Docket 3650 - PAMI Statler
Un'altra che chiede di uscire dal Ch11, la PAMI Statler Arms LLC.
Una precisazione... l'ho letto diverse volte, perchè credevo di non avere capito bene il motivo per cui era entrata insieme alle altre nella procedura del Ch11...
"9. PAMI Statler is a fourth tier, indirect subsidiary of LBHI that owns and
operates an apartment building located at 1127 Euclid Avenue, Cleveland, Ohio (the “Apartment
Building”). Prior to PAMI Statler’s acquisition of the Apartment Building, the former owner,
Statler Arms, Inc., financed the purchase of the Apartment Building with a loan (the “Loan”) and
secured its repayment obligations by an open-end mortgage (the “Mortgage”) in favor of Great
Lakes Financial Group, Limited Partnership (“Great Lakes”). In May of 2005, Great Lakes
assigned its interest in the Loan and Mortgage to the Secretary of Housing and Urban
Development (“SHUD”). PAMI Midatlantic LLC (“PAMI Midatlantic”)
purchased the Loan
and Mortgage from SHUD in December of 2005. Subsequently, Statler Arms, Inc. defaulted
under the Loan and in April of 2006 agreed to transfer all of its rights, title, and interest in the
Apartment Building to PAMI Statler by warranty deed in lieu of foreclosure. PAMI Statler was
formed by Lehman for the specific purpose of acquiring the Apartment Building.
10.
PAMI Statler’s decision to file a chapter 11 petition was premised, in part,
on preventing the termination of a valuable license agreement (the “License Agreement”) that
entitled PAMI Statler’s tenants to park their vehicles in an adjacent parking garage in exchange
for a monthly fee. Prior to the Commencement Date, PAMI Statler commenced an action in
Ohio state court entitled PAMI Statler Arms LLC v. Statler Arms Garage, LLC, Case NO. CV 06
598610 (the “State Court Action”) to enforce the terms of the License Agreement. The State
Court Action was stayed as result of PAMI Statler’s chapter 11 case and was subsequently
removed to the United States District Court for the Northern District of Ohio (the “District
Court”). Due in large measure to the commencement of PAMI Statler’s chapter 11 case, the
State Court Action was settled within days of the Commencement Date. During the following
months, the parties memorialized their settlement, which was approved by this Court by Order
dated December 18, 2008 [Docket No. 2307].
11. Prior to the commencement of its chapter 11 case, PAMI Statler was also
involved in a dispute with First Midwest Properties, LLC (“First Midwest”) relating to the
proposed transaction for the sale of the Apartment Building. When the sale did not close, First
Midwest disputed PAMI Statler’s right to retain the deposit as liquidated damages. Subsequent
to the Commencement Date, PAMI Statler and First Midwest resolved this dispute by
stipulation, which the Court approved on February 24, 2009 [Docket No. 2916].
12.
As a result of the settlement of these disputes, PAMI Statler believes there
is little, if any, benefit to be derived by remaining in chapter 11. Because the State Court Action
was resolved, PAMI Statler’s operation of the Apartment Building is no longer at risk and its
resources will be better served by maintaining the Apartment Building and exploring options to
improve or sell the property, without the administrative costs attendant to the bankruptcy
process. For the reasons discussed herein, PAMI Statler seeks an order dismissing its chapter 11
case. "
Insomma, giustamente, han deciso di cavarsela da soli e vedere se gli conviene tenere la proprietà o venderla, senza le spese aggiuntive del Ch11.
Ho un solo dubbio in proposito alla vicenda... ma quanto costano i parcheggi negli USA???