Warranties from Businesses that went under...

[miguelon.lizarraga]

How are these taken care of? How can they be honored. Are they defaulted void if they go out of business? Does it become a civil matter?

Any feedback would be much appreciated!

 

[Mosh]

A little more info might be in order. For the most part I would say if it was a corp or llc that went under you are S.O.L., and we all know what that means.....

 

[Arlo Kalon 2.0]

All I can relate this to is American IronHorse motorcycles where I used to be a pinstriper at the factory. When they went bankrupt suddenly, people with brand new $30,000.00 motorcycles had no warranty available anymore at dealerships where they bought the bikes. None, nada, zilch.

 

[Gino]

It's hard to get blood from a stone.

 

[John L]

All I can relate this to is American IronHorse motorcycles where I used to be a pinstriper at the factory. When they went bankrupt suddenly, people with brand new $30,000.00 motorcycles had no warranty available anymore at dealerships where they bought the bikes. None, nada, zilch.

At the shop next door a guy owns an AI Outlaw, a softail, Black base and orange pinlines (maybe your lines?). He told me it is a 2009 bike, and I assume that means it was made in '08... but didnt they go out of business earlier than that?

 

[imagep]

How are these taken care of? How can they be honored. Are they defaulted void if they go out of business? Does it become a civil matter?

Any feedback would be much appreciated!

I think it would become a civil matter, but if the biz has disapeard, who ya gunna sue?

 

[Arlo Kalon 2.0]

At the shop next door a guy owns an AI Outlaw, a softail, Black base and orange pinlines (maybe your lines?). He told me it is a 2009 bike, and I assume that means it was made in '08... but didnt they go out of business earlier than that?

They went bankrupt before that, but then one of their largest dealers bought the assets of the company and reopend the factory briefly. Textron, who was left holding the bag with the original financing, kept about 200 cycles out of the sale to the dealer. When they began dumping the completed bikes into the market at pennies on the dollar the new owner of IronHorse couldn't sell his new bikes and the second bankruptcy took place. textron screwed him royally and virtually assured his quick demise and loss of over 3 million of his own money.

 

[miguelon.lizarraga]

I think it would become a civil matter, but if the biz has disapeard, who ya gunna sue?

Well, the business went under. The person now has another business, same location, just doesnt operate the other business. Guessing civil since you can still find the guy

 

[Gino]

It will depend on many things.

• How was the business registered by the state ??
• Did you make any attempts before they went out of business to right this wrong ??
• Did they simply go out of business or go bankrupt ??
• Have you sent any registered letters ??
  • Do you own a gun ??

Actually, knowing more of what transpired before, during and afterward..... would help such an open ended question.

 

[jiarby]

that's why they invented bankruptcy... to shed debt, pension obligations, warranty liability, old inventory, etc...

Just start a new LLC. Have the new LLC buy the assets of the old business and off you go free and clear.

You should file a new corp every couple of years just so you have an "aged" corp identity ready to go if you need it.

 

[miguelon.lizarraga]

No gun. They just ceased to do business because they changed professions. No bankruptcy to my knowledge.

 

[Gino]

No gun. They just ceased to do business because they changed professions. No bankruptcy to my knowledge.

Then go get a baseball bat and pay him a visit with some friends.

..................like with Antonio Banderas in Desperado..................​

 

[Dice]

I would say they would have to honor the warranty since they didn't go bankrupt. I believe in Bankruptcy court the judge can decide if the company has to honor Warranties or not.

I believe it would also depend on what kind of business it is. Sole, Partnership, LLC, S Corp Etc. I've heard of some Shady people setting up companies pissing off a ton of people. Shutting down then starting the same sort of company under a different name. They do this over and over again.

But really if the guy decided he's not honoring anything, you would probably have to take him to court.