If you COLO with Like Whoa - READ!
 

This was getting buried in one of the other LW threads so I am reposting as it's own:

Here is the situation as it stands right now...again, I am not going to guarantee anything but we are giving it our best shot.

My level3 relationship also has an existing relationshp with Broadview..a pretty good, long standing one.

We are in the process of contacting Broadview and explaining the following to them:

You currently have a $157,000 receivable that you most likely will never collect on and a suite full of boxes taking up space.

Our proposal:

Shift the suite to our existing Broadview relationship and fire the boxes back up and restore network connectivity. Establish new contractual relationships with the victims that colo'd with LW so that they can get back in business and start paying you money, which you are not getting now and have no real hopes of getting (allegedly).

Keep the liens on the servers (in other words, if you dont want to let the servers leave the building, fine, but at least let everyone get back in business) until the matter with LW is resolved. Perhaps even establish vesting of some sort (stay with the new broadview relationship and remain current on your bill for a period of time) so that eventually the owners of the servers would be able to remove them if they wanted to even if the LW situation is never resolved.

Again..not promising anything, but the good news is that they have not yet said no.

That could invite legal action from LWI and its affiliates. If I was colo'd there anymore, I would just look to get my boxes back and move onto somewhere until the drama cools out and you can think with a clear head

I dont see how it can invite legal action since LW appears to be in default on their payments to Broadview for service, and the colo boxes -- which technically do not belong to LW are being held against this debt.

I also don't see that Broadview has any reason to relinquish these boxes without a court order so this is perhaps the best thing that could happen for the owners of those boxes.

Legal action by who against who? Legal action by LWI against ?

Currently, several companies have contractual relationships with LWI in which LWI is supposed to maintain network connectivity to these companies.

Allegedly, LWI failed to pay their bw bills causing Boradview to turn the switch to the off position. In effect, LWI has breached its contractual obligations with its colo customers (allegedly).

Now, a new entity comes in and establishes new relationships with the companies who previously did business with LWI.

Please explain the basis for which LWI would have any claims.

Restablish everything if you desire but what about the peole who left months ago and just want their hardware back?

Don't know. It's too early to answer that. If you want me to speculate I would have to say consider them gone.