Peter L. McGuire | Sun Journal
Oxford Aviation, based at the Oxford Canton Regional Airport in Oxford.
PARIS, Maine — In an accomplishment to apprehend the boot of Oxford Aerodynamics from its headquarters, President James Horowitz has transferred the aggregation to himself and filed for claimed bankruptcy.
On Nov. 12, Horowitz active over all property, assets, account and addressee interests captivated by Oxford Aerodynamics to himself for $1, again filed for Chapter 13 bankruptcy.
Prior to the defalcation filing, Oxford Aerodynamics was adverse a forcible-entry-and-detainer complaint from Oxford County, which is aggravating to adios the aggregation from the 40,000-square-foot ability it rents at the Oxford Canton Regional Airport in Oxford. Forcible access and detainer is the academic name for an boot audition in commune court.
In the complaint, filed aftermost month, Oxford Canton claims the aggregation breached at atomic 11 agreement of the charter it active with the Canton Commission beneath than a year ago.
That complaint, as able-bodied as at atomic two added lawsuits adjoin the company, could become angry up in defalcation court.
The company, which claims to apply up to 60 workers, was founded in 1989. It refurbishes, repaints and aliment aircraft.
Attorney George Marcus, who represents Horowitz, said Wednesday the defalcation was filed to avoid off the county’s suit.
“In adjustment to stop that proceeding and bottle the amount of the lease, Mr. Horowitz acquainted he bare to booty this step,”Marcus said. “The ambition is to advertise the aggregation as a whole, to a buyer, and use the proceeds, hopefully, to pay creditors down.”
Unlike some added forms of defalcation filings, Chapter 13 allows a debtor to absorb some assets and to accord debts over a aeon of years.
The aggregation is commutual the assignment it has centralized and will not undertake new assignment awaiting the aftereffect of the proceeding, Marcus said.
Reached by buzz at the company’s offices Wednesday, Horowitz beneath to animadversion on the bankruptcy.
According to Horowitz’s filing, he has 50 to 99 creditors. Horowitz lists $500,000 to $1 actor in both estimated assets and estimated liabilities.
Along with his defalcation filing, Horowitz is allurement to move Oxford County’s forcible-entry-and-detainer clothing from 11th Commune Cloister in Paris to the U.S. Defalcation Cloister in Portland.
However, aural a day of the defalcation filing, the cloister alternate a apprehension to accede and ordered Horowitz to accommodate 21 abstracts that were either not provided with his antecedent filing or were obsolete.
Three of the documents, including a account of creditors, are due to the cloister by Nov. 19. Added documents, including a aggregate account of assets and liabilities and a account of accepted account income, are due Nov. 26.
If the missing abstracts are not provided, the cloister intends to aish the defalcation case.
According to Marcus, filing an abridged defalcation anatomy isn’t out of the ordinary. His appointment intends to accept all of the pertinent abstracts to the cloister by the filing deadlines.
How Horowitz’s awaiting defalcation will affect added apparel adjoin him was uncertain.
A adjudicator in 11th Commune Cloister backward activity on the county’s boot clothing at a audition Wednesday morning, awaiting resolution of the case in defalcation court.
Speaking afterwards the audition Wednesday, Canton Administrator Scott Cole questioned the authority of the defalcation filing, claiming the agreement of the charter anticipate Horowitz from appointment it after the Canton Commission’s consent.
“The reassignment of the charter from Oxford Aerodynamics by President Jim Horowitz to Jim Horowitz the alone is not acceptable after the county’s consent, and the canton was never asked,” Cole said.
He said the canton intends to booty up the amount with the defalcation court.
The canton and Horowitz accept had a acerb accord for years. In 2010, the two parties assuredly acclimatized a diffuse accusation apropos architecture maintenance. Three years later, the two active a new charter that gave Horowitz chargeless hire but fabricated him amenable for the amount of advancement the accessories it leases at the airport on Number Six Road and for appointment annual aliment annal to the Canton Commission.
Cole hoped a altered aggregation could use the airport amplitude for adjustment and face-lifting services.
“We appetite that blazon of business to advance there and accomplish acceptable use of the buildings,” he said.
Oxford Aerodynamics is additionally adverse an boot clothing from Community Concepts Finance Corp. for added than $62,500 in assets Horowitz put up as accessory for a 1996 accommodation that was never repaid, according to the complaint.
Community Concepts Finance Corp.’s attorney, David Dubord, did not acknowledge to a bulletin larboard Wednesday afternoon, but Marcus (Horowitz’s attorney) said the defalcation filing would affect the case because the assets in catechism would be beneath the administration of the defalcation court.
It was cryptic how the defalcation would affect lawsuits filed in U.S. Commune Cloister in August by Joseph Skilken and Aggregation and Karen Skilken of Columbus, Ohio.
The brace is claiming added than $674,000 in amercement from an adventure in which they affirmation the aggregation bootless to appropriately reattach allotment of the appendage of their plane, causing an emergency landing in Colorado Springs, Colo., in May. In September, the cloister disqualified that Oxford Aerodynamics was in absence in the case.
Marcus said he was alien with the Skilken case and did not apperceive how the defalcation would affect it. Contacted Wednesday, David Bertoni, an advocate for the defendants, said he was blind Horowitz had filed for defalcation and was borderline what address it would accept on his client’s case.
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