Quote:
Originally Posted by smashed you bro
2+2 Lawyers: What is the recourse if Lindgren did inform FT (Howard, et al) of this and they said something to the lines of "Don't worry, we'll just scrape some off of the top of your payouts until the debt is repaid?"
That would be a modification of the loan and probably admissible parol evidence. Instead of a misappropriation of funds, it would just add to the existing loan. FT couldn't be so dumb as to make the loan only payable through payouts...could they?
Quote:
Originally Posted by smashed you bro
Don't most businesses with what is considered "bad debt" ie; large debt that someone owes without any sort of repayment plan (in conjunction with a state of financial position) write this off and deduct it as a liability in the sale of the company?
Some will write it off and some won't. That's up to the company as is how they account for bad debts---estimated, or simply journaling receivables and then writing them off when they deem they are not collectible.
Even if written off there is no implied waiver of the right to pursue the bad debt. Of course, if the debt is subsequently paid (whether a portion or in full) the books need to be adjusted.