Originally posted by tony detroit
In the business world it is.
Bankruptcy law is abused by some in the corporate world, yes. But it is designed to shield the general population as a whole from ripple effects of industries going under.
For example, without bankruptcy law, there would be very few options to fly since almost every airline has filed at one point in its history.
More importantly, the economical and personal impact to everyone in America would have been much worse had KMart not been allowed to restructure and retire portions of their debt. Losing those hundreds of thousands of jobs wouldve sent a much larger economic ripple through this country than that which was caused by some creditors being unable to claim their due.
Is bankruptcy abused, yes, it has been and will continue to be so. But so is every government program revolving around money. Be it welfare, farm aid, medicaid, or grants. The important part is that overall it is more beneficial for these programs and for bankruptcy to be in place.
Bankruptcy allowed KMart to trim locations and save hundreds of thousands of jobs. Which helped stablize their stock (a stock which is in many pension funds of completely unrelated workers around the country). This allowed KMart to refocus on profit rather than keeping head above water, and their getting together w/ Sears is leading to increased jobs, competition, and is overall a net benefit, as Sears was struggling as well.
So yes, there are some fat cats at the top who are making a sweet profit from utilizing bankruptcy law when in desperate times. But overall, for the common worker and common citizen, it still provides a net benefit versus seeing companies continually shut down for good.
All govt programs need reworking, constantly, and I just don't put bankruptcy law high in priority compared to some other government programs and legislature that needs help.