Sears Holdings Corporation and certain of its subsidiaries (collectively, the "Company") have filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York. The Company intends to use this process to position it to establish a sustainable capital structure, continue streamlining its operating model and grow profitably for the long term.
The Company expects to move through the restructuring process as expeditiously as possible and is committed to pursuing a plan of reorganization in the very near term as it continues negotiations with major stakeholders started prior to the announcement.
The cases are pending before the Honorable Robert D. Drain, and are jointly administered under Case No. 18-23538.
Sears Holdings Corporation is a leading integrated retailer focused on seamlessly connecting the digital and physical shopping experiences to serve its members. The Company operates through its subsidiaries, including Sears, Roebuck and Co. and Kmart Corporation, with full-line and specialty retail stores across the United States. Sears Holdings is also home to Shop Your Way®, a social shopping platform offering members rewards for shopping at Sears and Kmart as well as with other retail partners. For more information, visit www.searsholdings.com.
For additional information about the restructuring process, please visit Sears Holdings’ restructuring website at: restructuring.searsholdings.com.
Plan and Disclosure Statement
On April 17, 2019, the Debtors filed their Joint Chapter 11 Plan of Reorganization and the Disclosure Statement related thereto. The Bankruptcy Court will hold a hearing to consider approval of the Disclosure Statement on May 29, 2019. On June 28, 2019, the Bankruptcy Court entered an order approving the Disclosure Statement. The Bankruptcy Court will hold a hearing to consider confirmation of the Plan on September 18, 2019.
Please click below to view all documents related to the Plan and Disclosure Statement:
Deadline to File Claims
The Bankruptcy Court has set the following deadlines for filing proofs of claim against the Debtors:
- General Bar Date (all creditors other than Governmental Units): April 10, 2019 at 5:00 p.m. (Eastern Time)
- Governmental Unit Bar Date: September 3, 2019 at 5:00 p.m. (Eastern time)
A copy of the Notice of Deadline for Filing Proofs of Claim (the “Bar Date Notice”) is available here.
- The Bar Date Notice was mailed to all known parties with a relationship to the Debtors, including shareholders, customers, and current and former employees.
- The fact that you have received the Bar Date Notice does not mean that you have a claim or that the Debtors believe that you have a claim.
- The Bar Date Notice lists who must file a proof of claim, and who need not file a proof of claim.
- Please read the Bar Date Notice carefully. You should consult an attorney if you have any questions, including whether you should file a proof of claim.
- Prime Clerk is not permitted to provide legal advice, including advising as to whether or not you should file a proof of claim.
Click on "Submit a Claim" above to download a proof of claim form and for more information regarding filing a claim against the Debtors.
Answers to FAQs are available here.
Global Asset Sale Process
On November 11, 2018, the Court entered the Order Approving Global Bidding Procedures and Granting Related Relief [ECF No. 816] (the “Global Bidding Procedures Order”) for a sale of the Debtors’ assets, including the “Go Forward Stores” on a going concern or liquidation basis.
On January 14, 2019, the Debtors commenced an auction for the sale of the Global Assets (the “Auction”). As announced on the record of the Auction, the Debtors, as directed by their restructuring committee, determined that the offer submitted by Transform Holdco, LLC (the “Buyer”), established by ESL Investments, Inc. to acquire all or substantially all of the Global Assets, was the highest or best offer for the Global Assets (the “Successful Bid”).
On January 18, 2018, the Debtors filed the Notice of Successful Bidder and Sale Hearing [ECF No. 1730] and attached a summary of the material terms of the Successful Bid as Exhibit A thereto. The executed asset purchase agreement was attached as Exhibit B thereto and a proposed sale order attached as Exhibit C thereto.
Important Dates and Deadlines Related to the Global Asset Sale Process:
• January 26, 2019 (4:00 p.m. ET): Deadline to object to (i) the proposed Sale Transaction for a Successful Bidder, (ii) Debtors’ proposed Cure Costs for Proposed Assumed Contracts not included in any Stalking Horse Bid, (iii) the assumption of and assignment to a Successful Bidder of any Proposed Assumed Contracts or any Contracts or Leases that may later be designated by such Successful Bidder for assumption and assignment, and (iv) conduct of the Auction
• February 4, 2019 (10:00 a.m. ET): Commencement of the Sale Hearing
Please click below to view and download documents related to the Global Asset Sale Process:
• Global Bidding Procedures Order
• Notice of Filing of Global Bidding Procedures Process Letter
• Motion for Approval of Global Bidding Procedures
• Notice of Auction Results and Sale
• Assumption and Assignment Notice
• Supplemental Assumption and Assignment Notice
• Schedules 1.1(m) – (p) to the Asset Purchase Agreement
Hearing on First Day Motions
A hearing on the Company's First Day Motions was held on October 15 at 2:00 p.m. (ET) before the Honorable Judge Robert D. Drain, United States Bankruptcy Court for the Southern District of New York, 300 Quarropas Street, White Plains, NY 10601.
