
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: October 21, 2015

Partner
201-896-7095 jglucksman@sh-law.comOn Sept. 22, Quirky Inc., the start-up amateur inventor platform, known for developing smartphones and mobile device products to control household appliances, announced that it had filed for Chapter 11 bankruptcy protection. According to the Wall Street Journal, the company plans to sell all of its assets for its home business, Wink, for $15 million as part of the filing.
Founded originally as an invention platform in 2009 after it raised approximately $170 million in venture capital, Quirky found itself in turmoil in recent months, according to MarketWatch. After it generated over $100 million in revenues in 2014 and was recognized in CNBC’s Disruptor 50 report, Quirky’s founder and CEO, Ben Kaufman, was replaced in August. Quirky then went through a massive round of layoffs, shedding 159 employees, which reduced the Quirky workforce to 90 personnel. This marked a turbulent year for Quirky as it also dealt with financial problems, product malfunctions, sales drops and a security bug in the Wink Hub device.
Quirky’s decision to file for bankruptcy protection was prompted by the October 2015 maturity date for its $19.9 million revolving line of credit. However, according to bankruptcy documents, the company also cited the fact that it owed $8 million in deferred payments after it acquired Undercurrent LLC in March 2014.
The Wall Street Journal reported that the company listed assets between $10 million and $50 million and debts between $50 million and $100 million. These debts included a $9.3 million secured term loan, $36.8 million in unsecured bond debt and an additional $28 million owed to trade creditors. Flextronics International USA Inc. is its largest unsecured creditor at $18.69 million, while Undercurrent LLC is still owed more than $14 million, UPS is owed over $1.3 million, and former CEO Kaufman is owed $300,000.
In August, Kaufman explained that Quirky was insolvent as it only had approximately $12 million in remaining cash on hand. Therefore, Quirky officials cited in court papers that an auction sale of part of the business – specifically Wink – through the bankruptcy period is the only way to maintain operations for the company as a whole.
Quirky has agreed to sell off its remaining assets in an auction. As part of its bankruptcy filing, Flextronics submitted an early bid for $15 million, which establishes the minimum amount of the sale. If there are no competing offers, Quirky’s Wink assets will be sold to Flextronics within 60 days.
While Quirky has reached this sale agreement for Wink, it is still in the process of finding a buyer for its remaining assets. The sale of the rest of Quirky’s assets is crucial because the company cited that it intends to lay off 100 more employees between Wink and Quirky by December. However, the company also stated that it hopes to maintain its daily operations for Wink and Quirky, although selling off certain assets seems like the likeliest scenario in order to maintain the existing business model.
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 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

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe
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!