Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Baha Mar Filing for Chapter 11 Bankruptcy Protection

Author: Joel R. Glucksman

Date: July 30, 2015

Key Contacts

Back

Baha Mar, Ltd, the new 1,000 acre mega-resort in the Bahamas, recently announced that it will voluntarily file for Chapter 11 bankruptcy protection. The announcement of Baha Mar filing for Chapter 11 came after a series of delays halted construction for the $3.5 billion project.

Baha Mar fails to open

The $3.5 billion hotel and casino project in Nassau was set to become the most expensive project ever in the Caribbean, with four hotels, a Jack Nicklaus golf course and 40 restaurants. However, the resort repeatedly missed its grand opening deadlines starting from December 2014 to March 2015, causing the company to announce no further timelines and seek bankruptcy protection.

Baha Mar’s developer, Sarkis Izmirlian, argued in a statement that the reason for the delays was mismanagement on behalf of the contractor, China Construction America. Owned by the Chinese government, China Construction American provided a $2.4 billion loan from the Export-Import Bank of China to fund development of the resort. However, in the statement, Izmirlian pointed to the fact that China Construction America continued to miss deadlines for construction, causing Baha Mar to repeatedly postpone its grand opening. Ultimately the mega-resort was left with a sizeable debt and no source of revenue to continue business operations.

Izmirlian concluded that voluntarily filing for Chapter 11 bankruptcy protection was the only option left for the company to create a viable capital structure and complete construction to open the resort.

The problematic development process

Aside from the construction delays racking up debt, there were political issues that caused serious damage to operations. China Construction America shipped hundreds of Chinese workers to the Bahamas rather than employ local Bahaman residents. This situation was exacerbated by the fact that two workers died on site within the last year.

The Chapter 11 case

Baha Mar made the Chapter 11 bankruptcy filing in the U.S. Bankruptcy Court in Delaware, and intends to file an application in the Bahamian Supreme Court after approval of U.S. court orders. Currently, Izmirlian is raising funds for the Debtor-in-Possession financing facility of up to $80 million, with $30 million used by the company to fund operations for the next 30 days. With the cash expected to fund daily operations, Baha Mar will be able to finish construction, which is 97 percent complete, according to court documents.

Izmirlian stated that following the voluntary Chapter 11 filing, Baha Mar will be moving forward because he views the project as a major economic driver for the Caribbean.

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
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"
Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls post image

Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]

Author: George McGowan

Link to post with title - "Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls"
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"

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!