Circuit City files for bankruptcy
The company said it decided to file for bankruptcy protection because it was facing pressure from vendors who threatened to withhold products during the holiday period. The company also said it cut 700 more jobs at its headquarters, after announcing a week ago that it would close 20 percent of its stores and lay off thousands of workers.
Doing so “should provide us with the opportunity to strengthen our balance sheet, create a more efficient expense structure and ultimately position the company to compete more effectively,” James A. Marcum, vice chairman and acting president and chief executive, said in a statement.
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While the retail industry overall is facing what’s expected to be the weakest holiday season in decades, Circuit City’s struggles have intensified as nervous consumers spend less and credit has become tighter.
In court documents, Chief Financial Officer Bruce H. Besanko said three factors led to the bankruptcy filing: erosion of vendor confidence, decreased liquidity and the global economic crisis.
“Without immediate relief, the company is concerned that it will not receive goods for Black Friday and the upcoming holiday season, which could cause irreparable harm to the company and its stakeholders,” Besanko said in the filing.
The company’s biggest creditors are its vendors: Hewlett-Packard has a $118.8 million claim followed by Samsung ($115.9 million), Sony ($60 million), Zenith ($41.2 million), Toshiba ($17.9 million) and others. Smaller creditors include GPS navigation system maker Garmin, Nikon, Lenovo, Eastman Kodak and Mitsubishi.
Stifel Nicolaus & Co. analyst David Schick said in a note to investors that since
But Stephen Lubben, the Daniel J. Moore professor of law at
Lubben said it has the added burden of facing Chapter 11 at a difficult time for retail.
Meanwhile, Deutsche Bank analyst Mike Baker told investors that consumers learning about
Circuit City Stores Inc. announced a week ago it planned to close 155 of its more than 700
“This isn’t a surprise,” JPMorgan analyst Christopher Horvers said of the bankruptcy filing, adding that the reorganization could help the company get out of leases for certain bad store locations.
“At the end of the day I think it’s really about an inventory position,” Horvers said. “If they can get inventory into the stores, I can think they’ll remain competitive.”
Horvers also found it encouraging that the company was able to secure financing.
Loans to operate while in bankruptcy are called debtor-in-possession, or DIP, loans.
“That’s a big DIP in the current market,” said John Penn, a partner at law firm Haynes & Boone who is not involved in the case. “To secure that size DIP now is quite a achievement. With the news of the cuts last week — and vendors wanting to know they can get paid — having a recognizable source like a DIP can calm a lot of vendor concerns.”
The company said in its filing that it had $3.4 billion in assets and $2.32 billion in liabilities, as of Aug. 31.
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