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Amazon Prime Video Docuseries “LuLaRich” Investigates LuLaRoe and Allegations It Was a Pyramid Scheme

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For stay-at-home moms, LuLaRoe offered the best cake-and-eat-it-too scenario: Make “full-time income for part-time work” selling the company’s colorful patterned clothing while still having time for your children and husband, Texas News Today reported. Sold as empowerment and a fun way to build community, they paid the $5,000 to $10,000 buy-in for its skirts, leggings, dresses and tops. To afford this, some borrowed from family members and credit cards, took out loans and even sold breast milk. Instead, except for those at the top, many women drowned in debt and over 100 former retailers have filed for bankruptcy. And even for those that pulled in staggering sums, marriages were shattered, the work was all-consuming, and one wondered whether she had joined a cult, according to a new docuseries. The new series investigates the allegations that LuLaRoe was a billion-dollar pyramid scheme that mostly benefited the Mormon couple, DeAnne and Mark Stidham, who founded the company and their family, pressured women to get a weight-loss surgery in Tijuana, and sold shoddy product. It charts its meteoric rise from 2013 to raking in $2.3 billion in 2017 to then facing and settling several lawsuits. ‘Since 2016, over 50 lawsuits have been filed against LuLaRoe,’ according to the docuseries.
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More JC Penney Stores Close Amid Pandemic Retail Pinch

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Department store retailer JC Penney is closing more stores, adding to a laundry list of closures that it has made as a result of the pandemic, International Business Times reported. JC Penney, which was one of the first retailers to file for chapter 11 bankruptcy protection during the coronavirus pandemic, will close stores in Greenwood, Miss., and Baytown, Texas, USA Today reported. Both stores are holding liquidation sales. The Greenwood store, which is located in the Greenwood Mall, is slated to close on Oct. 24, while the Baytown location, situated in the San Jacinto Mall, is scheduled to close its doors on Dec. 5. At the time that JC Penney filed for bankruptcy in May 2020, it said that it planned to close 242 of its 846 stores as it looked to shed debt. Since that time, the retailer has closed over 150 stores. Prior to filing for bankruptcy, JC Penney underwent a transformation plan to overhaul its business as it looked to attract new customers. But slow retail sales compounded by the pandemic, which forced the retailer to close for months due to the shutdown of nonessential businesses, pushed JCP into bankruptcy. However, JC Penney emerged from bankruptcy in December 2020 after being picked up by mall owners Simon Property Group and Brookfield Asset Management Group. JC Penney told USA Today that the Mississippi and Texas store closures are unrelated to its “store optimization” plan that it announced at the time of its bankruptcy.
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Kmart Closing All but 16 Locations, Sears Closing All but 19

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Another iconic superstore has announced that it will be closing all but 16 of its remaining locations in the coming months, bestlifeonline.com reported. Two years after being purchased out of bankruptcy along with Sears, Kmart continues to shrink its once-large footprint by closing down even more locations. The company is keeping up with a list of sweeping closures that were announced in late 2019, leaving only 16 locations of the superstore remaining following liquidation sales set to take place through November, USA Today reported. The shuttering of even more Kmart locations comes as parent company Transformco continues its plan to salvage the two retail giants. As part of the process, the company will also be closing all but 19 of the remaining Sears department stores after a similar round of liquidation. The decline shows a significant change from the start of 2010, when Sears had more than 3,900 stores. Nearly a decade later, the number had shrunk to 489 by the beginning of 2019. Numbers dwindled even further by the end of January 2021, when there were just 36 Sears department stores left in operation. During the same time period, Kmart had dropped from 360 in 2019 to 30 in 2021, according to Forbes

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Lorna Jane USA Inc. Files for Chapter 11 Bankruptcy Protection

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Lorna Jane USA Inc., the U.S. retail arm of Australian women’s activewear retail brand Lorna Jane, filed for chapter 11 protection in California, seeking to restructure by rejecting the leases for its retail boutiques to adapt to the shift in online purchasing, Fibre2Fashion reported. The debtor previously operated 21 retail stores, all of which were closed pre-petition. The Garden City, Calif.-based company believes that pandemic-driven changes in consumer shopping habits that spurred the store closures “will endure even after the pandemic subsides, continuing to impact brick-and-mortar retail into the future.” The first day hearing has been scheduled for today and the company reports $6.8 million in assets and $48.7 million in liabilities. The debtor is the wholly-owned subsidiary of LJ USA General Partnership, which is in turn owned equally by LG GP No. 1 Pty and LG GP No. 2 Pty, both organized under the laws of Australia, which are in turn wholly owned by Lorna Jane PTY Ltd., which is also organized under the laws of Australia, and headquartered in Brisbane. The company said that the pandemic has suppressed consumer willingness to shop in person, particularly in indoor malls where most of the debtor’s retail boutiques are located and social distancing is difficult.
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Mall Operator CBL Says Business Is Up as It Eyes Nov. 1 Bankruptcy Exit; Promotes Key Personnel

