Originally Posted by
SamHill
Rob, can you unpack that a little bit? "Their" debt didn't matter. Whose debt? A few different issues here 1) concerning the warranty and 2) I am also confused about how they diverted money. Genuine question without agenda. Of course the lawyers are going to get paid first and there won't be anything left after that; who would expect anything less, right.
The question about the records is very interesting since Barrie and others have groused about it over the years. And groused for good reason because you and they are owed money and believe the records were "looted" from New York. I don't doubt that no money has flowed to any creditors no matter how high or low on the food chain.
However, whether the records were "looted" I've always thought could be due for some examination. An argument could be made that the law requires that records be kept by the trustee for 7 years, especially since there may be future claims. After that, it gets tricky, because I would think that *personnel* records are supposed to be destroyed in order to protect personal information of the business owner and former employees. Until then, the cost of the storage of the documents is yet another cost to billed.
Devil's advocate: After the proper time period had passed, they could have all been carted out to the curb and unceremoniously buried like so many poo-filled Huggies. They certainly have value now. Did they have value in 1983? Or in 1990? The value of a signed check from JZD in 1989 while he was still living was maybe worthy enough as a keepsake for a hard core car nut, but the value of a memo from Haddad to Lander, etc? That would have been so much birdcage lining. Still kinda is.
I'm interested because I'm ignorant. I have never heard of business records being considered assets, but I could certainly be wrong. I suppose an ethical argument could be formed that since they are valuable now, dmcseller could do the "right thing" and pay off priority creditors, but I am willing to bet those creditors would still be -- you guessed it -- lawyers who had outstanding claims, leaving everyone else bupkis.
Interesting issue.