Showing posts with label Bankruptcy. Show all posts
Showing posts with label Bankruptcy. Show all posts

Sunday, 16 March 2014

Quiznos Follows Sbarro to Bankruptcy Citing Growing Competition

March 15 (Bloomberg) -- Quiznos Corp., the Denver-based toasted-sandwich chain, filed for bankruptcy days after pizzeria company Sbarro LLC sought protection from creditors, as competition among fast-food restaurants grows in a tight market.
Quiznos said it’s seeking to implement a reorganization that would cut debt by $400 million. Most of its senior lenders support the plan and the chain will keep operating during bankruptcy, according to a company statement yesterday.
Competition among U.S. restaurants has been increasing as newer fast-casual chains expand quickly. Sbarro filed for bankruptcy on March 10, while the owner of Hot Dog on a Stick filed last month, as foot traffic in shopping malls dwindled and chains such as Panera Bread Co., Chipotle Mexican Grill Inc. and Subway Restaurants cut into their business.
“It’s a survival of the fittest,” Bob Goldin, executive vice president at Chicago-based restaurant researcher Technomic Inc., said in a phone interview before yesterday’s filing. “The market is not growing, or it’s barely growing, so the weak players are getting weeded out.”
Quiznos said it will seek court approval of a $15 million loan from its senior lenders to continue operations as it restructures. The company expects to execute its plan and emerge from bankruptcy on an “accelerated basis,” according to the statement. An initial hearing is scheduled for March 17 in U.S. Bankruptcy Court in Wilmington, Delaware, where the case was filed.

Earlier Restructuring

In 2012, Quiznos underwent an out-of-court financial restructuring that eliminated about $300 million in debt and gave majority ownership to billionaire Marc Lasry’s Avenue Capital Group LLC through a $150 million equity infusion and debt-to-equity swap.
Quiznos, founded in 1981, operates restaurants in all 50 states and 34 countries, according to its website. It has about 2,100 stores, all but seven of them franchised, according to yesterday’s statement.
The chain sells toasted sub-style sandwiches and recently added pasta dishes, such as chicken pesto and macaroni and cheese with bacon, to its menu.
“They expanded too fast, they had a weak franchisee network,” Goldin said. “Once the Paneras of the world came along, I think, many consumers thought that was a better quality price point. And Subway came in on the lower end and aggressively promoted themselves as fresh.”

High Unemployment

High unemployment affected Quiznos’s stores, which are found primarily in office plazas and “high-end” shopping malls, the company said in a filing.
“As the economy declined, the debtors also began to face increased competition not only from the expansion of existing competitors, but also from the new sandwich and fast casual market entrants,” according to the filing.
Quiznos Chief Executive Officer Stuart K. Mathis said in yesterday’s statement that the company plans to cut food costs, make loans available to some franchisees for improvements and invest in advertising, as well as add technology to boost efficiency.
As of March 11, Quiznos had outstanding debt of $626 million, consisting of $445 million under a first-lien credit agreement, $174 million under a second-lien agreement and $7 million under a marketing fund trusts agreement, according to Chapter 11 documents filed yesterday in Wilmington.

Proposed Plan

Under the proposed restructuring plan, holders of first- lien facility claims will get a pro-rata share of $200 million and all equity in the reorganized company, amounting to a recovery of about 43 percent to 53 percent, according to court papers. Unsecured creditors may recover all or none of their allowed claims.
As of the time of filing, 100 percent of first-lien lenders that voted on the plan accepted it, according to court papers. Lenders who voted to accept represent about 88 percent of the principal amount outstanding under the first-lien credit agreement and about 87 percent of the number of first-lien lenders, excluding insiders, according to the papers. 
The largest claim unsecured by collateral is $173.8 million under a second-lien financing facility, according to court papers. Trade creditors include bakeries and Walt Disney Co.’s ESPN.
The case is QCE Finance LLC, 14-10543, U.S. Bankruptcy Court, District of Delaware (Wilmington).

To contact the reporters on this story: Dawn McCarty in Wilmington, Delaware, at dmccarty@bloomberg.net; Leslie Patton in Chicago at lpatton5@bloomberg.net To contact the editors responsible for this story: Andrew Dunn at adunn8@bloomberg.net Charles Carter.

