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Author Topic: Amiga, Inc. (Washington) changes name  (Read 10808 times)

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Offline Tigger

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Re: Amiga, Inc. (Washington) changes name
« on: November 04, 2007, 01:22:24 PM »
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ChrisH wrote:
@Argo who said
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Except your confusing what McBill says with real world evidence.  Ignore McBill and pay attention to the paperwork, that is going to lead you to the truth.

So you're saying that McBill purgered himself in court when he said they were broke?...


He said they only had about $100 in the bank, and he talks about both debts and assets.  Though AI would have likely met what we call a cash flow (or accountants) definition of insolvency, under US law (in Title 11) is debts greater then assets, and AI's assets (trademarks, copyrights, etc, all of which Bill talked about under oath) were worth far more then the debts he talked about, thus under US law, AI was NOT insolvent.    
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Offline Tigger

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Re: Amiga, Inc. (Washington) changes name
« Reply #1 on: November 05, 2007, 04:05:42 PM »
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AmiDog wrote:
@Tigger

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Q: Can you state your name?
A: Bill McEwen
...
Q: Is Amiga as we sit here today financially solvent?
A: No
Q: Is it fair to say that its debts exceed its credits?
A: Yes




Yes and he also listed the assets of the company, IP and Trademarks.  They have value and are important in finding a company insolvent.

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Insolvency is a financial condition in which the total liabilities of an individual or enterprise exceed the total assets so that the claims of creditors cannot be paid.



Insolvency has only one definition in US law, it is in Title 11 of the US Code, it quite clearly says debts exceed assets, AI(W) did not meet that criteria in April of 2003, despite Hyperions claims to the contrary.

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So, we are either looking at an insolvent company, or Bill did commit perjury, in which case he will face up to five years in jail according to US law.


No, Bill is answering with an accountant answer, not a legal answer and he is led to that by the questioner.   AI couldnt pay bills, true, technically if they decided that we were not going with a legal definition and going with this definition, then they were insolvent on Nov 3, 2001, which would invalidate the entire 2.07 clause.
    -Tig
Well you know I am scottish, so I like sheep alot.
     -Fleecy Moss, Gateway 2000 show