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News You Can Actually Use, Actually

In 60 Days, We Will Know the Future (or Past) of the Gypsy Tea Room

By Robert Wilonsky, Tuesday, Jan. 9 2007 @ 9:52AM
Comments (3)
Categories: News You Can Actually Use, Actually

We have heard many things of late concerning the fate of the Gypsy Tea Room, which is still in Chapter 11 bankruptcy. But, for the moment, we dismiss all rumors and theories and consider only the facts: The club's owner, Whit Meyers, still owes creditors and the government and David Cunniff hundreds of thousands of dollars, at the very least. And Meyers -- who has watched his Entertainment Collaborative collapse with the closing of Trees, the Green Room and Jeroboam — now has a plan to pay them back and keep the Gypsy's doors open. But whether that happens depends on what takes place over the next few weeks.

On January 26 at 9 a.m., the U.S. trustee handling the case, Victoria Tutterrow, and Meyers' Arlington-based attorney, John Leslie, will meet in U.S. District Judge Harlin DeWayne Hale's courtroom. The hearing concerns the Gypsy's disclosure statement, submitted to the court the day after Christmas. In the document, Leslie has laid out precisely how much the Gypsy owes and how much it's worth. In short: It owes a lot, and it's worth, well, not much. Not much at all.


The Gypsy owes the government -- including the Internal Revenue Service, the state comptroller and other tax authorities -- some $90,000 alone. Other creditors are claiming the club owes about $140,000; attorney Leslie's due $40,000 himself. And the club's still on the hook for the Cunniff ruling -- to the tune of $5 million, more or less, says the disclosure statement.


The document also says the club has on hand only some $10,000 in cash. And it estimates the club's assets -- furniture, fixtures and other intangibles, like "business name goodwill" — would be worth only $52,000 if liquidated. "That," Leslie tells Unfair Park, "is a projection of what kind of proceeds would be available for creditors if the business were closed."


So, then, the point of the disclosure statement is to show that it's in the creditors' best interest to keep the club open. Otherwise, they'll never get their bread.


"Yes," Leslie says, "the whole purpose of this is to demonstrate to people that Gypsy believes they would all be better off if they vote for the plan than if Gypsy is closed and the business is liquidated."


According to its plan of reorganization, also submitted to the court in December, the Gypsy would pay off its creditors -- not all of the money they're owed, but at least a percentage (say, in most cases, 15 cents on the dollar). And the plan also shows that the Gypsy's landlords, Westdale Main Ltd., have agreed to give the club a new five-year lease -- but only if the creditors approve the plan of reorganization. And that can happen only after Hale approves the disclosure statement at the end of January.


Should he go ahead and do that, then the reorganization plan will be sent out to the 80 to 100 creditors to whom the Gypsy owes money. They will have about a month to reply. It will go into effect only if -- and this is kinda tricky -- more than half of the creditors agree to it, and two-thirds of them are the folks to whom the most amount of money is owed.


Hale has expressed an interest in taking care of this quickly; we will know the fate of the Gypsy Tea Room by the end of February or the beginning of March, no later. He's waiting first for January 20, when the club is due to turn in its operating report, which will show whether it had a profitable holiday season. If not, he may have grave doubts about the club's viability during months when business is traditionally slower, and he may choose not to approve the disclosure statement because of it.


Hale, the same man who had no choice but to chop down Trees a little more than one year ago, has tried during previous hearings to weigh the Gypsy's importance to the stability of Deep Ellum; he's tried to consider the impact its closing would have. He wants it to work, perhaps almost as much as Whit Meyers does. But at some point very, very soon, he and the creditors will have to determine whether a return of 20 cents on the dollar is a good investment in a neighborhood still in decline.


