
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: January 14, 2016

Partner
201-896-7095 jglucksman@sh-law.comB.P. Greer Recycling Inc., which once hailed itself as the best commercial scrap metal recycling service, recently announced that it had filed for Chapter 11 bankruptcy protection. According to the Triad Business Journal, the company now intends to sell the majority of its remaining assets in an auction sale.
In court documents, B.P. Greer cited a global collapse in demand for scrap metals as its primary reason it sought Chapter 11 bankruptcy protection. Shanghai Metal Market Magazine reported that as scrap metals prices fell and the value of the U.S. dollar strengthened, the company’s revenues had dropped significantly from $36.2 million in 2013 to under $20 million in 2015. This has become a trend in the scrap metals recycling market, as many companies have fallen into insolvency this year.
According to bankruptcy filings, B.P. Greer listed assets between $1 million and $10 million and debts ranging from $10 million to $50 million for more than 125 creditors, which include scrap recyclers, brokers and equipment manufacturers. Recycling Today magazine reported that chief among these creditors is Carolina Bank, which is owed approximately $9.3 million on three different loans. After B.P. Greer failed to make payments on its debt obligations on the most recent $1 million loan with a commercial security agreement, Carolina Bank brought a lawsuit against the company. According to the Triad Business Journal, further complicating B.P. Greer’s financial outlook was the fact that it owed more than $43,000 to the Rockingham County Tax Department, over $23,000 to Sparks and Sons Service Stations and $9,300 to Warren Buffett’s Berkshire Hathaway Homestate Cos.
According to bankruptcy documents, the court approved the sale of most of B.P. Greer’s remaining assets for auction. These assets will include its main manufacturing facility, most of its equipment and land. The plan is for the assets to be sold in a stalking horse bidding process to Foss Industrial Recycling. If there are no bidders, Foss Recycling will be the buyer. This stalking horse auction will include potential bidders that must be approved by the court prior to the Dec. 4 deadline. The opening bid for B.P. Greer is $2.4 million, but if bidders only want to purchase individual aspects of the company’s remaining assets, the bids will start at $125,000 over the sale price.
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!