Showing posts with label Chapter 11 Title 11 United States Code. Show all posts
Showing posts with label Chapter 11 Title 11 United States Code. Show all posts

Monday, July 02, 2012

Nebraska Book Company emerges from Chapter 11

In a press release, Nebraska Book Company reports that it has completed its restructuring and emerged from Chapter 11. The company reports that it has acquired 23 college bookstores since entering Chapter 11, the latest being Portland State University Bookstore.

The bankruptcy lessened, but didn't eliminate, the company's debt load; Nebraska Book went into Chapter 11 with $450 million in debt and emerged with $230 million. $100 of the company's debt was converted from notes into equity. (Why couldn't the company get creditors to agree to convert 100% of the debt into equity? Was it that creditors didn't have faith in the company going forward? Would the company have to have gone into Chapter 7 in order to eliminate all the debt?) The company's debt load coming out of bankruptcy is still significant, and it's entirely possible that another bankruptcy is in the future unless Nebraska Book can turn its business around dramatically. Simply buying a few college bookstores here and there is unlikely to be enough to protect the company from the long-term changes in the college textbook business.
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Tuesday, March 01, 2011

Blockbuster: Pass reorganization, head directly to liquidation?

In court filings yesterday and today, several parties to Blockbuster's bankruptcy plan filed objections. According to the Los Angeles Times, the objectors include "Walt Disney Studios, Universal Studios, landlords, unsecured creditors, other parties and the office of the U.S. Trustee, a Justice Department unit that oversees bankruptcy proceedings." The problem is that the plan filed on February 21st for the sale of the company to four major secured creditors for $290 million would give the buyers the right to determine who receives the proceeds of the sale. Unsecured creditors, such as the movie studios and landlords that own Blockbuster's stores, would get little or nothing.

It's not a surprise that the unsecured creditors objected to the sale, but when the U.S. Trustee also objected, it made it much more likely that the court will take the matter very seriously. According to the Wall Street Journal, the unsecured creditors would prefer that the court convert the proceedings to a Chapter 7 liquidation, rather than allow the sale to go ahead as proposed. As a practical matter, it's very difficult to see how Blockbuster could survive without the support of the movie studios and distributors. It's their movies and television shows that Blockbuster rents, and if they refuse to supply product to the reorganized Blockbuster, it would cease to be a viable business.

Blockbuster could still modify the sale proposal to satisfy its unsecured creditors and the U.S. Trustee, but it's looking increasingly likely that Blockbuster will end up in liquidation.
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Monday, November 10, 2008

Circuit City files for Chaper 11 Bankruptcy

According to Dealerscope, Circuit City filed for Chapter 11 Bankruptcy this morning. In a written statement, the company said that it plans to reorganize and remain in business. That may be the company's intent, but the odds of successfully emerging from Chapter 11 are increasingly slim for retailers. For example, Sharper Image initially filed for Chapter 11, but within a few weeks the company modified its filing to Chapter 7 and liquidated. Mervyns, a chain of department stores, filed for Chapter 11 last July, and then a few weeks ago, it filed for Chapter 7 liquidation and is now going out of business.

Circuit City may beat the odds, but I think it more likely that we'll see many more than the 155 stores already running "going out of business" sales close their doors before the end of the holiday season.

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