Is Sears About To File Bankruptcy?

Attorney Ed WoodsYes, I am referring to that Sears – the giant retailer. According to an article this week in TheStreet, Sears reportedly has “significant default risk” within the next one to two years. This would likely lead to a bankruptcy filing under either Chapter 7 liquidation or Chapter 11 reorganization. A Chapter 7 filing would mean that Sears would liquidate its assets in order to pay creditors while a Chapter 11 filing would be aimed at staying in business and trying to come out of bankruptcy in a much better financial condition.

Declining Sales

So, what’s going on? According to the article in TheStreet, Sears is suffering from declining sales. The company’s store traffic has been down for several years now. Debt has been rising and the company has seen its cash flow decline significantly. This is not good news for Sears because the company has bonds and loans coming due within the next few years. The declining cash flow could make it impossible for Sears to meet these obligations. Reportedly, Sears is expected to spend $1.6 billion to $1.8 billion in cash this year. This continues a pattern of the company spending significant amounts of cash over the past several years. TheStreet reports that Sears’ cash position is currently down to $276 million from $1.8 billion just a year ago.

Toy Distributors are Nervous

All of this is making toy makers nervous about how much to ship to Sears for the upcoming holiday season. It is estimated that Sears may account for up to 2% of retail toy market in the United States. So, while toy makers want to ship their product to Sears for sales to toy consumers, these toy companies are also worried about getting paid themselves. According to the article, the toy industry has had two strong years and 2016 has been good so far. So, naturally, the toy manufacturers want a strong finish to 2016 as well.

And, as if Sears didn’t have enough on its plate, the company is experiencing an accelerating rate of the selling off of its shares by investors. This problem is most recently aggravated by the company’s negative second quarter results. Shares are down by 20%. Investors are clearly not feeling too good about Sears’ viability.

So, all of this certainly may lead to a bankruptcy filing by Sears next year. Perhaps if the company can achieve strong sales over the upcoming holiday season and begin reversing its declining sales problem, Sears will at least be able to avoid a bankruptcy liquidation. Then perhaps a bankruptcy reorganization would be in order and Sears can stay with us for a while to come. But, for now, we’ll have to see what the future brings. Let’s hope it’s a good one.

 

Share This Page

Bond & Botes Law Offices

At Bond & Botes, we now offer full service bankruptcy consultation and filing over the phone or by video from the comfort and safety of your home or office. Please call 1-877-581-3396 or click here to setup your free phone or video consultation.

The lawyers at the Bond & Botes affiliated offices serve clients at offices in Anniston, Birmingham, Mobile, Montgomery, Opelika, Decatur, Huntsville, Florence, Haleyville and Gadsden, Alabama; Vicksburg, Hattiesburg and Jackson, Mississippi. Read our disclaimer here. You can view our Privacy Policy here.

Alabama Offices

Birmingham

2107 5th Avenue North
Age-Herald Building
Birmingham, Alabama 35203
Phone: (205) 802-2200


Shelby County Location
15 Southlake Lane, Ste 140
Birmingham, AL 35244
Phone: (205) 802-2200


Florence Location
121 S. Court Street
Florence, AL 35630
Phone: (256) 760-1010


Huntsville Location
225 Pratt Avenue NE
Huntsville, AL 35801
Phone: (256) 539-9899


Montgomery Location
311 Catoma Street
Montgomery, AL 36104
Phone: (334) 264-3363


Decatur Location
605 Bank Street
Decatur, AL 35601
Phone: (256) 355-2447


Haleyville Location
914 19th St.
Haleyville, AL 35565
Phone: (205) 486-3580


Gadsden Location
430-B Chestnut Street
Gadsden, AL 35901
Phone: (256) 485-0195


Opelika Location
216 South 8th Street
Opelika 36801
Phone: (334) 887-7666


Anniston Location
1302 Noble St #2C
Anniston, AL 36201
Phone: (256) 344-3559


Cullman Location
200 Second Avenue SW
Cullman, AL 35055
Phone: (256) 739-9866


Mississippi Offices

Jackson Location
120 Southpointe Dr., A
Byram, MS 39272
Phone: (601) 353-5000


Hattiesburg Location
607 Corinne St, Ste B8
Hattiesburg, MS 39401
Phone: (601) 264-7200


Vicksburg Location
1212 Farmer Street
Vicksburg, MS 39180
Phone: (601) 353-5000

© 2024 by Bond & Botes Law Offices. All rights reserved. Disclaimer | Privacy Policy