he main lender is Canpartners Realty Holding Co. IV LLC, an affiliate of Canyon Capital Realty Advisor that successfully had a court-appointed receiver take control of the property in March after other alleged creditors jumped in and forced the borrower, which had defaulted on a us$ 56-million loan, into Ch. 11 bankruptcy in April, thereby preventing an earlier attempt by Canpartners to sell the property.
Judge Peter J. Walsh approved the sale by granting Canpartners motion for relief from the automatic stay caused by the bankruptcy filing. He noted in his order that no objections to the motion or the waiver of the 10-day stay requirement had been filed with the court and that the motion was "in the best interest of the debtor, its estates, and the creditors."
The property was recently appraised at us$ 44 million, down from us$ 120 million in late 2007. Additional information on the timing of the planned auction was not immediately available. Canyon Capital did not return a phone call seeking comment. Upon completion of the sale, the Bankruptcy Court will be informed, after which Judge Walsh will rule on an unopposed motion to dismiss the case, according to court filings.
Greek Isles is a 202-room hotel and casino located on Convention Center Drive between Las Vegas Boulevard and Paradise Road, where much development is planned, if not at all imminent given the recession. The Greek Isles property began operation in 1972 as the Royal Inn Casino. Marriott International spent upwards of us$ 230 million a couple of years back buying up the block north of Greek Isles for an eventual convention hotel development. Immediately to the south of Greek Isle lies Wynn Las Vegas Golf Course, which also is slated for eventual redevelopment.
The borrower that was forced into Ch. 11 is GIH-SPE II LLC, which acquired the property in July 2007 for us$ 48.8 million and planned to redevelop the site with a new gaming resort. Follow the LLC trail back and the names George J. and John L. Marks show up. The Marks operate Chicago-based Mark IV Realty Inc.
Acting through Convention Center Drive LLC, Mark IV Realty acquired the property in 2000 from the World Wrestling Federation. In partnership with Delta Airlines and United Airlines, Mark IV renovated the property into the Greek Isles, a crew hotel and casino that opened in mid-2001.
The sale in mid-2007 to GIH-SPE II LLC was apparently only a recapitalization because the Marks still control the property, according to the Nevada Secretary of State’s office. Published reports that the time of the sale suggested that the property was acquired by an affiliate of DI Development Group LLC, which is controlled by Harold Rothstein. George Marks did not return a phone call seeking comment.
The lenders who stopped the planned auction a day before it was to take place with an involuntary bankruptcy petition are Beresford Bancorporation Inc.; Bigwal LLC; Windy Point Properties LLC; Dawn Place LLC; Foch Investments, Economy Currency Exchange; Hayner Group, and Frank O. Donnell. Canpartners said in its motion seeking relief from the automatic stay resulting from the petition that the lenders have failed to justify their claims against the borrower.
"Given the timing of the filing and the questionable standing of the petitioning creditors, [Canpartner] submits that the involuntary petition was filed in bad faith and the petitioning creditors have abused the judicial process solely to stall the foreclosure sale," Canyon states in court filings. "Based on the absence of any ‘equity cushion’ and the mounting losses in outstanding loan payments and accrued interest, Canyon lacks the adequate protection for its security interest in the property and is entitled to relief from the automatic stay to complete the foreclosure sale."