On the heels of an array of retail bankruptcy filings in 2016, New York-based designer Bibhu Mohapatra and retailers The Limited, Wet Seal, and most recently, Payless, all filed for Chapter 11 protection early 2017, and were swiftly followed by a handful of additional filings by other retailers, signaling that there is no end in sight to the constant string of fashion and other retail companies struggling financially.
Some of the most recent retail bankruptcies have been those of the traditional mall retailers, whose businesses have suffered significantly in light of fast fashion's growth. Moreover, market giants, such as Wal-Mart and Target have wiped out a number of other companies, who were unable to compete with their pricing power and general reach. And as noted by many sources, any existing retail problems only increased when Amazon arrived on the scene.
For the uninitiated, Chapter 11 bankruptcy – one of the most commonly utilized forms of bankruptcy – allows a company to continue operating while it executes a reorganization plan. Chapter 11 can take a number of forms, but in short: A chapter 11 case begins with the filing of a petition with the bankruptcy court by the debtor (the entity that owes the debt – aka the retailers in the cases at hand). This is followed by the debtor proposing and executing a reorganization plan, which may be used to compromise or even eliminate certain classes of debt.
All the while, the debtor usually remains in possession of his assets and continues to operate any business, subject to the oversight of the court and the creditors committee. Typically, a company that has filed for Chapter 11 bankruptcy trying to stay in business, and as indicated below, this complex proceeding can be very effective in solving short term business problems in an otherwise viable company or winding down a company with valuable assets.
Here is a look at some of the most recent retail-related filings, as well as some significant ones dating back a bit further.
June 2018 - J. Mendel
New York-based brand J.Mendel, which has been in and out of court over the past year battling over outstanding bills, filed for Chapter 11 protection in U.S. bankruptcy court in New York. “Restructuring the company’s debts will allow J.Mendel to face the current challenging luxury retail environment, and I am confident that this will allow the company to move forward with renewed financial stability, allowing us to focus on crafting the best designs for our devoted clientele,” said John Georgiades of Stallion Inc., J.Mendel’s controlling investor.
May 2018 - Carven
Carven and its parent company, Société Béranger, have filed a voluntary petition with the Commercial Court in Paris in a preceding that mirrors Chapter 11 bankruptcy, in order to remain in business, while it reorganizes and establishes a plan to pay off its creditors.
As a result of its filing in French court, Carven has been “put into receivership,” a legal proceeding in which companies are placed into the responsibility of a legally-appointed individual, who acts as custodian of its assets and/or business operations. Carven is looking for a buyer.
May 2018 - Rockport Group
Footwear group Rockport has filed for Chapter 11 protection. Newton, Massachusetts-based Rockport Group will sell its assets to private equity group Charlesbank under a bankruptcy plan as the shoemaker struggles to compete in a tougher retail market. With brands that include Aravon, Dunham and Rockport, the group says it will maintain operations through the sale process to stalking horse bidder Charlesbank.
Rockport was founded in 1971 as The Rockport Co. and eventually became part of Adidas before being sold again.
April 2018 - Nine West
U.S. footwear and apparel company Nine West Holdings Inc filed for bankruptcy and said it will sell its Nine West and Bandolino footwear and handbag business to Authentic Brands Group. Nine West, which owns brands such as Anne Klein and Gloria Vanderbilt, said it had received $300 million in debtor-in-possession financing and had entered a restructuring agreement.
Update (June 11, 2018): Authentic Brands Group LLC, which owns Juicy Couture, Judith Leiber, Herve Leger, and Nautical, among other brands, has reportedly won the auction for the intellectual property of bankrupt U.S. shoe and accessories company Nine West Holdings Inc with a revised bid of about $350 million.
March 2018 - Claire's Stores
Claire’s Stores Inc. filed its long-awaited Chapter 11 petition for bankruptcy court protection. The classic mall store, which says it has pierced more than 100 million ears around the world, reached a restructuring agreement with its creditors. In a Chapter 11 bankruptcy filing on Monday, Claire's said it will reduce its debt by $1.9 billion. It held $2.1 billion in debt at the end of 2017.
