Toys ‘R Us. Sears. David’s Bridal. Bon-Ton. Radio Shack.
This is but small group of scores of major American retailers that have filed for Chapter 11 commercial bankruptcy recently or are reportedly considering that restructuring move.
Such a decision generally indicates dire financial straits for a filing commercial entity, but it hardly sounds a death knell in all instances. Indeed, invoking commercial bankruptcy can be the optimal business strategy for a beleaguered company, helping it to both shed troublesome debt levels and reemerge with augmented strength and a solid business plan.
Not always, though. Indeed, the decision whether to proceed with a Chapter 11 strategy is one that can be logically made only after a thorough and exacting legal analysis of the pros and cons. Obviously, those can be weighty for an enterprise with hundreds of millions of dollars or more in play.
We note in today’s post the news that national kids’ retailer Gymboree recently filed for Chapter 11 protection, and for a second time within a couple years. The ongoing negotiations among the company, creditors and lenders are understandably complex; readers seeking details can access the particulars via the above link.
Rich Michaelson Magaliff offers a bit of insider’s insight into Chapter 11. We do so after noting on our Manhattan law firm’s website our singular vantage point gained through representing businesses “in some of the most challenging and visible corporate bankruptcy cases in recent years.”
What is stressed immediately about Chapter 11 is both its comparative complexity as a debt-overcoming response and the fact that it is but one of many options for attacking sizable debt challenges.
We help corporate debtors run the analysis, noting that when Chapter 11 is right, it can effectively target cumbersome debt and “lay the groundwork for a long-running and successful business.”
We welcome contacts to our firm and the opportunity to discuss restructuring options that can best promote the interests of diverse and valued clients.