The Fontainebleau Declares Bankruptcy
June 9, 2009
Well, the writing was on the wall, and I doubt this will surprise or shock anyone.
I suppose this would fall under “Breaking News”, and I don’t usually get into the breaking news game … but this one effects me somewhat directly given that I can throw a rock three times and hit the place.
I just found out mere moments ago that The Fontainebleau has officially filed for Chapter 11 bankruptcy.
I, my neighbors, and pretty much everyone in this town was hoping beyond hope that we read the scrawled words “failure” incorrectly, and it was possible that things could turn around, but it looks a bit bleak right now.
It’s been nearly a month since I have seen a full team of workers present at the Fblue site, and little to no visible improvement has been made to the structure in that time. I happened to drop by and took a full set of pictures just last week and over the weekend, but I didn’t know this was coming. At least not this soon.
The sign on the fence still says “Coming Fall of 2009” which now just seems a little bit sad.
Fontainebleau Las Vegas LLC has issued a press release stating that:
“It is unfortunate that our lenders forced us to take this step. By reneging on the revolving credit facility, they effectively shut down the project and put thousands of people out of work. Our goal now is to secure funding to complete this world-class project and restructure our existing debt. Fontainebleau Las Vegas will continue to aggressively prosecute claims against these lenders for failing to honor their contractual commitments. The damage caused by the bad faith of these lenders has not only caused financial hardship to Fontainebleau Las Vegas and its employees, but also to the company’s creditors throughout the United States, when economic circumstances are such that they can least afford it.”
It’s hard to argue with their statements.
I paid for the Fontainebleau to be financed, and so did you, but the banks are simply hoarding the cash. The American people have provided trillions of dollars in bailout money to US banks, and the banks have turned around and displayed their middle finger right back to us.
Of course, this is not a rare thing. Recipients of charity always grow to resent their benefactors. Just ask the airlines who were yanked up by the scrotum and saved from insolvency by taxpayers during their darkest hours. You could not find their appreciation with an electron microscope.
Of course, the argument could be made that we did not bail out the banks simply to make bad loans, but that argument is somewhat specious in and of itself.
I doubt the struggling American people provided this capital to give no-risk loans to people who didn’t need it, because it is likely that those people and businesses had capital anyway. As is often the case in the USA, banks typically only loan money to people who don’t need loans, and are reticent to provide capital to people who depend on loans. This is a paradox.
Under no circumstances should there have been a bailout in the first place, but if one was going to be instigated anyway, it should have absolutely been under the condition that the banks uphold their own agreements to borrowers.
Since banks only have a fraction of the money that they lend anyway (fractional reserve banking), and create a large amount of it out of thin air, the actual risk associated with funding the remaining amount of the Fontainebleau is not intrinsic.
As a matter of fact, even if they think the loan would be assumed to be bad, it might still make more sense to make the loan, because even if the banks end up owning the property, they will need to complete it anyway. What are they going to do with a completed 700′ tower that has not been finished?
Obviously there is something strange afoot with this entire situation.
Fontainebleau Las Vegas is making specific allegations that Deutsche Bank Trust Company Americas was “seeking to destroy the Fontainebleau in order to minimize competition” with the nearby Cosmopolitan Resort and Casino, which is wholly owned by a Deutsche Bank subsidiary.
This really would not surprise me in the slightest.
Chapter 11 is not the only news to come out about the Fblue. In the same press release, the company indicated that they were dropping the lawsuits against their lenders. This is the same press release where they stated that they would “aggressively prosecute claims against these lenders for failing to honor their contractual commitments”.
Perhaps I’m slow, but I don’t have the slightest idea how one goes about prosecuting the lenders by dropping the lawsuit. “Hey Fred, really want to scare these guys? Drop the lawsuit!” The Fontainebleau seems to be a little weak in its resolve.
Or perhaps they realize that Bank of America and JP Morgan Chase own the United States (and by proxy the US Courts), and that this would be like prosecuting the queen with the king sitting as the lone juror.
In any event, one thing is absolutely certain. The Fontainebleau is not opening in 2009.
This is a shame. I am looking over my monitor as I type this, and I can see the tall building looming in the foreground. The tower looks just about finished, and it is hard to believe that this is what I am going to be staring at for the foreseeable future.
While I certainly posses a high level of anticipation about City Center, given a choice of one or the other, I would preferred to have seen the Fblue completed. The area around City Center is already flush with casinos. Nice ones. The Bellagio, Planet Hollywood, Paris, etc.
The area around the Fblue is not so fortunate. The area feels like it is slowly dying, and the north strip can ill afford this misstep. Especially with the skeleton of Echelon a few hundred yards to the south.
Obviously, the Fblue will open eventually under someone’s ownership. The place is already more than halfway built. It’s going to be something at some point. Just what and when … we do not know.
If there is a grain of hope left, it is that Chapter 11 bankruptcy is not Chapter 7. It’s certainly not promising, but this can be a viable tool and companies can emerge in a much stronger position from where they entered. We simply have to hope that the Fblue’s assets exceed its debts.
In any event, we now know where the project stands. Without money, without a lawsuit, and the only hope being that of a bankruptcy judge.
It could be worse.
