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Sports Authority Top-Executive Bonuses Draw Fire in Bankruptcy

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Sports Authority's creditors and the Justice Department have challenged the fading retailer's plans to pay top executives as much as $2.85 million in bankruptcy bonuses, Dow Jones Business News reported yesterday. As the liquidation entered its final weeks, Sports Authority unveiled plans for bonuses to four top executives — people that the company doesn't want to name. U.S. Trustee Andrew Vara and lawyers for the official committee of unsecured creditors protested the bonuses and the secrecy surrounding the rewards to top executives. The company contends that bonus money is needed to encourage the executives to do their best in the company's final days, confidentiality is appropriate to protect morale, and prevent competitors from using the pay data to lure Sports Authority's leaders away. Unsecured creditors called Sports Authority's argument about the need to protect morale "ridiculous." In Sports Authority's case, the federal bankruptcy watchdog and the company's own creditors are taking a stand against the confidential treatment of top executive bonuses. Vara cited the presumption of public access to judicial records in arguing that Sports Authority be denied confidential treatment. Creditors earlier moved to have Sports Authority's case converted from a chapter 11 proceeding to a chapter 7 proceeding, and that motion is set for hearing on Aug. 2.
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Liquidator’s Deadline for Mile High Stadium Naming Rights Passes without a Lead Bidder

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The Monday deadline for bids on the Mile High stadium naming rights set by Sports Authority’s national liquidator Hilco Streambank came and went without a lead bidder — although one likely will be identified by the end of the week, The Denver Post reported today. Hilco Streambank executive vice president Jack Hazan said several interested parties have approached his firm, though he declined provide details or discuss how the company has been marketing the naming rights. The liquidator last week extended the bid deadline to July 25, saying that, until recently, it had been too busy selling the retailer’s intellectual property and liquidating stores to focus on selling the naming rights. Englewood, Colo.-based Sports Authority declared bankruptcy in March, which put a large question mark over how much longer the retailer’s name would remain on Mile High, the Denver Broncos home field. Sports Authority is due to make a $3.6 million payment Aug. 1. Missing the deadline starts a 30-day grace period after which the naming rights return to the Metropolitan Football Stadium District and Denver Broncos. Hazan said that potential buyers would receive better financial terms from the liquidator, than if they deal directly with the district. Hilco Streambank has priced the deal at $3 million a year for the remaining five seasons left on Sports Authority’s contract.

Aeropostale’s Sycamore Rift Goes to Trial as Vote Proceeds

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A judge said that teen clothing chain Aeropostale Inc. can ask creditors to vote on its reorganization plan while also gearing up for a trial over whether a key creditor drove the company into bankruptcy to snap it up on the cheap, Bloomberg reported yesterday. Bankruptcy Judge Sean Lane said that he’s “inclined to approve” the company’s disclosure statement so creditors can vote on whether to approve it. After criticizing the plan’s lack of information about how much some creditors, such as mall landlords, stand to recover, the judge said the timeline should be changed so they can find out the results of an Aug. 22 asset auction before voting. “It’s not perfect,” Judge Lane said. But he called the plan the best the company could do given the deadlines imposed by lenders and Aeropostale’s failure so far to announce a lead bidder for its assets. He asked that the New York-based company file a “supplement” to the plan to let creditors known when they can expect to find out how the auction is going. The retailer has asked Judge Lane to disqualify New York-based private-equity firm Sycamore Partners from using its $150 million debt to bid at the auction. A trial on Aeropostale’s complaint is set for Aug. 15. The case is In re Aeropostale Inc., 16-11275, U.S. Bankruptcy Court, Southern District of New York (Manhattan).
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Aeropostale Accuses Sycamore Partners of 'Loan-to-Own' Scheme

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Bankrupt U.S. teen retailer Aeropostale filed a motion against its lender, private-equity firm Sycamore Partners, in bankruptcy court, accusing it of plotting a "loan-to-own” scheme to push the chain into bankruptcy, Reuters reported on Saturday. Aeropostale asked a bankruptcy court judge to bar Sycamore from using the $150 million it is owed as credit to bid on the company, which is up for sale in a court-supervised auction. Aeropostale also wants the judge to reduce how much Sycamore would be repaid on its loan. The company continues to believe that Sycamore “engaged in significant bad acts.” Aeropostale says that Sycamore, through its apparel sourcing company, MGF Sourcing, imposed "onerous" payment terms on the retailer in attempt to hurt its cash position, causing defaults under other credit agreements leading to bankruptcy. Aeropostale had to make merchandise purchases through MGF as a condition of the loan Sycamore affiliates made to the retailer. The retailer also claims that Sycamore traded public Aeropostale shares while it had nonpublic information on the company. There will be a hearing on Aeropostale’s claims against Sycamore in August. Aeropostale’s claims against Sycamore wrap up weeks of an investigation by the company into the private-equity firm.
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Hastings Going Out of Business

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The final chapter of another retail chain began with the announcement that Texas-based entertainment and media retailer Hastings Entertainment Inc. will close all of its locations by Oct. 31, the Mohave Valley (Ariz.) Daily News reported yesterday. Hilco Merchant Resources and Gordon Brothers Group, financial consultation and management companies, were the successful bidders at a bankruptcy auction that took place on July 20. The joint venture partners announced Friday they would begin going-out-of-business sales at all Hastings retail locations on Saturday. Hastings Entertainment, along with its corporate parent, Draw Another Circle, and sister brands Movie Stop and SPImages, filed for chapter 11 protection five weeks ago to help prepare the business for an intended sale. Hastings stores will no longer accept refunds, gift cards, credits on accounts or exchanges. Gift card holders must register with Rust|Omni Bankruptcy Consulting to assert a claim for the unredeemed balance of a gift card. Nationally, Hastings operates more than 120 superstores in addition to concept stores in Colorado and New Mexico. The company was founded in 1968 as a multimedia retailer combining the sale of new and used books, videos and trend merchandise, along with the rental of videos and video games.
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Unsecured Creditors Seek Quick End to Sports Authority Bankruptcy

