A Running List of Fashion & Retail Bankruptcy Filings (2024)

On the heels of an array of fashion and retail bankruptcy filings that began to unfold over the course of the year in 2016, New York-based designer Bibhu Mohapatra and retailers The Limited, Wet Seal, and Payless all made headlines when they filed for Chapter 11 protection in early 2017. They were swiftly followed by a handful of additional filings by other retailers,signaling that there is no end in sight to the constant string of fashion and other retail companies struggling financially and looking to bankruptcies courts for protection from their creditors.

For the uninitiated, Chapter 11 bankruptcy – one of the most commonly utilized forms of bankruptcy – allows a company to continue operating while it executes a reorganization plan. Chapter 11 can take a number of forms, but in short: A chapter 11 case begins with the filing of a petition with the bankruptcy court by the debtor (the entity that owes the debt – aka the retailers in the cases at hand). This is followed by the debtor proposing and executing a reorganization plan, which may be used to compromise or even eliminate certain classes of debt.

All the while, the debtor usually remains in possession of his assets and continues to operate any business, subject to the oversight of the court and the creditors committee.Typically, a company that has filed for Chapter 11 bankruptcy trying to stay in business, and as indicated below, this complex proceeding can be very effective in solving short term business problems in an otherwise viable company or winding down a company with valuable assets. (Also included below are instances in which brands have entered into administration, an insolvency process in the United Kingdom by which a company is “placed under the control of an insolvency practitioner to enable the insolvency practitioner to achieve objectives laid down by statute.”)

Fashion and Retail-Related Bankruptcies

Here is a look at some of the most recent fashion and retail-related bankruptcy filings …

Apr. 2023 – David’s Bridal

David’s Bridal, LLC announced on April 17 that the company and certain of its subsidiaries filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code inthe U.S.Bankruptcy Court for the District ofNew Jersey. The Company expects to file a recognition proceeding inCanadaand a subsidiary of David’s Bridal expects to commence an administration proceeding for its business in theUnited Kingdom.

March 2023 – Scotch & Soda

Scotch & Soda has filed for bankruptcy in Netherlands due to “serious cashflow problems” that started as a result of the COVID-19 pandemic and have continued amid high inflation and a consumer spending squeeze, per Reuters. “Despite record sales, a structural cash flow deficit has led to the company’s failure to absorb the negative effects of [COVID-19] and high inflation,” the Amsterdam-headquartered fashion brand said in a statement, noting that its 32 stores in the Netherlands will remain open “for the foreseeable future.” The Sun Capital-owned company earned record revenues of 342.5 million euros in financial results reported for the 2022 fiscal year,”according to Yahoo Finance, but said that the previous two years of pandemic restrictions “affected its business performance and financial health negatively,” promoting its Netherlands-specific bankruptcy filing.

February 2023 – Tuesday Morning

Off-price retailer Tuesday Morning Corp. filed for bankruptcy protection on Feb. 14, the second time since the onset of the pandemic. Dallas-based Tuesday Morning Corp. filed its Chapter 11 petition in the Northern District of Texas, listing assets and liabilities of $100 million to $500 million, in its bankruptcy petition, per Bloomberg, which reported that the retailer “emerged from its last bankruptcy in January 2021 after closing about 200 stores, cutting its employee headcount and slashing debt.”

In a press release announcing its second bankruptcy, Tuesday Morning revealed that it has obtained $51.5 million of debtor-in-possession financing fromInvictus Global Management to support its ongoing operations, subject to the approval of the bankruptcy court.

January 2023 – Forma Brands LLC

Morphe beauty’s owner Forma Brands LLC filed for bankruptcy in Delaware after reaching a deal with lenders, including Jefferies and Cerberus Capital Management. In a statement on January 12, Forma revealed that it has entered into “a definitive asset purchase agreement” with lenders Jefferies Finance LLC (together with Jefferies Finance LLC, funds managed by Cerberus Capital Management, L.P. and FB Intermediate Holdings, LLC) under which “substantially all of FORMA Brands’ assets will be acquired.” Forma also announced that it has “received a commitment for approximately$33 millionin debtor-in-possession financing from the Investor Group, which, subject to court approval, will be available to support the business and its operations throughout the court-supervised sale process.” The investor group will gain control of FORMA Brands’ “wholesale operations, online platforms, and international Morphe retail stores.”

