Zayat Stables Equine Liquidation Approaches Finish Line After Keeneland November Sale

One of the overarching storylines throughout this year's detour-laden auction calendar has been the liquidation of the once-mighty Zayat Stables operation to settle debts from a defaulted eight-figure loan and an ensuing bankruptcy.

Beginning with the Fasig-Tipton Kentucky Winter Mixed Sale in February, the equine holdings of Ahmed Zayat have been steadily pieced off through the auction ring, private sales, the claim box, and giveaways. According to a court document filed in early November by Elizabeth Woodward, the receiver responsible for handling the liquidation, there were still 10 horses publicly on the books for the stable. After the recently-completed Keeneland November Breeding Stock Sale, where all 10 were cataloged, only two remain, and they will likely be sold privately by Thanksgiving.

This, of course, is not a clear-cut indicator that all of the liquidation resources have been exhausted. The document implies that Zayat Stables still holds some stallion interests, and other holdings might still be in the process of being determined. Regardless, it is clear that the sun is almost over the horizon on the operation that bred and raced Triple Crown winner American Pharoah, won Eclipse Awards as outstanding owner and breeder, and was recognized by the Turf Publicists of America with the Big Sport of Turfdom Award and by the National Turf Writers and Broadcasters Association with the Mr. Fitz Award for “typifying the spirit of racing.”

The November sale saw nine of the 10 remaining Zayat horses go through the ring, with eight selling for a total of $491,000.

Starting with the two that didn't sell, Amandrea is owned in a 45 percent minority with partner Myracehorse.com, and she was scratched from the sale. The next filing from the receiver will indicate if a private deal was brokered or pending for Zayat's share before the sale. A weanling Kitten's Joy filly finished under her reserve with a final bid of $80,000, but liquidation horses that did not meet their reserve at previous auctions this year have typically been sold privately or re-entered in another auction.

The remaining eight followed the pattern set by their predecessors, hammering well below their lofty assessed values set by Zayat's representatives in mid-December 2019. That assessment came about when the owner submitted a liquidation plan to creditor MGG Investments to pay off a $23-million loan and stave off a lawsuit. MGG ultimately filed suit in late January.

The group cataloged in the November sale (minus the weanling, who wasn't born at the time of the valuation) was valued at a combined $5.9 million in December 2019, meaning they ultimately brought about 8 percent of what they were projected to when they went through the ring nearly a year later.

The six horses sold at this year's Fasig-Tipton July Horses of Racing Age Sale brought 9.62 percent of their December assessed value, while the six horses sold in February brought about 19 percent of their assessed worth.

It's well established that assessing value to a Thoroughbred is not a concrete science, and Thoroughbred value can be so fluid that the 2019 projection is practically obsolete at this point. The receiver's November report also makes sure to note how COVID-19 has affected the marketplace for public and private trade.

What makes it worth pointing out at this juncture is the assessment's use as a milepost – first, to show just how fluid those valuations can be, and second, to display how short of the mark the Zayat dispersal will come to paying off its creditors.

One of the primary methods of assigning valuation is based on income projection – what a horse could potentially earn in his or her lifetime at that point in the road. This would explain the widest discrepancy in the Keeneland November group, Gozilla, who sold for $60,000 after being valued at $2.25 million a year earlier.

In December, Gozilla was a 2-year-old looking down the Triple Crown trail with a third in the Grade 1 Hopeful Stakes and a fourth in the G1 Champagne Stakes. The Flatter colt had a a full buffet of spring graded stakes races to bolster his resume, and a strong performance in the Triple Crown races themselves could have made him a legitimate stallion prospect, easily worth seven or eight figures. The opportunity to reach that level, paired with the past performance to imply he was capable of doing it, justified a higher valuation, even if it was one staring at his ceiling.

To put that valuation in perspective, Max Player was appraised at a “fair market value” of $1.75 million after winning the G3 Withers Stakes in early February. The Kentucky Derby qualifying points the son of Honor Code earned in that race were arguably worth more than the graded stakes win itself. The fact that he was firmly on the path to the Triple Crown, and proved he was capable of defeating other horses with the same intentions, increased his earning potential.

