Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Payless Inc Files for Chapter 11 Bankruptcy

Author: Joel R. Glucksman

Date: May 9, 2017

Key Contacts

Back

The rumors that predicted Payless ShoeSource would go bankrupt in the near future are true: the major shoe retailer officially filed for Chapter 11 bankruptcy protection on April 4, 2017.

However, this footwear business isn’t alone. According to CNBC, the number of retailers filing for protection is on its way to reaching the highest since the Great Recession.

Restructuring plans for Payless

By facilitating the financial and operational restructuring of the company, Payless hopes that the bankruptcy process lets it position the company for growth in the future. In a statement, Paul Jones, Payless chief executive officer, expressed his awareness of the change in shopping patterns that has occurred recently, and he further acknowledged that he knows the decision to file for bankruptcy protection is the only option available to the company.

“This is a difficult but necessary decision driven by the continued challenges of the retail environment, which will only intensify,” he said. “We will build a stronger Payless for our customers, vendors and suppliers, associates, business partners and other stakeholders through this process.”

The company stated that it’s seeking immediate relief from the court to pay pre-filing wages, salaries, benefits, vendors and suppliers, and honor customer programs. It has also negotiated agreements with some of its existing lenders, providing Payless with up to $385 million of debtor-in-possession financing.

Is the end of retail shopping near?

It’s no surprise that Payless has filed for bankruptcy. According to CNBC – before the shoe store finally filed – nine big retailers had already filed for protection since the beginning of the year, which is the same amount that filed in 2016. If this pace keeps up, 2017 may be the year that surpasses 2009 – when 18 big retailers filed for protection.

The explanation is simple: We’re living in the digital age, where technology offers more convenience to many of life’s daily tasks than ever before. Shopping is one of them. In 2016, comScore and UPS’ annual survey found that 51 percent of shoppers polled make their purchases online. This is a 3 percent increase from 2015, and a 4 percent increase from 2014. With the amount of brick-and-mortar stores that have already filed for bankruptcy, it isn’t unrealistic to anticipate 2017’s number of online shoppers will be even higher.

Stores must strategize before it’s too late

Additionally, research by Moody’s Investors Service found that 19 companies in the agency’s retail portfolio owe nearly $5 billion in debt through 2021. Of the debt, roughly 40 percent of it is due by the end of next year. The shift in shopping trends is likely to blame, but the current rise in interest rates isn’t helping. If they continue to grow, companies will have a harder time finding ways to reconstruct business, according to Murali Gokki, managing director in AlixPartners’ retail practice.

“If interest rates do go up it’s going to be harder for them to find more favorable options,” he warned CNBC. “The clock is ticking.”

Even though statistics show that more consumers are choosing to shop online, that doesn’t mean there aren’t people out there who love shopping in brick-and-mortar stores. To keep up with the change in shopping trends, retailers must prioritize e-commerce sales, but they also need to find ways to keep in-store shoppers engaged. For example, Sephora, a high-end cosmetics retailer, gives customers the option to try out cosmetics before making a purchase, according to Fortune. Wegman’s, a privately-owned grocery store chain, trains its employees at a degree that ensures customers have the best experience possible while sifting through the aisles. For those distressed retailers to stay afloat, they must develop strategies that allow them to create a unique experience for shoppers while developing a strong online presence.

Are you a ?  Have you been sued by a bankrupt?  If you have any questions about your rights, please contact me, , 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
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know post image

Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]

Author: George McGowan

Link to post with title - "Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know"
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"

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!