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00:00:00 - [DAVID_MCHUGH] How are you? 00:00:01 - [SCOTT_WARNER] Doing okay. Still trying to navigate everything, but is is today 00:00:05 - [DAVID_MCHUGH] about Did Beth get back to you? I can't 00:00:08 - [SCOTT_WARNER] got back oh, wait. She it looks like she maybe responded again. Oh, nope. So I I sent one followup to her. 00:00:17 - [DAVID_MCHUGH] Yeah. I think you don't you basically just say a settled a settled, I guess, like, amount is sort of like the part of this is I know your concern is about the settlement agreement. I think that it's you can I think the response is that it's sort of more ambiguous in terms of it? We don't say there's an agreement. We just there's an agreement. We don't say there's a written agreement. To some extent, it's like a little bit silly because I was briefly talking to her about that. And sorry, and it's like, well, first of all, they're supposed to disclose all debts owed anyway. So that debt is memorialized in a in a in an agreement. You're not producing the agreement, and you're not even even referencing a date or anything reference to an actual written agreement. You're just saying that there's an agreed amount of debt, I think. Right? 00:01:06 - [SCOTT_WARNER] Yeah. 00:01:08 - [DAVID_MCHUGH] So I I you know, what would their argument be? Oh, you're not supposed to disclose that we actually owe you money? I mean, it's just sort of bizarre. Now the agreement, I think, itself said that you could do it under sort of I think it was a judicial order or something. I can't remember exactly what it said, but you'd have to give them as reasonable notice as possible. Well, you don't have much notice. You could send them a letter saying or, know, hey. We're disclosing this in connection with your bankruptcy. You know, disclosing the fact that you owe us money. 00:01:37 - [SCOTT_WARNER] Yeah. 00:01:38 - [DAVID_MCHUGH] But I think if I let me look at the let me look at the did she resend it, or did you? 00:01:47 - [SCOTT_WARNER] I re I just responded to hers at at 0143, and I just I sent her the amount email from Robert because they only sent, like, 300 k, but it's it's actually far, far more than that. 00:02:04 - [DAVID_MCHUGH] Even under the settlement? 00:02:06 - [SCOTT_WARNER] Yeah. So that's with the settlement. 00:02:10 - [DAVID_MCHUGH] Well, that's the amount of debt. Right? That's whatever we agreed to plus whatever they paid? 00:02:16 - [SCOTT_WARNER] Yes. Well, so they owed us 1.6 original. They paid us 600 k, and then they defaulted before they declared bankruptcy. And Robert notified them that that meant, the settlement agreement was so the re yeah. I'm not saying this very well. The, the full amount became due, and then there was interest on it at 1.5 per month effective the initial date. 00:02:46 - [DAVID_MCHUGH] So what is the exact number? 00:02:48 - [SCOTT_WARNER] So the final number is 1,200,000.0, basically. 00:02:52 - [DAVID_MCHUGH] Oh, still? Okay. Even after the settlement. Okay. 00:02:55 - [SCOTT_WARNER] Yeah. 00:02:56 - [DAVID_MCHUGH] Alright. And Beth hasn't gotten back to you on what should we do we change that? I don't even I'm looking at the form right now. 00:03:02 - [SCOTT_WARNER] Yeah. Her message just said, please put in your own calculation of the claim. So I think that's fine. I think I can put the new amount. I just was Yeah. 00:03:10 - [DAVID_MCHUGH] Put the new amount. Okay. Put the new amount in. 00:03:14 - [SCOTT_WARNER] Okay. So yeah. So I'm good on that then, I think. Okay. I do need I would like some guidance from you on a different topic, but did you have other things you wanted to talk about first? 00:03:28 - [DAVID_MCHUGH] Let me go look at my notes. 