“This agreement is a testament to the strength of our brands most meaningful to our consumers,” Forma president Simon Cowell said in the statement. “We will have additional financial resources available to invest in our multi-category portfolio, product launches and innovative brand and marketing strategy as we advance our vision to inspire creativity, promote inclusivity and connect with consumers around the world through beauty.”

Forma’s Chapter 11 filing comes after the company – whose Morphe brand previously surged in popularity thanks to partnerships with some of YouTube’s biggest beauty influencers, banking a reported $400 million dollars in revenue in 2019 – announced on January 6 that it would shutter all its U.S. stores.

UPDATED (Mar. 30, 2023): A Delaware bankruptcy court approved a deal that will see secured lenders Jefferies Finance LLC (together with Jefferies Finance LLC, funds managed by Cerberus Capital Management, L.P. and FB Intermediate Holdings, LLC acquire “substantially all” assets of Forma, including wholesale operations and online platforms, for $690 million

This is a short excerpt froma data set that is published exclusivelyfor TFL Enterprise subscribers. For access to our up-to-date fashion & retail bankruptcies tracker, inquire today about how to sign up for an Enterprise subscription.

A Running List of Fashion & Retail Bankruptcy Filings (2024)

FAQs

A Running List of Fashion & Retail Bankruptcy Filings? ›

In 2021, 6,691 US businesses went bankrupt.

The real estate sector had more bankruptcy filings than any other sector of the economy, more than 1,100.

What companies have filed for bankruptcy in 2023? ›

Pages in category "Companies that filed for Chapter 11 bankruptcy in 2023"
  • Air Miles.
  • Akorn.
  • Allegiance Mining.
  • AmeriMark Direct.
  • Amscan.
  • Auto Plus.
  • Avaya.

What clothing brands are declining? ›

Image Credit: Pexels.
  • H&M. One user noted that H&M's quality used to be decent for the price, with a lot of variety. ...
  • Anthropologie. According to the second person, Anthropologie, a popular clothing and home decor retailer has declined in quality over the years. ...
  • Uggs. ...
  • Calvin Klein. ...
  • J. ...
  • Aritzia. ...
  • Lululemon. ...
  • Lucky Brand.
Mar 30, 2023

Where are the most bankruptcies filed? ›

In 2021, 6,691 US businesses went bankrupt.

The real estate sector had more bankruptcy filings than any other sector of the economy, more than 1,100.

Is Forever 21 still struggling? ›

A collection of missteps ultimately sealed the retailer's fate with Forever 21 filing for bankruptcy in 2019 and in 2020 Forever 21, which once generated $4 billion in sales, was sold for $81 million to Authentic Brands Group (which owns many brands including Barneys New York, Aeropostale and Nine West) and real estate ...

How do you know if a company has declared bankruptcy? ›

To find out if a person or business has filed for bankruptcy, you may do one of the following:
  1. Stop by the Clerk's Office (Public Kiosks)
  2. Call our Voice Case Information Systems (McVCIS)
  3. Sign Up for Electronic Record Access via Internet (PACER)

What is the largest company bankruptcy in US history? ›

As of March 2023, the largest all-time bankruptcy in the United States remained Lehman Brothers. The New York-based investment bank had assets worth 691 billion U.S. dollars when filing for bankruptcy on September 15, 2008.

What fashion retailer is on the verge of collapse? ›

Fast fashion retailer Missguided is on the brink of collapse after being issued with a winding-up petition by creditors. It is understood the business, which has about 330 staff, could call in administrators as early as Monday. Missguided was rescued last autumn by the finance firm Alteri Investors.

Which clothing industry problem is the most serious? ›

Sustainability is still the biggest problem the fashion industry is now facing, despite the fact that it is the second most polluting industry on the planet. The creation of clothing consumes a great deal of natural resources and generates a tonne of harmful waste that is dumped directly into waterways.

What are the 2 most common bankruptcies? ›

More than likely, you would only be dealing with the two most common types of bankruptcies for individuals: Chapter 7 and Chapter 13. (A chapter just refers to the specific section of the U.S. Bankruptcy Code where the law is found.2) But we'll take a look at each type so you're familiar with the options.

What chapter are 70% of all bankruptcies filed under? ›

Chapter 7 and Chapter 13 were the most commonly filed bankruptcy petitions, making up roughly 70% of all cases.

