It's actually one of the best decisions that we have made in our life. 747 (D. Del. 154-1 at 6, 172 at 7-8. Erickson Group, LLC ("EG") was a holding company. |, 2023 Erickson Senior Living. 1:19-cv-00585-CCB) in U.S. District Court for the District of Maryland, Northern Division after first attempting to reach a pre-litigation settlement through its conciliation process. Bert M. Erickson Senior Living Community Employee. The bankruptcy court decided to delay the adversary proceeding to determine the amount of the allowed claim until after plan confirmation. Many times, these suits are brought on behalf of mentally challenged individuals who are victims of systemic abuse. See ECF No. In other cases, the lawsuit was dismissed by the courts because the plaintiffs attorneys failed to show that there was a substantial likelihood of winning the case. Profit and prosper with the best of expert advice - straight to your e-mail. In that case, the suit must be brought against the governmental entity. Make your practice more effective and efficient with Casetexts legal research suite. 33 at 1 n.1, 2, 8. Can lawsuits to be brought against a for-profit entity such as an assisted living facility? 172 at 17. It alleges the company was losing money since 2003, but Erickson and the board members continued to rack up the debt until the company was forced to file for bankruptcy. . Last updated 3 October 22. retirement Only for one of the kitchen managers to expose my daughter essentially putting her at risk yet again. "Senior living companies launch Harvey relief efforts as Irma looms -", "Unlike anything in Utah, this huge new retirement community offers a 'life plan', "Erickson's smart bets soured along with nation's economy", "Erickson Retirement Communities to be sold to Redwood Capital", "On the Record: Adam Kane, SVP of Corporate Affairs at Erickson Senior Living - Senior Housing News", "Erickson Senior Living launches $47.5M expansion of Charlestown campus", "Erickson hopes to move forward with 78-acre retirement community near George Mason", "Retirement can be only as secure as your retirement home", "The Top-10 Largest Senior Living Providers in 2015 - Senior Housing News", "ASHA, Seniors Housing Business Release 2017 List of Largest Owners, Operators", https://en.wikipedia.org/w/index.php?title=Erickson_Living&oldid=1127863417, Housing for the elderly in the United States, Articles lacking reliable references from January 2022, Creative Commons Attribution-ShareAlike License 3.0, Independent living, assisted living, memory and skilled nursing care, This page was last edited on 17 December 2022, at 02:17. Furthermore, obviously the action sought impacts the plan as the entire plan is based on the collection [of] the litigation proceeds, without which there is no distribution under the plan.") Rogue Valley's board in August filed a . Before it was sold, Erickson filed for bankruptcy in 2009, which "could have been avoided if the debtors' management had acted in the best interests of the debtors' and its creditors instead of acceding to the control and domination of John Erickson, his family, and friends," the suit said. Three couples who have made it past the 60-year mark of marriage and . Secure .gov websites use HTTPS All Rights Reserved. An experienced attorney will know when the time has come to bring a lawsuit forward. Grounds 2-4 were mooted upon the transfer of the litigation from the Texas Bankruptcy Court to the District of Maryland Bankruptcy Court and finally to this Court. The Trustee contends that this affidavit does not "articulate a single fact needed to defeat summary judgment or articulate a plausible basis for a belief that any facts exist." 163 at 4, the motion was never decided. Brookdale Senior Living supports caregivers of older adults through our respite care services offered at many of our communities nationwide. 5. *In Canada, trademark(s) of the International Association of Better Business Bureaus, used under License. ECF No. See ECF No. Fed.R.Civ.P. Erickson Retirement Communities, a major developer, managed 20 CCRCs in various stages of development at the time it filed for bankruptcy in late 2009. On May 31, 2012, this Court granted the defendants' motion to withdraw the reference. Make the most of them with Erickson Senior Living, a trusted leader in senior living with a national network of managed communities. