Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Judge Denies Request To Sell Revel Casino For $82 million

Author: Joel R. Glucksman

Date: March 9, 2015

Key Contacts

Back

U.S. Bankruptcy Judge Gloria Burns recently refused to grant a request to sell Revel Casino made by advisors for the Atlantic City-based Casino  and Hotel to Florida developer Glenn Straub for $82 million.

Instead, she said the parties involved need more time to see if they can get a better deal to sell Revel Casino. This latest failure to sell the closed-down property came after a series of attempted deals that also fell through. “I need to be convinced that it is the best deal the debtors can get,” Burns stated on Wednesday, March 4, NJ.com reported. “I have a lot of questions but the big question that I have is this in the best interest and I can’t tell that yet.”

Low bids

The company has generated no bids higher than $110 million, compared to the $2.4 billion spent to open Revel Casino Hotel in 2012, according to Reuters.

“I think in order for me to be comfortable with this you need to satisfy me that every stone has been overturned to find the best deal,” Burns stated during a hearing in Camden, New Jersey, the media outlet reported.

Scrapped deals

The highest bid thus far came from Toronto-based Brookfield US Holdings LLC, which made an offer through an auction in October, according to NJ.com. However, Brookfield US later canceled the transaction, identifying challenges with the debt tied to the location’s power plant.

Polo North Country Club, which is owned by Straub, later bid $95.4 million for Revel Casino Hotel, the media outlet reported. However, the casino filed a motion to end the transaction, and in February, Burns approved this request. John Cunningham, attorney for the failed business, acknowledged last month, that he had absolutely no faith that Polo North would be capable of closing on the deal.

However, he changed his tune as a result of a new agreement whereby Polo North put $82 million into an escrow account, according to the news source. Now that Burns has denied this latest bid for the Revel Casino Hotel, the Los Angeles developer Izek Shomof is thinking about buying the facility.

Postponement request

During the hearing on March 4, Shomof’s lawyer, Leo Pustilnikov, stated that his client could pay a sum higher than the $82 million offered by Polo North, Reuters reported. He requested that Burns postpone making her decision on this bid.

In addition, Pustilnikov criticized the current sales process, maintaining that Straub had threatened to pursue legal action against Shomof for blocking the deal between Revel and Polo North, according to the news source.

Due diligence challenges

The attorney also mentioned the challenges his client faced when exploring a potential investment in the Revel Casino Hotel, the media outlet reported. More specifically, Pustilnikov stated that he and Shomof only had a brief period to tour the casino before the hearing took place on Wednesday, according to The Associated Press.

Further, he maintained that up until recently, the two lacked sufficient information to consider a bid because they did not have key financial documents, the media outlet reported.

While Burns’ recent decision to postpone the $82 million deal might provide Shomof with the opportunity to make a bid of his own, various parties associated with the proceedings have voiced their concerns about delaying the deal, according to Reuters.

While Wells Fargo is currently financing the failed casino’s bankruptcy, a lawyer representing the lender cautioned that Wells Fargo might pull its support if Burns pushed back against authorizing a deal with Straub, the media outlet reported. The federal judge replied to this concern by saying that switching to Chapter 7 bankruptcy from Chapter 11 might be the best approach.

Making this transition would be a bad move, stated Stuart Moskovitz, attorney for Straub, according to AP.

“You will devalue the estate so greatly by turning it into scrap.”

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
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"

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.

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