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and
From
the Omaha World Herald, 7 Sep 98
Creditors
are Trying to Collect a Campground Company's Debts
From Customers
Unaware of its Bankruptcy
By ROBYNN TYSVER,
WORLD-HERALD BUREAU
Lincoln, NE - Thousand Adventures Inc. is dead.
The former Nebraska campground company that sported Lear jets
and courted politicians now exists only in bankruptcy court after
years of battling creditors and consumer-fraud lawsuits.
But the company that ended up with Thousand Adventures' property
is accused of trying to collect money from campers who had signed
contracts with the defunct company.
Doug Napier, the Fort Madison, Iowa, attorney who filed a class-action
lawsuit on behalf of Thousand Adventures' 70,000 members, says
the collection effort being reported across the nation is an
attempt to take advantage of senior citizens and would-be-retirees
who dreamed of cruising from campground to campground in their
RVs.
He said these campers are under no obligation to continue with
the new company, Travel America Inc., unless they want too. " (But)
It's never made clear to them that it's a new offer," he
said.
Nebraska opted against a consumer fraud lawsuit after a Blair,
NE campground company's bankruptcy caused grief for some campers.
Meantime, campers who bought memberships to 58 campgrounds now
are left with 20 campgrounds - more if they want to pay added
fees - and no assurances that those will continue to exist.
Napier and the lawyer for the Thousand Adventures bankruptcy
trustee in Cedar Rapids, Iowa, Dan Childers, believe it's only
a matter of time before all the former Thousand Adventure campgrounds
revert back to the bankruptcy court and are sold to pay creditors.
An attorney for Travel America, Michael Mallaney of Des Moines,
IA, denied that Travel America obtained the campgrounds in violation
of bankruptcy laws.
He said the transfers were made by Thousand Adventures subsidiaries
in individual states to Travel America in exchange for assuming
any debt on the properties.
He said the idea behind the property transfers was to keep the
campgrounds open for the campers. One judge in Ohio has approved
the transfer, he said.
Mallaney also said Travel America was not collecting on Thousand
Adventure contracts but, as campground operator, was collecting
membership fees.
"As I understand it," he said, "if former members
of any of these subsidiaries want to use the Travel America camp
system, those systems are available in exchange for what is called
a membership fee."
A number of companies bought Thousand Adventure campgrounds for
as little as $1 or the cost of property taxes owed after the
Blair, NE, company was forced into bankruptcy last year, Childers
said.
Gretchen Pettit is one of the unhappy campers who was unaware
of the bankruptcy case.
We were led to believe that Thousand Adventures just changed
its name,"
she said.
Bankruptcy Fiasco Comes at Expense of Campers
The Lincoln woman said she fielded a telephone call this spring
from a salesman named Bill Jones of Weeping Water, Neb. The 64-year-old
said that Jones demanded that she and her husband, Ivan, continue
to make their $70 monthly payments.
Pettit is worried that Thornhaven, her favorite campground in
Weeping Water, won't be open for long.
"He was very rude. He threatened me," Pettit said. "He
said, 'We know where you live. Don't be late with your payments."
Thousand Adventures wasn't always Pettit's nightmare. The company
had a hopeful beginning in 1982 when David Vopnford of Blair
decided to capitalize on the RV craze by selling memberships
to a group of campgrounds in 21 states.
For about $6,000, campers would have access to 58 campgrounds.
Childers said it appeared that Vopnford started the company in
good faith but was consumed by debt. His mistake, Childers believes,
was a penchant for luxury.
"The money spent on yachts and Lear jets, that was very
imprudent to say the least," Childers said.
Vopnford's high style included two Lear jets and a $600,000 yacht,
which is now the focus of a search by a lawyer hired by the bankruptcy
trustee.
A Republican, Vopnford also was known to contribute heavily to
GOP candidates.
Vopnford now is believed to be managing a Mississippi campground.
