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2861  Economy / Service Announcements / Re: bitfloor needs your help! on: September 05, 2012, 01:10:12 AM

Maybe it's not necessary to convince everybody. Let it go to court. Let the settlements be decided. Then give each plaintiff the choice of whether to be paid out in USD or in Bitfloor stock. Ownership in the company would then be divided proportionately among all those who opted for stock. The dollars remaining in Bitfloor's coffers would be distributed proportionately to all those who opted for money. It would be up to the court to decide whether to distribute all of the USD to those requesting the monetary compensation option or to hold back an amount in proportion to the balances of those who opted for stock compensation and then issue a one-time dividend of that remaining amount to the new shareholders.


A court will order compensation in USD.  They're not going to fuck around consulting creditors about what they want - if credtors could agree with Bitfloor on that, then the matter wouldn't be before a court in the first place.

Also, before initiating convoluted court cases, it's wise to remember that the legal fees of an insolvent estate come out of that estate and further reduce the amount available for distribution to creditors.
2862  Economy / Service Announcements / Re: bitfloor needs your help! on: September 05, 2012, 12:56:15 AM
Roman wants to work to make it 100% right in the long-term, but the court wants the short-term compromise at the expense of making the long-term restitution impossible.

What court?  He hasn't even got legal advice yet and is - wisely - suspending the service until he has done so.

There is absolutely nothing to prevent someone who goes through formal insolvency proceedings from paying back every one of their creditors in full even decades later - that's a personal choice, not a legal requirement.

People willing to wait can also not file a claim against the insolvent estate - that would mean those who want quick and certain payment would be paid  out to the extent allowed by the assets while others could seek a different form of, longer term, repayment.

2863  Economy / Service Announcements / Re: bitfloor needs your help! on: September 05, 2012, 12:04:55 AM

Agreed - I'm not saying it's a good idea (frankly I don't have enough facts to have an opinion about that) but mentioning it as a possibility. To me, this seems like it's headed for bankruptcy, unless all of the creditors are so small that individually it's just not worth filing suit. My hunch is that there are going to be a couple of people with balances in the tens of thousands of dollars (or equivalent in BTC) who will go ahead and file (similar to Cartmell v. Bitcoinica) because they'd rather spend a few thousand more getting something filed and use that as leverage to settle and/or to use the civil discovery process to figure out what's going on . . . and from the company's point of view, it probably makes more sense to spend their cash on bankruptcy attorneys rather than fight lawsuits, only to end up in bankruptcy after losing the lawsuits. The bankruptcy action will create an automatic stay on other matters, so regular civil suits will be frozen while the bankruptcy is resolved.

Historically what has happened is that the larger creditors and/or other service operators have sought to buy out the venture in trouble - Cartmell et all offered to do this with Bitcoinica.  World Bitcoin Exchange and Bitcoinica did not accept the offers which would have paid out all customers and left the operators with no remaining liability but it doesn't mean that Roman won't consider and accept any such offers.
2864  Economy / Service Announcements / Re: bitfloor needs your help! on: September 04, 2012, 11:43:06 PM
I'd just like to point out the importance of Bitfloor consulting an insolvency specialist and not a general lawyer.  You need someone who'll advise you on all of the legal options available and their pros and cons.
2865  Economy / Service Announcements / Re: bitfloor needs your help! on: September 04, 2012, 11:30:13 PM
I suspect that if BitFloor's legal counsel advised them against further communications via this forum, that they would not let their creditors know via this site or forum.  As a matter of fact, I suspect that we won't see much further communication from BitFloor via this forum at this time unless they find a way to come back online and cover all losses.
So is it now on me to remember to check Bitfloor.com or this thread a month, two months, three months from now to see if there's been unveiled a way for me to reclaim the part of my property that wasn't stolen?

If they have your contact details, then they would be obligated to inform you of what's going on using the contact methods they have for you.  One of the biggest dangers of using services which do not require real life contact details - or choosing not to provide them - is that you may miss out on important information.

Quote
It's also possible for a creditor to file a petition in bankruptcy court to force an uncooperative/insolvent debtor into bankruptcy.

