Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

RadioShack To Get Interim Bankruptcy Loan

Author: Joel R. Glucksman

Date: February 26, 2015

Key Contacts

Back

After filing for protection under Chapter 11 of the bankruptcy law, ailing electronics retailer RadioShack is set to take out an interim bankruptcy loan, sell a number of its stores, and pay certain of its key insiders and employees a healthy parting bonus.

After almost a century in business, the company’s closing marks the end of an era.

RadioShack filed a voluntary petition for Chapter 11 bankruptcy protection on Feb. 5, marking the end of 94 years in business, according to TechCruch. The retailer had been struggling for years in the face of a number of business model problems.

As many have pointed out, the switch to the Internet for small electronics purchases served to greatly diminish the retailer’s market share. RadioShack attempted a small pivot, orienting its business toward mobile devices, but failed to transform itself into a major destination for these products. As TechCruch concluded, this move may have also served to alienate the retailer’s “radio/homebrew/DIY geek” customer base as well. The company devoted significant efforts over the last few years to coaxing these customers into returning – some stores included a dedicated Arduino section – but ultimately to little avail.

RadioShack Corp reported losses in the last 11 consecutive quarters, demonstrating just how dire the company’s financial situation is, Reuters reported. In its Chapter 11 filing, RadioShack listed assets of $1.2 billion – much of which is likely tied up in stores – and liabilities of $1.39 billion.

Interim bankruptcy loan

On Feb. 9, the electronics retailer got court approval to borrow $10 million to support its operations while it waits for bidding to start on its best-performing stores, according to a separate Reuters article. Lawyers for RadioShack and its creditors came to an agreement that modified the interim loan – originally proposed at $14 million – after some creditors objected to its terms. Dissenters argued that the loan would lock RadioShack into a hurried sale to one of the interim loan providers, Standard General.

The company has an initial deal to sell up to 2,400 of its 4,100 stores to an affiliate of Standard General, the news source noted. Standard General is a well-known hedge fund and RadioShack’s largest shareholder. However, this agreement is still subject to higher bids.

The retailer is also requesting the right to borrow up to an additional $285 million to fund its trip through bankruptcy, according to Reuters. A lender group led by DW Partners has already agreed to extend this loan, but U.S. Bankruptcy Judge Brendan Shannon will first need to approve this request at a Feb. 20 hearing. Shannon will also consider proposed procedures for bidding on RadioShack’s assets.

In the mean time, RadioShack is in the process of closing approximately 1,100 of its worst performing stores, the news source explained. The company attempted to close these stores at an earlier date, but was barred from doing so because of agreements with lenders. Now that it has declared bankruptcy, it no longer has to face this roadblock. Standard General has also said that it is working with cellphone carrier Sprint to open mobile phone sales centers in at least 1,750 of the RadioShack stores that it is planning to buy.

Still paying bonuses

Interestingly, RadioShack has proposed setting aside up to $3 million to pay bonuses, The Wall Street Journal reported. Two million of this would go toward eight executives, whom the company says helped to boost the sale price – undisclosed in court documents – by $30 million. Another 30 employees would be eligible for part of the remaining $1 million under a retention plan to keep key staff in place. These bonuses wouldn’t be paid until after the sale is finalized, ensuring that the retailer doesn’t lose “valuable institutional knowledge.”

Under section 503 of the Bankruptcy Code, a debtor cannot make special payments to “insiders”, including directors and officers, to induce them to remain with the company, unless the court finds that (i) the recipient has a “bona fide job offer” from another company, and (ii) is “essential to the survival” of the debtor.

RadioShack’s bankruptcy comes on the heels of years of falling sales. For the better part of a century, the company was at the forefront of the consumer electronics market, but as new industry members entered to arena, this old dog couldn’t keep up. It will be missed.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!