Honoring
Financial Obligations
Departing
members
In
his book, Cities of Light, Swami Kriyananda discusses an
early decision involving a member who, prior to leaving, asked
to be reimbursed for certain financial outlays. To some community
leaders, this request seemed unreasonable. Kriyananda persuaded
them to see it differently.
In
that situation, he writes, the highest value was not "reasonableness"
but compassion. In the context of departing members, "People are
more important than things" meant doing whatever we could to make
them feel they had been fairly treated, and that the door was
open for them to return.
All
land at Ananda Village is community-owned. Departing members who
request reimbursement for homes they've built are repaid in a
lump sum or installments. The first instance of this occurred
with the exodus of members after the 1976 fire. Departing members
who lost homes received the lion's share of the post-fire donations,
and later, in installments, the full value of their loss.
Chapter
11 bankruptcy
An even larger exodus took place in the late 1990s after a large
court judgment forced Ananda into a Chapter 11 bankruptcy reorganization.
By then, Ananda had a householder monastic order. Many of those
planning to leave were members of the order and had donated their
homes to the community upon taking final vows.
It
became apparent, however, that without the return of their investment
in Ananda housing, many departing members would lack the funds
needed to establish themselves elsewhere. Ananda reconsidered
the situation and ultimately agreed to give full reimbursement
to any departing member requesting it. A local businessman comments
on Ananda's decision:
I
was very impressed with how Ananda handled the "buy-back" of
houses from members who were leaving. Many of these people had
previously made a religious vow to turn these assets over to
Ananda. Ananda gave them an opportunity to reconsider those
vows, to revoke them if that was their current decision, and
to receive full repayment of their investment in their homes
when they left the community. I've been in contact with several
members who have left the community and none have said anything
negative about Ananda. Scott Robertson, CPA,
Robertson and Woodford, Nevada City, CA.
Ananda's
decision to seek Chapter 11 bankruptcy protection in 1998 bespoke
a very challenging time. A highly aggressive judgment creditor
was making demands that threatened Ananda's very survival.
Ananda
is not a wealthy organization. Its main assets are the land at
the Meditation Retreat and Ananda Village, and the judgment creditor
wanted that property. Attempts were made to seize the copyrights
to all of Kriyananda's books, which are not only a source of income
for Ananda but one of the main ways Ananda shares Yogananda's
teachings with the world.
But
Ananda clung to its core ideal, "Where there is adherence to truth
and right action, there is victory," and ultimately defeated such
tactics. A Nevada City businessman comments on the integrity of
Ananda's approach:
I
was impressed with how Ananda handled its Chapter 11 bankruptcy
reorganization. Typically there's a certain amount of desperation
associated with a bankruptcy situation, and people hide assets
from creditors. Ananda's financial arrangements are complex,
and Ananda could easily have made the reorganization complex
and difficult for creditors, even without hiding assets. Ananda
did just the opposite. It chose to stand up and make things
as clear as possible and to go forward and trust the system.
Ananda people showed a detachment and objectivity, when things
could have been very emotional. Scott Robertson,
CPA, Robertson and Woodford, Nevada City, CA.
One
of the main challenges in the Chapter 11 reorganization was to
negotiate a settlement acceptable to the judgment creditor, but
that also preserved Ananda's ability to pay other creditors in
full, including departing members. Ananda could have developed
a plan that called for less than 100% repayment of all obligations,
thus reducing the likelihood of any future default, but chose
not to. Ananda's bankruptcy attorney comments:
Throughout
the Chapter 11 process, the Ananda leaders acted admirably and
with integrity. It was driven into me over and over that we
had to do the right thing. Everything had to be disclosed-warts
and all, even things that weren't beneficial to Ananda. There
was never any inkling or direction to be "cute," to play hide
the ball, or to be less than candid with any of the individuals
or groups involved in the process.
Ananda
was facing an aggressive judgment creditor who wanted to push
the money aspect so hard as to shake the bedrock of the community.
The big challenge was to come up with a solution that recognized
Ananda members who had made housing pool contributions as unsecured
creditors, and that didn't reduce their rights.
Since
Ananda wanted to do the right thing by its unsecured creditors,
it had to settle on terms the judgment creditor would accept.
Without a settlement, there would have been an attachment of
assets by the judgment creditor. What was developed was fair,
honest and equitable.
For
a non-profit organization like Ananda, it's possible to have
a Chapter 11 plan confirmed that calls for less than 100% repayment
of all unsecured creditors. Ananda's leaders were never interested
in this route. Ananda agreed to a plan that called for 100%
repayment. Walter Dahl, Dahl & Dahl, Attorneys
at Law, Sacramento, CA.
Urgent
need for funds
There
was a lot of belt-tightening at Ananda in the months following
court approval of the reorganization plan. A time came when Ananda
urgently needed a sizeable loan and, of necessity, turned to a
high-cost lender. The lender who made this loan discusses his
dealings with Ananda:
Our
company is expensive, but we make money available very quickly.
Often clients come to us because of a need for money they hadn't
planned for but which is suddenly right in front of them. They
need a certain amount of handholding and help in sorting things
out.
Ananda
was different. Ananda was taking responsibility for its situation
and wasn't looking to me for any handholding. I was sure the
leaders had thought carefully about what they might be facing
in the future and that, from a business standpoint, they had
a plan. I had no doubt that the information they gave me was
true and accurate.
There's
usually a certain level of anxiety when I make a loan above
a half million dollars. With Ananda I didn't have that anxiety.
The whole process was very simple and I felt peaceful.
I wasn't surprised when Ananda repaid the loan in advance. Phillip
Lester, Broker-Owner, Gold Country Lenders, Grass
Valley, CA.
Individual
financial commitments
By
2001, the judgment debt had been paid in full-a miracle for sure!
Most of the money to pay the legal debts has come from individual
Ananda members. There is a motto at Ananda, a truth that has become
ingrained over the years: "Many hands make a miracle." As Kriyananda
writes, he didn't build Ananda alone:
All
I did, really, was give it the push it needed. Many hands, many
voices, many minds made the miracle that eventually emerged.
Not
surprisingly, individual Ananda members also have a track record
of honoring their personal financial commitments. A local banking
official describes her experience:
I've
had a 30-year banking relationship with individual Ananda members
and the Ananda community. Without exception, the individual
members and the community have always honored their banking
commitments. When they said they would do something, they did
it-they never deviated. Claudia Scharsmitt, Senior
Vice President, Citizens Bank, Nevada City, CA.