
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: October 16, 2015

Partner
201-896-7095 jglucksman@sh-law.comOn Sept, 9, Quiksilver, one of the largest manufacturers of surfwear and other boardsport-related equipment in the world, announced that it had filed for Chapter 11 bankruptcy protection, according to the Wall Street Journal. In court papers, the company claimed that it plans to hand over control to its largest lender, Oaktree Capital Management LP.

The surfwear retail giant stated in court filings that shifts in consumer tastes, the global financial crisis and a rise in competition in the teen consumer market from with low-cost companies like Billabong and H&M, had led to its decision to seek bankruptcy protection.
Following a decade of profitability, Quiksilver’s U.S. operations began to suffer quickly, as it lost approximately 80 percent of its market share in 2014, according to a CNBC report. Further, the company suffered from a 14 percent drop in sales in 2014, resulting in a $38 million loss, which brought revenues down to $397 million, margins to 48.9 percent and net losses to $309 million. This trend has continued this most recent quarter as the company posted $333 million in revenues with sales down 18 percent, resulting in a $37 million loss, a net loss of $38 million and a 47.1 percent margin drop. All told, Quiksilver has reported double-digit percentage revenue losses for five consecutive quarters, which has seen its market capitalization in the U.S. market fall from its peak of $2.3 billion down to $300 million.
Contributing to its financial losses were Quiksilver’s expansion efforts in 2004, which accrued over $1.1 billion in debt for the company. According to a Bloomberg report, Quiksilver listed $826 million in total debts and $337 million in total assets.
Earlier this year, Quiksilver laid off more than 80 employees at its flagship location in Huntington Beach, California.
As part of its Chapter 11 filing, Quiksilver reached a $279 million secured bond debt-for-equity Plan Sponsor Agreement with its largest creditor, Oaktree Capital Management. In a Business Insider report, the plan calls for Quiksilver to transfer a majority stake to Oaktree in exchange for $175 million in financing, in order to continue operations through the bankruptcy period. This restructuring plan, which is subject to court approval, states that Oaktree will back 73 percent of Quiksilver’s senior debt.
The company’s Eurobond holders also agreed to waive technical defaults that may come up throughout the bankruptcy period, which enabled the company to restructure U.S. operations.
After its Chapter 11 filing, StreetInsider reported that Quiksilver has requested “first day” relief to protect its customers, vendors and stakeholders through the transition into Chapter 11 bankruptcy protection. These requests for relief are centered around the company’s ability to ensure that it can continue wage and salary payments as well as employee benefits and customer reward programs.
Although Quiksilver intends to liquidate a portion of its assets, the goal is to re-emerge from the bankruptcy period as a viable business in the U.S. market. In court documents, the company stated that its international operations will not be affected by its U.S. holdings.
Several brick and mortar retail chains have sought Chapter 11 bankruptcy protection in recent years. Chains like RadioShack Corp. and Frederick’s of Hollywood Inc. have followed suit, citing fallen sales and revenues as the result of increased competition and the financial crisis.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]
Author: Ken Hollenbeck
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!