Sears Holdings Corporation

Case No. 18-23538


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.


Dates

October 23 2019 Omnibus Hearing 10:00 a.m. (ET) Notice of Agen... Add to Calendar
November 20 2019 Omnibus Hearing 10:00 a.m. (ET) Notice of Hear... Add to Calendar
December 13 2019 Omnibus Hearing 10:00 a.m. (ET) Notice of Hear... Add to Calendar
+ SHOW ALL DATES
October 15 __ 2018
October 15 2:00 p.m. (ET) 2018
October 25 2:00 p.m. (ET) 2018
November 1 2:00 p.m. (ET) 2018
November 15 10:00 a.m. (ET) 2018
November 19 1:00 p.m. (ET) 2018
November 20 12:00 p.m. (ET) 2018
Auction on SRAC Medium Term Notes Add to Calendar
December 13 2:30 p.m. (ET) 2018
December 18 10:00 a.m. (ET) 2018
December 20 10:00 a.m. (ET) 2018
January 18 10:00 a.m. (ET) 2019
February 4 10:00 a.m. (ET) 2019
February 14 10:00 a.m. (ET) 2019
March 21 10:00 a.m. (ET) 2019
April 10 5:00 p.m. (ET) 2019
April 18 10:00 a.m. (ET) 2019
May 21 10:00 a.m. (ET) 2019
May 29 1:30 p.m. (ET) 2019
June 20 10:00 a.m. (ET) 2019
July 11 10:00 a.m. (ET) 2019
July 31 10:00 a.m. (ET) 2019
August 22 10:00 a.m. (ET) 2019
September 3 5:00 p.m. (ET) 2019
Voting Deadline Add to Calendar
September 3 5:00 p.m. (ET) 2019
September 18 Date above TBD 2019
October 3 10:00 a.m. (ET) 2019
October 23 10:00 a.m. (ET) 2019
November 20 10:00 a.m. (ET) 2019
December 13 10:00 a.m. (ET) 2019

Parties

Debtors' Counsel

  • Weil, Gotshal & Manges LLP

    767 Fifth Avenue
    New York, NY   10153
    https://www.weil.com/
    Phone: 212-310-8000
    Fax: 212-310-8007

    Ray C. Schrock, P.C.
    Garrett A. Fail
    Jacqueline Marcus
    Sunny Singh

Debtors' Restructuring Advisors

  • M-III Partners, LP

    130 West 42nd Street
    17th Floor
    New York, NY   10036
    https://miiipartners.com
    Phone: 212-716-1491
    Fax: 212-531-4532

    Colin M. Adams
    Brian Griffith

Unsecured Creditors' Committee Counsel

  • Akin Gump Strauss Hauer & Feld LLP

    One Bryant Park
    New York, NY   10036
    https://www.akingump.com/en/
    Phone: 212.872.1000
    Fax: 212.872.1002

    Ira S. Dizengoff
    Philip C. Dublin
    Abid Qureshi
    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
    http://www.nysb.uscourts.gov
    Phone: 914-467-7088

  • United States Trustee

    U.S. Federal Office Building
    201 Varick Street, Suite 1006
    New York, NY   10014
    https://www.justice.gov/ust-regions-r02
    Phone: 212-510-0500
    Fax: 212-668-2255

