USTOA sues Far & Wide creditor

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MIAMI -- Seeking at least $5 million on behalf of some 1,200 consumers and travel agents for their losses resulting from the Far & Wide Travel Corp. bankruptcy, the U.S. Tour Operators Association sued the only creditor to receive a court award.

The USTOA charged that Ableco Finance "aided and abetted...breaches of fiduciary duties" by Far & Wide after Ableco loaned the tour operator $10 million in late 2002 and became its senior secured creditor. Failure to disclose "material information," the USTOA alleged, amounted to "negligent misrepresentation."

Ableco was the only creditor to obtain a complete settlement of its claims in bankruptcy court proceedings here that began in September. With the Far & Wide sale of assets nearly complete, there appeared to be enough cash to pay only Ableco and attorneys' fees.

The Ableco loan, according to the USTOA suit, "provided substantial assistance" that enabled Far & Wide to continue offering future trips without disclosing its "substantially impaired and insolvent financial condition."

The loan documents contained terms that "expressly provided" they remain confidential per agreement of the parties, indicating that Ableco "understood the importance of ensuring that the true impaired financial condition of [Far & Wide]...remain hidden from the consumers remitting deposits," the suit alleged.

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