Think the two of you could put your heads together to create a sub title for the Doc?
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Mid-Atlantic The Neverending Timberline, WV: Info, Weather, and Stoke
I think it may just be an issue of searching for the correct case number. Case 2:19-bk-12775 has 132 entries, but case 2:19-bk-12771 has all the recent good stuff.
I'm not sure of which case is which or exactly how it works but even through the cases are jointly administered the documents seem to only show up in one or the other.
Effectively, this motion seems to have the same power as conversion to Chapter 7.
Also, it was interesting to read the clause about Fred and Tracy Herz:
“5. Fred and Tracy Herz (the "Herzes") will be comptetely removed from the marketing and sale process and any other matters committed to the Manager under this Term Sheet.
a. The Herzes shall have no contact with any potential bidder, creditor, or other parties in interest in the bankruptcy case until the consummation of the sale.
b. The Herzes shall refrain from any involvement, interference, or commentary and shall maintain complete siience and removal with respect to the Debtors.
c. The Herzes shall make no social media posts, emails, or other communications with any person that relate to or otherwise interfere with the marketing or sale of the assets, unless otherwise requested by the Manager.
d. The Herzes shall cooperate with all reasonable requests of the Manager.
a. The Herzes will remain responsible for the preparation and filing of operating reports.“
Basically reads like a cease and desist order.
Also, it was interesting to read the clause about Fred and Tracy Herz:
“5. Fred and Tracy Herz (the "Herzes") will be comptetely removed from the marketing and sale process and any other matters committed to the Manager under this Term Sheet.
a. The Herzes shall have no contact with any potential bidder, creditor, or other parties in interest in the bankruptcy case until the consummation of the sale.
b. The Herzes shall refrain from any involvement, interference, or commentary and shall maintain complete siience and removal with respect to the Debtors.
c. The Herzes shall make no social media posts, emails, or other communications with any person that relate to or otherwise interfere with the marketing or sale of the assets, unless otherwise requested by the Manager.
d. The Herzes shall cooperate with all reasonable requests of the Manager.
a. The Herzes will remain responsible for the preparation and filing of operating reports.“
Basically reads like a cease and desist order.
Phreddy and the Missus are in the news again.
"The following criminal complaints have been fi led in the Tucker County Magistrate Court: • Frederick and Tracy Herz, Davis, was charged with fi ve counts of open dumps. The complaints state that on March 18, 2019 WV DEP issued a Notice of Violation (NOV) to both defendants for having an open dump on the property. The open dump consisted of solid waste including, furniture, mattresses, broken snow making and moving equipment, piping, tires, household waste, appliances, etc. They were instructed to cease all dumping of solid waste and remove the materials to an approved landfi ll or transfer station within 30 days. A written response was to be sent to the Inspector within 30 days, detailing the actions taken to abate the violation. On April 24, 2019 WV DEP issued a second NOV for having an open dump on the property. They failed to respond to the second NOV and remove the solid waste from the location. On May 2, 2019 the Inspector located additional solid waste on the Timberline property that the defendants failed to make known to the Inspector during original inspection on March 18, 2019. The additional solid waste consisted of snowmobiles, snow moving machinery, barrels of oil, old batteries, and fi ve gallon buckets of various liquids. On July 2, 2019 the Inspector located additional solid waste near the old sewage lagoons that were previously under “Timberline’s” control that the defendants failed to make known under the original inspection. The solid waste consisted of old ski-lift gondolas, barrels and other ski-lift objects and materials. On Aug. 14, 2019 WV DEP issued a third NOV to the defendants for having open dump on the property. On Mar. 18, 2019, April 24, 2019, May 2, 2019, July 2, 2019, Aug. 8, 2019 and Aug. 14, 2019 the Inspector photographed the open dump. Because of the defendant’s failure to resolve the matter, WV DEP is seeking further enforcement action. Both posted a $2,500 PR Bond." https://www.parsonsadvocate.com/eadvocate/pa103019/
"The following criminal complaints have been fi led in the Tucker County Magistrate Court: • Frederick and Tracy Herz, Davis, was charged with fi ve counts of open dumps. The complaints state that on March 18, 2019 WV DEP issued a Notice of Violation (NOV) to both defendants for having an open dump on the property. The open dump consisted of solid waste including, furniture, mattresses, broken snow making and moving equipment, piping, tires, household waste, appliances, etc. They were instructed to cease all dumping of solid waste and remove the materials to an approved landfi ll or transfer station within 30 days. A written response was to be sent to the Inspector within 30 days, detailing the actions taken to abate the violation. On April 24, 2019 WV DEP issued a second NOV for having an open dump on the property. They failed to respond to the second NOV and remove the solid waste from the location. On May 2, 2019 the Inspector located additional solid waste on the Timberline property that the defendants failed to make known to the Inspector during original inspection on March 18, 2019. The additional solid waste consisted of snowmobiles, snow moving machinery, barrels of oil, old batteries, and fi ve gallon buckets of various liquids. On July 2, 2019 the Inspector located additional solid waste near the old sewage lagoons that were previously under “Timberline’s” control that the defendants failed to make known under the original inspection. The solid waste consisted of old ski-lift gondolas, barrels and other ski-lift objects and materials. On Aug. 14, 2019 WV DEP issued a third NOV to the defendants for having open dump on the property. On Mar. 18, 2019, April 24, 2019, May 2, 2019, July 2, 2019, Aug. 8, 2019 and Aug. 14, 2019 the Inspector photographed the open dump. Because of the defendant’s failure to resolve the matter, WV DEP is seeking further enforcement action. Both posted a $2,500 PR Bond." https://www.parsonsadvocate.com/eadvocate/pa103019/
Some of this waste is valuable metal recyclables, some needs careful disposal. Guess it’s too much to ask the town to pitch in and take this away? Would go a long way to helping someone buy the resort. Showing some group effort and a willingness to let bygones be bygones. Of course, I bet this comment is met with open fury.
