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SEC Asks Bankrupt Party City to Save Documents in Investigation

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Party City Holdco Inc. is retaining documents and data in connection with a Securities and Exchange Commission probe, according to bankruptcy court papers, Bloomberg News reported. The regulator sent a letter to the bankrupt party supplies retailer on July 12 asking it to preserve and retain information “relevant to an ongoing investigation,” Party City said in court papers filed on Friday. The letter came a little more than a month after its longtime auditor, Ernst & Young LLP, resigned. The disclosure was included in a section on the accountant’s resignation. Additional details about the nature of the investigation, including its target, weren’t disclosed. Party City said it’s complying with the SEC’s request. After working as Party City’s financial auditor for more than two decades, EY quit in June in the wake of a disagreement about how and when the company should have warned the market there was substantial doubt about its ability to survive, the company said in a securities filing. “The company strongly disagrees with EY’s assertions in its resignation letter to the extent that they inaccurately imply that the company refused to make any required disclosures under the federal securities laws,” Party City said in the filing.
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AppHarvest Files for Chapter 11

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AppHarvest said that it is pursuing a financial and operational transition, using chapter 11 bankruptcy, that would allow the company to reduce its outstanding liabilities, WSJ Pro Bankruptcy reported. The sustainable food company said business operations will continue at its farms, including shipping product to grocery store chains, restaurants and food-service outlets. To pursue its transition, AppHarvest has filed voluntary petitions for protection under chapter 11 of the U.S. bankruptcy code in the U.S. Bankruptcy Court for the Southern District of Texas. The company also has obtained a commitment from Equilibrium, its largest secured creditor, to provide $30 million of debtor-in-possession financing to provide the necessary liquidity to support operations at the AppHarvest Morehead, AppHarvest Richmond and AppHarvest Somerset farms during the cchapter 11 process. The DIP financing is subject to approval of the court. AppHarvest is pursuing a transition of its AppHarvest Berea operations to its distribution partner, Mastronardi Produce, or one of its affiliates, in exchange for $3.75 million, additional incremental funding and support for the company’s restructuring plan.

Bed Bath & Beyond Shareholders to Recover Nothing Under Proposed Reorganization Plan

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Bed Bath & Beyond shareholders will receive zero recovery under a proposed reorganization plan that the bankrupt home-goods retailer revealed on Thursday, WSJ Pro Bankruptcy reported. The proposal, filed with the U.S. Bankruptcy Court in New Jersey, said the stock in Bed Bath & Beyond “shall be canceled, released and extinguished.” Shareholders will have no right to claim any future recovery either, according to the proposed plan. Shares at the bankrupt retailer dropped 11.3% to 32 cents Friday morning. The stock has rallied since its bankruptcy filing, peaking at 38 cents this week from a low of 8 cents in early May. Some individual investors continued to buy Bed Bath & Beyond shares even after the company entered chapter 11 in April, ignoring warnings by the company that its shares would be worthless in bankruptcy. Supporters fueled social media hype that the iconic chain could defy the odds and make an unlikely comeback. Bed Bath & Beyond ditched its efforts to find buyers for both its namesake retail chain, as well as its Buybuy Baby stores, and is shutting down stores and liquidating much of its inventory.

AMC Entertainment Shares Soar After Judge Blocks Equity Transactions

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AMC Entertainment shares soared 70% after-hours Friday after a judge rejected a proposed court settlement that would have cleared the way for the movie-theater giant to complete a set of equity transactions enabling it to issue substantially more shares, the Wall Street Journal reported. Delaware Chancery Court Vice Chancellor Morgan Zurn said that she couldn’t approve the settlement as presented. AMC’s proposed transactions would involve a conversion of its preferred equity units, known as Apes, into common shares, as well as a 10-for-1 reverse stock split. AMC has said the transactions would let it raise money by selling additional shares, and that it might need the liquidity buffer to avoid bankruptcy as it struggles with a heavy debt load amid uncertain cinema industry conditions. However, many meme investors who own AMC’s common shares oppose the transactions out of concerns that their shares could be diluted. Certain shareholders sued AMC to prevent the transactions from being consummated, though they later reached a settlement with the company that would provide an extra common share for every 7.5 shares owned. But other investors opposed both the transactions and the settlement, and the Delaware Chancery Court received more than 2,800 objections to it in advance of a two-day trial that took place last month.

