Chapter11
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Sears, the Amazon of its day, files for bankruptcy
Sears, which invented the strategy of selling anything to anyone with a mailing address long before Amazon did, has been mortally wounded by its spiritual successor. After nearly a decade of struggle, the US retailer announced that it has filed for bankruptcy. It entered voluntary Chapter 11 proceedings and plans to close as many as 150 stores in an effort to slash debt and at least make it through the holidays. Since 2013, Sears has shuttered over 1,000 stores and lost around $5.8 billion.
Faulty airbags cost Takata everything
Takata, the Japanese corporation at the heart of the auto industry's largest ever product recall, has filed for Chapter 11 bankruptcy protection. The business supplied airbag inflators that, thanks to poor standards in the plant where they were manufactured, were faulty. The scandal forced a worldwide recall of more than 40 million vehicles and several deaths have been linked to the issue.
World's largest coal mining firm declares bankruptcy
It won't shock you to hear that the coal industry is facing tough times lately. Job cuts, mine closures and other signs of financial trouble are par for the course. However, that downturn just reached an important milestone: Peabody Energy, the world's largest private coal mining company, has filed for Chapter 11 bankruptcy across most of its US divisions. The firm says it didn't have much choice between steep drops in the price of coal, a weak Chinese market, overproduction of shale gas and "regulatory challenges" (read: better environmental policies). In plainer terms, people just aren't as interested in coal energy as they were in years past.
RadioShack files for bankruptcy as Sprint eyes its stores
As expected, RadioShack filed for Chapter 11 bankruptcy today. The electronics store has had 11 unprofitable quarters in a row that apparently even Weird Al and a drone, concept stores and Arduinos couldn't turn around. We've seen many electronics retailers fade out over the last few years, but most don't have a 94-year history behind them. In the immediate future, Reuters reports the company has a deal with its largest shareholder, Standard General to sell between 1,500 and 2,400 of its 4,000 stores. In turn, Sprint has an agreement to expand to about 1,750 of those stores, taking up about one-third of the space. TechCrunch posted a copy of the filing, and right now it's expected that the remaining stores will be closed, assuming the store's lenders approve of the deal -- leaving us with one fewer place to go when need a battery right now. [Image credit: Joe Raedle/Getty Images]
Kodak exits bankruptcy with new focus on business imaging
After a year and a half of trials and tribulations, Kodak is finally in the clear -- it just exited Chapter 11 bankruptcy. Now that the company has finished offloading its document and personal imaging groups, it's free to pursue a recently court-approved reorganization plan that focuses solely on business products like movie film and packaging. The resulting firm is a far cry from the camera giant that we once knew, but we may hear about its work in the future. Kodak promises more details of "what's next," and it tells the AP that it's working on technology like printable touchscreen layers and smart packaging.
Coda files for bankruptcy, hopes to sell its EV assets for $25 million
We can't say we were enthused with Coda Automotive's ho-hum EV design, and we know the public wasn't, either. Still, it's hard not to lament the company's fate now that its parent, Coda Holdings, is declaring Chapter 11 bankruptcy and getting out of the car market. The firm has had enough of production delays and slow adoption, and now it's planning to sell its Automotive division through an auction that should net at least $25 million. What's left of Coda will focus on energy storage, if and when it emerges from bankruptcy -- not nearly as exciting a field, but likely more profitable. While the exit was far from unexpected, it reminds us that the modern EV business is more often defined by its casualties than its winners.
Kodak expects to exit bankruptcy in Q3 2013
Now with a patent sale, new financing and asset offloads under its belt, Kodak's homing in on when it might emerge from Chapter 11 bankruptcy. In January, the imaging giant predicted it might finally exit its financial default by mid-2013, and now it's filed paperwork with a New York court indicating it's on track to meet that goal sometime during its third quarter this year. In addition to the timeline update, the Plan of Reorganization and Disclosure Statement outlines how the firm's debts have been settled and its future plans, which place heavy emphasis on its commercial imaging business. A hearing for the document and associated strategy is anticipated to be scheduled in mid-June, and creditors will arrange a vote afterwards to decide if everything's to their liking. Kodak's certainly not out of the woods just yet, but it's plodding steadily towards the clearing. [Image credit: Viktor Nagornyy, Flickr]
Court approves Kodak financing, could exit bankruptcy by mid-2013
When Kodak filed for Chapter 11 bankruptcy a year ago, the company promised to re-emerge stronger than ever a year later. While that scenario has yet to play out, the gears do seem to be turning: US bankruptcy court Judge Allan Gropper today approved Kodak's bid to borrow up to $844 million from Centerbridge Partners LP. That approval's still conditional, mind you, on the completion of Kodak's recent digital imaging patent fire sale (at "no less than $500 million"). Should that all pan out, the company plans to emerge from bankruptcy by "mid-2013," no doubt worse for wear but better than a few years back.
