[UPDATE 12:57 p.m.] Benbow Inn Files for Chapter 11 Bankruptcy
“We just filed for reorganization,” he explained characterizing the situation as a large national financial institution bullying a local business. “It is kind of the beginning of the end of fighting with US Bank–with them acting in an uncooperative and unethical way…The only mechanism we have to keep them from beating us up is the Chapter 11 laws…There’s going to be a fight involved but we feel we’re going to come out on top.”
He explained, “We are going to Federal Court and we think we have a pretty good chance…We don’t feel happy we are in this position but we feel the outcome is going to be positive for us and for our employees…This filing will stop the process of the them setting up a receiver to run the property.”
In 2016, Benbow Valley Investments began the 8.5 million dollar renovation that not only upgraded the Inn with an elevator to meet ADA requirements but added new kitchens, new restrooms and ten new rooms for guests–all but one of them decorated in honor of each of the nine original Benbow brothers and sisters.
However, according to John Porter, the construction loan which began with a local branch of the US Bank was moved to a succession of different bank employees located all over the country. “Every time they moved it around, we had to get [the new loan officer] to understand what we were doing,” Porter said.
Porter insisted, “We made every payment on time–never missed a payment” but US Bank didn’t want to roll over the construction loan to a longer term business loan. They stopped accepting payments from Porter in February though after the construction loan time ran out, he said. However, he insisted, he has continued to set aside the money owed every month in an account and is prepared to pay it.
Normally he explained, a business would “get a construction loan [and] part of the loan is an agreement they will convert this to a term loan under certain conditions.”
This loan would normally be a 25 to 30 year loan and Porter thought that he would get such a loan from US Bank for the Benbow. “Now most banks would work with you,” Porter said. But he didn’t feel that US Bank was being flexible in setting the terms.
“We started to look at other banks,” he told us.
“They [US Bank] did everything they could possibly do to prevent us from getting another loan,” he alleged. “Then US Bank files a notice of default.” This, he said made it difficult to get other banks to provide favorable terms that made financial sense to the Benbow’s owners.
According to Porter, “US Bank then filed a notice of sale that is set for Oct 10…Our way of stopping this is reorganization…A lot of companies filed for Chapter 11 probably the most known one is PG&E.”
“I think they thought they could bully me,” he said. “I’ve just never been treated like this…They are a big bank. They don’t care about us. They don’t care about the community. They don’t have any emotional attachment to this property.”
Porter told us, “A seven year loan is all we are asking.” Then he said they’ll refinance.
He added, “We fixed the Inn so that people are now going to be able to enjoy it for 100 years…We did the right thing…We’re not failing…We have money in the bank. We’ve been setting that money aside for the payments…We only have one secured creditor–US Bank…The courts are going to look at this historic property that is an economic driver and aren’t going to ignore that.”
He added, “We’ll get through this and move on. We’re not going anywhere and we’re not selling.”
Efforts to reach US Bank for comment before posting were unsuccessful.
UPDATE 12:57 p.m.: Press release from the Benbow Inn:
Benbow Valley Investments, dba Benbow Historic Inn, owner of the premier historical hotel in Humboldt County since 1994, announced today that it has initiated proceedings for reorganization under Chapter 11 protection to preserve value and continue to serve its loyal guests with the best accommodations and cuisine in Southern Humboldt County.
In 2016 the Benbow Historic Inn commenced an inspiring update of the hotel, in part to meet the goals of the Americans with Disabilities Act, and to improve its capacity to serve the needs of its guests and develop group business. The construction project included a major expansion of the hotel, adding a new east wing that had been envisioned by the Benbow Family when the hotel opened in 1926.
“We knew we needed to make the Inn ADA-compliant and the best way to accomplish this was to install a 5-stop elevator”, said John Porter, the Managing Partner of Benbow Valley Investments.
The expansion plans not only included the spacious elevator but also a ground-level check-in/out lobby, two new meeting rooms, four public ADA restrooms, three ADA guest rooms, seven new guest rooms on the fourth floor, two new state of the art kitchens, a new cocktail lounge, and new state-of-the-art heating and air condition systems.
