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yhwhx t1_j5tui7u wrote

I'll be curious to see what happens first: this complaint being decided or Twitter declaring bankruptcy.

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bruinslacker t1_j5ukkn7 wrote

Twitter will keep operating after they declare bankruptcy. And hopefully this lawsuit will continue.

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Redqueenhypo t1_j5utroa wrote

I still don’t get how American companies can go “I’m bankwupt, no money for debts or lawsuits!” but like…keep all their assets and keep operating and give the C suite bonuses. It didn’t make sense when PG&E did it

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mrcolon96 t1_j5vdltf wrote

I'm only assuming because I'm neither American nor well versed in law but isn't it to avoid mass layoffs and have a lot of people lose their job all of a sudden? Which would be ironic in this case but I'm talking about the law in general

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fyzbyt t1_j5vrp1c wrote

So there's 2 different major kinds of "bankruptcy" that are most commonly seen here in the US.

Chapter 11 is the one you see a lot, which is basically "our debts are too big" and what happens is that the company generally restructures the debt, but is not relieved of it, and is allowed to continue operating. The idea is "they're making money, just not fast enough" and they keep making money and having to pay the debt, but maybe in a lower payment over a longer time, or similar. This allows for all the bullshit loopholes and IMHO shouldn't really exist, but it is what it is.

Chapter 7 is what most people think of when they call something bankrupt. Which is where the creditors come in and liquidate everything. Sports Authority is a great example of this, or Toys R' Us, where they basically had to shut down every store and sell everything off and close down.

There's also the illusive "chapter 13" which is where you eliminate debt through a repayment plan. This generally results in a shorter repayment window where you have to pay back some of your debts in a structured way, and then the rest is forgiven, but it's not particularly common from what I've seen.

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the_busticated_one t1_j5we86q wrote

>There's also the illusive "chapter 13" which is where you eliminate debt through a repayment plan

Chapter 13 applies to individuals, not businesses. It's referred to as an 'individual debt adjustment"

There's also Chapter 9 that applies to municipalities, and a few other types that are fact-specific.

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fyzbyt t1_j5wnvj3 wrote

That would explain why i've never seen it.

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Masark t1_j5x3sbr wrote

Processes similar to chapter 11 exist in most countries. It's just called something else like bankruptcy protection, protection from creditors, administration, etc.

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fyzbyt t1_j5x4nwn wrote

Right, but they were asking about why the US called it that.

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TenderfootGungi t1_j5xah6m wrote

If they declare bankruptcy, Elon will likely lose most of the money he fronted. It is not going to happen unless things really go bad.

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