Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Bankruptcy Court Approves Atlantic City Casino Liquidation

Author: Joel R. Glucksman

Date: July 15, 2015

Key Contacts

Back

Last week, the U.S. Bankruptcy Court in Trenton, N.J. approved the casino liquidation plan for Revel AC Inc. in Atlantic City.

The ruling resolves Revel’s long Chapter 11 case with a proposal that permits the casino to repay $45 million in debt for roughly $5 million.

Revel’s long Chapter 11 case

The long Chapter 11 process for the Revel casino finally ended after settlements were reached with creditors. Since its opening in 2012, the twice-bankrupt casino failed to turn a profit, ultimately leading to its Chapter 11 filing for bankruptcy protection in June 2014. In the plan, the $2.4 billion casino will be sold for $82 million to Polo North Country Club Inc. owned by real estate developer Glenn Straub, with the proceeds from the sale set to repay creditors.

Settlement allows Revel to resolve negotiations

This settlement followed several months of contentious negotiations involving Revel, Straub and ACR Energy Partners LLC, the operator of its custom-built power plant. ACR Energy argued that previous proposals submitted by Revel were “patently unconfirmable” as the casino did not have the financial resources to cover its entire claim.

As part of the new agreement, ACR Energy will now receive $3.3 million of the $20 million debt owed by Revel. Negotiations with ACR Energy were contentious due to the fact that Revel owed the company over $20 million in utility services, prompting ACR to seek to have the Chapter 11 bankruptcy converted to Chapter 7 liquidation, which would have stripped Revel of control over its case.

The plan also calls for Revel to allocate $1.1 million for unsecured creditors, $10 million for J.P. Morgan Chase & Co. to repay a portion of the $13.5 million in unpaid legal fees, and another $7 million to pay down future administrative expenses related to the closing of the case.

The casino’s primary lender, Wells Fargo, is owed approximately $150 million, but is set to receive the remaining proceeds of the $82 million sale, along with several million dollars in the casino’s reserve. The deal will additionally call for the state of New Jersey to receive $1.65 million from the closing cost budget to settle its $20 million claim for unpaid corporate business taxes.

The ramifications

According to Trenton Bankruptcy Court Judge Michael Kaplan, the goal of the settlement is to spur the revival of Atlantic City as a destination. The property has been empty since June 2014, and therefore needed to be “buried”, noted Kaplan.

Are you a creditor in a bankruptcy?  Have you been sued by a bankrupt?  If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!