
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: August 4, 2015

Partner
201-896-7095 jglucksman@sh-law.comThe chain recently filed for Chapter 11 bankruptcy protection. According to Wall Street Journal, A&P has planned for a series of sales to competitors after it claimed total debts of $2.3 billion between 2010 and 2015.
A&P filed for bankruptcy before, as this Chapter 11 filing marks the second time in five years that A&P has sought bankruptcy protection. The company cited the recession and $1 billion in debt for filing Chapter 11 bankruptcy in 2010, but emerged from bankruptcy in 2012 as a privately-held corporation after closing several stores and securing additional financing.
However, for this Chapter 11 filing, A&P blamed competition, inflexible collective bargaining agreements with unions and legacy costs associated with high labor expenses and leases for unused stores for its financial struggles. The company also claimed that union contracts and pension obligations for a significant portion of its workforce created staggering debt that made it difficult to remain competitive.
A&P reported that it will seek to re-negotiate these collective bargaining agreements during bankruptcy proceedings after reporting significant drops in sales revenue. According to papers filed in U.S. Bankruptcy Court, the company reported $5.5 billion in sales with a $2 billion gross profit in 2014, but claimed a $305 million loss after taxes, operating costs, interest expenses and depreciation.
For this recent Chapter 11 filing, A&P listed over 100,000 creditors with more than $1 billion in debt, including several large, unsecured creditors. This list of unsecured creditors included $39.4 million to C&S Wholesale Grocers, $8.4 million to McKesson Drug Co., $6.7 million to Facility Source LLC, $4.8 million to Coca-Cola Enterprises, and $3.2 million to Mondelez Global LLC.
According to USA Today, A&P has received $100 million in debtor-in-possession financing from Fortress Credit to maintain operations at most of its locations during bankruptcy proceedings. The company has also secured bidders for 120 of its 296 stores, with lead buyers including Acme Markets Inc., Stop & Shop Supermarket Co. and Key Food Stores Cooperative Inc. Total proceeds of the sales of the auction will be approximately $600 million.
The company noted that its financial future is uncertain due to increased competition at both high and low-priced ends of the grocery industry. Between lower-cost competition from major retailers like Wal-Mart Stores Inc. and Target Corp. expanding into the grocery sector, and rapid growth in the market for high-priced health-conscious chains like Whole Foods Market Inc. and Fairway Group Holdings Corp., A&P has been outperformed since 2012.
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.

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]
Author: Dan Brecher

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano
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!