
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: November 25, 2015

Partner
201-896-7095 jglucksman@sh-law.comOn Oct. 20, Cardiac Science Corp., a major medical device firm known for developing and manufacturing automated external defibrillators, announced that it had filed for Chapter 11 bankruptcy protection. According to the Milwaukee Business Journal, the company sought bankruptcy protection after falling into insolvency with more than $87 million in debt.
In bankruptcy documents, the company cited recent turmoil after its directors were removed and a litany of financial problems that arose due to a decline in sales. According to a report by the Milwaukee Journal Sentinel, Cardiac Science Corp. stated that it holds liabilities between $100 million to $500 million against assets in the range of $10 million to $50 million.
The company also noted that it owes $8.7 million to CFS 915 LLC, one of its primary secured lenders. After the loan went into default status, CFS removed the company’s executive board and appointed new directors. In turn, CFS then filed a lawsuit against Cardiac Science for the balance of the outstanding debt. Further, Cardiac Science had also been in default status for over two years with HDFC Bank Ltd. of Mumbai, India for its $6.3 million loan.
Currently, the company has several unsecured creditors, which most notably include Celestica Electronics of Malaysia for $2.5 million, Patterson Thuente Peterson Intellectual Property of Minneapolis for $440,411 and Saft America Inc. of Valdese, North Carolina for $388,460.
One day before the company filed for Chapter 11 bankruptcy protection, its new executive board petitioned to have Criticare Systems Inc. – Cardiac Science’s sister company – put into receivership in the Waukesha County Circuit Court. The board felt that insolvency was imminent for Criticare Systems, and thus filed the petition as a way to position the company for liquidation, with the proceeds of the asset sales to be paid to its creditors.
Prior to its Chapter 11 filing, the Cardiac Science Corp. laid off 15 high-level employees in an effort to lower its costs. However, in its bankruptcy documents, the company stated that it does not intend to conduct more layoffs because it plans to seek a quick sale as an ongoing business. This sale process will be held in a supervised bankruptcy court auction, with CFS acting as the stalking horse bidder. Although CFS has also reached a purchase agreement with Cardiac Science, the auction will be open to competitive bids.
CFS has agreed to provide debtor-in-possession financing to Cardiac Science to ensure that business operations continue uninterrupted. This funding is intended to guide the company through the bankruptcy period until it is sold, with the intention of it emerging from reorganization as a viable business. In turn, the debtor-in-possession financing will enable the company to continue making payments for employee wages and benefits packages as well as goods and services from vendors.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!