Hyperion bankrupt?

[Boot_WB]

Jesus Christ guys. Thanks for finding this. I ordered a system from Amigakit and it' been on pending for a week now and was wondering what was going on. I sent an email to them to cancel the order and send a refund right away. Good find and amazing community.

Congratulations.

Anyone else who has completed recently, or is in the process of buying, should check out the Uk consumer contracts regulations

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Which replace the distance selling regulations as of last year.
Summary: right to return up to 14 days after delivery.

Or wait and see how the bankruptcy proceedings go.

[Boot_WB]

@Iggy

That would be true if bankruptcy proceedings were only just beginning.

The bankruptcy proceedings are over, Hyperion had their chance to defend, lots and lots of paperwork and warnings would have been sent to their registered offices, most likely by recorded delivery, over a protracted period.

It is very serious, and whilst Hyperion may be 'rescued' (or not, plundering the assets may be cheaper than refloating the sunken boat), i doubt the ruling will be annulled.

It may also prevent certain people from holding directorship positions in future.

Either way, Hyperion will probably play Greece to AEon's Germany, with analogously punitive measures exacted for the rescue.
In the long term, probably good for OS4 if it survives the legal drama. Mind you, many of us thought that with the Hyperion vs Amiga Inc outcome...

[Boot_WB]

this is both insulting and incorrect.

-- eliyahu

Ah, but which bit is which?

[Boot_WB]

Lol.

[Boot_WB]

I get that it seems odd, but clearly you don't have experience with this, or you would have known that it is a relatively frequent occurrence.  There are many reasons for using a company handling agent of some form, but ensuring prompt and speedy mail delivery is not one of them, and it would not at all be unusual for whomever signed for the summons to not know that it was particularly urgent. Furthermore, assuming what Hermans has said is true, that person would not be a Hyperion employee, but an employee of a company that normally handle their administrative matters (this is also a relatively common arrangement).

Failure to appear because of late delivery of papers happens fairly regularly in bankruptcy cases, because timelines on purpose are often short because it is cheaper to rectify after the fact.

If Hermans' claims are true, it at most tells you something about the "degraded state of affairs" of the company handling their administrative matters.

You may very well have legitimate issues to be unhappy with Hyperion, but absent actual facts, this is not a reason. Not yet, anyway. We'll see soon enough.



Their first responsibility is *to the business*. If you're subject to what you believe to be a wrongful bankruptcy declaration, the last thing you should be doing is *actually* damaging the company by drawing peoples attention to it unnecessarily, or you may very easily find yourself bankrupt through your own stupidity even if the original claim is closed.

Actually the last thing one should be doing is pretending to still speak on behalf of the company.

All officers are suspended, the only person who can speak for Hyperion is the administrator.

[Boot_WB]

no.

no.

after the determined FUD campaign by a few folks around the forums, i'm not surprised. so let my try and help: hyperion is not genuinely bankrupt,

Yes. Yes they are.
All company officers are suspended and an Administrator has been appointed by the Belgian courts.

They Are Bankrupt: legally, factually, in a business sense: business operations are suspended and they have been declared bankrupt.

They are attempting to appeal against the ruling, we'll see how that goes.

Stop lying. Stop trying to warp reality: Hyperion are bankrupt. Any fool with an internet connection can prove it with current legal documents.

but there was an initial decree due to a variety of circumstances (you can find the details from ben hermans over on AWN).

Dog ate homework... Lost in the post... Etc

Just the usual bullcrap from Ben.

Ask Amiga Inc how lenient the judge should be with regard to Hyperions failure to 'dot the i's' in time.

they will be demonstrating solvency to the belgian courts to overturn the initial decree in the coming weeks.

No, that chance has passed, the ruling has been made, and they're now having to appeal against the ruling.

I doubt any judge will accept incompetent business admin (failing to collect post from their registered offices) as a reason to turn back time by anulling the previous ruling. And that's taking HyperionMP's word for it on all other counts.

[Boot_WB]

easy there, big fella. i'm not trying to warp anything at all. i'm just repeating my understanding of things: according to a friend of mine who actually is an attorney in france (and is familiar with how things work in belgium), the declaration does not mean the company is actually insolvent. a final report has to be issued first. but even if that wasn't the case, if i'm incorrect on the facts, then i stand corrected.


let's see how this turns out, shall we? if it turns out that in mid-march the final court decision is that hyperion is insolvent, by all means say 'i told you so.' i'm not taking any of this seriously, and i highly suggest others don't either.


-- eliyahu

Sorry dude, just makes me react to see people not only accepting and repeating Ben's assertions, but actually embellishing and rephrasing it as the de facto state of affairs when this is in opposition to the legal reality.

Again, apologies for the strong language.

[Boot_WB]

I have tried aros, but it is not TRUE AmigaOS.

I think we've all been there.

Which of the following is closest to how you see it:
TRUE AmigaOS lives on with AmigaOS4.x, despite there being no corporate or developer continuation from the previous version (3.9) because its based on the same sources.. except the kernel and some other stuff.
TRUE AmigaOS died with 3.x, since that's the end of 68k hardware support commodore and the original development team (in any form).
TRUE AmigaOS is about the filesystem layout, the cli, how the kernel works, the user experience, the application frameworks, the gui, etc.
TRUE AmigaOS is trapped in Amber since the day Commodore closed its doors.

Or

The idea of which is the TRUE AmigaOS is kinda silly ~20 years after the platform died. Use what you enjoy using, avoid that which you don't.

[Boot_WB]

None of the above. It is kind of silly trying to revive a ~20 year old system by trying to implement a lookalike on a similarly dead hardware platform. Take AmigaOs as it is: An operating system oldtimer that requires - like an old car - quite a bit of maintenance to keep it running, and that is fun to ride with on weekends just for the matter of itself. Everything else is, IMHO, just ignoring the facts.

Heh, should have added 'other' at least.

 I find it "fascinating" that some parties consider this platform economically viable beyond that and consider the old 68K hardware a competitor, but maybe that's only me.

Not sure anyone 'competes' with 68k (aka The Amiga), people use what they use, not much market to compete in beyond that i suspect. As you say, you can make a nice living restoring classic cars, but it's a similarly small market that is limited by demand.

[Boot_WB]

ok cant be bothered to read about 300 odd posts since i last looked at this thread.  could somone summarise the current situation for me please.  Have they sorted it or gone under ?

No change as yet:

 - They have been declared bankrupt;
 - They are appealing the decision.

The only deadline to have passed (26/2/15) is for Hyperion's creditors to register claims with the courts for the purposes of disbursing the proceeds of any liquidation of assets.

The next date of interest should be next Thursday (4/3/15) - Date of deposition of initial report for verification of said claims by the curator.

http://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=39913&forum=14&start=500&viewmode=flat&order=0#752763
http://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=39913&forum=14&start=500&viewmode=flat&order=0#752778

NB These dates relate to the bankruptcy procedure, not the appeal.

Whilst the appeal had to be registered within 15 days of the initial ruling, I don't have any reliable information on how long the appeal process may take.
However since the bankruptcy process is quite fast moving, any appeals procedure would by necessity need to be expedient (otherwise there would be nothing left to resurrect for any 'normal' business).

[Boot_WB]

i have a guess who that might be