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from retaliating against employees for opposing workplace discrimination or because they filed a charge with the EEOC.The EEOC filed suit (EEOC v. Erickson Living Management, LLC, Civil Action No. New York Post, by Marty Makary Original Article. Conclusion. Harrods, 302 F.3d at 246-47 ("[S]ummary judgment prior to discovery can be particularly inappropriate when a case involves complex factual questions about intent and motive. Some Erickson CCRCs, for example, had occupancy rates between 60% and 70% at the time of the company's bankruptcy filing, according to court documents. The facility tried to stop him from having lunch with his wife, saying that because of his physical impairments, "it made people uncomfortable to have him in the nice dining room," Benson says. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. The Trustee correctly notes that the district court may deny a Rule 56(d) request when the party seeking discovery has not been diligent in conducting discovery. But such discrimination, whether prompted by fellow residents' complaints or a facility's desire to project a vibrant image, is an ongoing issue for CCRC residents, lawyers say. "The purpose of the affidavit is to ensure that the nonmoving party is invoking the protections of Rule 56[d] in good faith and to afford the trial court the showing necessary to assess the merits of a party's opposition." 159-1. On August 9, 2011, the GST Trustees moved to dismiss the complaint on grounds that: (1) counts 10, 11 and 13 failed to state a claim on which relief could be granted as to the GST Trusts; (2) the bankruptcy court could not constitutionally adjudicate any of the claims; (3) the bankruptcy court lacked jurisdiction over the GST Trusts; and (4) the venue was improper. His wife and four children, Erickson's brother and a number of close friends have all been listed as defendants. Erickson Retirement Communities LLC Is this Your Business? For the following reasons the GST Trusts' motions will be granted, and the Trustee's motion for summary judgment will be denied without prejudice. Coll., 55 F.3d 943, 954 (4th Cir. Celotex Corp. v. Edwards, 514 U.S. 300, 308, 115 S. Ct. 1493, 1499, 131 L. Ed. 154. "Look out for fuzzy language," he says, such as involuntary discharges being allowed for "good cause. Privacy / Terms of Use. A Kiplinger-ATHENE Poll: Retirees Are Worried About Money, Grandparent Scams Get Victims in Their Hearts. 2005) ("Here the implementation of the payment of unsecured creditors through claims prosecuted by the Litigation Trustee is precisely at issue, and falls squarely in the realm of limited jurisdiction that a bankruptcy court may hear."). Stay connected with the latest EEOC news by subscribing to our email updates. ECF No. [T]he wording [of the Plan infers] that collection of the proceeds is contemplated by the plan . . Erickson Retirement Communities, a major developer, managed 20 CCRCs in various stages of development at the time it filed for bankruptcy in late 2009. Also review CCRC agreements for provisions governing discharge from the facility. 2013) (quoting Fed.R.Civ.P. 33 at 9. NY 10036. Id. By Rocky Mengle Full-time + 1. 709, 722-24 (Bankr. Ask the CCRC for its audited financial statements, and seek help in evaluating them from a financial adviser. Ask a question about working or interviewing at Erickson Senior Living. 163 at 3; e.g., Richard v. Leavitt, 235 F. App'x 167, 167 (4th Cir. Facilities may attempt to discharge residents if they run out of money or develop above-average care needs, says Eric Carlson, directing attorney at the National Senior Citizens Law Center. 1-844-234-5122 (ASL Video Phone) Id. The Trustee opposes this motion, asserting that the GST Trusts have not established "good cause or excusable neglect for their untimely filing." EDITOR'S NOTE: This article was originally published in the November 2012 issue of Kiplinger's Retirement Report. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. The Trustee only seeks summary judgment against the GST Trusts on count one of the complaint--breach of contract for nonpayment of the Note. Business Profile Erickson Retirement Communities LLC Adult Family Homes Multi Location Business Find locations Contact Information 701. The company has since been bought by a local entrepreneur and operates under new leadership as Erickson Living. This link leads to the machine-readable files that are made available in response to the federal Transparency in Coverage Rule and includes negotiated service rates and out-of-network allowed amounts between the Erickson health plans and healthcare providers. See Valley Historic Ltd. P'ship v. Bank of New York, 486 F.3d 831, 836-37 (4th Cir. What is the Need to Hire an Experienced Eminent Domain Attorney? Works v. Colvin, 519 F. App'x 176, 181-82 (4th Cir. Radi v. Sebelius, 434 F. App'x 177, 178 (4th Cir. at 187-89. Its only asset was its 100% membership interest in Erickson Retirement Communities, LLC ("ERC"). 