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Unsecured creditors of the bankrupt retailer Sports Authority are seeking to convert the case to a quick liquidation, saying that the company should not waste its dwindling funds preparing a plan to end its chapter 11, Reuters reported on Friday. The case has been mired in a protracted fight between lenders and suppliers over the use of the company's cash, and the chain ended up running going-out-of-business sales. The largest U.S. sporting goods retailer, Dick's Sporting Goods Inc., acquired the Sports Authority name and other intellectual property at a June auction. The unsecured creditors argued that the company is "administratively insolvent.” To allow Sports Authority to remain in chapter 11 and spend money preparing the required bankruptcy exit plan would make creditors worse off, according the unsecured creditors. In the filing, the creditors also said that Sports Authority is unfairly prioritizing some administrative costs of the case over others. The creditors said $23 million has been set aside for lawyers and advisers and $2.85 million for bonuses for executives, yet landlords and suppliers are still waiting for their administrative payments.
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Aeropostale to Challenge Sycamore's Status as Creditor

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U.S. teen retailer Aeropostale Inc. plans to challenge in court private equity firm Sycamore Partners' claims as a creditor in its bankruptcy, Reuters reported yesterday. The fight between Aeropostale and Sycamore stands out from other bankruptcy cases of U.S. teen retailers, because very few of them triggered litigation. It could also complicate any effort by Sycamore to take over the retailer. The lawsuit, expected to be filed today, would follow an investigation by Aeropostale over the past several weeks into whether Sycamore drove the company into bankruptcy, in part by making the terms of its debt investment in the company in 2014 deliberately onerous. Sycamore affiliates loaned Aeropostale $150 million in 2014, and, as part of the deal, required that the chain make merchandise purchases from one of Sycamore's companies, MGF Sourcing. Aeropostale has said that MGF imposed new, burdensome terms on the retailer that precipitated its bankruptcy.

Sports Authority Accelerates Store Closings Amid Bankruptcy

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Sports Authority is scrambling to close the doors on most or all of its stores by the end of the month, according to multiple store employees and managers, an abrupt move that comes amid a fight over cash between lenders and suppliers, the Wall Street Journal reported today. Managers have been instructed on procedures for wiping the computers, locking up and walking away, as the dying athletic gear seller prepares for the final stage of its bankruptcy. A lawyer and officials of the Englewood, Colo., company didn’t respond to requests to discuss the accelerated shutdown plan, including questions about whether any stores would survive into August. In a May 25 letter to customers, Chief Executive Michael Foss said that the stores would be closed by the end of August. The end could be nearer than that for most Sports Authority stores, said store managers who were summoned to a conference call last week. Sports Authority and the nearly 14,000 jobs it once supported is essentially done at the end of July, they were told.

Aeropostale Seeks to Auction Assets in Bankruptcy Wind-Down

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Teen clothing chain Aeropostale Inc. is preparing to sell all its assets and may bring claims against the private equity firm that it said drove it into bankruptcy, Bloomberg News reported yesterday. The New York-based company said in court papers on July 15 that “reorganization on a standalone basis is not feasible.” Instead, it will look for a “stalking horse” to make the lead bid at an auction next month and will pass the proceeds of any sale to creditors. The retailer also said it’s still reviewing 11,000 pages of documents and depositions of key individuals that senior lender Sycamore Partners produced during a bankruptcy probe and is evaluating whether to pursue claims against the private equity firm and affiliates. Aeropostale entered bankruptcy in May, saying that Sycamore used a supplier it controlled to trigger the filing. The retailer also says that the private equity firm controls its biggest secured lender, Aero Investors LLC, an agent to a $150 million term loan. 

Sports Authority Cuts Deal with Lenders to Avert Shutdown

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To keep its nationwide bankruptcy liquidation from crashing to a halt, Sports Authority Holdings Inc. has cut a deal with senior lenders that portends bad news ahead for landlords and suppliers to the failed sports retailer, the Wall Street Journal reported today. Going-out-of-business sales are still in full swing at many stores, as liquidators sell off the last bicycles, skateboards and rest of the gear and apparel still on the shelves. Sports Authority auctioned off its intellectual property, which is going to high-bidder Dick’s Sporting Goods, for $15 million, and some leases. But in a court filing on Tuesday, Sports Authority admitted what creditors’ lawyers predicted early in the case — banks are claiming all the money rung up in the company’s last days. Without a deal, lenders will be poised on Friday to shut off the funds to Sports Authority, forcing an abrupt shutdown, court papers say. “So as to prevent these chapter 11 cases from coming to a grinding halt,” Sports Authority agreed to compromise legal disputes with the lenders, a group that is led by Wilmington Savings Fund Society. In a separate motion, Sports Authority revealed lenders have agreed to fund up to $2.85 million in bonuses to senior executives of the dying company. Under the proposal, four top executives are in line for up to $1.5 million in bonuses. Sports Authority won’t identify those getting bonuses at the end of a bankruptcy that cost 14,000 people their jobs. By Friday, Sports Authority will have paid off its top layer of debt from liquidation proceeds. Lenders claim to be owed an additional $240 million, a figure that includes loss of value in their collateral during the bankruptcy.