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The post you refer to is in no way "legal advice'. It simply is a rather accurate read of a rather simple court order/judgment. One doesn't need to be lawyer or even a member of a legal team to understand the meaning of a default judgment.
Maybe this will help: Look at a default judgment as you would an athletic event where only one team showed up and was awarded a VICTORY by Forfeit. Hope this helps.
Again, Mr. Hunsaker is contesting the suit on a personal level, and since he was named and served in this case the case remains open as to whether Mr. Hunsaker is deemed by the court to be responsible for the breach of contract. The final disposition hearing will serve as the dotting of the I's and crossing of the T's . AERP, the public company, had no representation and did not contest the suit. AERP, Flo-Co and TTR HP lost by FORFEIT.
imo
The $5k was for a contempt order, not the default amount. Hope this helps.
Florida subscribes to the rule of joint and several liabilty when it comes to a plaintiff seeking economic relief from multiple defendants. I strongly suggest you read what this means. Also, the state of Florida court records are available, including the copy of the original complaint filed by NASCAR along with other documents filed(this will cost you a nominal fee). And yes, Earnestdd is correct, the amount claimed is in excess of $1 Million. Hope this helps.
Several defendants were listed and an additional "alias" entity/person is also being pursued by NASCAR per recent developments in the case. Care to take a guess at who the new "alias" may be? LOL NASCAR is being thorough.
To date, AERP-the public company has not responded and is in DEFAULT Judgment status, Flo-Co, LLC, on top of being found in contempt and fined $5k, is also in Default judgment status, TTR HP is in Default judgment status as well. Mr. Hunsaker has on the other hand answered the complaint and is actively contesting the suit on a PERSONAL level. This most certainly is NOT good news for AERP shareholders. Hope this helps
imo
Actually Aero Performance Products, the public company, has been declared in DEFAULT by the court in Volusia County. Mr. Hunsaker is also named as a defendant. Mr. Hunsaker is contesting responsibility On a PERSONAL level. I think you will find that Mr. Hunsaker is attempting to invoke the Corporation's indemnification clause thereby assuming no PERSONAL responsibility regarding the alleged Breach of Contract claim being made by NASCAR. On the other hand, AERP the Company has offered up zero defense to the suit, hence the DEFAULT ruling. Hope this helps.
The tactic employed by Mr. Hunsaker(Corporate Indemnification), basically abandoning the company and it's shareholders proves that those thinking Mr. Hunsaker ever had the interests of common shareholders in mind were dead wrong.
IMO
Exactly Basser1, BCC contracts signed before the "acquisition" along with any raw materials/equipment finding their way over to EXPH/D&D Displays could raise a red flag and require an explanation. If the "acquisition" did not include work-in progress orders and/or materials/equipment what were the cash and restricted share components for? Interesting, no?
How they account for the "acquisition" of BCC and what assets were brought on board could prove to be a minefield. Remember, any open orders/contracts would be considered assets per the IRS.
The federal tax lien filing date is CLEAR and it covered any and ALL assets of BCC. The press release mentioned a combination of cash and restricted common shares were used to complete the BCC deal, correct?
Perhaps the IRS would welcome a detailed count of events leading up to the Expo Holdings-BCC "acquisition"?
IMO
Neither. Maybe JD will record the tax lien as a "loan" on the books.
Yes, but Fred Sanford died.
"a few hundred dollars to a few thousand dollars.." OUCHY! That's a bit pricey for kindling.
Perhaps Caskets? Or better yet nail them all together, make the faces interchangeable and walla!- the ETC port-o-potty.
Thoughts, anyone?
Perhaps they would make good kindling?
So, with a straight face JD and Glenn sold the faithful on the premise of dilution done at sub-sub penny AFTER helping themselves to roughly $400k in company cashola?
As for the BCC acquisition.Since all BCC assets fall under a federal tax lien filed back in early 2010-(pre-"acquisition"), would any of the current "orders" being filled include orders placed with BCC between Feb-2010 and up to the merger date? tia
"New voices are very welcome." That is wonderful...glad to hear it.
