Judge Rejects Sale of Infowars to The Onion
Judge Rejects Sale of Infowars to The Onion
“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.
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?
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.
So it's unfortunately not actually a sale until the judge approves it, it's just an accepted bid.
Sorta like when buying a car. The salesman tells you the price for the vehicle, overpriced perks, and how much your trade in is worth, and you accept the final price. Then the salesman has to get the floor manager to agree, which they always do, because they're the ones with authority to approve the sale. Then you can sign the paperwork and exchange money and you've actually processed the sale. Until then either party can walk away for any reason.In this case, it's like the floor manager rejected the sale because the cash part of the sale price was less than MSRP, and they didn't think the trade in value mattered.
It's not common for the sale to get rejected, and it's even weirder for them to reject "not cash" instead of paying attention to value.The judge saying the estate can't accept debt forgiveness in lieu of cash is just odd, since it reduces the debt more than the cash would.
It wasn’t rejected because the judge thought it wasn’t the highest value among the bids; it was rejected because the judge thinks the auction should’ve asked for follow-up bids
Follow the money
Apparently they also did not allow follow-up bids/outbidding others. It’s called a bankruptcy auction for a reason.
And there's a trustee for a reason. The debtors decided that the value of keeping Alex Jones away from InfoWars had its own value and were willing to accept a lower bid. There's no fiduciary duty to maximize the proceeds from the sale, and Alex buying back his own assets during a bankruptcy auction is actual fraud.
A first price sealed bid auction is a perfectly common type of auction.
It's functionally equivalent to an auction where you know the value of a thing (like we do a business being liquidated because the owner is in extremely deep unrelated legal debt), and the auctioneer starts by asking for the face value and then progressively lowers the ask until the first person accepts the price.
Instead of trying to get the lowest price possible, people are incentivised to start with their best offer for what they actually think the thing is valued. Allowing follow-up bids encourages people to low-ball and work their way up, which can reduce the price the seller gets for the item.The underlying reason for the bankruptcy is bigger than dollars. Avoiding selling infowars to some other conservative shitheads to continue the harassment of Sandy Hook victims is far more important than dollar signs.
This was not a typical bankruptcy auction, and part of the trustee’s role was to ensure an outcome that was acceptable to those injured by Jones, eg the Sandy Hook families.
https://en.wikipedia.org/wiki/Vickrey_auction
There are numerous formats of auction. I don't think a Vickrey auction is what they did, but it is an example of a sealed auction format that is well supported as legitimately and efficiently maximizing value for the seller.
It’s crazy how if you’re rich you can just nullify any law or legal precedent to get your way. Elons goings to own infowars now
Note that this doesn't mean InfoWars gets sold to anyone (including the company affiliated with Jones). It means that everyone has to re-bid.
Right and now the parents, who already said they were satisfied with the offer, can watch as it gets sold right back to the shitheads who caused the lawsuit to happen in the first place. Either that or those shitheads can bid some outrageously high number that either guarantees them ownership or guarantees the parents must forgive a much larger portion of the debt so that someone else like the Onion can own it.
Either way the parents are facing a worse outcome now.
Fuck Judge Lopez for caring more about money than justice.
It's technically the law. Bankruptcy procedures are geared to enable the return of the maximum amount of proceeds for the creditors.
Sealed bid kind of torpedos that I suppose, but considering the shit stain on history that Infowars is, I feel like an exception should have been made here.
Sealed buds are usually better for that.
https://www.investopedia.com/terms/s/sealed-bid-auction.asp
Each party is incentivised to make the highest offer they're willing to pay from the beginning, as opposed to negotiating the best price they can get.
Additionally, the families forgiving a significant amount of money as part of the bid should factor in, since the responsibility of the estate is to get the best deal, not the most cash.
Sealed bids encourage last and best offers, and prevent the deepest pockets from submitting a "highest plus one" bid that minimizes the proceeds from the sale.
This judge is either a dipshit or corrupt.
It’s technically the law
He cares about money alright. The deposit he got from interesting parties before making this decision.
He would never accept a deposit from the interested parties before making this decision. That would be a bribe, and extremely illegal.
He will accept his deposit from the interested parties after making the decision. That is a gratuity, and is now totally legal, thanks to SCOTUS.
WHAAAAAT?
Microsoft can buy Blizzard for $46 billion but one website can't buy another website for $7 million. (Probably because Freedom!)
Good watch to explain why the Judge is a dick.
Seems like they could have avoided this by having the Sandy Hook families join the bid with an arbitrarily high dollar amount—which they’d immediately get back as creditors.
That's essentially what they did. They chose an auction type where each party offers as much as they're willing to pay and the highest offer wins. The Sandy Hook families included a chunk of their debt in the offer which was part of the value.
I think Abou meant bidding with cash instead of debt.
That’s disappointing.