While this is true, there is usually a requirement that you make a demand for payment of the debt and that it go unpaid for a period of time following that demand.  While a debtor is actively seeking solutions such as borrowing, selling personal assets, or selling equity in the enterprise, it's not necessarily smart to immediately petition for involuntary bankruptcy.
2866  Economy / Service Announcements / Re: bitfloor needs your help! on: September 04, 2012, 11:05:54 PM

Tthose with BTCs can get an injunction to freeze the USD funds but apparently nobody cares


Bitcoinica losses would have been substantially reduced had users sought injunctive relief.

2867  Economy / Service Announcements / Re: bitfloor needs your help! on: September 04, 2012, 10:41:11 PM


Au contraire, US law is perfectly clear on the matter:

Quote
No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_tSates_Constitution



US insolvency requirements are "due process of law".  It's up to those who don't believe that US insolvency law should be applied in this case to petition the court with on point arguments and case law supporting that assertion - the cost of defending against any such actions will come out of the bankrupt estate.  Unless USD holders can establish that they're secured or preferential creditors as defined by US insolvency law, there are no legal grounds on which they can be paid in full in preference to other unsecured creditors without the agreement of those other creditors.


Please show me where BitFloor has filed for bankruptcy, and then you might have a point.  Otherwise your post is non sequitur.

The laws apply from the moment the insolvency occurs (or can be anticipated) whether or not bankruptcy has been filed - that's why payments made prior to the filing of bankruptcy can be clawed back and why making preferential payments within a class of creditors is an offence in and of itself.

The possibility of trading out in some way exists here and Bitfloor is legally obliged to consider all options which would maximise the return to its creditors (including selling the business in part or in whole), but it cannot legally give preference to any unsecured creditors while it's insolvent (which it is at this point in time).
2868  Economy / Service Announcements / Re: bitfloor needs your help! on: September 04, 2012, 10:27:37 PM


Au contraire, US law is perfectly clear on the matter:

Quote
No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution



US insolvency requirements are "due process of law".  It's up to those who don't believe that US insolvency law should be applied in this case to petition the court with on point arguments and case law supporting that assertion - the cost of defending against any such actions will come out of the bankrupt estate.  Unless USD holders can establish that they're secured or preferential creditors as defined by US insolvency law, there are no legal grounds on which they can be paid in full in preference to other unsecured creditors without the agreement of those other creditors.

2869  Other / Meta / Re: [POLL] should the "securities," "lending," etc. sub-fora be moved to a new site? on: September 04, 2012, 11:08:56 AM
Splitting bitcointalk up would be a mistake, and it will not solve the problem of scams. The scams found in the lending and securities sub-fora are just a small subset of the scams present on bitcointalk - there are also scams in mining, newbies, trading, and all of the other marketplace sub-fora. I don't know what the answer is to preventing bitcoin scams but it is not this.

Gavin wants to sever the entire marketplace.

To be honest, I'm not sure that's a bad idea.  The Bitcoin world has grown large enough that it could probably sustain a stand-alone market-place messageboard, I think it would be a healthy thing if people relied less on this forum as a primary means of promoting their businesses.

Scams have come to dominate the conversation here because they've taken place here.  Had they not been launched and promoted here, there'd still be discussion of them but not thread after thread of "where's my money" across multiple forums.  The number and scope of scams is only going to increase so we need to think about ways to ensure that they don't continue to be the dominant topic of discussion here.
2870  Economy / Service Discussion / Re: Its Official Pirate Has Defaulted!! on: September 04, 2012, 08:08:57 AM
Obviously not all of these companies can fit into Suite 500, 815 Brazos St.  There's likely an accountant or lawyer there acting as registered agent and the companies are using their office as a registered business address (this is common the world over and implies no connection between the companies themselves).

http://www.corporationwiki.com/Texas/Austin/815-Brazos-St-Ste-500-Austin-TX-78701-a17332777.aspx

The Lending Partners isn't some small time operation recently thrown together.

http://www.allmortgagedetail.com/mortgages/lenders/the-lending-partners-ltd-plano-tx.asp?yr=2010


