Phase 5's Application for Insolvency - Several Questions

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Phase 5's Application for Insolvency - Several Questions - 02/15/2000

Deutsch

Several questions were raised by Phase5 digital products' application for insolvency, which we have sent by Fax to the provisional receiver, Mrs. Angelika Amend on February 10., 2000.

At first the questions we have submitted:

Many users have sent in devices (CPU boards, etc.) to Phase 5 for repair. Some of these under terms of guarantee, but some also liable for costs. What can those users do to get their boards back as soon as possible (repaired or not)?

Subject: Prepaiments for preordered G3/G4 boards.
If we are informed properly, prepayments were made against the background that those payments will be effected to an account in trust. Such a statement was made by Phase 5 in the media back then to make sure that the customers would get back their money, if those boards would be never released (whatever the reason). Was the money of those customers actualy effected to an account in trust, or are those payments possibly part of the insolvency procedure?

We have heard from several sources Phase 5 would consist of two companies. One a Ltd. (associates are not known by me) and the other one an association of common law between Wolf Dietrich and Gerald Karda. This brings up a question, which of these companies has made the application for insolvency. Unfortuantly, one could not find out the form of the association from the letter on which the recieved press release was written.

How will a user come to know if the insolvency proceedings have been disclosed, so that potentially aggrieved people are able to log on their rights?

Answer from 15.02.2000

Today we recieved the following answers, which we mirror here word by word:

Angelika Amend, Lawyer
Am Aufstieg 10
61476 Kronberg im Taunus
Fax-Nr. 06173/940342

amiga-news.de
Petra Struck

15. Februar 2000
aa/gh - phase-006 Please, qoute allways

Insolvency proceedings for Phase 5 digital products

Dear Mrs. Petra Struck,

in response to your writing from 02/10/2000.

At present the users only can wait and see, if insolvency proceedings will be disclosed. Because the suspended business activities there are currently no repairs made etc. The users should solely denounce thier pretensions with the signatory. Up to now the signatory does not know about an account in trust.

Insolvency proceedings are pending only for the acquirements of the association of common law, existing of Wolf Dietrich and Gerald Carda. The users are creditors of the association, so they will be informed about the disclosure of insolvency proceedings.

Sincerely yours

Angelika Amend
Lawyer
provisional receiver
[signature]

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