(Topic ID: 108377)

The Official Pinside Kevin Kulek Skit-B Predator Discussion


By Xerico

4 years ago



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Topic index (key posts)

86 key posts have been marked in this topic, showing the first 20

Post #12066 What is PACER and where are you getting the court documents? Posted by c508 (2 years ago)

Post #12502 Links to where Kevin gives "his side of the story". Posted by BillySastard (2 years ago)

Post #12515 Updated court filings. Potential cash coming into bankruptcy estate. Posted by Wolfmarsh (2 years ago)

Post #12528 Good summation of 2 year look back and possible fraudulent transfers. Posted by flynnibus (2 years ago)

Post #12580 More legal pleadings. Posted by Wolfmarsh (2 years ago)

Post #12593 Facts & allegations document for VirtuaPin Posted by c508 (2 years ago)

Post #12801 Photos of Experts of Dangerous Posted by fastpinball (2 years ago)

Post #12872 Enaud's account of contacting fox regarding skit-b Posted by Enaud (2 years ago)

Post #13034 Description of an adversary proceeding (or AP) Posted by jasonp (2 years ago)

Post #13477 Discharge of debt denied by order Posted by Compy (2 years ago)

Post #13483 Stipulations for waiving chapter 7 discharge Posted by Compy (2 years ago)

Post #13528 Audio recording from Jan 27 court hearing regarding bankruptcy filing Posted by Wolfmarsh (2 years ago)

Post #13729 Summary of legal bankruptcy terminology Posted by Razorbak86 (2 years ago)


Topic indices are generated from key posts and maintained by Pinside Editors. For more information, or to become an editor yourself read this post!

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#155 4 years ago
Quoted from MarcG:

I just got refunded 4500. Thanks pinsiders who helped me with this. Hope you all get your Predators soon.

So 2 weeks of following requested protocol with no response, and 3 hours after you post a complaint on Pinside, you get a full refund? You obviously did the right thing. Congratulations for not waiting longer.

Skit-B, this is a pathetic way of conducting business.

3 weeks later
#516 4 years ago
Quoted from RobT:

What makes you think that I didn't take that picture?

Ahhhh, self-timer and a tripod. Clever!

1 week later
12
#566 4 years ago
Quoted from playernumber4:

Well, he can work on building games or he can hang out on the computer all day answering stupid questions and apologizing while everything comes to a standstill.
Which option does everyone prefer?

Actually, Rob is correct. It IS a false choice, because it implies that only one can happen or the other, and that the two options are mutually exclusive.

Charlie Emery seems to find time to build and ship games, communicate with customers (current and potential future customers), travel to trade shows, post on Pinside, listen to feedback, respond thoughtfully, with both words and actions, spend time with his wife and kids, and host a pinball podcast in his spare time.

Charlie has more than proven that you can both build games and communicate with stakeholders at the same time. Amazingly, he seems to be physically healthy and in pretty good spirits, too.

#570 4 years ago
Quoted from rosh:

It seems Kevin has fallen out of balance and is clearly trying to find it again, and I'm sure he will. I'm sure one of the reasons he avoids pinside a lot of the time is that it certainly won't help him find or maintain balance.

I appreciate your thoughts about "balance", but in a business context, engaging with stakeholders (e.g., investors, actual customers, potential customers, vendors, and employees) helps ensure a better balance in life.

I've said this before, but it bears repeating...

The Law of Information Flow -- "Information, like electricity, WILL flow, and it will ALWAYS take the path of least resistance." If you don't communicate with stakeholders, the grapevine will thrive. If you communicate with stakeholders, you can keep the grapevine in check.

The grapevine is a weed. It will never die. The best you can hope for is to contain it through proactive weed control. The "grapevine" surrounding Skit-B and the company's product is thriving BECAUSE OF Kevin's choices regarding information flow (e.g., removing all traces of Predator licensing information from the website, not responding to customer request for refunds, not promptly following up on emails to the "Support" team). Those very choices are actually further complicating his life, from a business perspective and a personal perspective, so if he truly wants to achieve better balance in life, he needs to change how he interacts with stakeholders.

Charlie Emery is managing information flow proactively. He is very good at "proactive weed control". Charlie appears to have achieved a pretty healthy life balance.

Kevin is managing information flow reactively, and only when it becomes a crisis. He's ignoring the weeds, and they are aggressively overtaking the lawn. Kevin has more than once alluded to the impact of this situation on his personal health (e.g., "it's simply not healthy for me", "This is exactly why it is unhealthy for me to regularly check in here").

I don't think these two situations are purely coincidental.

3 weeks later
#600 4 years ago
Quoted from Mitch:

Ok the STFU might have been a little harsh but seriously people every time there is a update its always the same thing, a rehash of "what about the licensing " then quite for two weeks till the next update. Updates are a good thing. It's what all of us owners want so why the negativity every time? There is lots of talk about the license from skit b suppliers and a very good podcast awhile ago with Kevin explaining when and how he got the license. It's all lost somewhere in all the Predator threads. See you all in 2 weeks when the update comes and more people ask the same old boring "what about the license.

*sigh*

There's a very easy way to kill this issue, just by following Aurich's suggestion:

-----
"I'm ignorant of the legal situation Kevin is under, but I wish he could have just said this months ago:

“Hey guys, so we’re building this game, and it’s going great. To keep costs low we’re not allowed to specifically talk about the IP online. We don’t really know if that even means we can’t say the name of it in this message, but to prevent problems we’re going to play it safe. It’s the game you all know, nothing has changed, and the license is fine. But that’s why we pulled all the info, helps you get your game cheaper. Sorry for the confusion, carry on!”

https://pinside.com/pinball/forum/topic/a-few-words-from-skit-b-pinball/page/7#post-2112804
-----

In the meantime...

"Making pinball machines is HARD!!!" - Nate Shivers, Coast 2 Coast Pinball Podcast

#609 4 years ago
Quoted from RobT:

And if someone does, I will apologize profusely, and admit that I'm a big boob!

Hey, man, you should probably tilt that post. I'm just saying.

2 weeks later
11
#668 4 years ago

"Communicating about making pinball machines is hard." -- Kevin at Skit-B

15
#675 4 years ago
Quoted from Jedidentist:

I think this is why Kevin was reluctant to start regular updates. Now that he's doing what people asked of him, people are complaining that there's not enough info and that we're just seeing pics of parts coming in.

No, what most people are complaining about is that he's NOT doing what he promised... giving bi-weekly updates.

2 weeks later
#743 4 years ago
Quoted from Whysnow:

I know that I could personally assemble a full game in under a week, and if I had all the parts on hand (cab wired and done, pf on a rottessiere, wiring harnesses built, and parts ready to rock) with a small assembly line, then I could easily put together 2 in a week all on my own. Likely even more if I assembly lined my sub producitons.
Predator is a pretty simple game to build so the process (once figured out) should go pretty smooth.

Actual assembly time shouldn't take long, if all of the parts are on hand. Testing after assembly will take a little time, as well, but by then, they should be able to show photos of fully assembled games.

#782 4 years ago

"This commercial brought to you by FAST Pinball. We now return you to your regularly scheduled programming."

#837 4 years ago
Quoted from fosaisu:

Nice! So you can have your machine with slapped-together code now, or complete code but no machine to play it on, but not both ...

Or you could buy from Spooky. Problem solved.

#844 4 years ago
Quoted from Perspex:

Starts with E and has big boobies.

Makes sense. Charlie has always been a big fan of Elvira, and she is a prime candidate for another pin.

#873 4 years ago

TBL is not intended to be a limited production run.

#912 4 years ago
Quoted from Wolfmarsh:

It certainly feels like most of these smaller companies are guys who are super passionate about pinball, but have never dealt with million dollar budgets before and the expectations that come with that.

Occam's Razor suggests that the simplest explanation is usually the correct one... As it relates to Skit-B, any news worth communicating may not be good, and because they don't want to lie, but they also don't want to deal with the consequences of telling the truth, they simply say nothing. It's a very common psychological reaction, but not very wise from a business perspective.

#1011 4 years ago

image-659.jpg

#1018 4 years ago
Quoted from spfxted:

Who would you pick to make it?

Ben and Aurich to design it, and Charlie to build it.

#1024 4 years ago
Quoted from blondetall:

What are TILT warnings?
Sometimes a post may contain images or text not suited for all, while still falling within the Pinside rules. Let's call it "grey" content. Please tilt this using the tilt warning icon above your post. As others will do the same, this forms a user-moderated "shield" so we can all safely browse the site in public spaces, at work, or when our kids are around. TILTing your own image uploads (when needed) is mandatory. Failure to do so may earn you a Pinside rules violation warning, so please be responsible.
So TILTing is a form of censorship?
Gosh no! It's up to you how you set your TILT warning threshold. You can even disable it to see all content. TILT warnings are merely a way to protect sensitive eyes from forum content which some may regard as "dangerous" or "unsuitable".

Pinside Parliamentary Procedure... aka "Robin's Rules of Order"

#1027 4 years ago
Quoted from Razorbak86:

Ben and Aurich to design it, and Charlie to build it.

Quoted from Aurich:

I love Forbidden Planet. I'm sitting in front of the Mondo limited edition movie print even as a type this.
Robbie would make a sweet pin toy, you could have him from just the waist up, so you could make him big, and on a servo that rotates like the AMH ghost, but gear him up so his arms move as he turns. Comet Ice Blue LED in the head to light him up as he talks to you.
» YouTube video

Quoted from spfxted:

Big Forbidden Planet fan! Leslie and Anne were friends. I DO have a few Robby's...

And... I think we now have a sponsor!

#1114 4 years ago
Quoted from iceman44:

Well, I know its bad, not sure what's worse SkitB or Jpop.

Kevin's definitely farther along. He's had a flipping prototype for a while now -- dragged it to shows and let people play it -- and he has shown pictures of parts and cabinets in small batches of 10 already in house. He obviously doesn't have all the parts required to complete one production machine, or he would have built it and shipped it already, but JPop hasn't shown any of that so far.

#1380 4 years ago
Quoted from rai:

That's not fair. The hobby didn't do this to you it was one person. It'd be like saying you are done with the NFL because Ray Rice hit his GF.

Umm, only if he was Rice's girlfriend.

#1523 4 years ago
Quoted from Enaud:

What a freekin' train wreck! I guess Kevin's last two emails count as bi-weekly updates? I appreciate your inside comms with Kevin, Ted. I really do. But I focus my frustration at Kevin! If he has time to talk to you or anyone, he has time to talk to/email me. I don't know if Kevin is wasting time looking at this f$%#ed up thread, and I hope he's not. Better things to spend his time on. Like communicating (not here, but) directly with his customers! I'm paid in full since August, 2013. I expect some communication and I expect it now. I'm in for the long haul. I may lose the whole wad, but I am willing to take the risk. Sometimes investments payoff and sometimes they don't.
I'm very disappointed in all the shit slinging going on here from a bunch of 17 year old high school juveniles. (Let the thumb downs, commence. I'm on a venting roll.)
This entire communication should be via emails or direct phone calls from Kevin to his customers.
Transparent communication, Kevin. Communication...

