Wine Care Storage Clients,
You may have recently received the monthly operating statement from Wine Care Storage. There are a number of curious aspects of the statement. However, let's focus on page 17 which lists insurance. You will note that they have general liability insurance which costs $1,600 a month. So where is the specific insurance to cover 33,000 cases of Wine?
In any event, not one person has offered to pay even $1.00 towards the cost of a bankruptcy lawyer.
Regards,
Alan Ballinger
Wednesday, April 24, 2013
Thursday, April 18, 2013
Wine Care Storage Clients - Call to Action
As I mentioned in my previous blog, I have retained an experienced bankruptcy counsel. My goal is to take the debtor's deposition and under oath get the following:
1. Statement concerning the state of our wines;
2. Copies of any insurance policies; and
3. Schedule an inspection.
My counsel has indicated that the deposition and court filings will cost approximately $10,000. If you are willing to join this action please make a check payable to Michael Seese, Esq. and send it to my office: 375 Park Avenue, Suite 2607, NYC 10152 Attn: Alan Ballinger. If we get reasonably close to $10,000, I will move forward. Otherwise, I will return your checks.
Regards,
Alan
As I mentioned in my previous blog, I have retained an experienced bankruptcy counsel. My goal is to take the debtor's deposition and under oath get the following:
1. Statement concerning the state of our wines;
2. Copies of any insurance policies; and
3. Schedule an inspection.
My counsel has indicated that the deposition and court filings will cost approximately $10,000. If you are willing to join this action please make a check payable to Michael Seese, Esq. and send it to my office: 375 Park Avenue, Suite 2607, NYC 10152 Attn: Alan Ballinger. If we get reasonably close to $10,000, I will move forward. Otherwise, I will return your checks.
Regards,
Alan
Friday, April 5, 2013
Wednesday, February 27, 2013
Dear Wine Owners,
The wine care litigation blog has received more than 2,500 hits. I have received numerous responses from affected wine owners who would like to join the litigation. However, not one person has volunteered to contribute a red cent to the litigation effort.
Unless I receive a number of responses from owners by a week from today, I am going to cease my efforts at joint litigation and pursue my own course of action.
Regards,
Alan
The wine care litigation blog has received more than 2,500 hits. I have received numerous responses from affected wine owners who would like to join the litigation. However, not one person has volunteered to contribute a red cent to the litigation effort.
Unless I receive a number of responses from owners by a week from today, I am going to cease my efforts at joint litigation and pursue my own course of action.
Regards,
Alan
Saturday, February 23, 2013
Hi Wine Owners,
The latest note from Derek Linbacher is a crock of bs.
I for one am tired of his silly and whining statements.
My suggestion is that the readers of this blog and Winebeserkers should get together and sue the crap out of Linbacher for fraud which is not dischargeable in bankruptcy.
1. Until such time as Linbacher permits an inspection by an independent group, all of his statements are just hot air;
2. His statement that only 5% of the cases are missing labels is not subject to independent verification and as such is just hot air;
3. Where is the insurance policy or policies covering our wine? Make a copy of the policy or policies available to an independent group - this blog or Winebeserkers.
Again, any of you who are interested, I strongly recommend that we hire independent counsel and go after Linbacher in the bankruptcy case. Until such time as we go after him, he is just going to put more hot air out there.
Regards,
Alan
The latest note from Derek Linbacher is a crock of bs.
I for one am tired of his silly and whining statements.
My suggestion is that the readers of this blog and Winebeserkers should get together and sue the crap out of Linbacher for fraud which is not dischargeable in bankruptcy.
1. Until such time as Linbacher permits an inspection by an independent group, all of his statements are just hot air;
2. His statement that only 5% of the cases are missing labels is not subject to independent verification and as such is just hot air;
3. Where is the insurance policy or policies covering our wine? Make a copy of the policy or policies available to an independent group - this blog or Winebeserkers.
Again, any of you who are interested, I strongly recommend that we hire independent counsel and go after Linbacher in the bankruptcy case. Until such time as we go after him, he is just going to put more hot air out there.
Regards,
Alan
Friday, February 15, 2013
A telling story:
A wine merchant that I know was invited by Derek Linbacher to tour the facility. This wine merchant has no wine stored at Wine Care Storage. In fact, the wine merchant said that based on this invitation, one should give Wine Care Storeage the benefit of the doubt.
He showed up at the appointed hour for a tour. He was asked to sign a confidentiality document by a lawyer who was outside the door. The agreement would have prevented the wine merchant from disclosing any information about the tour or what he saw to any other party.
What was the point in inviting the wine merchant for a tour?