News Source: www.sfgate.com

Tuesday, 11 March 2014

Mt. Gox safe from U.S. suits in bankruptcy case

Mark Karpeles, chief executive officer of the bitcoin exchange Mt. Gox, gets into a taxi after leaving the Tokyo District Court on Feb. 28. Mt. Gox has filed for protection from creditors in both Japan and the United States. | BLOOMBERG.
Mt. Gox Co., the bitcoin exchange that filed for bankruptcy in Tokyo after millions of dollars’ worth of virtual currency vanished from customer accounts, won a temporary halt to lawsuits it faces in the U.S.
U.S. Bankruptcy Judge Harlin Hale in Dallas agreed Monday to shield the company’s assets from creditors and halt two suits, both of which are in their early stages. The company will return to court April 1 to seek to extend the protection until the Japanese case is resolved.
The Tokyo-based exchange filed for bankruptcy in Japan last month after losing bitcoins worth about $473 million at the time. The company said in its U.S. filing that almost 750,000 customer bitcoins and 100,000 of its own, about 7 percent of all bitcoins in existence worldwide, were missing and probably stolen.
“The facts known to date indicate that it was caused or related to a flaw in the software algorithm that underlies bitcoin, and ‘hacking’ attacks of one or more persons,” Mt. Gox Chief Executive Officer Mark Karpeles said in a sworn statement filed in the Dallas court.
The exchange was founded in 2011, two years after bitcoins first appeared. Shortly after it opened in July of that year, hackers attempted to break into the system or shut it down with so-called denial of service attacks, according to court papers.
Manhattan U.S. Attorney Preet Bharara and the FBI are probing possible criminal violations tied to the shutdown of Mt. Gox, two sources said last month. The Bitcoin Foundation, an advocacy group for the digital currency, said last month that it briefed federal prosecutors about possible theft at Mt. Gox.
A spokeswoman for Bharara, Jennifer Queliz, declined comment on whether a software flaw would effect a federal investigation, citing the office’s policy to neither confirm nor deny the existence of an investigation.
Last month, Mt. Gox was sued in federal court in Chicago by an Illinois resident accusing it of misappropriation and fraud. The company also faces a $75 million breach-of-contract suit filed by CoinLab Inc. in Washington state.
Mt. Gox filed for creditor protection Sunday in federal court in Dallas under Chapter 15 of the U.S. Bankruptcy Code, which can be used to shield assets while the main bankruptcy proceeding is carried out in another country. The petition listed about $37.7 million in assets and $63.9 million in liabilities.
Jed MacCaleb, who built the initial Mt. Gox software, owns 12 percent of the company. Tibanne Co., a Japanese company, owns the rest, court documents show.

News Source: www.japantimes.co.jp

Saturday, 1 March 2014

Bitcoin exchange Mt. Gox files for bankruptcy, hit with lawsuit

Mt Gox, once the world's biggest bitcoin exchange, filed for bankruptcy protection in Japan on Friday, saying it may have lost nearly half a billion dollars worth of the virtual coins due to hacking into its faulty computer system.
The collapse caps a tumultuous few weeks in which the company has remained virtually silent after halting trades of the crypto-currency, shaking the nascent but burgeoning bitcoin community.
Wearing a suit instead of his customary T-shirt, Mt. Gox's French CEO Mark Karpeles bowed in contrition and apologised in Japanese at a news conference at the Tokyo District Court, blaming his firm's collapse on a "weakness in our system", but predicting that bitcoin would continue to grow.
"First of all, I'm very sorry," he said. "The bitcoin industry is healthy and it is growing. It will continue, and reducing the impact is the most important point."
Angry investors have been seeking answers for what happened to their holdings of cash and bitcoins on the unregulated Tokyo-based exchange.
Gregory Greene, who estimated his bitcoin stake at $25,000, filed a lawsuit in the U.S. District Court in Chicago late on Thursday, saying Mt. Gox had failed "to provide its users with the level of security protection for which they paid.
Baker & McKenzie, a Chicago-based law firm that represents Mt. Gox, declined to comment. It is not yet clear if the firm is representing the exchange in this lawsuit.
Mt. Gox said the exchange, used overwhelmingly by foreigners, had lost 750,000 of its users' bitcoins and 100,000 of its own. At the current bitcoin price of about $565, that would total some $480 million - representing about 7 percent of the estimated global total of bitcoins.
"This may be telling for the level of traceability of the transactions. Bitcoin has been telling us that it is more traceable than cash. The question is, how much more and is there the potential for real recourse in the case of theft," said Moshe Cohen, assistant professor at Columbia Business School in New York.
Mt. Gox said there was a discrepancy of 2.8 billion yen in its bank accounts when it checked on Monday. Junko Suetomi,

Friday, 28 February 2014

Big Bitcoin Exchange Files for Bankruptcy

The company claims a loss of $473 million worth of the digital currency

A major Bitcoin exchange filed for bankruptcy protection on Friday, providing a detailed account of the estimated losses from what was one of the world’s largest exchanges for the currency.
In a news conference in Japan, a lawyer for the Tokyo-based Mt. Gox exchange said it had lost three-quarters of a million Bitcoin belonging to customers, along with 100,000 of its own. At current market prices for Bitcoin that’s an estimated loss of $473 million, the Associated Press reports. Mt. Gox listed outstanding debts of about $63.6 million against assets of about $37.7 million.
Late Monday evening, Mt. Gox’s website went blank unexpectedly, causing the value of the virtual currency to fall to around $470 from $550 in just a few hours. A leaked document revealed that a security breach had resulted in the theft of nearly three-quarters of a million Bitcoin—about six percent of all available Bitcoin. The heads of several other Bitcoin exchanges released a joint statement saying the Mt. Gox shutdown ”does not reflect the resilience or value of Bitcoin and the digital currency industry.”
The sudden implosion of an exchange that, according to the Wall Street Journal, at one time handled more than 80 percent of all Bitcoin trades has raised questions about the lack of regulations governing the currency. On Thursday, Federal Reserve chief Janet Yellen told the Senate Banking Committee that the central bank does not have the authority to regulate the digital currency.
“Bitcoin is a payment innovation that’s taking place outside the banking industry,” Yellen said. “To the best of my knowledge there’s no intersection at all, in any way, between Bitcoin and banks that the Federal Reserve has the ability to supervise and regulate. So the Fed doesn’t have authority to supervise or regulate Bitcoin in anyway.”


News Source: 
business.time.com