It's pretty obvious that communication is not Kevin's forte, but he would be so much better off, from a business perspective and a personal health perspective, if he at least made an effort.

Quoted from Razorbak86:

The Law of Information Flow -- "Information, like electricity, WILL flow, and it will ALWAYS take the path of least resistance." If you don't communicate with stakeholders, the grapevine will thrive. If you communicate with stakeholders, you can keep the grapevine in check.
The grapevine is a weed. It will never die. The best you can hope for is to contain it through proactive weed control. The "grapevine" surrounding Skit-B and the company's product is thriving BECAUSE OF Kevin's choices regarding information flow (e.g., removing all traces of Predator licensing information from the website, not responding to customer request for refunds, not promptly following up on emails to the "Support" team). Those very choices are actually further complicating his life, from a business perspective and a personal perspective, so if he truly wants to achieve better balance in life, he needs to change how he interacts with stakeholders.
Charlie Emery is managing information flow proactively. He is very good at "proactive weed control". Charlie appears to have achieved a pretty healthy life balance.
Kevin is managing information flow reactively, and only when it becomes a crisis. He's ignoring the weeds, and they are aggressively overtaking the lawn. Kevin has more than once alluded to the impact of this situation on his personal health (e.g., "it's simply not healthy for me", "This is exactly why it is unhealthy for me to regularly check in here").
I don't think these two situations are purely coincidental.

Quoted from Razorbak86:

Occam's Razor suggests that the simplest explanation is usually the correct one... As it relates to Skit-B, any news worth communicating may not be good, and because they don't want to lie, but they also don't want to deal with the consequences of telling the truth, they simply say nothing. It's a very common psychological reaction, but not very wise from a business perspective.

So now you wait, and in two more weeks, you will (allegedly) have more information... the Pinball News story, and the Skit-B story.

It doesn't have to be this way, but apparently communicating about making pinball machines is hard.

11
#1612 4 years ago
Quoted from Whysnow:

license is fine with new negotiations happening

Why are new negotiations happening, if the license is fine?

#1620 4 years ago
Quoted from Aurich:

Possibly! I'm okay with that personally. But I could see someone still getting pre-orders if they can convince people they're responsible enough. And I think there are probably some interesting ways you could handle orders that might attract people still.
But you'd have to have a compelling pitch and a brand that was really solid. Spooky for instance has enough credibility IMHO to have pre-orders, they're shipping a game.
If WOOLY had been able to be done at $6500 I bet you'd be back in, and they'd have enough to have people on board. No license issues (obviously), good code, and Spooky as the company providing assurance.

I could see a pre-order model working in the future, if several conditions were met:

1) Experienced management, with a proven track record
2) Deposits held in escrow, and managed by a trustee
3) Open communication with the pinball community
4) External capital from a bank (debt) &/or investors (equity)

The presence of #'s 1-3 could greatly influence #4.

Under the above scenario, I could see a pre-order model working successfully going forward.

#1666 4 years ago
Quoted from spfxted:

What difference does it make if I am "in on the game" or not. I'm trying to help.

Ha! Everyone knows that the ONLY time being "in on the game" is important is if you're saying something NEGATIVE! You're actually trying to HELP, so that criteria is no longer relevant.

#1679 4 years ago
Quoted from spfxted:

Off Topic! We got some snow here....more tonight!

IMG_4150.JPG (Click image to enlarge)
IMG_4153.JPG (Click image to enlarge)

WhySnow, Why?

image.jpg
#1701 4 years ago
Quoted from Mr68:

Looks like the lesson of Dutch Pinball has already been forgotten.

Which one?

#1706 4 years ago
Quoted from Breaking_Dad:

Got yaa all beat on the snow tip...........Joey

Haha! Of course. That's a NORMAL winter's day in Buffalo!

#1722 4 years ago
Quoted from rai:

Some guy built a Ghostbusters pin in his basement, are you telling me he spent $1M to develope that LOL that's such a laugh.

The Ghostbusters pin was a re-theme of an existing pin. It is a hell of a pin, but was not a new design built from the ground up.

#1775 4 years ago
Quoted from lowepg:

My gut feel for the "2 weeks" reprieve is Kevin thinks that might be enough time to actually COMPLETE several games.... maybe not 10, but enough to fill the frame of a nice photo.... maybe like 6 games done and the other 4 in various states of assembly.
THIS will be enough of a breadcrumb to keep the faithful from jumping on the ledge....

Perhaps the "2 weeks" are intended to allow Kevin time to fly to Fox's office to negotiate (or renegotiate) the licensing agreement? Only the insiders know for sure, and they ain't talking.

#1857 4 years ago
Quoted from Pubaw:

It's BS. Yet another person to tease everyone and cerate drama. I am so tired of people saying they know more about this skit issue...they have facts...then they say they cannot share them or won't. When will this crap stop already? It is what creates all the drama and intensifies it further. If you friggin no something and do not intend to share it, then just SHUP UP! Do not say a word at all about it.
Jeesh this crap is getting old already!

The ONLY person that can control this is Kevin. Otherwise, in the absence of official information from Kevin, the grapevine will thrive.

Quoted from Razorbak86:

The Law of Information Flow -- "Information, like electricity, WILL flow, and it will ALWAYS take the path of least resistance." If you don't communicate with stakeholders, the grapevine will thrive. If you communicate with stakeholders, you can keep the grapevine in check.

#1865 4 years ago
Quoted from Pubaw:

That podcast dude says right at the 3 minute mark, "I have additional facts and information but I decided not to share it in this podcast".
WTF???????????

Nate doesn't have a fiduciary duty to you. He's just commenting from the sidelines, just with a microphone, so his voice is "louder".

Kevin holds your deposit money, so you are an unsecured creditor of Skit-B. Kevin has a fiduciary duty to you as a creditor.

#1869 4 years ago
Quoted from rosh:

It is possible Kevin took things down due to not being sure what he could do, and/or was trying to keep a low profile.

It's also possible that he got a cease & desist letter.

#1911 4 years ago
Quoted from sd_tom:

How can you go on and on lecturing everyone when you didn't even listen to more than 3 min. It shouldn't surprise me but it does.

LA LA LA LA LA.... CAN'T HEAR YOU!... LA LA LA LA LA!

image.jpg

#1936 4 years ago
Quoted from labnip:

movie reference or thread reference ?

Yes.

#2208 4 years ago
Quoted from blondetall:

*****
We break this important thread of chick pics to announce that those who are looking for actual Predator information can be assured that once any "official" word from Kevin is presented, it will be posted in the thread linked below. That thread is locked and only updated by moderators when we receive information directly from Skit-B. So if you are looking for no speculation, no rumors, no chick pics, and just the facts... please favorite that thread and check it for updates.
https://pinside.com/pinball/forum/topic/predator-updates
We now return you to your completely off the rails trainwreck of a thread. Because honestly, there's not much topic to get back on track with until we get word from Kevin.
*****

That "official" (locked) thread needs to be updated to include the last two updates from Kevin. Otherwise, THIS is the thread that contains the REAL information, even if it is just paraphrasing Kevin's "official" emails or the other unofficial (anonymous) emails at the heart of this recent uproar. The chick and boob pics are simply a coping mechanism as people wait for further information (whether "official" or unofficial).

#2212 4 years ago
Quoted from spfxted:

True!...until it comes from the "horses mouth."

The emails came from Kevin himself.

#2294 4 years ago

Your keychain for the project is in the mail.

#2426 4 years ago
Quoted from blondetall:

I think the only thing that we're missing is facts and actual responses from people who know what the hell is going on, really.
I believe this is speculation on the "what if they don't have the license" post by Ben Heck or someone in the last few pages. The current winner in the speculation/rumor/"bored and therefore dreaming up shit in the meantime to have something to do" race is that there is no license, followed closely by there being a problem with the license, that the time limit ran out for the license, supply issues, competitor bullying, competitor sabotage, anonymous group sabotage, Kevin leaving the country and buying an island, Kevin building a robot dinosaur (which I'm kind of hoping for so that I can steal it,) robot zombie Nazis in space, and that brunettes are somehow better than blondes.

Agreed! Enough with this speculation. Let's get back to the latest actual information from Kevin Kulek at Skit-B Pinball, who truly knows what the hell is going on...

-------------------------------------

February 28 2015

My dearest pinball fans,

While I am doing everything I can to keep moving forward at all times, no matter what the circumstances are, there have been many recent actions by certain parties that threaten the very existence of everything I've done to keep this project going for the past few years. While slow and steady wins many races, and I am a firm believer in actions speaking louder than words, this is simply not the time to stay quiet. There are some major issues that need to be spoken to immediately, and must be handled in exactly the right ways.

To the few of you who have asked for a refund, it is surely coming. While these things always take some time, they are taking longer than usual due to the above circumstances. In short, no matter what, nobody is going to get left out to dry on this one, I can promise you that.

To all of the supporters of what I have done and continue to do on a daily basis, I sincerely thank you for all of your support and faith in what you believe I am capable of achieving for you. I will continue to do everything I can to make sure that faith was not misplaced.

I will be sending out as much information as I can as we move through these challenges, so please keep an eye on your inboxes for any updates as they come in.

Thank you all for everything,
-Kevin

-------------------------------------

March 1st 2015

There has been some confusion over the reason for the message that was sent out last night, so please allow me the opportunity to clarify what seemed very cryptic that message.

I'm aware the message seemed cryptic and vague, but that was not the intent. The project is not "imploding" or dying. I've received a handful of messages from folks reading between the lines, but there simply are no lines to read between. In the past, radio silence in the face of a situation has caused unrest, so I decided to share the fact that there are parties that are trying to threaten the project and try to ease everyone's collective minds and remind you all that everything is moving along despite the situation.

To the heaps of supportive messages and kind responses I received last night, I sincerely thank you all. To everyone else, I hope this helps clear things up a bit. I'll be keeping you all posted on how everything is moving along!

Apologies for the confusion,
-Kevin

https://pinside.com/pinball/forum/topic/predator-updates/page/2#post-2314047

-------------------------------------

Oh, wait!

#2613 4 years ago
Quoted from jlm33:

Makes sense but I doubt it is possible. Most of these business agreements are confidential. Fox does not want to disclose the cost of a licence for example (especially if it was inexpensive!).

Frolic is right. Kevin needs to post documents if he expects people to buy this story. No more hiding behind vendors to propagate his BS. Specifics like names, addresses, contractual terms, and licensing fees can be easily redacted.

#2617 4 years ago
Quoted from NoahFentz:

Hi Guys!
I just wanted to drop in and say that I would not be building cabinets and printing and applying decals for a project that's not fully licensed!
Anyone that knows me knows I won't even consider touching unlicensed projects!
Speculation can now rest.
Pre-owners can certainly look forward to receiving their PREDATORS.
Thank you.

