Retail Relief: Amend the UCC to End the Filing Requirement to Perfect Consignment Interests

Placing goods on consignment is a common occurrence in retail, but to perfect those goods, consignors are required to file with the UCC and give notice to other secured parties. Many consignors fail to follow this procedure and end up as unsecured creditors if the retailer files for Chapter 11. Stephen Selbst argues it is time to change the law.

January/February 2018

January/February 2018
Bankruptcy
Vol. 16, No. 1

Vitamin World to Liquidate, SSG To Advise

Despite DIP financing from Wells Fargo, a distraught Vitamin World is heading for liquidation. ABF Journal illustrator Jerry Gonzalez shows the company getting a little help from its friends at SSG Advisors.

When Is a Consignment Not a Consignment? A Look at the Ongoing Sports Authority Bankruptcy Case

In the world of bankruptcy, the definition of “consignment” is not as simple as it would seem. In the ongoing Sports Authority bankruptcy case, the company is trying to remain afloat by selling merchandise it obtained on consignment. The consigners, of course, want to be paid, as do the company’s lenders. Judge Cyganowski reviews the case, which has not yet been resolved, and explains the complexities of consignment.

ABI 2017 Chapter 11 Review: Large Company Filings Down, Retail & Oil Still Show Distress

Although a parade of Chapter 11 filings by major retailers grabbed the headlines in 2017, Samuel Gerdano and Ed Flynn of the American Bankruptcy Institute point out that, overall, large company filings were down compared to the previous two years. They predict 2018 will offer more of the same.

View from the Bench: One of the Nation’s Top Bankruptcy Judges Analyzes the Chapter 11 Landscape

Chapter 11 in 2017 seemed to be a paradox. On one hand, every day seemed to bring news of a national retailer filing for protection. On the other hand, the American Bankruptcy Institute, which monitors Chapter 11 commercial filings, contends that there were fewer filings because of the high cost. The Honorable Michael B. Kaplan, U.S. Bankruptcy Judge for the District of New Jersey, provides unvarnished answers to ABF Journal’s questions about the state of Chapter 11 today.

December Chapter 11 Filings Up Sharply; Full Year Up 6%

The American Bankruptcy Institute reported December Chapter 11 filings were 699, up 107% from the previous year. Calendar year 2017 Chapter 11 filings were 5,744, a 6% increase from 5,447 filings in 2016.

June Commercial Chapter 11 Filings Rise 16%, 2017 Down 7% Overall

According to the ABI and Epiq Systems, total commercial Chapter 11 bankruptcies for the month of June 2017 increased 16% but commercial Chapter 11 filings have dropped 7% in 2017 overall.

It’s All in a Name: Brands and Trademarks as Loan Collateral

Branding has become the buzz word of the 21st century for marketers promoting their products. But brands themselves have value and can be used as collateral when structuring a loan. Hugh Larratt-Smith explains how these loans are created and explores the successes and the pitfalls of lending against brands.

Workout Considerations to Make 2017 “A Happy New Year”

Even lenders who exercise the most thorough due diligence sometimes have to exit their loans. Turnaround specialist Ken Mann offers tips to help lenders make smart decisions in 2017.