Atari files for bankruptcy, hopes to survive by selling off Pong and other assets
Atari Inc. has filed for bankruptcy protection, looking to separate from its not-so-profitable French owners and pitch for independent funding. In the process, the elder statesman of gaming has secured $5.25 million of debtor-in-possession financing and will aim to sell assets, including its famous logo (which is already licensed out) and games like Pong, Asteroid and Tempest, in the next 90 to 120 days. In the last few years, Atari Inc. has shifted its focus from traditional retail gaming to digital titles and licensing, with mobile platforms proving especially lucrative for the parent company, Atari SA. The gaming arm is aiming for a return to former glory and, it hopes, the chance to go another 40 years. [Photo Credit: Marc Grimm]
A123 Systems becomes America's latest EV battery maker to file for bankruptcy
Having been riddled with setbacks, including a major recall of faulty batteries supplied to Fisker Automotive, Michigan's favorite EV battery maker A123 Systems has filed for bankruptcy. It has also announced the sale of its main business units to rival Johnson Controls in a deal pegged at $125 million -- a sad fraction of the billion dollars it raised since it launched in 2001 (not least from government grants). It seems that neither fresh lithium ion innovations nor a potential deal with Chinese investors were able to keep the company out of the red, which leaves A123 on the road to nowhere -- right behind that other DoE-sponsored hopeful, Ener1.
Kodak to sell the film business that made it so famous (update)
Kodak is selling off its renowned film arm in order to revive its moribund fortunes. It'll join sales of the company's patent portfolio, online gallery, commercial scanning, photo kiosk and theme park businesses so it can concentrate on a not-yet successful printer enterprise. It needs to raise more than $660 million to pay back creditors before it can emerge from Chapter 11, which it aims to do early next year -- but not in any form that we're likely to recognize. [Image Credit: MercerFilm] Update: The company got in touch to say that while those parts of the business are being put up for sale, manufacturing, sales and marketing of Kodak-branded film products (and motion picture products) will remain within the Eastman-Kodak company.
Kodak agrees to sell Gallery online photo service to Shutterfly for $24 million
Remember that Kodak Photo Gallery online picture service that we didn't use? It appears that years of shipping packed-in with the company's cameras have netted it some 75 million users, making it an asset that now-bankrupt Kodak has agreed to sell off to Shutterfly for $23.8 million. The deal isn't quite done yet, with Shutterfly's offer entered as a stalking horse bid while other buyers may also submit proposals before the process is targeted to close in the spring. This is all a part of Kodak's pivot away from digital cameras and related products as it focuses on enterprise services and desktop printers instead. Under the current agreement, current gallery customers uncomfortable with being shipped off to Shutterfly will be able to opt out and either download their stored pics or buy them on DVDs. Otherwise, their accounts will be transferred in a way that is "preserved, and protected" -- that is to say, almost entirely unlike the way they're handled on iOS and Android.
Elpida files for bankruptcy protection as debts of $5.5 billion are revealed
DRAM Maker Elpida has petitioned for a corporate reorganization (the equivalent of Chapter 11 or Administration) as the company has revealed it is close to collapse. President Yukio Sakamoto is expected to resign as the scapegoat for the calamity as it files for protection at the Tokyo District Court. The company, founded in 1999 as NEC Hitachi Memory Inc. has produced DRAM Products since 2000. It founded three wholly-owned subsidiaries: Tera Probe, which conducted wafer probe testing, Akita Elpida Memory Inc. which handled the back-end processes of DRAM production and Rexchip Electronics Corp, which handled the front-end. After a blockbuster period of invention, a fall in prices and the global recession in 2006 forced the company to enter restructuring with a 30 billion Yen ($372.54 million) Government-backed loan. That swathe of cash was used to pump more money into investment and R&D, but the combination of strong Yen and the Thailand flooding has once again forced the company to come clean about its finances. It revealed today that it had debts of 448,033 million Yen, or $5.5 billion and without the protection of the court wouldn't last too much longer. Times of Japan points to the strength of Samsung's memory offerings as being a big contributor to Elpida's collapse, with president Sakamoto saying that DRAM is now as cheap as a "rice ball."
Kodak gets court approval to borrow $950 million, end theater sponsorship
Kodak took another step along the road to recovery yesterday, after receiving court approval to borrow $950 million in restructuring funds. Nearly a month after the camera maker filed for Chapter 11 bankruptcy, US Bankruptcy Judge Allen Gropper granted Kodak's request on Thursday, allowing the company to continue operations during its ongoing transition. Gropper's decision, handed down in a Manhattan court, follows a series of negotiations between Kodak and its lenders, and adds an extra $300 million to the $650 million awarded during January's Chapter 11 filing. The company is also allowed to end its sponsorship of the Kodak Theatre in Los Angeles, after successfully arguing that doing so would be in the best interest of Kodak and its creditors. Under the deal, Kodak is obliged to pay $72 million over the course of 20 years. It currently shells out $3.6 million per year and still has $38 million in outstanding payments, but Kodak's lawyers argued that the agreement was too costly. Kodak Chairman and CEO Antonio Perez issued the following statement in response to yesterday's decision: "Today's agreement is another step towards ensuring that Kodak is positioned to execute on the goals the Company set out last month: Bolster our liquidity in the U.S. and abroad, monetize our non-strategic intellectual property, fairly resolve legacy liabilities, and enable Kodak to focus on its most valuable business lines."