#2626 4 years ago
Quoted from RobT:

I would also respectfully ask to revoke my "boob" status that I posted here in response to a post by Marcus "explaining" the license issue based on posts from Aaron at FAST:

"Boob" status hereby revoked.

#2667 4 years ago
Quoted from fastpinball:

When the Predator problem began to put other projects at risk, I decided to address it head on. No holds barred. I told him no matter what the facts are, as your friend I will help you navigate this mess and we will work things out between us. That I understand panic and self-preservation. That I understand how difficult a situation he has gotten himself into. It was only then that the whole truth came out.

When exactly did you discover the "whole truth"?

#2738 4 years ago
Quoted from Skins:

How he handled what he had is the crux of it. If he really didn't have what he thought he had, as he has proffered, is something only kevin knows. That piece of information (which we most certianly will never find out) would determine if his actions were willfull or not.

Intent is not really that relevant from a legal standpoint. Whether actual or constructive, either is actionable. The latter is harder to prove, but not particularly difficult.

#2749 4 years ago
Quoted from vid1900:

Who knows where the licensing stands at this point (only Kev knows), so maybe we should start thinking about wrapping this up ourselves if a nuclear solution is required.
What if Kevin just shipped the populated playfields, cabinets, circuit boards "as is"; calling it his Jungle Killer game?

Are you referring to the cabinets in the photo below, posted on VirtuaPin's Facebook page about 4 months ago?

You remember VirtuaPin, right?

Quoted from NoahFentz:

Hi Guys!
I just wanted to drop in and say that I would not be building cabinets and printing and applying decals for a project that's not fully licensed!
Anyone that knows me knows I won't even consider touching unlicensed projects!
Speculation can now rest.
Pre-owners can certainly look forward to receiving their PREDATORS.
Thank you.

Quoted from NoahFentz:

Paul Maletich
President - VirtuaPin Cabinets, Inc.
http://virtuapin.net

The photo that Aaron at FAST Pinball was asked not to share?

Quoted from fastpinball:

VirtuaPin posted a photo on their Facebook page of Predator cabinets which I had been asked not to share before. Check it out! Behind them are the blue wrapped part palettes that arrived during my visit, as well.
Aaron
FAST Pinball

The cabinets with "PREDATOR" in bold red letters on the lower cab and the Predator silhouette on the side of the backbox?

THOSE cabinets?!?

Predator Cabinets.jpg

#2935 4 years ago
Quoted from gprotein:

Speaking of that where is Ted? He has Kevin's # right? Why is he as quiet as Kevin all the sudden?

He's sharpening his pitchfork, remember?

#2942 4 years ago
Quoted from Whysnow:

so everyone else is allowed to guess at random shit , but I am not?
Do you think he has somehow blown a bunch of cash?
If he has even spent 50k on parts that is a stretch in my mind.
He is reasonably active in the community in MI. Has anyone seen him driving a new car? Partying with hookers and blow? Anything to even hint that he has been using money for anything besides parts for the 10 games we have seen at this point?

Quoted from iceman44:

You are WAY overstating things again Hilton. 93%?
Not even close. You obviously don't have any facts

Quoted from frolic:

Probably a not-so-insignificant amount of money has been spent on title #2, that came from Predator money, but at this point you have to accept reality and take whatever is left.

Quoted from jayhawkai:

That's true. My blind cousin did the artwork for Experts of Disaster, so some of the money has already been spent.

Don't forget Aaron's work at FAST Pinball. I doubt his work on EOD was free.

#2949 4 years ago
Quoted from Skins:

He pm'd me when I asked the question why he down voted me but wasn't replying. He told me he wasn't coming back in this thread. ::shrug::

Ted's pitchfork was REALLY dull. It's gonna take at least "two more weeks" to sharpen.

#3017 4 years ago
Quoted from spfxted:

Thanks. I've gotten a lot of PM's and have been chatting there. A few of you have asked me to come back here.

Welcome back, Ted. You're a good egg. The next cigar is on me.

-1
#3072 4 years ago
Quoted from iceman44:

While I'm watching Texas lose to Butler

Condolences on the Butler loss. They're a good team, but Notre Dame is next. Let's see what they do against the Irish.

Hopefully, the beer was good, at least.

#3095 4 years ago
Quoted from Whysnow:

I think it would be a good idea to get a moderator involved as there are obviously some people that will ask beyond mean questions at this stage and it may be a good idea to have a mod enlisted to be ready if things spiral at any point.

No need for that, WhySnow. I have faith that you can control yourself during a Q&A session.

#3115 4 years ago
Quoted from Skins:

He has retreated to his cocoon and I guess hopes it will all go away if he ignores it. He's in a corner and he's hiding because no news, some news or any news is all bad news. He doesn't have anything good to say so he chooses to say nothing.

Quoted from Razorbak86:

Occam's Razor suggests that the simplest explanation is usually the correct one... As it relates to Skit-B, any news worth communicating may not be good, and because they don't want to lie, but they also don't want to deal with the consequences of telling the truth, they simply say nothing. It's a very common psychological reaction, but not very wise from a business perspective.

-2
#3165 4 years ago
Quoted from BoozeMarlin:

For Sale - Skit-B Predator Spot - Early Production Run

#3211 4 years ago
Quoted from metallik:

Really... you got banned for posting a WHOIS link?
Please, mods... understand what is public information. Kevin COULD have hidden that info easily using his registrar's anonymizing service, but he did not. ANYONE can look it up by visiting a registrar whois page and inputting skitbpinball.com (and solving a CAPTCHA)
This is not an attempt to criticize whomever banned him, rather an attempt to educate. Banning over completely public information is... odd.

Whether the information is public or not, it's still a violation of the Pinside Community Rules to post it on the forum...

https://pinside.com/pinball/help/pinsidecom-community-rules

#3215 4 years ago
Quoted from Russo121:

FYI: Just got this mail from Kevin...

"I am here, I am listening, and I am returning correspondence as quickly as I can."

#3219 4 years ago

Maybe it's because his business contact details are his personal residence?

#3577 4 years ago
Quoted from Skins:

I have no doubts you know licensing. Skitb not knowing what they have is inexcusable and is beyond an acceptable excuse. Spin it whichever way, it was Kevin's responsibility to know. Period. Kevin was fully aware he needed a license. How he handled what he had is the crux of it. If he really didn't have what he thought he had, as he has proffered, is something only kevin knows. That piece of information (which we most certianly will never find out) would determine if his actions were willfull or not.

Quoted from Razorbak86:

Intent is not really that relevant from a legal standpoint. Whether actual or constructive, either is actionable. The latter is harder to prove, but not particularly difficult.

Quoted from wheels:

Incorrect. Intent is absolutely relevant when analyzing an intentional tort.

Intent is only relevant for determining the TYPE of fraud that is actionable. (Intent IS NOT a prerequisite for proving constructive fraud. It is only a requirement for proving actual fraud.)

http://en.m.wikipedia.org/wiki/Constructive_fraud

A bankruptcy trustee or receiver will go after either type (i.e., actual fraud or constructive fraud) if it yields a net recovery for creditors.

#3677 4 years ago
Quoted from vid1900:

As any (good) layer will tell you, people ignore demand letters most of the time.

Quoted from YKpinballer:

Yeah but it sets a precedent on who has claims on his cash assets.

Unsecured claims are treated equally within their class. The date on a demand letter is irrelevant.

#3817 4 years ago
Quoted from playboywillis:

What happens if he files for bankruptcy?

The very first thing that would happen in a bankruptcy filing is the bankruptcy judge would issue an Automatic Stay order that would halt all collection activities and litigation dead in their tracks. That includes collection calls from vendors or government bodies, litigation (including Fox's threatened, imminent, or actual lawsuit), and all requests for refunds. If the case is filed under Chapter 7, the judge would then appoint a trustee to oversee the case and take control of all of the assets (including cash, machinery & equipment, accounts receivable, raw materials, work in process, finished good inventory). The trustee would then be responsible for maximizing the recovery for ALL creditors (i.e., preorder customers, vendors, credit card companies, IRS, State of Michigan, Dept of Labor) based upon the priority ranking of their respective classes.

#3842 4 years ago
Quoted from dmilo:

Don't forget the part where the trustee gets 10% of everything he distributes.

More like 5% for a case of this size, and that's actually a pretty good value, since the trustee is vested with broad powers under the Bankruptcy Code. For example, the trustee can, with court approval, prosecute fraudulent transfers to get money already disbursed to insiders or unrelated 3rd parties transferred back to the estate for further distribution to creditors.

#3867 4 years ago
Quoted from mcluvin:

So Martin's scoop trumps the truth getting out to the victims? Ridiculous and shameful......

You're absolutely right. The truth should be coming from Kevin. Ridiculous and shameful.

#3912 4 years ago
Quoted from Noahs_Arcade:

There was Predator art on the website. Plenty of it.
I think there are screen shots here

FWIW, apparently Skit-B has two public Facebook accounts:

1) The first account appears to be more current and is primarily focused on Game #2 (Experts of Dangerous)...

https://www.facebook.com/PinballBasement

2) The second account appears to be older and still has several photos with Predator content in the "Cover Photos" album...

https://www.facebook.com/skitb.pinball

12
#3943 4 years ago
Quoted from Aurich:

This is all I know about Martin's article:
"He has committed to start writing the final draft of the PBN editorial this weekend...

HA!!! An obvious LIE! NOBODY works on this project over the WEEKEND!!!

12
#4010 4 years ago
Quoted from YKpinballer:

It is interesting to see the people who attack those who are bringing the truth out into the open as "the bad guys." Strange psychological reaction.

The Five Stages of Grief:

1. Denial
2. Anger <---
3. Bargaining
4. Depression
5. Acceptance

-- Swiss Psychiatrist Elisabeth Kübler-Ross, 1969

http://en.wikipedia.org/wiki/K%C3%BCbler-Ross_model

#4051 4 years ago
Quoted from Skins:

Has anyone considered mr.x is Kevin's partner that left? What's his name?

I have no idea who Mr. X is, but Kevin's partner or colleague at Skit-B Pinball was Aaron Klumpp. I'm not sure what the actual business arrangement was between the two?

I did run across a lengthy video of both Kevin and Aaron holding a seminar at the NWPAS 2013. The video is dated Jun 12, 2013...

At that point, Aaron seemed fully engaged. When did he actually leave the project, and what was the stated reason?

#4185 4 years ago

Ted, is your pitchfork sharp enough yet?

2 weeks later
#7000 4 years ago
Quoted from playboywillis:

When someone writes 10,000 words, you find anomalies. Then you compare anomalies to posters from pinside. I'm fairly certain I know who at least wrote the majority, but there's not really a reason to share that as I'm not 100%. Just about 95%

Quoted from Wolfmarsh:

Like writing PinSide instead of Pinside? . That made it at least a little easier to narrow it down.

Quoted from Wolfmarsh:

There is absolutely no way I'm even giving my opinion on that.

