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* CLP REPORT *
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Author Topic: * CLP REPORT *  (Read 2277082 times)

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bluebomber

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Re: * CLP REPORT *
« Reply #11190 on: February 09, 2018, 10:12:18 PM »
Doc,Bearly is a non factor. There are many of us who still do things that need to be done without "asking for permission" None of the trustees have berated me for various landscaping projects after the fact. Some have even given complements. 
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gore range

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Re: * CLP REPORT *
« Reply #11191 on: February 09, 2018, 10:45:43 PM »
New county Economic Progress Alliance director talks future of agency
by Keith Gushard Meadville Tribune, February 9, 2018


http://www.meadvilletribune.com/news/new-county-economic-progress-alliance-director-talks-future-of-agency/article_06f9ad84-0d40-11e8-a30f-233702d8104f.html

“ …  An overview of the agency's plans for 2018 and beyond as well as a recap of 2017 activities were presented Thursday night by Becker at the alliance's annual meeting at Bessemer Commerce Park in Meadville. …”

The EPACC executive direct/ and park paid CLP executive director spoke briefly of the EPACCs efforts with CLP-

Conneaut Lake Park amusement park continues to get on firm financial footing as it works its way through Chapter 11 federal bankruptcy protection, he said. The alliance manages the park under a contract with Trustees of Conneaut Lake Park, the nonprofit corporation that oversees its operations.
   
Conneaut Lake Park was able to pay off its $1.5 million in outstanding real estate tax debt owed to various area governments in 2017 while maintenance and cleanup of the park continued.

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IC2ITUC

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Re: * CLP REPORT *
« Reply #11192 on: February 11, 2018, 10:13:41 PM »
Doc,Bearly is a non factor. There are many of us who still do things that need to be done without "asking for permission" None of the trustees have berated me for various landscaping projects after the fact. Some have even given complements.
......... Thanks Bob for the info.  I Miss seeing and talking with you and the gang.  I wonder with LEE's passing , if what is left of the "Blue Street Boys" ( darn quotes again ) are still doing their thing, under and around the Coaster.  Maybe Barney and some others, still are.  I miss those guys a lot also.  I remember one evening after our Volunteer duties were done, we were all together on the Hotel Porch putting down some 'Brewskis' and Lee was out of beer.  I offered him one of my 'top shelf' OLD MILWAUKEE beers, and he laughed and refused it, saying he would "never drink that stuff", or something to that effect. If I remember correctly, he did take it, and said it wasn't so bad after all !  I sure miss him.  What a nice, gentle, happy Soul.
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jimmyt

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Re: * CLP REPORT *
« Reply #11193 on: February 12, 2018, 05:54:02 PM »
Doc,Bearly is a non factor. There are many of us who still do things that need to be done without "asking for permission" None of the trustees have berated me for various landscaping projects after the fact. Some have even given complements.
......... Thanks Bob for the info.  I Miss seeing and talking with you and the gang.  I wonder with LEE's passing , if what is left of the "Blue Street Boys" ( darn quotes again ) are still doing their thing, under and around the Coaster.  Maybe Barney and some others, still are.  I miss those guys a lot also.  I remember one evening after our Volunteer duties were done, we were all together on the Hotel Porch putting down some 'Brewskis' and Lee was out of beer.  I offered him one of my 'top shelf' OLD MILWAUKEE beers, and he laughed and refused it, saying he would "never drink that stuff", or something to that effect. If I remember correctly, he did take it, and said it wasn't so bad after all !  I sure miss him.  What a nice, gentle, happy Soul.
yep,the Blue Streak Boys are alive and well.....Chester and Barney,et al.....saw them at Pumpkinfest....I made the mistake of posting on the "official","unofficial" CLP Volunteer FB page about having a reunion tour of sorts with the "old" volunteer folks, which promptly got me, and at least one other that "liked"the post, booted from the group....
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Squirrels In Hats

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Re: * CLP REPORT *
« Reply #11194 on: February 13, 2018, 10:53:35 AM »
just read the latest post on the "unfiltered" clp pg. Cannot believe this is continuing.....
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IC2ITUC

