Top of the Kress could soon shutdown

December 6, 2011

Top of the Kress could soon shutdown


Yuma, AZ--A local night club's light's could soon go dark after the owner loses in bankruptcy court.

Frank Ruiz, the owner of the Top of the Kress filed for Chapter 11 bankruptcy protection about a year and a half ago.

On Friday, the United States bankruptcy court for the district of Arizona has dismissed the filing.

The owner of the night club battled to stay open for business, for the past year and a half-- under the protection of Chapter 11.

But on Friday, a judge decided desert best Enterprises, owned by Ruiz could no longer hide behind the bankruptcy law which allows businesses to reorganize their finances.

Chief Bankruptcy Judge James M. Marlar stated "At the very least, any creditor with a plausible plan for turning this case into a silk purse would have suggested something by now, rather than just allowing the debtor to continue its current death rattle. Nothing is coming out of this case but more pain. It is now time to mercifully end it."

Christine Dawson, owner of Da Boyz Italian Cusine, which is located underneath the nightclub said until three months ago, she paid her rent through the top of the kress.

She recently found out her payments weren't making its way to Arizona Federal Credit Union.

"It's kind of like you have that its been foreclosed but it rented so you can still take the rent, its not ethical or immoral, but you shouldn't do it but people do it. They take the money but AEA wasn't getting their portion, they wouldn't even made their payments," Dawson said.

Mark Ruiz, the son of Frank Ruiz tells news 13 that Frank and Jackie have been benefiting from using money from the Kress and personal use.

Dawson said she felt left out in the dark not knowing what could happen to her business.

"I want our customers to know that it is frustrating when there stuff about him on the news. People think that im part of the Kress but the only thing im a part of the building, not the Top of the Kress," she said.

Even though AEA's attorneys will now push to have the Kress close their doors as soon as possible, Dawson said her business will remain open.

"Now that they've come to me, reassured me they want me because im a good liability, basically an asset because I do pay my rent, I do pay it on time," Dawson said.

Michael King, the attorney for AEA said the next step is to seek another investor to take control of the property.

No word on when the Kress's doors will be closed.

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