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Replies: 456 / Views: 102,012 |
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New Member
2 Posts |
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As a legal matter, the Bank only has a security interest in the assets of Regency. The assets of Regency do not include consignment proceeds. In my case, both the Bank and Regency admit that the consignment proceeds are my property. The real issue is where the money went. Either the Bank or Regency used/took property that was not lawfully theirs. The problem is how to prove that if money is fungible and funds were comingled. Even if I have a strong legal claim the real question is whether it is worth pursuing costly litigation if at the end of the day the party at fault may be in bankruptcy. |
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New Member
United States
2 Posts |
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As a person who lost money on items sold from Auctions in November 2016 and January 2017 while making numerous complaints to both State and Federal Government agencies, I have come to the conclusion 80 % operations such as these operate on 40 % hype, 40 % on the back consignors and the other 40 % on hope that neither the buyer or seller catch on the Madoff Regency ran for the 18 months.
Hundreds and Thousands of people have been hurt by this Auction and there was no one willing to investigate honest complaints....
The sign of the times we live in.
Honesty, moral character and fairness is being practiced less and less these days.
CDJ |
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Pillar Of The Community
3859 Posts |
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Pillar Of The Community

United States
4426 Posts |
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Quote: Honesty, moral character and fairness is being practiced less and less these days. I do not know enough to make judgments in this case but I will say thanks to communication via the Internet we know a lot more of what is going than we did in the past and making it appear that things have changed. Much has been like this but we just never saw it. The fact is you will not read a lot of the story in the traditional philatelic media sources. It gives auctioneers a bad name (whether true or not) and they are heavy advertisers. |
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Al |
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Valued Member
25 Posts |
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I have been in contact with Linn's requesting they do a follow up article to Kols' early May "nice guy" article. After a couple back and forth email, here's their response.
"We will report on the problems at Regency-Superior in an upcoming issue of Linn's. Thank you for calling our attention to this matter and for providing the statement from their attorney." The attorney statement they are referring to, I had posted in this forum earlier.
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Pillar Of The Community
United States
6433 Posts |
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It will be interesting to see what they actually report... my cynical nature makes me think it will either be a puff piece or a 2-3 sentence mention. |
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Pillar Of The Community

United States
856 Posts |
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Quote: ...it will either be a puff piece or a 2-3 sentence mention. Totally agree. We'll see. It's hard to believe Linn's Stamp News was seemingly unaware of the issue until pressed to address it. |
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Pillar Of The Community
United States
6433 Posts |
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From the Editor's Insights column in the next Linn's: Quote: Two letters in this week's Letters to Linn's point out the heartbreaking impact the closing of Regency-Superior Auctions has had not only on the auction house's owners, David and Penney Kols, but also on collectors who consigned material to the company's auctions.
The closing has been devastating to some collectors who consigned stamps that ultimately were sold by Regency-Superior but for which the consignor received no payment.
A reader sent to Linn's an email that he received from the Kols' attorney, David M. Dare of Herren, Dare & Streett in St. Louis, Mo. In the email, Dare states, "Regency has ceased operations and does not have any assets. Their senior secured lender has taken possession of all of its collateral and is liquidating all of the assets to pay down Regency's debt to that bank.
"The most likely scenario is that the senior secured lender will take a substantial, million dollar plus, loss on its loan to Regency. There are other lenders with a security interest in the assets of Regency who will probably receive nothing. …"
The unfortunate consignors likely spent many years of their lives building treasured collections. They consigned the collections to a respected auction house, with the expectation to receive fair compensation for the items that were sold. Instead, their stamps have gone on to new owners who paid for their purchases, and the consignors are left with nothing.
It is a tragic set of circumstances for the Kols family, who are struggling with David's ongoing health problems, but also for collectors who consigned their prize possessions and received nothing in return.
Linn's will continue to follow this story, but bankruptcy proceedings can last for many years, and the consignors whose stamps were sold will likely never be made whole. Personally, I HATE this writeup. It's written to paint David Kols as an innocent bystander in all of this who was harmed just as much (or more) than the consigners, when it was his business practices that ultimately caused this mess to begin with. The health problems don't justify or condone the reckless (and possibly criminal) actions that occurred long before the health problems ensued. UGH! |
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| Edited by revenuecollector - 06/17/2017 4:07 pm |
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Pillar Of The Community

United States
856 Posts |
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Pillar Of The Community
United States
1033 Posts |
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I don't like this write up in Linn's. I had same reaction. It almost tries to justify ripping off of consignors because of health issues. It's poorly written. Not a fan. I believe I purchased 2 items from regency in last 2 years. I feel somewhat guilty owning the items if consignors didn't get paid. |
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Pillar Of The Community
Canada
707 Posts |
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@rwpommer
Please look up right of set off on deposits that a financial institutions has on deposits for a debt in default.
They have this right unless it is an actual trust account, which I am sure it is not. |
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Pillar Of The Community
United States
6433 Posts |
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Normally I don't submit a reply to Linn's when I read opinion I disagree with, but this time I felt I had to. I just sent off the following: Quote: I hesitated writing this email, but ultimately I felt I had to say something. I mean no disrespect, but in my opinion your commentary in the newest Linn's is either misguided or poorly written.
There is an implication that David Kols is somehow an innocent bystander in all of this who was as much (or more so ) a victim as his consignors, when in fact it was his business practices that ultimately caused this mess to begin with.
The reckless (and possibly criminal) actions that began long before the health problems ensued cannot now be justified or condoned just because he is currently in poor health.
I have read reactions of two other philatelists since this morning's release, and their reaction mirrors my own.
I realize that one doesn't want to "pile on" someone who is experiencing major health issues, but one cannot whitewash events in an effort to make things easier on a tragic figure when it is their very behavior that is at question.
In my opinion, if not criticizing David Kols due to his health problems was so important, I think it would have been better to say nothing at all publicly than what was actually said. Categorizing David Kols as just another victim in this situation actually does a disservice to the people who were legitimately harmed by his business practices and the manner in which the business was terminated. |
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Pillar Of The Community
United States
1851 Posts |
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The right of setoff applies to funds on deposit at the bank, but the attorney's statement goes beyond that, saying that the bank is liquidating assets of the company. I thought it had to go through foreclosure on its secured interest before doing that, but I guess the loan contract between the bank and Regency allows the bank to skip court proceedings, seize and liquidate everything.
An interesting legal question is whether Kols, Regency or the bank owed a fiduciary duty to the consignors--who after all entrusted their property directly to Regency and indirectly to the bank as successor--to either return their property or the value of it before satisfying the bank's secured interest. That is, in the specific case of a defaulting party that is in a trust-holding business, do the consignors actually have a credit position superior even to a UCC secured creditor, on the basis of the fiduciary duty created when they entrust their property to the company.
It seems very odd that if I, as a banker, know that my defaulting customer was in the business of holding property of others in trust, that I have no duty to return that property to its owners but can seize and liquidate it, or that I have no duty to return the proceeds of sales of that property. |
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| Edited by cjpalermo1964 - 06/17/2017 5:46 pm |
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Pillar Of The Community

United States
856 Posts |
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Quote: They have this right unless it is an actual trust account, which I am sure it is not. If that's correct -- and I agree that it probably is -- then this is something else that's on Regency's head. Consignors' funds for stamps that had been sold should have been held in some sort of trust account so that it was beyond the reach of the bank and other creditors. |
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Pillar Of The Community
Canada
707 Posts |
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Unless legislation is passed, that will never happen as it may destroy many auction firms, or will create a lot of work for auction houses as well as not letting them use the money for other things. |
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Replies: 456 / Views: 102,012 |
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