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Bidder Aims to Save Bankrupt Trucking Firm Yellow

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The plan would put Yellow back on the road with thousands of unionized drivers, but would force the government to wait longer for a loan repayment.When Yellow abruptly shuttered its operations in the summer and filed for bankruptcy protection, few thought that a buyer would emerge and try to revive the long-troubled trucking giant.Now a prominent trucking executive has assembled a last-minute plan to acquire Yellow out of bankruptcy — a proposal that seeks not only to rehire many of the company’s employees but also to work with their union, the International Brotherhood of Teamsters, to create a healthy business.The plan rests on getting the Treasury Department to allow Yellow to postpone repayment of a $700 million rescue loan that it made to the company in 2020. The Treasury may not accept the plan because there are legal obstacles to extending the loan. And it stands to be repaid sooner under the plan that Yellow has already filed in the Delaware bankruptcy court, which involves selling the company’s terminals and other assets to raise hundreds of millions of dollars in cash. Some trucking analysts say reviving Yellow will be hard because many customers will have moved on to other trucking companies that are much better run than the old Yellow.But Sarah Riggs Amico, the trucking executive leading the deal, said only her plan could bring back thousands of jobs, adding that she had the experience to build a leaner company in partnership with the Teamsters and assemble an executive team that can win back customers.“Restructuring Yellow provides an opportunity to bring back tens of thousands of fair-wage, union truck-driving jobs while bolstering America’s supply chain,” said Ms. Riggs Amico, the executive chairwoman of Jack Cooper, a private auto-hauling trucking company. “Who wouldn’t find that a worthy effort?”Under the proposal, Ms. Riggs Amico’s group would extend the Treasury loan so that it would be repaid in 2026 instead of next year, according to a person familiar with the bid. The group would also borrow $1.1 billion to pay off other secured creditors and bankruptcy lenders, and provide the new company with cash to operate. And it would issue $1.5 billion of preferred shares to unsecured creditors — the biggest of which is the Central States Pension Fund — that don’t get all their claims paid in bankruptcy. The Central States fund would get some $500 million of the preferred shares, according to the plan, far less than the $4.8 billion that Yellow owes it.Ms. Riggs Amico’s bid will be submitted to the bankruptcy court on Tuesday, when an auction to sell Yellow’s assets will take place.Ms. Riggs Amico and other female executives would own 51 percent of the new company, which would be separate from Jack Cooper. The new Yellow plans to employ some 15,000 people, according to the person familiar with the plan, down from 30,000 earlier this year.“The Teamsters have a framework agreement to lay the foundation for good union jobs, fair wages and strong benefits once a new company is in place,” Kara Deniz, a Teamsters spokeswoman, said in a statement.Government labor market data suggest that roughly 10,000 Yellow employees have found jobs elsewhere, said Avery Vise, vice president of trucking at FTR, a forecasting firm that focuses on the freight industry.That implies that some 20,000 Yellow employees are still looking for work. “I have a lot of friends that are still without jobs,” said Mark Roper, a former Yellow driver from McDonough, Ga., who found a job at another trucking company. “I have a lot of friends that are on the verge of losing their house.”Sarah Riggs Amico, the trucking executive leading a bid for Yellow, ran in a U.S. Senate primary in 2020.Alyssa Pointer/Atlanta Journal-Constitution, via Associated PressThough bringing back lost trucking jobs and resurrecting a unionized company may appear attractive goals to the labor-friendly Biden administration, the Treasury may not believe it has the legal authority to extend the loan — it was made under the CARES Act, passed to provide relief early in the pandemic — and it may have qualms about further backing a company that struggled for years.“There is no clear authority for Treasury to compromise the claim in any way that does not maximize returns for the U.S. government,” said Adam Levitin, a law professor at Georgetown University who specializes in bankruptcy.In a statement, a Treasury spokesperson said: “Treasury is one of several creditors taking part in the bankruptcy process. We will continue to work to ensure taxpayers, and impacted workers and their families are treated fairly.”Thomas Nyhan, the executive director of the Central States Pension Fund, said on Sunday that the fund was trying to determine the financial benefit of each plan as the terms of the rescue bid changed. And he said there may be a legal obstacle: The Employee Retirement Income Security Act generally prevents a pension fund from owning securities issued by companies contributing to the fund — the preferred stock under the Yellow rescue plan — though there can be exemptions. “This is a very complicated problem,” Mr. Nyhan said. “We haven’t come to a conclusion, mainly because the deal keeps evolving.”Members of Congress from both parties have written to the Treasury, urging it to consider extending its loan, including Senators Josh Hawley, Republican of Missouri, and Elizabeth Warren, Democrat of Massachusetts. Mr. Hawley wrote this month that assisting the sale of Yellow to an acquirer was “a common-sense step to keep Yellow’s trucks on the road, and keep its work force gainfully employed.”The Treasury’s loan came from a pot of money to help companies designated as crucial to national security. It drew scrutiny because of the links between Yellow and the Trump administration, and because the Justice Department had sued the company, accusing it of overcharging the Department of Defense for freight services. Yellow last year agreed to pay a $7 million fine to resolve the case.Yellow was a big player — another is Old Dominion — in the less-than-truckload sector, in which a truck will carry goods for more than one customer. Companies in the sector often have a network of terminals and warehouses to store goods between shipments and typically travel shorter distances than truckload companies, whose vehicles carry goods for one customer over longer distances.Analysts say Yellow underperformed because it failed to effectively integrate big acquisitions and because it had higher costs, which some attribute in part to the unionization of its work force.Ms. Riggs Amico, a Democratic primary candidate in Georgia for the U.S. Senate in 2020, has experience restructuring Teamster trucking companies. She oversaw Jack Cooper’s acquisition of two auto-hauling trucking companies with Teamster work forces, and her plan for Yellow envisions hiring executives who specialize in the less-than-truckload business. (Jack Cooper, whose employees belong to the Teamsters, itself filed for bankruptcy in 2019.)Some of Yellow’s rivals are interested in snapping up its terminals under the current plan in Delaware bankruptcy court. Estes Express has submitted a stalking horse bid — an offer intended to set a minimum price for assets — of $1.53 billion for Yellow’s shipment centers. That sum would provide enough cash to pay off the Treasury and a secured loan of around $500 million now held by Citadel, a Wall Street firm. Ms. Riggs Amico’s plan would pay off Citadel but ask the Treasury to extend its loan. Some experts say this would mean taxpayers were taking a back seat to Wall Street.“It’s helping private parties make money off of a distressed-debt investment, and there’s no real reason for Treasury to do that,” Mr. Levitin, the Georgetown professor, said.Citadel declined to comment.In Congress, those open to Ms. Riggs Amico’s bid acknowledge that other creditors would be getting ahead of Treasury but think the compromise a necessary evil to save jobs.But it is not clear whether there would be much room left for a resurrected Yellow. Trucking experts say the market is gradually coping with the loss of the company, which once accounted for roughly 12 percent of drivers in the less-than-truckload sector. Mr. Vise, the trucking analyst, said Yellow’s exit had pushed trucking rates higher as customers scrambled to find other carriers. But he expects the sector to heal soon.“Yellow’s shutdown did not seriously disrupt the less-than-truckload market,” he said. More