What month are the most bankruptcies filed? ›

A total of 42,368 new bankruptcies were filed in March, up 17 percent from the 36,068 filings registered in March 2022, and marking the highest number of monthly filings since 40,931 bankruptcies were recorded in April 2021.

Is Forever 21 making a comeback? ›

After filing for bankruptcy in 2019 and heavily leaning on e-commerce for the past few years, Forever 21 company is back in store expansion mode and planning a major comeback. This week, the company announced 14 new stores across the country.

Who bought out Forever 21? ›

ABG and Simon each acquired 37.5% of the company's intellectual property and operating businesses, while Brookfield acquired 25%. SPARC, a joint venture between Simon Property Group and Authentic Brands Group, took over Forever 21's management after the sale and appointed Daniel Kulle as Forever 21's new CEO.

What is Forever 21 accused of? ›

Forever 21 is accused of inflating sales projections. Get access to essential strategic content, in-depth reports, industry intelligence, and exclusive data.

Can you get your money back if a company files bankruptcy? ›

Though the bankruptcy of a company to which you've sold goods or provided services is never great news, it's often possible to get at least some of that money back. Doing so requires you to file a proof of claim promptly, so the trustee overseeing the payment to creditors can put your receivables in the queue.

How long can a company stay in bankruptcy? ›

While the average length of a Chapter 11 Bankruptcy case can last 17 months, larger and more complex cases can take up to five years. And following the conclusion of the bankruptcy case, it can still take months for Debtors to begin distributing payouts to the highest priority class of Creditors.

Can a company bounce back from bankruptcy? ›

Key Takeaways. Filing for Chapter 11 bankruptcy allows a company to restructure its debts. In some cases, companies are able to emerge from bankruptcy stronger than ever. General Motors, Texaco, and Marvel Entertainment are three of many companies that have emerged from bankruptcy successfully.

What was the most shocking bankruptcies? ›

The biggest bankruptcy of all time was declared by Lehman Brothers on Sept. 15, 2008. They had $691,063,000,000 in assets prior to bankruptcy. Before filing for bankruptcy, Lehman Brothers Holdings Inc.

What is the U.S. #1 cause of bankruptcy? ›

Job loss, medical expenses, and escalating mortgage payments are among the common reasons people file for bankruptcy. Overspending can also contribute to a situation that forces someone to file for bankruptcy.

What are the three most common bankruptcies? ›

There are several types of bankruptcy. The most common types are Chapter 7, Chapter 13, and Chapter 11.

What are 4 fast fashion retailers? ›

Fast Fashion Leaders

Major players in the fast-fashion market include Zara, H&M Group, UNIQLO, GAP, Forever 21, Topshop, Esprit, Primark, Fashion Nova, and New Look. Many companies are both retailers and manufacturers, though they often outsource the actual production of clothing.

Where are fast fashion clothes dumped? ›

Some of the developed world's favorite brands lie in discarded heaps in Chile's Atacama desert. How they got there tells the story of modern fast fashion. The Atacama Desert in northern Chile stretches from the Pacific to the Andes across a vast expanse of dramatic red-orange rock canyons and peaks.

Is the fashion industry over saturated? ›

Apparel & footwear market

The apparel and footwear market is quite a fragmented market due to its highly competitive and saturated nature, meaning that no one company holds a large portion of the whole market. The global apparel and footwear market had retail sales of around 1.7 trillion U.S. dollars in 2017.

What is the most polluting fashion industry? ›

Globally, the fashion industry is the second most polluting industry after the oil and gas sector. Responsible for 1.2 billion tonnes of greenhouse gas emissions annually, every UK household, as a result of their clothing consumption, produces the equivalent emissions of driving a modern car for 6,000 miles.

What are the worst materials for clothing? ›

Synthetic Fabrics

This is the category that holds the majority of the skin-harming culprits. Man-made fabrics like acrylic, polyester, rayon, acetate, and nylon are treated with thousands of harmful toxic chemicals during production, according to ScienceDaily.

What is the bad side of the fashion industry? ›

The fashion industry plays a major part in degrading soil in different ways: overgrazing of pastures through cashmere goats and sheep raised for their wool; degradation of the soil due to massive use of chemicals to grow cotton; deforestation caused by wood-based fibers like rayon.

