An attorney representing EpiCentre developer Afshin Ghazi in bankruptcy court has withdrawn from the case saying the long-running, contentious court proceedings are draining Ghazi financially.
"I have thought for years that money is what controls politics," attorney David Badger told the court Thursday, when U.S. Bankruptcy Court Judge George Hodges approved Badger's request. "Money is what controls the outcome of litigation as well. You can outspend (a defendant) until they are defenseless."
"I'm in a position where they, quite frankly, don't have the finances to stay in," Badger said, referring to Ghazi and fellow developer George Cornelson III. Badger said he had "considerable accounts receivable."
Ghazi and his attorney, Rich Fennell, declined comment.
Ghazi and Cornelson's legal battles began in July 2010, when their two limited liability companies that own the EpiCentre - Pacific Avenue and Pacific Avenue II - filed for Chapter 11 bankruptcy protection to avoid foreclosure. The original lender has since sold the $93.9 million construction note for the 302,000-square-foot entertainment complex at Trade and College streets.
Things seemed to progress more smoothly until October, when the new lender, Blue Air 2010, sued the developers, accusing them of wrongfully diverting money from the complex before filing for bankruptcy protection.
Blue Air and the EpiCentre's owners have said they were close to agreeing to a reorganization plan this fall. But the plan fell apart in October when Blue Air changed its terms, according to the court filing by 210 Trade, a Ghazi-affiliated company. 210 Trade owns valuable air rights above the EpiCentre. These air rights, which are connected to potentially millions of dollars in parking revenues, are currently being examined by the bankruptcy trustee appointed to investigate the case.
"Blue Air thereupon proceeded to wrest control ... and began what is a transparent effort to obtain what it could not obtain through negotiation or blackmail ... parking revenue associated with the Air Rights Tract," court documents say. "Whether due to lack of due diligence or otherwise, it is clear that Blue Air has buyer's remorse and that it does not like the deal it negotiated."
Currently, attorneys in the case are conducting depositions. A confirmation hearing on the reorganization plan is expected later this month.