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    WeWork Bankruptcy Would Deal Another Blow to Ailing N.Y. Office Market

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    The fallout would be particularly hard for landlords already struggling with piling debt and companies scaling back their office footprint.For years, landlords around the world clamored to get WeWork into their office buildings, a love affair that made the co-working company the largest corporate tenant in New York and London.Now, WeWork is perhaps days away from a bankruptcy filing — and its demise could not come at a worse time for office landlords.With fewer employees going into the office since the pandemic, companies have slashed the amount of space they lease, causing one of the worst crunches in decades in commercial real estate.Many landlords have accepted lower rents from WeWork in recent years to keep it afloat, but its bankruptcy would be an enormous blow. The pain would be centered on landlords that have leased a large proportion of their space to the company, particularly in New York, and are struggling to make payments on the debt tied to their buildings. Some landlords might quickly accept lower rents from WeWork as part of a bankruptcy reorganization and keep doing business with any new entity that emerges, but others might have to fight in court to get anything.“If you look at a lot of the vacancy in New York City, you will find that a fair amount of that was space that was leased to WeWork — and there will be even more abandoned after a bankruptcy,” said Anthony E. Malkin, the chief executive of the company that owns the Empire State Building and an early skeptic of WeWork.WeWork, despite its efforts to cut costs, still had an empire of 777 locations in 39 countries at the end of June, compared with 764 locations in 38 countries nearly two years earlier. On Friday, its website listed 47 locations in New York, where at the end of March it leased 6.9 million square feet of office space, equivalent to more than 60 percent of all co-working space, according to Savills, a real estate services firm. In London, WeWork listed 38 locations.Speculation of a possible bankruptcy filing intensified in August when WeWork warned that it might not be in business much longer. Its shares have fallen 90 percent since then.Last month, WeWork said it would miss interest payments totaling $95 million. After a 30-day grace period, the company reached a deal with creditors for a seven-day forbearance, which expires Tuesday.A WeWork office space in London. The city has 38 WeWork locations.Tolga Akmen/Agence France-Presse — Getty ImagesIn New York, where a fifth of office space is unleased or being offered for the sublet, the highest amount in decades, the fallout from a WeWork bankruptcy would be felt most in older office buildings in Midtown and downtown Manhattan. Nearly two-thirds of WeWork’s leases in Manhattan were in these so-called Class B and Class C buildings, according to the real estate advisory firm Avison Young.“We believe the value of Class B and Class C buildings will probably be 55 percent less than they were prior to the pandemic,” said Stijn Van Nieuwerburgh, a real estate professor at Columbia Business School who has been tracking the decline in office building valuations. “These are the buildings that are struggling the most and will have a tough time with a WeWork bankruptcy.”Owners of these older buildings were thrilled a few years ago to lease entire floors — or even entire buildings — to WeWork, but they now find themselves under siege. In cases where WeWork has stopped paying rent on the leases, landlords have been unable to make debt payments on buildings that are being valued sharply lower than they were a few years ago.That’s the quandary facing Walter & Samuels, a real estate firm that has WeWork as a tenant in five of its office buildings in New York. At one, 315 West 36th Street, a small edifice built in 1926 in Manhattan’s garment district, WeWork leased about 90 percent of the space and stopped paying rent earlier this year, according to Morningstar Credit. Walter & Samuels stopped making payments on a $77 million loan on the building, Morningstar said.The loan’s special servicer said the appraised value of the building had fallen to $42 million, down from $127 million when the loan was made five years ago, and the servicer is moving to foreclose, according to Morningstar.Executives at Walter & Samuels did not respond to emails seeking comment.WeWork occupies nearly all of the office space at 980 Avenue of the Americas, a mixed-use development owned by the Vanbarton Group. Joey Chilelli, a managing director at the company, said the firm could consider a range of options for the space if WeWork vacated, including turning it into residences.“We have tried to do everything we could earlier this year when they went to every landlord and asked for rent reductions and concessions,” Mr. Chilelli said. “If they are able to reduce their footprint, it will hurt the office market again.”A WeWork bankruptcy would be felt most in older office buildings in Midtown and downtown Manhattan.Hilary Swift for The New York TimesMichael Emory, the founder of Allied, a real estate investment trust that operates office buildings in Canada’s largest cities, said his company walked away from a potential deal with WeWork in Toronto in 2015 because there were drawbacks for Allied. But he said he had watched other developers, particularly in New York, lease space to the company, believing that co-working providers would occupy a large percentage of office space for years.Also, Mr. Emory said, WeWork focused on landlords that were eager to fill up their office buildings and then sell them based on the new occupancy and rental income.A bankruptcy filing “will be very consequential for the New York market,” he said.WeWork declined to comment for this article.At its peak, when investors were feverishly bullish about the company and the vision of Adam Neumann, its eccentric co-founder, WeWork was valued at $47 billion. Its model was to rent office space, spruce it up and charge its customers — established companies, start-ups and individuals — to use the space for as long as they needed it.The flexibility of using a WeWork space — and its community vibe: “Our mission is to elevate the world’s consciousness,” the company declared — was supposed to attract businesses away from stodgy offices that tied tenants down with yearslong leases.But the economics of WeWork’s business were always upside down: What the company took in from customers was not enough to cover the cost of renting and operating its locations. It kept growing anyway, and from the end of 2017, it lost a staggering $15 billion. After WeWork withdrew an initial public offering in 2019, its largest outside investor — the Japanese conglomerate SoftBank — provided a lifeline with a multibillion-dollar takeover.Before that debacle, WeWork had ardent fans in the commercial real estate world who believed the company was pioneering an exciting new service.“We know these folks, we know them well,” Steven Roth, the chief executive of Vornado Realty Trust, one of the largest office landlords in New York, said in 2017. “We think what they’re doing is unbelievably impressive.”Mr. Roth declined to comment for this article. Vornado leased space to WeWork in a building in Manhattan and another in Washington, and they teamed up outside Washington to introduce WeLive residences, one of WeWork’s much-hyped but failed subsidiaries, including the for-profit private school WeGrow.Vornado no longer has WeWork as a tenant. In 2019, after questions about WeWork’s financial health mounted in the industry, Vornado’s chief financial officer said the company had limited its exposure to WeWork.The president of BXP, a part owner of an office development in the Brooklyn Navy Yard, said WeWork had stopped paying rent there.Karsten Moran for The New York TimesJLL, a real estate services firm, once predicted that co-working firms would be leasing 30 percent of all office space in the United States by the end of this decade. Such predictions did not seem outlandish just before the pandemic, when WeWork and other co-working providers accounted for 15 percent of both new and renewed leases signed in New York, according to JLL, up from 2 percent in 2010. Co-working providers accounted for less than 1 percent of all leases signed in New York last year, JLL said.And some landlords believed they would be somewhat insulated from problems at WeWork.“WeWork is out there taking on these start-ups en masse, realizing that some will stay, some will go,” Raymond A. Ritchey, an executive at BXP, formerly known as Boston Properties, said in 2014. “But they tend to be taking that risk as opposed to the landlord on a direct basis.”BXP is a part owner of a shiplike office development in the Brooklyn Navy Yard, Dock 72, where WeWork has been a major tenant since it opened in 2019 but was struggling to fill its space. At the end of last year, BXP was leasing nearly 500,000 square feet of space to WeWork across its portfolio.Douglas T. Linde, the president of BXP, said Thursday on an investor call that WeWork had stopped paying rent at two of its locations, including Dock 72. “We don’t expect WeWork to exit all the assets,” he said, “nor do we expect them to remain in place in the current footprint.”Some landlords might be able to get other co-working companies to take over WeWork’s spaces, or operate their own version, avoiding a situation in which their buildings appear desolate. But they are unlikely to take in the revenue they were initially getting from WeWork, which did end up going public, in 2021, by merging with a special-purpose acquisition company.Mr. Malkin, the Empire State Building landlord, said he had always doubted WeWork’s business model. Also, he never wanted WeWork in his company’s buildings because, he said, it packed too many people into its spaces, causing overuse of elevators and toilets.“Why would you want to do business with these people?” Mr. Malkin said. More