Despite its faithful and timely performance during the course of construction, Benbow Valley Investments was informed that the bank which financed the construction would not fund a permanent loan, and in February of this year it began foreclosure proceedings. The time it is taking to find a permanent replacement lender, has led the Inn to filing for reorganization protection. The filing will ensure the continued operations of the Inn, preserve the jobs of our dedicated employees and protect the value of the Inn for all stakeholders. “We will continue to operate the Inn as normal, as we have in the past and emerge from the reorganization process that will treat all creditors, fair and equitable under the law”, Porter said.
“This is not an issue where the Inn is failing. Occupancy and room revenue at the Inn have been on budget and our plan to build group business is working,” continued Porter. “We plan on coming out with a resolution that will work for us financially and continue to provide an exceptional, world class travel experience for our guests.”
Benbow Historic Inn was opened in 1926 by the nine brothers and sisters of the Benbow Family, each of whom had their own exceptional skill set. Benbow Valley Investments is the fifth owner including the Benbow Family.
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I’ve been considering leaving U S Bank. This may seal the deal.
Someone at a high level is going to have funds available for a silent partner to try to buy your property. US Bank, look into them and see who really owns US…. Real Estate. They want it BAD
The bank stopped accepting payments?! This is nuts!
Benbow is a fantastic business, historic monument and member of the community. That the bank is unwilling to work with them in this manner is unconscionable behavior by U.S. Bank. Un. Freaking. Believable.
We support the Porters in their work to preserve and improve Benbow for now and the future and wish them the best of luck. Let us know if the community can do anything to aid this process.
He should have n continued making them n keep every corespondents stating not taking payment. Which shows good faith intent. They might state non payment- which is gonna be hard to fight. Judge won’t see he set money aside to pay at some point. If I were them. Ide make a lump payment n let them decline in writing.
John said that Benbow did continue making the payments. US Bank refused them.
A bank can’t (and won’t) refuse payment if it is within the terms of the loan contract. On construction loans the balance must be paid off when the work is completed, period, no exceptions. If it is not paid off then they can move toward foreclosure very quickly and refuse any additional payment. If US Bank refused to accept the payment they probably deemed the loan unsatisfied and moved it to the lien department.
If the Porter’s wanted a long term long they should have taken a long term loan. Chances they did not qualify and went the construction loan route and got over extended. Welcome to capitalism. Use a bank’s money, they own your stuff until you pay them back. I smell shenanigans.
Exactly. Loans are spelled out in detail when you sign the contract. If they assumed they could roll their construction loan into a 30 year after the project was finished then that was a bad move.
Local pot growers have supported Benbow inn for decades. You can blame this on the new humboldt Estelle economy! It’s reprised! Lol fondue American Cheese special? Tuesday?
The article says the business is viable so patronage and the economy is not the issue. Just convincing a bank to give them a long term loan.
It also looks like to me that there was an assumption that the construction loan would be rolled over after the construction was finished. An assumption like this, (Me,) “was a bad move” should this be the case. And Now begins the game played in the Federal court “rewind and unwind the bad decision while pulling at heart strings”.
And the heart strings are involved. It is a much loved institution even when one can only wonder how it keeps going. I hope the succeed.
Thank you, John Porter, for updating the community as it was very concerning to see the notices posted in the North Coast Journal regarding the public sale.
Good Luck with your efforts to preserve the Inn and your long standing dedication in this community. I, for one, desire to see the Benbow Inn remain a beloved Southern Humboldt entity.
How is the Benbow Inn benefitting the community exactly? Do their guests shop in Garberville? No. They go to Ferndale or anywhere else and are told to. When positive PR is an opportunity, there is generosity but only if it ultimately benefit them. Hiring foreign workers for $11 an hour with no benefits and then charging for employee housing is not lifting up the community, it’s capitalism at its best – pay workers as cheaply as possible and make money at the same time. Yes it’s beautiful and our area should be proud, but it has always intended to cater only to the elite, from its inception in the 30s, and do not be fooled John Porter cares about community and is certainly not a “victim” of a big bank.
The community has benefitted from Benbow, it’s a draw to the area and a beautiful Inn. Doesn’t mean it’s perfect, but it is a business at the end of the day and needs to make money. I don’t know how many locals are employed there, but opportunities are few in this area. I hope it works out for them.
