American Resource Management Group, LLC (DE), et al.

American Resource Management Group, LLC (DE), et al.

Case Number: 19-14605 (SMG)

Southern District of Florida
General Frequently Asked Questions
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Barry A. Mukamal is the Court appointed Chapter 11 trustee (the “Trustee”) of American Resource Management Group, LLC (DE) and eight affiliated entities including Resort Release (the “Debtors”) that filed for bankruptcy protection on April 9, 2019. Does the Trustee represent me individually?

No.  The Trustee is in the process of attempting to address all customers’ timeshare interests with the Resort Developers, including those with outstanding mortgages and pending lawsuits & transfers.  New information will be posted as it becomes available.

Note: The Trustee and his staff cannot give you legal advice

What is the status of my litigation case?

The Trustee does not represent individual customers and cannot provide legal advice as to specific customer situations or cases.  The Trustee is in the process of attempting to address all customers’ timeshare interests with the Resort Developers, including matters that are in litigation or arbitration.

Am I entitled to a refund?

The Trustee does not have any information about this at this time.

Do I continue making my timeshare mortgage payments?

The Trustee and his staff cannot give you legal advice.

I received a bankruptcy notice accompanied by a Proof of Claim form and filing instructions from the claims noticing agent Stretto (“Stretto”) concerning the Debtors. What do I need to do? Does this mean I have a claim?

Receipt of the bankruptcy notice and Proof of Claim does not necessarily mean you have a claim against any of the Debtors. The bankruptcy notice and Proof of Claim form were sent to all entities and individuals that the Debtors' records indicate have done business with one or more of the Debtors.  If you believe you have a claim against any of the Debtors as of the date of the bankruptcy filing, April 9, 2019, you must submit a Proof of Claim with supporting documents to Stretto by the bar date deadline August 5, 2019, as referenced on pg. 3 of the bankruptcy notice.

If I file a Proof of Claim will I automatically be paid for my pre-petition amount?

Filing a Proof of Claim does not, among other things, automatically qualify you to be paid in full for a pre-petition claim.  After the bar date deadline has passed, the Trustee will review and examine all such claims to determine whether to allow, disallow, reduce the amount, or reclassify the status of the claim.

Do I need to file a Proof of Claim for each Debtor that I hold a claim with?

If you have claims against more than one Debtor, you must file a separate Proof of Claim against each Debtor. You must identify on each Proof of Claim the specific Debtor and the bankruptcy case number for that Debtor.

Frequently Asked Questions by Customers

The Resort Release/American Resource Management Group bankruptcy cases have been approved for dismissal and case closure after approximately 4 years of being administered in the bankruptcy court. This is a legacy website section for former customers.

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What is an executive overview of what happened during the ARMG bankruptcy cases?

Approximately 4,200 timeshare files were pending when the bankruptcy cases were filed in April 2019. The files were transferred over to
a court-appointed Trustee along with approximately $100,000 remaining in ARMG bank accounts.

Over 3.5 years, the Trustee completed court-supervised efforts to assist customers accomplish timeshare exits or other relief for approximately a third of the timeshare files under court-approved settlements or other resolutions. Most of those customers signed releases with the resorts or received other
notices/forms advising of timeshare exits. However, other customers MAY have had their timeshare contracts otherwise charged off or written off by
applicable resorts on their own without receiving notices from the resorts. In addition, there are many customers who still have their timeshares and are receiving notices from timeshare resorts or collection agencies.

The Trustee also is completing a court-approved partial refund process for those customers who remain with a timeshare despite the Trustee’s prior efforts. Proofs of claim were due back in August 2019 and all filed customer
claims have been processed by the Trustee under Court supervision. The Trustee is handling a single court-approved percentage distribution to
customers holding allowed proofs of claim. All distribution checks have been issued or are in the process of being issued and sent to the mailing address listed in the proofs of claim or as otherwise previously timely updated in writing with either Trustee’s counsel and/or Stretto.

I am unsure of the status of my timeshare file, and I did not receive a partial refund in the bankruptcy cases. What can I do?

Customers who are not sure of their timeshare status should consider whether they have received any mail or notices from the resort about their timeshare in the past year or two AND also check to see if the resort has reported any delinquent payments on the customers’ credit reports. Otherwise, the customers may also contact the applicable resorts directly.

Any customer who still has a pending timeshare file or wants more confirmation about their timeshare file status should contact the resort directly to discuss potential resolution of the timeshare file and amounts owed to the resort, and/or to obtain other requested information about their timeshare.

With the bankruptcy cases subject to a court-approved dismissal process, there are no more efforts to assist ARMG timeshare customers with desired timeshare exists, and all partial refunds are being processed for issuance or already have been issued to those customers who timely filed proofs of claim and had their claims specifically allowed by bankruptcy court orders. No distribution was made to any customer who did not timely file a proof of claim. In addition, any undeliverable checks or non-deposited funds on any such made distributions are subject to having such funds donated to charity under prior Court approval on non-deposited/undeliverable funds. The bankruptcy case administration involving the Court is now complete and subject to being dismissed and closed under a court-approved process.

Given the dismissal of the ARMG bankruptcy cases, then if I amstill with my timeshare, do I continue making my timeshare finance payments and/or maintenance fee payments if I still want to conclude my timeshare with the resort? Who can I call to help me with a desired timeshare exit?

Neither the Trustee nor his professionals can give you legal advice. It is suggested that any former ARMG customer who still desires to terminate a timeshare interest contact the applicable resort directly to attempt to resolve the timeshare between the customer and resort.

I received a bankruptcy notice enclosing a partial refund check but the time to deposit the check has expired, or I expected to receive a partial distribution check but did not receive one. What can I do?

Depending on the duration of time and other case factors, and an analysis of your specific bankruptcy proof of claim, then it may be that such funds are not recoverable, either because (a) the funds at issue fall under provisions of the Court’s order directing undeliverable/nondeposited funds to be re-processed as a charitable donation by the bankruptcy estates, or (b) a proof of claim was not timely filed, or such timely filed proof of claimwas later subject to objection which has been sustained by a Court Order disallowing the claim. Upon entry of the final dismissal order and the bankruptcy cases being closed, then the Trustee will have been discharged from these bankruptcy cases, and there are no more timeshare exit efforts. Any timeshare file questions should be directed to the applicable resort. All bankruptcy case distributions are being, or have been, issued and reconciled from the Trustee’s end, and the bankruptcy case distribution process will have been completed.

If you have still unresolved questions, you may contact Trustee’s counsel during the bankruptcy cases only via United States mail at David Samole, Esq., Kozyak Tropin & Throckmorton, LLP, 2525 Ponce De Leon, 9th Floor, Miami, Florida 33134, by sending him your question and information in writing along with all documents that support your inquiry. Please provide your email address and phone number in such limited correspondence. Upon entry of the final dismissal order and the bankruptcy cases being closed, Mr. Samole will no longer be Trustee’s counsel, and he may not be in a position to provide you information. He has been instructed to re-direct people back to the free-access case website for all filings and notices issued in the bankruptcy cases. For additional information about the bankruptcy cases, please visit http://cases.stretto.com/armg.

Where can I go for more information about the bankruptcy case or to see all docket entries, notices and claims filed?

For additional information about the bankruptcy cases, please visit http://cases.stretto.com/armg.