 |
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:
-
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
-
-
-
Never threaten Never bluff
- just DO IT! -
-
Your complaints about Travel
America are NOT “contract disputes”.
-
You do not have a contract with
Travel America!
-
They simply obtained your information
from a bankrupt camping club,
started demanding money from
you — and never promised you
anything in return.
-
Now they “Hide their money” in
order to keep you from suing
them and harass you demanding
money they do not deserve.
This web
site contains several items that
can help you file your complaints
[ Click Here ].
Still More Complaints About Travel America
Please Help Me...
I am 71 yrs old on Soc Sec and my husband
is in frail health, we are being extorted
for money we do not owe, this company is
intimidating, harassing and infringing on
my health. We are part of a Class Action
Settlement that was closed in OUR FAVOR,
ON 4-12-07, we received a check for $780.00
we paid out $5,590.00. The resort went bankrupt
in 1994, we never visited any of their resorts.
The name of the company when we signed the
contract was Thousand Adventures, when they
went bankrupt in 1994 at that time we were
not aware of the bankruptcy taking place
until we were contacted by the attorney in
charge of the suit. The Class Action Suit
was settled on March 2007 at the Des Moines,
Iowa Court house. Thousand Adv. Inc. moved
to California, kept changing the mailing
address and name of the company BUT ALWAYS
THE SAME FORM FOR BILLING, they are AKA Thorenhaven,
R
&
R Ranch Resort, Hayden Creek Resort, Cathedral
Palms Resort and now First Nationwide Resort
Mgmt. We never signed any contract with these
resorts. We owe nothing, they keep billing
for maintenance fees when there are no parks.
I mailed a certified letter on 3-4-05 stating
I wanted the contract cancelled and that
NO FURTHER DUES would be paid, the attorney
advised me to do this, he also stated they
had no legal right to bill me or call me.
The attorney general is aware of this case,
I have documents
&
a file 2 inches thick.
I want the billing to stop, I get very sick
and can’t sleep and I get really stressed
out because I RELIVE THIS TERRIBLE NIGHTMARE,
THE HIGH PRESSURE SELLING WAS UNREAL THEY
EVEN CAME TO MY HOUSE, we have been fighting
this for many years since 1989. We paid with
our retirement money and never received anything
from them only dismay.
Please stop these people from mailing me
bills, the amounts keep running up, if you
need anything please let me know. I AM SO
WORRIED THAT MY CHILDREN WILL BECOME VICTIMS
AFTER I PASS (they are not into law). I filed
a complaint with the U.S. Postal Service.
Please help me (Linda) as to what to do my
attorney in the case has now moved and hard
to communicate with (since he doesn’t have
his paper work).
Please, Please I need your help.
[ NAM is helping to
prepare complaints to several government
organizations. ]
Campground
Members have Rights !
|