Bankrupt lodge in downtown San Jose may well not reopen in 2021

SAN JOSE — A bankrupt hotel in downtown San Jose could not reopen until December — if then — dependent on a new proposed timetable for the hotel’s owner to file a plan to revamp its shattered finances, court papers demonstrate.

The present timetable eyed by the owner of the bankrupt Fairmont San Jose, found in the city’s downtown hotel district, is pushing the timetable for ultimate approval of a strategy to reorganize the resort until someday after Nov. 30.

SC SJ Holdings and FMT SJ, two teams managed by hotel operator Sam Hirbod, a Bay Spot business enterprise government, have asked the individual bankruptcy court to lengthen the time period all through which it has the exclusive right to file a in depth strategy to reorganize the iconic downtown San Jose lodging.

Hirbod’s team requested the U.S. Bankruptcy Court docket to extend the deadline to file a system until eventually Oct. 4 of this 12 months. The hotel owner also needs the courtroom to extend right until Nov. 30 the time to solicit assistance from the property’s collectors to approve the new proposed reorganization program.

That suggests the court likely wouldn’t be able to ensure the plan until eventually someday in December at the earliest.

“The debtors have been continuing in very good religion and have produced substantial progress towards affirmation,” the bankrupt entities stated in courtroom papers filed on July 2.

Complicating the efforts to reorganize and reopen the hotel: an ever more bitter fight in between the lodging’s owner and the hotel’s operator, Accor Management U.S.

The lodge possession group and the resort operator turned adversaries in excess of a a single-12 months time period starting up in March 2020, which is all-around the time that the coronavirus jolted the finances of the Fairmont and motels around the globe.

The company foes have accused every single other of acting in negative religion and of undermining the other’s interests.

“The debtors have been concerned in an enormously time-consuming dispute with Accor,” the resort operator stated in the court docket papers.

As element of the reorganization effort, the hotel proprietor hopes to oust Accor as the manager and operator of the hotel.

Hirbod’s group has picked Hilton’s Signia brand name as the new operator and manager of the downtown resort. That agreement is becoming finalized.

“Debtors have failed to make excellent faith progress on their plan,” Accor Administration said in a court submitting on July 16.

Accor also accused the lodge owner of going guiding Accor’s again in the initiatives to deliver Hilton’s Signia unit on board as the new manager.

The Hirbod team “conspired with Hilton for far more than a yr to consider in excess of the hotel” and engaged in “covert operations” to permit Hilton to secretly tour the Fairmont San Jose to consider the house, Accor said in its court filing.

“The debtors built a calculated, lousy faith attempt to use the strategy affirmation method to swap to Hilton, restructure their obligations, and improperly manipulate the personal bankruptcy process,” Accor claimed.

The resort owner has argued that the set up of Hilton as the new supervisor would bolster the hotel’s funds.

Hilton has agreed to inject about $45.8 million in financing to enable stabilize the resort, courtroom papers display.

JPMorgan Chase Lender has also agreed to give a different $25 million in funding for the lodge to guide its emergence from personal bankruptcy.

The greatest creditor that is owed income by the lodge is Colony Funds, which retains a home loan on the resort of $173.5 million. Colony Cash, though, has been delivering some monetary support to support preserve the resort afloat and is not searching for to foreclose on the assets financial loan.

“The debtors have been proceeding in good religion and have designed significant progress towards confirmation,” the hotel proprietor said in the July 2 filing.