Apple wants to file patent lawsuit against Kodak, fully aware that Kodak's bankrupt
Poor Kodak just can't catch a break these days. Nearly a month after filing for Chapter 11 bankruptcy and mere days after shuttering its digital camera business, the sputtering company now finds itself the target of no less a behemoth than Apple. Yesterday, Cupertino's legal team asked a US Bankruptcy Court for permission to go after Kodak on two legal fronts: with a patent infringement lawsuit in a Manhattan district court, and a corollary complaint in the ITC. According to Bloomberg, Apple's patent suit focuses on technologies that Kodak uses in its line of digital cameras, printers and digital picture frames. Unfortunately for Kodak, printers are one of the product areas it recently decided to focus on, as confirmed in last week's restructuring announcement. Salt, meet wound.These two companies, of course, have been involved in an ongoing ITC battle over Kodak's image transfer technology, with the latest salvo coming last month, when the camera company launched a fresh batch of litigation against both Apple and HTC. If the bankruptcy court grants Apple's request, the company will head straight to court, in the hopes of obtaining a block against Kodak's allegedly infringing products. Kodak, meanwhile, could file a request to hold off the district level case until the ITC ruling comes through, though Apple said yesterday that it would press forward, regardless. The company was also quick to point out that it's not legally bound to request permission to sue a court-protected bankrupt company, but did so "out of an abundance of caution," which is really considerate, if you think about it.
Battery maker Ener1 files for bankruptcy, tied to Think Global's bumper
Nobody was that surprised when EV maker Think Global drove off into the Chapter 11 sunset, but now it's towed an even bigger company along with it. Ener1 invested heavily in Think and also manufactured the lithium-ion batteries for its cars, but all it got in return was a lethal $69 million hole in its balance sheet. The company was de-listed from Nasdaq last month and now it's seeking bankruptcy protection to restructure $81 million in debts. If it fails to get its finances in order, organizers of the 2014 Winter Olympics may need to look for another power source.
Kodak files Chapter 11 bankruptcy, expects to complete restructuring by 2013
Apparently suing Samsung (again) wasn't the only pressing business for Kodak today, as it just announced it has -- as expected -- filed for Chapter 11 business reorganization in New York. You can read the details in the press release after the break or at the Kodak Transforms website, where Chairman and CEO Antonio Perez is quoted saying he hopes Kodak will "emerge a lean, world-class, digital imaging and materials science company". The company has obtained $950 million debtor-in-possession financing, which it claims will provide the liquidity needed to continue operations during the restructuring. As far as its recent parade of lawsuits against Samsung, Apple and HTC, Perez comments on "monetizing non-core IP assets" so we'd assume its lawyers will stay busy going forward.
Kodak's stock price exploded after restructuring announcement
It's only January 10th and Kodak's already having a terrible year: six days ago the beloved photography company was preparing for Chapter 11, but today its stock price leapt by 45 percent (and counting). The cause? The announcement of a new plan intended to pull the troubled company into the 21st century and, more importantly, into the black. It's planning to simplify its business structure down to two divisions and reduce costs while pushing its successful range of printers. We've got the announcement after the break but hopefully we'll see the century-old company live to see another day.
The Kodak Moment it never wanted: company reportedly prepping for Chapter 11 filing
Tough to smile in times like these, folks. Barely three years after yet another staple in the photography business filed for Chapter 11, Kodak is reportedly getting its paperwork in order to do the same. The Wall Street Journal has it that bankruptcy protection is looking all the more likely in the coming weeks, as its efforts to hawk a "trove" of digital patents proved to be in vain. As it stands, the employer of around 19,000 is currently working with lenders to secure around $1 billion in debtor-in possession financing to keep it alive during the actual bankruptcy process. Should this all pan out, its portfolio of 1,100 patents would then be re-listed via a court-supervised bankruptcy auction. Oh, and to make matters worse, it warned earlier in the week that it could be delisted from the New York Stock Exchange after Kodak shares closed at under $1 for thirty straight trading days.
TerreStar makes it official, files for Chapter 11 bankruptcy
Teetering no longer. According to Reuters, satellite phone maker TerreStar has filed for Chapter 11 bankruptcy to protect itself from liabilities in the range of $1.6 billion. As expected, a restructuring is in order, with Blackstone Group LP providing financial advice for such a move. One of TerreStars' creditors, EchoStar, is offering $75 million in financing to help keep the company operate while it goes through the bankruptcy. Shame that it's the icing on the cake for its Genus, having just launched on AT&T not one month ago. Them's the breaks. [Thanks, Brian]
