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August 2005, Week 5

HP3000-L@RAVEN.UTC.EDU

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Subject:
From:
"James B. Byrne" <[log in to unmask]>
Reply To:
James B. Byrne
Date:
Wed, 31 Aug 2005 07:55:44 -0400
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On Tuesday, August 30, 2005 5:52 PM Michael Baier wrote:

> Did I miss the statements from Denys about Interex and the
> bankruptcy or = is he just quiet?

My understanding of bankruptcy law and tort in general is that
directors and officers of firms in bankruptcy are ill-advised to
speak publicly or privately on matters before the courts. This
would include revelations about the substance of discussions or
confidential information leading to the decision by the Board of
Directors to enter the petition.

Insider information regarding this affair will perforce have to
wait until the courts have dissolved the corporation and settled
the distribution of assets. To speak publicly would put Denys in a
very tender liability position should any party to the action
choose to claim that those revelations materially injured the value
of the assets or prejudiced the settlement of claims.

Sincerely,

--
     *** e-mail is not a secure channel ***
mailto:byrnejb.<token>@harte-lyne.ca
James B. Byrne                Harte & Lyne Limited
vox: +1 905 561 1241          9 Brockley Drive
fax: +1 905 561 0757          Hamilton, Ontario
<token> = hal                 Canada L8E 3C3

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