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CIT Group plummets on going concern doubts, Chapter 11 threat

As if there weren't sufficient causes already to refer to CIT Group (NYSE: CIT) as "beleaguered," the list just got longer. This morning, the financial services firm delayed filing its second-quarter report with the Securities and Exchange Commission (SEC), citing the ongoing restructuring of its debt as a mitigating factor.

Specifically, CIT told the regulatory agency that it could not meet Monday's 10-Q deadline "without unreasonable effort and expense," since executives have been spending most of their time lately attending to restructuring needs. The company is expecting a second-quarter loss in excess of $1.5 billion, thanks in large part to a loss totaling $2.1 billion from its discontinued home-lending operations.

Continue reading CIT Group plummets on going concern doubts, Chapter 11 threat

General Motors yanks the hybrid Malibu, warns common shareholders

Downtrodden General Motors (OTC: GMGMQ) is throwing in the towel on its 2010 hybrid-electric Chevy Malibu, according to a report in The Wall Street Journal (subscription required). Due to weak demand among retail customers, dealers have stopped ordering the car, and the automaker is currently choking on a backlog of the unpopular hybrids.

To drive home the point, the Journal quotes Joe Menegos, the sales manager at a National City, Calif., dealership, as saying, "We could care less" that the hybrid Malibu is being deep-sixed.

Continue reading General Motors yanks the hybrid Malibu, warns common shareholders

US bankruptcy filings are still climbing at the highest rate since 2005

US bankruptcies in the first quarter were the highest since 2005. You might ask what happened in 2005 to cause a high bankruptcy rate? In that year there were a rush of bankruptcies ahead of a new bankruptcy law that was designed to curb abuses. The law took effect in October 2005.

Now to the present. Let's look at the numbers:

  • There were 330,477 filings in the first quarter, up 10% from the previous quarter and up 35% from a year earlier.
  • The Administrative Office of the US Courts reported that consumer filings were up 33%, while business filings were up a whopping 64%

Continue reading US bankruptcy filings are still climbing at the highest rate since 2005

Hedge funds break off talks with Treasury Department about Chrysler debt

Early this morning, the Associated Press reported that talks between Chrysler's lenders and the Treasury Department had "disintegrated." The parties were trying to lower Chrysler's $6.9 billion in secured debt, a move that many hoped would stave off bankruptcy.

It appears that the hedge funds (roughly 40 of them) that hold roughly 30% of Chrysler's debt are looking for a deal better than the one struck between the banks and the government. The four banks that hold 70% of the automaker's debt agreed to erase that debt for $2 billion -- the hedge funds want more.

Continue reading Hedge funds break off talks with Treasury Department about Chrysler debt

General Growth Properties files for bankruptcy protection

Early this morning, mall owner and operator General Growth Properties announced that it filed for bankruptcy protection. The company noted that it couldn't "reach an out-of-course consensus" on how to deal with its debt. Roughly 158 regional shopping centers also filed for bankruptcy protection.

In February, GGP's past due debt totaled $1.18 billion and another $4.1 billion debt could be accelerated. The company expects to pursue a plan of reorganization that should extend mortgage maturities and cut the firms corporate debt. GGP received a commitment for a debtor-in-possession financing facility of roughly $375 million from Pershing Square Capital Management.

Continue reading General Growth Properties files for bankruptcy protection

General Growth Properties: Too bad to fail and possible happy ending?

It's a rough time to be a shopping center company and, arguably, General Growth Properties (NYSE: GGP) is in the worst shape of the lot. The company faces a whopping $27 billion in maturing debt coming due over the next four years. On Friday, Feb 20, it announced it had defaulted on loans. The Piqqem Sentiment on the company is negative. Shares that traded over $60 per share two years ago are now below 50 cents and are a favorite football of speculators betting that the syndicate of lenders will throw GGP a lifeline rather than eat the bankruptcy costs.

There might be a happy ending to this story, however. The company reports earnings on February 23 and it will certainly be an interesting report -- most likely grim numbers as staggering retailers pass on their shopping plague to the biggest shopping center landlord.

Continue reading General Growth Properties: Too bad to fail and possible happy ending?

Is General Growth Properties bankrupt yet?

Mall operator General Growth Properties, Inc. (NYSE: GGP) has seen its share price plunge more than 98% during the past year, with the equity recently plummeting into penny-stock territory amid concerns about a possible bankruptcy filing. Maybe I'm just an impatient member of the MTV generation, but it struck me today that these Chapter 11 rumors have been swirling around Wall Street for what seems like ages. Can we get some closure on this soap opera, GGP?

Well, according to a report today in the Wall Street Journal, GGP's deadline to renegotiate a $900 million loan on two luxury malls in Las Vegas came and went Thursday with no resolution. The mall mogul is still in talks with its lenders to negotiate a new deal -- but it's now haggling outside the confines of its forbearance agreement, which means those lenders, led by Deutsche Bank (NYSE: DB), can demand payment at any time.