It would appear that Mr. Linbacher is engaged in an elaborate game of hide and seek. He should remember that the Bankruptcy Court is a court of equity. While the debtor is given great latitude, the debtor is supposed to be forthcoming. The time is running out for Mr. Linbacher.
At this juncture, one can now see the glass as half empty or perhaps empty.
A wine merchant that I know was invited by Derek Linbacher to tour the facility. This wine merchant has no wine stored at Wine Care Storage. In fact, the wine merchant said that based on this invitation, one should give Wine Care Storeage the benefit of the doubt.
He showed up at the appointed hour for a tour. He was asked to sign a confidentiality document by a lawyer who was outside the door. The agreement would have prevented the wine merchant from disclosing any information about the tour or what he saw to any other party.
What was the point in inviting the wine merchant for a tour?
It would appear that Mr. Linbacher is engaged in an elaborate game of hide and seek. He should remember that the Bankruptcy Court is a court of equity. While the debtor is given great latitude, the debtor is supposed to be forthcoming. The time is running out for Mr. Linbacher.
At this juncture, one can now see the glass as half empty or perhaps empty.
Saturday, February 9, 2013
I listened to part of the discussion by Samantha Carrington the other day. I was unconvinced and found it to be part of the ruse that Wine Care Storage (WCS) is perpetrating:
1. We should be hearing from Derek Linbacher and not some person who does not have an official affiliation with the firm as per their website;
2. If WCS has nothing to hide, I would propose they take the following actions:
a. Permit a designated number of WCS customers to inspect the facility. I for one do not believe that our wine is being stored at proper temperatures or that there was minimal damage;
b. Provide copies of all insurance policies. This could be given to designated representatives of WCS customers. I for one do not believe that WCS maintained the required insurance; and
c. Submit to deposition as required by the Judge in the Phillip Waterman pre-trial discovery action.
The failure of WCS to take the above actions is indicative of the fraud that is being perpetrated on WCS customers. It was a cowardly act of Derek Linbacher to file in bankruptcy to avert his obligations - an inspection of the facility and our wines, furnishing copies of the insurance policy and personal deposition. While Ms. Carrington is attempting to elicit sympathy for WCS, we should hold them in contempt for their brazen failure to come clean with the true state of facts
1. We should be hearing from Derek Linbacher and not some person who does not have an official affiliation with the firm as per their website;
2. If WCS has nothing to hide, I would propose they take the following actions:
a. Permit a designated number of WCS customers to inspect the facility. I for one do not believe that our wine is being stored at proper temperatures or that there was minimal damage;
b. Provide copies of all insurance policies. This could be given to designated representatives of WCS customers. I for one do not believe that WCS maintained the required insurance; and
c. Submit to deposition as required by the Judge in the Phillip Waterman pre-trial discovery action.
The failure of WCS to take the above actions is indicative of the fraud that is being perpetrated on WCS customers. It was a cowardly act of Derek Linbacher to file in bankruptcy to avert his obligations - an inspection of the facility and our wines, furnishing copies of the insurance policy and personal deposition. While Ms. Carrington is attempting to elicit sympathy for WCS, we should hold them in contempt for their brazen failure to come clean with the true state of facts
Tuesday, February 5, 2013
The proposed conference call from Samantha Carrington of Wine Care raises a number of questions.
First, who is Ms. Carrington? She appears no where in the Wine Care materials that are on line.
Of greater significance is that the conference call may well be nothing more than a ploy to deflect focus on the bad conduct of Wine Care and its principals.
If Wine Care were serious about addressing the issues, they would take the following actions:
a. Permit a committee of storage customers to inspect the premises;
b. Provide copies of all applicable insurance policies; and
c. Have Linbacher submit to depositions by an attorney of the committees choosing. It is patently absurd to rely on their facile statements. We need statements under oath.
Finally, I would propose that in lieu of sending payments to Wine Care we put the money in an attorney's escrow account.
First, who is Ms. Carrington? She appears no where in the Wine Care materials that are on line.
Of greater significance is that the conference call may well be nothing more than a ploy to deflect focus on the bad conduct of Wine Care and its principals.
If Wine Care were serious about addressing the issues, they would take the following actions:
a. Permit a committee of storage customers to inspect the premises;
b. Provide copies of all applicable insurance policies; and
c. Have Linbacher submit to depositions by an attorney of the committees choosing. It is patently absurd to rely on their facile statements. We need statements under oath.
Finally, I would propose that in lieu of sending payments to Wine Care we put the money in an attorney's escrow account.
Sunday, February 3, 2013
I have started the process of speaking with bankruptcy counsel for representation in the Wine Care Storage mess. In a couple of days, I will have some names to propose.
