A New York City landlord has filed a lawsuit against Walmart Inc. and the bankruptcy successor to Bonobos Inc., alleging a massive fraudulent scheme related to a Fifth Avenue retail lease. The complaint, filed by EKFH LLC in the Delaware Court of Chancery, seeks hundreds of millions in compensatory and punitive damages under both Delaware and New York law.
The lawsuit claims that Walmart and WHP Global orchestrated a plan to strip valuable assets from the menswear company Bonobos — now known as BNWHP LLC — leaving creditors with minimal recourse. The legal action centers on the alleged unauthorized transfer of Bonobos’ Fifth Avenue lease to Express Inc., which later filed for Chapter 11 bankruptcy.
According to the complaint, Walmart purchased Bonobos in 2017 for over $300 million. In 2023, WHP Global acquired the business for just $75 million, while Bonobos’ leases were transferred to Express without EKFH’s consent. EKFH maintains it never approved the lease assignment and that neither Walmart nor Bonobos-BNWHP filed for Chapter 11 to legally discharge their obligations.
“This is a clear case of billion-dollar companies using corporate maneuvering to sidestep their responsibilities,” said Jack Rose of the Law Offices of Jack J. Rose PLLC, counsel to EKFH. “Walmart and WHP Global must be held accountable for their role in this scheme.”
The suit includes multiple claims, including:
