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City details options to secure downtown 'Badcock Park' amid Badcock bankruptcy
Summary
City attorneys told the Malbury City Commission that a downtown parcel known as Badcock Park remains under Badcock-related corporate control after a Houston bankruptcy confirmation and outlined four paths — one-off sale, third‑party intermediary, eminent domain, or extended code enforcement — to secure or protect the site.
The Malbury City Commission heard a detailed briefing on Aug. 5 about the ownership and potential disposition of the downtown parcel commonly called Badcock Park, and what the city can do to protect or acquire the site.
City Attorney provided the update, saying the parcel remains on the bankruptcy estate’s radar after a Houston court confirmed a liquidation plan in July 2025. He told commissioners that the debtor has authority to conduct isolated or "one‑off" real‑estate transactions (a legal procedure the presentation referred to as "diminimous" sales) and that similar transfers have already occurred in the region.
Why it matters: the parcel is a small but visible public gathering place in the city’s downtown and staff said the lights and site infrastructure have been turned off and the property is beginning to fall into disrepair, prompting community concern and inquiries about public events and reunions.
What the city said it can do: the attorney outlined four approaches the commission may pursue. First, pursue a one‑off purchase or donation by contacting the debtor or their bankruptcy counsel and seeking a small sale or deed transfer. Second, partner with third‑party intermediaries who have previously brokered transactions with Badcock entities. Third, pursue eminent domain — city counsel said taking the parcel for a public park or associated parking would likely meet the public‑purpose test but would require paying full value and would be expensive and time‑consuming. Fourth, continue code‑enforcement efforts and, if a future buyer takes title, use post‑sale code remedies to compel remediation.
The attorney warned commissioners that each option has tradeoffs: one‑off transactions depend on the debtor and bankruptcy timing, intermediaries charge fees, eminent domain requires court valuations and immediate payment into court, and code enforcement can be slow and may be limited while bankruptcy proceedings remain active.
Next steps: staff said they continue outreach to contacts identified in bankruptcy filings and to the U.S. Office of the Bankruptcy Council in Florida. The attorney asked the commission to note the status but did not request immediate direction; he said he will return with updates as negotiations or legal opportunities develop.
The report closed by noting that community interest is growing as the property’s condition deteriorates and that the city will keep the public informed as options progress.