What is the oldest clothing brand still around? ›

1837 - Hermès

It might not come as a surprise to you that Hermès is the oldest fashion house that is still in business. It was founded by Thierry Hermès who originally produced saddles and other equestrian supplies.

What is the oldest fashion brand still in operation today? ›

French fashion house Hermes is the oldest luxury brand in the world still in operation today. It was founded in 1837 by Thierry Hermes. The designer originally produced saddles and other riding gear.

What is the most successful brand ever? ›

The following article lists the most valuable corporate brands in the world according to different estimates by Kantar Group, Interbrand, Brand Finance and Forbes.
...
Interbrand list (2022)
Rank1
BrandApple Inc.
CountryUnited States
Brand value (US$ millions)482,215
9 more columns

What doesn't go away in bankruptcies? ›

No matter which form of bankruptcy is sought, not all debt can be wiped out through a bankruptcy case. Taxes, spousal support, child support, alimony, and government-funded or backed student loans are some types of debt you will not be able to discharge in bankruptcy.

Are bankruptcies on the rise 2023? ›

Bankruptcy filings rose slightly for the 12-month period ending March 31, 2023, but new bankruptcy cases remain sharply lower than before the start of the coronavirus (COVID-19) pandemic.

What is the least amount you can file bankruptcies? ›

There is no minimum debt to file bankruptcy, so the amount does not matter. Examples of unsecured debts include credit card debt, cash advance (payday) loans, and medical bills. Secured debts: If you are behind on a house or car payment, this may be a very good time to file for bankruptcy.

Which debts are normally not discharged under Chapter 7? ›

Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal ...

Are Chapter 7 bankruptcies ever denied? ›

The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors; ...

Is Chapter 13 as bad as Chapter 7? ›

Chapter 7 stays on your record for 10 years, while Chapter 13 stays for seven years. That would seem to suggest that Chapter 7 is worse for your credit score, but with Chapter 7, your debt, or at least the unsecured debt, will be gone. That means you can try to start rebuilding it immediately.

What are the worst bankruptcies? ›

Largest bankruptcies

The largest bankruptcy in U.S. history occurred on September 15, 2008, when Lehman Brothers Holdings Inc. filed for Chapter 11 protection with more than $639 billion in assets. Lehman Brothers Holdings, Inc. Worldcom, Inc.

Why is bankruptcies so bad? ›

Bankruptcies are considered negative information on your credit report, and can affect how future lenders view you. Seeing a bankruptcy on your credit file may prompt creditors to decline extending you credit or to offer you higher interest rates and less favorable terms if they do decide to give you credit.

How many years does it take to come back from bankruptcies? ›

A Chapter 7 bankruptcy may stay on credit reports for 10 years from the filing date, while a Chapter 13 bankruptcy generally remains for seven years from the filing date. It's possible to rebuild credit after bankruptcy, but it will take time.

Why did F21 fail? ›

By the time Forever 21 realized the importance of online sales it was too late. Not only was Forever 21 expanding its store fleet too aggressively at the wrong time it was also opening stores that were too large. Some of Forever 21's stores were over 100,000 sq. ft.

Why did Forever 21 get Cancelled? ›

Its sales tumbled as Forever 21 was pitted against heightened competition from rivals such as H&M and Zara. Forever 21 also was burdened by its massive stores that can be as large as a department store, or more than 100,000 square feet.

What happened in Forever 21? ›

As Forever 21 was reorganizing—it shuttered 350 of its 800 stores worldwide and halted operations in 40 countries—Authentic Brands Group (ABG), a brand licenser that buys struggling retailers, and two of Forever 21's biggest landlords, Simon Property Group (SPG) and Brookfield Property Partners, swooped in.

Who owns JCPenney now? ›

The company was founded in 1902 by James Cash Penney. JCPenney filed for Chapter 11 bankruptcy protection in May 2020 after the COVID-19 pandemic exacerbated existing problems. It was ultimately purchased by Simon Property Group and Brookfield Asset Management.

Is Forever 21 merging with JCPenney? ›

J.C. Penney on Monday announced that it is adding Forever 21 to its assortment of apparel brands, according to a company press release. Shoppers will be able to find Forever 21 products at 100 J.C. Penney stores and on the department store's website.

Who owns JCPenney in Forever 21? ›

Both JCPenney and Forever 21 are owned by Authentic Brands Group, the company behind dozens of brand and retailer acquisitions, including Barneys New York, Juicy Couture, and Reebok.