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Re: * CLP REPORT *
« Reply #11195 on: February 14, 2018, 11:24:59 PM »
Doc,Bearly is a non factor. There are many of us who still do things that need to be done without "asking for permission" None of the trustees have berated me for various landscaping projects after the fact. Some have even given complements.
......... Thanks Bob for the info.  I Miss seeing and talking with you and the gang.  I wonder with LEE's passing , if what is left of the "Blue Street Boys" ( darn quotes again ) are still doing their thing, under and around the Coaster.  Maybe Barney and some others, still are.  I miss those guys a lot also.  I remember one evening after our Volunteer duties were done, we were all together on the Hotel Porch putting down some 'Brewskis' and Lee was out of beer.  I offered him one of my 'top shelf' OLD MILWAUKEE beers, and he laughed and refused it, saying he would "never drink that stuff", or something to that effect. If I remember correctly, he did take it, and said it wasn't so bad after all !  I sure miss him.  What a nice, gentle, happy Soul.
yep,the Blue Streak Boys are alive and well.....Chester and Barney,et al.....saw them at Pumpkinfest....I made the mistake of posting on the "official","unofficial" CLP Volunteer FB page about having a reunion tour of sorts with the "old" volunteer folks, which promptly got me, and at least one other that "liked"the post, booted from the group....
       >>>> Jim, why did they do that?  What did our Volunteer group (Your Mom included, of course - I miss her A LOT TOO) do to seemingly "fall out of favor" ??? We did A LOT for the Park, as you know.  IF you want to reply, you can put the answer(s) in a message to me, as some of the other members on here might not care OR Post it here for all to see.  P.S.  Tell Barney and Chester I said HI the next time you see them.
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The Wraith

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Re: * CLP REPORT *
« Reply #11196 on: February 24, 2018, 03:14:19 PM »
And the next act in the circus was filed Friday...... The Trustee's are looking for sanctions against a certain "creditor".

Hearing on Motion for Order (A) Enforcing the Discharge Injunction; and  (B) Imposing Sanctions for Civil Contempt of the Court's Plan  Confirmation Order Filed by Debtor Trustees of Conneaut Lake Park, Inc. . Hearing scheduled for 3/27/2018 at 10:00 AM at p04 Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh. Responses due by 3/13/2018. (Lofgren, Jeanne) 
Related:  Motion for Sanctions for Violation of the Discharge Injunction filed by Debtor Trustees of Conneaut Lake Park, Inc.
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gore range

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Re: * CLP REPORT *
« Reply #11197 on: February 25, 2018, 09:19:52 AM »
For the numerous readers who messaged yesterday, last night, and this morning asking what  does that mean, or what can be inferred from the posting’s implied and suggestive allegation-

….thanks for checking in. I apologize for seeming to ignore your individual inquires.

Just for the record, I am in fact pleasingly out on the slab delightfully rolling along America’s asphalt and concrete byways in the big red truck gradually working my way back to the mile high bunker, approaching the end of  a two-week 4,000 mile round-trip ‘haj’ to the turn-left SUPERBOWL last weekend in Daytona  :D -




Even with all the many delightful touristy and historical distractions of the relaxing trek back west across the offerings of the southern US, it took but a few a quick few key strokes this morning on the four-star lodging’s free wifi to easily pay for a copy of and actually read Friday’s Trustee’s  court filing to learn  and clarify that -

….in deed, the park is not looking for sanctions against a certain “creditor”.

Friday’s park filing in Federal Court is in response to Park Restoration LLC’s (PR) January law suit against the trustees, which PR filed in local County Courtly seeking to recover PR’s loss of the Beach Club insurance money from the park due to the park’s negligence in not having insurance on park structures as required by park contractual agreements with the Conneaut Lake Joint Municipal Authority (the local sewer authority) and Mercer County Bank.

The park argues in Federal Court PR has absolutely no previous established debt claim against the park.

For newer readers, the Beach Club fire insurance dispute predated the park’s bankruptcy filing.

The park points out PR did not file for, nor was identified as a creditor in the park’s bankruptcy filing. In fact, per the park’s bankruptcy filing documentation, PR owes the park money.

