
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.com
Partner
201-896-7095 jglucksman@sh-law.comHowever, this footwear business isn’t alone. According to CNBC, the number of retailers filing for protection is on its way to reaching the highest since the Great Recession.
By facilitating the financial and operational restructuring of the company, Payless hopes that the bankruptcy process lets it position the company for growth in the future. In a statement, Paul Jones, Payless chief executive officer, expressed his awareness of the change in shopping patterns that has occurred recently, and he further acknowledged that he knows the decision to file for bankruptcy protection is the only option available to the company.
“This is a difficult but necessary decision driven by the continued challenges of the retail environment, which will only intensify,” he said. “We will build a stronger Payless for our customers, vendors and suppliers, associates, business partners and other stakeholders through this process.”
The company stated that it’s seeking immediate relief from the court to pay pre-filing wages, salaries, benefits, vendors and suppliers, and honor customer programs. It has also negotiated agreements with some of its existing lenders, providing Payless with up to $385 million of debtor-in-possession financing.
It’s no surprise that Payless has filed for bankruptcy. According to CNBC – before the shoe store finally filed – nine big retailers had already filed for protection since the beginning of the year, which is the same amount that filed in 2016. If this pace keeps up, 2017 may be the year that surpasses 2009 – when 18 big retailers filed for protection.
The explanation is simple: We’re living in the digital age, where technology offers more convenience to many of life’s daily tasks than ever before. Shopping is one of them. In 2016, comScore and UPS’ annual survey found that 51 percent of shoppers polled make their purchases online. This is a 3 percent increase from 2015, and a 4 percent increase from 2014. With the amount of brick-and-mortar stores that have already filed for bankruptcy, it isn’t unrealistic to anticipate 2017’s number of online shoppers will be even higher.
Additionally, research by Moody’s Investors Service found that 19 companies in the agency’s retail portfolio owe nearly $5 billion in debt through 2021. Of the debt, roughly 40 percent of it is due by the end of next year. The shift in shopping trends is likely to blame, but the current rise in interest rates isn’t helping. If they continue to grow, companies will have a harder time finding ways to reconstruct business, according to Murali Gokki, managing director in AlixPartners’ retail practice.
“If interest rates do go up it’s going to be harder for them to find more favorable options,” he warned CNBC. “The clock is ticking.”
Even though statistics show that more consumers are choosing to shop online, that doesn’t mean there aren’t people out there who love shopping in brick-and-mortar stores. To keep up with the change in shopping trends, retailers must prioritize e-commerce sales, but they also need to find ways to keep in-store shoppers engaged. For example, Sephora, a high-end cosmetics retailer, gives customers the option to try out cosmetics before making a purchase, according to Fortune. Wegman’s, a privately-owned grocery store chain, trains its employees at a degree that ensures customers have the best experience possible while sifting through the aisles. For those distressed retailers to stay afloat, they must develop strategies that allow them to create a unique experience for shoppers while developing a strong online presence.
Are you a ? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, , 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.

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
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!