hostess brands will reemerge in a third world country too, you can bank on it. xtraxritical Nov 2012 #9
Now they've suddenly decided to mediate with the union. DirkGently Nov 2012 #10
They've 'decided' to mediate because bankruptcy judge required it. elleng Nov 2012 #11
The court "urged." Not required. DirkGently Nov 2012 #12
More complete discussion here: elleng Nov 2012 #13
Yes, the court "urged" the parties. Arms were twisted. DirkGently Nov 2012 #15
Aftere one day mediation failed. that happened last week. mulsh Nov 2012 #19
This is what the Dem talking point on this needs to be Ash_F Nov 2012 #14
Some private equity firms purposely do this to companies they buy to make a quick profit. Selatius Nov 2012 #16
That's the Bain {Vulture} Capital business plan! n/t csziggy Nov 2012 #20
+ underpants Nov 2012 #22
K & R Quantess Nov 2012 #17
This is what they were after in the first place. n/t Old Union Guy Nov 2012 #18
Yep! underpants Nov 2012 #21

Mz Pip

(27,454 posts)
6. Seriously.
Mon Nov 19, 2012, 04:22 PM
Nov 2012

I doubt there's a huge demand for their services that they need that huge incentive to stick around.

Let them leave. It shouldn't make things any worse than they already are for the company.

 

xtraxritical

(3,576 posts)
9. Hostess brands will reemerge in a third world country too, you can bank on it.
Mon Nov 19, 2012, 07:02 PM
Nov 2012

The public's response of hording Hostess products guarantees it.

elleng

(131,237 posts)
11. They've 'decided' to mediate because bankruptcy judge required it.
Mon Nov 19, 2012, 08:45 PM
Nov 2012

Hostess, its lenders and the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM) agreed to mediation at the urging of Bankruptcy Judge Robert Drain of the Southern District of New York, who advised against a more expensive, public hearing regarding the company's liquidation.

"My desire to do this is prompted primarily by the potential loss of over 18,000 jobs as well as my belief that there is a possibility to resolve this matter," Drain said.

http://www.democraticunderground.com/1014311122

DirkGently

(12,151 posts)
12. The court "urged." Not required.
Mon Nov 19, 2012, 09:18 PM
Nov 2012

But it sounds like the "urging" included a likelihood of conversion to Ch. 7.

DirkGently

(12,151 posts)
15. Yes, the court "urged" the parties. Arms were twisted.
Mon Nov 19, 2012, 09:44 PM
Nov 2012

The judge made clear -- probably most strongly to Hostess -- that it should reconsider going to final hearing on its liquidation plan. The U.S. Trustee was opposed, based in part on proposed "retention bonuses" and was asking the case be converted to a Ch. 7, which would take the ball out of management's hands and put a panel trustee -- a court-appointed liquidator -- in charge.

Judges do this all the time. It's not an order, so much as a strong hint that you maybe don't want to see what an Order would say, if you pushed things further.

Ash_F

(5,861 posts)
14. This is what the Dem talking point on this needs to be
Mon Nov 19, 2012, 09:35 PM
Nov 2012

The company was going down no matter what thanks to their negligence. They were just milking it for as much as they could before it went down.

Selatius

(20,441 posts)
16. Some private equity firms purposely do this to companies they buy to make a quick profit.
Tue Nov 20, 2012, 07:08 AM
Nov 2012

They buy a company. They make the company take on debt. A hefty chunk of that debt is large bonuses to senior executives and shareholders who are in on the game. Then they dump the company either before or during its Ch. 11 bankruptcy.

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