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Poster | Thread | T_Bone
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Re: First round goes to Hyperion Posted on 18-Jun-2007 6:51:47
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Elite Member |
Joined: 11-Sep-2003 Posts: 3043
From: here To: there | | |
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| @samface
Quote:
samface wrote:
I still wonder how they managed to get the company deregistered. Perhaps the debts were transfered to another entity but then one wonders what entity... |
Legally, Amiga would have to notify the creditors.
Actually, they were legally supposed to notify the creditors when they dissolved too, as well as listing them on the "Articles of dissolution" along with how they would be repaid.
I wonder if the debts were actually listed there at all. Amiga Inc's papers seem to be a big mess. Maybe an oversight happened.
Wonder if I can get this document through PACER? I can't get my head around how a company with debt can be dissolved.
edit: I'm wrong about the "articles of dissolution", before this step, Amiga Washington must apply for and receive a "revenue clearance certificate", and it's HERE that the debts must be listed, THEN they submit the articles of dissolution.
the Articles of Dissolution can't be filed without a revenue clearance certificate.
What the heck happened?Last edited by T_Bone on 18-Jun-2007 at 07:05 AM. Last edited by T_Bone on 18-Jun-2007 at 06:53 AM.
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Poster | Thread | gary_c
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Re: First round goes to Hyperion Posted on 18-Jun-2007 6:33:35
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Cult Member |
Joined: 1-Mar-2004 Posts: 874
From: Chiba, Japan | | |
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| @samface
Those are reasonable questions, and even as an American citizen (though not resident for quite a while), I thought it was strange that Bolton Peck succeeded in his law suit but there was no mechanism for assuring he would receive the money deemed to be his. (He sued both Amiga, Inc. and Bill McEwen as an individual, by the way, in case anyone wasn't aware.) On Moobunny Rich Wood made the remark that the court only determines the legitimacy of the claims, it isn't a collection agency that does the leg work of going after the sued parties and extracting the money out of them. This was a big surprise to me too. I always assumed the collection was part of the legal process. (I wondered, OK, what else does the owed party have to do for justice??)
It seems to me there is a kind of disconnect between the parts of the US legal/governmental systems that hear lawsuits and those that control business registrations, etc. Obviously having outstanding debts didn't stop the Amiga corporate transfers; indeed, the debts seem to have been a motivation for them, and awareness of the disconnect is what made the parties confident they could get away with the transfers. Well, I think many Americans would agree there are lots of flaws in these systems; it seems we've witnessed one here. I wish we had a (nonpartisan) lawyer around to ask about this.
-- gary_c
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