Customers of shuttered Powerhouse Gym may get no refunds

Powerhouse-Gym-may-get-no-refunds

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It’s “impossible to tell” if customers of the former Brighton Township-based Powerhouse Gym will get their money back following its no-notice closure, according to bankruptcy trustee Michael Mason.

Owners of the former gym, Wally and Jennifer Gumiela of Hartland Township, filed a Chapter 7 bankruptcy March 26, court records show.

“It’s a personal matter, and that’s what it is,” said Wally Gumiela, who declined further comment.

More than 1,250 creditors are listed in the case, which include customers, attorneys and government entities.

Included is the couple’s former landlord company, Charms 3, which evicted the tenants in January from their former location at 5757 Whitmore Lake Road. The company filed a complaint in Livingston County Circuit Court that alleges the gym owners owe more than $100,000 for six months of rent and fees.

The state of Michigan also is listed as a creditor. An October Department of State report indicates the business owed nearly $21,000 in Michigan business taxes combined for 2011 and 2012.

“In a general sense, they’re asking to be relieved of the debts,” Mason said.

At this point, it’s “impossible to tell” whether creditors will receive the debts the Gumielas owe, he said. “We look to see if there are any assets that could be liquidated for creditors.”

Court records show the Gumielas intend to surrender a 1995 manufactured home owned by Jennifer Gumiela and her previous husband. They intend to reaffirm the debt of their 2008 Dodge Nitro and retain collateral and continue making regular payments on their residence in the 1600 block of Westview Trail in Hartland Township.

The debtors are permitted by law to keep certain property as exempt, which will not be sold or distributed. Court records show the vehicle and Hartland Township home are claimed as exempt.

Tom Patterson of Brighton Township estimates the Gumielas’ home, complete with an in-ground pool, to be at least 3,000 square feet.

Patterson visited the home in February in an attempt to serve the Gumielas a small-collections notice in hopes of being reimbursed for the $300 his wife paid for her year-long membership.

http://www.livingstondaily.com/article/20130403/NEWS01/304030309