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America November 3, 2023 4 mins read

Soft Surroundings Files for Bankruptcy, Secures Approval for Chapter 11 Plan

America ı By Rihem Akkouche

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Soft Surroundings files for bankruptcy

In a thrilling turn of events, a Texas bankruptcy judge, Christopher M. Lopez, handed down approval for Soft Surroundings, the renowned women's apparel retailer, to proceed with its Chapter 11 plan. The decision comes with a burst of perplexity as the company navigates a financial storm, including a $22.7 million sale of its e-commerce platform and a $400,000 settlement for its unsecured creditors.

Soft Surroundings Files for Bankruptcy: Support from All Quarters

This twist in the tale unfolded during a brief hearing, where Judge Lopez gave the green light after receiving assurances of unanimous support from all voting creditors and the unsecured creditors committee. St. Louis-based Soft Surroundings had entered Chapter 11 on September 10, shackled with a staggering $68.9 million in debt.

A Strategic Deal and Unprecedented Resilience

In a move that can only be described as an extraordinary feat of financial strategy, Soft Surroundings had struck a deal with its lenders to shutter its brick-and-mortar stores and sell its online business to retail titan Coldwater Creek. This deal was all part of a meticulously planned restructuring support agreement that was executed before the Chapter 11 filing.

Under this groundbreaking agreement, 1903 Partners, the plan sponsor, and senior term lender, took center stage as the purchaser. They orchestrated a sale process, orchestrating the transfer of Soft Surroundings' e-commerce platform and intellectual property to Coldwater Creek, a move likened to a game-changing chess play. The winding down of Soft Surroundings' physical stores was expertly managed by Gordon Brothers Group, the provider of the company's $18 million in debtor-in-possession financing.

The $22.7 Million Gamble

As the courtroom crackled with anticipation, counsel for 1903 Partners revealed the final consideration — a staggering $22.7 million. This sum included a captivating blend of $10 million in cash, a $10 million credit bid, the assumption of contract and lease claims, and a remarkable backstop for Soft Surroundings' Chapter 11 expenses.

Brentwood Associates' Generous Gesture

Cindi Giglio, representing Soft Surroundings, announced a generous gesture from the company's parent, private equity firm Brentwood Associates. They pledged to deposit $400,000 into a trust earmarked for general unsecured claims. This trust will also serve as a safety net for any litigation claims that may not be covered by the sale or released under the plan.

A Satisfied Committee

Committee counsel Maeghan McLoughlin confessed that the committee had been initially skeptical about the rapid pace of the plan. They believed they had a strong case for litigation claims but ultimately decided that the settlement offered a better deal compared to the costs and risks associated with legal action.

Brentwood's Bittersweet Victory

In a move that left many observers perplexed, Brentwood Associates' counsel, Brian Schartz, acknowledged that while the plan was an "extraordinary result," the firm had faced significant financial losses during the process.

Soft Surroundings Files for Bankruptcy : Judge's Verdict

After absorbing the full scope of this intricate financial thriller, Judge Lopez issued his approval for both the Chapter 11 plan and the asset sale. Cindi Giglio confirmed that Soft Surroundings would waste no time in seeking to seal the deal.

"This is the best deal on the table," Judge Lopez declared, leaving the courtroom buzzing with anticipation.

Soft Surroundings Files for Bankruptcy :Legal Eagles in Action

Soft Surroundings was represented by a team of legal experts, including Elizabeth C. Freeman of the Law Office of Liz Freeman and Cindi M. Giglio, Michael E. Comerford, Marc B. Roitman, Grace A. Thompson, and William B. Freeman of Katten Muchin Rosenman LLP.

The creditors' committee had its own powerhouse legal representation, with Sean T. Wilson, Eric R. Wilson, Jason R. Adams, and Maeghan McLoughlin of Kelley Drye & Warren LLP and Justin R. Alberto, Patrick J. Reilley, Jack M. Dougherty, and Michael E. Fitzpatrick of Cole Schotz PC.

1903 Partners had legal experts in its corner, including Sean Davis and Steffen Sowell of Winstead PC and James Drew and Chad Simon of Otterbourg PC.

Brentwood Associates turned to Brian Schartz, Richard U. S. Howell, and Claire Stephens of Kirkland & Ellis LLP for legal counsel.

Soft Surroundings Files for Bankruptcy : In Conclusion

The saga of Soft Surroundings' Chapter 11 plan is a thrilling narrative filled with twists and turns, akin to a suspenseful movie. As the company takes its final steps towards financial recovery, the resilience of its team and the support of key stakeholders shine as beacons of hope in these perplexing financial times.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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