And just in case, the park points out, and provides the documentation, PR was specifically officially notified of the last date in 2015 by which PR could file a debt claim against the park. No debt claim was filed by PR against the park.

The park argues Park Restoration’s law suit violates the bankruptcy court’s bankruptcy confirmation order protecting the park against collections efforts on any previous debts. Essentially, in simple lingo, the park argues PRLLC’s s case is a frivolous suit which violates the court’s bankruptcy order protecting the park , needlessly and illegally harming the park in it bankruptcy reorganization efforts to successfully navigate bankruptcy debt repyament.

In simple terms, the  park argues PR is SOL on any frivolous, alleged debt claims.

A rather intriguing, if not novel, development is that the park is not asking the court to impose sanctions on PR, as PR has already established in Federal Court PR has no assets, and has no cash pay any court ordered sanctions for PR’s civil contempt of the Court's Plan  Confirmation Order.

Of note, the park is asking the Federal Court to sanction PR’s legal counsel (to pay the park’s legal costs in the matter) if PR’s attorney continues any efforts what so ever in pursuing PR’s suit against the park, to include even objecting to the park’s Friday’s motion to the court.

Additionally, on a note of likely “h-m-m-m-m” interest to long time readers, there is only one name in the court documents identified representing PR in the current matter -

….Steve Popovich.

It will likely be an interesting and informative hearing and ruling as the park’s legal counsel appeared to expend considerable (costly) effort writing the rather lengthy filing citing numerous previous case law rulings establishing why PR is out-to-lunch in the matter.

As always, time will tell how the continuing near-quarter century of seemingly never-ending “TNT loves drama”  works out.

For the newer readers, Bill Clinton was president and ordered bombing Serbs in Bosnia, the deadly Oklahoma City bombing occurred, and OJ was found innocent, back in the year when the park filed for bankruptcy, and subsequently was then liquidated, which started the already-deflated ball rolling on the park’s current continuing-to-decline and costly travails.
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nobs_CLP

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Re: * CLP REPORT *
« Reply #11198 on: February 25, 2018, 03:25:45 PM »
The debt only recently occurred in 2017 when the taxing bodies were awarded the $478K in insurance money that was property of PR.Since the debt just occurred, it did not exist prior to 2015 and could not have been declaired to the bankruptcy court by PR.The trustees are responsible for all new debt incurred after filing for bankruptcy.The legal council to the trustees is incorrect but in that court room, it seems that it's the trustees way or the highway; irregardless of the facts.

For the numerous readers who messaged yesterday, last night, and this morning asking what  does that mean, or what can be inferred from the posting’s implied and suggestive allegation-

….thanks for checking in. I apologize for seeming to ignore your individual inquires.

Just for the record, I am in fact pleasingly out on the slab delightfully rolling along America’s asphalt and concrete byways in the big red truck gradually working my way back to the mile high bunker, approaching the end of  a two-week 4,000 mile round-trip ‘haj’ to the turn-left SUPERBOWL last weekend in Daytona  :D -




Even with all the many delightful touristy and historical distractions of the relaxing trek back west across the offerings of the southern US, it took but a few a quick few key strokes this morning on the four-star lodging’s free wifi to easily pay for a copy of and actually read Friday’s Trustee’s  court filing to learn  and clarify that -

….in deed, the park is not looking for sanctions against a certain “creditor”.

Friday’s park filing in Federal Court is in response to Park Restoration LLC’s (PR) January law suit against the trustees, which PR filed in local County Courtly seeking to recover PR’s loss of the Beach Club insurance money from the park due to the park’s negligence in not having insurance on park structures as required by park contractual agreements with the Conneaut Lake Joint Municipal Authority (the local sewer authority) and Mercer County Bank.

The park argues in Federal Court PR has absolutely no previous established debt claim against the park.

For newer readers, the Beach Club fire insurance dispute predated the park’s bankruptcy filing.

The park points out PR did not file for, nor was identified as a creditor in the park’s bankruptcy filing. In fact, per the park’s bankruptcy filing documentation, PR owes the park money.

