Tommy: Your position doesn't make sense to me based on a legal or
business concerns. I have been on the government side of real estate
law for about 10 years (with NYS, NYC and Roosevelt Island). Every
sizeable development I have worked on resulted in mutiple litigations.
None of those litigations stopped the developments and all reached
substantial completion within 3 or 4 years. What you have here is
development that is lagging behind that time standard without any
litigation. So your concerns should probably be reversed as it appears
litigation moves developments forward. In any event you know (as does
any 1st year law student) that courts are reluctant to stop anything
for more than a very short time. So my personal opinion is that you
don't really believe a word you say yourself. Devil's advocacy is good
only when it has a legitimate purpose. Why are you doing this?
-----Original Message-----
From: bluebishop82 <[EMAIL PROTECTED]>
To: AsburyPark@yahoogroups.com
Sent: Sat, 21 May 2005 01:35:36 -0000
Subject: [AsburyPark] Re: Bankruptcy Clause in Agreement
Nice backtrack. Now you're just projecting your lack of
understanding on to me. My original post made no mention of the
bankruptcy clause. It was your original post that tried to make it
seem the redevelopment rights would stay clear of the bankruptcy
court (that was the point of your post), which you clearly concede
now that it won't.
As for your assertion that the lawyers you work with
aren't "practicing in AP" (as if that is beneath them), well, that's
just you pointing out again your disdain for people from Asbury Park
and this area in general, which is how we met in the first place,
isn't it?
As for you calling me an "ambulance chaser," when my adversary has
nothing left to retort with but name calling, that's when I know
I've won the arguement.
By the way, if you read that old triCity article, you will find I
never called into question your abilities in your field. I wouldn't
do that. I made the point that I thought you would have a conflict
on one matter: valuing the triangle property, due to your comments
about (and obvious feeling toward) the parties. Having a conflict
on a case is not a knock against your abilities. I've been
conflicted out of a number of cases for a variety of reasons.
Oh, before I forget. There was a mistake of law in your question to
Jim Aaron - Bankruptcy Court is a court of equity, not law.
Look, you aren't outmatched in this conversation because law is my
field. You're just outmatched by a guy from AP.
--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
> --- In AsburyPark@yahoogroups.com, "bluebishop82"
<[EMAIL PROTECTED]>
> wrote:
> > I never said it was "no good." I've read your bragging about
the
> > lawyers you deal with being the best there is. Go ask one of
them
> > what proceedings you could expect from creditors if this
provision
> > is triggered.
>
>
> Tom, there is always litigation, that's why there are lawyers.
You're
> good at sound bites but short on proof as always. I hope you go
into
> court with more than that. Say what you will but your original
post
> made it seem as if the clause was not worth the paper it was
written
> on. I am sure you are aware that any creditors would see the
agreement
> and see that the city has a reverter clause. Also, creditors have
the
> right to remedy any defaults but all have to be approved by the
city.
> I will defer to you on bankruptcy law. Be sure that the attorneys
I
> work with do not chase ambulances or practice in AP or Toms River.
In
> the end you are right that there will be litigation, but
litigation is
> not necessrily bad. Sometimes it is the only choice when one party
to
> a contract will not perform. Your rationale says that one should
not
> ask that party to perform as agreed to in the contract lest they
> litigate. That is my very early point about having a gun when they
> other guy knows you'll never pull the trigger. Do you know where
that
> gun will land up? You'll need a proctologist to remove it.
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