Banks are under no obligation to convert a construction loan to a longer term business loan. If they wanted a business loan they should have gotten a business loan from the beginning. My assumption is that they only qualified for a short term construction loan and hoped that they could transition it to a longer term. Not unheard of but highly unlikely. Construction loans are given to riskier borrowers and they will have to put up the property as collateral.
Banks can’t BLOCK someone from getting a loan elsewhere. But they can insist the their lien is paid in full before allowing a property owner to take on more debt.
Sounds like a bad business plan from the start. Good luck with the lawsuit. As usual the lawyers will make money and the folks that Benbow owes money will get screwed. Don’t extend credit to over-financed projects as you may end up holding a bag of air.
Don’t extend credit to over-financed projects as you may end up holding a bag of air.
Sound advice . And so painful if not followed .
No fronts!
John Porter will not, can not be bullied. He will do the right thing. He is a rock. I’m heartened to hear he is taking on the bank, but this will be stressful. As a community, show support. The Porters have been generous in supporting local fundraisers for years.
and making money off of everyone of those fundraiser’s
All these years and we’ve never stayed at Benbow. May be a good time to start supporting them.
I’ve made a satisfying habit of staying at Benbow for my birthday & have reservations for October. Don’t mess with my traditions!
~there’s a standing ‘funny’ in my family regarding Benbow Inn. Whatever year it was, a Mama was breastfeeding her baby at the table, and Benbow didn’t like it. Since then, whenever i’m passing by, i turn towards Benbow and raise my t-shirt up to my neck, in honor of breastfeeding Moms everywhere! If any of my daughters are along w/me, we salute in unison. :-))
The story I heard was that another patron objected, not the owners, and the complaint was resolved at the time.
Here’s what Eric Kirk had to say on his SoHum blog at the time of the incident (or at least at the time of one incident): https://kunsoo1024.wordpress.com/2006/06/29/big-benbow-breast-blow-up/
Everybody on all sides was annoyed at the flippant way I wrote that. I don’t blame them. I wasn’t cut out to be Hunter S. Thompson or Christopher Hitchens.
Hunter S. Thompson probably annoyed a few people too.
He lived for it. I found that I don’t so much.
I will say that I also had no idea of the power of the medium. I figured that my blog would consist of a discussion forum involving 5 to 10 people who share my interests in politics. Little did I know.
People are eager for people to provide honest information.
~that was a tour back thru time. Thanks for the link, Kym. I remember SoHumParlance II too -suzy blah, blah and the rest of us left-over Humboldt Times groupies.
fwiw – I must admit here, that i haven’t done the bare-breast salute when passing Benbow Inn, in ten years. TY.
Historical building should be exempt from ADA law.
There are some exceptions but updating does expand your customer draw.
I assure you they didn’t spend the majority of the millions on ADA updates
People with disabilities should be able to experience the joy of old buildings, too. Being ADA accessible is good for business as well.
Besides, it wasn’t the ADA that caused the problem here, it was US Bank.
They didn’t need new kitchens and additional brand new rooms to get ada compliant .
Someone had bigger dreams than income.
Loans are given out all day long if you or your business have the numbers to back it up, it’s in a bank’s best interest to grant loans to qualified entities, pardon the pun.
The benbow must not have it
I bet there was a stack of loan documents over 2″ inches tall to both read and sign in order to consummate this construction loan that “Benbow Valley Investments” made with US Bank. Was the “fine print” not read, let a lone the loan documents? This evidently was not a convertible roll over into a 30 year mortgage loan.
NO Joke – How exactly did the US Bank cause the problem?
Anon – Must have been ulterior motives besides the ADA.
call a spade a spade.
//”How exactly is it that the problem was caused by US Bank?”//
WeLl, we could begin with banks do not make loans. Or, money is printed out of thin air. Or, the Federal Reserve isn’t federal -nor is there a reserve.
~ambitious mirage.
No it was lousy credit and bad business management
Boycott US Bank!
Maybe he should talk to Vocality, since they care about our locality. Community Credit Union of Southern Humboldt would understand that this is a chance to keep jobs & money in our community
New owners will support jobs
I just threw my us bank debit card in the river. Monday I will place an order to withdraw all my monies for those bastards. Credit union here I come. PS if anyone finds my debit card it has been reported lost/stolen. Please recycle
Great so you threw more trash in the Eel River. I hope US Bank takes everything you own and screws up all your accounts. Then I hope they let your personal info get hacked. What did the river do to you?