Now, in November, Gozilla's Triple Crown opportunity has been exhausted, along with a potentially lucrative Breeders' Cup try. He has raced just once in 2020, finishing eighth in a Keeneland allowance in July.

Gozilla remains intact, and horses have recovered from greater downturns in form to become high-level runners and stallions, but his window is much smaller to achieve it, and the public auction market is as risk averse as it's ever been. It's highly unlikely he'd have ever commanded a price anywhere close to the Zayat assessment, but his open market value is also a fair assessment of his earnings potential at this point in his career.

A similar trajectory can be seen in Alex Joon, a 3-year-old Flatter colt who shortly before had broken his maiden at Churchill Downs when assigned a $1-million valuation last year. He has since run twice, most recently finishing second in a Churchill allowance, before selling for $120,000 at the November sale.

Alex Joon's allowance runner-up effort came on Oct. 29, shortly before the November sale, and recent form can be appealing for a racing prospect. This was also the case for the most expensive Zayat offering, Bob and Jackie, who sold for $190,000.

The 4-year-old Twirling Candy colt has been one of the highlights among the Zayat runners in 2020. He kicked off his campaign with a victory in the Wickerr Stakes at Del Mar, then he finished fourth in the G2 Del Mar Handicap later in the meet. He entered the November sale off a G2 City of Hope Mile Stakes at Santa Anita on Oct. 3, giving potential buyers recent proof that he can compete at a graded stakes level.

Bob and Jackie was a two-time stakes winner at the time of the December valuation, which placed him at $750,000. Using the same methodology for his higher-priced stablemates, his Triple Crown chances had passed at that point and he'd only run once in 2019 by mid-December. However, his recent stakes success and the fact that he plausibly still had a few prime racing years left in him to make a stallion resume boosted his value above the rank and file. As it turns out, he would become one of the most valuable Zayat horses to change hands at auction during the liquidation.

One last horse to examine from the November group is the Eskendereya mare Fateer, the dam of Bob and Jackie who was offered at this year's Fasig-Tipton Kentucky Winter Mixed Sale in February but finished under her reserve at $95,000. She was offered in-foal to top sire Kitten's Joy during the sale, and the ensuing filly was an $80,000 RNA at the November sale.

Nine months later, Fateer went through the ring again, not pregnant for the 2021 foaling season, and she sold for $57,000 – a steep drop from her $450,000 valuation in December.

Like many bankruptcies, the assets of the Zayat Stables dispersal will likely put only pennies on the dollar toward paying back the outstanding debt.

Thoroughbreds are a volatile commodity, and the fortunes of a public or private sale can swing wildly over one or two big performances by a runner or their foals, as well as the overall health of the marketplace. The valuations placed on the Zayat horses in December were unrealistic – they always were – but an unspectacular year from the stable in the middle of a pandemic also created a wider gap between projection and reality.

One of the most celebrated stables of the past decade went out quietly on the racetrack, which led to it going out quietly in the auction ring.

The post Zayat Stables Equine Liquidation Approaches Finish Line After Keeneland November Sale appeared first on Horse Racing News | Paulick Report.

Source of original post

Former Session Topper Given Away as Zayat Liquidation Continues

After nine months under court-appointed receivership to liquidate and manage its remaining equine assets, the insolvent Zayat Stables, LLC, is down to 12 remaining horses at eight locations, according to an October status report filed Nov. 11 in Kentucky’s Fayette Circuit Court.

One formerly valuable colt had to be given away during the most recent month of transactions: Lexington-based receiver Elizabeth Woodward wrote that she released the ownership of a 3-year-old Empire Maker-Duke’s Dream colt “to offset boarding, training and veterinary charges which exceeded the estimated fair market value of the horse.”

That colt was the seventh-session KEESEP sales topper in 2018, acquired for $450,000 in a partnership purchase between Zayat Stables and St. Elias Stable. The receiver’s report, however, stated Zayat Stables had 100% ownership interest in the colt at the time he was relinquished.

