Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Karmaloop files for Chapter 7 bankruptcy protection

Author: Joel R. Glucksman

Date: December 11, 2015

Key Contacts

Back

Karmaloop Inc. files Chapter 7

Karmaloop Inc., the major web-based streetwear retailer headquartered in Boston, recently announced that it had received approval from the Bankruptcy Court to convert its Chapter 11 bankruptcy case to a Chapter 7 liquidation proceeding. According to a Law 360 report, the company will now face the liquidation of all its remaining assets, because it failed to develop an adequate restructuring plan to accommodate its staggering tax debt.

Karmaloop’s Chapter 11 filing falls through

In bankruptcy filings, the company cited priority taxes and administrative claims, along with failed expansion plans and a general decline in the retail clothing sector, as the primary factors that drove Karmaloop into insolvency. As a result, the firm filed for Chapter 11 bankruptcy protection in March.

At that time, Karmaloop listed more than $90 million in debt obligations, with over $30 million owed to its senior secured lenders. Further, according to a Beta Boston report, the firm cited in its first day declaration that it owed approximately $25 million in junior secured debt and $40 million in unsecured debt, which includes more than $19 million in trade liabilities.

The company’s decision to file a motion to convert its Chapter 11 bankruptcy to a Chapter 7 liquidation came after it was not able to reach a sale agreement. According to a Boston Globe report, in 2014, famous music moguls Kanye West and Damon Dash were interested in submitting bids to acquire Karmaloop, but the negotiations fell through. In turn, Karmaloop decided to file for Chapter 11 bankruptcy protection because it no longer had the finances to continue operations.

The company converts its Chapter 11 bankruptcy filing to a Chapter 7 liquidation

Despite objections from the U.S. Trustee’s Office, the bankruptcy court had provided approval for an agreement between the company and its unsecured creditors that will expedite the company’s sale to its senior secured lenders. Law 360 reported that this agreement was reached by a committee of the company’s unsecured lenders and a group of senior secured lenders. As a result of the agreement, the bankruptcy court would have approved the liquidation sale of the company to a group of its senior secured lenders in May 2016 under the name ComCap Acquisition LLC.

As part of the initial sale agreement under its Chapter 11 filing, ComCap Acquisition LLC acted as the stalking horse bidder in the asset auction with a $30 million bid. This bid served as a portion of the $30 million owed in prepetition secured debt obligations with the company’s unsecured creditors. However, no other bids came forth, so the sale was canceled.

Part of the problem with the sale was that a majority of Karmaloop’s unsecured lenders objected to it. Their objection was based on the fact that the Chapter 11 reorganization plan would have shut out all creditors except for the senior secured lenders.

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
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

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

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

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.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

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

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

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

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

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

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

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.

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

Please select a category(s) below: