FX USA Problems Continue

As predicted in HAM previously, the FX USA problems continue to run and run…

The parties are still both arguing about the “facts” of the case. Indeed, FX Airguns USA proposed on December 20th that a jury trial to be held. For this reason, I certainly cannot make any comment.

However a number of “Orders” have been made by the Court in this case. As these are statements coming from the Judge, they have to be seen to be unbiased and reportable.

These including the following:

General Receivership

On 5 December 2023, the Court converted the limited receivership, under which FX Airguns USA had operated for four weeks, to a General Receivership.

This Order includes the statement included in its’ “Conclusions of Law” that, going forward, “The management of FX USA shall be vested solely in the General Receiver and no other party shall have authority to act on behalf of FX USA, absent further order of the Court.”

So the previous management no longer runs the company.

The Company May Be Insolvent

The Court Order of 5 December also stated, among its “Findings Of Fact” that , “it seems all but certain to the Receiver at this time that FX USA is insolvent.”

Additional Information

There’s more to it than that. In fact a LOT more. However, again, I encourage you to look at the court documents and read this stuff yourself.

The “Order Converting Receivership” of 5 December from which I am quoting is Docket 77 in the public court case records. (Link below). A definition of receivership is here, in Wikipedia.

Previous HAM Coverage of these FX USA problems can be found in the following posts:
October 11
October 19
October 31

Major Warning (Again).

I have zero personal knowledge or “inside information” about FX Airguns, FX Airguns USA or FX USA issues. What I cover here is publicly-available information that anyone can find on the Internet.

However, please remember that – just because something is published in the Court Records – it may not necessarily be true. So I make no representation about the truth any of the information in the claims and counter-claims, I’m just saying that you can read it online too.

Also, given that legal action is in process, anyone commenting on this article needs to be very careful what they say. If not, YOU could end-up being sued, too! Mention has already been made in the legal documents about comments made in the Airgun Nation Forum.

So HAM Community Moderators will delete anything that we feel is inappropriate for this reason – for our own good and yours…

Remember the legal process in the USA and most other countries works under the base assumption that any person (or entity) involved in legal action is innocent until proven guilty in a court of law – NOT the court of Social Media, television, airgun forums, our own opinion or anywhere else. Thank you!

Finally, this is EXTREMELY complex and the situation is changing daily.

How To Find The Court Case.

On October 3, 2023, a law suit was filed in the General Court of Justice, Superior Court Division, State of North Carolina, County of Wake. Case Number 2023CVS27939. In it, the Plaintiff requests that a General Receiver be appointed for FX Airguns USA, to take control of the company.

As this is a court case, this is public record. We can all read it here: https://ncbc.nccourts.org/public/ You’ll need to type “FX” in the search box to find the case.

FX USA Problems Continue

Court documents are shown in the “Dockets” tab. The “Complaint”, Docket 3 is the document that outlines the plaintiff’s (“FX Sweden”) original case against FX Airguns USA. Scroll up to see later documents.

FX USA Problems Continue

Grab a cup of coffee before you start reading. There’s lots there…