Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Your membership is a contract between you and the club. In Chapter 11, the club has the right to (1) reject your contract completely, and you would be without recourse; (2) assume your contract and continue to honor it completely; (3) try to negotiate a settlement with you, knowing that if you don't agree, the club can reject the contract. The club would have to treat every member similarly, so it would be rejecting all the contracts or assuming them or negotiating something in between. But, the point is that once in bankruptcy, the club is holding most of the cards, and if it decides to open to the public and no longer maintain expensive private memberships, then it can do it and you woul be SOL, as they say.
Re Chapter 13, only individuals can file under this chapter, so it's irrelevant. The club could also file Chapter 7 and then the bankruptcy trustee would simply liquidate the entire club to the highest bidder -- here again, you would be SOL.
Hope this helps.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).