
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: August 24, 2015

Partner
201-896-7095 jglucksman@sh-law.comOn Monday, August 10, Filmed Entertainment Inc., the owner of former mail-order music giant Columbia House, announced its plans to file for Chapter 11 bankruptcy protection. In its bankruptcy filing, the company is seeking to sell its remaining business assets following 19 years of declining revenue.
According to the statement of Filmed Entertainment Director Glenn Langberg in court documents, the company blamed almost two decades of poor performance on the evolution of digital music and technology that have begun to render compact discs and digital versatile discs obsolete. Likewise, the mail-order firm claimed that the expansion of the digital media industry along with the rapid growth of digital video streaming companies like Netflix and Amazon have significantly cut into Columbia House’s DVD sales.
In his court papers, Langberg cited that the confluence of market factors has changed the way consumers purchase movies and television, which led to the drop in Columbia House’s sales revenues to $17 million in 2013, down from its peak of $1.4 billion in 1996. Langberg’s claim was supported by a recent SNL Kagan report cited in the Wall Street Journal on the DVD market, which showed that sales have fallen more than 50 percent since 2006, with only $11 billion in revenues generated in 2013.
The company also claimed that Columbia House’s CD sales were hit, as the market declined to $1.85 billion in 2014, down from its peak in 2000 at $13 billion, according to the Record Industry Association of America.
Currently, the company lists total assets between $1 million and $10 million, and total liabilities between $50 million and $100 million owed to over 250 creditors. Approximately $30 million of that debt total is due to long-term pension liabilities, while more than $7 million is owed to unsecured creditors and film studios for royalty payments.
Filmed Entertainment has decided to sell Columbia House music and its DVD Clubs through an open auction process under section 363 of the U.S. Bankruptcy Code. However, the company is seeking approval from the bankruptcy court to maintain Columbia House’s operations throughout the reorganization process with its existing capital to maximize its value prior to sale. In court papers, the company claimed that Columbia House currently has no employees as it facilitates sales of its DVD business through third parties.
PricewaterhouseCoopers will serve as Filmed Entertainment’s financial and reorganization adviser as it seeks potential buyers. PWC officials claim that Filmed Entertainment received interest from 20 prospective buyers, and the firm is currently accepting bids.
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.

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe
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!