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
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future post image

Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]

Author: George McGowan

Link to post with title - "Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future"
What Every Real Estate Investor Should Know Before Buying a Rental Property post image

What Every Real Estate Investor Should Know Before Buying a Rental Property

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]

Author: Donald M. Pepe

Link to post with title - "What Every Real Estate Investor Should Know Before Buying a Rental Property"
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"

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!