I freaked out for a sec, till I saw the different Suite #'s

Here's the ones at Suite 500

http://www.corporationwiki.com/Texas/Austin/capital-funding-group-inc/34942639.aspx
http://www.corporationwiki.com/Texas/Austin/diversified-ny-corporate-services-int-l-inc/35008157.aspx
http://www.corporationwiki.com/Texas/Austin/texas-america-developments-llc/37430053.aspx   (at 500A)
http://www.corporationwiki.com/Texas/Austin/hz-blanco-walker-llc/37704589.aspx

There's a hell of a lot more than that.  Google the address and there are a shit-ton of companies.  As mentioned upthread, Incorp Services operates from that address and they only charge $99 to act as registered agents for businesses.
2871  Economy / Service Discussion / Re: Its Official Pirate Has Defaulted!! on: September 04, 2012, 07:17:51 AM


aye, his partner Zak Nakaska worked for them, and it is likely trendon did as well. they write a LOT of mortgages in the area there, that company that is. trendon and zak were fiarly standard employees and not wirting loans..

We know Zack's role at TLP.

Quote
Lead Programmer
The Lending Partners
August 2007 – September 2008 (1 year 2 months)

• Developed automated alerting system for proprietary loan software to improve QA.
• Created time clock software and web backend to track employee working hours.
• Integrated time clock system with RFID card reader to automate time tracking.
• Designed and developed paid time off system to manage vacation requests, track vacation hour usage and accrual, and integrate with time clock system.
• Created system to take an MLS# and generate a complete open house flyer with images, specs, and loan financing information.

Rylan Shavers listed The Lending Partners on his old MySpace, so I think he probably worked for them.  I haven't come across anything which confirms that Trendon did, though (Rylan and Zack are linked on social media, so I think both Shavers brothers know Zack IRL).
2872  Economy / Service Discussion / Re: Its Official Pirate Has Defaulted!! on: September 04, 2012, 06:46:42 AM
Obviously not all of these companies can fit into Suite 500, 815 Brazos St.  There's likely an accountant or lawyer there acting as registered agent and the companies are using their office as a registered business address (this is common the world over and implies no connection between the companies themselves).

http://www.corporationwiki.com/Texas/Austin/815-Brazos-St-Ste-500-Austin-TX-78701-a17332777.aspx

The Lending Partners isn't some small time operation recently thrown together.

http://www.allmortgagedetail.com/mortgages/lenders/the-lending-partners-ltd-plano-tx.asp?yr=2010

2873  Economy / Speculation / Re: Bitcoin Project will be making a major announcement in September on: September 04, 2012, 06:30:02 AM
Why the delay in making the announcement if whatever it's about is already certain (and if it's not certain, the why hype it up with a pre-announcement)?
2874  Other / Meta / Re: [POLL] should the "securities," "lending," etc. sub-fora be moved to a new site? on: September 04, 2012, 05:04:58 AM
I don't think it should be done purely for the sake of preventing the possibility of this domain being seized.  

I understand the desire of the mods to avoid having to make judgements about the various high risk investment opportunities being made here, but I think that sometimes works against the interests of the community.  

People can continue to post here as VIP members and promote other schemes even when one of their ventures owes large amounts of money to its users.  While I'm not sure that the "scammer" tag is appropriate for those people, the absence of any kind of "flag" can be seen as tacit endorsement given that people have been given the scammer tag for a whole lot less.  The scammer tag is of little use if it's not applied to people who are still actively peddling their wares here despite major, unresolved financial problems from other ventures.  

Moving some of the forums promoting high risk ventures to another domain might be one option for dealing with the perception that this community both allows and supports the promotion of scams.  I don't totally buy the argument that various scams damage the perception of Bitcoin per se, but I do think that scams which are born in this community and promoted in this community damage the credibility of these forums, and that we'll start seeing more legitimate operators abandoning this community to avoid having their own services associated with what currently looks like a scam incubator.

