@Trixie

they are officially bankrupt in a legal sense and there is a attorney (not Ben H.) that has the lead now. They are filing a claim against it but at the moment that is the situation. Or do you have different informations then share them with us.

@BigD

yes that comes to my mind: "the king is dead long live the king"

@saimon69

+1

I do not own AmigaOS or MorphOS myself. I have seen MorphOS on a Mac Mini and it seems to be a nice little and fast OS and AmigaOS is propably not bad either otherwise there would not be so many people enjoying it. And I am not naive regarding opensource that it automatically solves any problem (it can have its own shortcomings too) but I think the situation around AmigaOS shows what can happen (however it will go on now). You can guarantee that AROS will be there even in 10 years because nobody owns it, what changes is speed of development depending how many devs are involved in core development. MorphOS is in a better situation than AmigaOS because it is less dependent of getting new income and everything is owned by the team but still there is no guarantee because it is closed source either. They could close it from one day to the other (even if not propable of course), AROS cannot be closed. The core infrastructure should be open and free and the OS is the most important part of it. Think of the experiences for Amiga owned by individuals (I include Commodore here and of course all what happened after the bankruptcy) doing wrong decisions or running out of money.

Last edited by OlafS25 on 03-Mar-2015 at 09:39 AM.

@Trixie

Some minor corrections:

The official word FROM HYPERION is that they have been declared bankrupt.

Ben then went on claiming that anybody could just file for a minor sum in a belgian court and have a company declared bankrupt.

He did NOT state that is what has happened in Hyperions case.

Given his challenged relationship with the truth I'd say that last sentence is the only one that holds any real/valid information.

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@OlafS25

Quote:

they are officially bankrupt in a legal sense

No they are not. Especially in a legal sense. You can not say that until final judgment.
Judgement was given in default. First stage decision. Now, in a second stage court, Hyperion may show their proofs.
That's how I get it.

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@mr2

Then you got it wrong. This isn't rocket science: ATM they are bankrupt as declared by the legal system. They may be able to _exit_ that bankruptcy but that doesn't change that fact.

@bison

Quote:

bison wrote: @pavlor Quote: I don´t like thread necromancy. Update: I just slogged though pages 28-35 of this thread with the hope of finding new information. There is none. Would someone please invoke Godwin's law so this thread gets locked.

Why do you want to lock a thread that other people are enjoying?
Bit Nazi like, isn't it?
We all know that's what Hitler would have done too.

(Will that do? )

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@mr2

Quote:

No they are not. Especially in a legal sense. You can not say that until final judgment. Judgement was given in default. First stage decision. Now, in a second stage court, Hyperion may show their proofs.

finally truth be spoken while others are twisting facts and spreading lies.

Quote:

That's how I get it.

which likely applies to the linked statistics as much.

@megol

From curator mail:

"The company announced to start an opposition procedure according to the Belgian Bankruptcy Act.%&$#?@! In that case the Court can take a decision to annul the first Court decision which means it is like no insolvency proceeding has even been pronounced."

So, no "maybe able to_exit_" but "like no insolvency proceeding has even been pronounced"
If it is final decision you will not be able to annul it.

While there is no final word from the court it is my final in this thread...

Last edited by mr2 on 03-Mar-2015 at 01:09 PM.

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Are we there yet?

@thread

If you're bored...

Belgian bankruptcy process

#6

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@OlafS25

Quote:

Or do you have different informations then share them with us.

No, I have what you have: a bankruptcy proceedings under way and a public statement by Ben Hermans that this is being dealt with. When/If the court declares Hyperion bankrupt then we'll be all more the wiser.

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@Trixie

Quote:

When/If the court declares Hyperion bankrupt then we'll be all more the wiser.

A court already did. What is happening is they are trying to "appeal" the judgement.

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@Trixie

THEY ALREADY HAVE! Hyperion is bankrupt as declared by the court!
...
I don't understand why this is so hard to understand. Just because you don't like reality doesn't mean reality isn't real.

So again given the available evidence:
. Hyperion is now bankrupt and is, according to bankruptcy law, managed by a third party. Sources: The court and the court appointed manager.
. Hyperion claims that this is due to a mistake and that the bankruptcy decision will be appealed. Source: The post from the Hyperion account on this website.

@terminills

Quote:

A court already did. What is happening is they are trying to "appeal" the judgement.

What I'm wondering is if Bert's filing tomorrow will be automatically accepted and executed or will a Judge have to review and approve or reject Bert's decision with in so many days. It's so very interesting on how different countries handle corporate bankruptcy procedures.

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@pavlor

Nope, you are not the last supporter here :)

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@megol

Quote:

Hyperion is now bankrupt and is, according to bankruptcy law, managed by a third party. Sources: The court and the court appointed manager.

Or, if you looked at the first hit given in my link prior, which is kinda like Belgium bankruptcy process for dummies:

Quote:

What is the impact of a bankruptcy order on the directors of a company? From the date of the bankruptcy order the company (and therefore, the directors) loses the right to manage its assets. All payments, acts or transactions carried out by the company and all payments made to the company after the declaration of bankruptcy are void.

This would refer to the January date as I read it.

#6

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@Trixie

Quote:

that this is being dealt with

seems the technique involved so far is to sit it out avoiding the mailbox in expectation that evil will pass by by itself without further notice. even if there isnt much to gain or to lose, im really curious how will this work out.

@Jacken

Quote:

Nope, you are not the last supporter here :)

Glad to see I´m not alone!

@Robert

Quote:

We all know that's what Hitler would have done too.

Thanks!

Strangely, this thread seems to be back on topic for the last page and a half. There is absolutely no new information, but at least its back on topic.

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