According to XBizNewswire.com, the sale of Sex.com to Clover Holdings has hit a roadblock, as one of it’s creditors filed a motion in court today opposing part of the sale agreement.
The court hearing on the motion to sell the domain was to be held today.
However according to the XbizNewswire.com story, one of the lenders “Nuthin’ But Net” who says its owed $2 million dollars, has filed an objection to the motion.
“The motion said that Nothin’ But Net objects to the purported amounts claimed by the secured lenders and asserts the purported creditor iEntertainment’s claims should be disallowed because its note was wrongfully obtained.”
“Nothin’ But Net does not object to the sale per se,” the filing said.
“The insiders who control the debtor are also the secured lenders who will be paid from the sale proceeds. In effect, the controlling insiders will be paying themselves unlawfully, to the detriment of all the other creditors. Under the equities of this case, they should not be able to do so.”
“Nothin’ But Net has asked the court that all sale proceeds, after payment of the costs of the sale and any undisputed portion of the secured lender’s claims, be deposited into an an escrow account.”
“This case presents the highly unique circumstances under which the controlling insiders have announced that they intend to sell the assets, pay themselves all of the proceeds and dismiss the case before other creditors can be paid,” the filing said.
“This debtor intends to pay its controlling equity holders and leave all other creditors in the dust.”
Nothin’ But Net also said it objects to the amount claimed by the secured lenders, Washington Technology Associates and DOM Partners.”
“NBN’s objection, as a creditor and party in interest, precludes WTA, DOM and iEntertainment from simply agreeing amongst themselves as to the amount and allowability of their respected claims.”
“Nothin’ But Net asked the court to schedule a hearing to provide an opportunity for all parties to conduct discovery and fully brief the issues respecting the disputed portion of the secured lender’s claims.”