Here are 2 simple questions for anyone wanting to voice an opinion on:
1) What was the overall economic climate and financial condition of D&D Displays at the time JD and Glenn took a combined $400k from the company in the form of loans?
2)What would the PPS be today if Glenn and JD were to have simply paid back the company the $400k they took as opposed to DOUBLING the A/S & diluting the O/S into oblivion?
All opinions are welcome! TIA
Expo Holdings is a public company with, according to *some*, visions of uplisting to a legitimate exchange.
By "senior management" I assume you are speaking of directors and officers??
It would appear some house cleaning would be in order regarding JD and Glenn's "loans".
http://www.dorsey.com/files/upload/New_Ban.pdf
IMO of course
Amen to that patchman. Simply ignore all that is happening around you, and instead post out daily short sale data, which is as you have pointed out, USELESS.
Throw in a little bit of name-dropping and its off to the races. lol
I wonder who else will have their name tossed out as a candidate for the CEO position? Will uplisting be mentioned as part of his/her agenda? If so, experience in rapid uplisting would come in handy wouldn't you say? Along with an expertise in establishing a distribution footprint while remaining frugal.
What is the record for fastest uplisting? Can anyone remember?
IMO
Robert Tillman, as in Robert Tillman Former BAC Board member?
Why was it that he resigned? Have all the BAC civil suits played out yet? TIA
How is the Smart Win international LTD vs. Empire Energy Corporation International and Malcolm Bendall -Breach of Contract case coming along? Any updates? I believe Mr. bendall and Empire Energy moved for a dismissal based on jurisdiction/diversity of citizenship. Any further updates would be appreciated!
Decks?? I think Glenn Harrs "other" business includes DECKS. Just a thought.
Why? The clear insinuation is that Nate toured Food Lion stores fitted with fixtures produced by D&D Displays.
Any thoughts on who the new CEO will be?
Will the new CEO have previous OTC experience? TIA
Thanks Nate!!......The GC Store# 1048= GL Wilson Building Company
I find it odd that JD wouldn't field any questions regarding Food Lion. LOL
Cuhaci & Peterson Architects LLC participated as well as Bowen Engineering :).
Great job Nate! As for the Food Lion you toured, all I need is the address or store # and I'll tell you exactly when the remod was done! Again, AWESOME job and remember- regarding the Food Lion store- STORE ADDRESS and/or STORE #.
I may even share with you the GC!!
Time is money. eom
I do not need to wait until 9/15 for clarity. I understand this company and it's management quite well. :)
anyone seeking clarity on 9/15 is in for a huge disappointment imo.
The Builders Choice 'acquisition'- There's nothing like a little local perspective-join the discussion-it appears to be an open forum!
http://www.gowilkes.com/voice/view/?start=&msg=76598&h=23330
I think you'll find that SBB referenced the last known public filings to draw his conclusion. He is most certainly correct.
To forward the notion that EXPH has more value than what SBB thinks one has to take a giant leap of faith and conclude that JD and Company have vastly improved the company's bottom line yet refuse to share this POSITIVE news via public filings. So what we have is speculation on your part that doesn't pass the smell test.
In lieu of sharing glowing financial news via filings JD chose to raise the A/S on three separate occasions and dilute this into oblivion does NOT= speculation IMO- it simply makes no sense.
Positive financial news being filed would have resulted in a higher PPS which in turn would have slowed the dilution necessary to fund this mythical growth spurt. IMO
At this stage of the GAME, Why would anyone lend the company $3 million? Trusting Malcolm will deliver ANY results with another $3 Million? LOL
Taking into consideration Mr. Bendall's past performance at the helm I would suggest that NOT lending the company $3 Million is based on using logic. How much money has Malcolm burned through?
What are the tangible results? Thr RO has been a flop due to past performance IMO.
