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Analysis: Sears Has a Bigger Problem than Plunging Sales

Submitted by ckanon@abi.org on
Sears has a bigger problem than plunging sales: dwindling inventory, according to a Business Insider analysis yesterday. The companies that supply Sears with the TVs, toys and clothing in its stores are increasingly concerned about the retailer's ability to pay its bills, and some are cutting back on shipments to stores as a result. That means Sears and Kmart stores are receiving less merchandise to sell, which is a grave problem for a company trying to avoid bankruptcy by reversing years of sales declines. Sears said this week that One World Technologies, one of its top tool suppliers, threatened to cancel its contract with Sears unless the retailer agreed to reduce its orders. Last week, Sears CEO Eddie Lampert said that several vendors had been treating Sears like a "pariah" and questioning its ability to pay for orders "because there are a lot of articles that are speculating, and there are elements of truth, but they're certainly designed to scare people." Suppliers have been worried about Sears' financial health for a while, but their concerns accelerated in the last half of 2016. The problem has been underreported because few suppliers are willing to discuss the matter openly for fear of triggering a Sears bankruptcy or disrupting their relationship with the company. But the issue is readily apparent in stores, where empty shelves and barren wall displays showcase the effect of the company's declining inventory.
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Fashion Retailer Rue21 Files for Chapter 11 Protection

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U.S. teen fashion retailer Rue21 Inc. has filed for chapter 11 protection in the Western District of Pennsylvania bankruptcy court, Reuters reported today. The retail chain, which sells budget-priced clothing and accessories at over 1,100 stores across the U.S., listed assets and liabilities in the range of $1 billion and $10 billion. Rue21 has entered into a restructuring support agreement with certain stakeholders and expects to continue normal operations throughout the chapter 11 process. It has also reached agreements to obtain up to $125 million in debtor-in-possession (DIP) financing from existing lenders, and up to $50 million in new money term loan DIP financing from a group of its existing term loan lenders. Rue21 said the new financing "will support day-to-day operations during the reorganization,” adding that they may evaluate additional store closures, apart from the planned 400 store closures it began last month. Rue21 is the latest in a long line of retailers filing for bankruptcy as shoppers shift their spending online. 
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Grocery Chain Marsh Files for Chapter 11, Seeks Buyer

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Struggling grocery store chain Marsh announced that it has filed for chapter 11 bankruptcy, the IndyStar reported yesterday. According to a company press release, the filing is a step the company is taking to allow business to continue as usual in its 44 remaining stores. However, the 86-year-old chain's remaining stores still face closure in two months if company officials can't find a buyer. The company has retained Peter J. Solomon Co. as the investment bank to market its assets. In its bankruptcy filing, Marsh says its property needs immediate action because "it includes perishable goods or assets that could quickly deteriorate or lose value without attention," including meat, dairy and produce. The company estimated it has up to 49 creditors, estimated assets of up to $50,000 — the smallest amount that could be checked on the bankruptcy filing — and liabilities of $50 million to $100 million.
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Sears CEO Blames Company's Woes on ‘Irresponsible' Media

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Sears Holdings Corp. CEO Edward Lampert blasted the media for "unfairly singling out" the company over the past decade and blamed "irresponsible" coverage for the retailer's woes, Reuters reported yesterday. Sears, once the largest U.S. retailer, warned investors in March there was a chance it may not be able to continue as a going concern after years of losses and declining sales. About two dozen mid-size retailers have filed for chapter 11 in the past two years amid fierce online competition and rapidly changing consumer tastes, while large department stores like Macy's Inc. and JC Penney Co. Inc. have announced store closures for this year. Lampert kicked off his appearance at an annual shareholders' meeting at Sears' headquarters in Hoffman Estates, Ill., with a slideshow of headlines about the company's financial distress, dating back to 2008. The company has not reported a profit for six years, which Lampert compared to Amazon.com Inc.’s early unprofitable growth. He predicted people will look back and wonder how they missed the Sears' turnaround, which he said would be driven by the Shop Your Way rewards program. Lampert said that there were "behind-the-scenes" counterparties trying to take advantage of the company's situation and that he was trying to adapt and preserve as many jobs as possible. Shares in Sears closed 6.8 percent higher on Wednesday at $11.24. The bulk of Lampert's 90-minute appearance focused on news coverage, which he said had been "deliberately unfair."
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Analysis: Retail Funk: Stores Facing Biggest Challenges Since Recession