Continue reading Is General Growth Properties bankrupt yet?

Midway Games files for bankruptcy

MidwayMidway Games (NYSE: MWY) has filed for Chapter 11 bankruptcy protection.

The video game company has been battling a massive debt load and poor financial results for the better part of a decade, but what finally sealed the company's fate was Sumner Redstone's sale of his 87% stake in the company to investor Mark Thomas. That change-in-control triggered a clause allowing noteholders to call the company's loans -- which the company expects they will.

"This was a difficult but necessary decision," CEO Matt Booty said in a press release. "We have been focused on realigning our operations and improving our execution, and this filing will relieve the immediate pressure from our creditors and provide us time for an orderly exploration of our strategic alternatives. This Chapter 11 filing is the next logical step in an ongoing process to address our capital structure."

Continue reading Midway Games files for bankruptcy

For Sirius (SIRI), chapter 11 looms

Sirius XM (NASDAQ: SIRI) is up against debt payments that its management has been saying would not be a problem.

According to The Wall Street Journal, "Sirius XM Satellite Radio Inc. is facing an important test of its viability this month: how it handles $174.6 million in debt coming due Feb. 17." Since the company has not reported its fourth quarter, no one knows for certain how much cash Sirius has. More debt payments are due later in the year.

Could the debt problem this month push Sirius into Chapter 11? It is impossible to tell, but the obligation has not been renegotiated or replaced with new debt.

Continue reading For Sirius (SIRI), chapter 11 looms

Bankruptcy becomes exit of choice

Some big companies have already gone bankrupt. The Tribune Company is the most recent. But, one of the trend's earliest victims was Lehman.

At the economy goes deeper into Hell with each passing month, bankruptcy attorneys will become the richest lawyers in America.

According to MarketWatch, "A sour economy and tight credit market clearly are just the right ingredients to bring about a wave of bankruptcies." There is no shame in it. Airlines have been doing it for decades.

Chapter 11 is actually a nifty way to stiff debt holders and employees. If a company can find an investor who wants to gamble they can get most of a bankrupt firm's assets in court, a debtor-in-possession, a judge can void loans and employment contracts in the name of keeping a troubled firm alive.

All of that may be good for the operations who seek court protection, but the trend would do further damage to the economy. Many of the firms who financed companies that are in trouble are banks. More losses for them will lead to more write-downs. And, that leads to more shareholder dilution and more government aid. On the employment side, cutting big numbers of people increases joblessness. That, in turn, ratchets down consumer spending and pushes up government costs to support those without work.

Otherwise, Chapter 11 is a great idea for companies in peril.

Douglas A. McIntyre is an editor at 24/7 Wall St.

Detroit: Chapter 11 finally on the table

Perhaps it was inevitable, but the car companies fought it. Congress, and perhaps General Motors (NYSE:GM) and Chrysler, are discussing pre-packaged bankruptcies as a way to cut debt and labor costs while the companies get back on their feet.

It is probably a bad idea.

According to Bloomberg, "Staff for three members of Congress have asked restructuring experts if a pre- arranged bankruptcy -- negotiated with workers, creditors and lenders -- could be used to reorganize the industry without liquidation."

Why won't it work? Several reasons. The first is that a bankruptcy plan takes time, the one thing Detroit does not have. A pre-packaged program means getting deals from labor, lenders and suppliers. That can't be done in a day, a week, or a month.

Next, some car parts suppliers are already near bankruptcy themselves. Asking them to take less money from GM and Chrysler could push them into Chapter 11.

Last, and perhaps most important, the UAW may not be willing to give up more than it has offered. It believes that it has done enough by saying it will defer car maker contributions to its VEBA plans and sharply reduce job banks. A proposal for them to take less may cause a series of strikes that could push GM and Chrysler into Chapter 7 liquidations.

Otherwise, the idea of pre-packaged bankruptcy is just fine.

Douglas A. McIntyre is an editor at 247wallst.com.

What's with Steve & Barry's and why should we care?

As a sign of how disconnected one can be, I had to ask my 12-year old about Steve & Barry's. I had not heard of it and it is receiving way too many comments on our site to be ignored. My colleague Zac Bissonnette started blogging about it a month ago Steve & Barry's on the brink of bankruptcy? and the comments are still coming in strong as the story progressed.

Steve & Barry's filed for Chapter 11 bankruptcy on July 9, 2008, and information about its status and answers to frequently asked questions can be found here.

The company has been expanding rapidly and clearly hit a brick wall with consumer budgets severely strained and the economy facing uncertainty in the short term. However, this is supposed to be a discount chain. Perhaps the discounting amounted to selling dollars for ninety cents, and it could not make it up on volume.