3. See also In re BWI Liquidating Corp., 437 B.R. 131 M Street, NE The Trustee asserts that the Court has subject matter jurisdiction over this suit under 28 U.S.C. His negotiations with management on behalf of residents have dealt with everything from a refurbishing charge for fixing up vacant units to the amount of credits residents receive for unused meals on their meal plan, he says. To receive the equity of approximately 350,000 dollars I have to pay this bill. Your email address will not be published. This duty requires them to exhaust every reasonable method before bringing a suit. The question is: "For how long and in what circumstances?" information only on official, secure websites. Learn about Siena Lakes' many amenities and activities, and get answers to your specific questions. The GST Trusts assert that the promissory note claim "has not been subject to an operational scheduling order since September 6, 2011," before the case was transferred to this Court and before the GST Trusts filed the pending motion to dismiss in this Court. Visit our Sales Center to review floor plans that suit your style and budget. Federal district courts have "original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11." On May 15, 2013, the GST Trusts filed an unopposed motion for an extension of time to respond to the summary judgment motion. BALTIMORE - Erickson Living Management, LLC, a Catonsville, Md.-based company which builds and manages retirement communities in 11 states, violated federal law when it fired a director because she opposed perceived disability-based discrimination against her subordinate, the U.S. Each location may offer differing services, but. Making Your Money Last retired individuals. View Project. Ask a Question. Fee-for-service or type C contracts may have lower entrance fees than type A or B contracts but require residents to pay for care at the market rate when they need services. ( 446 Reviews) $13.99 $18.99 -27% Big Discount BUY MORE SAVE MORE VIEW MORE Free Gift Over $79 4 interest-free payments of $3.49. 154-1 at 3. The search for the ideal retirement community is only getting tougher as CCRCs offer a growing array of complex contract types and struggle with financial challenges. those that help in an active lifestyle, like tennis courts and pools. Were Hiring! As a matter of policy, BBB does not endorse any product, service or business. Find detailed information on Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly companies in Tuusula, Uusimaa, Finland, including financial statements, sales and marketing contacts, top competitors, and firmographic insights. 2011). Neither Erickson nor several of his family members listed as defendants in the suit returned calls seeking comment Saturday. Equal Housing Opportunity Equal Employment Opportunity Commission (EEOC) alleging workplace retaliation. But Devonshire in recent months was hit with a $158 million foreclosure suit. [7], In 2017, Erickson invested $47.5 million to expand its original Charlestown campus. To get a sense of what life is really like at a CCRC, make several unannounced visits and have a few random meals there. 5500 West 123Rd Street, Overland Park, KS 66209. It was even more disturbing to later discover an adult female chef manager whom I physically witnessed discussing the incident with two young ladies one of which was the violator, was bending several narratives to protect a bully. Some cities and counties have special laws for this situation. The choice of contract can depend on the senior's ability to absorb future cost increases, health status and risk tolerance. Siena Lakes is Erickson Senior Living's newest community. DuPont de Nemours & Co., Inc., 76 F.3d 530, 534 (4th Cir. ECF No. The claims against all other defendants have been dismissed. ECF No. D. Md. A non-moving party's Rule 56(d) request for additional discovery is properly denied "where the additional evidence sought for discovery would not have by itself created a genuine issue of material fact sufficient to defeat summary judgment." When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. The director also expressed concerns that she would be retaliated against for reporting what she believed was a discriminatory abuse of the company's performance management system, the EEOC said. Nader v. Blair, 549 F.3d 953, 961 (4th Cir. These lawsuits are just one more reason to recommend that people considering nursing homes consider lawsuits prior to signing a contract. As a parent I immediately reached out to Charlestown's human resources manager, who assured me my daughter's name would be omitted from the complaint of bulling. My daughter who is a minor was bullied upon joining this organization. "With CCRCs eager to fill empty units, there is often room to negotiate fees and other contract provisions. ECF No. at 165. 33 at 9. 2004). 