"Now, there may be several mean-spirited people in the world who would rather see the Gypsy Tea Room dead than alive," Leslie says, "but everyone from the judge on down wants to give Gypsy a chance to reorganize." --Robert Wilonsky

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Related Content

  • Re: Gypsy Tea Room January 9, 2007
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More About:

  • John Leslie
  • Whit Meyers
  • David Cunniff
  • Tea
  • Food and Cooking

Comments (3)

sucks says:

i have been to countless shows at the tea room and only 2 or 3 have been memorable. its time for maybe the worst venue in dallas to close its doors so acts can start playing the granada more often.

Posted On: Tuesday, Jan. 9 2007 @ 11:26AM
Elisa says:

I visit Gypsy on a regular basis. How about making the establishment more reasonable to the patron like the Granada? Half the crowd can't see the stage. They can save money on staffing by firing the useless bathroom attendants whom I have never given money to, and by providing better parking arrangements. Paying ten dollars to a crack head to watch my car doen't bode well for my desire to park in their lot or the ones immediatly adjacent. And yeah, the last guy was a crack head. I had to knock on the window for a good while to draw his attention from his pipe in his hand and pressed to his face. Nothing about the place makes me want to go there except for the music. Clean it up.

Posted On: Tuesday, Jan. 9 2007 @ 11:49AM
Anonymous says:

Arlington, Texas
IP: Mediator
DATE: 01/09/2007 13:11:33
AUTHOR: John Leslie
Robert,

In your blog, you mischaracterized a number of important matters about Gypsy Tea Room and the chapter 11 bankruptcy process. As Gypsy's counsel, I believe it necessary for me to go on the record with certain of my concerns and disputes with the contents of your blog in order to protect the interests of Gypsy, its creditors and customers.

Your description of the amount of the claims of David Cunniff, the value of Gypsy's business, and other matters in the as-of-yet unapporved Disclosure Statement was, in several respects, incorrect. For the reasons stated below, it is inappropriate for Gypsy or me, as its counsel, to offer a detailed correction and rebuttal at this time.

What is of immediate concern and deserving of comment is your reliance on statements contained in the Disclosure Statement to make "your points" about Gypsy, its business, and its likelihood of success in reorganizing under chapter 11.

I described to you in detail in our phone conversation yesterday that the Disclosure Statement must be approved by the Bankruptcy Court before its contents can be relied upon or used by any party to solicit acceptances (or rejections) of Gypsy's PLan of Reorganization. You appear to have not understood or appreciated that fact.

Your blog comments about Gypsy's reorganization plan and your use of information contained in Gypsy's unapproved Disclosure Statement to "explain" the plan and its consequences likely constitute a form of negative solicitation with respect to Gypsy's Plan of Reorganization.

Solicitation of acceptances or rejections of a bankruptcy reorganization plan prior to the Bankruptcy Court's approval of a Disclosure Statement accompanying the plan is a violation of federal bankruptcy law.

In that regard, to the extent that your blog comments about Gypsy and its reorganization plan are attributed to (or result from) the contents of Gypsy's Disclosure Statement, they should not be relied upon by Gypsy's creditors in considering Gypsy's reorganization plan.

Additionally, your blog comments (and, in particular, any of your comments attributed to (or based on) the contents of the Disclosure Statement) should not be regarded in any manner whatsoever as an attempt by Gypsy (or by me, at Gypsy's attorney) to solicit acceptances of its chapter 11 Plan of Reorganization.

Responsibility for your blog comments and the effect (if any) of those comments on Gypsy's efforts to successfully reorganize is yours and yours alone. Gypsy and I, as its counsel, expressly disclaim responsibility for the consequences of your use of (or reliance on) the contents of Gypsy's unapproved Disclosure Statement, whether in your blog or in any other forum.

Finally, your attribution of the closure of Trees at the end of 2006 a decision of Bankruptcy Judge Hale is incorrect. Trees was closed and its bankruptcy was voluntarily dismissed by Trees' management because of a dispute with its landlord.
There was no finding by Judge Hale adverse to the interests of Trees or its management at the time of Trees' closeure and case dismissal. Judge Hale simply signed an order granting Trees' motion to dismiss its case.

John E. Leslie
Attorney

Posted On: Tuesday, Apr. 17 2007 @ 4:56PM

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