And just in case, the park points out, and provides the documentation, PR was specifically officially notified of the last date in 2015 by which PR could file a debt claim against the park. No debt claim was filed by PR against the park.

The park argues Park Restoration’s law suit violates the bankruptcy court’s bankruptcy confirmation order protecting the park against collections efforts on any previous debts. Essentially, in simple lingo, the park argues PRLLC’s s case is a frivolous suit which violates the court’s bankruptcy order protecting the park , needlessly and illegally harming the park in it bankruptcy reorganization efforts to successfully navigate bankruptcy debt repyament.

In simple terms, the  park argues PR is SOL on any frivolous, alleged debt claims.

A rather intriguing, if not novel, development is that the park is not asking the court to impose sanctions on PR, as PR has already established in Federal Court PR has no assets, and has no cash pay any court ordered sanctions for PR’s civil contempt of the Court's Plan  Confirmation Order.

Of note, the park is asking the Federal Court to sanction PR’s legal counsel (to pay the park’s legal costs in the matter) if PR’s attorney continues any efforts what so ever in pursuing PR’s suit against the park, to include even objecting to the park’s Friday’s motion to the court.

Additionally, on a note of likely “h-m-m-m-m” interest to long time readers, there is only one name in the court documents identified representing PR in the current matter -

….Steve Popovich.

It will likely be an interesting and informative hearing and ruling as the park’s legal counsel appeared to expend considerable (costly) effort writing the rather lengthy filing citing numerous previous case law rulings establishing why PR is out-to-lunch in the matter.

As always, time will tell how the continuing near-quarter century of seemingly never-ending “TNT loves drama”  works out.

For the newer readers, Bill Clinton was president and ordered bombing Serbs in Bosnia, the deadly Oklahoma City bombing occurred, and OJ was found innocent, back in the year when the park filed for bankruptcy, and subsequently was then liquidated, which started the already-deflated ball rolling on the park’s current continuing-to-decline and costly travails.
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gore range

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Re: * CLP REPORT *
« Reply #11199 on: February 25, 2018, 11:59:04 PM »
….related comments passed along from the closed-to-the-public CLP Volunteer Group page-


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Acctool

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Re: * CLP REPORT *
« Reply #11200 on: February 26, 2018, 06:23:58 PM »
….related comments passed along from the closed-to-the-public CLP Volunteer Group page-





$150K   :rofl: Whenever these con-artists are feeling frisky about bringing actual proof of crimes committed rather than  :bs: they can send the AG's office on by. And don't forget the TV cameras!
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The Wraith

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Re: * CLP REPORT *
« Reply #11201 on: February 26, 2018, 08:36:01 PM »
Did anyone catch that part when he (Gore) typed so much he contradicted his own point.......

Who knew one simple sentence could cause so much implied and suggestive meanings that it required GOREnotes. LOL

NOBS: If PR is an after the fact creditor, it happened after bankruptcy and you move to the back of the line and wait since PR never filed at the beginning. Your counsel appears to have jumped the gun and is possibly going to pay the price. Might try another option that would travel through the bankruptcy.......... and about that jumping the gun thing:

"The Courts will defend discharged debtors, and punish creditors and their attorneys, who are found to have violated the discharge injunction."

"A court may impose civil contempt sanctions where there is clear and convincing evidence that (1) a valid order of the court existed; (2) the defendant had knowledge of the order; and (3) the defendant disobeyed the order. See Robin v. Woods, 28 F.3d 396,399 (3d Cir.1994); In re Close, 2003 WL 22697825 at *10.

Previously, a Judge of the United States Bankruptcy Court for the Eastern District of Pennsylvania awarded $198.00 in actual damages against a Credit Union and their attorneys when they pursued monetary damages in connection with an in rem mortgage foreclosure action against a discharged debtor. While that amount does not appear to be significant, it is worth mentioning that the Court awarded substantial attorney fees plus costs to the debtor’s attorney in connection with the award."


To be noted: The defendant in the Trustee's case filing is Park Restoration, not their counsel. The case filed in the county court system in January 2018 with a case no.
AD 2018-32 lists the Plaintiff: PARK RESTORATION LLC and the Defendant: TRUSTEES OF CONNEAUT LAKE PARK INC. - Which is by the way, Exhibit C of the Trustees motion. So yes, I think that qualifies as "creditor".


