CAN BANKRUPTCY SAVE ANOTHER PART OF AMERICANA?

The culture of America was developed and put together from so many pieces and parts. The Pilgrims, the bravery necessary to settle the violent New World, to fight battles such as the Alamo or even the Civil War itself. Whenever I think of what makes our country great, I think it is because of all the little bits and pieces that together are makes us Americans. Even today, we add new and exciting pieces to what makes this country great. I worry if we are losing to many of the pieces that helped mold America into what it is today. Having grown up in Charleston, South Carolina, we were told that in the event of a nuclear war, Charleston would be a prime target. We did the drills and put a book over our head in school as if we had any chance to survive a nuclear bomb. We learned that we must laugh at this, because, the other choice was unacceptable as it would mean living in fear.

As a young boy, I have memories of the Lowcountry of South Carolina, going to football games against Summer ville and Berkeley. If you think back to the so called simpler times, you remember, Red Ryder Wagons, BB Guns, Duncan Yo-Yos, Hostess cupcakes, Twinkies and Wonder bread. A part of our heritage is at risk as Hostess Brands which makes cupcakes, Wonderbread and Twinkies is in trouble. Hostess brands has filed for protection under Chapter 11 of the United States Bankruptcy Code. Through mismanagement or bad luck, we may soon lose this part of Americana. Can the Bankruptcy Court save this part of our heritage?

Time and again, the Bankruptcy Courts have been called upon to save corporations that would not survive without the Bankruptcy Code. General Motors has recently been saved by using the Bankruptcy Code to restructure itself and terminate contracts that it perhaps should not have entered into in the first place. I cannot imagine a United States that will not have GM trucks, Chevrolet or Cadillac cars. Fortunately, the Bankruptcy Courts were able to fix General Motors and it recently announced huge profits.

  • CAN THE BANKRUPTCY CODE SAVE HOSTESS BRANDS? ARE WE ASKING TOO MUCH OF THE BANKRUPTCY COURT TO SAVE ANOTHER PART OF AMERICANA FOR OUR CHILDREN AND GRANDCHILDREN?

I am more concerned about Hostess Brands survival because it has given the required, WARN act notices. What this means is that the situation is serious. Most of the time, when a big corporation files a Chapter 11 bankruptcy case, it has a plan as to how it will restructure itself. Financing to restructure the business is already in place. Hostess Brands is telling all of its employees, over 14,000 of them, that it has no plan. It is advising them that that it may have to lay them all off and the business close.

  • WHY DO I CARE IF THIS COMPANY CEASES TO DO BUSINESS?
  • I AM PRETTY SURE I CAN SURVIVE IF I NEVER EAT ANOTHER TWINKIE OR CUPCAKE, BUT, WILL AMERICA SURVIVE WITH THE LOSS OF THIS ICON?

I remember getting a package of Hostess cupcakes or Twinkies. When you got a package, you just knew that this was going to be a special time. These were and are such a great treat. If you look at the way they are packaged, there are two of them. You quickly learned that as good as these were, they always tasted better if you shared them with a friend. Sure you knew you could eat both, but, there was something about sharing them that made them taste even more special.

A LESSON TAUGHT AND LEARNED

If you shared them with someone, both you and that other person felt just a little better. The world was just a little nicer. Twinkies and Hostess Cupcakes taught generations that you could get a special feeling when you shared. On a hot, summer day, with no air conditioning, the famed humidity of the Lowcountry of South Carolina causing you to sweat when you were just sitting there, sharing made life more enjoyable. Learning that sharing and helping others made you feel better about yourself caused generations to want to help others. How will new generations learn this important lesson?

If you want to teach that sharing is good, go buy a package of Twinkies or Hostess cupcakes. Then find that person who least expects it and offer to share with them your delectable taste sensation. The smile on their face will warm your heart and, oftentimes, want you to create that smile on the face of others.

Once you learn the lesson of sharing from a cupcake, it becomes much easier to share other things with those who do not have what you have. You find out you can recreate, over and over, that smile, that happiness in others. The funny part is that when you share, you get more in return than you ever gave.

Let’s hope that Hostess cupcakes and Twinkies stay around so that others may learn the lessons they teach.

If you have questions about how to address your financial condition, contact me by calling 843.571.4042 or e-mailing me at Nathan@davislawsc.com. Let’s start making a new history for you and your loved ones.

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.
This entry was posted in GENERAL INFORMATION, Making the Decision to do Something. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *