
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: September 23, 2015

Partner
201-896-7095 jglucksman@sh-law.comOn Aug. 10, one of the largest resin distributors and resellers in the U.S., Thornton & Co. Inc., announced that it had filed for Chapter 11 bankruptcy protection. The company further stated that it intends to repay its suppliers through a partial orderly liquidation.
The resin distributor cited its leveraged capital structure and a significant drop in petrochemical prices as the primary reason it sought bankruptcy protection. Prices have fallen to 25 cents per pound since November 2014, including 10 cent drops in December and January. As a result of this price collapse, Thornton’s sales have fallen over 20 percent since 2014, forcing the company to sell its inventory on hand at a significant loss.
In its bankruptcy filing, the company listed assets between $10 million and $50 million, and liabilities between $10 million and $50 million. Thornton’s unsecured creditors include many of its competitors in North America, as the distributor owes $2.1 million to Formosa Plastics Corp. USA, $2.2 million to Westlake Chemical Corp., $1.3 million to Equistar Chemicals LP and $1 million to Chevron Phillips Chemical Co.
Thornton’s proposal to repay its suppliers and fulfill its debt obligations to creditors was rejected by Peoples United Bank in July, which necessitated the bankruptcy filing.
The company hopes to seek out potential investors to maintain operations and emerge from the bankruptcy process as a viable business when the market recovers. According to a Plastics News interview with CEO Jake Thornton, the firm also plans to sell off a portion of its resin inventory to facilitate its debt repayment to creditors.
In court papers, Thornton announced that it plans to work with Gordian Group LLC as its financial adviser.
Thornton is currently working with Peoples Bank to restructure the rejected proposal in an attempt to bring value to its suppliers.
Company officials also stated in bankruptcy documents that they hope to benefit from large private equity resin capacity expansions that are expected within the next three years. However, according to a report by the American Chemistry Council cited in Plastics News, North American resin producers have significantly cut back on the number of distributors and resellers they contract with since 2014, leaving Thornton with an uncertain future.
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.

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan
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!