RadioShack Wins Final Approval of Chapter 11 Plan
September 30 2015 - 4:00PM
Dow Jones News
The former RadioShack won final court approval of its chapter 11
plan Wednesday after brokering key settlements with lenders that
paved the way for the former electronics retailer to secure a
judge's signature on the proposal.
Following a hearing at the U.S. Bankruptcy Court in Wilmington,
Del., Judge Brendan Shannon said he would sign off on both the
settlements and the chapter 11 plan, which distributes proceeds
from the company's liquidation to its creditors.
"This has been a very challenging case," he said. "There were
issues that could have derailed the case, frankly, any number of
times."
Burdened with more than $1 billion in debt, RadioShack filed for
bankruptcy protection in February and shut down or sold off almost
all of its 4,000-store chain. The company, which helped usher in
the era of consumer electronics, had suffered a long decline
brought on by the advent of digital technology as well as
competition from newer, online electronics retailers.
Under its chapter 11 plan, the corporate remains of what was
once RadioShack will pay most secured lenders in full but will
leave little behind for lower-ranking creditors.
Until settlements were reached last week, a series of legal
battles had clouded the former RadioShack's plans to complete its
chapter 11 plan. During a two-day court hearing earlier this month,
the case became mired in a clash with two of the former
RadioShack's top-ranking lenders: Manhattan hedge fund Standard
General LP and Wells Fargo & Co.
Standard General and Wells Fargo had argued the former
RadioShack was obligated to cover hefty legal fees stemming from
the lawsuit brought by junior creditors, which threatened to eat
into remaining funds and cause other creditor-repayment plans to
collapse.
The total bill for the litigation could have reached $15 million
to $20 million, according to Standard General, which bought
RadioShack's brand and saved about 1,700 stores from liquidation
earlier this year.
But junior creditors agreed to drop the lawsuit against the
lenders, clearing the way for the defunct electronics chain to move
forward and begin repaying its debts. In exchange, Standard
General, Wells Fargo and others will contribute as much as $9.4
million in cash and savings to a liquidation trust created by the
plan.
Standard General will also waive its rights to $30 million in
unsecured bonds.
"We are very pleased to have resolved the estate's litigation
with both Standard General and Wells Fargo," Susheel Kirpalani, a
lawyer representing unsecured creditors, said Wednesday.
The settlement, the product of extensive negotiations according
to lawyers at Wednesday's hearing, will lay to rest most other
litigation between the former RadioShack, Standard General and
Wells Fargo. Junior creditors, however, are still pursuing
litigation against RadioShack's directors for alleged breaches of
their fiduciary duty. Proceeds from that and other litigation could
add to their recovery.
The former RadioShack managed to find solutions to many other
objections to its chapter 11 plan as well as to a dispute over a
$72 million tax bill, though the tax deal is still subject to a
potentially lengthy government-approval process.
Gregory Gordon, a lawyer for the former RadioShack, said that
protracted litigation over those issues could have lasted years and
left the company, already short on cash, and its creditors with
nothing.
Peg Brickley contributed to this article.
Write to Tom Corrigan at tom.corrigan@wsj.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires
(END) Dow Jones Newswires
September 30, 2015 15:45 ET (19:45 GMT)
Copyright (c) 2015 Dow Jones & Company, Inc.
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