Posts tagged "Chapter 11"

USA Gymnastics files for Chapter 11 Bankruptcy

USA Gymnastics filed for Chapter 11 Bankruptcy. https://people.com/sports/usa-gymnastics-files-for-bankruptcy/  The Chapter 11 is to allow USA Gymnastics to reorganize and to deal with claims in the wake of the multple sex abuse allegations. USA Gymnastics released a statement indicating as follows:

Sears Bankruptcy Includes Closing NJ Stores

Sears filed bankruptcy on October 15, 2016. According to Wikipedia, Sears was the largest retailer in the US until 1989 when it was passed by Walmart and was now 23rd largest. Recent financial changes led to the closing of the Sears at the Hamilton Mall in Atlantic County. With the filing of the Chapter 11 Bankruptcy, three more New Jersey locations are being closed: The Sears at the Deptford Mall in Deptford New Jersey, the Sears in Middletown NJ and the KMart in Glassboro NJ on Delsea Drive. The closure of the stores is a major blow for those areas because of the loss of so many jobs.

Asset Sales in Chapter 11 Bankruptcy

 Chapter 11 Bankruptcy is available to businesses that desire to sell their assets but have debts exceeding the value of the assets. While Chapter 7 can be used for a liquidation of assets there are circumstances where it is important to maximize the amount received and selling as a going concern makes more sense. A Chapter 11 liquidating plan can be used for that purpose. However, sometimes it is necessary to have a more immediate sale and waiting until the confirmation hearing is not an option. In that situation the company can seek to sell its assets through a sale pursuant to section 363 of the Bankruptcy Code. The section is usually used to sell specific assets but more and more it is used to sell all of the company's assets. Generally the seller must demonstrate that business may not survive until confirmation and this is the best opportunity for creditors to be paid. The 363 sale is not for all sales but in some cases it may be the best option.

Philadelphia chapter 11 bankruptcy filed by Zitner Candy Corp.

In Philadelphia Pennsylvania a chapter 11 bankruptcy was filed by Zitner Candy Corp. Zitner Candy, located on 17th street near Temple University in Philadelphia filed for Chapter 11 bankruptcy on April 13, 2018. Court documents reveal the company had significant secured debt at the time of the filing. The chapter 11 bankruptcy is generally used by debtors in an effort to restructure and reorganize its current debt problems

Former Philadelphia Eagle Mike Vick completes chapter 11 bankruptcy

 It appears that not only were the current Eagles on a roll in 2017 making it all the way to the Super Bowl but it was a good year for former Eagles as well. Former Philadelphia Eagle Mike Vick needed to file for chapter 11 bankruptcy after he was involved in a dog fighting scandal that caused him to lose his NFL job and his endorsement income. According to court papers he was required to repay over 17 million to his creditors. After making a comeback in the NFL and playing for the Philadelphia Eagles, New York Jets and Pittsburgh Steelers he was able to complete his required payments for the chapter 11 bankruptcy at the end of 2017 and the case is now closed

Chapter 11 for Toys R Us with Cherry Hill and Deptford NJ Locations

Toys R Us, which has locations in Cherry Hill New Jersey and Deptford NJ filed a Chapter 11 bankruptcy to reorganize its debts. Even though they have not yet obtained a court approved plan, the executives of the company have now asked the bankruptcy court to approve millions of dollars in bonuses for those executives. Not surprisingly, the US Trustee's office opposes the payment of such bonuses and filed an objection. The bankruptcy judge will now consider the documents submitted and the arguments of the lawyers and then render a decision. It is also possible that the attorneys will reach an agreement, for example, agreeing to a lower bonus, and then they would ask the court to approve the compromised amount.

Willingboro New Jersey Bankruptcy Attorney

The Law Office of Robert Braverman, LLC has recently opened a law office at 200 Campbell Drive, Willingboro New Jersey to better serve the individuals and businesses of Willingboro and nearby cities such as Westampton, Willingboro and Burlington City, NJ. Assisting clients with financial issues in bankruptcy, including Chapter 7, Chapter 13, Chapter 11 and Chapter 12 and debt negotiation will remain the primary focus of the law firm.

What is an Involuntary Bankruptcy

An Involuntary Bankruptcy is filed not by the individual or company that has the debts, but instead by creditors of that individual or company. The involuntary bankruptcy can either be a Chapter 7 or Chapter 11 bankruptcy. Three creditors with combined claims totaling $15,775 or more can force a company into bankruptcy. The claims cannot be contingent or subject to a bona fide dispute. The filing must be in good faith or the case will be dismissed and the creditors could be responsible for fees and costs incurred by the debtor. The requesting parties must show the debtor is not paying its debts as the debts become due. Creditors will file an Involuntary Bankruptcy for various reasons including trying to force liquidation of the assets to pay its claims or to get the trustee appointed to review the books and records to make sure the debtor is not improperly favoring some creditors over other creditors.

NEW JERSEY RETAILERS FILING BANKRUPTCY IN 2016

A number of large retailers with stores in New Jersey have filed for bankruptcy in 2016.  Bob's Stores with locations in Freehold, Springfield Twp, and Totowa, New Jersey filed in April 2016.  Golfsmith with locations in Mount Laurel, New Jersey filed in September 2016.  Fairway Markets with locations in Woodland Park, Paramus, and Fort Lee, New Jersey filed in May 2016.  Also, filing were Eastern Mountain Sports with a Moorestown NJ location and Aeropostale with a Cherry Hill NJ location, among others.  Sometimes the filing is to reorganize by filing Chapter 11 and by closing less profitable locations.  Sometimes a Chapter 7 is filed where the stores are liquidated.

Bankruptcy Supreme Court Case: Czyzewski v. Jevic Holding Corporation

Wednesday December 7th, 2016 the U.S. Supreme Court heard arguments in the case Czyzewski v. Jevic Holding Corporation (a Delanco, NJ based company). http://www.nytimes.com /2016/12/06/ business/dealbook/ supreme-court-case- has-bankruptcy- world-on-edge.html?_r=0  This case questions the need for 'absolute priority rules' in Chapter 11 bankruptcy cases, which protect intermediate creditors from losing claims on assets to senior and junior creditors.  Intermediate creditors include Jevic Holding Corporation's 1,785 workers (drivers) and the $8MM in pay owed to these workers.  Nineteen law professors signed a 'friend-of-the-court brief' urging the Supreme Court to side with Jevic's workers and maintain 'absolute priority rules'.  Opponents of 'absolute priority rules' argue paying small creditors fractions of their claims could be in the best interests of a majority of the company's creditors.  This argument persuaded a bankruptcy judge and a divided panel of the U.S. Court of Appeals for the Third Circuit.

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