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    Bill Ford Says U.A.W. Strike Is Helping Tesla and Toyota

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    Mr. Ford, the executive chairman of Ford Motor, said nonunion automakers would make gains against Michigan automakers because of strikes by the United Automobile Workers union.The monthlong strike by the United Automobile Workers and the union’s demands for substantial pay and benefits increases risk damaging the U.S. auto industry, hurting its ability to compete against nonunion foreign rivals, the executive chairman of Ford Motor said on Monday.The fight should not be seen as the U.A.W. against Ford, or its crosstown rivals, General Motors and Stellantis, said William C. Ford Jr., the great-grandson of the company’s founder Henry Ford, noting that at times U.A.W. officials have referred to the automakers as the union’s “enemy.”“It should be Ford and the U.A.W. against Toyota, Honda, Tesla and all the Chinese companies that want to enter our home market,” Mr. Ford said at the company’s Rouge plant in Dearborn, Mich.“Toyota, Honda, Tesla and the others are loving the strike, because they know the longer it goes on, the better it is for them,” the executive chairman said. “They will win, and all of us will lose.”Mr. Ford’s remarks alluded to a period several decades ago when the U.A.W. won increasingly rich contracts that were later seen by many industry experts as having hobbled the three Michigan automakers in the face of competition from Japanese and European carmakers. Ford came to the brink of collapse, and G.M. and Chrysler — now part of Stellantis — had to seek bankruptcy protection after the 2008 financial crisis.“Ford’s ability to invest in the future isn’t just a talking point,” Mr. Ford said. “It is the absolute lifeblood of our company. And if we lose it, we will lose to the competition. Many jobs will be lost.”In a statement, the U.A.W. president, Shawn Fain, said Mr. Ford should “stop playing games” and meet the union’s demands, or “we’ll close the Rouge for him.” Mr. Fain added that the U.A.W. was not fighting the company but “corporate greed.”“If Ford wants to be the all-American auto company, they can pay all-American wages and benefits,” Mr. Fain said. “Workers at Tesla, Toyota, Honda and others are not the enemy — they’re the U.A.W. members of the future.”Ford, G.M. and Stellantis have been negotiating new labor contracts with the U.A.W. since July. Over the past month, the union has called on workers at a few plants to go on strike. The action has idled three Ford plants, two G.M. factories and one Stellantis plant. Workers at 38 G.M. and Stellantis spare-parts warehouses are also on strike.The strategy is intended to increase pressure on the companies to meet the union’s demands for significantly higher wages, shorter working hours and expanded pensions, and to end a system that pays new hires just over half of the top U.A.W. wage of $32 an hour.The companies have offered wage increases of more than 20 percent over the next four years and certain other measures in line with the union’s demands, but the U.A.W. is pressing for greater concessions.Last week, the union called for a strike by 8,700 workers at Ford’s Kentucky truck plant in Louisville, the company’s largest.Ford executives said last week that the company had made a record offer to the union and that sweetening the deal would hurt the automaker’s ability to invest in electric vehicles and other new models and technologies.Mr. Ford, who has had a role in every round of negotiations with the U.A.W. since 1982, said the talks had reached “a crossroads” and warned that labor contracts that burdened the automakers with heavy costs could affect the U.S. economy.“The price of failure should be clear to everyone,” he said. “Let’s come together and reach an agreement, so we can take the fight to the real competition.” More

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    Bed Bath & Beyond’s Stock Offering Is Backed by Hudson Bay Capital