ACCTOOL: Where have you been?

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clp_lives

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Re: * CLP REPORT *
« Reply #11202 on: February 26, 2018, 08:47:50 PM »
The debt was not there in 2015 so again how are you expected to file before it existed?

Did anyone catch that part when he (Gore) typed so much he contradicted his own point.......

Who knew one simple sentence could cause so much implied and suggestive meanings that it required GOREnotes. LOL

NOBS
: If PR is an after the fact creditor, it happened after bankruptcy and you move to the back of the line and wait since PR never filed at the beginning. Your counsel appears to have jumped the gun and is possibly going to pay the price. Might try another option that would travel through the bankruptcy.......... and about that jumping the gun thing:

"The Courts will defend discharged debtors, and punish creditors and their attorneys, who are found to have violated the discharge injunction."

"A court may impose civil contempt sanctions where there is clear and convincing evidence that (1) a valid order of the court existed; (2) the defendant had knowledge of the order; and (3) the defendant disobeyed the order. See Robin v. Woods, 28 F.3d 396,399 (3d Cir.1994); In re Close, 2003 WL 22697825 at *10.

Previously, a Judge of the United States Bankruptcy Court for the Eastern District of Pennsylvania awarded $198.00 in actual damages against a Credit Union and their attorneys when they pursued monetary damages in connection with an in rem mortgage foreclosure action against a discharged debtor. While that amount does not appear to be significant, it is worth mentioning that the Court awarded substantial attorney fees plus costs to the debtor’s attorney in connection with the award."


To be noted: The defendant in the Trustee's case filing is Park Restoration, not their counsel. The case filed in the county court system in January 2018 with a case no. AD 2018-32 lists the Plaintiff: PARK RESTORATION LLC and the Defendant: TRUSTEES OF CONNEAUT LAKE PARK INC. - Which is by the way, Exhibit C of the Trustees motion. So yes, I think that qualifies as "creditor".


ACCTOOL
: Where have you been?


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gore range

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Re: * CLP REPORT *
« Reply #11203 on: February 26, 2018, 09:22:27 PM »
....work to begin on the lake’s new funded $3-plus million focal point of day-trip recreation/tourism-

Construction on Conneaut Lake revitalization project begins once weather breaks
 Jane Smith, Meadville Tribune

Several Conneaut Lake area residents scanned blueprints and architect drawings of the planned revitalization work to start soon at Conneaut Lake as about 50 people gathered to hear the plans from Bill Eldridge, borough council member and president of the Conneaut Lake Community Development Committee.

After six years of planning, raising funds and preparing for the project, Phase One is ready to go as soon as the weather cooperates.

A slide presentation of two parts of Phase One — a portion of Water Street and of Fireman's Beach — was given as Eldridge reviewed the details and answered questions from the audience.

The Water Street renovations will begin on First Street at the corner where Livingston's Quality Meat is located and will end just past Second Street in the area in front of Marquette Savings Bank and Lakeside Sweets. Work includes new curbs, sidewalks, placing all the utility lines underground, adding decorative lighting, stormwater drainage and enhancing streetscapes.

New three-foot high masonry urns with shrubs will be placed on the street corners.
Eldridge said he and contractors went to all the business owners along that area recently, described what was going to happen during construction and answered questions. Although there will be no parking on either side of Water Street during the work, temporary ramps will be erected to give access to the businesses.

Since parking on both sides will be eliminated during construction, that will free up space to allow two lanes of traffic to operate. Work will be done one side at a time, he said, starting with the northern side from approximately March 18 to May 18. Work then will follow on the southern side and is to be completed within 120 days.
The curbs will be done in accordance with the Americans with Disabilities Act (ADA).
Flower beds and landscaping will be done at Memorial Park.

Fireman's Beach renovations will include a new circular entrance with a sign marking it as the beach. Eldridge outlined the new boat docking system and details of the new pedestrian promenade, connecting the beach to Ice House Park and allowing people to walk along the beach without trespassing on private property.

