Not really. A lot of those payments are simply to retain
Posted on: July 27, 2020 at 11:56:59 CT
*M* KC
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talented people, getting them to stay on board a ship that is about to sink. If those people leave, the company's condition going into bankruptcy will be even worse.
Additionally, if the payments are out of line with fair value, and made within 90 days of filing, the creditors can attack them as preference payments and potentially claw the money back into the bankruptcy estate for the benefit of creditors.
Retention bonuses for companies that are in dire straits are very common. And sometimes, the fact that the key people stay can help keep the company out of bankruptcy entirely.
You should actually approve of this, as it is highly market-based. As the company declines, the FMV of the key employees increases, and the company has to pay them FMV in order to keep them. Mises and Hayek would approve of these payments.