This is a relatively small company, but clearly it matters to a lot of people. The number of comments we have received has surpassed most of our recent stories, even those of the Bear Stearns takeover (acquired by JPMorgan Chase (NYSE: JPM)) and the IndyMac (NYSE: IDMC) collapse.

Steve & Barry's might have had an IPO sometime in its future, but that is not likely in the current environment. What is it that makes this story so compelling to our readers? If it is because the stores are so great, what went wrong in your neighborhood?

Sheldon Liber is the CEO of a small private investment company and the principal for design and research at an architecture & planning firm. He writes the columns Chasing Value and Serious Money. Disclosure: I own shares of any of JPM.

Goody's filing for bankruptcy: Not-so-good private equity deal

Goody's Family Clothing, a retailer of lower priced clothing, filed for Chapter 11 bankruptcy protection this week. To this end, the company will shut down 103 stores (about a quarter of the total) as well as a distribution center. Goody's is located primarily in the southeast and has been around since 1953.

It was back in 2005 that Robert Goodfriend (the son of the founder of Goody's) agreed to a $327 million buyout (the private equity sponsors included Prentice Capital Management and GMM Capital). Unfortunately, since then Goody's has been consistently losing money -- perhaps because of the heavy debt load and competition from the like Wal-Mart (NYSE: WMT). According to the bankruptcy filing, the company has $313 million in assets and $443 million in debt.

Actually, there have been a variety of recent bankrutpcies for retailers, such as Lillian Vernon Corp., Linens 'n Things Inc., Sharper Image and Levitz Furniture Inc. And, as the economy continues to slow down, I'm sure we'll see more.

Tom Taulli is the author of various books, including The Complete M&A Handbook and The Edgar Online Guide to Decoding Financial Statements. He also operates MergerBook.com.

Winn Dixie (WINN) emerging from bankruptcy

Grocery store chain Winn Dixie Stores Inc. (NASDAQ: WINN) is emerging from bankruptcy with remodeled stores, better shopping conditions and product mix, improved customer service, and strict attention to cost management. Same store sales for 1Q 2008 are essentially flat, but the company posted a huge reduction in net loss, $800,000, down from $24.6 million net loss one year ago, a $23.8 million improvement. Net income for 1Q 2008 was $1.6 billion, up $11 million. Gross profits increased $22 million to $446.4 million, and the 30 remodeled stores have registered increased foot traffic. Winn Dixie plans to remodel a total of 75 stores in 2008.

Winn Dixie is also focusing on cost control as it emerges from Chapter 11. Administrative and promotional expenses have been slashed, as have costs at the company's distribution facilities. Winn Dixie still faces significant capital expenditures for store remodeling, at least $140 million. Legal costs to emerge from bankruptcy will run in the $5 million to $7 million range.

Even in the midst of a difficult and complex multi-year turnaround, Winn Dixie has acted to gain the goodwill of consumers and investors. Winn Dixie remodeled and reopened one of the first full-service grocery stores in lower east side New Orleans to help the city rebuild. The company is on the front lines in the fight against breast cancer, providing educational materials in its stores and sponsoring free mammograms for women without access to health care services.

The stock currently trades around $19. Given the success of the company's turnaround thus far, this is a stock for bargain hunters to investigate.

Hollywood Video parent Movie Gallery files for Chapter 11 bankruptcy

Hollywood Video logoIt's a DVD-on-demand world; we just live in it. With customers increasingly turning to the likes of Netflix (NASDAQ: NFLX) and Blockbuster (NYSE: BBI) to get their film choices delivered directly to their homes, it's no wonder that traditional brick-and-mortar movie-rental chains are suffering.

Movie Gallery (NASDAQ: MOVI)Today, Hollywood Video parent Movie Gallery (NASDAQ: MOVI) -- the nation's second-largest video-rental chain, lagging behind only BBI -- said it would seek bankruptcy protection from its creditors. The retailer plans to reduce debt by $400 million. On its Chapter 11 petition filed Tuesday morning with the U.S. Bankruptcy Court in Richmond, Va., MOVI listed assets of $892 million and $1.4 billion in debt, citing increasing losses and building competitive pressures. The handwriting was on the wall in late September, when company CEO Joe Malugen said Movie Gallery would close 520 unprofitable stores to focus on 4,000 stronger locations.

Industry analyst Stacey Widlitz told Bloomberg: "I don't think bankruptcy will save [MOVI]. They have no edge versus the competition ... I think store closings will only accelerate." Another analyst with Wedbush Morgan securities noted that MOVI was "very slow to cut costs ... and that's what killed them."

Already in penny-stock territory, MOVI has dropped more than 17% today to hit a new annual low of 19 cents per share.

Beth Gaston Moon is an analyst at Schaeffer's Investment Research.

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Last updated: November 25, 2009: 09:56 AM

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