The picnic shelter will be moved closer to the restrooms, and a new playground will be erected. That will allow families to have picnics near a playground and restrooms and use of the beach without worrying about conflicts with trucks towing boats.

The docking system will include two metal floating docks which meet ADA specifications. When all the work is complete, an additional 16 docks will be available for rental at a fee of $800. Some "build your own" docks remain available for the normal $600 annual fee.

Work on Fireman's Beach will begin as soon as weather permits and will be completed by May 25 for the start of the Memorial Day weekend. If for some unforeseen reason the work on the beach is not done by May 25, it will be halted and resumed after Labor Day. If there's a delay in the new docks being received, that work will continue through the summer.

Most of the questions asked during Friday's town hall meeting concerned docks. One man was disappointed that docks won't be available until Memorial Day, noting currently he can dock in April. Eldridge said boats can be launched from a site on the northern end of the lake until Fireman's Beach is open.

One man said the borough is "shortening the boat season and raising the prices on boat docks." Eldridge replied, "You could look at it that way." Eldridge said docks cannot be used during the construction and the committee had to look at the majority use, which is after Memorial Day.

The new docks will require less work and those renting them "don't have to worry about fixing them," Eldridge said. He said this year's season may be shorter by four to six weeks, but renters will have 20 to 30 seasons of new docks.

The presentation closed with the detailing of seven benefits of the project, including beautification, having a sustainable beach and downtown environment, and the possibility of biking and walking trails expanding from Meadville to Conneaut Lake.

The borough has received more than $3 million in grants and private donations for the revitalization project.

Asked about Phase Two, Eldridge said the Conneaut Lake Community Development Committee has received $475,000 in one grant toward the work and is seeking more grants. He said work will be one  block at a time as funds are raised.

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The Wraith

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Re: * CLP REPORT *
« Reply #11204 on: February 27, 2018, 01:24:15 AM »
The debt was not there in 2015 so again how are you expected to file before it existed?


Well, if memory serves, the entire Beach Club insurance drama started August 23, 2013 when the first suits were filed. That in turn led to the County Court placing the funds into an escrow account.

On December 4, 2014 the Trustee's filed for Chapter 11 Bankruptcy Protection.

The park provides documentation of the fact that it advertised for creditors to join/identify to be listed in the case and that PR, at that time, did not file as a creditor. In hindsight, PR probably should have filed at that time in the event that the pending court case did not go their way. The only way for PR to be added after that date would have been for the Debtor to submit an amended disclosure of debt, which it ultimately did around January 23, 2015. PR was not a part of that submission. If it had, it would have been moved to the back of the line as newer incurred debt.

On February 13, 2015 the Bankruptcy Court agreed to take over jurisdiction of the insurance at the request of both parties.

As everyone now knows, on an opinion of first impression - establishing a precedent on the issue - the US District Court of Appeals awarded the taxing authorities the entire insurance payment on May 3, 2017.

On August 16, 2017 the Crawford County Treasurer reported that the taxing authorities debt had been discharged and that the court had approved release of the insurance funds from the escrow account on September 8, 2017.
 
So now the questions are these:
1) Since the date of origination of the insurance proceedings was established before the bankruptcy filing, should PR be treated as a non enjoined creditor?
2) Since the decision of the Court of Appeals occurred after the filing date of the bankruptcy proceedings, should PR be recognized as a post filing creditor and allowed to pursue the debtor unencumbered by the bankruptcy court restrictions or discharge?
3) Should the debtor have to submit an amended accounting of their debts to include PR as a result of the post filing court decision?
4) Did PR sacrifice status as a creditor in all circumstances since it did not come forward and claim that status, or possibly reserve it, at the outset?

There are more, but those seem to be the easiest to explain in layman's terms.

The biggest issue is the funds they are trying to pursue were involved in a discharge. That should have screamed caution and proceeding a bit slower.

As one of the papers on this issue states: "Violate the Discharge Injunction at Your Own Peril and that of your Client’s." Do your due diligence first.

As stated previously - there may be some very interested eyes watching this hearing.
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« Last Edit: February 27, 2018, 01:36:41 AM by The Wraith »
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