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In 2019, an individual team brought by David Kirshenbaum (“Kirshenbaum”) loaned the debtor $2.65 million. The supply during the LLC agreement overseeing member and executive purchases was then amended to need the unanimous permission from the lessons one members and Kirshenbaum.<\/p>\n
The debtor recorded for part 11 cover inside the Southern District of New York on recorded a proof of state in the case asserting a personal debt inside amount of around $6.4 million according to: (i) the initial $6 million loan plus extra improvements and accumulated interest; and (ii) 14 “other debts,” the exceptional key, and interest that amounted to around $81,000. Alternatively, these were evidenced by email communication among Hain, Schreiber, and Waterbridge.<\/p>\n
The debtor and some of their noteholders objected to PM’s declare, arguing that: (i) the claim lacked prima facie legitimacy since it wasn’t sustained by any created paperwork evidencing the debts; (ii) the purported $6 million financing was a student in truth assets and ought to be recharacterized as a result according to AutoStyle; (iii) the “other loans,” that have been disputed of the debtor, were unauthorized loans produced by Waterbridge, which would not lodge an evidence of claim; (iv) PM had not been a collector because all repayments about “other debts” happened to be made to Waterbridge; and (v) PM’s declare should-be disallowed under area 502(d) with the Bankruptcy signal because it got avoidable preferential exchanges.<\/p>\n