The Future of Retail Bankruptcies
An unprecedented number of retailers have filed for bankruptcy so far this year. Indeed, as of June 1 there have been more significant retail bankruptcies than in all of 2016, setting a potential record course for 2017, including The Limited, rue21, Payless, Gymboree, hhGregg, Gander Mountain and Ignite Restaurants (Joe's Crab Shack). Has the strategy changed from § 363 sales and liquidations to pre-2005 reorganizations? Will the sheer greater number of potential filings doom malls? Will mall owners and their tenants be filing for bankruptcy? What could the domino effect be on landlords? Can brick-and-mortar stores cement their positions and stem the tide of bankruptcies? Will the Aeropostale paradigm of landlord investment become more common? Will factors and other lenders be caught in the downward spiral? Will there be recoveries for the unsecured creditors in cash or equity? Can Black Friday sales save retail? This panel discussion covers a wide spectrum of legal and practical insights into each of these topics.