Up sh*t creek!
Well I guess that answers the question if US Bank is invested in local business. NOT!
Good for you in not backing down after all the hard work. Keep up the good fight
I am more of the camping type, but I will definitely be staying at the Benbow inn the next time I need a place. Keep up the good fight!
There’s a campground there too.
you can camp at the Benbow KOA and it is owned by Benbow Valley investments. so the monet goes to the same people and it shares the pool and golf course with the Benbow Inn
I was in the hotel business for 40 years and there is no finer gentleman and outstanding hotelier than John Porter. The preservation of historic hotels is critically important for the industry. It is sad that the traditional hotel experiences are being threatened. This bank should be working for the hotel and for the community and for an operator that has a proven solid record. If I were a US Bank customer I would happily boycott them!
Thanks for letting everyone know about how this has played out, John. We appreciate the money, time and heart you have all put into making the Benbow Historic Inn the award-winning place that it is, one of the gems of our community. We will continue to support you, and look forward to hearing that you have prevailed in this disturbing scenario that USBank has created.
I am assuming that Benbow Inn will continue to operate during this time, correct? Let’s show our support for a great community treasure!
Yes, the Inn will operate as normal.
[…] Redheaded Blackbelt has the story. […]
Either the income is not enough to justify the new loan or the value of asset does not cover loan. Bummer either way.
Boycott US bank? yall may want to hear their side of the story before making conclusions.
All we wanted was the Inn. You silly little po dunk backwater.
Sure all yall wanted was an Inn, but should the bank pay for it? Or the creditors? Total bs that they get to remain open and their creditors which I assume are trade persons get screwed.
If you want the Inn so bad pay off the debt and own it yourself.
Whaaa? Read before yapping please.
//”You silly little po dunk backwater”//
~love it!
~let the banksters take the honorable, lawful way out, by all means.
I won’t hold my breath.
Can’t help but think somehow this is the fault of legal marijuana!
I was going to blame Chump trump but he’s in enough trouble! Apologies to the right wing for gloating.
The funny thing is he’s in no actual trouble at all and will probably be re-elected . Don’t fall for the same ol dramatic news cycle , it’s all bullshit.
Shhhh. Trump’s in huge trouble. Everyone hates him. Joe Biden is only guilty of loving his son. Real Americans see that. Only white nationalists think otherwise. You don’t want to be a white nationalist, do you?
I read that both John Kerry and John Biden are major share holders of HSBC- US Bank and Biden’s son is currently sitting on the board.
That’s sarcasm right? People are so far out in their opinions now that something that would clearly be a joke a decade ago is meant seriously now.
Pacific Builders does everything we can to avoid building projects financed by U.S. Bank. They were needlessly awful the last time a client used them. Without knowing the nuances of this situation, I would say this would have been extremely unlikely to have happened if Redwood Capital Bank or Coast Central Credit Union had been the lender.
I agree. The lack of communication and constant confusion between departments made this a very difficult project. A lot of people at Benbow put a lot of long hard hours in to proudly build what it has become. Would be nice if the bank cared enough to try.
Except When your credit rating sucks
U.S. Bank sucks! I made trust funds for my boys till they were 21. They won’t let my kids take the money out even though they are way past 21. They even went as far to tell the state it was unclaimed funds. No, they are in an CD that rolls over every 5 years. They are shiesty and not to be trusted. I’m still working on getting the money from them.
I want to know more because I chose a cd for a child there. Care to share?
US Bank is awful! They used to be okbut probably got sold to BofA or some other big company. Horrible now.
If you have a US Bank account abd close it let them know why.
Stick with local banks. Credit unions too. It sucks that like any smaller biz today they cant offer the same things as a huge corporation can.
Man, the ripple effects of legalization are crazy. Years ago they could have just gotten private loans from community members. &most locals cant afford to even go have a drink there now.
Sounds like a bad credit rating to me. Go figure Karma’s a bitch
agreed
Whose credit rating are you casting aspersions on?
I pray that Mr. Porter will kick US Bank into the next time zone. They are not worth the powder to blown them to hell. If you bank with them, please find another bank like Coast Federal Credit Union that still treats people with kindness and excellent service. I have banked there for years and have been treated extremely well. It is nice when you walk into a bank, and they say hi giving your name.