February 2018 - Charlotte Olympia
Accessories brand Charlotte Olympia has filed for Chapter 11 bankruptcy protection in Delaware bankruptcy court. Founded in 2007 by Charlotte Olympia Dellal, the brand has "an estimated the value of their assets at $3.26 million, dwarfed by liabilities of $19.2 million," per Footwear News. In a declaration filed with the courts, chief restructuring officer William Kaye said Charlotte Olympia’s U.S. outposts — consisting of four locations in New York, California, and Nevada — had historically been unprofitable.
Through bankruptcy, the brand plans to liquidate inventory and close all stores.
December 2017 - Charming Charlie
Fashion jewelry chain Charming Charlie filed for Chapter 11 bankruptcy and entered into a restructuring agreement with lenders and equity sponsors. The retailer said it had secured $20 million in debtor-in-possession financing from a majority of its existing term loan lenders and entered into a $35 million asset backed loan with current lenders.
November 2017 - Styles for Less
Styles for Less filed for Chapter 11 bankruptcy, hoping to avoid the rapidly expanding graveyard of mall retailers as the internet wreaks havoc. The company, known to many of its fans as Styles, filed for court protection from its creditors in the U.S. Bankruptcy Court Central District of California. Anaheim, Calif.-based Styles cited a range of $10 million to $50 million in assets and the same range of liabilities.
September 2017 - Aerosoles
Women’s shoe retailer Aerosoles Group has confirmed that it filed for Chapter 11 bankruptcy protection, listing assets of $10 million to $50 million and liabilities of $100 million to $500 million. Aerosoles’ holding company AGI HoldCo Inc said it would continue to manage its stores and operate its businesses as “debtors in possession" and will significantly reduce the number of stores as part of the restructuring in an effort to realign the business with the changing marketplace environment.
August 2017 - Perfumania
Mall-based retailer chain Perfumania Holdings Inc. has sought chapter 11 protection with plans to reorganize around its better-performing stores. “Unlike many retailers who have filed for bankruptcy, Perfumania sees a viable path forward,” Chief Executive Michael Katz said in court papers filed Saturday.
July 2017 - Alfred Angelo
The major bridal dress chain abruptly closed an array of its stores in July leaving brides and bridesmaids dress-less, panicked, and in limbo. Alfred Angelo – a Florida-based company that stocks at nearly 1,400 boutiques across the U.S. and internationally, including self-owned and operates stores in Los Angeles, New York, Chicago, Miami, and D.C. – has since confirmed the store closures and that it has filed for bankruptcy protection.
July 2017 - True Religion
U.S. denim retailer True Religion Apparel confirmed that it has filed for bankruptcy protection and signed a restructuring agreement with a majority of its lenders. True Religion, a company whose denims have gradually fallen out of style, filed for creditor protection under Chapter 11 in the U.S. bankruptcy court in the District of Delaware, and listed assets and liabilities in the range of $100 million to $500 million.
June 2017 - Papaya Clothing
Teen apparel seller Papaya Clothing has filed for Chapter 11 bankruptcy protection. The privately held California-based company, which maintains a network of 80 brick-and-mortar stores and about 1,300 employees, said in its filing that its financial difficulties came from competition from e-commerce and a poorly timed expansion, according to the Wall Street Journal. Opening its first store in 1999, Papaya added about 50 new stores in the last six years. The expansion took “a heavy financial toll” and significantly increased operating expenses, court papers stated.
May 2017 – Rue21
U.S. teen fashion retailer Rue21 Inc filed for Chapter 11 protection on Monday in the Western District of Pennsylvania bankruptcy court.The retail chain, which sells budget-priced clothing and accessories at over 1,100 stores across the United States, listed assets and liabilities in the range of $1 billion and $10 billion, according to the court filing.
April 2017 – Jaeger
British brand Jaeger has gone into administration, following confirmation from the brand it filed a notice of intention to appoint administrators. According to the BBC, Jaeger, which was founded in 1884 and has counted actresses and Kate Middleton among its fans, has struggled to keep up with rivals, such as Burberry, or see off competition from fast-fashion chains including Zara and H&M.
