EAG, the good, the bad, and the ugly.

My bad, I thought the DL point was obvious, but I'll unpack it. What Chris was clearly suggesting was that Art was operating vehicles, including customer cars, on public roads illegally. What Art claims in response, is none of that is the case. There appears to be a little quirky loophole in Texas that enables one to drive, legally, without a physical drivers license on you. The point (I can't believe I'm explaining this) is that we are witnessing repeated, incomplete accusations, and time and again if you dig just a little bit, you find it's nonsense. I mean, did you hear the guy had a chauffeur? And a yacht?

As for due process, if you think it's okay to get in business, and then without as much as a conversation let alone a board vote or any kind of professionalism or communications just take the stuff from the partner who has been inventing all this stuff before our very eyes, for years, then we have very different views on what's okay in business. That's ok. Free country. You appear to be on board with what allegedly happened and how, I don't deny your right to have that opinion.

 

I know, right? Only caught half the Kid Rock segment yesterday, too. I gotta go to lunch. Thanks for the nudge.

 

curious, what exactly is this quirky loophole that allows you to drive legally in Texas without a drivers license?

and even if there is such a thing, unless your drivers license is revoked or privileges, why would you not just get a legal Texas drivers license?

 

There is no such loophole. Like so much else said here its a straight up lie. Texas requires a license in possession just like everywhere else.

I'd suggest this is one more litmus test for your BS meter. Some people lie so much it becomes second nature. You end up lying when the truth would serve you better.

 

Do you really believe this crap? I didn't think anyone was that naive.

 

In hopes of thawing the chilled bones some may be experiencing, let's remember that the term "due process" includes the word "due." The kind and amount of process that is a party's due varies from case to case. The right to "due process" that gets the most attention in American life would be the one included in the 5th Amendment to the US Constitution: "[No person] shall . . . be deprived of life, liberty, or property, without due process of law." Although its scope has expanded greatly over the years, the 5th Amendment did not and does not apply to private business transactions. Rather, the parties to a private transaction generally have free reign to formulate the terms of their relationship.

A contractual provision that a creditor has a right to seize and remove specific collateral upon the default of a debtor, at a time and place of the creditor's choosing, and without seeking leave of court, is a familiar part of many debtor-creditor relationships. Such transactions typically leave the witnesses' bones at body temperature.

Although it's probably less common, it's well within the realm of possibility and propriety that an outside investor, seeking to purchase an ownership interest in a high-risk business, could similarly include in the purchase agreement an extra-judicial right to seize and remove business assets, including without cause. The more desperate the business owner's need for the investor's cash, the more generous he or she is likely to be regarding the scope of that right. The greater the risk of loss of the funds invested, the broader the seizure rights the investor is likely to require. Although it appears that none of us has personal knowledge of the terms of the agreement between EAG and its outside investors, if that agreement does include an extra-judicial right to seize EAG's IP and equipment, then Art Bartosik is likely to have received all the process that is his due.

 

If police were called and showed up and accusations of theft were made, they took a report. The report may even refer to the incident as a possible civil case, but they would still document complainants claims.


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when did Hennessey not pay? he F’d over a lot viper people in the 90’s and 2000’s.
amazed he is still alive.

 

His excuse for why he has the license number instead of the actual license is so pathetic as well. "The DMV was long, I waited for hours". So he just left and never came back? Couldn't go before they open by 10 minutes and wait for them to open? You are an adult, Art, maybe you should figure out solutions to problems.

 

Bill, you are not wise enough and I strongly advise you to stop posting from here on. Art would likely appreciate that.

 

I tried...

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He's lucky he opened here in Texas and not where I grew up.

 

Art does not have a pilots certificate. Not sure how big of a "pilot nerd" he can be without one.

 

American business history is replete with bad actors who take advantage of other owners and gain control of companies under financial and operating agreements which favor such actions, whether taken properly for cause or by subterfuge. American law is replete with cases relating to claims of minority squeeze out, illegal taking of company control and other unfortunate situations that entrepreneurs sometimes discover too late. Who is to say that Black Orchid Enterprises, LLC d/b/a EAG is not one of those? Who is to say that Art is not a victim as he states. Everyone take a breath and let the facts fall where they may.

 

Why are you going so far to defend EAG now after being treated so terribly?

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And it could still take months to appear on any publicly accessed database, if at all.



D

 

We know nothing of prior conversations, or notices served, or any other background information.

We know nothing of the agreements between the parties. We don't know if there's a secured interest, we don't know if there are confessions of judgment in the documents, we don't know what the default terms are, we know precisely ZERO about the details. It's possible that the equipment was owned by the investors, not the company. It's possible that Art's 75% ownership was subordinate to a 25% preferred stock interest owned by the investors. WE JUST DON'T KNOW. So we really can't make a judgment as to what may or may not have been fair, or involved, as you call it, due process.

All of the content of this thread is speculation. Some of the speculation appears to be from 1st hand experience, some is not. But if you think watching ANY of the youtube videos from any of the parties involved is the unvarnished truth, well, I have some great beach property in North Dakota to sell you.

D

 

Imagine a social media universe where all uninformed conjecture, hearsay, emotional outbursts, and opinion masquerading as fact were suddenly deleted. There wouldn't be much left, would there?

Come to think of it, you could apply the same thought experiment to mass media in general.

 

Lots of commas, dots and exclamation marks, but not many words.

 

Art's videos are starting to be removed from social media. I wonder why that is.... I bet the rest are removed soon.

 

I feel a small groan whenever someone suggests that litigation will settle the facts and the rights in this matter. Even if this were true in theory, the time it will take to go from filing to discovery to motions to trial to judgment to appeals to execution of judgment will be measured in years, not weeks or months.

Even if we focus on the precipitous events of the past week, imagine that the investors have no contractual right to the unilateral removal of assets from the EAG shop, and were required instead to rely on an action for declaratory relief, dissolution of the Black Orchid LLC, and/or breach of contract. The first thing they would do is apply ex parte (i.e., without warning) for a temporary restraining order and order to show cause, seeking to freeze the status quo pending final judgment. Given Art Bartosik's history of, shall we say, lack of respect for the property rights of others, this order would need to be exhaustive and ironclad, including the possibility of a receiver to come in and take custody of all assets and receipts pending judgment. Whatever the scope of this order, it would almost certainly lock down all work in progress. EAG's crew would be laid off and its members would disperse into the local workforce, never to come together again as a team. A TRO/OSC process would also make it difficult if not impossible for the investors to attempt what they are apparently trying to do, to resume operations as a new entity, with minimal disruptions to EAG customers' interests.

The collapse of EAG would happen in the first week. The second through 102nd weeks would be spent slogging through the litigation process. Meanwhile, other F1 conversion shops, run by owners who know how to serve customers and make money, would leave EAG in the rearview mirror, an historical footnote. Even if Art came out on top in the end, and was somehow restored to his position as of early February 2024, it would be a pyrrhic -- and expensive -- victory.

 

All gone.

 

I'm not a customer nor a potential customer, though I have thought it might be fun to have a converted GranTurismo S since it's probably technically possible, so I have no dog in this hunt. But in my opinion anyone who even thinks about doing business with Art or anyone involved in EAG in any way shape or form, must be either really slow or really desperate. But what do I know?!?