September 15, 2007

Alone and our voice is small. — Together we will be heard. ” Barbara Bowen, NAM
“ Many voices make a platform on which all of us can stand ” - Murna Lindsey, NAM

Bankruptcy
and the Campground Member

Bankruptcy Fraud?

What is the biggest asset of a bankrupt campground or camping club?

Not the campground(s). Not the equipment. Not the unpaid “initiation fees.” It is, emphatically, the list of dues paying members!

It is ironic that, in a bankruptcy, no camping club or campground identifies the membership list as an asset in their bankruptcy filings. Why? This list is a qualified marketing tool that is valuable to other camping clubs and campgrounds.

Too often these ‘members’ are passed from campground to campground as though the ‘members’ were the private chattel of unscrupulous operators. The members are told that they must continue to pay their annual dues, often at higher rates, to campground after campground.

The “true nature” of the campground membership list is either concealed from or misrepresented to the courts.

Are “Unpaid Initiation Fees” Assets in a bankruptcy?

We submit that this is true ONLY if the campground survives the bankruptcy intact. All considerations that induced you to purchase the membership must remain to your benefit if you are to be expected to pay the balance of your “Initiation Fees”.

A Campground is a Campground — NOT!

Every campground is unique. They are not interchangeable, as some bankruptcy courts have been led to believe. It is neither proper nor acceptable for memberships to be arbitrarily assigned from one bankrupt camping club/campground to another without the member’s permission. The unique qualities and locations of specific campgrounds was a deciding factor in the member’s decision to purchase a membership. (You purchased a membership in what you considered to be a “Cadillac Campground”. Who, even a court, has the right to decide that a “Kia” or “Honda” campground should have equal value to you?)

Membership Campgrounds Owe Future Services

Members are CREDITORS in the bankruptcy. Members are entitled to future services promised at the time of purchase – or a refund of the fees paid for those services.

Who Represents the “Members” in a Bankruptcy?

Certainly not the bankrupt campground. Not the court. Not the other creditors. (Yes, “other” creditors.)

Campground members are creditors in the bankruptcy of a campground. The campground owes members future services that they probably cannot deliver. Members’ interests in a bankruptcy are unique and separate from every one else involved in a bankruptcy. What is the value of these undeliverable services that should be recovered by the members? Campground members should be “Priority” creditors in the bankruptcy.

Members should quickly establish a “Committee of members” to act on their behalf very early in the bankruptcy. This Committee should seek to convince the court to establish a separate “Creditor’s Committee for Members” of the Bankrupt Campground. It would be wise to ask a local attorney to help with this effort. If successful, the fees for this attorney will be paid from the assets of the bankruptcy. Members often know things about the assets of the bankrupt campground that others will be reluctant to reveal to the court.

Lifetime Membership Does NOT Equal Lifetime Dues

Some campers are promised, at the time of sale, that they will never have to pay another ‘Initiation Fee’ if they will advance an additional few thousand dollars. This is sometimes referred to as a ‘Lifetime Membership’. None are told that they will be expected to pay annual fees UNTIL THEY DIE or convince someone else to do the same. Some courts have ruled that such an alleged commitment would be against public policy and not permitted. Any victim of this scheme should fight back. We have posted some tips on this web site.

Travel America vs Campers — Again!

NAM still gets complaints about Travel America’s and their continuing efforts to intimidate (Extort?) money from members of bankrupt campbrounds.

[ Still More Complaints [ Click Here ]

Do You Owe Annual Fees to Them?

Here’s the bottom line: If you use the campgrounds - you must pay the fees. They maintained some campgrounds for your use - it’s only fair that they be compensated for that effort.

On the other hand, if you never signed a contract with Travel America; you do NOT use their facilities. You do NOT owe them money!

They simply obtained a membership roster from a bankrupt campground and started demanding that you send them money. They never promised to provide all of the services and facilities that you originally purchased.
Travel America and their accomplices have been repeatedly notified by NAPIER, WOLF & NAPIER that they must stop such harassment.

See copy of the letter [ Click Here ]

What should you do if Travel America or their accomplices come after you?

Get Angry - Fight back!

File formal written complaints with:

1. The US Federal Trade Commission:
   US Federal Trade Commission
   Re: Unfair/Illegal Practices Across State Lines
   600 Pennsylvania Avenue N.W.
   Washington, D.C. 20580
   ftc.gov/ftc/cmplanding.shtm

2. Ask your Consumer Protection Office for help/advice.

3. The Attorney General in YOUR state and the states where the crooks do business

4. The US Postal Service:
   US Postal Service
   Re: Using Mail to Fraudulently Extort/Harass
   CRIMINAL INVESTIGATIONS SERVICE CENTER
   ATTN: Mail Fraud
   222 S. Riverside Plaza STE 1250
   Chicago, IL 60606-6100
   www.usps.com/postalinspectors/fraud

Never threaten or bluff - just DO IT!