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Article List for for Bankruptcy Cases of Interest to Suppliers, Landlords, Lessors, Bankruptcy Creditors

Böwe Systec, Inc. Bankruptcy – Largest Unsecured Creditors

Böwe Systec, Inc. and 6 associated debtors (the “Debtors” or “Böwe”) filed voluntary petitions under Chapter 11 of the Bankruptcy Code on April 18, 2011 in the Bankruptcy Court for the District of Delaware (Case No. 11-11187). The Honorable Peter J. Walsh has been assigned to the case.  This initial note provides the Debtors’ consolidated list of their 20 largest unsecured creditors. »»» Read rest of article . . .

Borders Group – 30 Largest Unsecured Creditors

Borders Group, Inc. and 7 associated debtors (the “Debtors” or “Borders”) filed voluntary petitions under Chapter 11 of the Bankruptcy Code on February 16, 2011 in the Bankruptcy Court for the Southern District of New York (Case No. 11-10614). The Honorable Martin Glenn has been assigned to the case.  This initial note provides the Debtors’ consolidated list of their 30 largest unsecured creditors.  See related list Borders’ top 50 recipients of payments in the 90 days prior to the Borders’ bankruptcy or read the complete Borders preference analysis by going here:  For 1786 Borders’ Suppliers and Other Creditors, Its Not Time to Close the Books. »»» Read rest of article . . .

Orchard Brands Bankruptcy – 50 Largest Unsecured Creditors; Trade Debt Picture

Appleseed’s Intermediate Holdings, Inc. a/k/a Orchard Brands and 27 affiliates[1] (the “Debtors” or “Orchard Brands”) filed for relief under Chapter 11 of the Bankruptcy Code on January 19, 2011 (Bankruptcy Court for the District of Delaware, Case No.11-10160).  The case has been assigned to the Honorable Kevin Gross. This note briefly looks at the Debors’ business, discusses the trade debt picture and provides the list of the Debtors’ 50 largest unsecured creditors. »»» Read rest of article . . .

Great Atlantic & Pacific Tea Co. (A&P) Bankruptcy – 40 Largest Unsecured Creditors; Trade Debt Picture

Great Atlantic & Pacific Tea Co. and 53 affiliates[1] (the “Debtors” or “A&P”) filed for relief under Chapter 11 of the Bankruptcy Code on December 12, 2010 (Bankruptcy Court for the Southern District of New York, White Plains Division, Case No. 10-24549). The case has been assigned to the Honorable Robert D. Drain. This note briefly discusses the trade debt picture, identifies the first day motions directly affecting unsecured creditors, and provides the list of the Debtors’ 40 largest unsecured creditors. »»» Read rest of article . . .

Blockbuster Video Bankruptcy – 50 Largest Unsecured Creditors; Is Inclusion of the Movie Studios a Dream Sequence

Blockbuster, Inc. and 12 affiliates (the “Debtors”) filed for relief under Chapter 11 of the Bankruptcy Code on September 23, 2010 (Bankruptcy Court for the Southern District of New York, Manhattan Division, Case No. 10-14997). The Debtors have requested authority to file a consolidated list of the 50 largest unsecured creditors in lieu of a separate list for each of the Debtors. The consolidated list is set forth below. »»» Read rest of article . . .

Oriental Trading Company, Inc. Bankruptcy – 30 Largest Unsecured Creditors, Trade Debt Picture

For an estimated 2,200 vendors, holding approximately $30 million in outstanding pre-petition claims, the bankruptcy filing on August 25, 2010 (Delaware Bankruptcy Case No: 10-12636) of Oriental Trading Company, Inc. and 4 affiliated companies (the “Debtors”), is cause to take a long, deep breath. A critical vendor motion, if granted by Bankruptcy Judge Kevin J. Carey, will offer the possibility of critical vendor payments capped out at $15 million, and the top 27 unsecured trade creditors (see chart below) are owed more than $18 million. Additionally, this bankruptcy fits a classic retailer bankruptcy profile for heightened risk of the case ending in the formation of a litigation trust for pursuit of preference claims. »»» Read rest of article . . .

Pretty Products, LLC Bankruptcy – Background, Petition Statistical Information, Initial Direction and 20 Largest Unsecured Bankruptcy Creditors

Pretty Products, LLC (“Pretty Products” or the “Debtor”) filed a petition on June 15, 2010 in the Bankruptcy Court for the Northern District of Georgia (case number 10-12286) for relief under Chapter 11 of Title 11 of the United States Code. The case has been assigned to Judge W. Homer Drake. »»» Read rest of article . . .

Grede Foundries – Debtor Onslaught to Disallow Supplier 503(b)(9) Administrative Expenses

Bankrupt retailer and manufacturer attacks on allowance of administrative expenses under Section 503(b)(9) of the Bankruptcy Code are increasing in frequency, breadth and ingenuity.  One recent case in which pervasive attacks have been launched on supplier 503(b)(9) requests is the Grede Foundries bankruptcy where the debtor has sought to disallow more than 99% of suppliers’ $5,100,000 in 503(b)(9) expense requests. The following table summarizes the 8 objections made to 503(b)(9) requests in the Grede Foundries bankruptcy. »»» Read rest of article . . .

363 Sale Plans Resurface in Grede Foundries Bankruptcy; Will this Bankruptcy be Different?

The Grede Foundries Official Committee of Unsecured Creditors (the “Committee”) confirmed on September 17, 2009 what only had been implied in other filings and indicated by a few of the Debtor’s maneuvers over the past several weeks – the Debtor is planning to sell all or a substantial portion its operations under Section 363 of the Bankruptcy Code.  In an objection to Debtor’s motion to engage an executive headhunter, the Committee’s counsel stated:

The Committee is informed and believes that the Debtors intend to sign a stalking horse asset purchase agreement and file a motion for approval of sale procedures before the end of September, and to have the stalking horse bidder and sale procedures approved by mid-October.

The Committee went on to state that DDJ Capital Management, LLC (“DDJ”), the spoiler of Wayzata Opportunity Fund II, L.P. 363 sale plans, was one of the “the serious potential stalking horse bidders… .” »»» Read rest of article . . .

Bashas Lesson – PACA Trust Beneficiaries Require Bankruptcy Advocacy

The Perishable Agricultural Commodities Act (“PACA”) provides federal statutory protection to vendors of fresh fruits and vegetables as the commodities pass through the “foodservice chain” from growers, to distributors and to retailers. PACA packs a real punch, and protects unpaid suppliers of produce by treating them as beneficiaries of a trust. Unpaid PACA vendors who “follow the rules” to maintain their status as trust beneficiaries, are given a first-priority, preemptive, floating trust interest in the commodities themselves, as well as the proceeds and receivables in the hands of those who have sold or disposed of them (“PACA Trust Benefits”). »»» Read rest of article . . .