OK, I figured it out.

https://pinside.com/pinball/forum/topic/new-predator-info-thread?tq=PinSide&tu=SkitBPinball
https://pinside.com/pinball/forum/topic/predator-pinball-mission-complete?tq=PinSide&tu=SkitBPinball
https://pinside.com/pinball/forum/topic/new-predator-info-thread?tq=PinSide&tu=SkitBPinball

#7383 4 years ago
Quoted from dgoett:

That would be a civil case and he can claim bankruptcy and keep all the money if my understanding is correct.

While civil complaints would likely lead him to file bankruptcy (probably Chapter 7), there is no way that he would be able to "keep all of the money" in bankruptcy, if any cash still remains. That's not the way the bankruptcy process works.

#7489 4 years ago
Quoted from Razorbak86:

FWIW, apparently Skit-B has two public Facebook accounts:
1) The first account appears to be more current and is primarily focused on Game #2 (Experts of Dangerous)...
https://www.facebook.com/PinballBasement
2) The second account appears to be older and still has several photos with Predator content in the "Cover Photos" album...
https://www.facebook.com/skitb.pinball

It looks like Skit-B's second (older) Facebook account -- the one with the Predator content still visible at the time -- has now been either scrubbed or made private.

https://www.facebook.com/skitb.pinball

#7537 4 years ago
Quoted from Kcpinballfan:

Lets say Kevin transferred funds to his wife to buy that house and the money trail leads back to preorder funds, would the wife now be in legal trouble? Just a hypothetical cause I seriously don't know the law.

Yes, a transfer like that would probably be construed as a fraudulent conveyance and would likely be recoverable in an insolvency proceeding (e.g., bankruptcy).

http://en.wikipedia.org/wiki/Fraudulent_conveyance

#7674 4 years ago
Quoted from RobT:

I'm sure Paypal has a ton of experience with this stuff, but shooting from the hip here, it seems that the logical thing for Paypal to do would be to take the initiative and file suit themselves.
They would file an Interpleader claim with the court. This is the process where you basically deposit funds with the court that you are holding for others, and there is a dispute as to whom is owed what from those funds.
Paypal would have to notify everyone who has a potential claim to those funds, which shouldn't be difficult since they know who made payments to Skit-B.
The court then decides who gets what out of the Paypal proceeds.

Too bad there is no specialty court system in the US that could handle complicated matters involving insufficient funds, co-mingling, financial disputes, fraudulent conveyances, prioritization of claims, sorting out who paid what, and distribution of proceeds.

#7681 4 years ago
Quoted from Sjsilver:

That was a civil case I had already won. I know this is criminal...

FWIW, fraud is both a civil wrong (tort) and a criminal offense, so both civil law and criminal law may be in play here.

#7723 4 years ago
Quoted from rommy:

If you are a victim please gather the following to report to,the detective in midland. Please don't wait. Please call,him right away.
1- all your details, DOB, address, how much you paid, when, how much, in a one page summary email. Include dates! Declare yourself a victim of KKK and here are my details.
2- evidence of any contact you had with KKK - notes from phone calls, recorded messages, and emails. Attach all this to your email.
3- another email attached labeled Web Links where you put links to incriminating videos, podcasts, and websites. There will be lots of duplication but don't worry about that just do it.
I have to make you find his phone number yourself. Detective Brett Benzing with the Midland County Sheriff. Only 5 people have reported today...WTF!?!
Don't lay down for this! Call the detective! Gather info and email the detective ! That information is bullets in his gun.
Right now, as we speak, KKK is relaxing. He DOES have counsel now. They are taking the position that NONE of this is criminal, it's all civil. His position is he never lied, never defrauded. Don't let him do this to us. Help prove to that detective what a rat bastard snitch Kevin Kulek is.

Rommy, you need to contact rlslick, who started the "Attention: Predator buyers list..." thread. He has been collecting contact details from the Pinside members there.

https://pinside.com/pinball/forum/topic/attention-predator-buyers-list

#7841 4 years ago
Quoted from Nibbles:

I keep thinking of this episode and the Kettlemans... "What money?"
Wut.jpg

"Your Honor, I was going to transfer the money back to the PayPal account in two weeks. Besides, we always go camping this time of year."

bcs_sea1_ep3.jpg

#7899 4 years ago
Quoted from Jetzxi:

and no, I am not related to Kevin. I sometimes wish I could code but I cannot and Rosh.....you know me I was helping Mike pick up that Dr Who from you last year.
I should also add that CAX was an awesome show, for those looking at my pictures on Facebook....those Sequoia tress and the Elephant Lions were the highlight of our trip.
Meeting and hanging out with Ryan Adams was pretty bad ass too!

Yeah, yeah, yeah... but are you a witch?!?

Seriously, though, congratulations on your AMH order.

1 week later
#8094 4 years ago
Quoted from playernumber4:

somebody is going to have to represent all the victims here and make sure they get represented equally.

What an innovative concept! Too bad there's not an existing mechanism in place in the U.S. court system to ensure that this would happen.

#8145 4 years ago
Quoted from TigerLaw:

Did I miss that Kevin's lawyer has been identified by name? Sam Lieman?

Sam "Small Print" Lyman is from the movie Slap Shot.

http://www.anyclip.com/movies/slap-shot/championship-game-introductions/

18
#8188 4 years ago
Quoted from jayhawkai:

Razorback - invented the class action lawsuit and bankruptcy court system

ROFL! Close, but not quite.

Unlike the other Pinsiders above, I am NOT an attorney. I have also never been involved in a class action lawsuit.

Nevertheless, I HAVE testified as an expert witness in bankruptcy court, billed thousands of hours in bankruptcy cases, and had millions of dollars of professional fees approved by bankruptcy judges.

I am a business turnaround consultant with 20 years of experience working with financially-distressed companies (i.e., 100+ clients in 30 different industries). My practice is built on referrals from secured lenders whose clients' businesses have defaulted on loans and are hemorrhaging cash.

And while I travel a LOT (e.g., 150,000 air miles in 2014), I will NEVER stay at a Holiday Inn Express!

#8192 4 years ago
Quoted from labnip:

did you get 1 of those special airline cards like in the movie

Not exactly. In the movie "Up in the Air" (2009), George Clooney was pushing 10 million lifetime miles with American Airlines, and when he crossed that threshold, he was supposedly the 7th person ever to reach that level in the fictionalized "history" of the program. I have close to 1 million lifetime miles with United Airlines and over 600,000 lifetime miles with British Airways. Currently, I have "Premier 1K" status with United and "Platinum Elite Lifetime" status with Marriott, so I do get additional perks and lots of free upgrades.

#8199 4 years ago
Quoted from movingpictures:

Apparently Kevin is being represented by this man:
wes.jpeg
I believe his name is Wesley Upchurch.

Noooo... Not THIS guy?!?

Isn't he a little preoccupied prepping for another trial right now?

Quoted from wesupchurch:

Thank you very much for your prayers, they are very much appreciated.
I won't speak much about the ongoing case, but I will state that I believe the courts will find in my favor as it moves forward. I will add that I believe the allegations against me are incorrect and it is still my belief that I never did anything to violate the law. Each of you may have an opinion on the matter, but none of you have the facts. Obviously, I never meant any harm to anyone and I voluntarily chose to remove myself from the entire situation long before this indictment.
The judge has released me from custody to work on my family entertainment projects and to be with my loved ones while awaiting trial. I ask you to reserve your judgement until the whole story can be known. I believe that we all have things in our past we wish we could erase. Although I am not proud of the situation, I am not going to make any effort to hide from the news which you have heard about me and are all well aware of. For you guys, many of whom are our backers, you have a right to know what is going on and this case is the reason for our delay in providing you with timely information about the pinball project. I also won't sugarcoat the fact that the Pinball Gremlins project is not on schedule.
Anyone who has put their trust in us shouldn't worry however. I would like to reassure you that, following Christmas, the Vonnie D Pinball team will be back to work on the pinball machine to ensure it gets completed. My focus through the holidays are to spend time with my son and be with those that I love. This has been hard not only on myself, but also on Von and my family.

http://www.columbiatribune.com/news/crime/two-plead-guilty-to-roles-in-alleged-synthetic-marijuana-conspiracy/article_5f26eb59-d89d-52a4-a5c9-c0fd29ed9918.html

#8202 4 years ago
Quoted from robbycsmith:

Lawyers make up about 5% of those who buy NIB pinball machines, while the other 95% are engineers.

I'd love to know the basis behind that assertion. LOL

1 week later
#8325 4 years ago
Quoted from Nibbles:

Kevin Whitney Kulek, not to be mixed up with his dad Kevin Mitchell Kulek

Bump for clarification.

1 week later
#8432 4 years ago
Quoted from Nibbles:

Kevin Whitney Kulek, not to be mixed up with his dad Kevin Mitchell Kulek

It's interesting to see what pops up when you do a Google search using that name.

For example...

http://www.poetry.com/historical_poems/7544029

Note: I have no idea if this was actually posted by Kevin Whitney Kulek of Skit-B Pinball, or if someone was simply using that site to troll Kevin, but the first seven lines are pretty interesting.

In_So_Many_Words.jpg

1 week later
#8591 4 years ago

I'm glad to see that the criminal justice system is working and there is a trustee (PayPal) looking after the creditors' best interests.

Are there any other options available?

Quoted from Razorbak86:

Too bad there is no specialty court system in the US that could handle complicated matters involving insufficient funds, co-mingling, financial disputes, fraudulent conveyances, prioritization of claims, sorting out who paid what, and distribution of proceeds.

#8660 4 years ago
Quoted from CaryCarmichael:

PayPal was again mentioned as, in his words, sort of a trustee with the money held in escrow. He also said that PayPal was not being the most helpful on their end.

PayPal acting as a "trustee" here is preposterous! They are definitely NOT looking after the buyers/creditors' best interests.

If Kevin were in US Bankruptcy Court, he would be required to file the following document for full disclosure. It's called a "Statement of Financial Affairs"...

http://www.uscourts.gov/forms/bankruptcy-forms/statement-financial-affairs

The signature block at the bottom reads as follows...

"I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct."

The penalty for making a false statement is a fine of up to $500,000 or imprisonment for up to 5 years, or both [18 U.S.C. §§ 152 and 3571].

#8713 4 years ago
Quoted from Trekie:

This smells like the Jpoop thing.
Kevin screws everybody out there money and then some guy is going to give Kevin more money for his no-license game. The pre order guys get to throw money at a Predator game title. I am sure everyone would want a Pedator game around to remind them how Kevin Kulek screwed them out of their money. This title and theme are tainted forever in the pinball hobby.
If people would of been made whole, then something like that may had a chance.
IMO this has the same chance as a snowball in hell.

I'm pretty sure guyincognito's post was dripping with sarcasm, and Pintasia has ZERO interest in jumping into the Predator swamp.

#8800 4 years ago

And Kevin's lawyer works for KEVIN... NOT the Predator buyers.