April 2017 – Payless, Inc
Payless filed for Chapter 11 bankruptcy in St. Louis, listing liabilities of $1 billion to $10 billion and citing a plan to immediately close about 400 underperforming stores in the U.S. and Puerto Rico. “This is a difficult, but necessary, decision driven by the continued challenges of the retail environment, which will only intensify,” Chief Executive Officer W. Paul Jones said in a statement.
March 2017 – BCBG Max Azria
BCBG, a venerated contemporary brand, which has been a major force in the Los Angeles fashion industry for nearly 30 years, filed for bankruptcy in a third attempt in two years to rescue the business hit hard by changing consumer habits. According to its bankruptcy filing, BCBG is rejecting a number of store leases and closing 120 unprofitable stores that racked up $10 million in losses during fiscal 2016. These stores made up 63 percent of BCBG’s total losses from retail locations with negative contribution margins, the company said in U.S. Bankruptcy Court filings in New York.
Some lenders have agreed to loan the company $45 million to help it get through bankruptcy. That loan must be approved by the judge in the case. BCBG owes lenders about $459 million.
February 2017 – Wet Seal (Round 2)
Wet Seal filed for bankruptcy protection in early February, following reports that the struggling teen apparel retailer had closed all its stores after it was unable to find a buyer. It has since asked the Delaware bankruptcy court to approve an auction for its intellectual property, including its name and assets connected to its website.
January 2017 – The Limited
The Limited filed for Chapter 11 bankruptcy in January. Parent company Limited Stores LLC has agreed to a "stalking horse" bid for its intellectual property and some related assets from an affiliate of private equity firm Sycamore Partners. The company announced that all 250 brick-and-mortar stores will be closed.
NOW: After shuttering its brick-and-mortar stores, the company has also “temporarily closed” its website, writing, “Please know that it has been such an honor to provide fashion for you and other strong, confident women for more than 50 years.” In addition, the retailer noted that all orders not already shipped have been canceled.
January 2017 – Bibhu Mohapatra
The New York City-based designer, Bibhu Mohaptra, filed for bankruptcy in early 2017, telling the Wall Street Journal that he plans to continue operations and he feels the debt restructuring will make his company more attractive to investors. Mohapatra also said the restructuring will allow him to start a more affordable second collection.
NOW: Bibhu Mohapatra staged its regularly-scheduled Fall/Winter 2017 runway show during New York Fashion Week.
December 2016 – Yogasmoga
New York-based athletic apparel firm Yogasmoga filed for Chapter 11 in a bankruptcy court in Manhattan, following an involuntary Chapter 7 bankruptcy in November. Despite its pure-digital start, Yogasmoga soon took its yoga clothing to two brick-and-mortar stores in 2015, upping up its physical network in ten shops during the past twelve months. Many stress that the founders’ liking for expensive artisan fabrics and costly photography, together with its rapid expansion set the project to fail.
NOW: The yoga company has closed all of its stores except one, which is located in San Diego. “The brand and product is still connecting very strongly with the consumer, so we are shrinking our footprint to online and taking Yogasmoga forward with a smaller footprint online and through the La Jolla store,” the company’s founder, Rishi Bali, said in an email.
November 2016 – American Apparel (Round 2)
American Apparel filed for its second bankruptcy protection in just over a year in November 2016, weighed down by intense competitive pressures facing U.S. teen retailers and a rocky relationship with its founder. The second bankruptcy came as the retailer struggles to overcome years of losses and rising online competition.
NOW: Canadian apparel maker Gildan Activewear won a bankruptcy auction to buy American Apparel’s manufacturing equipment and intellectual property rights for $88 million in cash. The Canadian company beat out other reportedly interested parties, such as Forever 21 and Amazon. American Apparel stores are currently offering steep discounts to clear out leftover merchandise, and all 110 will shutter.
November 2016 – Nasty Gal
Nasty Gal has had a rough couple of years: It cut jobs in both 2015 and 2016, and founder Sophia Amoruso ceded the role of CEO at the beginning of 2016. The company had also been on the receiving end of an array of lawsuits in recent years, both from former employees, who have all cited various forms of discrimination, and intellectual property rights holders, including jewelry designer Pamela Love, who filed a copyright infringement suit against Nasty Gal in summer 2016.
