Case Background

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.

Important Information & Dates

Administrative Expense Claims Consent Program

On October 15, 2019, the Bankruptcy Court entered an order confirming the Modified Second Amended Joint Chapter 11 Plan of Sears Holdings Corporation and Its Affiliated Debtors (ECF No. 5370) (the “Confirmation Order”). The Confirmation Order approved, among other things, the Administrative Expense Claims Consent Program, the Opt-In/Opt-Out Procedures, and the form of Opt-In Ballot and Opt-Out Ballot.

The deadline to opt in to or opt out of the Administrative Expense Claims Consent Program is November 18, 2019, at 4:00 p.m. (ET).

For more information, please click below to view the documents related to the Administrative Expense Claims Consent Program:

Confirmation Order

Notice and Ballots

Plan and Disclosure Statement

On April 17, 2019, the Debtors filed their Joint Chapter 11 Plan of Reorganization and the Disclosure Statement related thereto. On June 28, 2019, the Bankruptcy Court entered an order approving, among other things, the Disclosure Statement and solicitation procedures and setting a date for a hearing to consider approval of the Disclosure Statement. On October 15, 2019, the Bankruptcy Court entered an order confirming the Plan.

Please click below to view all documents related to the Plan and Disclosure Statement:

Plan & 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.