#9001 4 years ago
Quoted from NoahFentz:

We will be more than happy to complete the job whenever Skit-B is ready. Until then, we've been burned just like everyone else on this project.

Wait, you'd be more than happy to complete the job, even though Skit-B admittedly has NO license agreement with Fox?!?

Or do they have a license agreement? I can't seem to keep the story straight.

Quoted from NoahFentz:

Hi Guys!
I just wanted to drop in and say that I would not be building cabinets and printing and applying decals for a project that's not fully licensed!
Anyone that knows me knows I won't even consider touching unlicensed projects!
Speculation can now rest.
Pre-owners can certainly look forward to receiving their PREDATORS.
Thank you.

Quoted from NoahFentz:

I sure did, and for that, I sincerely apologize. I was given every reason to believe it was fully licensed, as was every pre-owner and other vendor.
Kevin even let me stick my neck out there, just to get it cut off knowingly. For that, he will never be forgiven.
I'm just as pissed as every here, as I have a lot to lose over this fiasco, too.

#9250 4 years ago
Quoted from zeddex:

"The order imposes a $111,793.71 judgment that will be suspended due to Chevalier’s inability to pay"

You redacted the last sentence from that FTC summary of the settlement order, which is important...

"The order imposes a $111,793.71 judgment that will be suspended due to Chevalier’s inability to pay. The full amount will become due immediately if he is found to have misrepresented his financial condition."

2 weeks later
#9298 3 years ago
Quoted from Nibbles:

Pinside is all f'd then, after the update it's tons of multi replies within threads, and apparently the "last seen" is also not working... So, can everyone else find Kevin Whitney Kulek's posts in this thread besides me? Or did he scrub the ones where he confirmed he is going to start refunding people (before his lawyer started sucking money off of him)?

I don't think Kevin actually posted in this thread. I think all of his messages on this thread were re-posted from other people's emails from him.

Remember, no one except mods &/or Robin can actually delete posts. The most he could possibly do is delete the content of his posts, leaving either no text at all or a simple '.' behind.

2 months later
#9634 3 years ago
Quoted from Whysnow:

His name was originally posted here.
https://pinside.com/pinball/forum/topic/michigan-pinball-expo-2015-photosreview/page/2#post-2378169
I reposted in hopes of finding out his contact info so it can be passed along to the appropriate legal teams.
Just took a little work to add it all up.
here he actually was dumb enough to list his entire collection(including Predator; oh yes, and TZ, JD, IM which are all seen in the photo)
https://pinside.com/pinball/community/pinsiders/pinchili/collection
using the photo attached it was pretty easy to see that he is the likely person.
Predator Delivered UK photo.jpg
People have since reached out to him and he has admitted he has the game.

It's interesting to go back and read PinChili's posts on this very thread. Suffice it to say that he was highly critical about the illegal nature of Kevin's project because of the unlicensed IP.

https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion?tq&tu=PinChili

1 week later
10
#9973 3 years ago
Quoted from KeithinMI:

I must comment.
Today, based upon things I have reviewed today (in my office -- not on Pinside, and certainly not as an affront to anyone on Pinside), I have had to redefine in my small little noggin', the definition of stupidity. I am actually beside myself and have had to look at what I received a few times, thinking that maybe I slipped into a really bad episode of the Twilight Zone or The Outer Limits.
I am quite beside myself but then again, I suppose my profession relies on the stupidity of people.

Alright, spill it.

-1
#10019 3 years ago
Quoted from RobT:

That is one idiotic lawyer, if that really happened. I seriously doubt that Kevin Kulek is worth losing your bar license over.

Maybe that's why he stopped working for Kulek a few months ago?

4 months later
#10336 3 years ago
Quoted from fosaisu:

If you can find a few others with collectible judgments (I think you need three total?) you can force him into bankruptcy. That'd at least shake things up for him a bit.

All you need to file an involuntary BK petition is three unsecured creditors. They don't have to have judgments. That option has been available for months now.

#10346 3 years ago
Quoted from Enaud:

Don't encourage him to file bankruptcy. That would be a way form him to wash his hands of it all.
He needs to be convicted of criminal intent so that his house and possessions can be auctioned off to cover the debt.

No one was encouraging Kevin to file BK. (That would be a voluntary petition filed by the debtor.) We were referring to an involuntary petition filed by the creditors. I haven't seen any of the parties in interest clamoring for BK, so if the debtor and creditors want to avoid a BK, it'll probably stay out of BK court.

Just be aware that all it takes to initiate an involuntary petition is at least 3 unsecured creditors collectively owed a little over $14,000 and willing to pay $300+/- filing fee to file the petition, so the bar is set pretty low, whether you want it to go in or not.

2 months later
13
#10500 3 years ago
Quoted from Toads:

So what happened to KeithinMI.
He was all over the thread back when he was drumming up business(or clients)
Now...... Nothing.

Now he's involved in active litigation, and to post on a public forum at this time would be incredibly unwise. Is that so hard to understand?

1 month later
#10537 3 years ago
Quoted from RobT:

Those civil lawsuits are now all stayed based on his filing in the bankruptcy court.

The trustee may be able to pursue avoidance actions for preferential transfers and fraudulent conveyances to recover proceeds for later distribution to creditors.

3 weeks later
#10976 2 years ago
Quoted from HappyDayz:

I could care less.

Please do so!

#11023 2 years ago
Quoted from NoahFentz:

Hi Guys!
I just wanted to drop in and say that I would not be building cabinets and printing and applying decals for a project that's not fully licensed!
Anyone that knows me knows I won't even consider touching unlicensed projects!
Speculation can now rest.
Pre-owners can certainly look forward to receiving their PREDATORS.
Thank you.

-1
#11024 2 years ago
Quoted from NoahFentz:

PREDATORs.
Is that better?

#11129 2 years ago
Quoted from LadySlingshot:

Only buy from reputable companies who have a history of shipping quality pins on time.

That's pretty rich, Mr. ZidwarePR.

https://pinside.com/pinball/forum/topic/jpop-update-thread……………mg-raza-and-aiw…?tq&tu=Zidwarepr

#11231 2 years ago
Quoted from cfh:

That video is of Predator #1 (the black prototype game) which Kevin took to all the shows. Recorded at the Sharks Club in Howell Michigan during 2014 (Sharks club is no longer, now Block brewery.) It is running old software (no comma in the scores). This is not the one and only "official production" machine (predator #2, Tim's machine.) Note also that the RGB LED modes don't seem to be implement (an "extra option"). Can not tell if it has a shaker motor either (again another "extra option".) or laser pointer. Predator #2 didn't even exist at this time. And If you listen you can hear Kevin narrating the video.

Clay, since you know so much about Tim's and Kevin's machines, tell us more about the other ones, too?

Quoted from Whysnow:

When I was at the VFW show last month it was made clear to me that Clay has 2 Predator machines in his possession. 1 supposedly full functioning and 1 not/parts machine. I assume in his personal collection as they were not at the VFW. People in his club verified for me that he had them.
I asked Clay why the heck he was not at least letting the public (the people that even made it possible for him to have those games) play them and he turned white as a ghost and fumbled his words. He was caught off guard as he was not expecting the question. He stumbled around and settle on Tim Fife as being the only person with a game and took off to get away from the conversation. I am actually happy that Clay has these games as he is a great curator of pinball. I just wish he would put them in the public for play rather than stashing them away.
I am a bit miffed that he is unwilling to own up to having them, which could be useful to those with ongoing legal battles. Continuing here to lie that there were only 2 games (the Tim Fife one and the other black one) is sad, as many of us know there were 4 fully built prototype or preproduction games. We also know there are parts for the first 10 production games.

#11396 2 years ago

This particular thread on Pinside is pretty toxic, partially due to people like Tim Fife logging in under multiple userIDs (e.g., PinChili, HappyDayz), asking innocuous questions in the beginning, but then revealing that they actually knew a lot more than they initially let on and had a very vested and highly unpopular interest in the project (i.e., ownership of a very rare but scandalous prototype), when so many other good-faith buyers lost everything.

With that as background, please don't let your view of Pinside be tainted by a skeptical response to your first post in this highly toxic thread.

#11405 2 years ago
Quoted from multibrawlr:

Thank you.
Oh, so he WAS making duplicate accounts. Alright. Just wanted to make sure.
The reason why I asked was because, just recently, I had an exchange with Tim on Facebook. A friend who I will not name -- in respect of his privacy -- had a picture of a Predator machine on his account from Feburary. I asked if it was his, and -- if it was -- why he had it when he could potentially get in trouble with Fox (or at least face the wrath of pre-orders, though I forgot to add that in my initial response).
My friend went on there and said it wasn't his, but he believed it to be a preproduction model running on a Windows? Then someone on there accused Tim Fife, who then appeared and went on to explain his stance regarding owning the game. He wasn't that combative or mean, I don't believe, but he was very vocal about his point and wasn't to be convinced otherwise.

If you're interested in reading Tim's posting history regarding the Predator project, click the following links which capture his posts under two different IDs (PinChili and HappyDayz) before those accounts were frozen.

https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion?tq&tu=pinchili
https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion?tq&tu=happydayz

They are an interesting read, because they swing from one extreme to another. They start off with a bang as Pinchili, an obvious skeptic, arguing for disclosure, accountability, and justice, but then after being booted (once again) from Pinside and obtaining ownership of one of the scandalous prototypes, HappyDayz appears, arguing anonymously that Kevin and his family have suffered enough, and strongly urging everyone to just let this whole thing go.

#11421 2 years ago

Who is "Hilton"? I know who Milton is, but not this new guy!

1 month later
18
#11609 2 years ago
Quoted from TheLaw:

OK so for us non legal types...what does this mean? That he can't file for bankruptcy?

Kevin Kulek has already filed for bankruptcy, so he is the debtor in the bankruptcy case. There is a Trustee appointed in the bankruptcy case (Randall Frank), and he is working on behalf of the creditors of the estate (e.g., unpaid vendors, customers who paid deposits but never received pinball machines). The bankruptcy filing was a voluntary Chapter 7 petition, which (for honest debtors) is typically a straight liquidation that wipes out all debts and provides the debtor with a "fresh start" post-bankrutpcy. Fortunately for many people here in this thread, not all debts can be discharged in bankruptcy. One specific example of a non-dischargeable debt is one obtained by false pretenses, false representations, or fraud.

In the bankruptcy court filing posted above, the Trustee petitioned the judge to name Keith Nathanson (KeithinMI here on Pinside) as Special Litigation Counsel to pursue causes of action that might provide a recovery to the creditors of the estate. The filing mentions a $30,000 transfer allegedly used by Kevin to pay for real estate (his residence), where the property was allegedly titled in his wife's name to avoid creditor claims.

The Trustee's filing occurred two weeks ago, and Keith's comments yesterday imply that the judge was either about to rule, or has already ruled, in the Trustee's favor, naming Keith as Special Litigation Counsel working for the Trustee on behalf of the estate. This could greatly bolster the Trustee's ability to recover proceeds for creditors, and that could be bad news for Kevin's hope for a debt-free, "fresh start" post-bankruptcy (i.e., "Winter is here, John Snow.").