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Yeah, given that none of the discussions seem to have been on how the Herzes can restructure the business after wiping away some debt, and the focus has been on how to sell it to maximize the money available to pay creditors, this seems like Chapter 7 in Chapter 11 clothing. Who knows why . . .
Well there's likely to be fury at why it got that way in the first place (maybe there already is)... outside of that, I think it's a good idea to ask the town to help and form some sort of partnership, provided that you build that relationship and trust over time, don't abuse things, and aren't just looking for a handout or someone else to blame. I'm not sure any of those things would be viewed as the case here. I'm not a local, but from what I gather from this thread and a few others, and couple of folks I know, T'line management has not fostered a lot of goodwill with the town in the way that makes a successful town/business partnership.
The town seems (in my somewhat uninformed opinion) more likely to not want to do anything until this all plays out, since they'll not want to cause any issues with the sale or anything to get in the way of a future relationship with the new owners.
I think that Fred and Tracy Herz should rent a dumpster and load this garbage up themselves, might help them build some character. I guess it would be too much to ask that you quit bashing the local townspeople and somehow trying to make this their fault. No fury, just being hopeful. Undoubtedly you are one of the internet trolls that are mentioned in the court documents?
Bygones will be bygones when Herz, Herz and Reichle are all gone.
This is how I'm reading the situation too.
I like what you said there!! It would be huge positive publicity for them to do it. That would totally be in every ski newspaper and potential ski resort operators would take notice. Put a smile on everyone’s face. They can get it done legally it would not be too difficult. Just say it is an emergency or some other legal bullshit. It would just be an awesome step of public positivity.
I’m not bashing the town, I think the town needs to be an active player in this. It doesn’t matter who’s right or wrong in the long run, it matters what happens in the future. I would like there to be a ski resort because it’s super steep and a lot of fun. Totally every ski resort buyer would be reading about how great the town is. Is it going to happen? It would be huge in the news.
Well if you'd like to take that out of my post, and ignore the reasons the town shouldn't and won't do it, you're welcome to. But if that's all you understood of my post, you missed my larger point I think.
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Anyone with a brain can see how great the town is and exactly what caused Timberline the Resort to fail. You have been insinuating and saying since you showed up here that the locals are to blame for the failures of Timberline. That somehow the backwards town folks are the reason poor Fred and Tracy couldn't sell. How exactly or why should the town become "an active player in this." ? The Herz' should become an active player in this and clean that mess up themselves.
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Tline is hardly "super steep" although it was a lot of fun. If the property is ultimately bought by a ski company cleaning up the Tline junkyard is going to be the least of their problems after new snow system, new lodge, new lifts, new groomers, updated electrical system, updated water system, new snow mobiles, new rental equipment, new parking lot, new staff and convincing old customers to come back and new customers to visit. Cleaning up the junkyard is a footnote.
Just curious, you are aware that the towns of Davis and Thomas are independent of the goings on in the Valley, no? Canaan Valley isn't inside the municipal boundaries of either, even though some parts share a zip code. Although they benefit from strong, viable businesses in the area, why would they take any responsibility for Timberline's mess? You can be assured that Timberline wasn't looking out for Davis' best interest.
While I don't know the current state of Davis/Thomas bank accounts, I would assume they aren't flush with excess cash to clean up after private businesses outside their corp limits.
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Don't forget the mining devastation and the ugly power plant keeping tourists away Jimmy.
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Thanks!
Yep, Town can't do anything, Timberline is 15 miles away. Although we hope for the best, of course.
We are working hard to do something about the decaying motel/gas station in town. It will cost a lot to properly get rid of that eyesore (there are buried gas tanks, etc.), and we are not a town full of excess funds, but I'm hoping its taken care of in the next year or so (of course I've said that before). Heck we'd have a great river view at Stumptown if that were gone.
The old Shop & Save in the middle of town (where the chainsaw carvings were done until recently) just closed, so that should hopefully be fixed up in the coming months as well (not sure I totally understand what is going in there, but at least it should undergo renovations and look good). Now if we could just get a good tenant to go into the old Blackwater Brewing location (along with getting the old motel/gas station gone) then things will be shining up pretty well around here. (I'm assuming that you all have seen the newly constructed Blackwater Bikes shop on the river in town, as well as the renovations to the old Grandpa's Attic building next to the old bank building in town as well that have happened this year)
Never heard the complaint about passing active mining on the way here before, that is a first. Most just think of it as seeing part of WV past time.
We are working hard to do something about the decaying motel/gas station in town. It will cost a lot to properly get rid of that eyesore (there are buried gas tanks, etc.), and we are not a town full of excess funds, but I'm hoping its taken care of in the next year or so (of course I've said that before). Heck we'd have a great river view at Stumptown if that were gone.
The old Shop & Save in the middle of town (where the chainsaw carvings were done until recently) just closed, so that should hopefully be fixed up in the coming months as well (not sure I totally understand what is going in there, but at least it should undergo renovations and look good). Now if we could just get a good tenant to go into the old Blackwater Brewing location (along with getting the old motel/gas station gone) then things will be shining up pretty well around here. (I'm assuming that you all have seen the newly constructed Blackwater Bikes shop on the river in town, as well as the renovations to the old Grandpa's Attic building next to the old bank building in town as well that have happened this year)
Never heard the complaint about passing active mining on the way here before, that is a first. Most just think of it as seeing part of WV past time.
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