
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: February 26, 2015
Partner
201-896-7095 jglucksman@sh-law.comAfter 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.
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.
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.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
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!