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Nate148
Joined: 24 May 2012
Posts: 499
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Posted: Mon Mar 27, 2023 11:27 pm
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welp time for sue
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Suxinn
Joined: 23 Jan 2009
Posts: 249
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Posted: Tue Mar 28, 2023 12:27 am
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Quote: | In short, as of March 11th, 2022, no further payments will be made |
I'm sure this was copied and pasted, so not ANN's fault (or responsibility), but is this a typo? Did he mean to type 2023 instead of 2022??
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IkariBrendo
Joined: 21 Jun 2018
Posts: 24
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Posted: Tue Mar 28, 2023 5:51 am
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Suxinn wrote: |
Quote: | In short, as of March 11th, 2022, no further payments will be made |
I'm sure this was copied and pasted, so not ANN's fault (or responsibility), but is this a typo? Did he mean to type 2023 instead of 2022?? |
He meant to write 2023, though for some March 2022 isn't even far from the truth
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Alan45
Village Elder
Joined: 25 Aug 2010
Posts: 9981
Location: Virginia
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Posted: Tue Mar 28, 2023 7:50 am
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Nate148 wrote: | welp time for sue |
Quote: | I understand that this situation is not ideal for any party involved, and I've done all that I personally can up to this point including exhausting family borrowing, exhausting loan options, and exhausting personal funds. As a limited liability company, Local Manga, LLC, is protected from personal liability for any remaining debt once its assets have been exhausted. |
He is saying that neither he nor the business have any money left and can't borrow any. There is not much point in filing suit if there is no money to be had. All you do is add lawyer fees and court costs to the amount eventually discharged in bankruptcy. He sounds more clueless than evil.
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casenumber00
Joined: 05 Feb 2011
Posts: 166
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Posted: Tue Mar 28, 2023 9:07 am
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I should start doing this, form an LLC, buy and purchase everything thru it, run up debt, declare bankruptcy, "sorry I mismanaged my LLC, good luck trying to get you money back from the company"
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ATastySub
Past ANN Contributor
Joined: 19 Jan 2012
Posts: 681
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Posted: Tue Mar 28, 2023 10:26 am
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Alan45 wrote: |
Nate148 wrote: | welp time for sue |
Quote: | I understand that this situation is not ideal for any party involved, and I've done all that I personally can up to this point including exhausting family borrowing, exhausting loan options, and exhausting personal funds. As a limited liability company, Local Manga, LLC, is protected from personal liability for any remaining debt once its assets have been exhausted. |
He is saying that neither he nor the business have any money left and can't borrow any. There is not much point in filing suit if there is no money to be had. All you do is add lawyer fees and court costs to the amount eventually discharged in bankruptcy. He sounds more clueless than evil. |
Except since this man is an outright and constant liar his saying that can’t be trusted. He purposely didn’t keep accounting books and has refused to pay workers the entire time. The way he set the company up he is still personally liable even if the company declares bankruptcy. Suing him means a third party will have to investigate the finances of himself and the company, and if there is any money there at all get it to who it belongs to. This also means he won’t just be able to jump ship onto doing it again under a different name, which is something he’s already claimed to want to do.
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ANN_Lynzee
ANN Executive Editor
Joined: 02 May 2011
Posts: 3020
Location: Email for assistance only
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Posted: Tue Mar 28, 2023 10:37 am
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Brendon Hull wrote: |
Suxinn wrote: |
Quote: | In short, as of March 11th, 2022, no further payments will be made |
I'm sure this was copied and pasted, so not ANN's fault (or responsibility), but is this a typo? Did he mean to type 2023 instead of 2022?? |
He meant to write 2023, though for some March 2022 isn't even far from the truth |
I've added a [sic] mark next to the date to denote that this was likely a typo on Hepburn's part.
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Alan45
Village Elder
Joined: 25 Aug 2010
Posts: 9981
Location: Virginia
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Posted: Tue Mar 28, 2023 7:46 pm
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@ATastySub
If his creditors think he is hiding assets, by all means they should file suit. Especially if they have any idea where the assets are hidden.
Quote: | Suing him means a third party will have to investigate the finances of himself and the company, and if there is any money there at all get it to who it belongs to. |
Nope, that is not how a lawsuit works. If freelancer A sues chappy for money for a translation (most likely in small claims court). He submits proof to the court that chappy owes it to him and chappy either agrees or claims he doesn't and submits such proof as he has. If freelancer A wins the court says "pay the man" and may add court and lawyer fees to the amount owed. Assuming there are some assets this helps freelancer A only. Freelancers B through Z get nothing. They have to file their own lawsuits. I suspect you are thinking of bankruptcy.
Regardless of the result of suit, the court has no investigative capability. If the person winning the suit can find and prove that chappy has remaining assets, the court can direct that they be seized but that is as far as it goes. In bankruptcy, hiding assets is a crime, but you still have to prove he did that.
Quote: | This also means he won’t just be able to jump ship onto doing it again under a different name, |
Why not? A lawsuit over amounts due would have no bearing on this unless it simply drained him of cash to the point where he couldn't. Actually this might help the winner of a lawsuit as it might constitute evidence that he still has funds to pay the old bills.
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