
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.com
Partner
201-896-7095 jglucksman@sh-law.comIt’s no surprise that 2017 isn’t a great year for the retail industry. According to Business Insider, several well-known retailers, including Payless Shoe Source, The Limited and RadioShack, have gone bankrupt since the beginning of the year – as of April. Corali Lopez-Castro, a bankruptcy lawyer said that this downward spiral isn’t likely to stop anytime soon.

“2017 will be the year of retail bankruptcies,” she told Business Insider. “Retailers are running out of cash, and the dominoes are starting to fall.”
Shopping trends are shifting, and retailers simply don’t know how to cope with this distinct change and simultaneously satisfy their customers. Let’s take a closer look at why so many retailers likely won’t make it out of 2017 alive – or barely breathing at best.
We’re living in a world that’s controlled by smartphones, tablets and basically any other smart device that consumers can get their hands on. So who’s surprised that online shopping has become a popular way to buy and receive goods? Why would consumers go out of their way to sit in traffic and wait in line at a department store when they can buy and ship products to their front doors from the comfort of the couch? According to a survey conducted by Pew Research Center, 8 in 10 Americans admit that they are online shoppers, and this trend isn’t expected to decline anytime soon.
The convenience of online shopping isn’t the only thing that’s hurting retailers. According to CNBC, more consumers are interested in making purchases related to travel and experiences instead of physical goods like clothing. This is something that retailers have trouble competing with.
If more retailers took the time to create a better experience for shoppers, they may be able to attract more consumers and keep their brick-and-mortar shops up and running. Sports retailers, specifically, felt the push over the years, and many have filed for bankruptcy because they couldn’t find a unique way to present their products. Without specialization, it can be hard for similar retailers to survive, according to Rory Masterson, an industry analyst at IBISWorld, who recalled the downfall of sports retailers.
“The big problem was that they weren’t focused on anything enough to carve a niche in the market,” he told the LA Times.
In 2005, changes to bankruptcy law were put in place to give retailers no more than 210 days to inform their landlords if they were going to renew their leases. Before this change, retailers had 18 months to do so. Since this shift, stores have been forced to make quicker decisions, giving them less room to breathe. Holly Etlin, AlixPartners managing director, said that this changed law can make it difficult for retailers to restructure efficiently and successfully.
“I took [grocery chain] Winn-Dixie through the restructuring process in [February] 2005, It took 16 months, but it was an ultimate success,” she told CNBC. “The bankruptcy law changes went into effect at the end of our restructuring. It likely couldn’t be done under the law today.”
With new shopping trends on the rise and customers paying for experiences over products, retailers are going into debt. Without top-notch financial health, there’s no telling when retailers will sink – but it’s likely to happen and fast. Matt Powell, an industry analyst at market research firm NPD Group, stated that retailers who are in debt obviously aren’t spending money on the tools they need to keep the business afloat.
“If a retailer’s got a lot of debt, it means they’re not spending money on stores, they’re not spending money on systems, they’re not spending money on the kinds of things they need to do to drive the business forward,” he said.
Retailers who wish to survive during this dark time need to learn how to compete with the internet. Having a niche and addressing a new strategy that can bring customers into stores – without holding ridiculous sales that push them even deeper into a hole – can leverage retail stores to stay in business and avoid filing for bankruptcy.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

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
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!