this post was submitted on 11 Dec 2024
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“It seemed doomed almost from the moment they decided to go to a sealed bid,” Judge Lopez said. “Nobody knows what anybody else is bidding,” he added.

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[–] [email protected] 164 points 1 month ago (28 children)

Judge Lopez said that the bankruptcy auction failed to maximize the amount of money that the sale of Infowars should provide to Mr. Jones’s creditors, including the Sandy Hook families, in part because the bids were submitted in secret.

“It seemed doomed almost from the moment they decided to go to a sealed bid,” Judge Lopez said. “Nobody knows what anybody else is bidding,” he added.

So the problem is that it didn't maximise the potential income for the bankrupcy case?

Shouldn't that be a "oh well, sucks. but a sale is a sale" problem?

[–] [email protected] 49 points 1 month ago (1 children)

Shouldn’t that be a “oh well, sucks. but a sale is a sale” problem?

"A sale is a sale" works fine when both sides to the transaction are well-informed and acting for themselves. When you are selling assets for someone else's benefit, you generally have extra obligations to them, because otherwise you don't really have an incentive to achieve a good price. So courts do generally have some oversight over sale of the assets of a bankrupt estate, to ensure that the trustee is not short-changing creditors just to get the job done quickly.

A complicating factor here is that the Sandy Hook families (who as far as I know are the large majority of the creditors) also supported the sale.

[–] [email protected] 5 points 1 month ago (1 children)

A complicating factor here is that the Sandy Hook families (who as far as I know are the large majority of the creditors) also supported the sale.

I assume there are other creditors who didn't?

[–] [email protected] 2 points 1 month ago

AFAIK the damages paid to the Sandy Hook families were the sole reason he went bankrupt in the first place; without them he'd be profiting.

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