Please read my convo with this dude the last few pages. He’s not invoking racism, or if he did the author weirdly left that part out of his direct quotes from Kane and his lawyers; but only the author mentioned the fact he’s black
“said Kane, who is black,” in the middle of a quote about finances. That was basically it for the acknowledgment Kane is black thru the whole article.
from his lawyers quotes, it’s financial. He didn’t say “chapter 11 is racist”
it’s an old financial/legal argument recognizing there’s a degree of control a creditor can have over a debtors finances that give them too much control over basic life decisions, say you dictating the specific terms of a payment plan that might overstep into someone basic life choices, similar to indentured servitude and slavery. Non black people have made this argument (lots of white “indentured servants” in American history too)
it’s worked some times, and not at others. Depends on all the little details of what his creditors want in relation to his fairly unique job that the judge will interpret.
Slavery/indentured servitude has interpretations involving finances in a capitalist society. How much money % wise , how fast, does that stop him from making basically any decisions in his life?
****It looks like the creditors want to dictate all the terms generally that he can’t have a say, for instance in a way that he feels they may essentially force him to work when he doesn’t want to, for how long he doesn’t want to etc. ***
from the article:
“‘Zions makes it clear in its Motion that the sole reason it seeks conversion to Chapter 11 and appointment of a Chapter 11 trustee is to ensure that Kane’s future income is property of the bankruptcy estate, for whatever period of years the Chapter 11 trustee and creditors deem appropriate for a bankruptcy plan,” Kane’s motion said. “This violates the Thirteenth Amendment’s prohibition against involuntary servitude and cannot be tolerated by the Court… The Thirteenth Amendment ended involuntary servitude unless convicted of a crime.
“While Kane currently intends to continue playing with the Sharks, the Lenders request that his personal choice be removed from the equation,’”
