Business
B. Riley-backed Vitamin Shoppe owner files for bankruptcy
Franchise Group, the company at the heart of a troubled management buyout that has devastated the stock of B. Riley Financial, has filed for bankruptcy — but plans to keep open most of its retail brands, including Vitamin Shoppe.
The retailer filed for Chapter 11 bankruptcy protection on Sunday, announcing it already had a deal with about 80% of its senior secured lenders that would allow them to convert their debt into ownership stakes and continue operating the businesses.
The company’s chains also include Pet Supplies Plus and Buddy’s Home Furnishings. Its fourth retailer, discount furniture and appliance seller American Freight, will be closed. American Freight operates more than a dozen stores in California, including outlets in Torrance, West Covina and Palmdale.
Westwood-based B. Riley took the Delaware, Ohio, company private last year in a $2.8-billion management-led buyout that turned disastrous amid slowing sales for Franchise Group and a scandal involving ties between its founder, Brian Kahn, and Prophecy Asset Management, a hedge fund that federal prosecutors allege defrauded investors of $294 million. Kahn has denied any wrongdoing.
B. Riley took on $600 million in debt to underwrite the deal and lent Kahn $200 million over the years to establish Franchise Group and take it private — with most of the loan secured by shares of the retailer. B. Riley founder and co-ceo Bryant Riley has denied knowledge of any wrongdoing, but his firm’s dealings with Kahn are the subject of a Securities and Exchange Commission investigation.
Riley, in a letter Monday to employees, said he felt “personally sick about this result,” which would likely result in a total loss of any equity stakes in Franchise Group for the company, 69 employees and others, including wealth clients and institutional investors.
He added that the downturn in consumer spending and the scandal involving Prophecy could not have been foreseen, but that B. Riley is in “far better shape than folks give us credit for.”
B. Riley has already announced that it would mark down its investment in Franchise Group by up to $370 million and record a loss of up to $475 million when it files its second quarter earnings, which it has yet to do.
Shares of B. Riley were down 13% to $4.95 Monday on the Nasdaq. The stock traded close to $90 three years ago.
Riley told The Times in September that the firm had lowered its debt related to the deal to about $380 million and was carrying $1.9 billion in total debt.
The financial services company has since been selling off assets to continue cutting its debt. Riley, in his letter, said that debt related to the Franchise deal would lower to $125 million by the end of the month.
In September, B. Riley said it had sold a majority stake in its Great American appraisal and liquidation business for about $203 million to Oaktree Capital Management, while retaining a 47% stake valued at roughly $183 million in a new holding company it formed with the L.A. distressed asset manager.
The company also sold off its its interests in a number of apparel brands and the former mall retailer Brookstone for about $236 million.
A few days ago, it said it had sold off a small portion of its wealth management business to Stifel Financial Corp. for up to $35 million in cash. Some 40 to 50 advisors, along with the associated customer accounts, are expected to move to Stifel early next year.
Business
The Container Store files for bankruptcy amid stiff competition
The Container Store has filed for Chapter 11 bankruptcy protection amid steep losses, slumping sales and increased competition.
Business in its stores and online will continue as usual while it restructures, the Texas-based home goods, storage and custom closets chain said late Sunday. Customer deposits for in-home services will be honored, and merchandise orders will be delivered as normal.
“The Container Store is here to stay,” Chief Executive Satish Malhotra said in a statement. “Our strategy is sound, and we believe the steps we are taking today will allow us to continue to advance our business.”
The Container Store peaked in its 2021 fiscal year, when the company exceeded $1 billion in sales for the first time and posted record earnings as consumers spent heavily on home remodeling and redecorating projects during months of pandemic quarantine. A national de-cluttering craze, set off by organization expert Marie Kondo, also benefited the chain.
But since then, the Container Store has struggled.
Part of the company’s struggles are due to competition from rivals including Target, Walmart and Amazon, which often sell storage items that are similarly stylish at a lower price point. And with housing prices and mortgage rates remaining stubbornly high, many prospective home buyers have been forced to wait on the sidelines, dampening demand for a wide range of products and services that come with outfitting a new property.
For the three months ended Sept. 28, the Container Store reported a loss of $16.1 million. Sales totaled $196.6 million, down 10.5% compared with the same quarter a year earlier. Same-store sales fell 12.5%.
Founded in 1978, the Container Store operates more than 100 stores around the country. In Los Angeles County, it has locations in Century City, El Segundo, Pasadena and Woodland Hills.
It filed for bankruptcy protection in the Southern District of Texas, two weeks after the New York Stock Exchange notified the company that its shares would be suspended for failing to maintain an average global market capitalization of at least $15 million over 30 consecutive trading days.
The Container Store said it expected to confirm a plan of reorganization within 35 days and emerge from bankruptcy soon after as a private company. The company said at least 90% of its term loan lenders had pledged $40 million in new money financing.