PS - I'm not a lawyer, but I have logged thousands of billable hours in bankruptcy cases over the last two decades working as a financial advisor for financially distressed businesses. And I *never* stay in a Holday Inn Express!

#11610 2 years ago
Quoted from Taxman:

I have no idea what this 2004 examination means.

See the link below for a good summary...

http://www.nolo.com/legal-encyclopedia/what-is-2004-examination-bankruptcy.html

Notable excerpt:

"Most often, a trustee will request the 2004 Exam to investigate:

o The location of your assets
o Your financial transactions
o The accuracy of your bankruptcy schedules and other papers, and
o Whether you committed fraud."

#11717 2 years ago
Quoted from flynnibus:

I think people give Kevin WAAAAYYYYYYYYYYYY too much credit. The guy who simply admits to embezzling during a simple deposition is going to setup offshore accounts and shelters? That's funny

Kevin would have been foolish to lie under oath in the 341 meeting, especially when being questioned by a litigator who probably already knew the facts. The penalties are severe. They are summarized in the signature block of the Statement of Financial Affairs (SOFA).

image_(resized).jpeg

2 months later
#11898 2 years ago

"What is an adversary complaint?

An adversary complaint is a separate lawsuit filed in the US Bankruptcy Court seeking to deny the debtor the bankruptcy discharge and possibly to enter a judgment against the debtor. The adversary complaint may seek to deny the discharge as to all creditors or as to only the particular creditor who filed the lawsuit. An adversary complaint typically relates to debtor’s bad behavior before the bankruptcy was filed or bad behavior in connection with the bankruptcy case itself.

A typical adversary complaint is filed by a creditor who believes it was wronged by debtor’s bad behavior prior to the bankruptcy case being filed. Examples of debtor’s wrongful behavior relate to: incurring credit card debt without the ability or intent to repay; taking payday loans without the ability or intent to repay; alimony; child support; taxes; fraud; false representations; false pretenses; breach of fiduciary duty; embezzlement; larceny; or willful and malicious injury.

Adversary complaints also could be filed by a standing trustee or the U.S. Trustee who believes a debtor engaged in wrongful behavior in connection with the bankruptcy case. Examples of debtor’s wrongful behavior relate to: making fraudulent oaths; making false claims; transferring or destroying property with an intent to hinder, delay or default a creditors; concealing, destroying, or failing to maintain books and records; failing to explain the loss of assets; and refusing to obey any court order."

http://www.schallerlawfirm.com/adversary-defense.html#adversary

13
#11968 2 years ago
Quoted from dotEXE:

as an MBA with a half-finished PhD in economics

Why do you bring this up? The last time you mentioned your academic credentials (i.e., 10 days ago in another thread), it didn't really help the credibility of your argument...

Quoted from dotEXE:

I'm a person who loves pinball, and has an in-progress PhD in economics. Jack definitely knows what he's doing. He has two goals, as professed by himself: make fun games, get women and children into pinball. This will do both.

Quoted from dotEXE:

$40 million profit on WoZ alone

You got a lot of down-votes in that thread, too -- very similar to the responses in this thread -- and you quickly bailed from that discussion altogether.

If you're going to bring up your academic credentials, perhaps you should elaborate a little, using "basic math", on how Jack could have made a $40 million profit on WOZ alone? If you can do that, then people here might be a little more receptive to your economic input.

1 month later
#12064 2 years ago
Quoted from Dayhuff:

Where are you getting this information from? I'm not doubting it at all, just curious. I mean I see it in the info above but where and how did you come across it?

Quoted from RCA1:

All (well, MOST anyway) court proceedings are public documents. There is a system called PACER for access to Michigan court filings. He has subscribed to PACER.

Public Access to Court Electronic Records (PACER):

https://www.pacer.gov/

3 weeks later
#12544 2 years ago
Quoted from Razorbak86:

The trustee may be able to pursue avoidance actions for preferential transfers and fraudulent conveyances to recover proceeds for later distribution to creditors.

Nice work, Keith.

#12727 2 years ago
Quoted from RyanStl:

So, what happens? The "proto-type" goes to who? Do you split it up with axes, auction it and split the money? Who does the game go to then and money?
Sorry, these are hard questions because I don't know what the intended outcome people are looking for. Bonfire?

Someone should create a fundraiser with a large target value. Once the target is reached, organize a huge bonfire and burn the game during a live stream event. Then distribute the proceeds pro rata to SkitB creditors.

#12779 2 years ago
Quoted from TigerLaw:

The sale of the machine to Tim did NOTHING for the creditors so in my eyes it was a preferential transfer and should be reversed (Tim gets his money back or becomes a creditor of Kevin like the rest of us and the game gets turned over to the bankruptcy trustee).

Count 1 in the Fife motion is requesting the avoidance of a fraudulent transfer of real property under 11 USC 548(a)(1)(A), with actual intent...

--------------------------------------------------

§548. Fraudulent transfers and obligations

(a)(1) The trustee may avoid any transfer (including any transfer to or for the benefit of an insider under an employment contract) of an interest of the debtor in property, or any obligation (including any obligation to or for the benefit of an insider under an employment contract) incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, if the debtor voluntarily or involuntarily—

(A) made such transfer or incurred such obligation with actual intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made or such obligation was incurred, indebted; or

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title11/html/USCODE-2011-title11-chap5-subchapIII-sec548.htm

--------------------------------------------------

Keith is claiming that the transfer of the pinball machines by Kevin Kulek (Debtor) to Tim Fife (Defendant) was made with the actual intent to hinder, delay, or defraud creditors.

#12887 2 years ago
Quoted from pinmaniac:

I'm sure I'll get thumbs down for this post. Wouldn't the refunds to AG be preferential payments under the BK? I'm no expert in personal BK but in a corporate bankruptcy the trustee can go back to vendors who got paid while other vendors are unpaid. Why wouldn't the trustee go back to AG to get their refunds back and spread them out over all the claimants?

The reach-back period for preferential transfers to ordinary creditors (i.e., non-insiders) is 90 days prior to the date that the bankruptcy petition was filed, so any refunds received by the so-called Anonymous Group ("AG") were well outside of the reach-back period by the time Kulek filed Chapter 7.

The reach-back period for preferential transfers to "insiders" of a debtor (e.g., family member, partner) is 1 year pre-petition. For fraudulent conveyances, it is 2+ years.

#12908 2 years ago
Quoted from Firebaall:

Should not the lawyer working for the Pinsiders that retained him be looking into this angle? A Fox rep should be deposed to determine what information was brought to them, and who made that contact. Wouldn't that be a pip of info...
That could easily put those slippery eels, that received refunds, into the group of insiders. If that happens, they would be liable to pay back the bankruptcy trust due to the 1 year vs 90 day classification.

Any deposits were likely refunded outside of the 1-year reach-back period, based on the dates below...

1] Kevin W. Kulek files Chapter 7: June 3, 2016

2] Pinball News Article: "PREDATOR PINBALL: THE INSIDE STORY," April 14, 2015

http://www.pinballnews.com/comment/predatorpinball2.html

3] Pinball News Article: "PREDATOR PINBALL: THE SEARCH FOR THE TRUTH," March 22, 2015

http://www.pinballnews.com/comment/predatorpinball.html

4] Anonymous Group investigation: October 2014 - March 2015

https://predatorpinball.wordpress.com

1 week later
#13050 2 years ago

One thing is clear... Kevin is a HORRIBLE lawyer, and he has a FOOL for a client.

#13068 2 years ago

I expect the next filing to hit the court docket on this case will be a motion filed by Kevin's attorney asking to be relieved as counsel.

#13082 2 years ago
Quoted from Wolfmarsh:

Can any pinside lawyers explain what Keith meant when he said that Kevin's lawyer was likely filing an "AP" on this case? Does that have something to do with why Kevin can't get a hold of his lawyer?

Quoted from jasonp:

An adversary proceeding (or “AP”) is a lawsuit filed separate from but related to the bankruptcy case. It is an action comme2nced by one or more Plaintiffs filing a Complaint against one or more Defendants and resembles a typical civil case. The Plaintiff is the person, partnership or corporation initiating the lawsuit. The Defendant is the person, partnership or corporation being sued. Certain types of disputes cannot be handled in the bankruptcy case, but instead require the commencement of an adversary proceeding. These types of actions are found in Rule 7001 of the Federal Rules of Bankruptcy Procedure.

Quoted from Enaud:

Hey, have any of you all been successful in finding an attorney to do the AP for you? Keith had someone lined up at one time, but that fell through. If anyone has information please PM me.
Thanks.

At the 30:20 mark of the MP3 file of the hearing, Keith said that a "Mr. Cowley at the US Trustee's Office" is expected to file an Adversary Proceeding ("AP") on this matter next week. Presumably he was referring to Sean Cowley, who is a Trial Attorney working at the US Trustee's office in the Eastern District of Michigan (see the link below), and the AP is being filed on behalf of one or more classes of creditors?

https://www.justice.gov/ust-regions-r09/region-9-staff-directory-2

#13184 2 years ago
Quoted from MrBally:

Correct, and I don't think hizzhonor picked up on these weasel words.....

Don't underestimate Judge Opperman. He's been a federal bankruptcy judge for over 10 years. Before joining the bench, he practiced litigation, bankruptcy, and real estate in his private practice. All three of those elements are integrally involved in this case.

#13362 2 years ago
Quoted from Concretehardt:

I sure wish we had some action like this going over in JPOPville.

Quoted from RobT:

JPop needs to be forced into Bankruptcy in order to get this kind of action.

The requirements for accomplishing that goal are pretty straightforward.

Quoted from Razorbak86:

all it takes to initiate an involuntary petition is at least 3 unsecured creditors collectively owed a little over $14,000 and willing to pay $300+/- filing fee to file the petition

http://www.uscourts.gov/sites/default/files/form_b205_0.pdf

#13366 2 years ago
Quoted from Razorbak86:

At the 30:20 mark of the MP3 file of the hearing, Keith said that a "Mr. Cowley at the US Trustee's Office" is expected to file an Adversary Proceeding ("AP") on this matter next week. Presumably he was referring to Sean Cowley, who is a Trial Attorney working at the US Trustee's office in the Eastern District of Michigan (see the link below), and the AP is being filed on behalf of one or more classes of creditors?
https://www.justice.gov/ust-regions-r09/region-9-staff-directory-2

Quoted from KeithinMI:

I have. The US DOJ regularly prosecutes people for bankruptcy fraud. It's a serious felony and comes with real jail time and *big* fines.
correction: **prison** time in a Federal Penetentiary

Fun Facts for Debtors to Know:

The US Trustee's Office is a division of the US Department of Justice.

https://www.justice.gov/ust

Two of the US Trustee's many specific responsibilities are:

1/ Taking legal action to enforce the requirements of the Bankruptcy Code and to prevent fraud and abuse;

2/ Referring matters for investigation and criminal prosecution when appropriate;

https://www.justice.gov/ust/about-program

26
#13525 2 years ago
Quoted from Mocean:

No reason to assume she's engaged in fraud...

