Tuesday, August 16, 2011

Pondless Waterfall - The History


In the early 1990s, a rubber sheet material, manufactured by Firestone and Goodyear, became a popular construction material used in building ponds and waterfalls. One innovative entrepreneur in Chicago began pre-cutting various configurations of rubber and packaging it with a skimmer, filter, sump pump and tubing, creating a do-it-yourself kit.


4. Cost less to build;The receiver takes possession (but not title) of the assets and the affairs of a business in receivership. He collects rents and other income on behalf of the firm.And so, chapter 11 allows the debtor and creditors to be in direct touch, to negotiate payment schedules, the restructuring of old debts, even the granting of new loans by the same disaffected creditors to the same irresponsible debtor.
  • To make sure that new claims received by the creditors (instead of the old, discredited, ones) equal, at least, to what they would have received in liquidation. The liner revolution is fading fast, the truth of their limitations are coming to light and their track record is badly tarnished. Leaky liner customers are fighting back with litigation nationwide and are winning because they were not told the whole truth in the beginning.2. permanent;Fybroc brand non-metallic fiberglass reinforced plastic centrifugal pumps were selected for this mining water application based on their ability to safely and efficiently handle corrosive liquids in difficult service applications.The American Law leans in favour of maintaining the company as a going concern. A whole is larger than the sum of its parts - and a living business is worth more than the sum of its assets, sold separately.The USA had many versions of its bankruptcy laws. There was the 1938 Bankruptcy Act, which was followed by amended versions in 1978, 1984 and, lately, in 1994.7. Virtually maintenance-free;So, British Law is much more in favour of the creditors. It recognizes the supremacy of their claims over the property claims of the owners. Honouring obligations - in the eyes of the British legislator and their courts - is the cornerstone of efficient, thriving markets. The courts are entrusted with the protection of this moral pillar of the economy.65% of "do-it-yourselfers" say they wished they were informed of the pros and cons of liners from the beginning or that they had hired a professional.In searching for the facts about concrete ponds and waterfalls from reading the literature of the greed-driven liner pond industry, it cannot be found. You ask why? Because if the facts were known, who in their right mind would invest in a pond liner unless they were going to use it for a limited period of time.It was not long before the word got out on how profitable pond construction was and even professionals were becoming "pond experts". Why not, if in one day you can dig a hole, pile dirt at one end, cover it with a rubber sheet, cover the sheet with rocks, fill it with water, drop in a sump pump, hook up a tube, and presto change-o, $6000 profit in 6 to 8 hours?
  • The Consolidation Bank (founded by the State) can buy a firm’s obligations if it went bankrupt at 60% of par. Until such time as these questions are answered and as long as the microeconomic debt crisis deepens -we will witness a flowering of versions of bankruptcy laws all over the world.Once the assets of the company are sold, the first to be fully paid off will be the secured creditors. Only then will the priority creditors be paid (wholly or partially).The company can, thus, go into "straight bankruptcy". The secured creditors will receive the value of the property which was used to secure their debt (the "collateral", or the "mortgage, lien"). Sometimes, they will receive the property itself - if it not easy to liquidate (=sell) it.But this is not the only way that a company can be rendered insolvent. It could also run liabilities which will outweigh its assets. This is bankruptcy insolvency. True, there is a debate raging as to what is the best method to appraise the assets and the liabilities. Should these appraisals be based on market prices - or on book value?The track record for pond liners speaks for itself:Owners of subordinated debentures will, probably, become stockholders and stockholders in the insolvent firm will receive no new claims.Chapter 7 (1978 Act) - liquidationDuring construction of the concrete pondless waterfall, many design liberties can be taken, such as altering the length, width or shape of the water feature as the project progresses. Unlike a liner pondless waterfall, the parameters have already been established by the manufacturer of the pond kit.
  • A Debt to Equity Swap (an alternative to bankruptcy) supervised by the Ministry of Privatization.Reinforced concrete pondless waterfalls have a lifetime warranty. Liner pondless waterfalls have only a one year warranty on labor, and a 20-30 year warranty against factory defects. But it has no warranty against damage caused by, mice, rats, gophers, tree roots, ground squirrels, sharp objects, etc.The proceeds of the sale of the assets is divided (as "bankruptcy dividend") among the creditors. It makes sense to choose this route only if the (money) value generated by liquidation exceeds the (money) the company as a going concern, as a living, functioning, entity.If the negotiations with the creditors of the company (as to how to settle the dispute arising from the company’s default) fails, the company itself can file (=ask the court) for bankruptcy in a "voluntary bankruptcy filing".
  • To eliminate burdensome debt obligations, which obstruct the proper functioning of the firm and hinder its chances to recover and ever repay its debts to its creditors.As time goes by, the creditors gear up and litigate in a court of law or in a court of arbitration. This is a technical or equity insolvency status.

    "A man with experience is not at the mercy of a man with an argument."




    Author: Douglas Hoover


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