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Re:Behind the financial maneuvering at Hostess by harryh on Sunday December 11, 2016 @05:29PM (#13153775)
Fiduciary duty to who? The banks making the loans?
Re:Behind the financial maneuvering at Hostess by anarazel on Sunday December 11, 2016 @06:09PM (#13154017)
Well, in Germany (I've had a business there before moving to the US, that's why I know some about it), you're free to milk "your" company, but if you end up going into bankruptcy you'll likely be hold at least partially liable to the money you took out of the company, even if it's some form of limited liability company. So essentially, yes, to the banks. Not if all works out, but in the cases it doesn't. To my knowledge that's largely not the case in the US atm.
Re:Behind the financial maneuvering at Hostess by harryh on Sunday December 11, 2016 @06:11PM (#13154031)
Banks in the US are free to demand personal liability that goes beyond the company if they feel the risk demands it. Of course, it's a free market, so if some banks are willing to make the loan without doing that they'll probably win the business instead.
Re:Behind the financial maneuvering at Hostess by anarazel on Monday December 12, 2016 @06:52PM (#13163229)
That doesn't help previous creditors (including say employees, landlords, suppliers, etc), which now have to deal with a massively over-leveraged company, which is more likely to go out of business.
Re:Behind the financial maneuvering at Hostess by nommm-nommm on Sunday December 11, 2016 @10:40PM (#13155333)
Banks readily issue small business credit cards backed by personal assets.