A federal judge signed off on the sale of an Arizona participant sports venue for a price that will result in a miniscule cash payment to owners of the bankrupt facility's defaulted bonds.
U.S. Bankruptcy Court Judge Daniel Collins last week approved the deal agreed to by the bond trustee and other parties for $25.7 million in cash mainly provided by the purchaser, AZ Athletic Associates. Only $2.4 million is allocated for owners of $284 million of mostly tax-exempt, unrated revenue bonds issued in 2020 and 2021 through the Arizona Industrial Development Authority for nonprofit Legacy Cares, which
The bulk of the money — $19.14 million — will flow to unpaid contractors with mechanics liens against the 320-acre Legacy Park in Mesa. Bondholders will receive an 11% equity stake in the purchaser.
The deal, which is expected to close no later than Dec. 8, emerged after
AZ Athletic Associates, which
Ahead of court approval of the sale, bond trustee UMB Bank and the U.S. trustee monitoring the bankruptcy case questioned whether any Legacy Cares individuals were involved with the purchaser.
Michael Burke, AZ Athletic Associates' president, filed a declaration with the court that the company is not affiliated with Legacy Cares' "current or former insiders."
In August, the judge
A
The complaint claims the defendants failed to disclose and misrepresented the project's material revenue and cost information.
"These misrepresentations and omissions misled investors regarding the risks associated with the project, the bonds as investments, and the project's ability to generate sufficient revenue to service the debt," the lawsuit stated.
It seeks all payments on the bonds as well as more than $1 million in damages.
A Ziegler spokesperson did not immediately respond to a request for comment. Charles Wirken, Gust Rosenfeld's general counsel, said the law firm had a limited role in the bond sale.
"Our role in this bond issuance was limited to issuing an opinion letter regarding the tax-exempt status of the bonds, and contrary to the allegations in the complaint, the firm did not author the initial offering memorandum," he said, adding the offering document included multiple warnings and disclaimers to bond purchasers.
The
Legacy Park opened in January 2022 and hosts youth and amateur competitions in sports including soccer, basketball, volleyball, and pickleball.