Friday was too darned bad. Grenley was a yawning guy looking for Friday at
5 and Tim Dack was thoroughly unprepared to make the basic argument that
the LLC subscription does not make sense if the whole contract is vacated
because they are selling all assets and shutting down the business. That
said, there are 275 other people who are experiencing more than just a
"speed bump". There is a 14 day period Dack asked for that allows
investors to be notified there is a sale about to happen. And then,
'comfort care" (I kid you not) is given to Hamstreet so that they don't
even have to really come in to get Judge Bergerson to sign off on it. The
comfort is in the care of Hamstreet. They can basically offer new filings
to the Judge without disturbing the comfort of themselves. In fact,
Hamstreet man actually handed the first ruling (they had anticipated the
outcome) to the Judge and they signed it prior and so they don't even have
to return to the court to sign off on that day's ruling. The judge was
thrilled as he could just dash off his signature and BOOM that was that.
"Comfort care!"
But seriously, we are exploring other avenues. This is not the space to
discuss all. Do not despair yet. We take our next move after Trey
Tennyson tells us what that will be. My husband has taken a thumb drive
with all our names and addresses correctly digitized. Communication with
all 274 (I think that is the number) of the AEM investors will occur for
the first time after the original mailing by Hamstreet. I am not sure
about Rob and Eva Johnson's initial mailing. Was that to all? Only 28
were in Tigard with Roy Thompson. Many are out of state, I am aware.
Trey is interviewing a lawyer Monday. We await Trey Tennyson's thinking.
Additionally, we are carving out a list of folks that know more than others
as they seem more involved and we are sure that they are not the folks that
are feeding info to adversaries. This is adversarial, Ross. You have to
understand. Many people were harmed.
Chris Bugas
On Sun, Aug 4, 2019 at 4:25 PM Ed Wilson <ej.wilson62@xxxxxxxxx> wrote:
So where does everybody stand on moving forward with a law suit. Trey do
you believe we can still recover more with a law suit or have we hit a
roadblock?
Sent from my iPhone
Thanks,
Ed Wilson
On Aug 3, 2019, at 11:48 AM, treytennyson3 <treytennyson3@xxxxxxxxx>
wrote:
That makes no sense as our LLC operating agreement dictates the
protections we are entitled to as investors. It seems that our attorneys
were simply underprepared. That is not excusable.
Trey
Sent from my Galaxy Tab A
-------- Original message --------
From: Paty <pat.witt@xxxxxxxxx>
Date: 8/3/19 11:40 AM (GMT-07:00)
To: aem-vanc@xxxxxxxxxxxxx
Subject: [aem-vanc] Re: Address for Court proceeding 9 am tomorrow, 8/2/19
?
After Hamstreet attorney read the Subscription Agreement and that it
states the manager can do anything he wants it was basically over....done.
Sent from my iPhone
On Aug 3, 2019, at 11:26 AM, Robert Paladeni <rpaladeni@xxxxxxxxx> wrote:
Chris I want to thank you for keeping everyone informed as to what
happened in court. I for one would be happy if the 40 million in the hole
included the bogus loans, and over valuations of property but I don't have
the warm fuzzies that it does. Definitely a sorry state of affairs for all
investors.
On Sat, Aug 3, 2019 at 7:50 AM Denise <dmhood@xxxxxxxxxxx> wrote:
Thank you for the detailed report Christine.
God help us all....
Denise Hood
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: Christine Bugas <chrisbugas@xxxxxxxxx>
Date: 8/3/19 6:28 AM (GMT-08:00)
To: aem-vanc@xxxxxxxxxxxxx
Subject: [aem-vanc] Re: Address for Court proceeding 9 am tomorrow,
8/2/19 ?
Dear aem-vanc@xxxxxxxxxxxxx
Jim and I went to the court proceedings in which the objection to the
receivership was addressed. Hamstreet's rep spoke for 90 percent of the
time. Weak arguments against the use of receivership were offered.
Grenley said he didn't think that the receiver should be able to sell
houses but offered little to back up that assertion. Tim Dack said that he
thought that the use of receivership was out of the course of ordinary
business. But when asked what the alternative would be he had no idea. He
did feel as if there should be a vote by investors to which the judge said
that would be like herding cats. On the contrary, Hamstreeet's rep was
making the argument that the receivership is not bankruptcy and used arcane
law and convoluted embedded references to receivership in other case law
that pointed to how right it was for a receiver to take over. There was
little push back -- none really. The judge did not want to deal with going
up against the previous judge who said the receivership was OK. As for
the receivership charging 140,000 for the month of May: they stated that
the had charged 200,000 for 3 months, which sounds like it was weighted
toward the first month but that was as they were setting things up. The
judge said "we can't let the perfect be the enemy of the good" and "silk
purse of a sow's ear" and a few other overused cute little things. I
believe he was just dying to get out of there. And I had thought that it
was to be just this case and would be time to discuss but Hamstreet had
every other case go first -- at least 8 -- and by the time that the thing
started, the judge was ready to be done with all the day as it was
Friday.
Tim Dack was ill prepared to argue against the receiver. He should
perhaps have said that the receivership was like a bankruptcy which is
prohibited without investor approval. Or, he could have said that, as Trey
has pointed out, this is simply eliminating the relationship each of us has
to the LLCas the LLC's will cease after their assets are entirely sold off
and so this is not the ordinary course of business. Hamstreet guy said in
some convoluted and tortured reasoning that this IS the ordinary course of
business. But to make that argument he had to go to other case law that an
ordinary person would not be able to access without being a receivership
lawyer who argues about receiverships for a living.
My take for the good of the group. Looks like we are in receivership and
that the dissolutionof the AE includes the dissolution of the LLC's in this
manner
Of note, Hamstreet guy said that American Equities may actually, and they
believe is actually, 40 mil in the hole. My question would be how is it
that they are still getting 80,000 per month in contracts that are paying
out if the holdings are so worthless? I believe they plan to live on the
money as long as is accepted by whoever is looking over their work -- no
one at this point -- and when they have fed at the trough for some amount
of time: they will simply leave.
I don't know if there is a way to read the transcript of the hearing and
require a redo on the arguments. Jim points out that investors could not
have come up with those cases to buff the Hamstreet position that
receivership is allowed. It's as Trey initially said: this is not the
ordinary course of business.
chris
On Fri, Aug 2, 2019 at 8:05 AM Neil & Marilyn <nmr1311b@xxxxxxxxx> wrote:
Note.............There is a parking garage just ot the north of the
court house. Also going in the back entrance of court house, you will have
an easier time going through security as they are much less busy.
On Fri, Aug 2, 2019 at 7:40 AM Robert Johnson <rdj11256@xxxxxxxxx>
wrote:
Thank you.
Sent from Rob's iPad Pro
On Aug 1, 2019, at 10:11 PM, Ila Stanek <timeout29@xxxxxxxxxxx>wrote:
wrote:
1200 Franklin Street, Vancouver
Sent from Ila's iPhone with a mind of its own.
On Aug 1, 2019, at 10:00 PM, Robert Johnson <rdj11256@xxxxxxxxx>
proceedings? Please publish to this list.
Does anyone have the address and the courtroom for tomorrow’s
Sent from Rob's iPad Pro