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    Hudson Bay Capital has essentially agreed to make sure the troubled retailer will sell roughly $1 billion in shares as it tries to avoid bankruptcy.Bed Bath & Beyond’s plan to use a public stock offering as a way to raise more than $1 billion and avoid bankruptcy will be backed by the investment firm Hudson Bay Capital Management, two people familiar with the situation said, speaking on the condition of anonymity because the terms of the deal have not been made public.Bed Bath & Beyond disclosed the deal on Monday without naming Hudson Bay. It hopes that raising enough cash will restore the confidence of suppliers, preserve jobs and allow the company to pursue a turnaround plan it announced in August.The retailer said on Tuesday that it had already underwritten the initial $225 million worth of shares it was selling. It plans to sell an additional $800 million over time, assuming “certain conditions are met.” The company did not disclose what those conditions were.Hudson Bay, though, has essentially agreed to buy the stock, assuming Bed Bath & Beyond sells the additional shares.Hudson Bay is a multibillion-dollar fund based in Greenwich, Conn. It often acts as a mergers specialist, either betting passively on whether company deals go through or fall apart or, at other times, pushing for such moves.The firm is likely looking to take advantage of Bed Bath & Beyond’s rising share price, with hopes of selling when it goes even higher. Retail investors helped drive the price up nearly 100 percent on Monday, before Bed Bath & Beyond announced its plan to offer stock. Shares fell nearly 50 percent in trading on Tuesday, to around $3.“This transformative transaction will provide runway to execute our turnaround plan,” Sue Gove, Bed Bath & Beyond’s chief executive, said in a statement. “As we make important strategic and operational changes, we will continue to take disciplined steps to enhance our cost base and improve our financial position.”The Downfall of Bed Bath & BeyondThe home goods retailer, which was founded in New Jersey in 1971, faces an uncertain future amid worsening financial woes.Few Options: After a disappointing holiday season, Bed Bath & Beyond is said to be in discussions to sell pieces of its business and has warned investors of a potential bankruptcy.A Warning Sign: The disclosure that the retailer had defaulted on certain debt payments was the most salient sign of financial strain yet for the company.Turnaround Plan: The company laid out an aggressive plan in August to turn itself around that included store closings, cost cuts and layoffs. But it needs cash to execute its strategy.Selling Stock: Bed Bath & Beyond announced plans for a public offering, saying that it hoped the move would help it raise more than $1 billion and pay off its debts.A spokesperson for Hudson Bay did not respond to request for comment. Bed Bath & Beyond did not respond to a request for additional comment on the transaction. The deal between the hedge fund and the retailer was reported earlier by Bloomberg.Some analysts doubt whether the deal will be enough to help the struggling home goods retailer.“The fundamental story for Bed Bath & Beyond is so broken at this point,” David Silverman, retail analyst at Fitch Ratings, said. “I don’t know that a short-term cash infusion that could buy them a few months, a couple of quarters, is going to change their fate.”The deal with Hudson Bay came together within the past several weeks, the two people familiar with the matter said. Late last month, JPMorgan Chase, which helped give Bed Bath & Beyond a lifeline this summer by expanding its credit line, froze the retailer’s credit accounts after notifying it that it was in breach of the terms of its debt. As Bed Bath & Beyond raced to find cash to pay its debts, tensions built over the amount information it was sharing with its banks and other creditors and how quickly it was relaying it to them, the people said..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.The retailer’s lenders had dealt with a great deal of turbulence over the past few months. In early September, weeks after Bed Bath & Beyond secured rescue financing from JPMorgan and the investment firm Sixth Street, the company’s chief financial officer died in what was ruled a suicide. Industry executives have questioned whether the retailer had the right management in place to weather its challenges.On Monday, Bed Bath & Beyond said Holly Etlin had been hired as the interim chief financial officer. Ms. Etlin has experience with restructurings and company turnarounds.Rising interest rates have also made lenders warier of plowing more money into distressed companies like Bed Bath & Beyond. But equity may prove to be a new alternative.Bed Bath & Beyond’s move echoes what appears to be a new playbook for distressed retailers. Another indebted company favored by meme traders, AMC Entertainment, sold investors preferred shares in August after common shareholders balked at its efforts to issue more stock, which dilutes the value of shares that are already held. Both sets of AMC shares have remained volatile. In 2020, Hertz tried to sell shares after filing for bankruptcy, but the Securities and Exchange Commission squashed those efforts.“For those who are in this situation, for those who are desperate, this will be one instrument that they can use,” said Douglas Chia, the head of Soundboard Governance, a corporate governance consultancy. “Every couple years there’s a new instrument that investment bankers come up with, and it’s creative and it becomes the flavor of the month and everyone starts to use that. This could be the same thing.”The question for Bed Bath & Beyond and the roughly 30,000 people it employed as of last February is whether it will be enough. Even if this financing goes through, the company faces the same challenges that have plagued it the past couple of months. The retailer is contending with low inventory in its stores as vendors hold back on shipping items because of worries about its finances. It also has a less sophisticated e-commerce operation than many of its competitors and a dwindling customer base.The stock offering “by itself doesn’t change the business model or any of those tough decisions that they need to make,” said Patrick Collins, a partner who works on bankruptcies and restructurings at the law firm Farrell Fritz.The deal could give Bed Bath & Beyond only a few more quarters of financial runway, said Seth Basham, a retail analyst at the investment firm Wedbush Capital.The company is ramping up the number of stores it’s closing to more than 400, including Harmon stores. That’s a significant chunk of the 950 stores that it had when the closings began in August.Sales keep sliding as well. Bed Bath & Beyond has said it expects comparable sales in the first quarter to decline 30 to 40 percent from a year earlier, but expects to see quarterly sales improving afterward.It projects that its ability to have goods in stock will return to normal levels by the important back-to-college shopping season.Not everyone is convinced.“It is very difficult to see where they could be able to reverse those trends quickly, particularly given we’re in a somewhat challenging environment for retail goods,” Fitch’s Mr. Silverman said. “You’ve got competitors like Target, Amazon, Walmart and low- and mid-tier department stores that aren’t relinquishing market share.” More

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    Bed Bath & Beyond Warns of Possible Bankruptcy

