Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Wire Co. Files for Chapter 11 Bankruptcy

Author: Joel R. Glucksman

Date: November 18, 2015

Key Contacts

Back

On Thursday, Oct. 8, New York Wire Co., the oldest wire weaving company in the U.S., announced that it had filed for Chapter 11 bankruptcy protection.

According to a Central Penn Business Journal report, the company cited problems with its start-up operations in China and a global economic downturn as key factors for seeking bankruptcy protection.

New York Wire Co. falls into debt

New York Wire Co. filed a Chapter 11 bankruptcy petition claiming that it became insolvent due to its accumulated debt. In its bankruptcy filings, the company stated that it held over $12.2 million in secured debt and $2 million in unsecured debt, with another $3.4 million in liabilities, according to the York Daily Record. The company’s 30 largest creditors include UGI Energy, PPL EnergyPlus, Met-Ed and the Borough of Hanover as well as raw materials providers and vendors in Canada and Italy.

The company’s Chinese start-up operations accumulate debt

In its bankruptcy documents, the New York Wire Co. noted that it launched Suzhou New York Wire Precision Inc. in China in 2012. The new manufacturing facility took longer to build than expected with production delays and high employee turnover, and thus proved to be a massive expense for the company. As a result, the company’s operating losses on the Chinese facility began to mount and its inventory control costs became exorbitant, sending the company into insolvency and massive debt with First Niagara Bank, N.A., one of its primary creditors.

The restructuring plan

In its court papers, New York Wire Co. hired Sandeep Gupta of Novo Advisors as its chief restructuring officer to oversee the company’s bankruptcy process. New York Wire Co. also stated that it will work with investment bankers to develop an asset sale auction.

Details of the sales process involve requesting approval from the bankruptcy court for the company’s proposed sale to NYW Acquisition LLC. NYW Acquisition will then serve as the stalking horse bidder of the auction where the expected bid will be between $7.3 million and $8.1 million. The sale is set to be completed by Dec. 3, but if no qualified bids are received by the company, it will proceed with its sale to NYW Acquisition. Further, the company also stated that it has requested any other suitor to offer a minimum bid of $8.55 million in cash, with a 10 percent good faith deposit made in the initial auction.

New York Wire Co. also seeks approximately $3.7 million in debtor-in-possession financing to prevent utility companies from discontinuing service to its locations and to continue compensating its employees. According to an ABF Journal report, the financing consists of $2.3 million in roll-up loans and $1.4 million in revolvers. This is particularly important for the company as it plans to emerge from the bankruptcy period as a viable business, and therefore does not plan to lay off any of its 238 employees in the U.S. or its 170 employees in China.

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
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"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

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!