
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: November 7, 2016

Partner
201-896-7095 jglucksman@sh-law.com
Recently, Garden Fresh Restaurant Corp., one of the largest organic chain restaurant companies in the U.S., announced that it had filed for Chapter 11 bankruptcy protection. According to The Wall Street Journal, the corporation that also runs the Souplantation and Sweet Tomatoes restaurant chains plans to continue operations when it emerges from the bankruptcy process.
The company cited in its bankruptcy documents that its restaurant chain locations have struggled to remain profitable in recent years. Garden Fresh claimed that its recent lack of performance is due to a larger market trend by which restaurant chains, particularly those specializing in organic food, have experienced financial pressures in recent years.
In fact, according to National Restaurant News, the company is now the ninth “fast casual” restaurant chain corporation since late last year to seek bankruptcy protection. As a result, sales revenues have dropped. Sweet Tomatoes’ sales slipped $187.2 million last year, down from $192.1 million in 2014. On its court papers, Garden Fresh listed liabilities and assets from between $1 million and $10 million.
The reorganization plan calls for Garden Fresh to sell its remaining assets to its lenders and close around 30 of its underperforming locations. In turn, the company has also reached deals with primary and second lien lenders which will substantially reduce Garden Fresh’s debt load.
In a press release, Garden Fresh CEO, John Morberg explained that the company will look to remain operational.
“Garden Fresh will operate our business as usual, and we remain focused on providing fresh, wholesome food and great service to our guests,” Morberg stated. “By improving our capital structure through this restructuring, we’ll be able to accelerate the changes underway to refresh our restaurants and build a strong future.”
Are you considering filing for bankruptcy? Would you like to discuss the matter further? If so, 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.

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

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan
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!