-11- 4. Petitioner was the engineer who ran Elite. He believed that he could make a profit selling specialty paint. Mr. Hargis and his various enterprises were "siphoning off" a great deal of Elite's profit. By 1990, petitioner "wanted out". Mr. Hargis was financially unstable and was pressured by the financial backer to personally repay Elite's line of credit. The new financial backer agreed to provide financing for the corporation only if Mr. Hargis was no longer involved in the operation. The agreements through which petitioner acquired the remaining Elite stock was a way for petitioner to "get rid" of Mr. Hargis by transferring real and personal property Elite owned with a value of approximately $150,000. Mr. Hargis received the property in return for his remaining interest in a corporation that was not going to survive without new working capital (which was unavailable while he was an owner). As a result of the presence of the new financial backer, Mr. Hargis was relieved of his personal guarantee of Elite's loans. 5. In exchange for taking over Elite's debt, the new financial backer received a steady source of a product he needed from a more stable company run and owned by a person he admired and trusted. The new financial backer believed that petitioner would be required to guarantee the new financial backer's loans to Elite but due to a mistake, petitioner was not asked for his guarantee until after the new financial backer came into the picture. Petitioner then refused to become a guarantor.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011