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NEWS AND ANALYSIS

Analysis: Retail Funk: Stores Facing Biggest Challenges Since Recession

It’s starting to look a lot like the Great Recession redux for retailers, according to an analysis by the Associated Press Tuesday. More than twice as many stores have closed this year than at the same point last year. Bankruptcies are far outpacing last year’s rate. Retailers slashed jobs at the sharpest pace in seven years this spring. And retailers collectively could report the biggest drop in first-quarter profits since 2009. This time, the culprit’s not the economy but shoppers whose habits have changed profoundly and permanently, as they shop online more and look for deals. The results this week from department stores like Macy’s, Kohl’s and J.C. Penney are expected to illustrate the latest damage by the spending shift and the dominance of Amazon. “The first-quarter reports will show how difficult the mountain retailers will have to climb [is],” said Ken Perkins, president of research firm Retail Metrics LLC. Perkins estimates that the 114 retailers he tracks will see an average drop of more than 5 percent in first-quarter earnings, marking the second straight quarter of declines and third in the last six quarters. But he thinks there’s even a chance they could surpass a 7.1 percent drop in the fourth quarter of 2013 that would make it the worst quarter since 2009. Moreover, 22 percent are expected to post losses, the highest percentage since the second quarter of 2009. And he forecasts that nearly half of the retailers will see total sales revenue fall, nearing the level of the last downturn.
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Analysis: Profits from Store-Branded Credit Cards Hide Depth of Retailers' Troubles

Department stores and big-name retailers are increasingly making the hard sell to sign up customers for credit cards at the register. The store cards promise deep discounts on clothing, furniture and electronics, and are tough for shoppers to resist. For some retailers, those credit cards are not just a sales tool, but also an essential way to bolster their struggling businesses — a trend that has worrisome implications for the industry and its customers, according to an analysis in the New York Times DealBook today. The store cards, with steep interest rates that are often twice that of the average credit card, generate a rich profit stream for retailers at a time when many of America’s traditional retailers are losing the battle for sales against Amazon and other e-commerce rivals. Those profits on plastic are helping obscure the true extent of the industry’s pain, a major pressure point for a piece of the economy that employs one in 10 Americans. Weak consumer spending, digital competition and changing shopping habits have already roiled retailers. In recent months, the industry has shed tens of thousands of workers, making it one of the job market’s weakest links. But the businesses may be in worse shape than they appear, since store cards are a shaky foundation. If more consumers fall behind on their payments, the profits could dry up, intensifying retailers’ troubles.
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Trump Administration, Senators Put Fannie, Freddie Overhaul Back in Play

The Trump administration and a bipartisan group of U.S. senators are working to address an issue that has gone unresolved for nearly a decade: how to overhaul Fannie Mae and Freddie Mac, the mortgage-finance giants the government took over in 2008, the Wall Street Journal reported today. The Senate Banking Committee has begun behind-the-scenes work on the issue of how, exactly, to revamp the companies. The senators want to develop a framework to decrease the government’s outsize role backstopping the nation’s $10 trillion mortgage market. It remains unclear whether policymakers can overcome philosophical differences and hammer out a final deal. Conservative Republicans have called for a private market with no new federal guarantees. Some centrist Republicans and many Democrats have said a federal role is needed to preserve liquid markets for the popular 30-year fixed-rate mortgage that drives home buying. Nevertheless, Senate Democrats say that a Fannie and Freddie overhaul would garner much more bipartisan support than other GOP priorities, such as rollbacks to Dodd-Frank law financial regulations.
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Credit Unions Ask CFPB to Limit Business Loan Rules

As the CFPB contemplates regulations governing small business lending, credit unions are asking the agency to ensure that any rules do not conflict with NCUA requirements and do not require data collection that could be misleading, the Credit Union Times reported today. The CFPB held a field hearing on small business lending in Los Angeles Wednesday, and agency officials said that they are soliciting advice on how to collect data on it — a requirement under the Dodd-Frank Act. “Given the importance of small businesses to our economy and their critical need to access financing if they are to prosper and grow, it is vitally important to fill in the blanks on how small businesses are able to engage with the credit markets,” CFPB Director Richard Cordray said. NAFCU is asking the agency to exempt credit unions from any new rules that require disclosure of business loan information. “Credit unions are bound by defined fields of membership, which means that MBL activity could be limited by geographic restrictions, employer groups, or other charter-specific language that defines who the credit union may serve,” said Andrew Morris, NAFCU’s regulatory affairs counsel. As a result, Morris said, any information collection that mixes credit union business lending data with the data gathered from banks could be misleading and unhelpful. Morris said if the agency is unwilling to exempt credit unions, then data collection should be coordinated with the NCUA and the Treasury Department to ensure the data is not misleading.
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Op-Ed: WTO Review Is Perfect Opportunity to Tackle Currency Manipulation

