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Whither Conneaut Lake Park Now?


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  • 2 weeks later...

From the above linked article:

“Bankruptcy absolutely has been seen as a last resort,” Turner said. “It’s my understanding we’re not under time stress if the board intends to file. We would have up until the (sheriff’s) sale in November.”

No time stress? November 7th will come quickly, perhaps more quickly than the board of trustees would like.

I feel the sudden urge to listen to that CLP Carousel Organ CD I bought last month.

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Most interesting for what it does not say:

http://mobile.goerie.com/html5/sectionfront/content/?content=27318524&type=ETN&story=Trustees+make+no+bankruptcy+decisions+for+Conneaut+Lake+Park+%28Updated%3A+9%3A+35+a.m.%29

Any ONE creditor could object to a bankruptcy reorganization. The goal of any bankruptcy is to maximize debt repayment. The issue of whether an amusement park is the highest and best use of this property would immediately arise. This is probably not a question the Trustees want to force.

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  • 2 weeks later...

I'm fairly certain I know which cottage they are referring to. There was a cottage over near Paratrooper and Tilt-A-Whirl that had partially collapsed. It was in extremely poor condition and would be dangerous if someone had attempted to enter it. But I don't see in the article anywhere that says CLP was paying for the demolition, just that they had reached an agreement with the owner of the cottage. Whether that agreement was financial or just good faith is unclear.

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http://triblive.com/mobile/6894849-96/park-sale-sheriff

Interesting. The state Attorney General's office is now arguing that the park should be tax-exempt as a charitable trust, a designation given to it by the court 11 years ago and never challenged. Also, if the sheriff's sale proceeds, that trust would mean that the buyer must use the property as a public park according to the AG's office.

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The state AG's office may want to research federal bankruptcy law. Creditors have rights that they do not forfeit merely because the debtor is tax exempt or even a charitable trust. And a federal bankruptcy court is not bound by the opinions of a state Attorney General.

There is no specific legal advice meant for a particular client contained herein. The author is not engaged in the private practice of law in Pennsylvania, the District of Columbia or any United State. Consult a competent attorney should you have, or think you may have, a legal problem. Bankruptcy is a specialized area of law, and it is particularly important that any advisor you engage be highly skilled, experienced and knowledgable. Legal outcomes cannot be predicted with precision and prognostications are offered without warranty, express or implied. The reader does not secure an attorney/client relationship by reading musings on an Internet forum.

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If I'm understanding this right, the AG is arguing in state court that the back taxes for which the park is headed to a sheriff's sale should never have been assessed in the first place, and thus there are no valid grounds for a sheriff's sale. AFAIK, bankruptcy court is not involved yet because no bankruptcy has been filed yet.

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  • 3 weeks later...
  • 2 weeks later...
  • 1 month later...

Park To File Bankruptcy This Afternoon In Order To Attempt To Avoid Tax Sale:

http://triblive.com/mobile/7299450-96/park-sale-sheriff

If they think they will be allowed to re-organize in possession, they are almost certainly sadly mistaken.

Terp, who is not engaged in the private practice of law in the Commonwealth of Pennsylvania, the District of Columbia, or any United State. There is no legal advice intended for any particular client contained herein. Consult a competent attorney in your jurisdiction should you have, or think you may have, a legal problem. Legal outcomes cannot be predicted with certainty. This is a disclaimer.

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