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ENCAP GOLF: Files Chapter 11 After State Stops $1 Billion Project
EnCap Golf Holdings LLC and NJM Capital LLC, which owns 69% of EnCap, filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code before the U.S. Bankruptcy Court for the District of New Jersey after the State of New Jersey put off a $1 billion construction project at the Meadowlands in Lyndhurst, various sources report.
State inspector general Mary Jane Cooper said in a statement in February 2008 that EnCap overstretched its financial ability to construct and clean up the landfill site when it signed an agreement with the Meadowlands Commission in 2000, The Associated Press relates.
EnCap obtained $318 million in loans comprised of $215 million from the state Department of Environmental Protection and a $103 million from Bergen County Improvement Authority, Maura McDermott of Star-Ledger reports. EnCap will use a portion of the money to clean the landfills, Ms. McDermott says.
Pursuant to papers filed with the Court, EnCap listed assets and debts between $100 million and $500 million.
Attorney General of New Jersey, Anne Milgram, stated in a letter dated May 7, 2008, among other things, that:
i) EnCap is in default under the development agreement and various financing agreements with all cure periods having expired and
ii) there is no financing plan in place to fund the remediation costs.
A full-text copy of the Attorney General's letter is available for free at http://ResearchArchives.com/t/s?2bae
EnCap Golf Holdings LLC, a subsidiary of Cherokee Investment Parners of North Carolina, develops closed landfills and other brownfield properties into golf courses.
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