President Trump recently announced that he has tasked Commerce Secretary Wilbur Ross with undertaking a broad-based review of the U.S.'s membership in the World Trade Organization, according to an op-ed in The Hill today. Such a review is long overdue, but it should be expanded to include the U.S.'s membership in the International Monetary Fund (IMF) and a review of the U.S. law that identifies and sanctions currency manipulation by our trading partners, according to the op-ed. The WTO is woefully slow in addressing concerns about unfair trade practices. The U.S. should create a special WTO trade assistance counsel within the office of the U.S. Trade Representative for U.S. companies and industries to file complaints assisted by attorneys, free of charge, against foreign competitors they allege to be cheating. In the meantime, the U.S. should offer loans, credit and unemployment benefits to support the continuation of the business by the complainant company or industry until such time as the case is resolved. But Secretary Ross’s review of the WTO should go further, according to the op-ed. The U.S. should insist that the IMF adopt WTO-style sanctions on foreign currency manipulators or that the WTO expand the definition of an export subsidy to include currency manipulations. Secretary Ross will need to take a bit more on his plate if he hopes to return the U.S. to a policy of fair trade among its trading partners, according to the op-ed.
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Commentary: Economists Say President Trump's Agenda Would Boost Growth — a Little

One of the most-watched economic forecasts in Washington will come later this month when the White House releases its budget, according to a commentary in the Wall Street Journal today. Here is what it would look like if it were done by economists recently surveyed by the Journal. Over the course of the next decade, the estimated cost of many items on President Donald Trump’s wish list will depend critically on his own team’s projections for economic growth, unemployment and interest rates. Per longstanding custom, however, the White House budget differs from most economic forecasts in one crucial way: Most forecasters estimate the path for the economy they believe is most likely, taking into account that many political promises will never come to fruition. To establish a baseline of what a reasonable forecast might look like under Trump, respondents to the monthly survey of forecasters provided their own estimates of the economy if all of Trump’s initiatives were enacted. White House officials have reportedly considered penciling in growth rates as high as 3.2% a year. But the survey respondents — a mix of academic, financial and business economists who regularly produce professional forecasts — say numbers so high will be hard to attain, because the policies under consideration just might not pack that kind of punch. Key Trump initiatives, which face a challenging road through Congress, include overhauling the health care system, simplifying the corporate tax code, cutting income taxes, rewriting regulation and investing in the nation’s infrastructure.
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ABI Podcast: A Practical Guide to Bankruptcy Valuation Authors Discuss Key Updates in Their New Second Edition

In ABI's latest podcast, ABI Resident Scholar Andrew Dawson talks with Israel Shaked of the Michel-Shaked Group in Boston and Robert F. Reilly of Willamette Management Associates, Inc. in Chicago about the ways in which they have expanded on valuation in the bankruptcy context in the latest edition of their comprehensive guide A Practical Guide to Bankruptcy Valuation, Second Edition — and why the art of valuation is more important than ever in insolvency practice. Click here to listen to the podcast.

To purchase A Practical Guide to Bankruptcy Valuation, Second Edition, please click here.

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New on ABI’s Bankruptcy Blog Exchange: Bankers Raise Fears on New CFPB Small Business Data-Collecting Effort

The U.S. Chamber of Commerce and U.S. Bank have urged the Consumer Financial Protection Bureau to narrow its approach to collecting data on small-business lending, fearing it could add costs and compliance burdens, according to a recent blog post.

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Why Don't More Food Companies Declare Bankruptcy?

Submitted by ckanon@abi.org on
In the first three months of 2017 alone, nine retailers have filed for Chapter 11 bankruptcy protection, and if this trend continues, bankrupt retailers will hit the highest annual total since the Great Recession, FoodDive.com reported yesterday. The number of retailers on Moody's distressed list is also headed toward a record. Despite the poor financial performance in other industries, food manufacturers aren’t as prone to bankruptcies. There are a few exceptions to the rule — Hostess had two chapter 11 bankruptcies and a chapter 7 bankruptcy, and Atkins Nutritionals and Pure Foods have both been through it. But for the most part, while food companies get in financial trouble, they seldom file for bankruptcy. While there is volatility in food prices and fluctuations in supply that impact margins, thanks to an active futures market for commodity crops, there are opportunities to minimize the negatives. The food and beverage industry can also absorb unprofitability in certain segments of their companies because commodity pricing changes don’t affect them too greatly. Many food companies are diversified, offering a variety of products. A portfolio of brands can help a company in financial distress because it provides the ability to raise cash through an asset sale. Food companies go into bankruptcy but are often able to work out company sales through a state law contract process and avoid the more formal bankruptcy proceedings. Senior creditors — usually lenders who hold some of a company's collateral — also play a role. However, an almost-century-old law makes it more difficult for food companies to file for bankruptcy.
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The Long, Hard, Unprecedented Fall of Sears