It’s a bit sad when the sentence immediately preceding this one is the most optimistic thing you can say about the entire situation.

















Written by Gary Stein on June 9, 2009 at 10:10 pm
This is why I read your work, even for breaking news. I know I’ll get your take on it and not merely a link to the story or just some copied and pasted crap. Thanks for the photos showing the progression of the FBlue’s construction. Hopefully they’ll pull through and complete it within the year.
Written by Michelle on June 9, 2009 at 11:00 pm
I knew when I heard about this story that every vegas blog would have it and I was right. They all had this breaking news and they all took the lazy way out and linked directly to the review journal or las vegas sun. That’s not blogging. I was waiting for your post because I knew you would have your own take on it and would type up your opinion and offer a different perspective instead of just telling me to read it in the newspaper. If I want to know what the RJ thinks then I will visit the RJ site. I come to yours because you actually blog and explain your position. This is why I think you are not just the best blogger in las vegas but maybe one of the best bloggers period.
Written by LizzieGirl on June 10, 2009 at 6:28 am
Michelle: Yeah. What you said, exactly.
Written by thlf on June 10, 2009 at 8:21 am
Does anyone think Wynn might be interested in taking this over?
Written by Frank on June 10, 2009 at 10:11 am
Condos you can’t sell hotel rooms you can’t recover the cost in 20 years at the $100 a night you can get for a room these days. The banks took one look at the numbers and figured there was no way they would ever get paid off. If they could have put it in Chapter 11 three months ago they woud have. The Citycenter, Harrahs and Station lenders have got to be thinking the same thing. B of A and Deutsche Bank are going to be the major employers in this town for the next 10 years.
Written by Rex on June 10, 2009 at 10:35 am
Frank,
The time for the banks to make that assessment has come and gone in my opinion.
If the banks did not want to take on the risk, fair enough, but making that decision AFTER most of the work is done, and mere months before opening is beyond reproach.
The banks should either commit to an endeavor or not. This half-assed “oh, now we have cold feet” nonsense is a guarantee of failure and has no place in business. You either follow-through with funding that was expected, or get the hell out of the way. Namby-pamby, wishy-washy bullshit hurts everyone involved … far more than a simple denial at the outset would have.
Now they are stuck, at this point through no fault of their own.
Stopping funding on a 70% finished project is a waste of the money they have already lent. If you think the guys are going to have a hard time paying it back once it opens, what do you think their chances are with a dead construction site?
Of course, this was also an easy way for the banks to snake in and get a mostly-finished project on the cheap.
“Hey, thanks for building all of this, go away now, we’ll take it from here.”
If lenders don’t honor the commitments, I have no idea why debtors should. The concept of “moral obligations” when dealing with banks is an antiquated concept.
I think you are giving the bank too much credit and not enough blame.
If they waited until near completion to “took one look at the numbers and figured there was no way they would ever get paid off” … then let’s face it, they weren’t geniuses to begin with.
At this point, I think they should have to follow through. Especially given that it’s not their goddamn money anyway, and given that much of it doesn’t even exist at all until they lend it.
If the banks were being run by such bright and ethical human beings, then it escapes me as to why the government would have to pluck money out of your paycheck every week at the point of a bayonet and hand it over to a bunch of millionaires, but as usual, I’m sure I’m missing something.
Given the totality of the situation, I think they should be required to follow through on commitments they made. The time to “take a look at the numbers” is long since passed.
Oversight on the part of the bank should not be the FBlue’s problem to solve.
Written by Eric S on June 10, 2009 at 11:51 am
Maybe the banks should theme the F’blue–they should add a gigantic, outscale Western-town facade to the front of the building and then leave it vacant for a couple of decades. Yes, that is the ticket.
Written by DoubleDownNow! on June 10, 2009 at 12:08 pm
I bet the other major players on the Strip are relieved. The last thing they need is even more rooms to hit the Strip this year given the City Center opening in October. In fact I wouldn’t even be surprised if there weren’t some politics involved to delay the Fbleu from opening this year!
Written by Frank on June 10, 2009 at 1:56 pm
Rex,
I agree with you that that these idiots should never have lent this money in the first place. Where I disagree with you is that they should be LENDING FBleau any more money. The Fbleau owners only threw the parts that they didn’t personally guarantee into bankruptcy (the hotel and condos, not the construction company or the retail). Their lawyers have a different theory of what went wrong in this article. http://www.bizjournals.com/southflorida/stories/2009/06/08/daily39.html Basically, they are saying that when they didn’t get the money Lehman promised to build the mall, they skimmed from the hotel to build it.
Written by Mike Gomes on June 10, 2009 at 4:12 pm
Bad karma for the F’blue after the Crystal Sands sham condo project was used to fleece the Algiers out of it’s property…
Written by Dustin on June 11, 2009 at 4:31 pm
I hope Wynn buys it and finishes it. Las Vegas doe not need another dead resort on the strip. Wynn could buy it, finish the out side where it looks decent and just open in phases. No need to open with a mall and a spa and many other little things.
Written by mad dog on June 12, 2009 at 7:26 am
I heard the Aztec Inn was taking it over.