Perhaps you would like to lend Malcolm/EEGC $3 million? If NOT, WHY? Thanks.
Speculating? So, are you saying Taking debt into consideration is not necessary when doing a valuation? Thanks
Every single asset belonging to Builders Choice is encumbered by a Federal tax lien. This Lien was filed well before the D & D - BC 'marriage'. Any attempt to transfer assets after the federal lien was filed could be construed as criminal.The lien is on file in North Carolina, READ IT.
IMO
What are your thoughts as to the Passing of Window World's ceo AND etc?
I personally think any connection between Todd's untimely death and ETC not being part of the Window World family of products is pure and utter nonsense.
In the real world of business the following would have been completed prior to ANY annoucement:
Window World employees would have undergone training in regards to the ETC product line.
Marketing and Point of purchase material would have been on site.
Contracts would have been signed and in place well before the ill-fated announcement of the Window World-ETC "partnership". To use Todd's passing as an excuse for Mr. Brown's inability to find a market for the ETC product line is offensive in my opinion.
With all due respect sir, a successful product rollout/launch includes the producer of said product actually securing outlets for distribution and sales. As a matter of fact, I think most in the business world would consider securing distribution and sales channels as PRE-LAUNCH. What we have so far is:
A product that is not available for sale via one single retail outlet. (If this is incorrect let us know specifically where we can view and purchase the ETC product.)
Funds wasted on a race truck.
Remember Previous Press releases touting HUGE revenue projections for said product. Hundreds of millions of dollars via the ETC website? LOL
In no way can Mr. Brown consider the ETC debacle to be a successful product launch. If indeed the LAUNCH date was met then the product has failed. So we are left with 1 of 2 conclusions: The product launch has not happened yet meaning you are mistaken, OR, the launch has come and gone without market acceptance.
Which is it?
thoughts anyone? Or am I alone in this thinking?
The Geddes news? Okay, here ya go.
http://www.utahsright.com/chargesprofile.php?id=7876623
Mr. Hunsaker is still listed as an officer of Aero Performance Products per the Nevada SOS Corporation site.
Maybe Mr. Hunsaker will ride in on a white horse and revive this one!!
Or, Maybe Not-
http://www.vestus.com/foreclosure/UT/Salt%20Late/DRAPER/1867-SPRINGDALE-WAY-84020/107979
I thought Mr. Hunsaker was FRUGAL?
just my guess
What is the Big, Big news?
Does it have anything to do with Gregory Geddes' recent CONVICTION(2 Counts of GUILTY-Communications Fraud) in Utah?
TIA
Just a guess
Are you saying that the 2 principals took "loans" from the Company? If so, when and how much? If true, uplisting could be an issue IMO.
Perhaps the 2 principals should read the SOX act- specifically section 402. "Section 402 of the act makes it unlawful for any public company, directly or indirectly, to extend credit,MAINTAIN credit or arrange for the extension of credit in the form of a personal loan to or for the benefit of any director or executive officer....."
IMO
That has already been done. Just read Lexit's posts, then read other posts by EarnestDD among others.
Can money be made playing this scam? Perhaps, but one must be quick and have impeccable timing and of course some inside info would help. This is an insiders play IMO.
Everything.
Does the website update from yesterday translate into: Lowes 20,000 piece order= part of the $500,000/orders currently in-house ? TIA.
Also: After reading a post that stated the ETC product launch was a success, I must ask, What outlets are carrying the ETC line? TIA
Is Harrsremod carrying/pitching the ETC product line? TIA
I certainly hope that Harrsremod is not using D&D Display Inc RESOURCES, Customer Contacts, Equipment, etc to conduct business, Other than using D&D Displays, Inc very own Fax machine.
Feb 2010 IMO. Fax number is same as D&D Displays Inc.
Strange since the services/products listed include Cabinets-Kitchen & Bathroom. Odd, especially since Builders Choice was depicted as being a 'tough competitor of D & D Displays', does this mean Harrsremod is a competitor as well? TIA