I see fertile ground for the law of unintended consequences at work here................for instance what happens to all the life and other such memberships????? Those would be carried forward as liabilities and would be one of the first things to be shed in any reorganization. I hope they thought this through.....I remain hopeful
"The NRA will move quickly through the restructuring process. Its day-to-day operations, training programs, and Second Amendment advocacy will continue as usual, which means the NRA will continue to rely on the service of its valued vendors," the letter said.
It seems like lots of people feel like getting out of New York is a good idea right now.
It's good news that the NRA is leaving NYS. I can, however, see NYS spinning this as a "WIN" for them. I hope we (our NRA) can put a positive spin on this first.
None. That is not what the 11 is about. State of =incorporation is done for a myriad of reasons, tax friendly, business friendly laws etc. If the NRA was a new organization incorporating for the first time, they would pick a friendly state. Think Texas. Back when they incorporated New York was a good state to incorporate-probably better than Virginia otherwise the NRA would have chartered there since it was their principal place of business. Bottom line a Chapter 11 is a way to invoke the protection of the bankruptcy court to allow restructuring in order to maintain the organization and protect creditors (i.e. the creditors as a whole would be in a better position with a restructuring than they would be in a liquidation-they will take a haircut either way). To the extent that end is feasible under the proposed plan, the court WILL approve unless a creditor can make a well founded argument that it is purely a fraud which is pretty tough to do in most well thought pre planed 11's. Bankruptcy favors the fresh start of the debtor and as long as a rational basis underlies the actions of the debtor they will be allowed. This is pretty generalized and exceptions are fact driven but I think y'all get the drift.Caj - what are the chances the federal court would block the move ? From what I read, they were simply re-incorporating in TX. The chapter 11 would only stall the litigation while they executed the the restructure into tx. Once they were no longer a NY entity the AG would not have standing. I am not a lawyer and am trying to understand.
They can spin it any way they want, but they won't get the result that they were looking for.
The NY AG stated that she wanted to dissolve the NRA and seize their assets because she think LaPierre spends too much on clothes.
She didn't say it in those words, but that's what she wants.
NY AGs have a long history of going after people and companies they don't like and trying to wring money out of them. Many companies pay fines of millions of dollars to settle cases even though they did nothing wrong. An acquaintance paid a million dollar fine rather than go to court to fight a false allegation.
And when the Mob does exactly the same thing its called extortion.![]()
I am pro-NRA and donated quite a bit of money to them over the years.
I was hoping that they would take this opportunity to revitalize the organization with some fresh management. New methods, new ideas, and moving in a positive direction. Businesses stagnate under too long of a rein of leadership.
None. That is not what the 11 is about. State of =incorporation is done for a myriad of reasons, tax friendly, business friendly laws etc. If the NRA was a new organization incorporating for the first time, they would pick a friendly state. Think Texas. Back when they incorporated New York was a good state to incorporate-probably better than Virginia otherwise the NRA would have chartered there since it was their principal place of business. Bottom line a Chapter 11 is a way to invoke the protection of the bankruptcy court to allow restructuring in order to maintain the organization and protect creditors (i.e. the creditors as a whole would be in a better position with a restructuring than they would be in a liquidation-they will take a haircut either way). To the extent that end is feasible under the proposed plan, the court WILL approve unless a creditor can make a well founded argument that it is purely a fraud which is pretty tough to do in most well thought pre planed 11's. Bankruptcy favors the fresh start of the debtor and as long as a rational basis underlies the actions of the debtor they will be allowed. This is pretty generalized and exceptions are fact driven but I think y'all get the drift.
Pardon for the brevity and over simplification here, but the forum just doesn't have the bandwidth nor do I have the time to lay it out in detail
Appears from the news articles that this was filed in Dallas which means the Northern District of Texas which means that if he is still on the bench the Judge will be the honorable Harland D "Cooter" Hale who graduated from LSU law school with my little brother. I've met him at CLE's at LSU and he is smart as a whip. Unfortunately the case is not yet up on Pacer so I can't review it.
So there ya go
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I see fertile ground for the law of unintended consequences at work here................for instance what happens to all the life and other such memberships????? Those would be carried forward as liabilities and would be one of the first things to be shed in any reorganization. I hope they thought this through.....I remain hopeful
Based on the information contained in the story, the donor has a TOUGH row to hoe. The NY attorney General has an even tougher one. 2021 from what little I've seen looks to be more of the same.Here's a potential wrench in the works:
"A major donor to the National Rifle Association is poised to challenge key aspects of the gun group's bankruptcy filing, in an attempt to hold executives accountable for allegedly having defrauded their members of millions of dollars to support their own lavish lifestyles..."
Major NRA donor to challenge gun group's bankruptcy over alleged fraud | NRA | The Guardian
Bankrupt and financially solvent? Can someone explain that?
Bankrupt and financially solvent? Can someone explain that?
Bankrupt and financially solvent? Can someone explain that?
Appears from the news articles that this was filed in Dallas which means the Northern District of Texas which means that if he is still on the bench the Judge will be the honorable Harland D "Cooter" Hale who graduated from LSU law school with my little brother. I've met him at CLE's at LSU and he is smart as a whip. Unfortunately the case is not yet up on Pacer so I can't review it.