Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Bahama Resort, Baha Mar Ltd., Chapter 11 Bankruptcy Filing Dismissed

Author: Joel R. Glucksman

Date: October 22, 2015

Key Contacts

Back

On Sept. 15, Baha Mar Ltd., the owner and developer of the $3.5 billion Baha Mar resort in the Bahamas, had its Chapter 11 bankruptcy protection case thrown out by the U.S. Bankruptcy Court. According to the Wall Street Journal, the court dismissed the case because the judge “perceived no greater good” from it continuing in a U.S. court.

Baha Mar’s bankruptcy case dismissed

In the court’s decision, the judge asserted that the Chapter 11 bankruptcy filing for Baha Mar Ltd. fell outside U.S. jurisdiction, according to a Travel Weekly report. The reason was that the case involved the economic interests of the Bahamas; therefore, the court felt that the decision should take place there.

The judge’s decision to dismiss the case was based on the opinion of the Bahamian Supreme Court which stated that the project’s stakeholders felt the Chapter 11 bankruptcy case should be in the Bahamas. Further, the judge felt that a consensual decision needed to be reached between Baha Mar Ltd. and its primary creditors China Construction America and the Export-Import Bank. Had there been a mutual decision to seek bankruptcy protection, the judge stated that the case would have continued and a final resolution would have been reached in the U.S.

The decision was supported by China Construction America and the Export-Import Bank of China as well as by Baha Mar’s lesser ranking creditors because they had requested a dismissal. The group argued that the case needed to be decided by a court with jurisdiction over the Bahamian government, and the U.S. Bankruptcy court does not. Therefore, the group’s request was to have the case thrown out to clear the way for bankruptcy proceedings in the Bahamian Supreme Court.

Bahamian government opposes Chapter 11 bankruptcy protection filing

After Baha Mar Ltd. filed for Chapter 11 bankruptcy protection in the U.S., the Bahamian government opposed the filing. The government argued that the case needed to be decided and resolved under Bahamian law, not in the U.S. Further, the Bahamian government stated that it would not recognize or uphold any decision made outside of the Bahamas. Then, according to a Reuters report, after months of negotiations, the government sought to have Baha Mar Ltd. removed from the Baha Mar project after it filed a Chapter 7 bankruptcy case against it to compel the company to liquidate its remaining assets.

However, Baha Mar Ltd. argued that Chapter 11 bankruptcy protection was the best option for the company to refinance and continue development on the project.

The Northshore bankruptcy case as a guide for Baha Mar

The U.S. Bankruptcy Court judge did allow the Chapter 11 bankruptcy case for Northshore Mainland Services Inc., a subsidiary of Baha Mar, to continue. According to Travel Weekly, this subsidiary is located and incorporated in Florida because it oversees all Baha Mar Ltd.’s U.S. operations.

The judge asserted that the case should serve as a guide for the two parties to resolve the bankruptcy dispute. While there are no indications of how the case will go, the judge did state that Northshore Mainland’s Chapter 11 bankruptcy case will proceed throughout the bankruptcy proceedings in Bahamian Supreme Court.

The future of Baha Mar

Following the decision, Baha Mar Ltd. officials explained in a statement that the company will seek alternatives to resolving the debt load on the project. One of those alternatives was a restructuring proposal submitted to the Bahamian Supreme Court that called for the removal of CCA Bahamas. Baha Mar’s major creditor and general contractor, from the project. This move would wipe out the $72 million debt load owed to CCA Bahamas for work on the project. The court is set to make a ruling on the new proposal in November.

In a separate decision, the Bahamian Supreme Court appointed a trustee to oversee the Baha Mar project. This trustee was given the authority to develop an alternative to Chapter 11 bankruptcy protection. The court also asserted that there will be a “wind down” date established where the Bahamian government will take control of the project to oversee its completion.

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 to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

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.

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

Please select a category(s) below: