
德克萨斯州的女子夏令营Mystic在去年夏天的山洪中导致28人死亡,法官裁定该营必须由新的管理团队接管,并拥有解决针对公司及被指责导致死亡的家庭所提起诉讼的权力。
Mystic, the Texas girls camp where 28 people were killed in flash floods last summer, must have a new management team with the power to settle lawsuits filed against the company and the family blamed for the deaths, a judge ruled.
美国破产法官克里斯托弗·洛佩兹(Christopher Lopez)表示,如果Richard Eastland的家属——该公司在洪灾前由其共同拥有并运营——不同意将解决诉讼的权力交给“一名独立受托人”,法院将指定一名政府批准的受托人来管理Camp Mystic。
US Bankruptcy Judge Christopher Lopez said that if the family of Richard Eastland, who co-owned and ran the company before he died in the flood, does not agree to give power to settle the lawsuits to an “independent fiduciary” the court will impose a government-approved trustee to run Camp Mystic.
洛佩兹驳回了两项关于如何处理Eastland家族成员管理营地所产生的利益冲突的竞争性提案。Eastland方面提出任命一名新独立董事,但其对是否和解针对公司的诉讼的权力受到限制。债权人则要求用所谓的第11章受托人取代Eastland家族。
Lopez rejected two competing proposals for how to manage the conflicts-of-interest involving Eastland family members who manage the camp. The Eastland side had proposed a new independent director who had limited authority over whether to settle lawsuits filed against the company. Creditors had asked for the Eastlands to be replaced by a so-called Chapter 11 Trustee.
洛佩兹给Eastland家族至10月28日的期限,以考虑法院对新独立董事的要求。如果他们不同意,他将任命受托人。
Lopez gave the Eastland family until Oct. 28 to consider the court’s requirements for a new independent director. If they don’t agree, he said he will appoint a trustee.
在洪灾中丧生的女孩的亲属以及其他债权人声称,现任所有者对这块725英亩的土地管理不善,且利益冲突过多,不能继续掌权。Camp Mystic官员否认了管理不善的指控,并表示他们提起破产案是为了尝试解决错误死亡诉讼。
Relatives of the girls that died in the flood and other creditors have claimed that the current owners have been mismanaging the 725-acre property and that they have too many conflicts of interest to be allowed to remain in charge. Camp Mystic officials denied the mismanagement allegations and have said that they filed the bankruptcy case in order to try to resolve the wrongful death suits.
这家面向富裕家庭的基督教营地坐落在德克萨斯中部的农村地区,被称为“山洪走廊”。公司于6月提交破产申请,正值德克萨斯州立法者发布严厉报告,指责Eastland未能及时撤离营地。一周后,Eastland及28名受害者中的13人被冲入瓜达卢佩河而亡,其余受害者则在小屋内或被卷入洪水时死亡。
The Christian camp, which caters to affluent families, is set in a rural stretch of central Texas known as “flash flood alley.”The company filed for bankruptcy in June, one week after Texas lawmakers issued a scathing report faulting Eastland for failing to evacuate the camp sooner. Eastland and 13 of the 28 victims died when they were swept into the Guadalupe River, while the others either died in their cabins or when they were pulled into the floodwaters.
声称死亡本可避免,如果营地及其管理方行动更迅速并制定更完善的撤离预案。营地律师表示,将在章节11破产案中尝试解决这些致死索赔。
The families who sued claim the deaths would not have happened if the camp and its managers had acted faster and had a better evacuation plan in place. Camp lawyers have said they will try to resolve the wrongful death claims as part of the Chapter 11 bankruptcy case.
本案为营地神秘有限责任公司(Camp Mystic LLC),案号26—90621,位于美国南部德克萨斯地区破产法院。
The case is Camp Mystic LLC, number 26—90621, in the US Bankruptcy Court for the Southern District of Texas.