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Dakota Arms now in chapter 7
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Picture of Gun toter
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Don't know where else to post this other than here in the gunsmithing, especially since there some of us that were waiting on Dakota actions for custom guns.
It does not look like we are going to get them.

I figured someone else would have mentioned this. I got paper work last week stating that they, Dakota Arms, had now gone into chapter 7 bankruptcy.

I received my recent copy of the Charlie Kokesh BRAG RAG. In it he makes a great many guarantees! Hard to image that sort of impudence.
He owes just about everybody he has done business with money. He has bankrupted other businesses that threw their hat in with him.

Way to go Charlie, your stain is growing!


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Posts: 190 | Location: Under my dancing Avatar | Registered: 01 June 2007Reply With Quote
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I would imagine this may sound the death knell for poor old Dakota. I actually spoke with someone there three weeks agon and things sounded great.

They may have a good action, but I for one would not give them any of my money.
 
Posts: 2267 | Location: Maine | Registered: 03 May 2007Reply With Quote
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Gun toter,
Where did you get this information. What type of "paper work" did you receive and from whom? I'm asking because I can't find any information regarding a new bankruptcy filing. They just emerged from bankruptcy and started taking new deposits. It's hard for me to fathom that they would now go straight into a Chapter 7 liquidation.

Here's a letter from Kokesh posted to their website in the last couple of weeks:

