Hyperion bankrupt?

[OlafS3]

i have just read that on amiga-news:

http://www.faillissementsdossier.be/de/insolvenz/1039367/hyperion-entertainment-cvba.aspx

in english:
http://www.faillissementsdossier.be/en/bankruptcy/1039367/hyperion-entertainment-cvba.aspx

Hyperion is bankrupt?

[OlafS3]

Is it confirmed that it's OUR Hyperion?

[Edit] That would explain why they released 4.1 FE. Either to get a quick buck before it ends or to give the community the last fruits of their labour before the end.

Will Trevor buy them now?

if you look at this site:
http://hyperion-entertainment.biz/

there is this text:
"Hyperion and Individual Computers sign license agreement

Brussels, March 9, 2013

Hyperion Entertainment CVBA (Belgium) and Individual Computers GmbH (Germany) have signed a license agreement for use of Kickstart 1.3 and Kickstart 3.1 ROMs in processor accelerators for Amiga 500, Amiga 1000, Amiga 2000 and Amiga 2500."

and in the link I posted is "Hyperion Entertainment cvba"

[OlafS3]

Now that would be cause for celebration!!!

Unfortunately I have read that the developer of amithlon deleted amithlon and all of his backups because he was so angry.

[OlafS3]

When? Why?

I would have to search for the links. If I recall right he needed a license for the roms and there was a problem between Haage&Partner and AmigaInc. and he was between. At the end it seems he has deleted everything before he left the community (very unfortunately )

[OlafS3]

Hyperion says: "The news of our demise is greatly exaggerated":

http://oldschoolgameblog.com/2015/02/14/hyperion-says-the-news-of-our-demise-is-greatly-exaggerated/

"This is the result of an unfortunate administrative mishap by a third party and is in the process of being addressed/cleared up."

someone with access to the account of Hyperion on amigaworld. Whatever this exactly means

[OlafS3]

Surely you don't mean... that somebody was wrong on the internet?!

I don't believe it.

no it was not the internet.

"while in Belgium whilst it comes to administrative and judicial matters"

if the information itselve would be wrong they could simply ask for correction (even in belgium). I think that is EU law.

[OlafS3]

Not deleted.

thanx for clarification. I read it somewhere when I was searching for informations about Amithlon but obviously the informations was wrong

@Bernd Meyer

you obviously are still around (at least reading). Why do you not use Aros Rom Replacements for Amithlon? It would be great to have it again, there would be a lot of people willing even to pay for it

[OlafS3]

@Thomas_Richter

Well, I do know the difference but it's still a lot more serious than "just a misunderstanding" that HE claims. But sure, insolvent would mean that Trevor can invest money into the business, keeping it floating. Other than that it does look bleak. From what I know HE only have two paid employees. So if they can not pay their bills then they really don't have much chance of finding ways to do so.

Laws can be very different from country to country. But I suspect that they are quite alike in the EU.

I can only say about Germany but propably it is similar in all european countries (i will look at Belgium law for fun too). There is someone that has to get money from you and requests it and you do not have it. The company can have lots of work, insolvency only means there is not enough on your bank account at a certain point of time. This person takes the evidences (contracts and so on) to court. The court checks it and send you a new request (with additional fees for the court). if you do not pay this too you are officially insolvent and a attorney is appointed by court who takes control on everything. The company still is active but every bigger expense has to be approved by the official attorney. That is how I know it from germany.

[OlafS3]

I just got this reply from the curator:

"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."

It sounds like one court declared them bankrupt but they still have options to let it check by another court.

[OlafS3]

I just got this reply from the curator:

"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."

this is interesting:
http://www.lawyersbelgium.com/bankruptcy-procedure-in-belgium

sounds more or less like in Germany

[OlafS3]

They are not dead yet.

But even if they survive it raises a difficult question: who went to court to declare the insolvency and why?

+1

it is too early "to dance on the grave" but it is not just a "misunderstanding" either. Obviously someone who can proof that they have to pay him has gone to court. Either they can proof that the request is wrong or pay or be bankrupt.

[OlafS3]

They are not dead yet.

But even if they survive it raises a difficult question: who went to court to declare the insolvency and why?

when someone in germany goes to court it normally means he is hoping to get his money (or at least some of it) and the debitor is not willing or able to pay it voluntary (most cases not able to).

[OlafS3]

Looks like what could happen when a default judgement is given.
Can happen when your lawyer does not show up for the case or failing to file documentation on time.
can be caused by miscommunication of the date and time for the court matter or no notification being given by the court due to an "Administrative error" .

but there is obviously a claim against them otherwise no court would be active. We will see what happens.

[OlafS3]

True.
 But there are a couple companies who have a vested interest in the survival of the powerpc version of AmigaOS 4.x that Hyperion could have  approached for help if they did not have the funds to settle a debt.

Yes and no. Getting the money to survive the crisis is one thing but a company needs resources for development to pay people that work for them including freelancers. If they just have enough money to survive as a company AmigaOS development also stalls (except some people contributing voluntary). But we cannot know, most is in the dark right now.

[OlafS3]

How's that Gizmo? Can you explain?

I would say that too. The OS itself is still running like before and will continue to do so. The driver support is from A-eon anyway. The only thing affected is how will development be after "Final Edition" but it was said already that nobody should wait for it (4.2). So if your interest is to use AmigaOS and you can afford it then go for it.