Sex.com Sale Hits Roadblock Over Lender’s Claims
Nuthin’ But Net objected to the motion for order authorizing the debtor to sell assets free and clear of liens, claim and encumbrances; approving asset purchase agreement with Clover Holdings; authorizing payment of sale commissions from sale proceeds; and granting related relief.
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.
The filing also said that Nothin’ But Net is owed more than $2 million.
“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.