“He looked the part,” Zayat told TDN back in 2018 just after the hammer fell. “He was very well-balanced, he had a great walk and a great pedigree…. Everything was going for him.”

In more general terms concerning the financial state of Zayat Stables, the report stated that “As of Oct. 31, 2020, the Receiver has collected approximately $1,624,277 through the collection of purse proceeds and other funds held for Zayat Stables and from sales of the horses referenced herein. She has expended approximately $1,029,293 on operations, such as board bills, veterinary bills, and administrative fees and commissions necessary to be paid for the sales to date.”

Woodward reported the collection of $135,068 from the September sale of an American Pharoah–La Vita Bella yearling as the largest single transaction since her last report was filed with the court. That filly hammered at FTKSEP for $300,000.

Two of Zayat Stables’ horses raced in October: Bob and Jackie (Twirling Candy) ran third in the Oct. 3 GII City of Hope Mile S. at Del Mar, earning $24,000. Alex Joon (Flatter) ran second in an Oct. 29 N1X allowance at Churchill Downs, earning $9,800.

Zayat Stables was ordered into receivership back in January as part of a $24.5 million civil lawsuit by MGG Investment Group, LP, a lender alleging fraud and loan defaults by  Ahmed Zayat and his family-owned bloodstock and racing operation.

That lawsuit revolves around accusations that Zayat Stables hid the proceeds from the sale of nine lifetime breeding rights shares to 2015 Triple Crown winner American Pharoah, plus at least 15 other “valuable racing Thoroughbreds” the lender held as collateral.

The MMG suit is one of three intertwined and currently active court cases involving Ahmed Zayat and his racing stable.

In a federal Chapter 7 bankruptcy petition filed by Ahmed Zayat Sept. 8, Thoroughbred trainers, horse farms, bloodstock businesses, veterinarians, and equine transportation companies were among 132 entities listed as creditors. They are due $14,755,1717 in “non-priority unsecured claims,” which means they are at the bottom of the hierarchy to get paid–if they get paid at all. Zayat Stables is listed as a co-debtor to 112 of those 132 non-priority unsecured claims.

Separately, Ahmed Zayat’s former financial advisor is among the entities who initiated a Sept. 14 federal “involuntary bankruptcy” petition against Zayat’s family-owned racing stable.

Although once prevalent, involuntary bankruptcy proceedings are now relatively uncommon in U.S. courts. They are designed to protect creditors, not debtors, and are often filed against companies (as opposed to individuals) as an attempt to get paid when it is believed that a firm is rapidly burning through assets and/or financial malfeasance is alleged.

The post Former Session Topper Given Away as Zayat Liquidation Continues appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

November Auction Anticipated for Zayat Horses Under Receivership

Attorneys representing MGG Investment Group, LP, which is the plaintiff in a $24.5 million Kentucky civil lawsuit alleging fraud and loan defaults against Ahmed Zayat and his family’s Zayat Stables, LLC, disclosed in a legal document filed Sept. 18 that the court-appointed receiver in that case intends to hold a November auction to sell off horses that are being held as collateral against the unpaid debts.

News about this anticipated November auction was made public in the form of a letter dated Friday and filed in United States Bankruptcy Court, District of New Jersey (Newark) by MGG’s counsel.

That letter pertains to a separate court proceeding initiated Sept. 14 by three other creditors who are attempting to force an “involuntary bankruptcy” petition against Zayat Stables. If the forced bankruptcy moves forward, it could keep MGG (and other creditors who are not part of either court action) from collecting on debts that MGG claims are backed by its own “first priority perfected security interest in all of Zayat Stables’ personal property, equine collateral, accounts and proceeds.”

Complicating matters further, Zayat himself (as an individual, not as his racing stable) filed for Chapter 7 protection Sept. 8 in a federal bankruptcy court in New Jersey, claiming to be $19 million in debt. And within that filing, the insolvent 2015 Triple Crown-winning breeder and owner disclosed that he is a party to three other active lawsuits involving money woes.

