Got this in my e-mail today...
Originally Posted By Anvil Arms:
December 28, 2009
To Whom It May Concern:
On May 1, 2008, Mr. Jonathan A. Kruger, individually, and Anvil Arms LLC, a Florida limited liability company having its principal place of business in Lakeland, Florida, entered into a loan agreement with a secured creditor (the Secured Creditor). The loan was secured in part by 1) a pledge of Mr. Kruger's membership interest (i.e. equity) in Anvil Arms LLC, 2) a blanket lien on all assets of Anvil Arms LLC and 3) by a mortgage upon real property located in Polk County, Florida, and owned by Mr. Kruger individually. Mr. Kruger and Anvil Arms LLC have defaulted under the terms of the loan.
Upon default, the Secured Creditor accelerated the loan, enforced its rights under the membership pledge and Article 9 of the Uniform Commercial Code (UCC), in accordance with §679.610 Florida Statutes, removed Mr. Kruger as Managing Member of Anvil Arms LLC, elected its own Manager for Anvil Arms LLC and scheduled a public sale at auction of Mr. Kruger's membership interest in Anvil Arms LLC. Mr. Kruger, through counsel, sought to have the public sale enjoined by seeking injunctive relief; that motion was denied on November 23, 2009.
The Secured Creditor's public sale at auction was held on November 24, 2009; the Secured Creditor was the high bidder at the sale and is now the owner of 100% of Anvil Arms LLC. This sale was conducted under Article 9 of the UCC, as adopted by the state of Florida, and is non-judicial in nature. Mr. Kruger was immediately terminated and subsequently removed by the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE) as a "person of responsibility" from the Federal Firearms Licenses (FFLs) held by Anvil Arms LLC.
Although Mr. Kruger was terminated from Anvil Arms LLC on November 24, 2009, he continued to maintain possession of the facility of Anvil Arms LLC in protest of the sale. Through continued legal action and with the assistance of local law enforcement, the Secured Creditor obtained control of the premises on November 28, 2009, and found that the equipment, inventory and records had been removed from the business location. Mr. Kruger's counsel acknowledged and confirmed that Mr. Kruger was in possession of and refused to return the property of Anvil Arms LLC. The BATFE was advised of Mr. Kruger's actions and possession of the property of Anvil Arms LLC including NFA Class III items.
On December 3, 2009, a court order was entered ordering Mr. Kruger return the property to Anvil Arms LLC within 5 business days of service of process. On December 22, 2009, service of process was effected and the expiration of compliance and performance of the order is December 30, 2009.
Anvil Arms LLC