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Re: Burn Notice88 post# 42036

Thursday, 12/06/2018 11:24:29 AM

Thursday, December 06, 2018 11:24:29 AM

Post# of 50981
You should read the WHOLE Motion to Dismiss...

It's 175 pages, with Exhibits attached.

But the actual pleading is only 17 pages.

And it rips apart IHSI's claims on several grounds.

First, for being incompetently put together, with referenced documents omitted (like the Credit Agreement which is central to the case).

Also, for ignoring IHSI's agreement to forgo all rights to sue the lender, enough on its face to reject IHSI's claim.

But what's more is the specific lack of claims as to how they were injured, a point I made previously:

"What damages did they suffer?"
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=143462083

But perhaps most valid is TCA's claim they they would need to be "returned to status quo", i.e., IHSI would need to return the $1.5MM to TCA.

TCA makes persuasive citations of previous precedent in this regard:
All this legalese boils down to:

"If y'can't make me whole again, y'still owe me the money."

A dismissal of IHSI's claims would not surprise me.

IHSI is toast, one way or another.

On the bright side (if you're a vengeful lot), TCA can't get blood from a stone. TCA may do no better than to receive full claim to Cresent. IHSI would still be left a debt-ridden shell, at the mercy of their toxic debt and ~$2MM IRS liens due.

Like I said, no Cresent, no PAS, no nuthin' but toxic debt and IRS liens.
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