quote:
Letter from Sturgis
Getting Back to Business
Dakota Arms is out of bankruptcy
By Charlie Kokesh
CEO, Dakota Arms
Some people tell me it’s never dull at Dakota Arms. After the last 10 months, I know I speak for all of us when I say we are ready for a dull day. But events seem to preclude that from happening.
The big news since our last issue is that Dakota Arms is no longer in bankruptcy. As you know, Dakota was forced into Chapter 11 in July 2006. The team has spent the ensuing months working hard to keep our employees and our customers on board as we worked out our financial challenges.
In January, with guidance from our attorneys, Dakota’s board of directors decided that the best way to put the bankruptcy behind us and move forward was to put all of the assets of Dakota Arms – essentially the entire company – on the auction block under Section 363 of the U.S. Bankruptcy Code.
After a diligent effort by an independent investment banking firm to identify potential bidders for Dakota Arms, a number of prospective purchasers, including some of the top names in our industry, conducted due diligence in preparation for a possible bid. At the end of the day, Technology Funding had the winning bid. As far as I am concerned, this underscored our belief in the quality of the Dakota products and people, the strength of the brand name and the future of Dakota Arms.
On February 28, 2007, U.S. Bankruptcy Judge Robert J. Kressel approved the sale of all the assets of Dakota Arms, Inc., including the use of the name, to a new legal entity, Dakota Arms, LLC. The sale had the blessing of the Official Committee of Unsecured Creditors and almost all of the other stakeholders. (There was only one objection to the sale.)
We believe – and the court seemed to agree – that the sale is in the best interests of the company, our employees and our customers because, once again, the Dakota team can now focus our attention on one thing – manufacturing the most accurate, reliable and beautiful rifles in the world.
As a part of the purchase agreement, “new Dakota†assumed the responsibility to build all of the rifles for which “old Dakota†had received deposits. In other words, the full amount of any deposit will be applied to each rifle as ordered.
“Old Dakota†as a legal entity still exists and remains under the protection of the bankruptcy court. Cancelled orders taken prior to July 2006 remain liabilities of the bankruptcy estate, and new Dakota legally cannot provide any cash refunds to pre-petition claims.
Except for a very few orders for products that have been discontinued – like the Dakota Model 22 – we expect all orders taken before July 2006 will be completed before the end of this calendar year.
To celebrate Dakota’s new status, we have put together an extraordinary package based on the Dakota Model 10, possibly the most beautiful falling block rifle in production anywhere. Take another look at the rifle on our cover. This Model 10 was personally stocked by Don Allen in Special Select walnut that was truly unique. The engraving was done by one of the master artists of Creative Arts in Val Trompeia, Italy.
The one-of-a-kind piece on the cover can never be duplicated, but we can make a Model 10 exactly the way you want it. To give you a head start, for a limited time you can order a Model 10 package that includes $3,200 of custom options at half price.
It starts with an upgrade to an Exhibition-grade walnut stock that you can personally select. Then, we add a cheekpiece with shadowline, an ebony forend tip and a teardrop carving near the action. The metalwork includes rich case coloring, quarter rib sights, Talley rings and an inlaid gold oval with your initials. All of these upgrades are only $1,600 over the base price of a Model 10.
You can purchase this spectacular package as is, or you can use it as the beginning of an even more exceptional rifle by upgrading further to Special Select wood, a unique checkering pattern, even your own custom engraving. Interested? Call Richard Spruill, National Sales Manager, at 605.347.4686 to place your order.
One more detail – unless custom engraving will cause an unusual delay – we guarantee that orders placed before June 15, 2007, will be delivered in less than eight months. Your Model 10 will be in your hands before February 15, 2008. But only if you order today!
Another important piece of news is that the Model 97 has been discontinued. We do have a modest supply of bolts and stainless steel receivers that will be built out in a special configuration and in a limited number of calibers.
This is your last chance to purchase an all-weather, controlled feed Model 97. We have the receivers, stainless barrels and stocks for these rifles in inventory now. Order in the next few weeks, and we can guarantee delivery by October 15. Don’t wait to place your order if you want to use this rifle for the fall hunting season.
Once this last batch of stainless Model 97s is out the door, the Dakota Model 76 will be the only traditional Dakota bolt-action rifle. We will, of course, continue to manufacture our elegant single-shot rifles, the Dakota Model 10, the Miller Classic and the Little Sharps, as well as the entire range of Nesika bolt-action rifles.
By the time this issue reaches you, the dedicated varmint hunters will already be in the field testing loads and perhaps organizing a trip to Wyoming, Montana, or western South Dakota. In a recent conversation with Dave Kiff of Pacific Precision, one of our key chamber reamer vendors, I learned something that might be of interest.
He told me that the single most-called-for varmint cartridge today is the .20 VarTarg. This wonderful cartridge was designed by Todd Kindler, Editor of Small Caliber News, back in 1995 using the .221 Fireball as the parent case. Precision dies are available from Redding and from The Woodchuck Den at 330.897.0614. Load data is featured prominently in Todd’s book, “The Terrific Twenties,†also available from The Woodchuck Den. Loaded ammo is available from Dakota.
Muzzle velocity, recoil and noise are even less than the outstanding Tactical 20 based on the .223 case. Dakota has chambered a large number of .20 VarTarg rifles in all three versions of the Predator. All of these rifles will drop five rounds at 100 yards into a ragged hole measuring .20†to .30†from center to center. Some shoot “in the ‘teens.â€
One way to find out if you can shoot a ¼†group is to buy a Predator in .20 VarTarg. Highly recommended. (We should point out that Dakota licensed both the 20 Tac and the 20 VarTarg from Todd Kindler.).


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Posts: 5052 | Location: Muletown | Registered: 07 September 2001Reply With Quote
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Forrest,
The paper work is official notification from the courts of the state of Minn. where the bankruptcy papers were filed.

If there is any truth to what he stated in that statement it is that there is a "new Dakota" meaning that the old Dakota and all its debts will be drowned in bankruptcy while the "new Dakota" skates on with the "old Dakotas" orders and assets.


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Posts: 190 | Location: Under my dancing Avatar | Registered: 01 June 2007Reply With Quote
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What you may have is a notice of either a Liquidated Chapter 11 or a Chapter 7 liquidation of the old company after Dakota Holding LLC bought certain assets.

Kokesh probably filed a Stalking Horse bid under section 363 which ususally requires a minimum 1/3 of the offer in escrow. Any other bidders then need to put a similar amount in escrow (minimum usually $100,000) with the Debtor's bankruptcy attorneys for the right to bid against the Stalking Horse.

Since the Stalking Horse bid is usually a high start, most bidders looking fo a fire sale go away.