2875  Economy / Service Discussion / Re: Its Official Pirate Has Defaulted!! on: September 04, 2012, 03:55:14 AM

Pirate may not be so anonymous now, but his name wasn't discovered until recently. For most of the fund's existence, it wasn't known (to my knowledge).

People were identifying him as Trendon Shavers and posting about his connections to other businesses and his arrest warrant at least as far back as May.
2876  Other / Beginners & Help / Re: Intersango missing UK bank transfer on: September 04, 2012, 03:19:00 AM
Hi Everybody

I made a payment into my Intersango account last Thursday but this has not shown up yet.

I've been trying repeatedly to submit a support ticket but this is not working. it keeps giving me error messages e.g malformed account number.

Thus I sent an email to support@intersango.com over the weekend. And another just now. Alas no response as yet.

I've now read the "UK Banking Announcement

UPDATE 2012-08-30 Unfortuantely due to a technical error with Metro's online banking system we are now locked out of the account"

So this doesn't sound good.

Do Intersango have a phone number?  I can't seem to find one on their web site.

Best Regards

Bear




Their Metro bank account was being terminated at the end of August anyway.  Sounds like this happened a day early for some reason but people definitely shouldn't have been depositing into it once it was announced that the account would be closing.

Normally when banks close accounts which have balances, the total balance gets sent to the account-holder soon after the closure.  Sometimes they fuck up and do accept deposits for a short time after the closure of the account but if those deposits have been made electronically they're often reversed in time.

If Intersango's locked out of online banking, they need to organise getting a statement for their account ASAP so they can see the most recent transactions. 
2877  Other / Off-topic / Re: Hope is overrated. on: September 04, 2012, 02:32:57 AM
Won't that stop you from achieving certain goals you have in your life? I mean, if you say "I hope one day I will be the greatest xy" then you will do everything do achieve this. If you say "I don't care how this ends up" and you don't care you won't achieve anything because there are other people who DO care and who are working to achieve a "certain end". And they probably will. Or at least more likely than you.

Hope without action is useless and meaningless.  It's best left for situations where you truly have no agency and recognise that there is nothing you can do to affect an outcome or where you wish to acknowledge that you don't intend taking action.

Desire can be both a source of motivation and a source of frustration and misery - thus the Buddhist belief that attachment to desire is the source of all suffering.

Action is what tends to create results.  You're more likely to achieve desired outcomes while thinking negatively but taking action than you are by thinking positively but doing nothing.



2878  Economy / Speculation / Re: Bitcoin Project will be making a major announcement in September on: September 04, 2012, 01:48:25 AM
I don't understand what the wait is for. Is there some special event for it or something? Doesn't make much sense to me personally.

Hopefully they're not going to planning to announce it at the London Conference.  The devs specifically chose to disconnect the forums from the Bitcoin Project in an attempt to keep the Project itself neutral and professional.  They can't maintain any appearance of neutrality if they make major announcements at an event being organised by shonky operators whose behaviour calls Bitcoin into disrepute.
2879  Bitcoin / Meetups / Re: Bitcoin Conference 2012- London 15-16 Sept | ANNOUNCEMENT tickets available on: September 04, 2012, 01:36:34 AM
Did anyone notice that intersango, the second most successful criminally incompetent boobs in the history of bitcoin is still printed on the face of the tickets as a sponsoring supporter?

The fact that Patrick Strateman is still a guest speaker at the conference speaks volumes about the extent to which it's a personal, pet project. 

They should invite Trendon Shavers to give a presentation, just for good measure.

It's disingenuous to promote the event to potential sponsors using the "700 people" line, too.  There's little reason to believe that another 500 people are going to buy tickets in the next 11 days.
2880  Other / Meta / Re: Long-term Offers Ponzi warning on: September 03, 2012, 10:40:51 PM
Securities, for one.

Maybe create a "Bonds" subcategory to Securities and apply the warning only there?

I'd prefer to see it applied to Securities as a whole.  If we're going to add another sub-category, I'd prefer it to be HYIPs and for the Lending and Securities forums to be heavily moderated for a while so that people don't just promote their HYIPs in forums where there's no warning and don't have an incentive to mis-label their schemes.   
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