I'm not in law either, but I think KBM will stick with the Iglow argument that HJOE signed the papers with no arm twisting and knew what they were getting into. What I don't think a judge will buy is the interest rates and I think that's where HJOE is trying to go with this. They can say, "yeah we were stupid for signing the loan and we were desperate to keep operations going, but they said they'd help us pay the loan, wouldn't convert and not to worry about the interest." If the judge is in a pissy mood and women tend to be (sorry ladies), she may just look at the interest and say, "this is usary in NY, I don't care what the idiots at HJOE signed, you can't charge that kind of interest. Summary judgement for HJOE." I can see that potentially happening, but can also see the counter from KBM for summary and round and round we go.
I can also see HJOE saying, "OK, no summary, well here are the discovery documents stating that KBM said don't worry about it, and what else are we supposed to go on." Most of what I stated is in the counter now, so it would seem HJOE has some interesting documents on KBM. Like others I believe the further this goes, the more danger to KBM. A loss for them will destroy their operations for good along with other loan sharks. If they're smart, they'll complete an NDA settlement grab a few more bucks from HJOE and mosey on to destroy other pennies that don't have the toughness to fight back. This case is a more slippery slope for them then it is for us. All JMHO.
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