June’s U.S. Retail Sales Fall Short of Expectations

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U.S. retail sales underperformed economists' forecast for June, S&P Global Market Intelligence reported. Retail and food service sales grew 0.2% month over month in June, adding to a 0.3% increase in May, according to U.S. Census Bureau data. On the heels of stronger-than-expected results in May, economists had anticipated June spending to grow by 0.5%. U.S. retail sales continued to rise amid cooling inflation and expectations for additional interest rate hikes from the Federal Reserve. The advance estimate for U.S. retail and food services sales totaled $689.50 billion in June, up from a revised $688.16 billion in May. June sales increased by 1.5% on an annual basis. Nonstore retailers registered one of the largest monthly increases among major retail categories, with a 1.9% growth in sales for June. Furniture and home furnishing stores and electronics and appliance stores also saw increased sales, which were up 1.4% and 1.1% from May, respectively. On an annual basis, nonstore retailers also booked the most sales growth, with a 9.4% increase, while health and personal care stores expanded their sales by 6.3%. Gasoline stations logged the largest monthly decline in sales at 1.4% and the biggest annual drop at 22.7%. The decrease weighed on the monthly total.
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Beloved Baby Retailer Emerges from Bankruptcy, Opens Only U.S. Store After Closing All Locations for Good Five Years Ago

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One of America's most iconic baby brands has launched its comeback just five years after bankruptcy filings forced every location to shutter, the U.S. Sun reported. Babies “R” Us opened its sole U.S. storefront in American Dream Mall in East Rutherford, N.J. Toys “R” Us, the parent brand that Babies “R” Us operated under during its heyday, opened a 20,000-square-foot store in the American Dream Mall last year. The two stores offer a more robust shopping experience than their former mid-tier box store models. Babies “R” Us said that the new store features new experiences, calling the store “a one-stop-shop for all things baby.” The new 10,000-square-foot store carries an assortment of product lines and store experiences. The store includes a baby registry, a nursery design center and a learning center for private events. Customers looking to try out new strollers can take a spin on the stroller test track. The store offers a Wishing Tree where family members can send newborns well-wishes. Toys “R” Us has run successful pop-up stores in Macy's locations since the beginning of 2021.
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Retailers’ Problems Get Real

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Americans bumped up their spending at retailers last month, but at a slower pace, the Wall Street Journal reported. The Commerce Department reported that retail sales in June rose by a seasonally adjusted 0.2% from a month earlier, less than the 0.5% economists polled by the Wall Street Journal expected to see and less than the 0.5% logged in May. The details of the report were less-discouraging, though. First, that May gain was revised up from a previously reported 0.3%. Second, sales excluding gasoline stations, car dealers, building-materials stores and food services — the so-called control group that economists use to track the underlying pace of consumer spending — rose 0.6% in June from May. Even so, control sales put in a weaker performance in the second quarter, rising 0.5% from the previous quarter after a big 1.3% gain in the first quarter. Here is a good place for an obligatory comment on how high interest rates and dwindling cash stockpiles are cutting into people’s spending power. But at the same time, inflation is taking less of a bite out of a lot of the stuff people buy at stores. Separate Commerce Department figures show that through May, second-quarter price increases from the previous quarter at a number of retailing categories, including department stores, clothing stores and grocery stores, were slimmer than in the first quarter.
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Why Tuesday Morning Wants to Downshift into Chapter 7

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Tuesday Morning called it quits on reorganization weeks ago. Now it wants out of chapter 11 status, Home Textiles Today reported. The off-price home goods retailer has been in the process of closing all stores and going out of business since early May. It recently informed the court that it can no longer afford the expense of remaining in chapter 11 because it cannot pay its administrative expense fees. Furthermore, Tuesday Morning does not expect that its liquidation process will leave behind any funds for its unsecured creditors. As for the secured creditors, they have competing and unresolved liens against the company’s sale proceeds, it noted. “Either the parties will reach a settlement, or the court will decide these disputes,” the company told the bankruptcy court in its filing. Tuesday Morning has asked the bankruptcy court to convert its case to chapter 7 effective July 31. The court is scheduled to rule on the matter on July 27. When it filed for bankruptcy last February, the company originally hoped to pare down its store base and emerge from chapter 11 as a leaner operation. In March, it floated the idea of selling out to a white knight. By late April the writing was on the wall, and Tuesday Morning soon sold its assets to Hilco Merchant Resources for $32 million.
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David’s Bridal Sale Approved, Keeping Roughly 200 Stores Open

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A bankruptcy judge approved the sale of nearly 200 David’s Bridal stores out of bankruptcy to Cion Investment Corp., WSJ Pro Bankruptcy reported. In her bench ruling approving the sale, Hon. Christine Gravelle with the U.S. Bankruptcy Court in Trenton, N.J., said the transaction, which is set to close next week, would maximize the value for the creditors, while saving thousands of jobs and keeping up to 195 stores open. “Without the sale, there’s no way that this debtor would reach…the levels of return [for the creditors] that will be produced by the sale that’s backed by Cion,” the judge said. “We were a thread away from liquidating” just weeks ago, said Bradford Sandler of Pachulski Stang Ziehl & Jones LLP at the hearing. But the deal came together after landlords gave concessions and made it happen in a last-ditch effort, Sandler said. As part of the agreement, Cion, a publicly traded investment firm, has agreed to take over certain existing liabilities and pay for the costs to cure contract defaults and breaches, according to the asset-purchase agreement. The purchase price wasn’t disclosed.
 
Occupancy issues are at the heart of many significant retail cases, as detailed in the ABI publication Retail and Office Bankruptcy: Landlord/Tenant Rights, available at the ABI Store.
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