In November, Nasty Gal’s lender, Hercules Technology Growth Capital Inc, a Palo Alto-based lender to venture-backed firms, rejected additional proposals from the brand, which requested a loan just two days into its bankruptcy filing. The brand, instead, filed for Chapter 11.
NOW: Online retailer Boohoo.com purchased Nasty Gal for $20 million as a stalking horse bidder. Per WWD, “they did not include the company’s two Los Angeles area store leases.”
May 2016 – Aeropostale
Aero, like other moderately priced brands, was rocked by the fast fashion stars like H&M, Zara and Forever 21 responding to fashion trends at warp speed, with very cheap price tags to boot, leaving older brands in the dust. Aeropostale filed for Chapter 11 and planned to close more than 100 stores. This came shortly after shares in the company were delisted by the New York stock Exchange in April.
NOW: The mall brand exited Chapter 11 in September 2016 – with only 229 stores, as opposed the approximately 800 they previously boasted. They are now owned in part by mall operators Simon Property Group and General Growth Properties, who jointly bid $243 million.
April 2016 – Pacific Sunwear
Once a staple merchant of California cool, PacSun wasn't able to adapt as fashion trends left surfwear behind and over-expansion sapped its resources. It amassed crippling debt as it recorded losses each year since 2008. Every effort at reinvention failed, and the company filed for bankruptcy, as the company's shares were down 96 percent over the previous 12 months.
NOW: PacSun restructured and emerged from bankruptcy in September, under new ownership of Golden Gate Capital. The brand has seen a boost in online sales.
January 2016 – Joyce Leslie
Under pressure from a fiercely competitive market and the rise of e-commerce, New Jersey-based women's apparel retailer Joyce Leslie Inc. began looking for a buyer to stave off liquidation, having filed for Chapter 11 bankruptcy after a sharp decline in revenue.
NOW: Unable to find a buyer after 30 days, Joyce Leslie closed all stores in February last year. CEO Celia Clancy said in a statement, “Unfortunately, our efforts to find a strategic partner to help save the business were not successful. We are saddened to say that we now have to close our doors after 65 years.”
December 2015 – Tamara Mellon
The 48-year-old launched her eponymous accessories label in 2013 after co-founding luxury shoe label Jimmy Choo. Her designs were stocked at Net-a-Porter.com and included ready-to-wear pieces as well as shoes and handbags. She filed for Chapter 11 in December 2015.
NOW: Tamara Mellon relaunched her brand in Los Angeles in mid-2016, selling shoes and handbags exclusively on her own site.
October 2015 – American Apparel (Round 1)
American Apparel filed for its first round of bankruptcy in the fall of 2015, after announcing in August that it might not have enough capital to sustain operations for 12 months. The Los Angeles-based company, which confirmed that it had not made a profit since 2009, joined a growing number of U.S. retailers selling to teens and young adults that have been unable to adjust to changing spending patterns and intensifying competition. The company said its stores and manufacturing operations would continue to operate normally under a restructuring deal reached with most secured lenders.
NOW: See above.
September 2015 – Quiksilver
Shares in Quiksilver plunged almost 80 percent in 2015 as the company wrestled with both shipping and accounting issues, and then filed for bankruptcy. It was forced to delay its first-quarter earnings report in March due to a "revenue cut-off issue," and CEO Andy Mooney left the company that same month.
NOW: Quiksilver was revived thanks to a $50 million investment by Oaktree Capital Management LP. Most recently, Quiksilver partnered with New Schoolers to host a talent-seeking ski competition.
April 2015 – Frederick’s of Hollywood
Known for its racy women’s lingerie, Frederick’s of Hollywood filed for bankruptcy after closing all its stores and reaching a deal to sell the company as an online-only venture to Authentic Brands Group LLC. The previous year, Frederick’s was taken private for about $24.8 million by investors led by a unit of New York-based Harbinger Group Inc. – at the time of the deal, Frederick’s had 94 women’s clothing stores; at its height it had more than 200.
NOW: Per the deal with Authentic Brands Group LLC, Frederick’s now operates exclusively online.
March 2015 – Karmaloop
Weighed down by millions in debt and by poor business ventures, the Boston streetwear company, Karmaloop Inc., filed for Chapter 11 bankruptcy in March 2015.
