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- From : Asha Develder
- To: All
- Subject: -----NEWS-----(ugh)
- Date : 30 Jan 95 08:35
-
- Well, another conference, another post... This one doesn't make me the
- least bit pleased... As a matter of fact, I'm downright depressed. As sick as
- it seems, this is not a joke...:(
-
- ---------------------------------read on----------------------------------
-
- (1-8,Dan Stets) I'm in sort of a funny position tonight. I think I actually
- have news. The kind that should be in my newspaper but I haven't had a chance
- to print. I've scanned the forum, and I haven't seen anything like it, so I
- think it is news. Not a rumor. We've got to make a deal. I tell you what I
- know. Then I give you my various E-mail addresses, and you guys send me some
- comments by tomorrow a.m., saying what you think about the news, and
- identifying yourselves and you're Amiga connection so I can use a comment or
- two in the paper. How's that sound?
-
- (Asha DeVelder) DEAL!!!
-
- (1-12,Moshe Zafrany) no prob.
-
- (1-11,Matt Caldwell) OK
-
- (1-1,Pat Henderson) Hiya, Jim.
-
- (1-1,Pat Henderson) Sounds fair, Dan.
-
- (1-8,Dan Stets) Okay. The Compuserve address is 73632,1367. The Internet
- address is Stets@Netaxs.com. I give that later in case you want to spread the
- word. Well, with all this build up, I should begin. I'd been putting out calls
- the last coupleof weeks, and not getting anything back from Alex, but total
- confidence from C=UK that they would sign no later than this past Thursday. I
- call them Thursday, Pleasance is out, but they tell me that nothing has
- changed and there is nothing new to report. Strikes me as a bit odd. I call
- the liquidator Thursday. No response. I call Friday, no response initially,
- but then he calls me back with a new, and what he described as significant
- development.
- This has two parts, the first part of which you probably know. The
- liquidator and his lawyer have worked out a deal with the American creditors
- which allows the whole thing to go forward and for there to be a signing. It
- is called a protocal. Basically, what it does is allow the liquidation to
- proceed using part of the Bahamian law, part of the American law, whichever is
- strongest at various points to protect the creditors interests.
- Sounds pretty reasonable, and everyone seems happy. Lawyers are
- beating their chests very proud of what they have wrought, declaring it could
- be a model for international liquidations in the future, blah, blah. You get.
- Well, the New York bankruptcy judge approves it, Garrity, I think I have the
- spelling right. The only thing left is for the Bahamian court to approve and
- off goes the signing, presumably with C=Uk getting to do the honors and then
- the bidding.
- So the Bahamian court is getting ready to approve the deal, but who
- should step but our old friends, the former execs of commodore, to file a
- formal objection.
-
- (lines and lines of outrage deleted 'cause I'm sure you're shouting your own)
-
- (1-8,Dan Stets) Gould and Ali. They apparently are afraid of what it would
- mean.
-
- (1-19,George Roland) Jail?
-
- (1-4,HARRY JOHNS) 30 YRS
-
- (1-13,BobR) personal liability?
-
- (1-1,Pat Henderson) Neutering?
-
- (Asha DeVelder) Death is too good for 'em...
-
- (1-8,Dan Stets) You may recall one clear distinction between the two laws.
- Under bahamian law, a liquidator can go back three months and reverse or hold
- the execs responsible for their acts. Under U.S. law, it is 12 months.
-
- (1-27,Paul) On what grounds can they object anyway?
-
- (1-8,Dan Stets) Well, they are objecting that they filed for bankruptcy in the
- Bahamas and the Bahamian courts should protect their rights and restrict the
- jurisdiction. Well, apparently Gould must think this it cuts both ways. It
- looks like smoke. It also gets our two lead characters back in this story
- after many months of their being in the background. I tried to pin the
- liquidator down on how long the delay could be, but it would say much other
- than that the whole thing was "signficant." yes. I intend to print
- something, and that is why I am in a bit of an awkward spot tonight, Matt.
- Usually, we just go over details or nuances, but this is news.
-
- (1-11,Matt Caldwell) Oh...
-
- (1-8,Dan Stets) Well, I am a newspaper reporter and technically, my job is to
- put good news in our paper. Here we are talking about news in a very public
- forum. The point really is, that I should put news there first. Luckily, we
- are about the only daily interested. The others are weelies. (1-8,Dan Stets)
- Okay. Now the questions.
-
- (Asha DeVelder) Dan, how much time would you think this will add to the
- proceedings?
-
- (1-8,Dan Stets) Very uncertain. it depends how the bahamian courts react. I
- got the impression from the liquidator it could add quite a delay.
-
- (1-1,Pat Henderson) Dan, you mentioned smoke. Think the execs are trying to
- get clear of the wreck?
-
- (1-27,Paul) Pat, no, they're worried about others finding out how they CAUSED
- t he wreck.
-
- (1-8,Dan Stets) The whole company was set up to avoid U.S. law. The
- liquidation was done to avoid U.S. law.
-
- (1-27,Paul) Pat, and yet personally made fortunes.
-
- (1-8,Dan Stets) The U.S. creditors have been interested in making them liable
- for the damage for sometime. What I meant by smoke, was where there is smoke,
- there usually is... The liquidator considers this a significant stumbling
- block, but he suggested I check with his lawyer to find out what it really
- means and how long a delay might be. I have not yet had a chance to do that.
-
- (Asha DeVelder) Will you post something here when you find out? (PLEASE!!!)
-
- (1-13,BobR) Dan - have you tried to contact Ali for an insult -- I mean
- comment?
-
- (1-8,Dan Stets) Yes, of course. Who knows? Maybe this problem will evaporate
- quickly, but I kind of doubt it.
-
- (1-12,Moshe Zafrany) What was the court last saying?
-
- (1-8,Dan Stets) Do you mean the Bahamian court or the U.S. court?
-
- (1-12,Moshe Zafrany) Bahamian.
-
- (1-8,Dan Stets) As far as I know, the u.S. court has said the bidding can
- begin, the Bahamian court hasn't said anything yet. People there are
- scratching their collective heads, wondering how to handle the motion from Ali
- and Irv.
-
- ----------------------------you can stop now------------------------------
-
- Maybe the Courts will throw out G&A's suit, maybe the lawyers will put
- pressure on (after all, they were so proud of what they'd done). All we can
- do is hope.....sigh....
-
- Asha.DeVelder.... Internet: asha.develder@209-216-5.genesplicer.org
-
- * There she goes, again....totally disregarding reality....tsk tsk tsk.
-
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