Submitted by ckanon@abi.org on
In 1989, Sears Roebuck & Co. ruled America as its biggest retailer, and the fall from that height may finally be nearing an end, Bloomberg reported today. Over the course of almost three decades, the company experienced what industry observers described as one of the most monumental collapses in business history. Despite its union with Kmart and a stated belief that it can still turn things around, Sears is teetering on the edge of disaster. The combined decline of Sears and Kmart, in terms of sales, is unprecedented, said Greg Portell, an analyst with A.T. Kearney. The seeds were planted by poor decision-making in the 1980s. No senior executive over the next 28 years was able to put stops in place to prevent the slide. “The management mistake that Sears made, in retrospect, was that they never got to a spot where they could stop the freefall,” said Portell. It has been a slow, painful fall for these once-dominant brands. Sears, in particular, was synonymous with suburban American consumerism. It dominated retail and changed the way people shopped through its revolutionary catalog business — the Amazon.com of its era. Kmart accomplished a lot as well, rising to a spot right behind Sears by peppering the nation with its Super Center big box shops and luring droves of shoppers with the promise of deep discounts, including of course the Blue Light Special. Sears and Kmart have watched their customer bases shrink amid a never-ending string of store closures. Sears and Kmart each chose to trudge along, with little change in strategy.
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Retailer Bebe Avoids Bankruptcy with Landlord Deals

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Fashion chain Bebe Stores Inc. has clinched deals with its landlords to close its approximately 180 stores, enabling it to avoid filing for bankruptcy, and it said it plans to continue to sell merchandise online, Reuters reported yesterday. Bebe has almost no debt and a significant amount of cash, so the development was rare as many of its peers filed for bankruptcy and closed their doors this year amid intense competition from online retailers and fast-changing consumer tastes. Bebe risked having to file for bankruptcy if its landlords did not accept the deals. However, Bebe was able to offer mall owners, including Simon Property Group Inc. and General Growth Properties Inc., better deals than what they would have received in a bankruptcy protection filing. In April, Bebe said that it expected to record a charge of about $20 million related to the store closings, and that liquidators were holding store closing sales in the shops.
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Joe’s Crab Shack Owner Said to Prepare Bankruptcy Filing

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The operator of the Joe’s Crab Shack and Brick House Tavern restaurant chains said that it is preparing to file for bankruptcy, Bloomberg reported yesterday. Ignite Restaurant Group Inc. could file as soon as next week. In early April, the company announced it was pursuing options including a possible sale with financial advisor Piper Jaffray Cos. Both strategic and private equity buyers are considering purchasing the company out of bankruptcy. The dining sector has been facing drops in customer traffic, and Ignite reported declining sales in the most recent quarter, with comparable-restaurant revenue falling by 6.8 percent. The company’s debt totals about $121 million, including $112 million on a term loan set to mature in 2019, according to data compiled by Bloomberg. Joe’s Crab Shack was founded in 1991 as a national chain of seafood restaurants. As of January, Houston-based Ignite operated 112 Crab Shacks and 25 Brick House Taverns. It sold its 150-location Romano’s Macaroni Grill chain to Redrock Partners LLC in 2015.
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Central Grocers Files for Bankruptcy, Will Lay Off 550 at Illinois Warehouse

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After almost 100 years of doing business, Joliet, Ill.-based Central Grocers filed for chapter 11 yesterday and will lay off about 550 employees at the company's Joliet warehouse, the Chicago Tribune reported yesterday. Central Grocers is a grocery cooperative that has long operated as wholesaler for more than 400 independent grocery stores in the Chicago area — including chains like Treasure Island, Pete's Fresh Market, Angelo Caputo's Fresh Market and Sunset Foods — distributing private-label Centrella products as well as produce, meat and dairy. It's also the parent company of Strack & Van Til and Ultra Foods stores in Illinois and Indiana, which are included in the bankruptcy filing. The layoffs are expected to occur between June 26 and July 10 as the cooperative's business gradually shuts down, according to a mass layoff notice sent to employees. Last month, Central Grocers announced plans to sell 22 Strack & Van Til stores while closing nine "underperforming" Ultra stores. About 750 workers at seven of those Ultra stores will be laid off by June 17, according the state's April 30 report on layoff notices. Yesterday, the company said that it expects to enter into a sales agreement for 19 of the Strack & Van Til stores soon with a "stalking-horse bidder" and intends to auction the nearly 1 million-square-foot Joliet warehouse and headquarters, as well as other assets.
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