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 →

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 →

Government orders directing the shut-down of non-essential retailers, as a result of COVID-19, have forced another retail chain into bankruptcy. Creative Hairdressers, Inc. (“Creative”), the parent of Hair Cuttery, filed for Chapter 11 relief yesterday in the bankruptcy court for the District of Maryland. According to its first day filings,… Continue reading →

In an ironic bankruptcy twist, the COVID-19 outbreak is thwarting Modell’s Sporting Goods’ ability to liquidate. Modell’s filed its bankruptcy case on March 11th and announced that it was closing all 134 of its stores. The chain was founded by Morris A. Modell in 1889, with a single store on… Continue reading →

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 →

The lawsuits just keep coming… last week, Chapter 11 Debtor, Sears Holdings Corporation (“Sears”) continued to file hundreds of preference complaints to recover money from paid pre-petition creditors. The Debtor filed a mass of suits back in November 2019. For most creditors, it makes no sense that they receive a… Continue reading →

In a reported decision issued June 19, 2015, Ewing Oil, Inc. v. John T. Burnett, Inc., the Appellate Division rejected a challenge to enforcement in New Jersey of a judgment entered by confession in Maryland and held that such judgments must be enforced by New Jersey courts pursuant to the… Continue reading →

If a Sheriff’s Sale results in more money than needed to satisfy the foreclosure judgment, fees, costs and commissions, the remaining amounts are referred to as “surplus funds”. Junior lien holders and others have the right to make an application for these funds. During the 2007-2008 time frame such applications were quite common. With the real estate bust they have been far less common but there are signs everywhere that real estate values are coming back and so may the opportunity for these applications. Continue reading →