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Posts: 11142 | Location: Texas, USA | Registered: 22 September 2003Reply With Quote
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This is unfortunately not an uncommon way to keep doing business in the US. The "old" company is still a legal entity, and is going under. Many suppliers and investors will lose large sums. The new company is doing business without the obligations and debt. Same people, same address, same name, same products, but free from all those promises and bills from poor business practices. To make it worse, all this has been approved by the court system.

It does allow companies to keep manufacturing products, maybe they will make better decisions about what they can sell at a profit in future markets. Maybe we will someday hear that there were high priced exec types that left with large bonuses.

Roger
 
Posts: 254 | Location: Northern Minnesota | Registered: 20 January 2005Reply With Quote
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Just today in the mail I received the new Spring 2007 Newsletter from Dakota. I doubt they would be sending it out if they weren't in business. The same letter Forrest mentioned was on the website is in the newsletter.

Nice photo of a Real Nice Dakota 10 on the front cover.
 
Posts: 7090 | Registered: 11 January 2005Reply With Quote
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Just got off the phone with dakota. It is just as tiggertate says

They have emerged from Chapter 11, and are certainly fully in business.

The former corporation is what is going in chapter 7, as tigger says.

In other words, it's just erasing an unused coporate shell.

jeffe


opinions vary band of bubbas and STC hunting Club

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Posts: 40081 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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guess that means no one is going to get the money owed them from the "unused corporate shell" aka the old Dakota Arms.


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Posts: 190 | Location: Under my dancing Avatar | Registered: 01 June 2007Reply With Quote
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GT,
the judge that set their chapter 11 set the payback schedule. Emerging from chapter 11 means you have, if not completed, at least met the judge's (and the laws) requirements to get that.

banruptcy means "we can't pay, at least at the schedule they are demanding" or "protection from creditors" so it should be no surprise that some don't get paid back in full.

though, specifically, that doesn't really have anything to do with "dakota" being in chapter 7. Thats a part and parcel process for the proceedings


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 40081 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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quote:
Originally posted by Gun toter:
guess that means no one is going to get the money owed them from the "unused corporate shell" aka the old Dakota Arms.


That's the way I read what's going on. If the old Dakota owed you money before the CH 11 was filed, you are NOT going to get any back.......


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Posts: 4386 | Location: New Woodstock, Madison County, Central NY | Registered: 04 January 2005Reply With Quote
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The creditors will get whatever the proceeds of the sale of the assets brought, plus whatever cash was on hand at the time of the final ruling in case.

In many cases, the new company needs the services and products of the creditors that were originally hurt and a deal is struck after-the-fact to make them whole enough want to continue doing buisiness with the new company.

As bad as it sounds, bankruptcy does provide a win-win sometimes. The important thing for any vendor is to not let yourself become dependent for living on one customer and never let your customer get too deep into your wallet. Most vendors get afraid to piss off a client and won't cut them off fast enough to prevent getting hurt. Otherwise, you're not a very good business person, either.


"Experience" is the only class you take where the exam comes before the lesson.
 
Posts: 11142 | Location: Texas, USA | Registered: 22 September 2003Reply With Quote
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quote:
Originally posted by tiggertate:
The important thing for any vendor is to not let yourself become dependent for living on one customer and never let your customer get too deep into your wallet.


I let this happen to me years ago when I owned my own business. I let one client become a dominent part of my business and they knew it. I let it go on too long and more or less became an employee of the other company with a payroll of my own to meet. I finally resolved the problem. Nobody was happy with the outcome.

Terry


--------------------------------------------

Well, other than that Mrs. Lincoln, how was the play?
 
Posts: 6315 | Location: Mississippi | Registered: 18 May 2002Reply With Quote
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We lost some to Dak and to be honest they would have to pay up front to deal with us again, I am sure most creditors would feel the same. We too have recieved the chapter 7 court papers although I don't know exactly what all it means. I would be very surprised if it really means anything to us at this point. I am sure there are others that have been screwed over much better than we were. I am also sure there are companies that no longer exist because of this!
 
Posts: 77 | Registered: 05 May 2002Reply With Quote
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