
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: December 11, 2015

Partner
201-896-7095 jglucksman@sh-law.comKarmaloop 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.
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.
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.

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

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
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!