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    The home goods retailer said weak sales and slower foot traffic had forced it to consider options for restructuring.Bed Bath & Beyond, the beleaguered home goods retailer, warned investors on Thursday about rapidly darkening prospects for its future, saying that bankruptcy was a possible option and raising doubts that it could pull off an ambitious turnaround plan it put in place just months ago.The company could make a decision on its next steps — including whether to file for bankruptcy — within weeks, though it is possible the process will take longer, according to two people familiar with the matter who spoke on the condition of anonymity because the process is confidential.Bed Bath & Beyond, known to many shoppers for its distinctive and seemingly inescapable blue and white coupons, has struggled for years to compete with the likes of Amazon, as more shoppers have gone online for everyday home products.The retailer laid out a plan in August to turn itself around that included 150 store closings, cost cuts and layoffs. But it needs cash to execute those plans, and it is not clear that the crucial holiday shopping season brought in enough for it to continue without help from outside investors.“The company has concluded that there is substantial doubt about the company’s ability to continue as a going concern,” Bed Bath & Beyond said in a statement.Sue Gove, who became the retailer’s permanent chief executive in October, has been focused on working through a restructuring plan to improve the company’s ailing supply chain and better stock its stores. But its suppliers remain unconvinced, and it said in a regulatory filing that it was at risk of running out of cash in the coming months.“Before Christmas, there was just a glimmer of hope,” said Neil Saunders, managing director at the retail consulting firm GlobalData. “There was a view that, OK, it’s going to be difficult, but maybe they were going to pull through. Things have just got worse.”He added, “They sent out a very clear signal today that they’ve just run out of time.”Bed Bath & Beyond employed about 32,000 workers as of February and said in October that it had closed about half the stores it planned to as part of its restructuring.The company, which now has roughly 900 stores across the country, reported preliminary earnings Thursday, noting lower sales and slower foot traffic compared with the previous year. The company said its sales were about $1.3 billion for the quarter that ended Nov. 26, about a third lower than the year before, when it had more stores. The period included the run-up to Black Friday.The retailer estimated that it would record a loss of $386 million in its latest quarter, much worse than the $276 million loss in the previous year, and said it would need more time than expected to close its books. As of March, Bed Bath & Beyond had roughly $3 billion in debt.The company’s share price closed nearly 30 percent lower on Thursday, giving it a market capitalization of $150 million. At its peak in 2013, the company’s market value was $17 billion..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.In addition to a possible bankruptcy, Bed Bath & Beyond is exploring a number of options to shore up its balance sheet, including selling pieces or all of the company. To help with those efforts, it is working with advisers at the law firm Kirkland & Ellis, the consulting firm Alix Partners and the investment bank Lazard, the two people familiar with the matter said. Alix Partners and Lazard declined to comment. A spokesman for Kirkland did not respond to a request for comment.“No determinations have been made as of this time,” Julie Strider, a Bed Bath & Beyond spokeswoman, said in a statement regarding the retailer’s next steps.Its ability to obtain cash through those means will determine whether it needs to file for bankruptcy.Bed Bath & Beyond plans to give an update on Tuesday about its efforts to raise cash.A bankruptcy filing would give Bed Bath & Beyond the chance to shed debt and stores and emerge as a leaner, stronger company, as Neiman Marcus was able to after filing for bankruptcy in 2020. But if performance deteriorates, or its suppliers decide they will not offer their support, Bed Bath & Beyond could be forced to close, like Toys “R” Us.“What we’ve seen many times is that it ends up being a stay of execution,” Michael Baker, a retail analyst at D.A. Davidson, said. “Sometimes that works, but oftentimes you see an announcement of scaling back and having fewer stores and then that’s followed by a complete liquidation.”The attempted turnaround announced in August is being led by Ms. Gove, who at that time was interim C.E.O. after the abrupt departure of the previous chief executive, Mark Tritton, in June.But transforming a company under the burden of debt payments and the glare of suppliers that have lost their faith can be tricky. Investing in supply chains and merchandising requires money — and patience.“Transforming an organization of our size and scale requires time,” Ms. Gove said. “We anticipate that each coming quarter will build on our progress.”Ms. Gove said she had spoken to suppliers directly in an attempt to instill confidence. But they have continued to hold back, resulting in lower levels of in-stock items. Supply chain challenges made more severe by China’s tough Covid strategy have made suppliers particularly picky about the retailers they sell their product to.Bed Bath & Beyond has also been trying to win back the support of investors, who have watched as a series of activist investors, including the meme stock favorite Ryan Cohen, have pushed for changes on its board and for the company to consider selling its Buy Buy Baby brand. Mr. Cohen sold his stake in the company in August, pushing its shares down 40 percent.It has had to grapple with other turmoil. In September, its chief financial officer, Gustavo Arnal, died in what was ruled a suicide. Laura Crossen, the retailer’s chief accounting officer, has since been serving as interim financial chief.Despite Bed Bath & Beyond’s bespoke challenges, its debt worries resonate with the broader retail industry. Inflation, rising interest rates and continued supply chain challenges are probably setting up retailers up for a challenging 2023. Consumers were willing to spend this holiday season, with U.S. retail sales up 7.6 percent from the previous period of Nov. 1 to Dec. 24, according to Mastercard Spending Pulse. But how much longer that trend will last is unclear, if the economy tips into a recession, as a number of economists have forecast.And those who may look to the debt market for reprieve will probably find lenders less eager than they have been in the past two years, when interest rates hovered near zero. Lenders that were previously willing to put money into riskier companies like Bed Bath & Beyond may no longer be willing to take that bet. Supply chain issues worldwide mean companies have less product, not only to sell to customers but to offer lenders as collateral.For a company in as much financial trouble as Bed Bath & Beyond, “it’s very difficult to raise new capital, but it’s also difficult to get your current capital providers to want to play ball for a longer period of time,” said James Gellert, the chief executive of the financial analytic firm RapidRatings International.That makes it “really hard for a company like them to claw out of the position that they’re currently in.” More

