Chapter 11 Sale on the Fast Track
Lugano is simultaneously preparing for a formal Chapter 11 sale. The bid deadline is set for the day after a Dec. 11 procedures hearing, with a final sale hearing scheduled for Dec. 17.
If no competing offer emerges, Lugano plans to enter into an equity deal with ERF that guarantees the estate 40% of the aggregate cost value of its goods—a structure that also operates as a stalking-horse bid, setting the minimum bar for rival bidders.
Concerns From the Watchdog
Timothy Jay Fox Jr. of the U.S. Trustee’s Office raised alarms about ERF having excessive access and influence in the early stages, warning that giving a potential buyer the ability to “look, feel and touch” the merchandise on day one tilts the playing field.
Judge Shannon acknowledged the concern but ultimately overruled the objection, saying the arrangement “preserves a measure of optionality” and that the level of control was not “fatal to the request for limited relief.”
A Company Under a Cloud of Accusations
The bankruptcy filings reveal a company at war with its own past leadership. Lugano and its affiliates filed late Sunday amid mounting lawsuits tied to the alleged conduct of former CEO and founder Mordechai Haim Ferder.
According to the declaration of Chief Restructuring Officer J. Michael Issa, Ferder was removed in May after being accused of luring business partners to invest in individual diamonds with promises of returns that never materialized. Lugano sued him in June for fraud and breach of fiduciary duty, and up to 60 potential diamond claimants have since stepped forward.
Compass conducted an internal audit after Ferder’s ouster and discovered the business had been far less profitable than it appeared, the declaration states.
