The 2005 amendments to the U.S. Bankruptcy Code foreclosed the ability of retailers to defer store lease assumption or rejection decisions until the end of a bankruptcy case. Following the 2005 amendments, retailers followed a predictable path leading up to bankruptcy, typified by waiting as long...

When charting a course through bankruptcy, retailers must prioritize maintaining sufficient liquidity to fund operations and the expenses associated with the case. To accomplish this, retailers typically use a lender’s cash collateral and obtain debtor-in-possession (DIP) financing. Both are...

The struggles of the U.S. retail sector have been well publicized—so much so that the term “retail apocalypse” is now firmly established in the lexicon. Last year alone, more than 20 national chains in the United States, including names like RadioShack, hhgregg, BCBG Max Azria, Gander Mountain, and...

When turnaround professionals represent retail organizations that are in a state of transition and require new ownership, they are managing a multifaceted situation. The sale of goods and/or services to customers through multiple distribution channels can be challenging to begin with; adding...

In rocket science, guidance maneuvers that employ engine thrust to slow or steer a rocket are often said to have made use of a “controlled burn.” While retail liquidations are certainly not rocket science, many small retailers could benefit from the use of a “controlled burn” of their own to slow...

In the robust financing environment of 2017, commercial bankruptcies leveled off from credit-crisis highs. Through the first three quarters of 2017, commercial bankruptcies totaled 17,371, a significant decline from the 2009 peak year, when 45,510 commercial bankruptcies were filed in the first...

As many in the turnaround and distressed space know, the total number of bankruptcy filings continues to languish. In Q1 2015, business bankruptcy filings were down more than 3 percent from Q4 2014 and 19 percent from Q1 2014. 1 In fact, Q1 2015’s filing count continues to mirror the lowest...

The retail industry was once dependent on store count and improving same-store sales to drive growth. Fast forwarding to 2015, when Amazon is ranked among the top 10 U.S. retailers, the most widely used buzzword of the year is “omnichannel,” and a retailer could potentially abandon generations of...

Against the backdrop of a U.S. retail landscape that some estimate provides over 50 square feet of retail space per person, 1 store closures remain an almost daily feature of retail news. From department stores to fast fashion, retailers across the U.S. are grappling with the challenge of deciding...

Today’s retailers face unprecedented challenges in the marketplace as they confront the evolution of not only customer shopping patterns, but also how retail is defined. Historically, top tier retailers thrived because they had the best locations and offered desirable merchandise at a great value...