00:03:31 - [DAVID_MCHUGH] Let me close. I got too many things up. 00:03:39 - [DAVID_MCHUGH] I'm in our New York office today. Actually, right after our call, I'm heading to the airport. I 00:03:45 - [SCOTT_WARNER] won't keep you too long. So 00:03:49 - [DAVID_MCHUGH] but Online calls. There we go. Let me look at the 00:03:58 - [DAVID_MCHUGH] hey. So is Amity put in her request? Would he on that committee? 00:04:06 - [SCOTT_WARNER] I'm getting ready to submit it right now. So 00:04:09 - [DAVID_MCHUGH] k. So 00:04:14 - [SCOTT_WARNER] we got contacted by another an attorney group. They called Amity out of the blue or whatever, and they were trying to get us to put them on the committee for us or whatever. And I I was like, I don't sorry. I this probably sounds derogatory, but I was like, I don't need, like, that version of a ambulance chaser on our team. So 00:04:34 - [DAVID_MCHUGH] By the way, we may we may ask to represent the committee. We may actually end up going there and doing that. 00:04:39 - [SCOTT_WARNER] Yeah. 00:04:40 - [DAVID_MCHUGH] That would be that would bolster your approach, but I I talked to Beth. She may put it put it and see what you know, see what the terms of that because that's not a conflict. In fact, it actually helps you guys. So, like, the same thing with Amity. So, you know, you basically stay on top of it. We might be able to get some money out of this. Think, know, apparently, they're kinda claiming they're in that zone of assets and liabilities. So there we may be able get some actual money off of this. 00:05:06 - [SCOTT_WARNER] That'd be nice, honestly. 00:05:08 - [DAVID_MCHUGH] I don't wanna overpromise because you never know. They they can't even get your amount of debt right. So they could be very wrong, they could have twice as much debt as they're claiming. 00:05:14 - [SCOTT_WARNER] Exactly. Exactly. 00:05:15 - [DAVID_MCHUGH] Yeah. Oh, one thing I need to do is make sure Rachel knows where things stand on that. I she might have been left out of the loop on that, but I'll let her know. She's she knew that I was trying to work with Beth to get Beth is technically on maternity leave. 00:06:01 - [SCOTT_WARNER] One of the things that group told Amity when they called her was, you know, don't put any counsel down. You can do that later. But should I asked Amity, should we put your name in there or leave 00:06:10 - [DAVID_MCHUGH] No. 00:06:10 - [DAVID_MCHUGH] I talked to 00:06:11 - [DAVID_MCHUGH] Beth about that, actually. Beth's like, we don't need to. You guys will get notices. And then I I said and she's like, you know what? She said, maybe we should even apply to represent the committee. 00:06:20 - [SCOTT_WARNER] Okay. 00:06:21 - [DAVID_MCHUGH] The unsecured, you know, and and so we may very well ask for that. But at this point, you don't need to. You can always supplement it, I think, later or in and but you guys will get notices that oh, we don't need to. 00:06:34 - [SCOTT_WARNER] Okay. That's kinda what I was told, but I I wanted to double check that. So 00:06:38 - [DAVID_MCHUGH] Yep. No. I appreciate you asking, actually. And I even asked, and and and Beth was like, We don't need to advertise that we're getting all that, and you'll get it from the client anyway. So I'm like, yeah. So the long, dry out process, you're gonna get lots of emails. Just 00:06:55 - [SCOTT_WARNER] Yeah. I figured as much. 00:06:59 - [DAVID_MCHUGH] Yeah. I've had other clients in similar situations where they're, you know, essentially, owing a bunch of money from a either whether it's a customer customer or a dealer, and then you're getting, like, all these freaking notices about, you know, official notices. Every filing that's made gets closed at all of it. You're like, oy. 00:07:20 - [SCOTT_WARNER] I asked Do I wanna create Are you sure you have time to do this? Because I said I don't think you can unring the bell if you put yourself on this committee. So 00:07:26 - [DAVID_MCHUGH] Yeah. I mean, I guess you get you'll you'll hopefully become proficient in segregating those emails and figuring out which ones are should be elevated. You know? 00:07:35 - [SCOTT_WARNER] Yeah. 00:07:41 - [DAVID_MCHUGH] Okay. Now I'm looking through I think do we still we owe you something on the structuring. I think I need I haven't followed up with August since last week, I think, when you sent that email. 