Judge expected to approve Copia bankruptcy deal in November
By JENNIFER HUFFMAN
Register Business Writer
October 28th, 2009
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Less than a year after Copia filed for bankruptcy, the judge and attorneys in the case of Napa’s wine-and-food themed cultural center said the matter is likely to wrap up by next week.
That move would set the stage for former Copia employees to be paid, for creditors to get some of the money Copia owes them and for the sale at auction of Copia’s assets, including the building and 12 acres in downtown Napa.
“We’re clearly moving forward,” said acting Copia President Joe Fischer.
Copia attorney John MacConaghy said former employees who are owed back wages and vacation pay could be paid as soon as Dec. 1. Unsecured Copia creditors are expected to receive 13 cents on the dollar for what they are owed by Dec. 31, he sad.
U.S. Bankruptcy Judge Alan Jaroslovsky said he intended to confirm Copia’s proposed liquidation plan by Nov. 6.
The focus of the case has been arranging payment of Copia’s debts and sale of the property while the holder of Copia’s approximately $78 million debt, Maryland-based ACA Financial Guaranty, gets maximum value for the failed wine center.
On Tuesday, attorneys told Jaroslovsky they’ve ironed out most of the issues.
“We believe we’ve worked out an agreement,” ACA Financial Guaranty attorney Louis Cisz said.
“I’m relieved and delighted,” MacConaghy said outside of court. “Napa owes a great debt to ACA for ameliorating a very unfortunate financial situation.”
A separate agreement between Copia and the California Department of Parks and Recreation, which granted Copia more than $1 million in 2003, appears imminent, MacConaghy said.
The state agency gave Copia money for historical and educational resources and exhibits including a greenhouse, children’s garden, community garden and promenade. With Copia closed, the state hopes to reinstall the exhibits at another location.
Jaroslovsky’s OK would clear the way for the sale of the downtown property, currently being marketed for an unnamed price. At least one Napa-based group of investors has expressed interest, and Culinary Institute of America officials have said their school might like to make use of the old Copia facilities.
Jaroslovsky also heard from an attorney for William McGrane, the key figure in a firm created specifically to buy into the Copia bankruptcy case. At one point, Copia Claims, a company McGrane was involved with, offered cash to help pay Copia creditors in an effort to gain a larger role in the liquidation of the center’s assets.
Copia Claims’ efforts were rejected, and the firm filed a separate lawsuit related to Copia in the U.S. District Court in Sacramento.
Jaroslovsky, as he has throughout the bankruptcy case, indicated he was skeptical of McGrane’s motives. “I don’t know what McGrane is up to,” Jaroslovsky said, as he overruled McGrane’s attorney’s objection to an aspect of the Copia liquidation plan.
Copia, launched by Robert Mondavi and other investors, opened in 2001 and offered dining, concerts, art installations, cooking and wine appreciation classes, movies and more. Though highly touted, the center struggled financially from the start and folded in November of 2008.
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megapixel wrote on Oct 28, 2009 9:48 PM:
Unloading the city's white elephant at the corner of Soscol and First, and selling the property currently used for City Hall, would raise money to help pay for such a move. "