155. There are usually several defendants in any case. The parties will be ordered to submit a proposed scheduling order 30 days from the date of the memorandum opinion accompanying this order. [2] The first location was a conversion of a Baltimore seminary in Catonsville, Maryland. Get your free brochure with more information about Siena Lakes. 166. WASHINGTON Supreme Court Justice Amy Coney Barrett on Thursday refused to block a plan by Indiana University to require students and employees to get vaccinated against COVID-19. The Philadelphia District Office has jurisdiction over Pennsylvania, West Virginia, Maryland, Delaware, and parts of New Jersey and Ohio. If you get a call from someone who claims to be your grandchild in trouble and needing money right away, be wary. On January 30, 2013, the parties submitted a status report noting that they had reached a settlement, which would be effective upon bankruptcy court approval. 159 at 2, they did not file a reply brief to contradict the Trustee's characterization of the motion as moot. Click here to see available positions. What's more, "I would like to see an accounting" of how fees are used, says Lewis, who has lived at the CCRC since 2005. Justia US Law Case Law Michigan Case Law Michigan Court of Appeals - Unpublished Opinions Decisions 2017 ERMA ROGERS REVOCABLE TRUST V ERICKSON RETIREMENT COMMUNITIES Receive free daily summaries of new opinions from the Michigan Supreme Court . 152. and the Plan was substantially consummated." While Brookdale Senior Living started small in 1978, it has since grown and spread throughout the country. Based on 1,700 reviews. 544-551, and one count of avoidable preferences, under 11 U.S.C. Cf. Before their expiration, the GST Trusts sold their EG interests to the Baltimore Community Foundation ("BCF"). No hearing is necessary. Erickson Retirement Communities, developer of 19 continuing-care retirement communities throughout the U.S., filed for Chapter 11 bankruptcy Monday in U.S. Bankruptcy Court in Dallas. With so many incredible amenities, it's like you're living in a resort. The company was acquired later that year and. Erickson Senior Living Engaged Employer Overview 950 Reviews 547 Jobs 797 Salaries 94 Interviews 323 Benefits 3 Photos 290 Diversity + Add a Review Erickson Senior Living Reviews Updated Feb 23, 2023 Find Reviews Clear All Full-time, Part-time English Filter Found 915 of over 950 reviews Sort Popular Popular COVID-19 Related Highest Rating The court held that the malpractice claim lacked a close nexus to the bankruptcy estate, because its resolution "will not affect the estate; it will have only incidental effect on the reorganized debtor; it will not interfere with the implementation of the Reorganization Plan; [and] though it will affect the former creditors as Litigation Trust beneficiaries, they no longer have a close nexus to bankruptcy plan or proceeding because they exchanged their creditor status to attain rights to the litigation claims." Robots may help fill the gap left by a shortage of humans to help older adults live independently. On April 16, 2010, a reorganization plan was confirmed (the "Plan"), which created the Liquidating Trust to prosecute certain claims on behalf of specified unsecured creditor beneficiaries. Even the ritziest CCRCs can have financial problems. 1996) ("[A] district court should find 'excusable neglect'" for untimely submissions "only in the 'extraordinary cases where injustice would otherwise result.'") : WDQ-11-3736 (D. Md. 160, 166 (Bankr. Erickson Retirement Communities 701 Maiden Choice Lane Catonsville, Maryland 21228 U.S.A. Telephone: (410) 242-2880 Fax: (410) 737-8854 Web site: http://www.ericksonretirement.com Private Company Founded: 1981 as Senior Campus Living Employees: 5,541 Sales: $40 million (2002 est.) One seat on the Wisconsin Supreme Court is scheduled to appear on the ballot, as well as several other nonpartisan local and judicial elections. Share sensitive Id. ", EEOC Philadelphia District Director Jamie R. Williamson added, "The EEOC is committed to protecting employees from unlawful retaliation. Corp. (In re Celotex Corp.), 124 F.3d 619, 625 (4th Cir. at 183. The Trustee and the GST Trusts reached a settlement, but the agreement was not approved by the bankruptcy court because creditors objected. The Trustee also contends that the Court has diversity jurisdiction. Applying Resorts, The Fourth Circuit concluded that there was "no conceivable bankruptcy administration purpose to be served by the Debtor's adversary proceeding because the Plan made no provision for the use of any recovery from the adversary proceeding but instead provided for the satisfaction of the Debtor's obligations 'entirely from the post-petition rents and earnings of the Debtor through the operation of its real