And Pupster, Hymenroth is half-correct on the contract damages issue, however IIRC the claims were for money that was actually owed for the month(s) that were in arrears and for which Spongetech had rented the advertising and it was not resold to other clients. I'd have to dig up and reread the MSG, etc. lawsuits, butt I am pretty sure those checks were not for prepaid ads but were already months in arrears (IIRC the last RME check was for services rendered the prior Nov/Dec).
they defaulted on the written agreements - that's why they're debtors in the BK .. the contracts are written according to the agreements between the two parties - if they allow an early out .. its their agreement ..
its up to the harmed party to decided to start legal action on spng spongy has no say ...
bad checks are still bad checks .. no matter how they're spun by spongy and the supporters - the companies holding the bad checks ... have said so
any way all of this is moot now because of the Chapter 11