Former Brooks Brothers Owner Sued for Deciding to ‘Roll the Dice’ on Bankruptcy
A Brooks Brothers part-owner that lost $100 million when the menswear retailer went bankrupt last year sued its former controlling Del Vecchio family for allegedly ignoring potential deals that could have warded off chapter 11, WSJ Pro Bankruptcy reported. Hong Kong-based TAL Apparel Ltd. said in court papers that the troubled company had interested suitors in 2019 but the Del Vecchio family turned its back on those opportunities, choosing to gamble on bankruptcy instead. Brooks Brothers filed for chapter 11 in 2020, joining a herd of pandemic-battered apparel retailers. The company was sold out of bankruptcy for $325 million to Authentic Brands Group LLC and mall operator Simon Property Group Inc. TAL, a former minority shareholder, said the 2019 offers were rejected because, although they were rich enough to keep Brooks Brothers out of bankruptcy, they weren’t enough to protect the Del Vecchio family from having to pay out on a make-whole agreement with TAL. In 2016, when TAL agreed to invest $100 million for a minority stake in Brooks Brothers, the deal came with a guarantee backed by the Del Vecchios, according to the complaint. Under the agreement, if Brooks Brothers was sold for less than $652 million — the valuation assigned to the company when TAL bought its stake — the family would make good on TAL’s losses, the lawsuit said. The potential offers that arrived in 2019 were at prices that would have forced the Del Vecchios to come up with money of their own to cover TAL’s losses, according to the complaint, which said the family “threatened that instead of pursuing the bids on the table, they would ‘roll the dice’ and sell Brooks Brothers as part of bankruptcy proceedings.” Bankruptcy or no bankruptcy, TAL is seeking a court order compelling Claudio Del Vecchio, his son Matteo and affiliated entities to make good on TAL’s losses.
