- 14 - continuing through February 1992. The note remained subject to full repayment of principal and interest upon demand notwithstanding the oral agreement to amortize principal over 5 years. Estes Co. made monthly payments of interest in accordance with the terms of the note through January 1989. On March 8 and August 28, 1988, Estes Co. made payments of $250,000 each toward principal, thereby reducing the principal balance to $1,750,000. Problems in the real estate economy in Arizona during the late 1980's resulted in declining real estate values in that State. Mr. Estes advised the Shedds during December 1988 that Estes Co. was facing financial difficulties. Estes Co. defaulted on the loan when it failed to make the monthly interest payment due February 25, 1989. At the time of the default, the outstanding principal balance represented 58 percent of the plan's assets. Following the default, Mr. Shedd concluded that collection of the outstanding principal balance was in jeopardy and that the note was worthless. Consequently, for plan year ended September 19, 1989, the plan wrote off on its books as a worthless debt the principal balance remaining on the loan. During July 1990, partly on the basis of Mr. Shedd's efforts, Estes Co. identified a pool of assets from which payments could be made to a limited group of creditors, including the plan. Therefore, various entities in which Mr. Estes was involved (the Estes companies), including Estes Co. and EstesPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011