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New York Firm Revealed as Bidder for David's Bridal Assets

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Less than three months after David's Bridal filed for chapter 11 bankruptcy protection, the potential buyer of the beleaguered retailer has been revealed, the Philadelphia Business Journal reported. Court documents show New York investment and business development company CION Investment Corp. has submitted a going-concern bid to acquire a portion of the Conshohocken-based wedding dress retailer's assets. "While we still have much work to do in order to proceed with seeking approval, and as nothing is certain, this could potentially be a great outcome for David’s Bridal. This bid, if approved, would provide new money to support a go-forward David’s Bridal with up to 195 stores," David's Bridal said in a statement to the Business Journal. The retailer has more than 300 stores in the U.S., Canada and the United Kingdom, with additional franchise locations in Mexico. It is currently owned by a group of lenders including Los Angeles-based Oaktree Capital Group.

Sens. Warren, Booker Grill Failed Retailer Bed Bath & Beyond over Allegedly Denying Severance

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Home goods retailer Bed Bath & Beyond is facing scrutiny from Democratic lawmakers for allegedly evading severance pay for thousands of employees laid off after its recent bankruptcy, CNBC reported. The company, which has spent $11.8 billion in stock buybacks for its executives since 2004, is “failing to treat retail employees with dignity in the bankruptcy process,” according to a letter to Bed Bath & Beyond CEO Sue Gove from Sens. Elizabeth Warren of Massachusetts and Cory Booker of New Jersey. The lawmakers claim that Bed Bath & Beyond denied some workers severance pay after it filed for bankruptcy in April and began closing stores and laying off workers. Other workers were denied 401(k) matches for contributions after receiving misleading guidelines, the letter states. The failed big box store also announced layoffs of 1,295 employees a day before an April 10 New Jersey law went into effect, effectively dodging the law that provides enhanced protections to laid-off workers, the letter claims. The company later reversed course after public pressure and issued one week of severance for every year worked to those affected employees. As the retailer reported sagging sales and announced plans to close stores and cut workers, it took on more debt to buy back stock in a bid to boost its share price. Warren and Booker asked Bed Bath & Beyond to commit to providing severance to its workers and for detailed information on its severance policy, stock buybacks and dividends and other related issues. The Democrats asked for a response by July 19.
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United Furniture Bankruptcy Sale Slated for July 25 in Memphis

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Fourteen sites owned by United Furniture Industries will be up for auction later this month, Connect CRE reported. United, also known as Lane Furniture, ceased operations in November and has filed for chapter 11. B. Riley Real Estate will conduct the auction for the properties, four of which are located in North Carolina totaling almost 1.5 million square feet. The sale is scheduled for July 25 in Memphis, Tenn., near the office of the district bankruptcy court overseeing the company’s case. Bids will be considered on individual properties or the entire portfolio. The minimum bid for the 14-site portfolio, encompassing 5 million total square feet, is $65 million. Bids will be accepted until 5 p.m. CT July 14. Bidders will be notified by July 21 if they are qualified to attend the auction. Property closings are expected in late August after a sale hearing.
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Christmas Tree Shops Expects to Liquidate All of Its Stores

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Christmas Tree Shops is poised to liquidate all of its stores roughly two months after the struggling home-goods retailer filed for chapter 11 protection, the Associated Press reported. When Christmas Tree Shops filed for bankruptcy in early May, the Middleboro, Mass.-based chain aimed to complete restructuring and exit chapter 11 as a “financially stronger retailer” by the end of August. At the time, Christmas Tree Shops planned to close a small number of underperforming stores. In a court filing, however, Christmas Tree Shops confirmed that it defaulted on a $45 million bankruptcy loan and had agreed to liquidate its more than 70 remaining locations across 20 states, unless a buyer emerges in the final hour. Out of business sales could start as soon as Thursday, per court documents. Landlords also have until Thursday to file objections. Christmas Tree Shops’ history dates back to the 1950s, when the original small holiday store opened on Cape Cod, in Yarmouth Port, Mass., according to the company website. In 1970, Chuck Bilezikian purchased the seasonal business, transforming it into a destination for one-of-a-kind items and low prices that became a year-round shopping destination largely anchored in the Northeast. Over time, Christmas Tree Shops expanded into more states and moved beyond holiday items. The chain recently worked to rebrand itself as “CTS” — in hopes of underlining that its products are not isolated to seasonal goods. In 2003, the Christmas Tree Shops chain was acquired by Bed Bath & Beyond, then was sold in 2020 to Handil Holdings.
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Retailers, Beware: Resumption of Student Loan Payments Could Lead Some Buyers to Pull Back

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Just as the American economy is struggling with high inflation and interest rates, the coming resumption of student loan payments poses yet another potential challenge, the Associated Press reported. The suspension of federal student loan payments, which took effect at the height of the pandemic in 2020, expires late this summer. Interest will start accruing again in September. Payments will resume in October. Though many hoped their loans might at least be lightened, the Supreme Court has struck down a Biden administration plan that would have given millions of people some relief from the return of the loan payments. The restart of those payments will force many people to start paying hundreds of dollars in loans each month — money they had been spending elsewhere for the past three years. This pullback in spending on goods and services won’t likely make a serious dent in the $26 trillion U.S. economy, the world’s largest. Any pain instead will likely be concentrated in a few industries, notably e-commerce companies, bars and restaurants and some major retailers. Even if all that won’t be enough to weaken overall economic growth, the shift in spending by many young adults could inject further uncertainty into an economy already beset by uncertainties, from whether the Fed will manage to tame inflation and halt its interest rate hikes to whether a recession is destined to strike by next year, as many economists still fear.
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Christmas Tree Shops to Liquidate All Stores

