Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Wire Co. Files for Chapter 11 Bankruptcy

Author: Joel R. Glucksman

Date: November 18, 2015

Key Contacts

Back

On Thursday, Oct. 8, New York Wire Co., the oldest wire weaving company in the U.S., announced that it had filed for Chapter 11 bankruptcy protection.

According to a Central Penn Business Journal report, the company cited problems with its start-up operations in China and a global economic downturn as key factors for seeking bankruptcy protection.

New York Wire Co. falls into debt

New York Wire Co. filed a Chapter 11 bankruptcy petition claiming that it became insolvent due to its accumulated debt. In its bankruptcy filings, the company stated that it held over $12.2 million in secured debt and $2 million in unsecured debt, with another $3.4 million in liabilities, according to the York Daily Record. The company’s 30 largest creditors include UGI Energy, PPL EnergyPlus, Met-Ed and the Borough of Hanover as well as raw materials providers and vendors in Canada and Italy.

The company’s Chinese start-up operations accumulate debt

In its bankruptcy documents, the New York Wire Co. noted that it launched Suzhou New York Wire Precision Inc. in China in 2012. The new manufacturing facility took longer to build than expected with production delays and high employee turnover, and thus proved to be a massive expense for the company. As a result, the company’s operating losses on the Chinese facility began to mount and its inventory control costs became exorbitant, sending the company into insolvency and massive debt with First Niagara Bank, N.A., one of its primary creditors.

The restructuring plan

In its court papers, New York Wire Co. hired Sandeep Gupta of Novo Advisors as its chief restructuring officer to oversee the company’s bankruptcy process. New York Wire Co. also stated that it will work with investment bankers to develop an asset sale auction.

Details of the sales process involve requesting approval from the bankruptcy court for the company’s proposed sale to NYW Acquisition LLC. NYW Acquisition will then serve as the stalking horse bidder of the auction where the expected bid will be between $7.3 million and $8.1 million. The sale is set to be completed by Dec. 3, but if no qualified bids are received by the company, it will proceed with its sale to NYW Acquisition. Further, the company also stated that it has requested any other suitor to offer a minimum bid of $8.55 million in cash, with a 10 percent good faith deposit made in the initial auction.

New York Wire Co. also seeks approximately $3.7 million in debtor-in-possession financing to prevent utility companies from discontinuing service to its locations and to continue compensating its employees. According to an ABF Journal report, the financing consists of $2.3 million in roll-up loans and $1.4 million in revolvers. This is particularly important for the company as it plans to emerge from the bankruptcy period as a viable business, and therefore does not plan to lay off any of its 238 employees in the U.S. or its 170 employees in China.

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
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

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

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

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

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

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

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

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

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
What Is Corporate Litigation? A Clear Guide for Businesses post image

What Is Corporate Litigation? A Clear Guide for Businesses

Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "What Is Corporate Litigation? A Clear Guide for Businesses"

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!