Contract Termination: Evander Kane
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themelkman
Always Delivers
From what I understood it was true. His future earnings were ruled to be off the table to creditors, if that wasnt the case he probably would have agreed to termination as to not work for literally nothing.
His future earnings meant post-contract that he's on because that was what the debt was borrowed against.
Could a bankruptcy court rule that he had a duty to his creditors and by breaching his contract, any future contracts worth up the 22M would be ring-fenced for his creditors? Contract terminations occur so rarely that an argument can be made that he 1)either purposely orchestrated the breach, or that 2) he couldn't even muster the bare minimum of conduct - for which he owes an even higher level duty to observe for his creditors - in either case it is unfair to creditors since there already was a (basically) guaranteed income stream to garnish.
- Sep 27, 2017
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Basically, that creditors could go after earnings from future contracts rather than being limited to those under the current contract, if terminated.
DudeWhereIsMakar
Bergevin sent me an offer sheet
If he gets his act together, he's likely going to make an NHL comeback and potentially write a book on his career before he went down this current path he's in right now. But as it looks he's not getting out and his life is nothing but a drain.
The other half here is that he didn't report back until Jan 6th, almost a week past the deadline of Dec 31st. He probably heard he wasn't going to get his week back home with his family due to testing positive, and decided to make his own rules. Multiple violations of COVID protocol plus failure to report and other disciplinary issues is gonna stick as a material breach.
This goes beyond even San Jose and Kane. If a player can decide not to report and only suffer a loss of payment covering the time missed, then what leverage does the league have? Fundamental contract integrity here. Want to go play in the Olympics? Just eat the salary loss. Don't want to fly to Winnipeg? What's a couple thousand to these guys? League can't have it. NHLPA won't break their back to support it.
Grand Admiral Thrawn
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Chips
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“Still, even before that, frustration with Kane had been building. Shortly after joining the Barracuda on Nov. 30, Kane missed a pair of practices due to what he told the team was food poisoning on one day, and a sore shoulder on another. That led to skepticism among some in the organization that Kane was fully committed to the team.”
Another tidbit from The Athletics article on this. Maaaaaaybe he genuinely, the man with a history of skipping/being late to practices on every team and otherwise not giving a f***, coincidentally got sick and injured a shoulder and got stuck in Canada… but come on lol
I bet he wanted them to terminate not to get out of his bankruptcy issue but because he could essentially have two contracts if he wins, the sharks keep paying him and he signs with another team
Another tidbit from The Athletics article on this. Maaaaaaybe he genuinely, the man with a history of skipping/being late to practices on every team and otherwise not giving a f***, coincidentally got sick and injured a shoulder and got stuck in Canada… but come on lol
I bet he wanted them to terminate not to get out of his bankruptcy issue but because he could essentially have two contracts if he wins, the sharks keep paying him and he signs with another team
It would get rather interesting from the creditor perspective if the argument can be made that Kane acted purposefully or negligently affects bankruptcy proceedings. Sort of like when debtor sells the house to his wife for 1 dollar and the courts consider that transaction void if discovered.
So from that standpoint it makes the Sharks unnjustly enriched by not having to pay 22M due to self sabatoge.
Would the creditors then have a claim on the Sharks and Kane regardless of any NHL arbitration outcomes?
If the creditor does have a valid claim on the contract value, then the Sharks countersue Kane to recover whatever damages they think they suffered.
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Risky for sure, but that instant upgrade over Ritchie, Envgall, Clifford sure is enticing.
Ice Mammoth
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34
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Well, he makes the Leafs a better team without a doubt.
After tonight’s embarrassing loss, that should be a reality check for Dubas that he needs to make a move.
Once Kane succeeds, you guys will all downplay the speculation you’re bringing up now based on nothing.
I heard it all and argued with you all about DeAngelo. Now you are all backing off how hes a locker room cancer, an AHL calibre player, unlikeable ect.
Until Kane has credible sexual assaults brought onto him and he performs a stunt like Brown, they’re nowhere near the same level.
But if I were the GM that took the last chance on Brown, I probably would have done it too. Again, talent doesn’t grow on trees. Brown is a lot worse than Kane and the majority of the forum will admit that once he rebounds from this, if he manages to.
The covid BS is just dumb. Forget it. His ex wife is not credible as proven in court when he got full custody. How many men get full custody? The rest is heresy. He’s a good player with a gambling addiction and is kind of an idiot but he’s not a criminal.
DingDongCharlie
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- Sep 12, 2010
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If it was for a million I’d be all for it. If he doesn’t keep in line Duncan Keith can give him the Daniel Sedin treatment
Jetsfan79
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May be a silly question. When a team attempts to void a contract citing a breach of contract, are prior descretions material to the team's case?
In a vacuum, what Kane did merits a suspension. Probably a heavy suspension.
But if the "priors" are taken into consideration (his recent suspension) then he has no case.
In a vacuum, what Kane did merits a suspension. Probably a heavy suspension.
But if the "priors" are taken into consideration (his recent suspension) then he has no case.
That's what I'm curious about, since the Sharks secured Kane's loan from Centennial Bank with his contract. In voiding the contract in the professional sports industry it still seems strange if the Sharks could just count it null and void in real life and disassociate themselves from it when there would still be an obligation due to what Kane signed. In short, I'm curious to see if all of the bolded comes true.
LetsGoIslanders
Registered User
Everyone saw it coming from the Vegas pic with stacks of money:
And everyone was called racist for saying, "This isn't going to end well."
Dan Milstein, known pretty much as only a Russian player agent, took this client on. He's the only North American player he represents aside from the elite player that is Kurtis Gabriel.
It's not going to end well for Kane.
And everyone was called racist for saying, "This isn't going to end well."
Dan Milstein, known pretty much as only a Russian player agent, took this client on. He's the only North American player he represents aside from the elite player that is Kurtis Gabriel.
It's not going to end well for Kane.
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