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Discount home-goods retailer Christmas Tree Shops is headed for liquidation after defaulting on a loan that funds its bankruptcy, the Wall Street Journal reported. The 82-store chain filed for bankruptcy in May with plans to close a small number of underperforming stores and to exit chapter 11 by August. The plan was to restructure the company’s finances while keeping its ownership intact. The retailer took out a $45 million bankruptcy loan, including roughly $20 million in fresh capital, from its lenders. But the creditors terminated the loan after the company defaulted on the terms due to worsening revenues and liquidity, according to a notice filed with the U.S. Bankruptcy Court in Wilmington, Del., on Thursday. The company and its stakeholders have reached an agreement this week to liquidate the remaining roughly 70 stores unless a buyer emerges within the next week or so, according to the filing. “Unfortunately, circumstances have resulted in the plan really not being able to go forward because quite simply, the debtor doesn’t have the time nor the money to go forward with the plan,” said Harold Murphy, a lawyer for the retailer, during a Thursday court hearing. The retailer will no longer present a plan to exit bankruptcy because of the change of course, said Murphy.

AMC Fights Meme-Stock Investors in Court

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A judge is weighing a dispute between AMC Entertainment, the troubled movie-theater chain that capitalized on the enthusiasm of meme-stock investors to help it survive the COVID-19 pandemic, and some of those same investors who have turned against it, WSJ Pro Bankruptcy reported. A two-day hearing in the Delaware Chancery Court concluded Friday, with nearly 3,000 individuals who own shares in AMC having written letters, filed objections or appeared in court to object to the terms of a settlement over a set of equity transactions planned by the company. John Barton, an Air Force veteran who owns AMC shares, said during the first day of the hearing on Thursday, “I speak to you today hoping to represent the 3.8 million individual investors that are about to find themselves at a loss, saving AMC and its theaters.” “My fear is that the individual investors are going to be caught holding the bag, not making the money that the shorts and AMC will during this conversion event,” Barton said. Vice Chancellor Morgan Zurn, the judge overseeing the case, is expected to issue a ruling within weeks. The dispute centers on the company’s planned transactions to convert its AMC preferred equity units, known as Apes, into common shares, as well as to conduct a 10-for-1 reverse-stock-split. AMC has said that these transactions would enable it to raise money by selling additional shares, and that it might need the liquidity buffer to avoid bankruptcy as it continues to struggle with its heavy debt load amid uncertain cinema industry conditions.

Online Retailer Overstock Rebranding as Bed Bath & Beyond

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Overstock.com intends to sunset its company name and rebrand as Bed Bath & Beyond after purchasing that company's intellectual property assets in bankruptcy, Overstock CEO Jonathan Johnson said on Thursday, Reuters reported. Overstock, which chose not to bid on any of Bed Bath & Beyond's retail locations or inventory, will remain an online-only home goods retailer, combining Overstock's strengths with a better-known and stronger brand name, Johnson said in an interview. "An opportunity arose in bankruptcy to get the pieces that we loved and not have them burdened by the things we didn't like," Johnson said. "We've long liked the Bed Bath and Beyond name, but we didn't like the stores, the inventory, so don't expect stores from us." Overstock's "generic" name has held the company back, and it does not really reflect the company's current focus on selling home goods and furniture online, Johnson said.

Bed Bath & Beyond Picks Initial Buyer for BuyBuy Baby Assets

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Bed Bath & Beyond Inc. selected baby goods company Dream on Me Industries Inc. as the initial winner of an auction for the bankrupt retailer’s BuyBuy Baby brand, with the hope that a higher bid might emerge to keep the brand’s stores alive, according to court papers, Bloomberg News reported. Although New Jersey-based Dream on Me won the initial auction held on Thursday for the company’s intellectual property, its bid could be superseded if a higher or better bid emerges for the company as a going concern, court papers show. Everyday Health Media LLC was selected as the sole backup bidder for the BuyBuy Baby assets. The terms of Dream on Me’s bid have not yet been disclosed. The company extended the deadline for BuyBuy Baby’s going concern auction to July 7. The auction was originally scheduled for Thursday. Bed Bath sold its flagship brand this week to Overstock.com Inc. for $21.5 million, after the company was unable to secure another buyer interested in keeping stores open.

Serta Simmons Emerges from Chapter 11 Protection

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Serta Simmons Bedding has completed its financial restructuring and emerged from chapter 11 five months after filing for protection under the U.S. Bankruptcy Code in January, Furniture Today reported. The bankruptcy court ruled earlier this month that the company’s plan could move forward. At the time of its filing, the Serta Simmons included a plan to emerge quickly with financing in place. As part of the go-forward plan, the company has put together a board of directors that includes a familiar bedding executive: former chairman and CEO of Simmons Bedding, Charlie Eitel. Mark Genender, managing partner of Bristol Growth Capital and also an alum of the Simmons board, has been appointed chairman. Other members of the board include current CEO Shelley Huff and Brandi Thomas, group vice president and chief audit executive for General Electric, both of whom were already board members. Under the plan, the company says it has “ample liquidity and a more flexible capital structure” to execute its turnaround plan. Through the bankruptcy process, Serta Simmons reduced its debt from $1.9 billion to $315 million, lowering its annual interest expense by more than $100 million. In addition, the company has secured a $100 million revolving credit facility.