Everyone knows this is FlowKana trying to bankrupt the Benbow inn so they can buy it cheap.
Once Flow Kana buys the Benbow inn they will force all of us to work minimum wage jobs jarring up and weighing all the weed grown here into 1/8th jars.
Everyone year when the MAtel Communist center puts on its globalist inspired music event the music goers can walk over to the flow Kana inn and try doing things the California way.
Don’t worry, they will still have the “Meet the farmers event”.
in fact I hear Casey O’ Neil will be there giving out autographs that say “Great Success”.
Expect more key bankruptcy’s in the community, the corporate powers are now decending on Humboldt County and there goal is to destroy you culture!
Yes I heard that as well. I also heard Flow Kana is in process of buying out the Mateel community center and then the community park next. Their plan is to have the first big tobacco cannabis town in the heart of the emerald triangle. I’m just amazed at how quickly the community will throw their values out the window for a quick buck.
John Porter knows his Inns, but he’s no financier. Legalization has hit SoHum HARD, and the loss of the full-blown Reggae on the River (Benbow’s biggest cash cow week of every year) was sure to have an impact. Denying this reality has landed them in poor stead, as has their policy of acting like they don’t need locals to support their business because they attract a broad base of visitors. Wake up, John Porter, it’s cannabis that supported your hotel before legalization, but now you need more new guests who aren’t buyers and sellers meeting up and exchanging cash while enjoying the bar and eating overpriced entrees.
Right on ! They even kicked me out of the cottages cause we smoked on the back porch … I have been coming to benbow for 15+ years from far away making things happen and leaving generous tips and never leaving a mess or being obnoxious. And they still kicked me and the wife out …. air bnb in so humb it is from now on .
Guest, you really want to hear the side of US Bank? this story of greed and corruption has played out time and time again. I find it interesting that even in our small community you choose to side with big gov.
I can’t sit by without adding my 2-cents. I too have had bad experiences with banks. However, I have to say that both Vocality and Redwood Capital have treated Janis and I exceedingly well. Very good people to deal with.
Back to Porters and the Benbow Inn and RV/Golf course. No one has done more for this community than John and Teresa Porter. The ways that we have benefited from their generosity could fill pages here, most of us know that. Their recent renovations had many unexpected complications and delays that in no way reflects upon their professional ability or dedication to their business, or this community.
The renovations that they have done to the golf course have made it a great place to come golf. They mow the grass every day, the greens are clipped very short and are close to perfect. They have a new greenskeeper that is very knowledgeable, with a crew of top notch workers. I recommend the Benbow Inn as a place to get away from the hubbub of the world and eat, dine and lodge. It has been voted as one of Humboldt County’s most romantic locations.
John has always done what he has said he will do. I have faith in he and Teresa. I wish that I could help them more. The Benbow is one of our most important assets.
I am gratified by the outpouring of support that I am reading here. Thank you Kym for posting this!
Good people make bad financial decisions every day. Making renovations to a golf course may not have been the best way to use loaned money. On the other hand, banks are more than willing to loan money into bad construction plans if their only downside is taking the valuable property.
Last time I ate there I forgot my credit card, and the waitress stole it and spent 2000 grand before the credit card company called me. I didn’t have to pay anything because of fraud protection, but I called multiple times to talk to a Manager at the benbow and nobody ever called me back. I got left on hold multiple times after I explained what happened till I hung up.
Needless to say, I’ve never been back, and I live here and somewhat liked the food there. Typical sohum customer service. Thanks for nothin maybe find a waitstaff that’s not out on work release.
If I had the $ I’d pay it all off for the Inn! Then again if I had the $ I’d buy the old Pac Lumber and convert it to Pacific Restoration Co. Subsidize it for several generations and make it an Employee Owned operation. Sigh, sure wish I had 15 billion… Love the Benbow Inn!
Make the restaurant at the Benbow Inn Great Again
And profitable 😉
I have always enjoyed my stay and food at Benbow Inn! And the service has always been great! It’s Unfortunate that the inn is going thru this and I wish them all the best and luck! It is truely an asset to the community..
I have experienced the less appealing side of the company, and there are some shady practices that have gone on there over the years.
I am not going to speak of the details because doing so won’t resolve the issues.
