Cadets and bankruptcy

[rjohn76]

Since last night I've seen a couple people familiar with Chapter 7 bankruptcy suggest that any remaining assets of CAE could be sold or auctioned by the bankruptcy trustee to satisfy debts.  While most physical assets have already been liquidated, there's other assets & intellectual property that could still carry some value (ex. the "cadets.org" domain is appraised at $2,500).  If the bankruptcy trustee determines that those assets are worthwhile enough to sell/auction, the purchaser/successor could be shielded from liability under the right circumstances. The United States District Court for the District of New Jersey (which supersedes any civil court rulings) has already ruled that liability doesn't automatically transfer to the successor unless the plaintiff can “establish that there is continuity in management, shareholders, personnel, physical location, assets, and general business operation between selling and purchasing corporations following the asset acquisition.” 

Given all of that, there is a chance the "Cadets" name resurfaces in some capacity down the road as a result of a sale/auction.  It wouldn't necessarily be as a drum corps or even in the marching arts.  The purchaser could be from a completely different line of business and envision using the Cadets name/domain/IP for something completely unrelated.

I'm not at all familiar with bankruptcy proceedings, so I can't vouch for the accuracy of any of the above. Just regurgitating some of what I've seen posted in other places from people that seemed knowledgeable.  If anyone else has anymore insight, feel free to clarify or enlighten me.

 

[KGTech]

21 minutes ago, rjohn76 said:

 “establish that there is NO continuity in management, shareholders, personnel, physical location, assets, and general business operation between selling and purchasing corporations following the asset acquisition.” 

Preserve the legacy and traditions that made them a great corps.  Start a new group which integrates those legacies and traditions into their program.  While not fully the same as having the Cadets around, this keeps some portion of their DNA, which is part of DCI's DNA, integrated into the Drum Corps activity.

Edited April 4 by KGTech
Add critical word

[year1buick]

8 minutes ago, KGTech said:

Preserve the legacy and traditions that made them a great corps.  Start a new group which integrates those legacies and traditions into their program.  While not fully the same as having the Cadets around, this keeps some portion of their DNA, which is part of DCI's DNA, integrated into the Drum Corps activity.

Problem is, along with the good DNA, it sounds like there were a fair amount of oncogenes as well. From what I’m reading, they were never really able to root it out.

Edited April 4 by year1buick

[craiga]

Apparently, the judge has warned them that any use of "Cadets", 1934, FHNSAB, Maroon & Gold etc, places them in the category of "Successor" organization, and jeopardy will be attached to them as well.  Don't forget, the plaintiff's attorney has already said he has several of the "Hopkins Women" lined up to represent once he concludes this case.  He is apparently known for suing railroads and it seems as though the "Cadets and its successors" are his next targets.

[Marched4years]

3 hours ago, Jeff Ream said:

i never said criminal. but the board allowed a culture where one person literally controlled everything. never called out on anything. if he said jump they asked how high.

This is 100% accurate. There was no oversight from the board, not just when it came to show design, but for the organization as a whole. How is a woman supposed to feel safe reporting sexual misconduct when emotional abuse in broad daylight was accepted and met with ‘well that’s just GH’. I have zero faith that if it was brought to their direct attention, they would have done anything other than ignore and sweep under the rug. If a victim is told ‘I have to stop doing this, I’m already in trouble with the board’ I’m betting they were not willing to make changes. There was a lawsuit filed, that was later withdrawn because the victim didn’t want to hurt the corps. The board did nothing, which in turn allowed other women to be sexually assaulted. 
 

For the ‘it happened 40 years ago’ crowd, the culture that allows this to happen then still existed well in to 2009 (the last I had direct contact with the organization) and maybe beyond. 
 

Is it ‘fair’ to alumni, fans, future members etc, well no, but life isn’t fair. The years of improper management caused this outcome, not the victim seeking justice. You can’t expect to allow this type of abuse and poor management for this long and never pay a price.  This happens to be the price. It’s not the same for every group, but these are the cards the cadets were dealt. The victim is well within the law to pursue this type of justice, if you don’t understand why she would want this, be thankful that you or someone you love wasn’t hurt to the degree that they feel they need to pursue this path. 
 

