Owners questioned regarding recent health club closing.
Owners questioned regarding recent health club closing.It’s likely customers of a former Brighton Township gym
that closed without giving members notice won’t be reimbursed, the owners’ attorney said Thursday in a federal bankruptcy hearing.
After all, the objective of former Powerhouse Gym owners Walter and Jennifer Gumiela filing for bankruptcy was to “discharge them of all their obligations,” attorney Mark Shapiro said.
The Gumielas, of Hartland Township, answered questions under oath Thursday from their attorney, a bankruptcy trustee and creditors in Flint. The Gumielas filed a Chapter 7 bankruptcy March 26, court records show, with more than 1,250 creditors listed in the case, including customers, attorneys and government
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Walter Gumiela during the hearing cited “problems” with the business’
landlord and the market as the couple’s reasons for filing for bankruptcy. He and Shapiro declined to elaborate on those comments to the Daily Press & Argus.
Court records show former landlord Charms 3 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.
Of the creditors listed in the case, only customers Robert and Kathleen Phifer of Green Oak Township were present for the hearing. Robert Phifer asked the Gumielas why they “took his wife’s money if you knew you were going to close” and why the owners didn’t attend the small-claims case hearing for a complaint he filed in Livingston County District Court prior to the bankruptcy filing.
Walter Gumiela responded that he had surrendered assets to a “previous owner” whom he said had plans to open a new gym but encountered issues with “rezoning” and “special use.” He did not elaborate what type of assets were turned over.
Records show the special land-use petition filed with Brighton Township at 10489 Grand River Ave. was filed only by Walter Gumiela. He requested use of the building for a new gym named Kensington Valley Fitness, which was announced to members on the former gym’s Facebook page and has since been deleted.
Shapiro said he hadn’t seen the Phifers’ subpoena, but the bankruptcy filing “stayed” any claims. He suggested that the Phifers file a complaint in bankruptcy court if they wanted to start the action of establishing a fraud case.
A walk-in customer, Kathleen Phifer said she purchased two memberships from the gym in January for about $200 each, in addition to a $300 personal training package.
The state of Michigan also is listed as a creditor in the case. An October Department of State report indicates the business owed nearly $21,000 in Michigan business taxes combined for 2011 and 2012.
Several customers have filed complaints about the former gym with Michigan Attorney General Bill Schuette’s office.
A second bankruptcy hearing is scheduled for 11 a.m. May 16 at the Flint Federal Building, 600 Church St., Room G-19.
It’s likely customers of a former Brighton Township gym
that closed without giving members notice won’t be reimbursed, the owners’ attorney said Thursday in a federal bankruptcy hearing.
After all, the objective of former Powerhouse Gym owners Walter and Jennifer Gumiela filing for bankruptcy was to “discharge them of all their obligations,” attorney Mark Shapiro said.
The Gumielas, of Hartland Township, answered questions under oath Thursday from their attorney, a bankruptcy trustee and creditors in Flint. The Gumielas filed a Chapter 7 bankruptcy March 26, court records show, with more than 1,250 creditors listed in the case, including customers, attorneys and government
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Walter Gumiela during the hearing cited “problems” with the business’
landlord and the market as the couple’s reasons for filing for bankruptcy. He and Shapiro declined to elaborate on those comments to the Daily Press & Argus.
Court records show former landlord Charms 3 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.
Of the creditors listed in the case, only customers Robert and Kathleen Phifer of Green Oak Township were present for the hearing. Robert Phifer asked the Gumielas why they “took his wife’s money if you knew you were going to close” and why the owners didn’t attend the small-claims case hearing for a complaint he filed in Livingston County District Court prior to the bankruptcy filing.
Walter Gumiela responded that he had surrendered assets to a “previous owner” whom he said had plans to open a new gym but encountered issues with “rezoning” and “special use.” He did not elaborate what type of assets were turned over.
Records show the special land-use petition filed with Brighton Township at 10489 Grand River Ave. was filed only by Walter Gumiela. He requested use of the building for a new gym named Kensington Valley Fitness, which was announced to members on the former gym’s Facebook page and has since been deleted.
Shapiro said he hadn’t seen the Phifers’ subpoena, but the bankruptcy filing “stayed” any claims. He suggested that the Phifers file a complaint in bankruptcy court if they wanted to start the action of establishing a fraud case.
A walk-in customer, Kathleen Phifer said she purchased two memberships from the gym in January for about $200 each, in addition to a $300 personal training package.
The state of Michigan also is listed as a creditor in the case. An October Department of State report indicates the business owed nearly $21,000 in Michigan business taxes combined for 2011 and 2012.
Several customers have filed complaints about the former gym with Michigan Attorney General Bill Schuette’s office.
A second bankruptcy hearing is scheduled for 11 a.m. May 16 at the Flint Federal Building, 600 Church St., Room G-19.










































