What is so ironic is the bully getting bullied, so I guess we will see how this unfolds.
🙈🙉🙊
Another example of excessive govt. regulation driving a small business owner into extinction. Thanks liberals. On the other hand, perhaps the owner shouldn’t have spent so much on the other renovations. It’s sad, because he loves the place and it is a classic inn. Maybe he can get a loan or grant from the headwaters fund. After all, the county voted funds to subsidize the pot industry and the transients.
A loan from the Headwaters Fund – that is a great idea! After all, since T.H.E.Y. “invest” (NOT on gubbernuts job description), $361,518,360 (pg.38), it would seem that the people of Humboldt would MUCH rather save Benbow from the vile banksters and/or FlowKana. One thing worth voting on. Hell, why not Measure Z’s million-a-month extortion? I MEAN, how much safer do you feel since April 1, 2015 when the 1/2% unlawful tax went into effect?
County Investment Pool (pg 42/2018 financial statements)
Net position at July 1, 2017 $357,716,174
Net change in INVESTMENTS by Pool Participants $2,191,539
There is so much more to this story. Starting with terrible management , nepotism, low wages,most of the workers are here illegally ,infrastructure issues, bed bugs I could go on and on , any decent managers never stayed because of the looney bird Theresa . The golf course was unplayable for over 3 years and the Koa is a dump . The locals won’t go to the bar because god forbid you tell a loud joke you will be kicked out . Money in good. Money out bad ..they are way overextended and this is the result .
I wonder what makes such a different experience. I’ve stayed there several times in the last few years and had a lovely time. I’ve eaten there a couple of times a year and the food is good, the ambiance is wonderful. I’ve been to the KOA and it is clean and well cared for. I have a family member who works there and she loves it.
Obviously the difference is the person experiencing. And what they need to get out of it.
Benbow building was bought by the Porter from the Watts knowing that the beam under the entire kitchen was showing some signs of stress and would need some repair in the future. They cut a deal accordingly and 30 years later in an attempt to sell the place realized that they would have to tear the entire floor and rebuilt the kitchen as well as upgrading the “boiler” for all heat and water and steam necessary for the operation….Nobody talks about that.They were legally bound to repair!
They waited all those years without any improvements…broken and noisy elevator, dripping walking, defective ovens and ranges,worn out equipment and outfit for workers,poor ventilation…putting the health of the guests at risk.Potential buyers did not fall for it.
But of course this was hidden from the public because this is nobody’s business.The Porter have tried for years to block locals from enjoying the Inn and required a dress code…remember? they are not interested in the community which they qualify as “stoners” but of course now that they screwed up wants the support of the community.
Since the Marijuana price drop, every business in town has suffer a 50% loss in revenue and the Chamber of Commerce stayed silent and never tried to organize nor help in finding solutions while some commerce were forced to close…but John Porter in on the board of directors…
So when one wants to analyse the situations from an honest point of view should turn over all the stones and not just the shinny ones.
I love the Benbow as much as anyone and wish it to be run by individuals and not by banks nor corporations ( which it is ). However a solid leadership and a (not respected ) mission plan have been seriously missing and the million of dollars pour into will not make any difference (aside from making it look like an Holiday Inn)…
Bad management lead to failure …not loans.Politicizing the issue is a red herring.
~it all comes out in the wash on RHBB, doesn’t it? TY, John Doe 2.
For once I agree with pretty much everything this comment says regarding the truth about the shape of the inn, the lack of repairs until forced to do so, the employee work environment, which still does employee employees of the inn and the employees of the KOA , yet uses two separate payrolls for an employee which may work for both, yet won’t receive overtime pay if they work over 40 hours, when the hours are split between the ‘ two separate businesses’ which is a janky way for them to avoid paying overtime and allows them to schedule longer total hours to a single employee at a lower overall payroll expense. This along with the mass seasonal layoffs to keep payroll costs down and hiring mostly work visa employees at a lower cost , rather than hiring locals, firing or letting go of employees who have been there longer rather than promote or hand out raises. They let the rose garden go to shit a long time ago and so yes I do agree that the inn is not functioning as a support or a friendly loyal company to work for but rather a company which treats their employees as disposable , replaceable tools. If the inn wishes to have the support of the community they should be more considerate in the practices that they use in business. Period. Lots of shady shit goes on at the inn