00:07:49 - [SCOTT_WARNER] Yeah. I just sent her the there was a I I didn't look at it too deep, but there was a spreadsheet that I just asked her to, I guess, look at and see what what we thought was next. 00:08:01 - [DAVID_MCHUGH] Yeah. Alright. Let me do that. I'll I'll followup with her on where that stands regarding restructuring. Okay. I'm going back and forth between prior notes. Oh, did you ever hear back from the accounting CLA? 00:08:29 - [SCOTT_WARNER] Just just with that spreadsheet that I that's what I sent Olga was from them. So 00:08:34 - [DAVID_MCHUGH] That was from them. So they didn't what was so I'm sorry. Back up. Like, so did they did you say, hey. Did you guys ever do your FERPA analysis? And they said, here you go. 00:08:42 - [SCOTT_WARNER] Yeah. Here. I'll let me find it real quick. Sullivan. 00:08:47 - [DAVID_MCHUGH] I don't know if you had you said that the email to Olga or not. Like, I was just more curious about that whole dynamic with them about weren't they supposed to do it. 00:08:59 - [SCOTT_WARNER] I'm just gonna send you the whole I can't remember what I sent you, so I'm sending you the whole Alright. Take a peek at that when you get a chance. Alright. While you're waiting on that, one question. Okay. So describe the nature of your claim. Right? So is my claim okay. So the reason I'm asking is question number 00:10:05 - [DAVID_MCHUGH] Alright. Hold on. Let me go back and open that up. Hold on. 00:10:07 - [SCOTT_WARNER] I can share my screen if you want, whichever is better. 00:10:10 - [DAVID_MCHUGH] Okay. Go ahead. Share. 00:10:12 - [SCOTT_WARNER] K. One second. Share. View. Maybe. Okay. Can you see it 00:10:24 - [DAVID_MCHUGH] okay? Yep. 00:10:26 - [SCOTT_WARNER] Alright. So question number five, have you or your attorney entered into a settlement agreement with the debtor regarding resolution of your claim? And I said yes originally because we have Yeah. 00:10:35 - [DAVID_MCHUGH] I know that. It's an ambiguous question. It's a no. 00:10:38 - [SCOTT_WARNER] It's no? Okay. Because that's what I thought. Because I was like, actually, it's not on this claim. It's something else. 00:10:42 - [DAVID_MCHUGH] So I know. I can see why that's confusing. So it should be no. So you should change that. 00:10:47 - [SCOTT_WARNER] Alright. How do I do 00:10:49 - [DAVID_MCHUGH] They're basically the way they're trying to get at is, you know, that that it is being ambiguous. You could say, yeah. But we did that months ago before, you know, or so but, yeah, I guess that's a no. 00:11:06 - [SCOTT_WARNER] So do we have a claim? 00:11:08 - [DAVID_MCHUGH] Yeah. Hold on. Going back up to hold on. Go back up. I wanna look at your number six or I'm sorry. Number six number. 00:11:31 - [DAVID_MCHUGH] Yeah. Okay. 00:11:34 - [SCOTT_WARNER] So and then, I guess, well, I've got you. So describe the nature of my claim. I mean, Beth said it was okay. So I just said unsecured claim for goods sold delivered. 00:11:43 - [DAVID_MCHUGH] No collateral. No litigation. Correct. 00:11:45 - [SCOTT_WARNER] K. Then I think we're good. 00:11:48 - [DAVID_MCHUGH] Yeah. Yeah. And you don't need to put counsel. 00:11:55 - [SCOTT_WARNER] I didn't wanna I didn't wanna submit it, and then they say, well, you can't have counsel now because you didn't list it or something silly like that. So 00:12:01 - [DAVID_MCHUGH] No. They're just trying to get their ducks in a row. 00:12:07 - [SCOTT_WARNER] Understood. Sorry. Did you get that? Okay. I I sent you the Yeah. 00:12:13 - [DAVID_MCHUGH] Hold on. It might 00:12:14 - [DAVID_MCHUGH] have come on. Let me look. Hold on. Oh, yeah. I don't know why it's taking forever for emails to get through. I'm sure it's our security system. 