SLC_Application_Paragraph_10.jpg

#13558 2 years ago
Quoted from Whysnow:

Just want this to be on the new page.
Mr.Bally, I think you provided the business card. Care to may some money and lend a hand in helping out?
anyone else?

Business card bump (click the post below)...

Quoted from MrBally:

Found on the "Community Board" at the Family Fare Supermarket in Standish, Michigan

23
#13659 2 years ago
Quoted from flynnibus:

If the trustee uncovers illegal behavior, etc... they turn those findings over to the appropriate procesutors and they decide if they will pursue a case.
The lawyer on the phone basically said 'we have seen stinky stuff, I can't make any statement on if charges will be pursued... but we are OBLIGATED to report any signs of illegal activity they find'
And he stressed that

Just for clarification, the term "trustee" can get a little confusing in bankruptcy, because often two parties in a bankruptcy case will carry the word "trustee" in their job title.

On Kevin's bankruptcy case, there are actually three different lawyers working directly or indirectly on behalf of creditors:

1) Sean M. Cowley, Trial Attorney for the U.S. Trustee
2) Randall L. Frank, Chapter 7 Trustee
3) Kieth M. Nathanson, Special Litigation Counsel for the Chapter 7 Trustee

----------

1) The United States Trustee ("U.S. Trustee" or "UST") is different than the Chapter 7 Trustee assigned to the bankruptcy case.

In Chapter 7 cases, the U.S. Trustee acts like a parliamentarian for the overall bankruptcy process, litigating issues that affect the integrity of the bankruptcy system. For example:

a) Arguing that granting the debtor a bankruptcy discharge would constitute a "substantial abuse" of the bankruptcy process;
b) Taking legal action to enforce the requirements of the Bankruptcy Code and to prevent fraud and abuse; and
c) Referring matters for investigation and criminal prosecution when appropriate.

Not surprisingly, in light of the above, the Office of the U.S. Trustee is actually part of the U.S. Department of Justice.

https://www.justice.gov/ust/bankruptcy-fact-sheets/us-trustees-role-consumer-bankruptcy-cases
https://www.justice.gov/ust/about-program

Sean M. Cowley, the Trial Attorney for the U.S. Trustee, was the attorney on the phone at yesterday's hearing. Sean's practice focuses on §727 denial of discharge litigation, Chapter 9 issues and litigation, §707(a) dismissals for bad faith, attorney misconduct issues under §526, criminal referrals and prosecutions for bankruptcy-related crimes, and appeals at both the district court and circuit court levels.

Given Sean's key role in drafting the Stipulation that Kevin signed after the hearing, agreeing to the denial of a bankruptcy discharge of Kevin's pre-petition debt, Sean has been effectively working indirectly on behalf of the creditors.

https://www.linkedin.com/in/sean-m-cowley-a3437912

----------

2) Randall L. Frank is the Chapter 7 Trustee for this case. Mr. Frank is one of the Chapter 7 panel trustees covering the Eastern District of Michigan. He is based in Bay City, Michigan, and was assigned, on a blind rotation basis, to Kevin's case. Mr. Frank is working directly to maximize proceeds for Kevin's creditors, but wasn't a visible player at the last two hearings, because he was represented by Keith Nathanson at the hearing. (Mr. Frank successfully petitioned the court for Keith's appointment as his Special Litigation Counsel.)

----------

3) Keith M. Nathanson was appointed by Judge Opperman to work for Mr. Frank (Chapter 7 Trustee) as the Trustee's Special Litigation Counsel. Keith was appointed to this role based on his prior knowledge of Kevin's financials from his pre-petition litigation on behalf of some of the SkitB creditors.

http://www.nathanson-law.com/

----------

All three of these attorneys are playing a key role for creditors, whether visible or behind-the-scenes, and their work to date has been commendable.

#13702 2 years ago
Quoted from stangbat:

Keith stated this:

In response to this:

Can someone comment on this? Is this stay a normal thing when something like a bankruptcy discharge happens? Why was there a stay that prevents collection of the debt in civil court? It seems like the expectation is that it will be lifted and then his assets will be pursued in civil court. Or am I not understanding this correctly?

This is a legal topic that Wikipedia actually summarizes pretty accurately...

https://en.m.wikipedia.org/wiki/Automatic_stay

#13705 2 years ago
Quoted from Pinballs:

Once the painful process of extracting information from Kevin, as if from an itinerant but hopelessly naughty child, ends, the tax implications of all this will be fascinating.
Sadly for creditors, the IRS will presumably have first dibs on Kevin's assets, such as they are.

The priority for customer deposit claims [Priority 7] is actually senior to tax claims [Priority 8].

Section 507(a)(7) of the Bankruptcy Code gives a 7th priority to "allowed unsecured claims of individuals, to the extent of $̶1̶,̶8̶0̶0̶ $2,775* for each such individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided." [11 U.S.C. §507(a)(7)]

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title11/html/USCODE-2011-title11-chap5-subchapI-sec507.htm

*The initial $1,800 dollar amount in the original Bankruptcy Code has been increased numerous times over the years to compensate for inflation, and it was subsequently increased to $2,775 in 2013.

https://www.federalregister.gov/documents/2013/02/21/2013-03998/revision-of-certain-dollar-amounts-in-the-bankruptcy-code-prescribed-under-section-104a-of-the-code

#13710 2 years ago
Quoted from flynnibus:

Razor.. your post here made me think.. so the judge has now denied Kevin's requests for discharge. But since he voluntarily entered Chapter 7.. does that mean he is still going to be liquidated to attempt to pay off any creditors? And does that mean.. the trustee will still continue to dig for assets to liquidate?
I'm double backing now thinking.. the discharge denial isn't the end.. but just another decision point? When I first read that offer between the US Trustee and Kevin.. it seemed like a settlement to 'go away' and close it up. But is it?

I'm not really sure? I typed that last paragraph assuming the assets would be liquidated and the proceeds would be distributed in bankruptcy, but now that Kevin has stipulated to a denial of discharge for his pre-repetition debts, the federal bankruptcy case may simply be dismissed with prejudice.

21
#13729 2 years ago
Quoted from stangbat:

Thanks, that was informative. I understand why a stay would be granted when someone files for bankruptcy. But I don't understand why one would be granted when the bankruptcy was discharged unless this is just an automatic thing in such cases.

This is another example of where terminology in a bankruptcy case can get confusing. The "Automatic Stay" is typically in place throughout the case, unless the court grants specific relief to certain creditors. Only the debt can be "discharged". The bankruptcy case itself will eventually be either "dismissed" or "closed".

In Kevin's Chapter 7 case, at the last court hearing, Sean Cowley (Trial Attorney for the U.S. Trustee's Office) threatened to file an adversary proceeding under 11 U.S.C. §727(a) petitioning the court to DENY a discharge of Kevin's pre-petition debts.

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title11/html/USCODE-2011-title11-chap7-subchapII-sec727.htm

That threatened filing motivated Kevin to sign a Stipulation after the hearing that ultimately gave Sean what he wanted...

https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion/page/270#post-3566708

That "Stip" will soon be followed by a permanent order denying the discharge of the pre-petition debts.

Nevertheless, the case has not yet been dismissed or closed. No party has filed a "Lift Stay" motion with the court, so the Automatic Stay is still in place. Kevin still has to produce certain documents before the next hearing, and Keith still has several adversary proceedings pending before the court for the avoidance and recovery of preferential or fraudulent transfers.

For example:

a) the real estate transfer to Amanda Kulek;
b) the 32-ft Dutchman RV transfer to Kathy Kulek;
c) the cash and CNC machine transfers to VirtuaPin;
d) the pinball machine transfers to Tim Fife; and
e) the cash transfer to David Truckel/Truckle.

https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion/page/251#post-3519891
https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion/page/252#post-3520945
https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion/page/252#post-3521151
https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion/page/252#post-3521164

---------

Several of the terms used above are clarified in the following paragraphs, along with reference sources:

1) Automatic Stay
2) Discharge
3) Dismissal and Closing

----------

1) Automatic Stay

The Automatic Stay is typically lifted when a case is dismissed or closed, but it is sometimes lifted while a case is still active, if a creditor files a "Lift Stay" motion and the court grants relief from the Automatic Stay. A Lift Stay motion might be filed when a creditor wants to proceed against real property, or a creditor wants to proceed with a state court lawsuit. The motion must demonstrate "cause" for lifting the Automatic Stay, and must be supported by admissible evidence. For example, if a creditor asserts a secured claim, the motion must contain admissible documents that assert a valid security interest, and all documents that support an assertion of lack of adequate protection or a lack of equity in the relevant property.

http://www.cacb.uscourts.gov/faq/relief-automatic-stay-how-do-creditors-file

Until the Automatic Stay is lifted, creditors do not have the right to take action against the debtor or the property of the estate.

----------

2) Discharge

A discharge is a court order that forgives a debtor of certain specific debts. The discharge order prohibits a creditor from attempting to collect from a debtor a debt that has been discharged. However, not all debts are dischargeable. Parties can file written requests (adversary complaints) to have the court determine if a debt is dischargeable.

(a) Creditor, Trustee, or U.S. Trustee Asks the Court to Determine if There is a Discharge

(i) Some unsecured debts are not dischargeable because Congress has determined they are types of debts that should not be discharged because of public policy reasons. Examples are:

-- spousal and child support obligations;
-- certain tax debts;
-- most educational loans;
-- debts related to injuries or death caused by driving while intoxicated; and
-- debts arising from fraudulent conduct.

(ii) It is also possible for a debtor to be denied a discharge of all unsecured debts if a debtor has not been honest, forthcoming, or cooperative in the bankruptcy case. These scenarios are listed in Section 727 of the Bankruptcy Code and usually involve the U.S. Trustee, a trustee, or a creditor filing a lawsuit in a chapter 7 bankruptcy case to determine that the debtor should be totally denied a discharge.

http://www.cacb.uscourts.gov/faq/discharge-does-every-debtor-get-discharged-every-debt

----------

3) Dismissal and Closing

(a) Dismissal vs. Closing of a Bankruptcy Case -- The main differences between dismissal and closing of a bankruptcy case involve discharge, ability to file another bankruptcy case, and the consequences of filing another bankruptcy case.

(i) Dismissal of a Bankruptcy Case – Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal. Dismissal can also occur without a debtor's consent if the court orders dismissal on its own, or a trustee or a creditor files a motion to dismiss the bankruptcy case, and the court grants the motion.

(ii) Closing of a Bankruptcy Case – Closing means that all activity in the main bankruptcy case is completed. This means that all motions have already been ruled upon, and if a trustee was appointed, the trustee has filed a statement that all trustee duties have been completed.

Closing does not mean that a discharge was entered unless all activities related to determining discharge have been completed.

