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Applebee’s, Other Creditors Challenge Bankrupt Franchisee’s Plan

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Applebee’s Restaurants LLC is objecting to a franchisee’s plan to leave chapter 11, saying it isn’t clear that a $10 million offer by the franchisee’s private-equity owner to take it out of bankruptcy reflects its market value, WSJ Pro Bankruptcy reported. RMH Franchise Holdings Inc., the second-biggest franchisee of Applebee’s restaurants, sought protection from creditors in May. Applebee’s, owned by Dine Brands Global Inc., is an unsecured creditor in the proceedings and is owed more than $14 million in past-due royalties and advertising fees, a court filing has shown. Applebee’s last week objected to RMH’s disclosure statement, a document describing its proposed reorganization plan. The filing must be approved by the U.S. Bankruptcy Court in Wilmington, Del., before creditors are allowed to vote on the reorganization plan.

Seasons Kosher Supermarkets Receives $13.25 Million Joint Bid

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Two bidders have joined forces to present a lead offer for Seasons Kosher Supermarkets, the country’s largest kosher grocery chain, WSJ Pro Bankruptcy reported. During a hearing Friday at the U.S. Bankruptcy Court in Brooklyn, N.Y., lawyers for Seasons said the new offer from SKNY LLC, an existing lender, and DC Brothers II LLC would replace an earlier offer from SKNY alone. Court papers show SKNY first lent Seasons $1 million in early 2016 and has continued to make loans to help the company make payroll and pay insurance premiums. DC Brothers II is a third party that had initially competed with SKNY to become the lead, or stalking horse, bidder. The new bid, made in exchange for all the Season’s assets, is for $13.25 million, an increase over the previous $12 million offer from SKNY. A so-called breakup fee included as a provision in the new offer was also reduced to 2 percent from 3 percent, a benefit to Seasons.

Toys ‘R’ Us Brand Owners Face Uphill Fight

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The new owners of the Toys “R” Us brand are hoping the toy seller’s spin through bankruptcy will allow the tarnished-but-beloved brand to succeed in a depressed retail environment, and reap long-term return, WSJ Pro Bankruptcy reported. The new owners—the same group of hedge funds that pulled the plug on Toys “R” Us’s reorganization this year—are slated to become the owners of everything from the Toys “R” Us and Babies “R” Us names to the rights of company mascot Geoffrey the Giraffe and other licensed brands such as Imaginarium. The new ownership group, lenders who own a big chunk of Toys secured debt, is made up of about 10 hedge funds, most prominently among them Solus Alternative Asset Management, Angelo Gordon and Franklin Mutual Advisers. Snow Park Capital Partners is a holder of a smaller position, court papers show. The hedge funds are betting that Toys “R” Us will have a future that is brighter than the market expects. Instead of unloading the brand at a bargain price in a down market, the owners are hoping to reboot Toys “R” Us stores with the hope of ultimately reaping a higher recovery somewhere down the line.

Neiman Marcus Is Discussing Debt Overhaul with Lender Groups

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Neiman Marcus Group Ltd, the luxury retailer facing a $2.8 billion loan coming due in two years, has started talking to groups of creditors about reworking its borrowings to give it more breathing room, Bloomberg News reported. Advisers for groups of bondholders and lenders are talking to the company about options that include giving the retailer more time to pay back its loan. In exchange, they would change Neiman Marcus’s credit agreement to give creditors more power if the company’s fortunes deteriorate too much. They’re also discussing a possible bond exchange. The latest discussions heated up soon after Neiman Marcus irked creditors by moving its MyTheresa online retail business -- one of its most promising assets with an estimated value of $500 million -- into an entity that’s outside investors’ reach. One investor said that the move may have violated the terms of the company’s debt, amounting to a default. A spokesman for Neiman Marcus said that the shift was allowed under credit documents, and the company isn’t in default.

Mattress Firm Plans to File for Bankruptcy Soon

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Mattress Firm Inc. said it plans to file for bankruptcy soon, possibly within days, The Wall Street Journal reported. As part of the bankruptcy filing, a group of bondholders of Mattress Firm’s troubled parent company, Steinhoff International Holdings NV, will inject about $300 million in capital into the retailer. Steinhoff, a South Africa-based retail conglomerate, has been caught up in an accounting scandal that erupted in December. In July, Steinhoff’s creditors, which hold billions of dollars of the company’s bonds, reached a deal with the company suspending all payments on its debt for three years. Mattress Firm, with 3,300 stores and more than $3 billion in annual revenue, has its own problems: declining sales, too many stores, and issues with integrating some big mattress chains it swallowed in recent years. In the first nine months of 2018, Mattress Firm’s sales fell 13 percent from the year-earlier period. The bedding chain also has a problem with overpenetration in certain markets, Steinhoff told its lenders in a presentation last month. Another issue: Tempur Sealy International Inc., a top mattress maker, abandoned Mattress Firm after a dispute over pricing last year. Just before Steinhoff took over Mattress Firm in 2016, the retailer had gobbled up some of its largest peers, including the owner of Sleepy’s and Sleep Train Inc. The company is still working on converting many of the Sleepy’s and Sleep Train locations to the Mattress Firm banner.
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Sears Is Closing More Stores, with Some Layoffs Starting Two Days Before Christmas

