You had to know just from the name that Freedom Industries had to be an exploiter — that’s how right-wing capitalist thugs always name their enterprises. No surprise: they’re filing for bankruptcy.
Freedom Industries, the company responsible for the chemical spill that left 300,000 West Virginians without tap water for the better part of a week, filled for Chapter 11 bankruptcy Friday.
“I think they underestimated the liabilities just a tad,” attorney Aaron Harrah, who firm filed a purported class action lawsuit against Freedom and West Virginia American Water Co., told the Wall Street Journal. According to the Charleston Gazette, the company’s assets and liabilities are each listed as between $1 million and $10 million. Freedom owes $3.66 million to its top 20 unsecured creditors, over $2.4 million in unpaid taxes dating back to at least 2000 and nearly $93,000 in Kanawha County property taxes, about half of which were past due and had become delinquent.
They haven’t paid their taxes in over a decade? And no one in West Virginia thought to crack down on the deadbeats, or that maybe a company that can’t pay their bills might be delinquent on safety maintenance as well?
Ibis3, Let's burn some bridges says
Job Creators.
chigau (違う) says
Amen.
Pteryxx says
I was just posting all this to the earlier spill thread here. Reposting in this fresh thread:
—
More background on how water protections and drinking water supplies have been degraded to the point where one spill by one little company can expose 16% of a state’s population.
From HuffPo: Who Owns West Virginia’s Water? A Cautionary Tale citing this extensive 2009 NY Times project.
via the blog Coal Tattoo, this statement from the environmental nonprofit Appalachian Voices:
West Virginia’s a case study of a government and populace in thrall to the coal industry. It’s not that they *create* jobs. Mostly they threaten to take jobs away.
Pteryxx says
Here’s the story of one West Virginia regulator, quoted from the 2009 NYT project.
Pteryxx says
On that bankruptcy filing, by the way.
West Virginia Gazette:
moelarryandjesus says
Job cremators.
chigau (違う) says
Afuckingmen.
Pteryxx says
The 2009 NYT project includes multiple articles. Here’s another: Legal but not safe to drink
Lagerbaer says
In one point, Ayn Rand was right: There are looters among us who are destroying the country. She just wasn’t right about who the looters were.
Enopoletus Harding says
-Er, yes she was. You just haven’t read any of her books. She included deadbeat corporations as among the “moochers” in Atlas Shrugged
anuran says
Funny how individual bankruptcy protections were gutted under George II but the ones for corporations were increased.
stripeycat says
Now I’m definitely not getting any sleep tonight. And I thought our lot were corrupt wankers.
cicely says
I am psychic.
As soon as this particular stream of shit hit the fan, I told The Husband, “Of course, they’ll be filing bankruptcy”.
(But why, oh why, do my Vast Cosmic Powers not apply themselves to something useful?)
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dmcclean says
Pterryx @5, that article is fucking incredible. Holy shit.
If the bankruptcy court allows anything remotely like that to happen it is a total sham.
They have tangible assets (real estate, equipment, …) worth about what they owe. Liquidation is clearly the right outcome. Sell off their stuff, pay their back taxes, and if there are a few bucks left over pay their current creditors.
Allowing the principals’ left hand to be debtor-in-possession for their right hand and screw over all the existing creditors is fucking insanity.
The ubercapitalists should be the first ones in line, banging down the courthouse doors to say that this is total crap, to say nothing of the people who understand that externalities matter. Fuck.
left0ver1under says
Ibis3 (#1) –
Is that “Job” like employement, or “Job” as in the bible?
Corporations think they are as unaccountable as “god” and are certainly testing our patience.
Charly says
I do not get it. How can a company not pay taxes for a decade? How is that even possible? Is there no legal obligation to pay taxes in USA and not being bancrupted already? I really do not get it, could someone fill me in how this could go on for ten years without ? IANAL, but AFAIK people and companies are due their taxes for each fiscal year, are they not? And if not, how is that supposed to work, how can the state function if company can not to pay taxes without consequences?
Ogvorbis: Still failing at being human. says
Gee. What a surprise.
The owner has now insulated himself. And the workers, the environment, the government and the public get screwed.
This must be that conservative ethic of responsibility I hear so much about.
Pteryxx says
More news roundup:
NPR:
Transcript here.
West Virginia senator Rockefeller is introducing bills to hold companies responsible: source with links to bill text.
According to the LA Times, more legislation is forthcoming:
left0ver1under says
Ogvorbis (#17) –
The conservatives must be mining the dictionary for obscure definitions and trying to use claim they are the most common meanings.
regulation (n.) The act of bringing to uniformity; making regular
So in their minds, “self-regulation” means to make their own behaviour normal (i.e. avoiding responsibility without facing consequences). It certainly explains how they are behaving now.
kevinalexander says
It’s Obama’s fault. I don’t know how but, for sure someone will explain it on talk radio.
