Quote:
Originally Posted by Lorewalker
Two interesting FAQs on the PWCC Vault page.
What happens to my items if PWCC files for bankruptcy?
First, we would like you to rest assured that PWCC is in excellent financial standing. With that said, assets would be returned to their owners in the event of PWCC filing chapter 7. Unless a client's account is in default, or PWCC Capital has a lien against the assets for a loan, PWCC has no claim to ownership of the assets stored in the Vault.
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Complete and utter BS. Whether they claim ownership of the asset they hold is irrelevant. As we found out when Legendary went into BK, unless you perfected a security interest in the assets, even if the bailee claims no ownership of the asset, its unfettered possession of the asset (unlike a safe deposit box, where you have the key that allows access) means that it is all considered part of the BK estate
until the court sorts out the creditor claims. You are free to put in a claim in court and try to get the cards back. Good luck with that as an unsecured creditor.
If you are going to let someone hold your cards in a 'vault', take five minutes, spend five bucks, and file a UCC-1 with the secretary of state in the state where the vault is located. Worst case scenario, it is superfluous. Best case, it lets you get your cards back if something goes horribly wrong.