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CBL Properties elevated several executives as the Chattanooga, Tenn.-based shopping center company aims to turn the page on its bankruptcy on Nov. 1 and open a new chapter, the Chattanooga Times Free Press reported. "A lot of people recognized have been with the company and worked hard over the last year-and-a-half and before," said Stephen Lebovitz, CBL's chief executive officer, about the promotions. CBL, the owner of Hamilton Place and Northgate malls in Chattanooga and more than 100 centers nationwide, was hit hard by the coronavirus pandemic early in 2020 and filed for bankruptcy protection last November. Two people were promoted Monday to executive vice president posts and six to senior vice president slots. Also, eight new vice presidents were named. The company is moving toward exiting bankruptcy on Nov. 1 and putting the organization in place so CBL is in "the strongest position to go forward." Those named work at CBL's home office, where the company employs about 220 people among some 500 workers nationally. Lebovitz said company officials are seeing a resurgence at its malls both in traffic and sales. "Retailers are in a stronger position," he said. As CBL closes in on exiting bankruptcy, Lebovitz said the pricing of its publicly traded shares is being determined in talks with its financial advisers. He said he's expecting CBL will return to a listing on the New York Stock Exchange at some point. Currently, the company's shares are traded over the counter. In August, Bankruptcy Judge David R. Jones confirmed the company's plan moving ahead that erases more than $1.6 billion in debt. Bondholders are to receive 89% of the newly reorganized CBL and shareholders 11%. Of that 11%, existing common and preferred stakeholders are to split the equity equally, according to the plan.

Retailers Rethink Pandemic-Battered Manhattan

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With the pandemic keeping millions of New York City office employees home for the past year, restaurants, coffee shops, apparel retailers and others struggled to stay afloat, the New York Times reported. By the end of 2020, the number of chain stores in Manhattan — everything from drugstores to clothing retailers to restaurants — had fallen by more than 17 percent from 2019, according to the Center for an Urban Future, a nonprofit research and policy organization. Across Manhattan, the number of available ground-floor stores, normally the domain of busy restaurants and clothing stores, has soared. A quarter of the ground-floor storefronts in Lower Manhattan are available for rent, while about a third are available in Herald Square, according to a report by the real-estate firm Cushman & Wakefield. Starbucks has permanently closed 44 outlets in Manhattan since March of last year. Pret a Manger has reopened only half of the 60 locations it had in New York City before the pandemic. Numerous delicatessens, independent restaurants and smaller local chains have gone dark.

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ABC Carpet & Home Nets Court Approval to Access Bankruptcy Loan

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Luxury furniture retailer ABC Carpet & Home on Friday secured court approval to tap part of a $5.7 million loan to fund operations while it is in bankruptcy, Reuters reported. During a virtual hearing, Bankruptcy Judge David S. Jones in Manhattan approved access by the company to $2.25 million of the loan on an interim basis and will consider the remainder later this month. The New York-based company filed for chapter 11 protection with plans to sell its assets on Wednesday with about $8 million in secured debt and another $80 million in unsecured debt. The company blamed the effects of the COVID-19 pandemic for its troubles, including the flight of many prospective customers who left New York. The company is looking to sell its assets by the end of October and has lined up a $15.3 million lead bid from 888 Capital, an entity controlled by Regal Investments. ABC owner Paulette Cole, the great-granddaughter of the company’s founder, holds a minority interest in 888 Capital. 888 Capital is also providing the bankruptcy loan.

New York’s ABC Carpet & Home Prepares To File for Bankruptcy

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New York luxury furniture purveyor ABC Carpet & Home plans to file for bankruptcy protection as soon as Thursday after struggling to keep up with costs amid the COVID-19 pandemic, Bloomberg News reported. The luxury furniture retailer is set to receive a debtor-in-possession loan from 888 Capital Partners as part of its bankruptcy filing. The investment firm is one of several potential buyers for the company in bankruptcy. ABC Carpet & Home has been working with advisers from B. Riley Financial Inc. and Greenberg Traurig to seek new financing or a buyer after a planned private-equity sale fell through, Bloomberg previously reported. In a statement to Bloomberg, Chief Executive Officer Aaron Rose said the business would continue to operate as usual. “ABC carpet & home is in advanced discussions with a strategic investor who has provided funding for the company’s operations and is developing a long-term financial plan that will continue the company’s iconic legacy,” Rose said. “Business is operating as usual during this process.” The company’s popular restaurant business, including ABC Kitchen, wouldn’t be included in the bankruptcy.

As Mall Owner Exits Bankruptcy, No One Knows What It’s Worth

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When Washington Prime Group went bust in June, the mall operator’s bankruptcy judge was almost certain the case would culminate in a spreadsheet-ridden valuation brawl, Bloomberg News reported. It was a surprise, then, when U.S. Bankruptcy Judge Marvin Isgur signed off on the real estate investment trust’s chapter 11 exit plan on Friday without any creditors sniping over future cash flows, piecemeal asset sales or competing deals. His approval means investment firm SVPGlobal will swap its debt holdings for ownership of the company, and stock holders will even see a recovery, despite no one knowing quite what Washington Prime is worth. Columbus, Ohio-based Washington Prime has a portfolio of some 100 shopping centers across the U.S., sporting a mix of fully-enclosed malls and open-air centers. The varied bag of brick-and-mortar retail assets mixed with the uncertainty of a global pandemic created a difficult, if not impossible, task for valuation experts.