How many times has Forever 21 been sued? ›

Forever 21 is no stranger to controversies. It is reported that the brand has embroiled in more than 50 lawsuits involving celebrities, luxury brands, union groups, its own employees and independent designers.

Is Forever 21 a sweatshop? ›

Forever 21 - PayUpFashion. 5-9-21 – Forever 21 has a long history of labor rights violations, particularly in Los Angeles, where they produce fast fashion in sweatshops where workers earn as little as $6 an hour.

Who won the Adidas vs Forever 21 case? ›

Adidas has agreed to an out-of-court settlement in a recent trademark case arising from the brands' long-term disputes concerning Adidas' allegations that Forever21 is wrongfully using the registered "three stripe" mark.

Will there be more bankruptcies in 2023? ›

New data shows that 2023 is shaping up to be the biggest year for Chapter 11 filings in over a decade, as a potent brew of economic troubles hit financially weakened companies. Though many companies survive bankruptcy, the uptick in cases is a stark reflection of the greater stress that businesses now face.

Will bankruptcies increase in 2023? ›

In the first four months of the year, a total of eight companies listing liabilities over $1 billion filed for bankruptcy. Larger bankruptcy cases are rising in 2023 alongside the broader increase in filings.

What is the fastest growing group for bankruptcy? ›

The fastest growing group of bankruptcy filers is senior citizens. The power of cash is immediate. In order to have a FICO score, you must have debt. The envelope system includes using credit cards for emergencies.

What company bounced back from bankruptcy? ›

General Motors

It was the largest industrial bankruptcy in history. But it managed to bounce back as it was ultimately bailed out by the federal government.

What is the #1 reason for bankruptcies? ›

Job loss, medical expenses, and escalating mortgage payments are among the common reasons people file for bankruptcy. Overspending can also contribute to a situation that forces someone to file for bankruptcy.

What is the number one cause of debt in the United States? ›

In 2022, 18 percent of U.S. consumers said that their main source of debt was their home mortgage, while for 20 percent of respondents their leading source of debt was credit card debt.

How many years do you have to wait between bankruptcies? ›

The standard waiting period between a Chapter 7 and 13 bankruptcy is six years. However, this requirement might be waived if you paid your unsecured debts in full during the initial Chapter 13 case.

Is inflation causing bankruptcies? ›

Inflation & Your Current Debts

Inflation's impact on your debts could make even the most financially responsible family consider bankruptcy. The Federal Reserve will raise lending rates to beat inflation, which will increase the cost for financial institutions.

How to get out of debt in 2023? ›

5 Steps to Get Out of Debt in 2023
  1. Build a better budget. If you don't have a budget, now is the time to create one—and if you do have a budget already in place, make some tweaks and hold force yourself to follow it. ...
  2. Pay down credit cards. ...
  3. Save your money. ...
  4. Make an appointment with a credit counselor. ...
  5. Educate yourself.

What's the worst chapter of bankruptcy? ›

Chapter 11 bankruptcy is also known as “reorganization” or “rehabilitation” bankruptcy. It is the most complex form of bankruptcy and generally the most expensive.

What is the best bankruptcy to get on? ›

In many cases, Chapter 7 bankruptcy is a better fit than Chapter 13 bankruptcy. For instance, not only is Chapter 7 quicker, many people prefer the following two things as well: filers keep all or most of their property, and. filers don't pay creditors through a three- to five-year Chapter 13 repayment plan.

What race files bankruptcy the most? ›

Data from majority-Black ZIP codes versus majority-White ZIP codes indicates that Black debtors are much more likely than White debtors to file for Chapter 13 bankruptcy.

Which debt can never be erased by bankruptcy? ›

Key Takeaways. Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.

Which bankruptcy forgives most debts? ›

Chapter 7 Bankruptcy forgives you of most of your debt. You can keep most or all of your assets with a few exceptions. These exceptions depend on federal and state laws. A person called a bankruptcy trustee will be appointed to your Chapter 7 case to oversee the liquidation of your assets.

What bankruptcy wipes out all debt? ›

Chapter 7 bankruptcy, also known as “liquidation bankruptcy” or “straight bankruptcy,” is a legal process that allows qualifying debtors to get most of their debts discharged (wiped out). If you qualify for Chapter 7, you can get your unsecured debts wiped out, usually within 6 months of filing.

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