estate.'" ECF No. Check for specific circumstances that might justify the facility forcing out a resident, Carlson says. at 189 (citing Insilco, 330 B.R. Although, unlike Air Cargo, the claim against the GST Trusts does not arise under federal law and the Plan reorganized, rather than liquidated, the debtors, neither Air Cargo nor Valley Historic held that state law claims prosecuted by litigation trusts created by reorganization bankruptcy plans are outside the scope of post-confirmation jurisdiction. Retired Johns Hopkins University President William R. Brody was also a board member with the company and is listed in the suit. Were Hiring! Lain was appointed Trustee of the Liquidating Trust. Given the growing needs of an aging community, these funds can run dry. D. Del. All of these lawsuits were settled out of court. 0 0-0 0, Emma Erickson 1-3 . See ECF No. Apps. Resorts makes no such distinction and holds that post-confirmation 'related to' jurisdiction lies only if the matter at issue affects the interpretation, implementation, consummation, execution, or administration of a confirmed plan."). 159. By David Rodeck at 724 (finding "related to" jurisdiction, in part, because "Resorts is much unlike the situation here, where the Litigation Trust Claims are pre-petition claims that could have been asserted by the debtor-in-possession directly prior to confirmation of Debtors' Plan"). The Court will take the Trustee at his word and deny the motion to dismiss as moot without prejudice--the GST Trusts may refile the motion if the Trustee pursues claims against the GST Trusts on counts 10, 11, and 13. How to Choose the Best Divorce Attorney for Your Case, King and Kings Attorneys Reviews How to Judge Whether the Firm is Right For You, The 7 Most Common Car Accident Injuries What To Look Out For, How to Find Attorneys in Quincy, Massachusetts, Three Important Aspects of Hiring Puerto Rico Attorneys. 2d 403 (1995) (quoting Pacor, 743 F.2d at 994); cf. 2007). 98 at 2. E.D. However, in the context of litigation trusts, which always maintain some connection to the bankruptcy post-confirmation, bankruptcy jurisdiction required careful circumscription to avoid "'unending jurisdiction.'" 1995). Several members of his family, including his wife Nancy, served as directors and officers of EG and ERC. 33. Co., 80 F.3d 954, 961 (4th Cir. Order Kiplingers Social Security Solutions (opens in new tab) today. "[M]atters that affect the interpretation, implementation, consummation, execution, or administration of the confirmed plan will typically have the requisite close nexus." On June 13, 2013, the GST Trusts again moved for an extension of time to file a response. The management fee that Rogue Valley pays PRS is "well within industry standards," says Mike Morris, PRS chief operating officer and Rogue Valley's interim executive director. If no such governing body exists, a local governing body such as a city or county usually does it. . at 837. After PRS removed seven of the nine Rogue Valley board members, that legal challenge fizzled. What are the benefits of having an in-house legal team? Find your nearest EEOC office ECF No. ECF No. ECF No. John C. Erickson, the founder and former CEO of Erickson Retirement Communities, filed a motion in early August to dismiss a $100 million lawsuit against him regarding his part in the. Clean residents' homes and/or rooms. 2008) (quoting Harrods, 302 F.3d at 244 (internal quotations omitted)). Thus, this case does not compel a rejection of the GST Trusts' Rule 56(d) motion. The suit, filed last week in federal court in Texas by trustee Dan Lain and reported Saturday by The Washington Post, alleges that the family's "'major strategy' for the company was to 'transfer as much value of the future to [themselves].'". How BBB Processes Complaints and Reviews. ECF Nos. In 2005, as part of a tax and estate planning transaction, EG sought to buy-back the ownership interests from the BCF at their fair market value of $55 million. Id. BALTIMORE - Erickson Living Management, LLC, a Catonsville, Md.-based company which builds and manages retirement communities in 11 states, will pay $151,000 in monetary relief and furnish significant equitable relief to resolve a federal retaliation lawsuit filed by the U.S. The GST Trusts contend that EG never intended for the GST Trusts to make payments on the Note, EG's creditors knew about the transaction, and the Note was created for tax planning purposes. Choose from a variety of apartment homes that are low on maintenance and big on style. Id. A parent organization may control how money is used across its operations, leaving CCRC residents wondering if their fees are really going toward services at their own facility. ECF No. They also noted that their motion to dismiss was still pending, and they had not had an opportunity to answer the Trustee's complaint and assert affirmative defenses. I have pictures to support my daughter's property resulting from the bullying if necessary. Valley Historic, 486 F.3d at 836-37 (quoting Resorts, 372 F.3d at 167) (internal quotations omitted). However, creditor objections to the settlement apparently prevented approval. at 169. 