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    Sam Bankman-Fried’s Parents Under Scrutiny in FTX Collapse

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    The FTX founder Sam Bankman-Fried’s mother and father, who teach at Stanford Law School, are under scrutiny for their connections to their son’s crypto business.At the height of its corporate power, the cryptocurrency exchange FTX convened a group of athletes and celebrities for a charity event in March at the Miami Heat’s N.B.A. arena. Local high school students competed for more than $1 million in prizes, pitching “Shark Tank”-style business ideas to a panel of judges that included David Ortiz, the former Boston Red Sox slugger, and Kevin O’Leary, an actual “Shark Tank” host.But the event’s organizer was a figure better known in academic circles — Joseph Bankman, a longtime tax professor at Stanford Law School and the father of Sam Bankman-Fried, the now-disgraced founder of FTX.Wearing a baseball cap with FTX’s logo, Mr. Bankman walked onstage to help announce the winners of two $500,000 checks. Behind the scenes, he played the role of FTX diplomat, introducing his son to the head of a Florida nonprofit organization that was helping adults in the area set up bank accounts linked to the crypto exchange’s platform. Two months later, Mr. Bankman-Fried promoted the partnership in testimony to Congress, where he was pushing crypto-friendly legislation.In the months before FTX filed for bankruptcy on Nov. 11, Mr. Bankman was a prominent cheerleader for the company, helping to shape the narrative that his son was using crypto to save the world by donating to charity and giving low-income people access to the financial system.He and his wife, the Stanford Law professor Barbara Fried, were more than just supportive parents backing their child’s business. Mr. Bankman was a paid FTX employee who traveled frequently to the Bahamas, where the exchange was based. Ms. Fried did not work for the company, but her son was among the donors in a political advocacy network that she orchestrated.Now Mr. Bankman and Ms. Fried are under scrutiny for their connections to a business that collapsed amid accusations of fraud and misuse of customer funds. No evidence has emerged linking them to the potentially criminal practices that caused the exchange to implode. But their son was arrested on Monday in the Bahamas after U.S. prosecutors filed criminal charges against him, and his fortune has dwindled to almost nothing. The charitable work that Mr. Bankman spearheaded has largely collapsed.The couple’s careers have been upended. Ms. Fried, 71, resigned last month as chairwoman of the board of a political donor network, Mind the Gap, which she had helped start to support Democratic campaigns and causes. Mr. Bankman, 67, has postponed a Stanford class he had been scheduled to teach in the winter, and he’s recruited a white-collar criminal defense lawyer to represent him. The family faces huge legal bills, and they have become the subject of gossip on Stanford’s campus.“I had a friend who said, ‘You don’t want to be seen with them,’” said Larry Kramer, a former dean of the law school and a close friend of the Bankman-Fried family. “I don’t see how this doesn’t bankrupt them.”In a statement, Risa Heller, a spokeswoman for the couple, said that Mr. Bankman worked for FTX for 11 months but that Ms. Fried had no role in the company. “Joe has spent a lot of his life trying to figure out ways to lift people up out of poverty,” Ms. Heller said. “Most of his time was spent identifying worthy health-related charities.”Mr. Bankman-Fried, 30, said in an interview that his parents “weren’t involved in any of the relevant parts” of the business. “None of them were involved in FTX balances or risk management or anything like that,” he said.Mr. Bankman-Fried said in an interview that his parents “weren’t involved in any of the relevant parts” of the business.Stefani Reynolds/BloombergLong before their son became a billionaire celebrity, Mr. Bankman and Ms. Fried were popular faculty members at Stanford, where they have taught since the late 1980s. At their home on campus, they regularly hosted Sunday dinners with friends and colleagues, which multiple attendees compared to a modern salon.A leading taxation expert, Mr. Bankman has been an outspoken advocate for simplifying the tax filing system and has testified in Congress on tax matters. He also has a degree in clinical psychology and practices as a therapist.The Aftermath of FTX’s DownfallThe sudden collapse of the crypto exchange has left the industry stunned.A Spectacular Rise and Fall: Who is Sam Bankman-Fried and how did he become the face of crypto? The Daily charted the spectacular rise and fall of the man behind FTX.Market Manipulation Inquiry: Federal prosecutors are said to be investigating whether Mr. Bankman-Fried manipulated the market for two cryptocurrencies, leading to their collapse.Congressional Testimony: The FTX founder said on Twitter that he would appear before a House committee, but he was quiet about a similar request from a Senate committee. Frantic Exchanges: Texts from a group chat that included crypto leaders from rival companies showed the chief executive of Binance, another crypto exchange, accusing Mr. Bankman-Fried of orchestrating trades to destabilize the industry.Ms. Fried, who retired this year, is an expert on the intersection of law and philosophy, and has written about effective altruism, the charitable movement embraced by Mr. Bankman-Fried that uses data to maximize the benefits of donations. In 2018, she helped start Mind the Gap, hoping to bring “Moneyball”-style analytics to political spending, people familiar with her role in the group said.The couple’s lives transformed after Mr. Bankman-Fried started FTX in 2019. He grew the company into a $32 billion business, cultivating a reputation as a hard-working do-gooder who barely slept and intended to donate his fortune to causes backed by the effective altruist movement.Mr. Bankman and Ms. Fried supported their son’s work, though Ms. Fried expressed concerns about his lifestyle. “The sleep worries me,” she said in an interview with The New York Times in May. “I just hope that it’s not exacting a high price on him.”Mr. Bankman-Fried’s business and political empire was always a family affair. The FTX founder was a prolific political donor, and he was part of a network of contributors who gave money to groups recommended by Mind the Gap, people familiar with the organization said. He also helped bankroll a nonprofit organization called Guarding Against Pandemics that was run by his 27-year-old brother, Gabe Bankman-Fried.Mr. Bankman was deeply involved in FTX. In its early days, he helped the company recruit its first lawyers. Last year, he joined FTX staff in meetings on Capitol Hill and advised his son as Mr. Bankman-Fried prepared to testify to the House Financial Services Committee, a person familiar with the matter said. FTX employees occasionally consulted him on tax-related matters, the person said.“From the start whenever I was useful, I’d lend a hand,” Mr. Bankman said on an FTX podcast in August.Mr. Bankman visited the FTX offices in the Bahamas as often as once a month, a person who saw him there said. Among the much-younger staff, he cultivated an avuncular persona, regaling employees with stories from his son’s youth, the person said. He and Ms. Fried stayed in a $16.4 million house in Old Fort Bay, a gated community in Nassau, the capital of the Bahamas; the couple’s names appear on real estate documents, according to Reuters, though Mr. Bankman-Fried has said the house was “intended to be the company’s property.”Ms. Heller, the couple’s spokeswoman, said Mr. Bankman and Ms. Fried “never intended to and never believed they had any beneficial or economic ownership in the house.”As an employee, Mr. Bankman focused on FTX’s charitable operations. He put together the Miami event, selecting the teams of high school students who competed for $1 million in FTX grants. Mr. Bankman also leveraged family connections to expand FTX’s reach. His sister, Barbara Miller, works in Florida as a political consultant and introduced him to Newton Sanon, the chief executive of OIC of South Florida, a nonprofit organization that helps people with work force development training to promote economic mobility. (Ms. Miller did not respond to a request for comment.)Mr. Sanon worked with Mr. Bankman on a financial literacy initiative for low-to-moderate-income adults enrolled in education programs. As part of the collaboration, students who did not have bank accounts could open one linked to FTX’s platform, giving them the option to spend their money on cryptocurrency. Nobody was pushed to buy digital currencies through FTX, Mr. Sanon said, but one participant chose to do so.In Washington, Mr. Bankman-Fried invoked the Florida program as he pressed for legislation to make the United States more hospitable to the crypto industry, testifying to a House committee that the initiative would help low-income people “build savings.”After FTX collapsed, however, Mr. Sanon informed Mr. Bankman that some participants in the FTX initiative may have lost funds they had stored on the platform (including money students had received as a stipend for joining the program).“They wired money in for us to be able to take care of students,” Mr. Sanon said. He declined to specify the amount that the organization received, but he said it was “substantial and very kind.”Mr. Bankman used his personal funds to cover the losses, according to his spokeswoman. Mr. Sanon said that “none of us are happy with how this played out,” but that “those folks were very good to us.”Not all of Mr. Bankman’s partners were so lucky. On Nov. 11, the day that FTX filed for bankruptcy, Mr. Bankman wrote to a Chicago nonprofit that had been promised $600,000 by FTX’s charitable arm. The money wasn’t going to materialize, Mr. Bankman explained, and he couldn’t afford to make up for the shortfall himself.“I’ll be spending substantially all of my resources on Sam’s defense,” he wrote in an email, which was obtained by The Times.Mr. Bankman-Fried’s whole family has felt the effects of his actions. Gabe Bankman-Fried resigned from Guarding Against Pandemics in November. (He did not respond to requests for comment.) Ms. Fried stepped down from Mind the Gap, which held a meeting last month to elect an interim chair and discuss how to proceed without her, people familiar with the matter said. The stress of the situation is exacting a toll: Mr. Bankman looks as if he’s aged 10 years in one month, a friend said.Mr. Bankman and Ms. Fried are part of a small group offering Mr. Bankman-Fried legal advice, according to a person familiar with the matter. The couple has also turned to the Stanford faculty for support: David Mills, a criminal law professor at Stanford and a close family friend, is part of Mr. Bankman-Fried’s legal team. Mr. Bankman has his own lawyer, the former federal prosecutor Ronald G. White.Colleagues and family acquaintances are wrestling with what to say the next time they run into Mr. Bankman and Ms. Fried. Their son has widely been compared to Bernie Madoff, the notorious fraudster who ran the largest Ponzi scheme in history.Still, many people in the family’s social circle view the situation through a sympathetic lens, according to interviews with more than a dozen friends and colleagues. They insist that Mr. Bankman and Ms. Fried couldn’t have known about any wrongdoing at FTX, while acknowledging that Mr. Bankman may have been naïve in his embrace of crypto.“It’s like a Greek tragedy,” said John Donohue, a colleague who has attended Sunday dinners at the Bankman-Fried home. “The story of flying too close to the sun, and having your wings singed.”Emily Flitter More

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    As the Fed Raises Rates, Worries Grow About Corporate Bonds

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    Executives, analysts and bond traders are all wondering if corporate finance is about to unravel as interest rates rise.As the Federal Reserve raises interest rates in an effort to tame inflation, the corporate bond market, which lends money to many companies, has been hammered particularly hard.The steep rise in interest rates has caused bond values to tumble: From October 2021 to October 2022, an index that tracks investment-grade corporate bonds is down by roughly 20 percent. By some measures, overall bond market losses have been worse than at any time since 1926.Even the price of bonds issued by the highest-rated corporations have cratered this year.The ICE BofA US Corporate Index, which tracks the performance of U.S. dollar denominated investment grade rated U.S. corporate debt, has severely declined.