00:12:45 - [SCOTT_WARNER] I mean, I've got you and you've got one. So mine has to go to Germany and then back down, so that's always fun. 00:14:22 - [DAVID_MCHUGH] I got it open. Hold on. 00:14:25 - [DAVID_MCHUGH] Alright. So this is I'll get his email to you. A limited high level review. Books and records at disposals directly use tax returns. Eyeball. Okay. 00:14:52 - [SCOTT_WARNER] So that's that's what we're dealing with. So, I mean, it's not a lot. 00:14:56 - [DAVID_MCHUGH] Did you send that context to Olga or no? 00:14:59 - [SCOTT_WARNER] I actually don't remember. That's what I couldn't remember. 00:15:01 - [DAVID_MCHUGH] Let me let me send it to Olga as way to ping her, and and I'll copy you. Yeah. Essentially, I'm just asking you'll see what I'm asking her. I mean, it's I I really wanna get down to, like, what would she need to do. I mean, this is helpful because he's basically just saying what he looked at to come up with what he what you gave her. 00:16:58 - [SCOTT_WARNER] Yeah. 00:17:34 - [DAVID_MCHUGH] I mean, she may say I would need to see the same things they saw. 00:17:38 - [SCOTT_WARNER] Yeah. And I thought that might be the case, but I wasn't sure. So 00:17:42 - [DAVID_MCHUGH] Yeah. Alright. I just sent it a copy to you. We'll see what she says. But understood. That's the problem with sort of half baked. You know what I mean? It's it's like a if I think about it in terms of, like, a of a tool, you'd say, well, we put this together. Here are the designs, but, you know, like, well, can you redesign it or make sure the design's right? You're like, well, I'd have to go back and Yeah. 00:18:03 - [SCOTT_WARNER] Yeah. It's like write the document versus, you know, just author a new one, which is easier sometimes. 00:18:17 - [DAVID_MCHUGH] And I know you guys are pissed about, like, well, we thought we paid CLA to do this. They kinda did it halfway. 00:18:30 - [SCOTT_WARNER] Yeah. It's not And ideal. 00:18:32 - [DAVID_MCHUGH] That if we were gonna ask them to do it the full way, maybe it would be cheaper than having AFS do it. But 00:18:43 - [SCOTT_WARNER] I I always say it's not cheaper if you have to do it twice. So 00:18:51 - [DAVID_MCHUGH] Right. The question is who are you 00:18:52 - [DAVID_MCHUGH] gonna ask to do it twice? 00:18:55 - [SCOTT_WARNER] It's frustrating to me, but and especially and I think you know this. Like, you and I had kind of been primed and ready to do this for so long that when, we you know, I found out she reached out to CLA, it was kinda like, I thought we were gonna do this, but you know? 00:19:21 - [DAVID_MCHUGH] Okay. What else is on your list I was looking for? 00:19:24 - [SCOTT_WARNER] Alright. Give me so I have a new topic that isn't necessarily yours, but I kinda need to know what I'm dealing with. And you so far, you're the only attorney I've met who will just give me a straight answer. So 00:19:38 - [DAVID_MCHUGH] Okay. What is that? By the way, before I forget, the Canadian invoices, I don't think I ever got those. 00:19:43 - [SCOTT_WARNER] Oh, you didn't? I thought I sent them. 00:19:46 - [DAVID_MCHUGH] I thought you did too, but I can't find them. Maybe you did. 00:19:48 - [SCOTT_WARNER] I'll send it. I I mean, I have them still, so I can resend them. 00:19:51 - [DAVID_MCHUGH] Hold on. I'm looking for look at every email from you. 00:19:59 - [SCOTT_WARNER] I think it would've just attachment. I think would've said twenty twenty five Fasken invoices or something like that. 00:20:05 - [DAVID_MCHUGH] Alright. Let me see if it said Fasken. 00:20:09 - [DAVID_MCHUGH] Nope. Nope. 00:20:14 - [DAVID_MCHUGH] Let me look up Canada. Nope. 00:20:24 - [DAVID_MCHUGH] If you did, I apologize. I just can't find it in the emails.
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