He did not have a listed phone number in Picayune, the town where
he was believed to be living last.
The good times began to come apart when Vopnford failed to secure
a loan to keep the business going, said John O'Hanlon, his former
Blair attorney.
For several years in the mid-1990s, consumer-fraud divisions
in 21 states battled with Thousand Adventures, forcing the closure
of campgrounds, forbidding the company from selling additional
memberships and winning monetary settlements, said Ben Bellus,
Assistant Attorney General in Iowa.
In 1997, the company was forced into bankruptcy. The campgrounds
were then moved into Travel America, of which the exact ownership
remains unknown, Childers said.
Because of the property transfers, Thousand Adventures was then
able to claim only $1,600 in assets and $70 million in debt in
bankruptcy court.
Childers believes the transfers were orchestrated by Vopnford's
creditors.
"It would appear Mr. Vopnford didn't get anything personal
out of these transfers," Childers said.
The idea behind the property shuffle was to keep the campgrounds
open as long as possible and out of the hands of the bankruptcy
court in order to allow creditors to collect from campers, said
Napier, the attorney for the class action suit.
He said Travel America knows it's only a matter of time before
the campfires are extinguished permanently at the 20 remaining
TAI campgrounds. "I still believe that's their plan," Napier
said.
"They haven't been putting money back into the campgrounds."
Mallaney, Travel America's lawyer, said: "I think that's
Mr. Napier's allegation and I think Travel America would deny
that." Ray Novelli, president of Travel America in Irvine,.CA,
could not be reached for comment.
Childers said there is testimony to support Napier's claim. He
said two men - including David Vopnford - have testified that
the purpose of Travel America was to make sure the creditors
could continue to collect from campers.
The Bankruptcy Trustee would like to inform campers about the
bankruptcy proceedings but can't because it doesn't have a membership
list, Childers said.
Travel America has refused the trustee's request for a list of
members, prompting the trustee to go to court to try to force
the company to release the list, he said.
Meantime, creditors - whom Travel America also has refused to
identify - continue to collect from campers, he said.
One creditor has hired Resort Marketing Inc. of Weeping Water
to collect on the contracts. The company is owned by David Vopnford's
son and daughter-in-law, Ken and Lynn Vopnford.
Lynn Vopnford said she and her husband are not involved with
Travel America and are working only as contractors. She said
she did not remember the creditor's name.
The creditor believes that although Thousand Adventures is bankrupt,
the customers still have a membership with Travel America, Lynn
Vopnford said.
"They're owed that money," she said. "These members
still have a contract."
But several states, including Iowa, New York, and Kansas, have
been aggressive in pursuing consumer complaints and have ordered
that such collections stop.
In Iowa, for example, neither Travel America nor the creditors
can collect unless customers willingly and knowingly agree to
transfer their membership to Travel America as a result of a
settlement with the state's consumer fraud division, said Bellus,
the Assistant Attorney General in Iowa.
Bellus said this fall he learned about a letter sent from "T.A.I.
Collections" of Weeping Water to an Iowa camper. The letter
informed a couple that unless they paid on their Travel America
contract, their Thousand Adventure account would become "due
and payable."
Many people respond to such tactics because they fear that if
they don't pay Travel America, their credit will be ruined, Bellus
said.
Bellus said he quickly wrote a letter to Travel America and to
Resort Marketing, ordering them to stop collection efforts.
"We are very well aware of Travel America and we are watching
them he said.
Lynn Vopnford said she did not know of any such letter sent by
the Weeping Water office. She also did not know that the company
was not allowed to collect in Iowa and said she had not seen
Bellus' letter.
Vopnford said the whole misadventure with the campground has
been difficult for her family.
"We're trying to start over again," she said. "We
lost a lot just like other people lost a lot. The hardest thing
is everybody associates our last name with Thousand Adventures.
You say your last name sometimes to people and they cringe. It's
very, very tough." |