    Source: Federal Reserve Bank of St. LouisBy The New York TimesThe yield on bonds issued by solid businesses is now about 6 percent, about twice as much as it was a year ago. That number indicates how high of an interest rate rock-solid corporations would have to pay to borrow more money right now; rates are even higher for smaller businesses or those that investors consider risky.Corporate bankruptcies and defaults remain low by historical standards, but a growing number of companies are struggling financially. Businesses in industries like retail, manufacturing and real estate are especially vulnerable because their sales are weak or falling. In many cases, their customers have also been hurt by higher interest rates because the higher borrowing costs have effectively raised the costs of big-tickets items like homes and cars.Until recently, for example, Carvana was a fast growing used car retailer with a soaring stock. The number of cars the company sold fell 8 percent in the third quarter, and its spending on interest payments tripled compared with the same period a year earlier. The interest rate on a big chunk of its debt issued this year that matures in 2030 is 10.25 percent. Its bonds are trading at less than 50 cents to the dollar, suggesting that investors would require Carvana to pay an interest rate of nearly 30 percent if it were to borrow more money for the same amount of time. The company’s stock is down more than 90 percent over the last year.“There’s certainly a lot of headwinds,” Ernest Garcia III, Carvana’s chief executive, said on a conference call with analysts last week. “Recently, we’ve seen car prices depreciate to the tune of give or take 10 percent so far this year, but we’ve also seen interest rates shoot up very rapidly and I think that overall has harmed affordability,” he added, even as he expressed optimism about the company’s ability to weather the financial storm.Carvana, Co. has paid more in interest payments in the last quarter compared to last year and sold fewer cars.Joe Raedle/Getty ImagesBefore rates jumped, companies borrowed a ton of money last year, with lower-rated firms selling more new bonds in 2021 than in any other year. But that flow has turned into a trickle as interest rates have risen and investors have grown more discerning about whom they lend money to. Banks are still making more commercial and industrial loans, but they are also becoming more discerning and are charging higher interest rates.Most investors, executives and economists expect a recession or anemic growth next year, which could make doing business, borrowing money and paying off loans even more difficult.What the Fed’s Rate Increases Mean for YouCard 1 of 4A toll on borrowers. More

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    Paper Source Files for Bankruptcy, Frustrating Cardmakers

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    The dispute between Paper Source and its vendors has turned a typically friendly industry sour at the moment.Credit…Maggie Shannon for The New York TimesSkip to contentSkip to site indexPaper Source’s Bankruptcy Leaves Female Cardmakers Feeling BurnedThe chain’s vendors, most of them small-business owners, say they are worried they won’t be paid for orders delivered in the weeks just before the filing.The dispute between Paper Source and its vendors has turned a typically friendly industry sour at the moment.Credit…Maggie Shannon for The New York TimesSupported byContinue reading the main storyMarch 10, 2021Updated 5:59 p.m. ET“Hell hath no fury like a stationer scorned.”That was the opening salvo of an Instagram post last week from Lisa Krowinski, founder of Sapling Press, a letterpress design and print shop in Pittsburgh. Ms. Krowinski was reeling after Paper Source, the stationery chain with 158 stores, abruptly filed for bankruptcy on March 2. Her five-person business had fulfilled big orders from the chain in January and February, and was owed more than $20,000 for items like Father’s Day cards and tea towels.The post attracted a slew of comments from other frustrated cardmakers — a niche industry dominated by female entrepreneurs — who were also concerned about whether they would get paid. Paper Source sent an email to vendors a day after it filed for bankruptcy, saying they would be paid in full for goods provided on or after March 2, and to file claims to retrieve the rest.“As a community, we feel that we’ve been taken advantage of in a way that no small business should have been, especially coming off a pandemic,” said Ms. Krowinski, 46, who sold goods to Paper Source for nine years. “It hurt extra hard.”Paper Source, founded in 1983, is the latest national retailer to file for Chapter 11 bankruptcy protection during the pandemic, a process that companies from J.C. Penney to J.Crew have used to keep their brands alive while getting out of store leases and cutting debt.The difference with Paper Source is that vendors say that the company placed significant new orders for cards and gifts in the run-up to the filing, even pushing to expedite deliveries. Now, it is unclear how much money vendors will recoup. The vendors are largely creative women who run small businesses on their own or with a handful of employees.“Women have already been so hurt in this pandemic disproportionately to men just in terms of the types of jobs we do and having families to take care of,” said Janie Velencia, the 30-year-old owner of the Card Bureau in Lorton, Va., which is owed $15,000 from Paper Source. “They did this to a bunch of female-owned companies during Women’s History Month and just before International Women’s Day.” (Paper Source is currently selling products celebrating those events.)Paper Source is now dealing with the unusually public fallout with its vendors, who happen to be in the trade of sharp and skilled communication, as it aims to keep operating. The company, based in Chicago, made its January and February orders “with the thought process at the time that we actually avoid Chapter 11 and potentially have an investor come into the business,” Winnie Park, Paper Source’s chief executive, said in an interview. “Unfortunately, those options didn’t materialize.”Ms. Park said that she was concerned about online “misinformation” about the bankruptcy, and that the company planned to create a webinar to help its more than 1,200 vendors understand how to file claims. She said that she hoped suppliers, roughly 250 of whom are cardmakers, would receive “normal or nearly full payments” through special financing for “critical vendors” and a court ruling that prioritizes suppliers whose goods were received in the 20 days before the filing.“Our intention was never to hurt women and female entrepreneurs,” Ms. Park, 49, said. “We have gone through a pandemic that was longer and deeper than any of us anticipated, and we have a path forward that we want to engage these women entrepreneurs in.”Still, three vendors shared emails from Paper Source in which the company offered them payments from the critical vendor fund that were between 10 percent and 30 percent of what they were owed. In exchange for the money, Paper Source said it needed confirmation that vendors would continue to provide goods to the chain, according to the emails, which were shared on the condition of anonymity because they were confidential.Among the biggest sticking points with vendors are the January and February orders. They question whether Paper Source knew it was making purchases that it could not pay for — at least not on time. Paper Source typically pays for goods 30 to 60 days after they are received. According to court documents, the company started preparing for a Chapter 11 filing in early February after failing to obtain a capital infusion or interest from 138 potential buyers last year.Alex Gagné Glover, the founder and chief executive of Chez Gagné, a seller of cards and drinkware in Los Angeles, said that Paper Source placed big new orders with her four-person company in December, January and February for letterpress-printed cards for anniversaries (“Doing this life thing with you is pretty awesome”) and friends (“you’re my soul sister”) and pushed for them to be delivered by the end of February. She thought the orders represented a glimmer of hope for post-pandemic sales. She said the chain now owed her more than $20,000.“It’s just really shady they would place so many orders with so many small businesses before the bankruptcy filing,” Ms. Gagné Glover, 33, said. Alex Gagné Glover, owner of Chez Gagné, which specializes in letterpress greeting cards and drinkware, said Paper Source owed her more than $20,000. Credit…Maggie Shannon for The New York TimesMs. Velencia said most of what she was owed came from orders this year. Sapling Press said it received its biggest order in months from Paper Source at the start of February. Steel Petal Press, a Chicago stationery and gift shop, said that it was waiting on five outstanding payments from Paper Source, including three orders made before the bankruptcy that it was asked to rush out.“There was no reason to rush through a $7,000 Father’s Day order — those cards were not going on the shelf in the middle of February,” Ms. Krowinski of Sapling Press said.Ms. Park said that the orders were not connected to the company’s bankruptcy. Paper Source has been trying to revive its inventory for months, she said, especially because it had to stock about 27 new locations that it acquired just before for the pandemic hit through the bankruptcy of Papyrus, its former rival. “We have been trying to get our inventory in greeting cards in a healthy position since last October when it was very clear we were really low in stock,” she said.But the move amplified the vendors’ confusion. “The fact that January came and brands started getting these big orders, they were happy and excited thinking this was great, things are on the upswing again and then it was not the case,” said Katie Hunt, a business coach who works with stationery vendors through her company, Proof to Product. “The optics are bad.”Paper Source, which has been privately held for years, is a relatively small retailer but a behemoth among stationery-makers, a friendly industry with regular trade shows and even “paper camps,” where aspiring cardmakers network and learn how to get their goods in bookshops and other chains, like Nordstrom. Because of its size, Paper Source is able to command concessions like longer payment deadlines. It has even solicited credits of up to $250 from vendors to help build new stores, according to emails reviewed by The New York Times.Paper Source has about 1,700 employees, the vast majority of whom are hourly, and it posted gross sales of $104 million last year, down from $153 million in 2019, according to court documents.Like many retailers, Paper Source’s sales plummeted last year as it grappled with shutdowns, capacity restrictions and “the wave of canceled weddings,” according to filings. It closed stores, eliminated jobs and cut the pay of senior managers. The company estimated that 30 percent of its formerly loyal shoppers have not visited a store or purchased from its website since the pandemic started.Paper Source has more than 1,200 vendors, some of whom are taking their frustrations public on social media.Credit…Maggie Shannon for The New York TimesCourt documents show that it has more than $100 million in debt and leases that cost $36 million annually. The company, which was majority-owned by Investcorp, secured short-term financing as part of the filing and plans to sell itself to lenders by the end of May. Paper Source declined to comment on specific costs tied to its debt.Many vendors said they understood that Paper Source was challenged by the pandemic. But while Paper Source can restructure, there is no guarantee of when or how much its suppliers will get paid.“I don’t think anyone’s mad at Paper Source for filing for bankruptcy,” said Kyle Durrie, who owns Power and Light Press in Silver City, N.M., and is owed about $8,000 from Paper Source. “Where I think this is really hitting a lot of us hard is just feeling like we’re being taken advantage of, and we have no rights or recourse because of how small we are.”While some vendors said that they would not work with Paper Source anymore, Ms. Park said she was optimistic that relations would improve with more education.“Bankruptcy is a well-worn path for those professionals who engage in it and do it every day,” she said. “For a community like Paper Source that’s never been through it, or our makers who have never been through it, it is confusing.”Gillian Friedman More

