| Author | Message | ||
     Ebrfan |
Bruce, an important legal point you and your lawyers must to bring before the court in favor of keeping the company intact is "interstate commerce.". It is a compelling legal argument that can't be argued against; here's why: Breaking up the company and dissolving it into meaningless pieces of small profits to individual buyers by any liquidator does nothing to help the long term American interstate commerce. Allowing you to take control of this business and pursue manufacturing of one of the few Americans motorcycle companies continues to help interstate commerce because more people travel, more parts are made, more tires are made, more jobs are created (not just by you, but in other segments of the industry as well), more taxes are paid, etc. To liquidate this motorcycle manufacturing company would only help interstate commerce for the short term while the liquidation is taking place and shortly thereafter while parts for the bikes already manufactured are being bought up. Interstate manufacturing commerce from the liquidation of a automobile business such as this will forever suffer and the court has the power to continue the viable manufacturing facility. | ||
| Thumper1203 |
Most prudent.. and absolutely brilliant, Ebrfan I intend to glean elements of your post and incorporate them into the letter I am crafting.. thank you, very much  | ||
| Submax |
Thanks Bruce and Ebrfan! That is very helpful.  I'll write up a letter and get it sent in ASAP. | ||
| Mope |
I never post here; tend to spend my time on the 'other' forum.......I cross posted the relevant info there and sending my letter today. Holidays are busy, but considering Bruce's existing financial support, vision, and communication so far (beyond expectations) I'll do my part and push others to do the same. And I don't want an 1190 paperweight in a few years when I need parts  | ||
| Davegess |
This is from the attorney: Make sure to also send a copy to Michael Polsky and notate on the judges letter that you have done so, otherwise it will be considered ex-parte communication and the judge will not take into consideration your letter. I don't have the address but somebody here does. I think the important. | ||
| Court |
Never a bad idea to check the Judges communications guidelines. Some are quite specific and absent compliance stuff must, and does, get tossed. Shame we eschewed the old system of "yay-Sayers and nay-Sayers" ...... Back when whoever could afford the most witness''s ..... In favor of Common Law | ||
| M1combat |
Yeah please get Polsky's email address so we can copy him to make sure we're doing this 100% legit. | ||
| M1combat |
I don't suppose it would suffice to send it to sales@liquidap.com and lead with "Attn:Michael Polsky"? | ||
| Hughlysses |
Yeah please get Polsky's email address so we can copy him to make sure we're doing this 100% legit. I've always heard that a letter on paper is 10X the value of an e-mail in matters like this, but here are both his snail mail and e-mail addresses (from the company website): Beck, Chaet, Bamberger & Polsky, S.C. Two Plaza East, Suite 1085 330 East Kilbourn Avenue Milwaukee, WI 53202 email: mpolsky@bcblaw.net And here's the judge's address so we can keep them both on the same page: Walworth County Clerk of Courts P.O. Box 1001 Elkhorn, WI 53121 Include the following info in your letters: CASE# 15CV00247 - Branch I - CIVIL Judge: Hon. Phillip A. Koss | ||
| Eviled98 |
If you can make it... 01-14-2016 08:30 am Walworth County Judicial Center - Room 3021 Source: http://wcca.wicourts.gov/index.xsl (Message edited by eviled98 on December 23, 2015) | ||
| Court |
The LAST thing I would do is send an e-mail. In fact, e-mail likely does more damage than good. Take a piece of paper . . .even a Big Chief tablet . . and a pen/pencil in hand and write your feelings. Be honest, concise and legible. Keep the entire thing to less than 300 words and, if possible sort them into a couple neat paragraphs. Use white space to your advantage. When you are done . . look at the letter from 10' away. Does it look good? Silly question, but you'd be surprised how much crap these folks get that is in 10 pitch font and consists of 873 word run on sentences. Be brief. Be honest. Get in . . say what you have to say . .. .get out. Be mindful these guys are making $800+ an hour and the time they spend reading your letter is important. Polsky is a serious guy and . . even in view of the chicanery that the Court has allowed on this matter . . he, Obi Juan, is your only hope. | ||
| Ponti1 |
^^ Yep. Get out a piece of heavy paper and use it, too. Standard 20# bond is also not as commanding as a heavier weight. And, for God's sake, use a printed letter from the computer in lieu of a handwritten letter. This is nearly 2016, and nobody will waste a moment on trying to interpret your chicken-scratch. Lastly, for printed letters, don't be stupid with font. If anyone uses comic sans, I will personally travel to your house and kick your genitals. Not a threat, but a commitment. | ||
| Court |
>>>use a printed letter from the computer in lieu of a handwritten letter. This is nearly 2016, and nobody will waste a moment on trying to interpret your chicken-scratch. Matter of opinion . . . here. I, as may of you know, prefer fountain pen and paper notes. It's all a matter of personal preference. I go with William Arthur and use a variety of pens and inks. But, the medium . . . I'd submit . . . is of less gravity than the message. In the instant case, a sincere, meaningful, short and concise message . . either by hand or from a printer . . . carries the most weight. Be polite, respectful and honest. Give your brief account of why you would like to see Erik Buell's entity, regardless of the new name, kept intact and the positive impact on Walworth County. I'm going to make reference to the Forbes article Erik wrote. It speaks volumes about his outlook on American manufacturing and America in general . . that'll play well in this case. Anyway . . . be mindful of the content. Keep it neat, short and sincere. Go get'em ! (Message edited by court on December 24, 2015) | ||