The Chapter 11 process does not include Elfa, a separate customized closet business based in Sweden, which is owned by the Container Store.
In an email to customers Monday, Malhotra said the company had felt “the impact of the challenging macro-economic environment” but reassured them that “our obligations to you will be fulfilled as expected.”
“You can feel confident that any orders, deposits or business you have with us are safe,” he said.
It has been a tough month for large-format retail chains. Last week Party City filed for Chapter 11 bankruptcy and said it would close all of its roughly 700 stores nationwide, and Big Lots said it would begin going-out-of-business sales at about 870 stores after a deal to sell the company fell through.
Business
Judge enters default judgment in suit against Kanye West's private school
A judge entered a default judgment against Kanye West’s Christian private school in Los Angeles Superior Court on Wednesday in connection with a lawsuit filed by a former employee.
Isaiah Meadows, Yeezy Christian Academy’s former assistant principal, sought a default judgment in his wrongful termination and unpaid wages lawsuit against the school — later rebranded Donda Academy — and other defendants for failure to appear through licensed attorneys.
The judge, Christopher K. Lui, ruled in favor of Meadows’ motion. He also ruled that the answers given by defendants — Yeezy Christian Academy, Donda Services LLC and Strokes Canyon LLC — in response to Meadows’ complaint be stricken.
Last year, a lawyer representing West, and the three other defendants denied “each and every allegation of Meadows complaint,” in a filing with the court.
In August, Brian Blumfield, West’s most recent attorney who was representing the music mogul and other business entities in the matter, sought his removal from the case on the grounds that the defendants had terminated their relationship in June and that they had refused to speak to or pay Blumfield, according to court filings. The judge granted the request.
Meadows had alleged that he brought many of the school’s health and safety issues to the attention of West and the school’s director. But they were left unaddressed and Meadows was later fired.
According to the complaint, a skylight in one of the classrooms didn’t have glass, allowing rain to fall in the building. West reportedly did not like glass.
“Water would soak into the floor, which would lead to a moldy smell for the next few days.”
Further, electrical and telephone wires were also allegedly left exposed and on one occasion an electrical fire started near a student dining area.
In 2020, Meadows was offered $165,000 salary to work, according to the suit. However, he claimed that West later reneged on his promise to pay for his rent after doing so for three months — Meadows had relocated with his family from North Hollywood to Calabasas to work at the school.
The rent payments ended in February 2021, Meadows claimed after he “was suspended after calling for meetings and raising concerns regarding operations of the school.”
Meadows alleged that his salary was then cut and he was later demoted and worked as a teacher’s assistant and physical education teacher. That April, he sent an email outlining his concerns about his pay and that of other staff members.
Nearly two weeks before the new school year was to start in 2022, Meadows was told that he was being terminated “with no explanation as to why.”
The suit is one of at least five filed against West and Donda Academy since 2023 that allege a hostile workplace as a result of West’s conduct, which includes claims of discrimination and antisemitism, and retaliation, as well as various health and safety issues at the school’s property that was located first in Calabasas, then Simi Valley and finally in Chatsworth.
Donda Academy abruptly shut down in October 2022, amid a cascade of fallout from West’s antisemitic comments, which led a number of his business partners such as the Gap and Adidas to sever ties with him.
There were reports that the school reopened shortly thereafter; however, according to the California Department of Education, the school has been closed since June of this year.
Business
Santa, aka the IRS, might be dropping $1,400 into your stocking this year
Everyone’s favorite Christmas gift giver, the Internal Revenue Service, has announced that it will be doling out more than $2 billion in checks to Americans this month as part of its effort to make sure everyone received their stimulus payments from 2021.
The federal tax agency has announced that an internal review showed many Americans had never received their economic impact payments, which were supposed to go out following the filing of 2021 tax returns. Because of this, the agency is paying out the money they still owe Americans who never received their checks.
Although most eligible Americans received their stimulus payments, the checks will be sent to those who qualified but filed a 2021 tax return that left the space for recovery rebate credit blank.
Those people are eligible for up to $1,400 from the federal government. The payments should be received by late January 2025, at the latest.
“These payments are an example of our commitment to go the extra mile for taxpayers. Looking at our internal data, we realized that 1 million taxpayers overlooked claiming this complex credit when they were actually eligible,” said IRS Commissioner Danny Werfel. “To minimize headaches and get this money to eligible taxpayers, we’re making these payments automatic, meaning these people will not be required to go through the extensive process of filing an amended return to receive it.”
Stimulus payments of $1,400 were sent out to Americans as part of a $1.9-trillion COVID-19 relief bill. Millions of Americans were eligible for the payments.
To get a check, Americans were required to make less than $75,000 per year or under $150,000 as a household.
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