Attorneys for Hard Rock Park will go before a Delaware bankruptcy judge on Tuesday to ask permission to liquidate their assets so creditors can be paid.
The hearing is scheduled for 10 a.m. in Wilmington.
On Friday, attorneys filed a motion asking the court to allow them to convert the company's Chapter 11 bankruptcy filing to Chapter 7, which would allow the company to sell its assets through a trustee and use the money to pay the park's creditors.
The company that ran the $400 million, 55-acre amusement park filed for Chapter 11 protection in September and had originally planned to reorganize and reopen for the 2009 season.
Last month, the company put the park up for auction, but no bidder who could pay at least $35 million emerged, and attorneys said that the company was forced to take the next step.
"Conversion of these cases to cases under chapter 7 of the Bankruptcy Code thus appears to be the only remaining means of allowing the Debtors' assets to be liquidated and potential causes of action to be pursued and monetized for the benefit of creditors," attorneys for the company wrote.
The park, the biggest single tourism investment ever in South Carolina, opened in April. The company licensed the brand name from Hard Rock International, the owner of the popular restaurant chain, and the park's roller coasters were based on well-known rock-song themes.
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