| Gregtonn |
If anyone here has experience in these matters an example to the correct letter form and address would be useful. Thank you, G | ||
| 1125rxb12r |
Just do it. Write a letter to the best of your ability, print it out if possible and get it there. Go to the point of why you think the company should be sold to Bruce, if that's what you think, and get it to the addresses above. I always heard that in the days of letter writing an original letter was 10 times more effective than a form. If it is readable, isn't a rant, and the sender doesn't murk up who they are I would think it would be as effective as it could be. | ||
| Hybridmomentspass |
Why the specificity to selling to Bruce? I can see why it shouldnt be sold to a liquidator, but to specify BB? Seem to be putting a lot of faith into a man we know almost nothing about and hasnt run a motorcycle company business before. | ||
| Court |
You specify a particular buyer .... Other than writing against the sale to a liquidator .....you're letter will go where it belongs, in the trash. | ||
| 1125rxb12r |
"...putting a lot of faith into a man we know almost nothing about and hasn't run a motorcycle company business before"-hybridmomentspass Bruce is currently running a good sized business successfully, in this country. He wants to continue to produce our favorite motorcycle. He has the money to do it. One way to kill all options is to wait around for the perfect option and who knows, Bruce might be the perfect option. Bruce currently is THE option to keep the production going. ?-would showing up the 14th be helpful? I'm a few hours away and not ignorant of court decorum, unfortunately. | ||
| Hughlysses |
Merry Christmas everybody! OK, here's my attempt at summarizing the points that have been made in this thread regarding writing the court: 1- Use your printer or write neatly. 2- Make your letter short and to the point- the main point is that we'd like to see motorcycle production continue rather than the company's assets be liquidated. 3- Send a copy of letter to the judge AND the receiver and note this on the letter. 4- If you're from Wisconsin and particularly Walworth County, mention that in the letter. Receiver: Michael S. Polsky Address: Beck, Chaet, Bamberger & Polsky, S.C. Two Plaza East, Suite 1085 330 East Kilbourn Avenue Milwaukee, WI 53202 Judge: Hon. Phillip A. Koss Address: Walworth County Clerk of Courts P.O. Box 1001 Elkhorn, WI 53121 Include the following info in your letters: CASE# 15CV00247 - Branch I - CIVIL Judge: Hon. Phillip A. Koss (Message edited by Hughlysses on December 25, 2015) | ||
| Court |
Excellent summary . . . . | ||
| M1combat |
Should they be sent to the lawyers of the liquidator as well or will Polsky or Koss distribute them? | ||
| Hughlysses |
^ I don't think that would help. They obviously want the sale to Liquid Assets to be approved and wouldn't care about our arguments to the contrary. The Receiver and the Judge are supposed to be impartial and might be influenced by our input. | ||
| Court |
In a bankruptcy proceeding "impartiality" is a bit eroded in favor of the "collective bests interests of the creditors". More discretion is, perhaps, before the Court than in some cases where the rule of law is well settled. In our case, it's plausible that the best interests of the creditors.... The delta between what they'd receive in a straight liquidation and the potential from the future value of an ongoing concern, may merit diminishing the bid of a straight out liquidator. | ||
| Dave |
Hybridmomentspass, this isn't the 1st time you posted content that was questioning Bruce Belfer's involvement with EBR. (Ref 12/4 & 12/5) Rather than periodic lobs of BB nay-saying, perhaps you have something to introduce that warrants doubt and mistrust of BB? with respect, DAve | ||
| Ljm |
I figure that it is to all our advantage to try to persuade the judge to decide against liquidation. After that, it is up to those with the business possibilities to take their best shot and the best and most persistent candidate will win. | ||
| Dave |
Agree, I'm for anyone that can keep EBR together a successful motorcycle company. With that said, I'm biased to cheering for BB if he can get things lined up. DAve | ||
| Court |
I'd suggest we not open a discussion with respect to individual bidders. Nothing good can result. | ||
| Hybridmomentspass |
daVE: I have nothing against the man, but as stated, we know SO little about him but people have so much confidence and faith in the man. If he wins then I hope him the best, but I really dont care if he wins or not, as long as SOMEONE wins that wants to keep the company going. | ||
| Court |
Which ..... I'd be willing to bet ..... Is the same position of the remaining Elves. While the 30+ bidders we've been assured are interested .... No one seems to put their money where their mouth is. It appears, in the last round, that Liquidation Partners was the ONLY bid. This seems odd and is eclipsed, in terms of legal chicanery, only by the reasons we've seen floated die others not bidding. My bet is .... At this point .....the Court (that is being paid zilch) will exhibit a rapidly diminishing appetite for the silliness that APPEARS (for a public, transparent process .... This one has been marked with innuendo, rumor and hearsay) to have occurred. I've reservations about the ability of a successor entity to survive, not for commercial reasons, so much as just the brand damage done by this lingering so long. Here's hoping. | ||
| Dave |
Hybridmomentsass, we're hoping for the same goal in having a future for EBR & Buell developed motorcycles. Thank you for your respectful reply and rationale. daVE :-) |