A final hearing on certain of the First Day Motions was held on November 15, 2018 at 10:00 a.m. (ET).
Please click below to view and download the First Day Motions and the First Day Orders:
Governmental Bar Date
First Day Hearing
Store Closing Procedures Hearing
Final Hearing on Certain First Day Motions
Hearing on Medium Term Notes
Auction on SRAC Medium Term Notes
Meeting of Creditors
Commencement of the Sale Hearing
General Bar Date
Disclosure Statement Hearing
Governmental Bar Date
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
Ray C. Schrock, P.C.
Garrett A. Fail
Debtors' Restructuring Advisors
M-III Partners, LP
130 West 42nd Street
New York, NY 10036
Colin M. Adams
Unsecured Creditors' Committee Counsel
Akin Gump Strauss Hauer & Feld LLP
One Bryant Park
New York, NY 10036
Ira S. Dizengoff
Philip C. Dublin
Sara L. Brauner
United States Trustee and Court Information
United States Bankruptcy Court
Southern District of New York
300 Quarropas Street, Room 248
White Plains, NY 10601
United States Trustee
U.S. Federal Office Building
201 Varick Street, Suite 1006
New York, NY 10014
|18-23538||Sears Holdings Corporation||October 15, 2018|
|18-23543||A&E Factory Service, LLC||October 15, 2018|
|18-23544||A&E Home Delivery, LLC||October 15, 2018|
|18-23545||A&E Lawn & Garden, LLC||October 15, 2018|
|18-23546||A&E Signature Service, LLC||October 15, 2018|
|18-23564||Big Beaver of Florida Development, LLC||October 15, 2018|
|18-23582||BlueLight.com, Inc.||October 15, 2018|
|18-23565||California Builder Appliances, Inc.||October 15, 2018|
|18-23547||FBA Holdings Inc.||October 15, 2018|
|18-23566||Florida Builder Appliances, Inc.||October 15, 2018|
|18-23548||Innovel Solutions, Inc.||October 15, 2018|
|18-23567||KBL Holding Inc.||October 15, 2018|
|18-23554||Sears Home & Business Franchises, Inc.||October 15, 2018|
|18-23568||KLC, Inc.||October 15, 2018|
|18-23549||Kmart Corporation||October 15, 2018|
|18-23539||Kmart Holding Corporation||October 15, 2018|
|18-23576||Kmart of Michigan, Inc.||October 15, 2018|
|18-23570||Kmart of Washington LLC||October 15, 2018|
|18-23540||Kmart Operations LLC||October 15, 2018|
|18-23571||Kmart Stores of Illinois LLC||October 15, 2018|
|18-23572||Kmart Stores of Texas LLC||October 15, 2018|
|18-23585||Kmart.com LLC||October 15, 2018|
|18-23550||MaxServ, Inc.||October 15, 2018|
|18-23573||MyGofer LLC||October 15, 2018|
|18-23551||Private Brands, Ltd.||October 15, 2018|
|18-23574||Sears Brands Business Unit Corporation||October 15, 2018|
|18-23586||Sears Brands Management Corporation||October 15, 2018|
|18-23583||Sears Brands, L.L.C.||October 15, 2018|
|18-23584||Sears Buying Services, Inc.||October 15, 2018|
|18-23552||Sears Development Co.||October 15, 2018|
|18-23553||Sears Holdings Management Corporation||October 15, 2018|
|18-23555||Sears Home Improvement Products, Inc.||October 15, 2018|
|18-23541||Sears Operations LLC||October 15, 2018|
|18-23558||Sears Protection Company||October 15, 2018|
|18-23569||Sears Protection Company (Florida), L.L.C.||October 15, 2018|
|18-23560||Sears Roebuck Acceptance Corp.||October 15, 2018|
|18-23537||Sears, Roebuck and Co.||October 15, 2018|
|18-23561||Sears, Roebuck de Puerto Rico, Inc.||October 15, 2018|
|18-23577||SHC Desert Springs, LLC||October 15, 2018|
|18-23578||SOE, Inc.||October 15, 2018|
|18-23556||Sears Insurance Services, L.L.C.||October 15, 2018|
|18-23557||Sears Procurement Services, Inc.||October 15, 2018|
|18-23562||SYW Relay LLC||October 15, 2018|
|18-23563||Wally Labs LLC||October 15, 2018|
|18-23579||StarWest, LLC||October 15, 2018|
|18-23580||STI Merchandising, Inc.||October 15, 2018|
|18-23581||Troy Coolidge No. 13, LLC||October 15, 2018|
|18-23559||Sears Protection Company (PR) Inc.||October 15, 2018|
|18-23542||ServiceLive, Inc.||October 15, 2018|
|18-23575||Sears Holdings Publishing Company, LLC||October 15, 2018|
|18-23616||SHC Licensed Business LLC||October 18, 2018|
|18-23630||SHC Promotions LLC||October 22, 2018|
|19-22031||SRe Holding Corporation||January 07, 2019|