[GTALUG] Free Linux VMs

[Russell Reiter]

On Mon, May 11, 2020 at 8:11 AM Alvin Starr via talk <talk at gtalug.org> wrote:
>
> On 5/10/20 10:50 PM, Howard Gibson wrote:
> > [snip]
> >> The NCIX one is not surprising because the bankruptcy lawyers have no
> >> idea of what they have and don't have any responsibility to guard public
> >> privacy.
> > Alvin,
> >
> >     I recall hearing on the news about some guy who bought an old computer with the UNIX source code on it.  That must have been the incident.
> >
> >     I posted that story about NCIX on an engineering forum, and we discussed the ethics of it.  To hell with lawyers.  You are the landlord, and you have not been paid rent, and you have padlocked the place.  Somebody offers you $10K for the servers.  You are a low tech person.  You have a mortgage.  What do you do?  Do you have any obligations to honour NDAs?  Do you have any clue of how to search hard drives for sensitive information?  Is it ethical for you to do so?
> >
> Its not quite that simple.
> I understand the desire to want to do something to recoup your losses
> but selling the assets of someone else is not the answer.

This is a pretty good read on that subject.

https://www.mindengross.com/docs/articles/landlord-as-creditor---what-remedies-are-available---timothy-dunn-and-glenn-lewis-(may-05)

I actually use to go to quite a lot of bankrupt liquidations. They
were usually held on the leased premises because commercial leases
aren't necessarily easy to break, or administer for that matter.
Although sometimes short forms of leases are used, as in the case with
property conveyancing in Ontario.

Here's the part of the link dealing with chattels.

Generally Speaking:
(i) except for chattels on the premises which are subject to a true
lease (a lease which is not in the nature of a financing arrangement),
the race is to the swiftest; in other words, priority goes to the
party who first seizes the chattels; however, it must be noted that
the Ontario Court of Appeal has held that a landlord’s distress
completed within three (3) months of a tenant’s bankruptcy, amounts to
a “fraudulent preference”, and that the proceeds of the distress
belong to the trustee in bankruptcy, leaving the landlord with merely
a preferred claim under the Bankruptcy and Insolvency Act (Canada).
This finding can potentially require a landlord that otherwise
successfully completed a distress to repay the proceeds therefrom to
the trustee of the bankrupt, which severely limits the efficacy of
this remedy. If a tenant becomes bankrupt before the landlord
completes its distraint or within three (3) months of the landlord’s
completion of the distraint, the landlord’s claim for distress will be
defeated in the chattels or proceeds from the sales of the chattels,
which chattels vest in the trustee. This results in wasted time,
effort and expense on the landlord’s part. (ii) with respect to
chattels leased pursuant to a true lease, title to the chattels is in
the lessor and the landlord cannot gain priority by seizing the
chattels.


>
> So you are the Landlord and you have not been paid and have the place
> padlocked and someone offers you $10K for the computers and equipment in
> that doctors office???
> You may be a low tech person with a mortgage but you will likely know
> that that will end badly.
>
> Or its a garage rental. Do you sell the guys Ferrari for the back rent?
> Now that would be tempting but likely as not that would also end badly.
>
> I have been on the side of being the aggrieved person who is owed cash
> and I do know the feeling of anger and wanting to strike out but after
> hours on the phone with a lawyer friend I was told I needed to learn to
> live with it or find a new way to make a livelihood.
>
>
> --
> Alvin Starr                   ||   land:  (647)478-6285
> Netvel Inc.                   ||   Cell:  (416)806-0133
> alvin at netvel.net              ||
>
> ---
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--
Russell