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American Apparel on the Brink of Bankruptcy

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Retailer American Apparel is short on cash and faces a hefty bond payment in less than three months — not to mention mounting legal bills from its ouster of former CEO Dov Charney over alleged sexual harassment, the New York Post reported today. American Apparel needs to come up with $15.4 million to make an Oct. 15 debt payment. In April, it had to borrow money from hedge fund backer Standard General to make the twice-a-year bond payment. American Apparel is burning through cash and likely has less than $10 million on hand. The retailer said that it had $21 million at the end of April, but that included the $15 million loan from Standard General to cover the April bond payment.

SkyMall Seeks Time to Secure Creditors' Support for Plan

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The company behind the now-defunct SkyMall in-flight catalog wants a bankruptcy court to protect it from the threat of rival debt-payment plans while its creditors review its proposal, Dow Jones Daily Bankruptcy Review reported today. The former SkyMall is asking the U.S. Bankruptcy Court in Phoenix to extend the time in which it alone may file a chapter 11 plan and solicit its creditors' support for that plan. The court approved the company's disclosure statement last month, paving the way for creditors to cast their votes. Ballots are due July 27, but the company's exclusive solicitation period currently lasts through July 21. As a result, the company is asking the court to extend its exclusive filing and solicitation rights through the hearing at which the court will consider confirming the plan. The confirmation hearing is currently scheduled for Aug. 5.

A&P Could Be Headed for Chapter 11

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The corporate parent of the A&P, Pathmark, Waldbaum’s and Food Emporium grocery chains — the country’s biggest company 50 years ago — is set to file for chapter 11 as soon as this week, the New York Post reported today. The Great Atlantic & Pacific Tea Co.’s filing is expected to come in the form of a pre-packaged bankruptcy, which could divvy up the company’s best locations. A&P has already hired Evercore Partners, an investment bank that specializes in selling assets. After years of brutal competition with Walmart, A&P was further hobbled by its 2007 acquisition of Pathmark, a deal engineered by billionaire Ron Burkle, which left A&P saddled with debt.

Former RadioShack Asks Judge to Toss Gift-Card Suit

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Lawyers for the former RadioShack Corp. have asked a bankruptcy judge to throw out a lawsuit brought by the Texas attorney general over the retailer's unredeemed gift cards, Dow Jones Daily Bankruptcy Review reported today. In court papers filed on Monday, the former RadioShack said that the rights of its gift-card holders are fully protected under a liquidation plan it hopes to present for court approval in August. Under that plan, gift-card holders may file special claims for their unused cards. However, their requests for repayment are subject to a deadline, and bankruptcy laws cap their claims at $2,775 each.

Family Christian Stores Sets August Vote on Bankruptcy Sale

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With an eye towards the Christmas shopping season, lawyers for Family Christian Stores and its creditors approved a plan that could put the nation's largest chain of Christian book and gift stores under new ownership by mid-August, MLive.com reported on Friday. Family Christian's creditors will decide by Aug. 7 whether to approve a transfer to new owners who have pledged to continue operations, according to a plan approved on Friday by Bankruptcy Judge John Gregg. Brad Baldwin, a lawyer for Family Christian, said that they need to emerge from chapter 11 protection by mid-August so the company can prepare their Christmas catalogs and order holiday inventory for the chain's 266 stores in 36 states.

Convenience Store Operator Gas-Mart USA Files for Bankruptcy

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Gas-Mart USA Inc., owner and operator of convenience stores located at Phillips 66/Conoco gas stations, has filed for chapter 11 protection, the Kansas City (Mo.) Star reported today. The petition, listing unsecured debts of nearly $14 million, was filed in affiliated cases in U.S. Bankruptcy Court in the Western District of Missouri for Gas-Mart, as well as for Aving-Rice LLC, a company based in Illinois, for Fran Transport & Oil Co. of Missouri, and for G&G Enterprises LLC of Missouri. The largest single unsecured creditor listed in the filings is GSA Trust of Littleton, Co., owed $3.8 million. The second-largest unsecured debt is to Phillips 66 Fuel for $2.7 million. The petition certifies assets of between $10 million and $50 million and estimates that funds will be available for distribution to unsecured creditors.

Anna's Linens Folding Up After Filing for Bankruptcy

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Anna's Linens, a California-based home decor retailer, is liquidating its inventory and closing its stores after filing for chapter 11 protection earlier this month, the Chicago Tribune reported today. The chain began notifying customers that it was selling off its assets last week through email and signs posted in store windows, while the company's website is closed for business. Northbrook-based Hilco Merchant Resources and Gordon Brothers Group announced yesterday they are managing the liquidation sale, which will include everything from merchandise to store fixtures. Anna's Linens currently operates 252 retail locations in 19 states. It filed for chapter 11 protection on June 14 with the U.S. Bankruptcy Court for the Central District of California. Founded in 1987 by Alan Gladstone, the retailer generates more than $300 million in annual revenue, according to bankruptcy documents. The chain, named after Gladstone's mother, has more than 2,500 employees.

Kidswear Retailer Ezrani to Liquidate Assets in Bankruptcy

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Children’s wear retailer Ezrani 2 Corp., doing business as RUUM American Kid’s Wear, filed for bankruptcy protection seeking to liquidate its assets, Bloomberg News reported yesterday. The New York-based retailer listed assets of $109,878 and debt of $65.7 million in chapter 7 documents filed yesterday in bankruptcy court. Ezrani 2, founded by former Children’s Place Chief Executive Officer Ezra Dabah, in 2012 bought 77Kids, the younger label of American Eagle Outfitters, and changed its name to RUUM American Kid’s Wear. American Eagle recorded a $35 million loss as a result of the sale. RUUM offers clothes and accessories for boys and girls from 2 to 14 years old. In 2014, the retailer had 25 stores in 11 states and offered online shopping. The case is In re Ezrani 2 Corp., 15-11318, U.S. Bankruptcy Court, District of Delaware (Wilmington).

Texas Seeks Priority Status in Bankruptcy for Unredeemed RadioShack Gift Cards

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Texas Attorney General Ken Paxton in a court filing yesterday asked a bankruptcy judge to provide holders of an estimated $43 million in gift cards priority status to collect and asked that the state be granted permission to file a claim on behalf of its citizens for any amount not redeemed, the Fort Worth (Texas) Star-Telegram reported today. According to the filing, the RadioShack gift cards did not list an expiration date and the company continued to tell customers after filing for bankruptcy that they do not expire. But in court proceedings, an expiration date of March 31 was established for redemption. The state contends that RadioShack made no effort to provide cardholders with information on how to file a claim in bankruptcy court for any unredeemed amount. Now, the company should not be allowed to distribute the consumer funds to other creditors, the state contends.

A&P Said to Consider Second Bankruptcy Filing in Five Years

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Great Atlantic & Pacific Tea Co. is considering a bankruptcy filing among possible options as the 156-year-old grocer works to cut costs, Bloomberg News reported yesterday. A filing, which would be the chain’s second in five years, could come as soon as next month. Bids for A&P were due last month as part of an auction for the company, but no viable offers for the entire chain were received, meaning that the stores could be sold piecemeal, marking the end of what was once the largest U.S. grocer. The company said in March that it was reviewing strategic alternatives for the business, and that process continues, according to Hugh Burns, a spokesman for Montvale, New Jersey-based A&P at Sard Verbinnen & Co.