NOW: Although Kanye West and hip-hop entrepreneur Dame Dash expressed interest in buying a majority stake in the company, ultimately only West Palm Beach, FL-based Comvest Partners and Chicago-based CapX Partners bid to save the company.
February 2015 – Cache
The women’s clothing chain known for helping popularize Armani designs in the U.S. filed for bankruptcy as the sector struggled with growing competition and lower spending by teen shoppers. Cache listed assets of $10 million-$50 million and liabilities of $50 million-$100 million. The mall based retailer, which had 218 outlets, had not reported a profit in the previous nine quarters.
NOW: Cache ended all business operations and closed all stores. According to the brand's site: "Under previous ownership, Cache went out of business and closed all stores. Next steps for preserving the well-known Cache brand are being explored under new ownership.”
January 2015 – Wet Seal (Round 1)
Wet Seal (like other similar chains) filed for bankruptcy at the end of 2015, hurt by stores like H&M and Forever 21 that woo young people with fast-changing selections of low-priced fashion. Immediately prior, Wet Seal announced that it was closing about 338 stores, or two-thirds of its total. Private equity firm Versa acquired the Wet Seal brand in April 2015, announcing that it would maintain its headquarters and continue operating its 173 stores and growing its online platform.
NOW: See above.
December 2014 – Deb Stores
The Philadelphia-based operator of Deb Shops filed for bankruptcy in December 2014, blaming a shortage of capital. “Deb’s recent performance has been strained due to a combination of factors, including historic lack of capital invested in business resulting in old, tired stores with unfavorable mall traffic trends and general weakness in the competitive juniors’ space,” Chief Executive Officer Dawn Robertson said in court papers.
NOW: Deb Stores has revamped itself into an e-commerce only business, selling exclusively on its own website.
December 2014 – dEliA*s
Delia’s was another clothing retailer that filed for bankruptcy in 2014, citing stagnating shopping-mall traffic and consumers looking to the Internet for bargains.
NOW: Delia’s has revamped itself into an e-commerce only business, selling exclusively on its own website.
July 2014 – Love Culture
Founded in 2007 by former Forever 21 executives Jai Rhee and Bennett Koo, Love Culture launched as a brand aimed at women in the 18-to-35 age range. The company had 82 brick-and-mortar stores stretching from Massachusetts to Hawaii at the time of filing for bankruptcy. In its filings, Love Culture said it “plans during the bankruptcy process to close money-losing stores, restructure its debt and investigate options ‘including a possible sale of substantially all of its assets as a going concern.’"
NOW: The company has since revamped as an online-only retailer.
March 2014 – Ashley Stewart
According to a statement from the company upon filing for bankruptcy, Ashley Stewart began suffering financially in 2012 due to a decline in revenue and profitability. While the company brought on “new senior management and refocused its merchandizing and e-commerce efforts,” it was forced to file for bankruptcy nonetheless.
NOW: The company maintains a network of brick-and-mortar stores throughout the U.S., and also sells online by way of its own e-commerce site.
December 2013 – Loehmann’s (Round 3)
Loehmann's filed for its latest round of Chapter 11 bankruptcy protection in federal bankruptcy court, indicating its plans to sell its remaining assets in an auction subject to the court's approval. Executives with the retail chain, which operated fleet of 39 stores at the time, estimated the company was carrying $100 million in debt, an amount either equal to or greater than the value of its assets.
NOW: According to Loehmann’s, the company “is back, and here to stay.” It operates exclusively online.
July 2013 – Nicole Farhi
Three years after Nicole Farhi and Steven Marks sold off the label they launched together (and one year after Farhi ceased all work for the brand), the company filed for bankruptcy in the UK. According to analyst Peter Saville, a partner at Zolfo Cooper, "As with many other fashion retailers, the decline in high street spend coupled with rising costs has led to increased financial pressures on the business.”
NOW: The brand – sans Ms. Farhi – maintains stores in London and sells through Harvey Nichols and its own e-commerce site.
August 2012 – Betsey Johnson
Betsey Johnson, who started her eponymous label in 1978, filed for bankruptcy after being “bogged down in five-year projections." She further noted: “Or maybe it all began when stores started knocking off my $250 prom dresses for $49." Johnson's partner Steve Madden stated that the company "had delusions of building a huge company and going public. So they borrowed a lot of money, they had too many stores, and their rents were too high."
