Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

American Apparel Files for Chapter 11 Bankruptcy Protection

Author: Joel R. Glucksman

Date: October 29, 2015

Key Contacts

Back

On Oct. 5, American Apparel, one of the largest clothing retailers in the country, announced that it had filed for Chapter 11 bankruptcy protection, according to USA Today. Following a rapid decline in sales since 2011, the company sought bankruptcy protection after it became insolvent.

American Apparel declines into debt

In court papers, American Apparel cited an increase in competition from lower-cost retailers like H&M and Forever 21 that captured more of the market share for millennials. According to a Fast Company report, the company also stated that its business model designed around clothing made in the U.S. was a factor in its revenue dropping in five consecutive years.

American Apparel stated in bankruptcy documents that it had lost more than $300 million in revenues from 2009 to 2014. Since last year, the company has restructured its business model to reduce costs and streamline product offerings. However, the changes have not prevented the company from realizing losses, as its sales revenue slumped by 17 percent to $134.4 million this year, which dropped its market value to only $20.5 million.

One of the main issues cited in American Apparel’s bankruptcy petition was that it had failed in seasonal planning, which resulted in offering the same clothes all year round. Another major issue was the fact that the company had only received 11 percent of sales revenues online, whereas competitors averaged approximately 20 percent.

The company listed assets of $199.3 million, with $397.6 million in debts, including $15 million owed to its largest creditor, Standard General LP, according to an American Lawyer report. American Apparel also cited $38.4 million outstanding on its credit facility, with only $6.9 million in cash on hand.

The company’s reorganization plan calls for a debt-for-equity deal

The company said in its court filings that it will need to close several underperforming store locations because it has only kept them open due to recent cash infusions. American Apparel has also secured $90 million in financing from secured creditors to maintain operations through the bankruptcy period.

The proposed restructuring plan, subject to court approval, calls for a debt-for-equity exchange, where $200 million in senior secured notes will be converted into equity shares. American Apparel negotiated a deal with 95 percent of its secured creditors to reduce its $300 million debt load to $135 million.

The company plans to emerge from the restructuring process as a viable business in the U.S., although its international locations will remain unaffected.

The significance of the filing is a disturbing industry trend

American Apparel’s Chapter 11 filing is the latest in a recent trend of teen fashion retailers that have sought bankruptcy protection. Competitors like Wet Seal, Cache Inc., Deb Shops, Body Central Corp. and dELiA’s have filed for Chapter 11 bankruptcy protection this year. Even its competitors H&M and Forever 21 have struggled in recent years due to online retailers like Amazon.com Inc. undercutting store locations.

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!