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But the Ninth US Circuit Court of Appeals reversed that decision Thursday (September 17).
The appeals court did not rule that Baldwin or Bridge Capital owes Laos the money. Instead, it said the lower court must hear Laos’ argument that they should be responsible for awards made against the companies they allegedly controlled.
That sends the sprawling Savan Vegas dispute back to court once again, 14 years after it began.
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“A proceeding aimed at impairing a single creditor is not the collective administration Chapter 15 contemplates, and the mismatch is not a technicality. It is part of the Debtors’ bad faith effort to forum shop for the most advantageous tool to use against their litigation adversary,” Skillz attorneys alleged.
The Debtors here deployed an insolvency statute against the one creditor whose judgment they wished to defer and compromise, left every ordinary-course creditor untouched, preserved their own equity, and sought releases for the insiders who directed the conduct that produced the judgment—then asked this Court to treat that machinery as proof that their affairs are centered in Israel,” the petition continued.
“The Court should refuse the relief requested by … because it is manifestly contrary to the public policy of the United States based on the Debtors’ well-documented and pervasive bad faith conduct,” the petition said. “The Debtors are using the Israeli Action—a limited action which lacks many of the core characteristics of a collective insolvency proceeding—as a strategic tool to evade responsibility for their deceptive conduct.”
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“Wherever there is investment from the operator or the platform in properly investing in the infrastructure needed to maximise the output of the product, we have seen great returns, ROI, on that investment,” Wilson says.
In other words, there is no magic “engagement” button. There are tools, expertise and an operator willing to put both to work.
For existing Splash Tech partners, “different” is not supposed to mean disruption. Maintaining the company’s products, expertise and relationships was a central consideration during the transaction.