For those who have not been able to follow the true story. This is another Carl Ichan manuver. The ethics of this are probably as gray as most of his deals. Anyone had their TWA pension legally stolen? Ichan is a genius at finding companies with beyond- incredible -performance pension plans, running company into ground, raiding the "surpluss" pension money, dismantling the company, and finally moving on much wealthier. WCI is his latest trophy. He bought most of their secured debt and just over 5% of the company and now controls WCI. The Chapter 11 filing is a way to wipe out the stockholders in order to emerge as the sole owner of WCI.
Robert:
You are somewhat mistaken. Carl Ichan has indeed lost plenty of $$ in his WCI investment, probably lots more than any other single shareholder. He did avoid losing more by having managment refuse his $1B+ takeover offer 14mos ago. His ethics are no more questionable than our entire capitalist system. His investment(s) were risk capital and as such, the lifeblood of our society's capital markets and capitalistic philosophy, no?
He did not, as you suggest, raid the WCI pension plan(though he has restructed some in the past), nor did he own the majority or possess absolute control of the senior debt. Ultimately the debt of WCI (it expanded enormously near the peak of it's cyclical success) forced this Chapter 11 filing. While shedding no tears for Ichan, he did lose over $120MM in this name and your assertion otherwise is simply not the case here.
My partners and myself were long ago approached about joining Icahn in the WCI deal. Wisely, we chose not to, but I cannot condone an unwarranted attack on him in this situation.
WCI was a bloated and arrogant builder that over-extended themselves in a highly vulnerable sector in a highly vulnerable region. Ultimately, this bankruptcy, and the others that will inevitably follow will help cleanse the golf-course business environment and make it vastly more efficient, all a net-positive for an overbuilt industry!