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Sears is quietly closing another round of stores ahead of the holidays, with some layoffs set to begin two days before Christmas, Business Insider reported. The latest store closings involve at least six Sears stores and five Kmart stores. Most of the closings are scheduled for November and December. Layoffs at a store in Poughkeepsie, N.Y., that employs 71 people are scheduled to begin Dec. 23. The newest round of store closings comes as the company battles to stay afloat under mounting pressure from looming debt-repayment deadlines. Sears CEO Eddie Lampert and his hedge fund, ESL Investments, recently submitted a proposal designed to give the company more time to revive its business. He wants creditors to restructure about $1.1 billion of debt coming due in the next two years. He has also asked Sears's board to sell $1.5 billion worth of real estate and divest itself of $1.75 billion of assets. Sears has been closing hundreds of stores and selling off assets following years of crippling sales declines. The company had cut its store count to 866 stores as of Sept. 13, down from 1,980 stores in 2013.
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Toys “R” Us Comeback in Works as Bankruptcy Auction Canceled

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There might be a second act for Toys “R” Us, which shut down hundreds of stores over the summer: A group of investors said in a bankruptcy court filing that it's scrapping an auction for Toys “R” Us assets, The Associated Press reported. The investors believe they'll do better by potentially reviving the toy chain, rather than selling it off for parts. The investors said they'll work with potential partners to develop new ideas for stores in the U.S. and other countries "that could bring back these iconic brands in a new and re-imagined way." Toys “R” Us suffocated under a staggering $5 billion debt load before liquidating its U.S. assets this year. A leveraged buyout hobbled the company, and hundreds of stores were shuttered in June to the dismay of children and numerous generations of one-time children. The seeming end of Toys “R” Us rippled through the toy industry and beyond. When the company closed the doors at some 800 stores, more than 30,000 people lost their jobs. Less than a month later, Mattel said it would cut more than 2,200 jobs partly because of lost sales to Toys “R” Us. Economists were caught off guard that month by the slow growth in jobs. In addition to the debt it was saddled with by its private-equity owners, Toys “R” Us found itself in a battle to its seeming death with Amazon.com and other big toy sellers.
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Brookstone Brand Garners a Premium at Auction

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The brand name of specialty retailer Brookstone Inc. will be sold to Bluestar Alliance LLC, the licensing brand firm that has been eager to acquire bankrupt stores’ intellectual property, WSJ Pro Bankruptcy reported. The sale is the result of a lengthy auction that spanned from Wednesday through Sunday, according to court papers filed Sunday. Bluestar, in a joint bid with technology company Apex Digital Inc., walked away the winning bidder. The sale is subject to court approval. Bluestar has been looking to buy the Brookstone brand since late August, shortly after the retailer had received an offer from Authentic Brands Group LLC, a rival brand-licensing firm. Bluestar not only upended Authentic Brands’ bid, it increased its own three times, eventually heading to the auction with a court-approved $56.35 million opening offer, or so-called stalking-horse bid. The retailer — which sells everything from toys and games to sleep and wellness products — said it values the winning firms’ bid at between about $66 million and $74 million, which includes cash and the assumption of liabilities.

Toys ‘R’ Us Lenders Plan Brand Revival

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The same Toys “R” Us Inc. lenders that have been taking heat for their role in the decision to liquidate the company in March are now working on bringing the brand back to life, according to new court documents, Bloomberg News reported. In a bankruptcy court filing yesterday, the funds that now control Toys “R” Us said that they’d canceled a plan to auction off the company’s intellectual property. Instead they are seeking to reorganize the assets into a new company that will maintain the current license agreements and invest in new retail operating businesses. Maintaining the brands under a new independent U.S. business was the best option with respect to the recovery of the Toys “R” Us estate, as well as the benefit of other indirect and direct stakeholders, according to the filing. “The qualified bids were not reasonably likely to yield a superior alternative.” The court authorized the cancellation of the auction.

Bankruptcy Judge Clears Sale of El Torito, Chevys Restaurants

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One of the largest shareholders of the El Torito and Chevys Fresh Mex restaurant chains is preparing to take full ownership after a bankruptcy judge approved its $46.8 million purchase offer last week, WSJ Pro Bankruptcy reported. Bankruptcy Judge Mary Walrath of the U.S. Bankruptcy Court in Wilmington, Del., on Friday cleared investment firm Z Capital Group LLC to buy the restaurants out of bankruptcy protection. RM Holdco LLC, the bankrupt owner of the two chains and several smaller brands, filed for bankruptcy on Aug. 5 amid a search for buyers. The Cypress, Calif., company’s combined brands make it one of country’s largest Mexican casual-dining operators: It has roughly 80 restaurants, mostly in its home state. No other bidders emerged during the bankruptcy case to challenge the offer from Z Capital Group, according to court papers.