
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.

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
Author: Chris Seelinger

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
Author: Chris Seelinger

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
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!