
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: October 29, 2015
Partner
201-896-7095 jglucksman@sh-law.comOn 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.
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 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.
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.
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
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!