I believe that we will have the most leverage in the committee for unsecured creditors if we are as large a group as possible. One thought is that we might have a voluntary assessment based on the number of cases in storage:
1- 25 cases $750
26-50 cases $1,000
51-75 cases $1,250
76-100 cases $1,500
101+ cases $1,500
The goal would be to have at least 25 members in the group and to collect $25,000. We would ask one person to act as the Treasurer and another as the Secretary in addition to myself.
Friday, February 1, 2013
A number of Wine Care Storage customers have written to me saying that they would like to be included in the litigation. Now that Wine Care Storage has filed in Chapter 11, it would be prudent for our group to do a number of things:
1. I will with your backing seek representation on the unsecured creditors committee; and
2. If I am on the committee, I will seek to have bankruptcy counsel retained to represent our collective interests. It may even be that the costs of such representation will be paid by the estate of the debtor.
In order to effect the foregoing, I need you to write me at this blog and express your approval of my being on the committee. The selection for the committee is a matter of discretion for the Bankruptcy Trustee.
In advance, I thank you for your support.
Respectfully,
Alan Ballinger
Wednesday, January 30, 2013
Wine Care Storage as previously noted has filed in Chapter 11. In Chapter 11, the debtor, Wine Care, can be relieved of its obligations - i.e. storage and insurance obligations to its customers. However, Wine Care will not be discharged from its obligations if fraud can be show. For example, if an owner of wine selected premium service and Wine Care failed to buy insurance in the amount requested, this could well be fraud.
Chapter 11 is a forum that is friendly to the debtor. Wine Care Storage will have more leeway to attempt to avoid its rightful obligations to its customers. This was an expected turn of events and demonstrates the fundamental bad faith of Derek Linbacher and Samanatha Carrington.
Chapter 11 is a forum that is friendly to the debtor. Wine Care Storage will have more leeway to attempt to avoid its rightful obligations to its customers. This was an expected turn of events and demonstrates the fundamental bad faith of Derek Linbacher and Samanatha Carrington.
Once again insult has been added to injury. Wine Care Storage has filed in bankruptcy.
The Supreme Court Judge in the Phillip Waterman had ordered that documents and inspection take place by the end of this month. It is very curious that Derek Linbacher has not produced the insurance documents evidencing that the wines were insured and allowing inspection. In addition, he was disposed.
This matter smells of fraud on numerous levels. The wine care customers should be a force in the bankruptcy case.
The Supreme Court Judge in the Phillip Waterman had ordered that documents and inspection take place by the end of this month. It is very curious that Derek Linbacher has not produced the insurance documents evidencing that the wines were insured and allowing inspection. In addition, he was disposed.
This matter smells of fraud on numerous levels. The wine care customers should be a force in the bankruptcy case.
Thursday, January 24, 2013
A number of wine owners have written that they want to join the litigation against Wine Care Storage. I have to remind affected Wine Owners that we have to accomplish a number of tasks before litigation is commenced:
1. Select a lawyer
2. Come up with a formula to pay the lawyer.
3. Create a committee of owners to represent the interest of wine owners at large. It is impractical to have to get the consent of each and every owner for every decision that will be taken in the context of any litigation.
We need to have a dialogue about these elements.
1. Select a lawyer
2. Come up with a formula to pay the lawyer.
3. Create a committee of owners to represent the interest of wine owners at large. It is impractical to have to get the consent of each and every owner for every decision that will be taken in the context of any litigation.
We need to have a dialogue about these elements.
Saturday, January 19, 2013
A number of Wine Care Storage clients have written me and asked how they could join the litigation.
Please note at the present time, I have not commenced litigation. Mr. Phillip Waterman III has brought an action seeking information and inspection.
I would propose to the group that we retain litigation counsel to pursue our claims against Wine Care Storage. While my wife is a litigation lawyer with her own practice, we are not comfortable representing a group of claimants. We believe that the better way to proceed is to hire third party counsel. By having a large group of claimants, we should be able to hold the costs down.
It seems to me that there are two distinct groups of claimants - those wine storage customers who purchased premium insurance and those who did not. Otherwise, I believe that every one is in the same boat that is "under water".
If any one who has a suggestion for litigation counsel, please make a comment on this blog. In my view the ideal counsel would be from a small firm who would be willing to do this on reasonable hourly rates and/ or on a capped basis. In a future post, I will make some suggestions as to potential lawyers.
Please note at the present time, I have not commenced litigation. Mr. Phillip Waterman III has brought an action seeking information and inspection.