    Paul Schwartzberg
    Richard Morrissey

Debtors

Case Number Debtor Name Petition Date
Case Number 18-23538 Debtor Name Sears Holdings Corporation Petition Date October 15, 2018
Case Number 18-23543 Debtor Name A&E Factory Service, LLC Petition Date October 15, 2018
Case Number 18-23544 Debtor Name A&E Home Delivery, LLC Petition Date October 15, 2018
Case Number 18-23545 Debtor Name A&E Lawn & Garden, LLC Petition Date October 15, 2018
Case Number 18-23546 Debtor Name A&E Signature Service, LLC Petition Date October 15, 2018
Case Number 18-23564 Debtor Name Big Beaver of Florida Development, LLC Petition Date October 15, 2018
Case Number 18-23582 Debtor Name BlueLight.com, Inc. Petition Date October 15, 2018
Case Number 18-23565 Debtor Name California Builder Appliances, Inc. Petition Date October 15, 2018
Case Number 18-23547 Debtor Name FBA Holdings Inc. Petition Date October 15, 2018
Case Number 18-23566 Debtor Name Florida Builder Appliances, Inc. Petition Date October 15, 2018
Case Number 18-23548 Debtor Name Innovel Solutions, Inc. Petition Date October 15, 2018
Case Number 18-23567 Debtor Name KBL Holding Inc. Petition Date October 15, 2018
Case Number 18-23554 Debtor Name Sears Home & Business Franchises, Inc. Petition Date October 15, 2018
Case Number 18-23568 Debtor Name KLC, Inc. Petition Date October 15, 2018
Case Number 18-23549 Debtor Name Kmart Corporation Petition Date October 15, 2018
Case Number 18-23539 Debtor Name Kmart Holding Corporation Petition Date October 15, 2018
Case Number 18-23576 Debtor Name Kmart of Michigan, Inc. Petition Date October 15, 2018
Case Number 18-23570 Debtor Name Kmart of Washington LLC Petition Date October 15, 2018
Case Number 18-23540 Debtor Name Kmart Operations LLC Petition Date October 15, 2018
Case Number 18-23571 Debtor Name Kmart Stores of Illinois LLC Petition Date October 15, 2018
Case Number 18-23572 Debtor Name Kmart Stores of Texas LLC Petition Date October 15, 2018
Case Number 18-23585 Debtor Name Kmart.com LLC Petition Date October 15, 2018
Case Number 18-23550 Debtor Name MaxServ, Inc. Petition Date October 15, 2018
Case Number 18-23573 Debtor Name MyGofer LLC Petition Date October 15, 2018
Case Number 18-23551 Debtor Name Private Brands, Ltd. Petition Date October 15, 2018
Case Number 18-23574 Debtor Name Sears Brands Business Unit Corporation Petition Date October 15, 2018
Case Number 18-23586 Debtor Name Sears Brands Management Corporation Petition Date October 15, 2018
Case Number 18-23583 Debtor Name Sears Brands, L.L.C. Petition Date October 15, 2018
Case Number 18-23584 Debtor Name Sears Buying Services, Inc. Petition Date October 15, 2018
Case Number 18-23552 Debtor Name Sears Development Co. Petition Date October 15, 2018
Case Number 18-23553 Debtor Name Sears Holdings Management Corporation Petition Date October 15, 2018
Case Number 18-23555 Debtor Name Sears Home Improvement Products, Inc. Petition Date October 15, 2018
Case Number 18-23541 Debtor Name Sears Operations LLC Petition Date October 15, 2018
Case Number 18-23558 Debtor Name Sears Protection Company Petition Date October 15, 2018
Case Number 18-23569 Debtor Name Sears Protection Company (Florida), L.L.C. Petition Date October 15, 2018
Case Number 18-23560 Debtor Name Sears Roebuck Acceptance Corp. Petition Date October 15, 2018
Case Number 18-23537 Debtor Name Sears, Roebuck and Co. Petition Date October 15, 2018
Case Number 18-23561 Debtor Name Sears, Roebuck de Puerto Rico, Inc. Petition Date October 15, 2018
Case Number 18-23577 Debtor Name SHC Desert Springs, LLC Petition Date October 15, 2018
Case Number 18-23578 Debtor Name SOE, Inc. Petition Date October 15, 2018
Case Number 18-23556 Debtor Name Sears Insurance Services, L.L.C. Petition Date October 15, 2018
Case Number 18-23557 Debtor Name Sears Procurement Services, Inc. Petition Date October 15, 2018
Case Number 18-23562 Debtor Name SYW Relay LLC Petition Date October 15, 2018
Case Number 18-23563 Debtor Name Wally Labs LLC Petition Date October 15, 2018
Case Number 18-23579 Debtor Name StarWest, LLC Petition Date October 15, 2018
Case Number 18-23580 Debtor Name STI Merchandising, Inc. Petition Date October 15, 2018
Case Number 18-23581 Debtor Name Troy Coolidge No. 13, LLC Petition Date October 15, 2018
Case Number 18-23559 Debtor Name Sears Protection Company (PR) Inc. Petition Date October 15, 2018
Case Number 18-23542 Debtor Name ServiceLive, Inc. Petition Date October 15, 2018
Case Number 18-23575 Debtor Name Sears Holdings Publishing Company, LLC Petition Date October 15, 2018
Case Number 18-23616 Debtor Name SHC Licensed Business LLC Petition Date October 18, 2018
Case Number 18-23630 Debtor Name SHC Promotions LLC Petition Date October 22, 2018
Case Number 19-22031 Debtor Name SRe Holding Corporation Petition Date January 07, 2019