Larry says
Here we have a massive bureaucracy in place to monitor and protect from terrorists our vital infrastructure such as power plants, ports, and even water supply structures and yet these things can be taken down, not by Al Qaeda terrorists, but by US business, itself. And to make it even more ironic, the owners get wealthier from their actions through the law.
Makes one proud to be an American, don’t it?
Ogvorbis: Still failing at being human. says
kevinalexander:
Of course it is Obama’s fault. If he hadn’t created the minimum wage and forced unions on the workers, and made every company buy super duper beyond Cadillac health care for their peons, then they would have had the money to shore up those tanks and the leak would never have happened. But Obama is working to bankrupt the companies by making them treat workers like actual people which means there is only money for wages and prophets, but no money for safety or maintenance.
See? Easy.
Pteryxx says
Lots of coverage at Al Jazeera:
Legacy of coal mining
According to this article, wealthy communities received adequate clean water while poor communities waited hours at pickup sites for water that was strictly rationed and ran out after as little as 20 minutes. Pictures at the link.
Also at that link, a United Way emergency fund for those who lost wages when their workplaces shut down due to lack of water.
Also see this article on the coal industry disasters waiting to happen in a long-standing regulatory vacuum:
More here on that brand new House bill:
David Marjanović says
What.
How is it even legal that such a thing is private!?!
Exactly: it isn’t working.
whheydt says
Re: Pteryxx’ report data…
This bankruptcy is looking like they’re using the playbook from The SCO Group.
Pteryxx says
David M: it gets worse. West Virginia American Water Company is just a subsidiary.
from the HuffPo article I cited above:
and Sourcewatch:
The HuffPo article has a New Jersey map, and the Sourcewatch entry a US map, of American Water privatized systems.
Pteryxx says
*pardon, HuffPo has a *West Virginia* map. New Jersey is just where American Water’s HQ is.
jnorris says
Kanawha County’s prosecutor needs to ask hard questions. hard grand jury type questions. As does the state’s AG.
anuran says
@28 jnorris writes:
The West Virginia government needs to ask the coal industry, the Koch brothers and a heavy donor to Republican candidates tough questions?
BWAHAHAHAHAHA!!!!!
Oh Lord, you should be doing standup.
ck says
Be careful: If you’re too insistent that Freedom Industries pay for the mess they caused, Rep Joe Barton will have to publicly apologize to them for the evil government shakedown.
Dalillama, Schmott Guy says
DM
This is ‘murka. It’s practically mandatory. It’s virtually inconceivable for anything to be done here if someone can’t profit off it.
pamsmigh says
So the asshat owner forms a new LLC, lends money to the bankrupt “Freedom” company, who will of course, default, then the asshat owner walks away w/all the real property of “Freedom” and everyone else can go take a jump into the polluted water.
We’re #1. We’re #1!
ck says
Unless I’m misremembering, I believe privatising water companies was one of the conditions for aid from the world bank and IMF. Yep, Oxfam confirms it: http://www.oxfam.org/sites/www.oxfam.org/files/Kicking%20the%20Habit.pdf
Dalillama, Schmott Guy says
ck
This would be because the IMF/World Bank are Chicago-school scumfucks who push proven falsehoods because it makes it easier for multinationals to rip off whatever dregs of profit might be left in the countries they ‘help’.
Pteryxx says
Only one ingredient of spill tested – toxicity of all 7 combined is unknown
via Carl Zimmer on Twitter, toxicology writer Deborah Blum in Wired: Chemistry experiments in West Virginia – don’t try this at home. (Discussion of animal studies)
Esteleth, [an error occurred while processing this directive] says
As in the spinoff of Kodak? Interesting.
David Marjanović says
That explains why Bolivia tried it. (After a few months, as the water had become more expensive and worse, riots broke out and the water was nationalized again.) But the US?
ck says
@David Marjanović,
Where do you think the demands for the IMF/World Bank to place these conditions on aid seeking countries originated from? The companies that wanted these conditions are perfectly happy to play the same game domestically as they do internationally, by approaching municipalities that are in dire financial situations and offering to pay a lot of money to privatize the water treatment facilities. Since the “accepted truth” in the U.S. is that government is bad at everything, companies bidding for this promise that prices will drop, water quality will be second to none, and service will be exceptional. Once they have the facilities, the opposite happens as they comply with the bare minimum required by the law.
Esteleth, [an error occurred while processing this directive] says
CK, I’m not David, but I’ll answer anyway.
The IMF and World Bank are (largely) controlled by the acolytes of Milton Friedman.
If you want a primer on that sort of thinking and how the IMF/World Bank approaches crises, check out Naomi Klein’s book The Shock Doctrine.
Be warned, that book is awfully distressing.