David, please tell me why labor contracts seem to be the first to go.  In the 
case of 
theaters, labor costs are not particularly high -- especially with the 
multiplexes.  I 
speak as someone who used to take tickets back in the 50s.

On Thu, Sep 22, 2005 at 10:17:33AM -0700, David B. Shemano wrote:
> You (and others) don't have to believe me, but I am not making this up.  
> Under the Bankruptcy Code, corporations have the right to "reject" ((stop 
> performing under) essentially ALL of their contracts.  For instance, in the 
> US, almost every theater chain when through chapter 11 several years ago for 
> one reason -- get out of bad real real estate leases entered into when the 
> chains overexpanded.  There was nothing the landlords could do.  Corporations 
> file chapter 11 to get out of disfavorable supply contracts.  The list goes 
> on, and there is nothing the non-debtor party can do.  Alone among contracts, 
> there are special rules making it difficult for corporations to get out of 
> collective bargaining and pension agreements.  In order to stop performing 
> under these agreements, the corporation must essentially present financial 
> projections to the Bankruptcy Court that demonstrate the corporation will 
> have to liquidate unless the agreements are modfified.  The unions, retirees, 
> PBGC all have the opportunity to respond and demonstrate alternatives.  There 
> are actually very few cases where the corporations have successfully modified 
> those agreements.  Those cases are often large and get a lot of attention, 
> but they remain rare overall.

-- 
Michael Perelman
Economics Department
California State University
Chico, CA 95929

Tel. 530-898-5321
E-Mail michael at ecst.csuchico.edu

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