It seems a lot of fans forget this is a youth activity with large power differences in unusual situations. The protection of the performers should be of utmost importance, even if that means it comes before performance objectives. 
 

 

[Hook'emCavies]

There were a couple of coworkers that asked me what was going on with The Cadets..... I gave them the cliff notes and they were upset. 

In a way, this is like a Shakespeare story. Hopkins is responsible for pushing show design to high levels, winning championships, and folding arguably one of the greatest corps. 

I honestly have complete understanding for the ladies that were affected by this and don't blame them. 

As I matured, I grew to like this corps..... I think it's important to still remember the great times. It just stinks that this happened.... 

But I have to ask.... just why though? In my eyes Hopkin lived my dream. Why would someone do such a horrible thing and create such chaos? 

[LabMaster]

3 hours ago, MusicManNJ said:

Once the settlement discussion ended, so did the future of the corps. There was a donor who was going to pay the settlement. The plaintiff's lawyers made it clear they would pursue this to trial and would enjoin any perceived successor organization. The only thing left to do was the orderly unwinding of the organization and ensuring staff was paid, refunds for the 2024 audition season were made, purchased corps jackets delivered, and the passage of time to avoid the 90-day clawback period. Assets only started to be sold when the settlement discussions ended and it was clear bankruptcy was the only option. 

I thought I read and that it was confirmed, that assets were gone or returned months ago.  There was no money left and no new incoming revenue or plans for funding.  All of which preceded lawsuit progress.  The bankruptcy decision and notifications are more recent than the dissolution of assets and corps administration as well.

[arabica]

8 minutes ago, Hook'emCavies said:

But I have to ask.... just why though? In my eyes Hopkin lived my dream. Why would someone do such a horrible thing and create such chaos? 

Narcissism is a hell of a drug.

[scheherazadesghost]

16 minutes ago, Marched4years said:

This is 100% accurate. There was no oversight from the board, not just when it came to show design, but for the organization as a whole. How is a woman supposed to feel safe reporting sexual misconduct when emotional abuse in broad daylight was accepted and met with ‘well that’s just GH’. I have zero faith that if it was brought to their direct attention, they would have done anything other than ignore and sweep under the rug. If a victim is told ‘I have to stop doing this, I’m already in trouble with the board’ I’m betting they were not willing to make changes. There was a lawsuit filed, that was later withdrawn because the victim didn’t want to hurt the corps. The board did nothing, which in turn allowed other women to be sexually assaulted. 
 

For the ‘it happened 40 years ago’ crowd, the culture that allows this to happen then still existed well in to 2009 (the last I had direct contact with the organization) and maybe beyond. 
 

Is it ‘fair’ to alumni, fans, future members etc, well no, but life isn’t fair. The years of improper management caused this outcome, not the victim seeking justice. You can’t expect to allow this type of abuse and poor management for this long and never pay a price.  This happens to be the price. It’s not the same for every group, but these are the cards the cadets were dealt. The victim is well within the law to pursue this type of justice, if you don’t understand why she would want this, be thankful that you or someone you love wasn’t hurt to the degree that they feel they need to pursue this path. 
 

It seems a lot of fans forget this is a youth activity with large power differences in unusual situations. The protection of the performers should be of utmost importance, even if that means it comes before performance objectives. 
 

 

I'm endlessly grateful for your perspective here. Thank you. And I'm sorry for what you endured.

[LabMaster]

8 minutes ago, Hook'emCavies said:

There were a couple of coworkers that asked me what was going on with The Cadets..... I gave them the cliff notes and they were upset. 

In a way, this is like a Shakespeare story. Hopkins is responsible for pushing show design to high levels, winning championships, and folding arguably one of the greatest corps. 

I honestly have complete understanding for the ladies that were affected by this and don't blame them. 

As I matured, I grew to like this corps..... I think it's important to still remember the great times. It just stinks that this happened.... 

But I have to ask.... just why though? In my eyes Hopkin lived my dream. Why would someone do such a horrible thing and create such chaos? 

Perverted Narcissism, Hubris, Power.