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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37802
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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What happens to members rights when a private club changes

Resolved Question:

What happens to members rights when a private club changes ownership or goes public?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

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.


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