So right now the tangled financial mess involves numerous creditors jockeying for position to secure spots in a disputed pecking order that could determine which might be first to recoup proceeds from the Zayat horses held in the Kentucky receivership.

That’s important, because the federal court with jurisdiction in Zayat’s personal bankruptcy has already notified the 132 non-priority, unsecured-claim creditors in that case that “no property appears to be available to pay creditors.” So reaping proceeds from the sale of Zayat Stables’ horses appears to be the only means for some of the creditors to get paid.

The Sept. 18 letter from MGG’s attorneys was an attempt to slow down the process in the forced bankruptcy attempt. The day before, the three petitioning creditors in that involuntary bankruptcy case (Zayat’s former financial advisor is one of the parties) filed an Application for Order Shortening Time, in which they requested that an expedited hearing be set for Sept. 22.

“We are writing to request that any hearing on the Motion be scheduled for no earlier than Sept. 29 as the Petitioning Creditors have not presented any emergent circumstances that would require a hearing to be held as quickly as Sept. 22,” the MGG counsel wrote.

“The underlying premise of the Motion appears to be the Petitioning Creditors’ dissatisfaction with a Kentucky State Court receivership proceeding commenced by MGG on January 22, 2020 in the Fayette Circuit Court, in which Elizabeth Z. Woodward has been appointed receiver. The Receivership proceeding, which has been pending for almost eight months, has been heavily contested by Zayat Stables, which has not only failed in its efforts to date to get the Receivership dismissed, but has suffered the entry of judgment against it in the amount of $24,534,166.13.

“Substantially all of the ‘issues’ raised by the Petitioning Creditors in support of their Motion have already been advanced in the Receivership by Zayat Stables, to no avail.

The Receiver and her retained professionals have, under contentious circumstances, made substantial progress in monetizing Zayat Stables’ assets in a manner typical for the liquidation of equine collateral and consistent with accepted industry practices.”

The letter continued: “We are informed that the Receiver does not anticipate selling any of the horses or other components of MGG’s Collateral until a scheduled auction in November 2020, to be conducted by a recognized Thoroughbred auction house, such as Keeneland; nor will any of the proceeds of the MGG Collateral being held or to be collected by the Receiver be disbursed other than for the ordinary course care and maintenance of the Zayat Stables’ horses.

“Notwithstanding that MGG has a first priority security interest in all of the assets that the Receiver is charged with liquidating, and notwithstanding the fact that MGG has made substantial protective advances to the Receiver to preserve the MGG Collateral, MGG will not seek the Receiver make any distributions to MGG until there has been a disposition of the Motion or a further order of this Court,” the letter concluded.

The post November Auction Anticipated for Zayat Horses Under Receivership appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Zayat Legal Woes Continue As Creditors Force Involuntary Bankruptcy

2015 Triple Crown-winning owner Ahmed Zayat was hit with yet another legal proceeding this week, as the Thoroughbred Daily News reports a small number of Zayat creditors have initiated involuntary bankruptcy proceedings against him.

Involuntary bankruptcy actions are relatively uncommon, according to the TDN's T.D. Thornton, and are primarily designed to protect creditors who fear a debtor's assets will dwindle before they can be repaid. Thornton explains the gamble with involuntary bankruptcy filings is the filers can be required to pay the defendant's legal fees if a judge dismisses the petition.

Zayat filed for Chapter 7 bankruptcy last week, listing tens of millions of dollars in debts. A judge awarded MGG Investments a $24.5 million in summary judgment against his Zayat Stables earlier this year as part of a civil suit over a loan that went partially unpaid. Zayat has countersued and the case is ongong.

The petitioners in the involuntary bankruptcy petition include former Zayat financial advisor Steven Keefer (who Chapter 7 documents say is owed $275,000), U.S. Elite, where Keefer is CEO ($188,500), and and Joseph Bodner ($150,000).

Read more at Thoroughbred Daily News

The post Zayat Legal Woes Continue As Creditors Force Involuntary Bankruptcy appeared first on Horse Racing News | Paulick Report.

Source of original post

Verified by MonsterInsights