Serving as an illustration of the principal that a financial restructuring won’t save a business that has ceased to be frequented by customers, RadioShack has filed for bankruptcy for the second time in as many years. The prior case was filed in the Bankruptcy Court for the District of Delaware as case no. 15-10197. This
RadioShack
RadioShack Preference Litigation UPDATE
As detailed in this previous post, the Liquidating Trustee appointed to prosecute preference actions in the RadioShack bankruptcy proceeding filed approximately 383 preference actions in late October and early November of this year. Through these complaints, the Liquidating Trustee seeks to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of…
RadioShack Preference Litigation has Begun – En Masse
On February 5, 2015, RadioShack and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. We initially published a blog post about the filing here: RadioShack Pulls the Plug. On October 2, 2015, the Court confirmed the Plan of Liquidation in the RadioShack…
RadioShack to Auction Customer Data
Recently in the RadioShack Corp. case, the Delaware Bankruptcy Court granted the debtor’s bid procedures motion allowing the debtor to auction certain of its assets, including trademarks and collection of customer data, while directing RadioShack to provide more information in terms of what personal information has been collected by the company and is to be…
Ten Things Every Commercial Landlord Should Know About a Tenant in Bankruptcy
With several significant recent bankruptcy filings such as RadioShack and Saladworks, tenant bankruptcies become a greater risk for commercial landlords. Yet some landlords are not familiar with the rights provided to them under the Bankruptcy Code, nor are they aware of the protections provided to a tenant in bankruptcy. For example, certain lease provisions are…
RadioShack Pulls the Plug
In an unsurprising move, RadioShack has become the latest retailer to file for relief under Chapter 11 of the Bankruptcy Code. RadioShack filed on February 5, 2015 along with 17 of its affiliates. The cases are jointly administered under Case Number 15-10197 and presided over by Judge Shannon. The emergency first day motion was held…