33 at 28, 154 at 1. Given the GST Trusts' detailed assertions in the second affidavit that fact-specific issues of intent and motive require discovery and will likely support viable defenses to their liability on the note, and construing the defendants' submissions in a "spirit of liberality," the Court will give the defendants an opportunity to prove their defenses by granting leave to file the second affidavit. Nursing home administrators sometimes do not take complaints seriously. at 12. Id. Employer est. After many calls and emails, I received a bill online for about 10,000 dollars. Id. [2][11] As of 2018, Erickson had 20 managed communities in eleven states. 163 at 4. Id. Pompton Plains, NJ +12 locations. Moreover, Air Cargo noted that claims specifically provided for in a bankruptcy plan are more likely to have a "close nexus" to bankruptcy under Resorts. III. By Rocky Mengle 2013) ("[A Rule 56(d)] request is 'broadly favored and should be liberally granted because the rule is designed to safeguard non-moving parties from summary judgment motions that they cannot adequately oppose.'") By prepaying for long-term care, residents are limiting their risks if care costs skyrocket.While these contracts are still common, many CCRCs also offer other options. (opens in new tab). Partially refundable entrance fees can stretch into the seven figures, and monthly fees can top $5,100, according to the site. Some others died as a result of injuries sustained while residing at the retirement facility. 10 myths told by COVID experts andnow debunked 4 replies. WELCOME TO Siena Lakes Senior Living IN NORTH NAPLES, FLORIDA What Sets Siena Lakes Apart? Our growing community is looking for talented people to join our team and enjoy great pay and benefits. There is always a governing body, such as the U.S. Congress, which determines if and when suits can be brought. Id. On October 3, 2013, the Court ordered the parties to submit supplemental briefing on the Court's subject matter jurisdiction. 172 at 8, 171-1 at 7, 15. Dec. 6, 2013). By Alina Tugend Erickson Senior Living is considering the development of a new CCRC in Lakewood Ranch. 2004). This usually happens when the plaintiffs attorneys do not represent them. The refund is often contingent on your unit being occupied by a new residentwhich may mean long refund delays when the housing market is in the doldrums. Owens-Ill., Inc. v. Rapid Am. More information is available at www.eeoc.gov. 2002) (quotation marks omitted). Over 27,000 people call an Erickson Senior Living community 'home'. The entrance fee refund program at both Sedgebrook and Monarch Landing . Prospective residents should examine the CCRC's ownership structure, since problems at a parent company can mean problems for residents. See ECF Nos. Rule 56(d) requires the district court to refuse to grant summary judgment, when the non-movant "has not had the opportunity to discover information that is essential to his opposition." It provides independent living, assisted living, memory and skilled nursing care, managing 20 campus-style retirement communities in 11 states. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. Your email address will not be published. 3 NC couples share their secrets to more than 60 years of marriage. Rogue Valley's board in August filed a lawsuit seeking independence from PRS, claiming that PRS was charging excessive management fees and favoring other affiliates and properties over Rogue Valley, among other issues. Id. See Railworks, 325 B.R. The Plan specifically assigned to the Liquidating Trust any claims associated with the Note. 171. Phase 1 of the 29-acre campus opened in July 2021. By Elaine Silvestrini By Elaine Silvestrini Thus, the GST Trusts, the nonmoving parties, have sufficiently established that they, "through no fault of [their] own, [have] had little or no opportunity to conduct discovery." 2010) ("[This post-confirmation] adversary proceeding . Our People! 2008 U.S. Dist. 154-7 at 1, three years before the debtors filed for bankruptcy, see ECF No. --------. Modified date: December 23, 2019. Before signing a contract, ask about the process for transferring to the next level of care. 56(d)) (internal quotations omitted). Erickson, which listed assets of $1 billion in the bankruptcy filing, operated a chain of 19.
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