Along with other proud members of The Tesoro Club, I am a creditor in the Tesoro Club Chapter 7 bankruptcy which has been filed in Southern District of Florida and designated Case Number 08-29772.
Reminder: The Proof Of Claim must be filed by you to be received by the bankruptcy clerk's office no later than April 30, 2009.
Owners are asking one another what to do with the form, whether to file it and, if so, how much to include. As always, I must give the following disclaimer: This is not to be construed as legal advice. See your own attorney. I can only share my thoughts as a fellow owner.
Notwithstanding the stream of harrassing correspondence eminating from the so-called "Director of Operations" of the club, my personal feeling is that the Ginn cartel owes us the money, not the other way around.
Mr. Congdon is correct that a Chapter 7 filing does not, in and of itself, absolve one of the requirement to pay a proper obligation to the bankrupt company. But this presupposes that there is a rightful contractual obligation to do so. Apparently the Trustee has not yet been made aware of the facts in this case. It's the usual "boilerplate" advice.
For the past year, I have been trying to get my money back from the Club for its breach of contract for its failure to fulfill its obligations. More about this later.
Don't succumb to these scare tactics. Again, (now I'm wearing a belt and suspenders) that is my position, not legal advice.
Friday, March 27, 2009
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2 comments:
What about the fact that they are asking Tesoro Preserve owners who were set up with mandatory club memberships, unlike Tesoro owners, and must continue to pay $600 a month for club dues and have been told that this requirements continues with any future owner of the club as they are counting on that income and it is part of the assets. Can you believe it? Membership dues for a ghost town community.
Rena,
Unfortunately, I am not surprised by anything now. At a very minimum, Ginn has breached the Club contract. It's time to stop drinking the kool-aide. Once you take off the rose colored glasses, it is apparent just how ridiculous are all these onerous and one-sided requirements that have been imposed upon the owners.
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