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    Europe’s Bankruptcies Are Plummeting. That May Be a Problem.

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    #masthead-section-label, #masthead-bar-one { display: none }The Coronavirus OutbreakliveLatest UpdatesMaps and CasesVaccine InformationTimelineWuhan, One Year LaterRomain Rozier in his empty restaurant in Paris. “We’re at death’s door.” he said.Credit…Sabine Mirlesse for The New York TimesEurope’s Bankruptcies Are Plummeting. That May Be a Problem.Governments have extended national programs to keep troubled businesses afloat, but the aid may only be postponing a painful reckoning.Romain Rozier in his empty restaurant in Paris. “We’re at death’s door.” he said.Credit…Sabine Mirlesse for The New York TimesSupported byContinue reading the main storyJan. 25, 2021, 12:01 a.m. ETPARIS — Romain Rozier’s cafe should be bankrupt by now.Since the coronavirus hit last spring, sales at the once buzzing lunch spot in northern Paris are down 80 percent. The only customers on a recent day were a couple of UberEats couriers and a handful of people spaced far apart at the counter, ordering takeout.“We’re at death’s door,” Mr. Rozier said, tallying the 300 euros ($365) he had made from the lunch shift, well below the €1,200 he used to pull in. “The only reason we haven’t gone under is because of financial aid.”France and other European countries are spending enormous sums to keep businesses afloat during the worst recession since World War II. But some worry they’ve gone too far; bankruptcies are plunging to levels not seen in decades.While the aid has prevented a surge in unemployment, the largess risks turning swaths of the economy into a kind of twilight zone where firms are swamped with debt they cannot pay off but receiving just enough state aid to stay alive — so-called zombie companies. Unable to invest or innovate, these firms could contribute to what the World Bank recently described as a potential “lost decade” of stagnant economic growth caused by the pandemic.“We need to get off of all of these subsidies at some point — otherwise, we’ll have a zombie economy,” said Carl Bildt, co-chair of the European Council on Foreign Relations and a former prime minister of Sweden.Bankruptcies fell 40 percent last year in France and Britain, and were down 25 percent on average in the European Union. Without government intervention, including billions in state-backed loans and subsidized payrolls, European business failures would have almost doubled last year, according to a study by the National Bureau of Economic Research, a private American organization.At the Commercial Court of Paris, Judge Patrick Coupeaud, who has handled bankruptcy cases for nearly a decade, sees the difference. “I have about a third fewer people coming to me, because many troubled businesses are being helped by the state,” he said, gesturing to the court’s nearly empty colonnaded marble halls.Judges Dominique-Paul Vallée, left, and Patrick Coupeaud. “Failure is not a word that the French like to use,” Judge Vallée said.Credit…Sabine Mirlesse for The New York TimesBy contrast, Chapter 11 bankruptcy filings in the United States rose in the third quarter to the highest level since the 2010 financial crisis, a trend that is expected to continue in 2021, according to an index compiled by the U.S. law firm Polsinelli.President Biden has proposed a new $1.9 trillion rescue package to combat the economic downturn and the Covid-19 crisis, and last week, the government reported that 900,000 Americans had filed new unemployment claims.Those statistics are shaping a debate over whether Europe’s strategy of protecting businesses and workers “at all costs” will cement a recovery, or leave economies less competitive and more dependent on government aid when the pandemic recedes.“Parts of the misery have only been delayed,” said Bert Colijn, chief eurozone economist at the Dutch bank ING. He added that there would be “a catch-up in bankruptcies” and a spike in unemployment whenever support measures were withdrawn.Analysts say the government programs are already seeding the economy with thousands of inefficient businesses with low productivity, high debt and a high prospect of default once low interest rates normalize.An estimated 10 percent of companies in France were saved from bankruptcy because of government funds, according to Rexecode, a French economic think tank.Letting unviable businesses go under, while painful, will be essential for allowing competitive sectors to thrive, said Jeffrey Franks, the head of the International Monetary Fund’s mission for France.The Coronavirus Outbreak More