Author: Thomas S. Onder
Proper Representation is Worth the Dough: Jung v. Fred’s Bagels LLC
Posted in Business & Commercial Law
A recent Appellate Division decision highlights the risks faced by commercial landlords who do not retain proper counsel to protect their interests. In Jung v. Fred’s Bagels LLC, the Appellate Division affirmed the trial court’s dismissal of a landlord’s complaint for possession of leased commercial space. Plaintiff landlord leased space to… Continue reading
10 retailers to watch for a bankruptcy filing in 2023
Posted in Bankruptcy & Creditor's Rights
Welcome to 2023! The new year holds much anticipation. The Fed rate hikes have slowly started to reduce inflation, yet prices remain high. Unemployment figures persist at record lows, despite many large employers cutting back. Continuing supply chain issues persist as China reopens in the face of its COVID crisis…. Continue reading
Is a Tuesday Morning Chapter 22 Bankruptcy Imminent?
Posted in Bankruptcy & Creditor's Rights
Tuesday Morning Corporation, the discount, closeout home retailer, could be filing for Chapter 11 bankruptcy, reports both Bloomberg and Seeking Alpha. Shares of the company fell nearly 30% last week. The company has struggled with supply chain bottlenecks. The company previously emerged from Chapter 11 bankruptcy in December 2020, where it shed about… Continue reading
Top 10 Retailers to Watch for Possible Bankruptcy Filing in 2022
Posted in Bankruptcy & Creditor's Rights
The last half of 2021 was virtually a ghost town for filing retail bankruptcies. However, the rise of the Omicron variant has significantly delayed a full return to normal for shopping centers. The good news is that the vaccines work, people are cautiously resuming activities, and the economy is running… Continue reading
The Road Ahead – Four (4) “Mile Markers” to Watch in the Year Ahead
Posted in Bankruptcy & Creditor's Rights
The road for the last year and a half has been bumpy, to say the least. The Pandemic, the election, and the supply chain have been challenging. Yet, despite these challenges, the shopping center industry continues to grow. Demand for retail space is surging back to pre-Pandemic levels. Tenants have… Continue reading
20 Retailers to Watch for a Bankruptcy Filing in the First Half of 2021
Posted in Bankruptcy & Creditor's Rights
The global pandemic has upended retail across the country. In most cases landlords and tenants are working together to get through this adversity. Although vaccines are expected before the end of the year, the distribution will not likely be available to everyone until at least mid-2021. As such, the retail… Continue reading
Youfit Health Clubs Files for Chapter 11 Bankruptcy in Delaware
Posted in Bankruptcy & Creditor's Rights
Youfit Health Clubs filed for Chapter 11 bankruptcy this morning in the District of Delaware, docket #20-12853 MFW. The club with more than 80 locations in Alabama, Arizona, Florida, Georgia, Louisiana, Maryland, Pennsylvania, Rhode Island, Texas and Virginia, follows in the footsteps of other health clubs that have filed for… Continue reading
20 Retailers to Watch for a Bankruptcy Filing in the Second Half of 2020
Posted in Bankruptcy & Creditor's Rights
The unprecedented global pandemic has created a limbo for most retail tenants, and in some cases, left landlords without payment of rents. Further, some states have placed moratoriums on eviction actions, allowing tenant to stay and not pay. However, as states begin to open back up for business there appears… Continue reading
Modell’s Sporting Goods Poised to File for Chapter 11 Bankruptcy
Posted in Bankruptcy & Creditor's Rights, Business & Commercial Law
Modell’s Sporting Goods, the 130-year old athletic gear company with 140 leases, appears to be readying for Chapter 11 bankruptcy protection. The New York Post reported that the company has ceased both seeking an investor and better terms from its vendors.
Earth Fare Files for Liquidating Chapter 11 Bankruptcy
Posted in Bankruptcy & Creditor's Rights
Earth Fare, Inc., the 45-year old natural and organic grocery chain, filed for Chapter 11 bankruptcy on Tuesday in Delaware under docket number 20-10256. The Debtor operates more than 53 grocery stores throughout the Southeast, mid-Atlantic and Midwest. The company is privately held and backed by private equity firms Oak… Continue reading