Johnson filed for bankruptcy and closed all of her 63 stores after falling into millions of dollars into debt. In 2013, Johnson returned to New York Fashion Week to celebrate the launch of her new collection, intended to “hit department stores and retailers at affordable prices.”
NOW: Betsey Johnson currently maintains its own e-commerce site, where it sells garments, accessories, and home goods. It also sells via Macy’s, Dillard’s, and other similarly situated retailers.
April 2012 – Aquascutum
Troubled British clothing label Aquascutum – which was launched as a menswear brand in London in 1851 and family-owned until 1990, entered into administration. Following “challenging conditions in the UK,” the brand hoped for a turnaround in the company's fortunes, but were derailed further by the fact Aquascutum's royalty rights for the Asian market, a high growth area for luxury goods, have belonged to Hong Kong's YGM Trading since 2009.
NOW: Aquascutum was acquired by a Chinese consortium in 2016 for $120 million. In 2015 the brand closed 14 of its stores in China amid declining sales, but opened one in Europe. In the UK, its three remaining standalone stores are in Westfield London, Great Marlborough Street and Jermyn Street.
November 2010 – Loehmann’s (Round 2)
Discount apparel retailer Loehmann’s sought bankruptcy protection after its Dubai government-linked owner failed to reach a debt-extension deal with creditors.
NOW: See above.
April 2010 – Rock & Republic
Rock & Republic filed for Chapter 11 bankruptcy in hopes that restructuring would enable the Los Angeles-based denim company to “ease pressures on its balance sheet.” The brand, which sold its wares at upscale stores such as Saks Fifth Avenue and Bloomingdale's and collaborated with celebrities such as Victoria Beckham, cited assets between $50 million and $100 million and liabilities of $10 million to $50 million.
NOW: Under a long-term licensing agreement with VF Corp. – which bought Rock & Republic's trademarks at a bankruptcy auction last March – VF is manufacturing Rock & Republic's denim component, with Kohl's design and sourcing teams responsible for the rest of the apparel categories. The line is now sold exclusively at American department store retailing chain, Kohl’s.
October 2009 – Yohji Yamamoto
Yohji Yamamoto’s label began to experience financial trouble when “fashion conscious Japanese women turned to cheaper casual clothes amid the economic slump. In contrast to high-end fashion houses like Yamamoto, demand for low-cost clothes was booming in Japan” during the first decade of the 2000’s. Saddled with a $76 million debt, Yamamoto filed for bankruptcy protection in Japan.
NOW: Yohji Yamamoto regularly shows during Paris Fashion Week, with stockists including FarFetch, Lyst, and FWRD, and brick-and-mortar stores worldwide.
August 2009 – Escada
Following a 70-million-euro loss for the 2007/2008 financial year, Escada reported further losses with Chief financial officer Markus Schuerholz stating in early 2008 that the company was in danger of insolvency. After an emergency stock swap plan intended to save the company from bankruptcy failed to find sufficient backing among investors, the company filed for bankruptcy.
NOW: The German label – under the creative direction of Daniel Wingate – recently released its Pre-Fall 2017 collection.
May 2009 – Christian Lacroix
Lacroix's fashion house operated at a loss every year since it was founded in 1987 under the umbrella of luxury conglomerate LVMH Moët Hennessy Louis Vuitton. LVMH's plan was to create a fashion house which would sell products from haute couture to handbags and perfume. But Lacroix never had a hit perfume or an “it” bag.
In 2005 LVMH sold the firm for a nominal sum to the Falic Group, owner of Duty Free Americas, a retail chain. Lacroix persuaded the Falic Group to take the brand further upmarket. The new owners closed two cheaper but profitable lines, Jeans and Bazar, and raised prices for ready-to-wear. Per Forbes, “after 22 years of bucking trends and ignoring the bottom line, Christian Lacroix filed for the equivalent of Chapter 11 bankruptcy protection in France.”
NOW: Lacroix, himself, is consulting and working as a costume designer for some of Europe’s top cultural institutions. The brand, which no longer stages runway shows or sells runway garments, sustains itself through the sale of Christian Lacroix branded home goods.