Dave Kramber admits he made mistakes as owner of Izatys - both in
management of the bankrupt resort and in his dealings with the
community.
"I was young and aggressive," he said. "I learned a lot, and I'll
do things different next time."
Kramber is hoping there is a next time. He says he's close to the
kind of deal many in the community think Izatys needs to be
successful. "We have investors who want to keep it going," he said.
"We need everyone to come on board and support us."
If all goes according to plan, an investor will purchase the
clubhouse building, convert it into a hotel and spa, and build
additional townhomes. Kramber will continue to operate the golf
courses and marina.
Commerce Bank agreed on Wednesday, June 18, to give Kramber until
the end of August to work something out.
In exchange, Kramber said, he agreed to a shorter foreclosure
period if the deal falls through - a two month right of redemption
period instead of the usual six months.
"If it doesn't happen this time, we hand them the keys," he said.
In the meantime, Kramber has a new partner, Roger Jorgenson, who
put up $400,000 to maintain and run part of the resort this summer.
One golf course is already open, and Kramber said the hotel
should be open by Friday, June 27. He plans to put a small
restaurant and bar in the lower level of the Links Lodge.
The clubhouse and pool will not be reopened this season.
Kramber is hoping the community will support the business enough
to allow him to finish a deal with developers. "I live in the
community, and I still think this (Izatys) can be a great place," he
said. "I hope we can all come together and support it."
'We took our licks'
Kramber earned enough money from a lawn care business and other
investments to buy Izatys in 2002.
He knows now that he and his partners were in over their heads.
"We didn't know anything about running a resort," he said. "We took
our licks."
It became apparent to him that Izatys lacked beds. A 28-room
hotel was not enough, and the townhomes were too expensive for
Izatys' clientele. Izatys would sometimes turn down 100 requests per
night, Kramber said.
He and his partners came up with a plan to build new townhomes,
but Mille Lacs County demanded an environmental impact study. As
negotiations with the county wore on, the owners' money ran out, and
dreams of development turned into hopes for a sale.
"The operation sucked our pockets dry," Kramber said. "I kept
putting money in when I knew I wouldn't get anything out of it." He
admits they "stepped on toes" in the process.  "We were just
trying to survive until we got the development deal done."
He had an offer last spring for $9.1 million and another last
fall for $8.7, but each was withdrawn. Another party had first right
of refusal, and they had 120 days to make up their mind. They told
Kramber they would decide on the 119th day. In the meantime, the
offers were withdrawn.
Izatys filed bankruptcy in December of last year, which ended the
right of first refusal. Kramber hoped that would result in a sale,
but as the April 3 auction date approached, his confidence waned.
The $2.8 million high bid was quickly rejected by Judge Nancy Dreher
because it wasn't enough to pay off Izatys' loan from Commerce Bank,
the main secured creditor.
Since then, Izatys and Commerce Bank have played a tennis match
of motions and objections, responses, and affidavits.
The most recent came last week when the unsecured creditors
committee sided with Izatys in objecting to the U.S. Trustee's
motion to convert the case from Chapter 11 to Chapter 7. The change
would have resulted in liquidation of the property, and in all
likelihood, the unsecured creditors would have seen none of the
proceeds.
Izatys also filed an objection to the U.S. Trustee, along with a
declaration from Kramber. In his declaration, Kramber says the golf
course, marina and Links Lodge can operate at a profit, but running
the entire resort in its current form cannot be profitable.
In an 11th hour negotiation prior to the June 18 hearing on
conversion of the case from Chapter 11 to Chapter 7, Izatys and
Commerce Bank reached their deal. It was approved by attorneys for
the unsecured creditors and townhome, timeshare and marina owners,
and Judge Dreher decided to let Kramber's strategy play itself out.
She told the attorneys for Izatys and Commerce Bank to draft an
order for her to sign.
The hearing was rescheduled to June 24, but attorney Michael
Ridgway of the U.S. Trustee's Office said it would probably be
rescheduled again, if the order is prepared by then.
Ridgway said he still has the option of stepping in any time and
requesting another hearing. "I'm not going away," he said. "My
motion is there to preserve my right to go forward in the event that
something happens to get this thing derailed."
If the June 24 hearing is postponed, Ridgway said, the next
important date is July 17, when a hearing on Izatys' disclosure
statement will be held. Prior to that, all parties will have a
chance to file comments on the disclosure statement.
Once that happens, another hearing on Izatys' reorganization plan
will be held, probably in the middle of August, Ridgway said.