Prudential Insurance Co. of America v. Erie Hilton Joint Venture (In re Erie Hilton Joint Venture)

112 B.R. 750, 1990 Bankr. LEXIS 657
CourtDistrict Court, W.D. Pennsylvania
DecidedApril 4, 1990
DocketBankruptcy No. 89-00571E; Motion No. 89-1372
StatusPublished
Cited by1 cases

This text of 112 B.R. 750 (Prudential Insurance Co. of America v. Erie Hilton Joint Venture (In re Erie Hilton Joint Venture)) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prudential Insurance Co. of America v. Erie Hilton Joint Venture (In re Erie Hilton Joint Venture), 112 B.R. 750, 1990 Bankr. LEXIS 657 (W.D. Pa. 1990).

Opinion

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Erie Hilton Joint Venture, a Pennsylvania Limited Partnership doing business as The Quality Hotel Plaza (“Hilton”) filed its petition under Chapter 11 of the Bankruptcy Code on October 12, 1989, one day prior to a scheduled execution sale of Hilton’s business premises.

Prudential Insurance Company of America (“Prudential”) filed the within Motion to Dismiss Chapter 11 Petition or in the Alternative for Relief from the Automatic Stay on November 22, 1989. Prudential has since withdrawn its Motion to Dismiss and now seeks only Relief from the automatic stay.

A preliminary hearing was originally scheduled for December 28, 1989, which by agreement of the parties, was rescheduled for and held on January 3, 1990. A trial was held on February 21, 1990 after which the parties requested time to file post-trial briefs. Prudential’s final brief was submitted on March 8, 1990.

Counsel for Prudential reminds us of the necessity to decide this matter within thirty days pursuant to Rule 4001. We recognize the need for expeditious action on motions for relief from stay. However, m our view, the matter was not fully before this court until March 8th and consequently, the thirty days begins to run on that date.

Therefore, our decision is timely.

Facts

The parties have filed a stipulation which is quoted as follows:

1. The debtor in this Chapter 11 proceeding is Erie Hilton Joint Venture, a Pennsylvania Limited Partnership doing business as The Quality Hotel Plaza.

2. Hilton owns a hotel at 16 West Tenth Street, Erie, Pennsylvania, together with the real estate upon which the hotel is located and the fixtures and personal property located within the hotel (together the “Hotel Property”).

3. Hilton’s sole asset is the Hotel Property.

4. Through various transactions in the mid and late 1970s, approximately $4,500,-000 was loaned to Hilton. Prudential is now the obligee of these loan transactions (the “Prudential Loan”).

5. As consideration for the Prudential Loan, Hilton entered into, inter alia, a mortgage note, a mortgage and a security agreement.

6. Pursuant to the mortgage note, Hilton is obligated to make monthly principal and interest payments to Prudential in the aggregate amount of $41,367 until October 15, 2002, which payments represent an annual interest rate of 10.91%.

7. Pursuant to the mortgage note, Hilton is also obligated to pay Prudential “contingent interest,” identified as “additional interest” in the mortgage note, which is calculated as 10% of annual gross room income in excess of $1,279,000.

8. Pursuant to the mortgage note, late payments of principal, interest and contingent interest bear interest at the rate of 10% per annum.

9. Pursuant to the mortgage, and as security for payment of the Prudential Loan, Hilton granted Prudential a mort[752]*752gage in all of Hilton’s real property and fixtures.

10. As additional security, Hilton granted Prudential a security interest in all of Hilton’s personal property, including the after-acquired property.

11. Prudential has perfected its security interest in Hilton’s real and personal property by filing the appropriate documents in the Office of the Recorder of Deeds, the Prothonotary of Erie County and the Department of State, Harrisburg, Pennsylvania.

12. Throughout 1987, 1988 and 1989, Prudential was (and remains) Hilton’s largest and most senior secured creditor.

13. Hilton has failed to make timely monthly payments of principal, interest and contingent interest to Prudential.

14. From June 22, 1987 until January 31, 1989, Hilton operated the hotel as a Quality Inn International, Inc. franchise.

15. Hilton’s franchise agreement with Quality International, Inc. was terminated by Quality International, Inc. in January of 1989 primarily because Hilton failed to make certain required capital improvements.

16. Since January of 1989, Hilton has operated the hotel without an affiliation with a national hotel franchise.

17. Since May of 1989, the hotel has not had the benefit of utilizing Quality International’s toll-free “800" number reservation system and has not had the benefit of any similar reservation system.

18. The loss of the Quality International, Inc. franchise has had and continues to have a deleterious effect on the Hotel’s ability to attract guests and generate revenue.

19. Quality International, Inc. has instituted litigation against Hilton seeking, inter alia, recovery of franchise fees, damages for breach of contract and damages for infringement of trademark. Quality claims initial damages in the amount of between $551,000 and $725,000.

20. Hilton has not paid real estate taxes to the County of Erie taxing authorities for the years 1987, 1988 and 1989.

21. At least three of the Hotel’s eight floors require substantial improvements. Rooms on these three floors cannot be rented at market rate.

22. Prudential confessed judgment against Hilton in the amount of $4,261,-021.48 in July of 1989.

23. On August 16,1989, Hilton and Prudential entered into a settlement agreement which, inter alia, reduced the amount of Prudential’s judgment against Hilton to $4,125,627, and imposed a moratorium on all property execution prior to October 13, 1989.

24. To execute on its judgment, Prudential instituted foreclosure proceedings against Hilton’s real and personal property, and a sheriff’s sale was scheduled for October 13, 1989.

25. On the afternoon of October 12, 1989, one day before the scheduled foreclosure sale, Hilton filed its Chapter 11 Bankruptcy Petition thereby staying the October 13, 1989 sheriff’s sale.

26. Except for judgment liens, the only secured creditors are Prudential and Penn-bank of Erie.

27. Prudential is the senior secured creditor.

28. Hilton’s Amended Bankruptcy Petition reflects the amount due Prudential as $4,125,625. Prudential claims that it has a secured claim of at least $4,213,655. Hilton disputes that portion of Prudential’s claim above $4,125,627.

29. Pennbank’s junior secured claim is in the amount of approximately $1,100,000. Real estate taxes of approximately $400,-000 are due. In addition, unsecured creditors identified on bankruptcy schedules are due approximately $323,000.

30. Hilton’s Amended Bankruptcy Petition identifies the following inter-company claims against Hilton:

Consolidated Engineering $ 7,575.00
Metropolitan Hotels, Inc. 614,946.00
Consolidated Management, 695,554.00 Inc.
[753]*753Pikesville Hotel Limited Partnership 608,202.00
Consolidated Enterprises Hospitality House of Annapolis 264,366.00 3,829,144.00
William L. Siskind 588,737.00

31. Hilton has identified the related claims as “disputed;” these related companies must now file Proofs of Claim to prove the sum due to them from Hilton.

32.

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112 B.R. 750, 1990 Bankr. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudential-insurance-co-of-america-v-erie-hilton-joint-venture-in-re-pawd-1990.