I would propose to the group that we retain litigation counsel to pursue our claims against Wine Care Storage. While my wife is a litigation lawyer with her own practice, we are not comfortable representing a group of claimants. We believe that the better way to proceed is to hire third party counsel. By having a large group of claimants, we should be able to hold the costs down.
It seems to me that there are two distinct groups of claimants - those wine storage customers who purchased premium insurance and those who did not. Otherwise, I believe that every one is in the same boat that is "under water".
If any one who has a suggestion for litigation counsel, please make a comment on this blog. In my view the ideal counsel would be from a small firm who would be willing to do this on reasonable hourly rates and/ or on a capped basis. In a future post, I will make some suggestions as to potential lawyers.
Friday, January 18, 2013
To add insult to injury, I received my monthly bill from Wine Care for storage.
You will pardon my language but this is really "brass balls" to charge for this incredible miscarriage of justice. The wine has most likely been ruined and they are charging us for the privilege of not being permitted to access the wine.
While Wine Care has sent out a number of emails concerning the status of their progress, I was shocked to learn at the hearing in Court that the Environmental Protection Agency ordered the facility closed. I reviewed the emails and there is no mention of this fact. A small omission or more likely an intentional misstatement.
You will pardon my language but this is really "brass balls" to charge for this incredible miscarriage of justice. The wine has most likely been ruined and they are charging us for the privilege of not being permitted to access the wine.
While Wine Care has sent out a number of emails concerning the status of their progress, I was shocked to learn at the hearing in Court that the Environmental Protection Agency ordered the facility closed. I reviewed the emails and there is no mention of this fact. A small omission or more likely an intentional misstatement.
Thursday, January 17, 2013
There was a hearing in Supreme Court yesterday on Mr. Waterman's motion for "discovery" concerning various issues relating to Wine Care Storage.
The Judge granted all of Mr. Watermans requests:
1. Mr. Waterman will be allowed to inspect the premises where the wine has been stored;
2. Wine Care Storage is required to turn over to Mr. Waterman documentation related to the insurance of the customer's wines and other storm related documentation. Note: The Environmental Protection Agency required Wine Care Storage to vacate the space that it was occupying; and
3. Counsel for Mr. Waterman may depose Wine Care Storage.
The foregoing is to take place within the next two to three weeks.
Counsel for Mr. Waterman has agreed to furnish copies to me of all of the documents that they receive. I will post these materials on the blog as soon as I receive it.
The Judge granted all of Mr. Watermans requests:
1. Mr. Waterman will be allowed to inspect the premises where the wine has been stored;
2. Wine Care Storage is required to turn over to Mr. Waterman documentation related to the insurance of the customer's wines and other storm related documentation. Note: The Environmental Protection Agency required Wine Care Storage to vacate the space that it was occupying; and
3. Counsel for Mr. Waterman may depose Wine Care Storage.
The foregoing is to take place within the next two to three weeks.
Counsel for Mr. Waterman has agreed to furnish copies to me of all of the documents that they receive. I will post these materials on the blog as soon as I receive it.
Wednesday, January 9, 2013
Wine care customers:
In preparation for the court hearing on January 16th, please share information with us:
1. Number of bottles stored at Wincare
2. Area of focus
3. Estimated value
4. Premium or regular customer
After the hearing I will share any information that we learn at the hearing on this blog
In preparation for the court hearing on January 16th, please share information with us:
1. Number of bottles stored at Wincare
2. Area of focus
3. Estimated value
4. Premium or regular customer
After the hearing I will share any information that we learn at the hearing on this blog
Tuesday, January 8, 2013
Wednesday, January 2, 2013
Greetings to all wine lovers,
If you had your wine in storage Wine Care at their location on West 28th Street in NYC, we are trying to form a group of owners who have been affected by Hurricane Sandy.
The purpose of the group is to go after the company. One wine owner, Philip Waterman III, has commenced an action against Wine Care. My wife who is a lawyer is considering suing on my behalf. We believe that there are many other owners who are similarly affected by the evasive responses of Wine Care. We believe that if we can act as a group that we will be more effective in achieving a favorable result.
We look forward to hearing from you.
Regards,
Alan Ballinger
If you had your wine in storage Wine Care at their location on West 28th Street in NYC, we are trying to form a group of owners who have been affected by Hurricane Sandy.
The purpose of the group is to go after the company. One wine owner, Philip Waterman III, has commenced an action against Wine Care. My wife who is a lawyer is considering suing on my behalf. We believe that there are many other owners who are similarly affected by the evasive responses of Wine Care. We believe that if we can act as a group that we will be more effective in achieving a favorable result.
We look forward to hearing from you.
Regards,
Alan Ballinger
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