Of course, during this phone conversation, I asked her the questions to which all BC’s clients/vendors and the overall industry would like answers. To almost each of them Mona replied that BBC’s lawyer requested that her and Kevin make no statement. The only pieces of information I could get was: 1- that BBC tried hard to keep the business afloat, hoping for an investor to step in. 2- that the company will file for bankruptcy. 3- that Kevin would have contacted all clients who have legitimate issues regarding deposits or bikes paid in full and never delivered.
Mona refused to clearly answer my questions regarding: the foreclosure process by 2 of BBC’s lenders; if one way or the other BBC intended to complete the bikes ordered, paid and never delivered; if it is true that they already moved equipment/bikes/inventory to another location and which one; if BBC has the intention to operate under bankruptcy or if her and Kevin intend to start a new bike building business.
Before ending the conversation, and although I obviously respect the fact that their attorney doesn’t want BBC owners to talk to the press, I suggested again that it would be better for all those concerned by BBC demise that she provides me with a written official statement regarding her and Kevin’s intentions, and that I will publish it as is. For this purpose, a deadline of Friday evening December 9 was agreed between us but I still didn’t receive any statement as of today Sunday December 12, 2011.
What is known for sure is that the 2 loans given to BBC by First Mountain Bank (147,000) and in second rank last April by Big bear Lake City Small Business Administration ($100,000) are delinquent with apparently a due principal higher than the original amounts of these loans. Apparently they were given on the basis of BBC’s bike orders. Such process is typical of what is requested by banks and non-fraudulent if money received for these orders is not already spent, partially or in full, for payment of general bills like salaries, rent, contractors not related to the cost of building each specific ordered motorcycle, etc. Money received to build motorcycles are trust funds belonging to clients. Some, in the industry, and although it’s not a legal requirement, cautiously put deposits in separate bank accounts to avoid commingling the company’s and clients’ funds, the right way to avoid legal trouble and the risk of felony charges if there is a legal breach of contract and the builder is out of money to start or complete a motorcycle. For a company, to deliver parts or a partly completed motorcycle for the corresponding deposit amount is also a breach of contract because the client ordered a completed motorcycle, not parts, nor a partial motorcycle because it’s still not a motorcycle until fully completed and road worthy. Now, clients I talked to are convinced that their money was illegally spent by BBC only for the purpose of keeping the company afloat a longer time.