- 62 - respect to the $271,836 transferred in an effort to consummate his lawyer’s proposal are significant. In transferring the $271,836 to ANB No. 2, petitioner was attempting to secure release from any personal liability to Northwest for the more than $8 million he had acknowledged his corporations owed the airline company. Under the Guaranty, petitioner (without benefit of counsel) had guaranteed all past and future monetary obligations of his corporations that arose out of ticket sales. In the Interim Agreement, entered into with the benefit of counsel, petitioner (i) confined his personal guaranty to debts arising from the receipt and sale of tickets received from Northwest in 1988 (but not before); and (ii) acknowledged on behalf of his corporations that with respect to pre-1988 ticket sales, his corporations had retained sales proceeds due and owing to Northwest in an amount exceeding $8 million. Had petitioner been successful in securing his release from all personal liability under the foregoing agreements, the result would have been to saddle his corporations with the sole liability for debts exceeding $8 million. The consideration petitioner proposed to use to secure his release consisted of $271,836 from a personal account into which corporate funds had been diverted. Obviously, this attempt would have “primarily benefitted” petitioner, see Loftin & Woodard, Inc. v. UnitedPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
Last modified: May 25, 2011