Closing does not necessarily mean that all adversary proceedings are finished.

http://www.cacb.uscourts.gov/faq/dismissal-conversion-closing-bankruptcy-case-what-are-differences-between-them

15
#13778 2 years ago
Quoted from galaxian:

How much did Mike and Tim buy in the pre bankruptcy liquidation? Will they be forced to give it back?

Quoted from Jazman:

It's not stolen property. Unless they were in collusion with Kevin (which I believe would be a criminal act and handled completely differently), it would be extremely difficult for them to get it back.

Tim Fife is a defendant in an adversary proceeding filed a month ago by Keith Nathanson, Special Litigation Counsel for the Chapter 7 Trustee, requesting the avoidance of a fraudulent transfer of real property under 11 USC 548(a)(1)(A), with actual intent. In the motion, Keith is claiming that the transfer of the two pinball machines by Kevin (Debtor) to Tim (Defendant) was made with the actual intent to hinder, delay, or defraud creditors.

https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion/page/252#post-3521151

Quoted from Razorbak86:

Count 1 in the Fife motion is requesting the avoidance of a fraudulent transfer of real property under 11 USC 548(a)(1)(A), with actual intent...
--------------------------------------------------
§548. Fraudulent transfers and obligations
(a)(1) The trustee may avoid any transfer (including any transfer to or for the benefit of an insider under an employment contract) of an interest of the debtor in property, or any obligation (including any obligation to or for the benefit of an insider under an employment contract) incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, if the debtor voluntarily or involuntarily—
(A) made such transfer or incurred such obligation with actual intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made or such obligation was incurred, indebted; or
https://www.gpo.gov/fdsys/pkg/USCODE-2011-title11/html/USCODE-2011-title11-chap5-subchapIII-sec548.htm

1 week later
#14022 2 years ago
Quoted from DutchTommy:

i think it is kind of 'bad' form to display that letter with the full address of kevin kulek.

Quoted from DutchTommy:

hold on.. so u say that the letter that gentleman had in germany is accessible and thus free to watch to the public?

Bankruptcy filings are a matter of public record. Kevin filed a VOLUNTARY petition as a debtor under Chapter 7 of the U.S. Bankruptcy Code, and the debtor in a bankruptcy case is required to list his address on the petition form.

You can see Kevin's petition in the post below.

Anyone that wants to view the court documents for Kevin's public case can go to the "PUBLIC Access to Court Electronic Records" website (also known as "PACER", www.pacer.gov), select the Eastern District of Michigan, enter the docket number (16-21030), and access the full docket online, after paying a small processing fee intended to cover the administrative costs of the system.

1 week later
#14262 2 years ago
Quoted from Crash:

Do we have a time for the hearing today?

09:00 AM EST today.

2 weeks later
#14391 2 years ago
Quoted from vdojaq:

Maybe Keith will be good enough to record the meeting.

An audio recording would be great! However, Keith's comment back in late January suggested that it will probably be recorded by a court reporter and transcribed into a written transcript. Hopefully the transcript will be ordered and become public record.

"Make it so, No. 1!"

Quoted from KeithinMI:

Court proceedings are always recorded. Most of the time in bankruptcy matters, they are made part of the docket in the manner this one was.
2004(b) exams are typically done with a court reporter and while recorded to be transcribed, unless the transcript is ordered, it would not typically become public record like the recording of the court proceeding.
Any Court proceeding that may occur on Friday will be recorded and I would surmise, be available on PACER.

#14410 2 years ago
Quoted from Superchicken:

The end game here is to not allow Kevin's debts to be discharged. I believe Kevin is well on his way to doing just that. Keith is just helping him sink his own ship.

Kevin signed a Stipulation, drafted by the Office of the US Trustee, waiving his right to have the debt discharged over a month ago...

https://pinside.com/pinball/forum/topic/the-official-pinside-skit-b-predator-discussion/page/270#post-3566708

Th judge issued an order denying a discharge shortly thereafter.

#14469 2 years ago
Quoted from ForceFlow:

I find it hard to believe he didn't respond to a legal matter and would risk a default judgement like this.
From Kathy Kulek, sure, that's not surprising. But from virtualpin? Something seems odd here.

The reason trustees tend to cast a rather wide net with avoidance actions for preferential or fraudulent transfers is because many recipients never respond to the summons.

Another nice job, Keith!

3 weeks later
#14858 2 years ago

Keith, can we get a quick status update? Did Kevin eventually show for the Rule 2004 examination?

2 months later
#15911 1 year ago
Quoted from sd_tom:

Sorry, don't read legalize.. 'commitment lender' is what.. like a second mortgage or heloc on the home or something?

The reference to a "commitment lender" in paragraph 6(a) was a typo. The correct term is "commitment letter" [see paragraph 6(b)].

A loan commitment letter is a letter provided by a mortgage lender that indicates a borrower has passed their underwriting guidelines and that they are willing to offer the borrower a home loan. A loan commitment letter is an indication that the buyer's home loan has been approved.

http://www.findwell.com/real-estate-dictionary/definition/loan-commitment-letter/

#15921 1 year ago
Quoted from TigerLaw:

Wasn't it thought the house was worth over 50k?
This only resolves claims on the home, it does not resolve all claims of the debtors nor release the spouse or end the bankruptcy proceeding correct? (I have not been able to review the document).

The text from the stip offers a pretty good summary of the deal...

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES THAT:

a. Defendant, Amanda Kulek, shall pay to the Estate, the sum of Thirty Thousand ($30,000.00) Dollars, representing the compromised claim of the Estate in the real property located at 1301 East Pine River Road, Midland, Michigan.

b. Defendant, Amanda Kulek, shall have thirty (30) days (July 9, 2017) to provide to Counsel for Trustee, a commitment from a lender to loan the Thirty Thousand ($30,000.00) Dollars to Defendant, either by way of a mortgage, a secured loan on other security, a personal loan, line of credit, or other lending mechanism.

c. That upon payment of the Thirty Thousand ($30,000.00) Dollars, pursuant to the terms above, that Plaintiff/Trustee will file and record a release of the notice of lis pendens and a release of the prior recorded order prohibiting transfer of the property.

d. Defendant shall have thirty (30) days from the commitment to loan letter to close said loan and remit the funds to the Plaintiff/Trustee.

e. That should Defendant fail to provide the aforementioned commitment to lend within thirty (30) days (July 9, 2017), or fail to remit the Thirty Thousand ($30,000.00) Dollars to Plaintiff/Trustee, that Plaintiff/Trustee shall have and be entitled to a money judgment against Defendant for Thirty Thousand ($30,000.00) Dollars, and that this Order shall be treated as a money judgment for Thirty Thousand ($30,000.00) Dollars.

f. That this compromise does not resolve the Plaintiff/Trustee’s Claims for $18,501.00 transferred to Defendant which is part and parcel of Plaintiff’s Adversary Complaint in this matter.

g. That this consent order is not a final order and does not resolve all pending claims in this adversary proceeding.

16-02073-dob Doc 72-1 Filed 06/19/17 Entered 06/19/17 14:58:29

#15964 1 year ago
Quoted from c508:

Ok, here are my thoughts re: MALETICH/VIRTUAPIN's counterclaims (or, as I call them "laughable attempts to intimidate keithinmi").

"If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell."

29
#16062 1 year ago
Quoted from DeeGor:

If you listen to her, Keith is a complete pyscho. The judge had to know she was making all this shit up, yet he let he off the hook anyway. I'm completely baffled by the decision.

The judge did not let her off the hook. He simply granted her motion to set aside the default judgment and sent the case back to trial, where both parties have the opportunity to present evidence. By allowing her rants to continue, he simply gave her enough rope to hang herself. Keith now has numerous additional claims on the record to easily destroy her credibility.

#16335 1 year ago
Quoted from vdojaq:

The trustees can kiss that $30K goodbye, a loan for that mold ridden roach motel isn't going to happen, ever.

I'm pretty sure Keith was never counting on that loan coming through. He just needed Amanda to think the loan would come through, so she would sign the stipulation providing the Plaintiff/Trustee the money judgment.

Quoted from Razorbak86:

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES...
...
e. That should Defendant fail to provide the aforementioned commitment to lend within thirty (30) days (July 9, 2017), or fail to remit the Thirty Thousand ($30,000.00) Dollars to Plaintiff/Trustee, that Plaintiff/Trustee shall have and be entitled to a money judgment against Defendant for Thirty Thousand ($30,000.00) Dollars, and that this Order shall be treated as a money judgment for Thirty Thousand ($30,000.00) Dollars.

#16619 1 year ago
Quoted from MrBally:

I don't think we're going to see Mr. Awesome posting here anytime soon. Did he delete some of the posts where he called himself awesome? If so, I wonder why?

What's the current status of the Adversary Proceeding against Clay?

1 year later
28
#18014 10 months ago
Quoted from Russo121:

The form 410 proof of claim has some questions i'm not sure about. Perhaps someone could shed light on how to properly fill it out?

Official Form 410 - Proof of Claim:

http://www.uscourts.gov/sites/default/files/form_b_410_16.pdf

2. Has this claim been acquired from someone else?

No, if you are the original customer of Skit-B Pinball. Yes, if you bought your claim from another Skit-B Pinball customer.

4. Does this claim amend one already filed?

Yes, if you already filed a Proof of Claim in this particular bankruptcy case. No, if this is your first Proof of Claim in this case.

5. Do you know if anyone else has filed a proof of claim for this claim?

No, if you don't know. Yes, if you do know.

6. Do you have any number you use to identify the debtor?

In a business transactions, this could be a Customer No. on an Accounts Receivable aging report.

9. Is all or part of the claim secured?

No, most individual claims against Kevin Kulek (the debtor in the BK case) for an undelivered Predator pinball machine are unsecured claims (i.e., not backed by a lien on specific assets, also known as "collateral"). Bank loans are often secured by specific assets (e.g., 2016 Ford F-150 XL Pickup Truck, Color: Blue Flame, VIN# XXXXXXXXXXXXXXXXX). Most individual claims are unsecured, and therefore have a general claim against the overall asset pool.

11. Is this claim subject to a right of setoff?

No, if you don't owe Kevin money. Yes, if you owe Kevin money that could be netted against the amount Kevin owes you.

12. Is all or part of the claim entitled to priority under 11 U.S.C. § 507(a)?

Yes. Section 507(a)(7) of the Bankruptcy Code gives a 7th priority to "allowed unsecured claims of individuals, to the extent of $̶1̶,̶8̶0̶0̶ $2,850* for each such individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided." [11 U.S.C. §507(a)(7)]

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title11/html/USCODE-2011-title11-chap5-subchapI-sec507.htm

*The initial $1,800 dollar amount in the original Bankruptcy Code has been increased numerous times over the years to compensate for inflation, and it was subsequently increased to $2,850 in 2016.

https://www.federalregister.gov/documents/2016/02/22/2016-03607/revision-of-certain-dollar-amounts-in-the-bankruptcy-code

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