Judge rejects legal shield in bankruptcy of former Ann Taylor parent (2024)

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  • Company must go back to bankruptcy court to fix plan
  • Judge calls protections for execs 'shocking'

(Reuters) - A Virginia federal judge has shut down legal protections for insiders of Ann Taylor’s former parent company, calling the company's use of a popular tool in corporate bankruptcies "shocking."

In an 87-page decision, U.S. District Judge David Novak of the Eastern District of Virginia on Thursday overturned a bankruptcy court’s approval of Mahwah Bergen Retail Group’s Chapter 11 reorganization plan and held that the so-called nondebtor releases are void and unenforceable. The company had said the releases, which protect non-bankrupt people and entities with ties to company, are key to the plan.

“The sheer breadth of the releases can only be described as shocking,” Novak wrote.

Novak found that the bankruptcy court that approved the deal exceeded "the constitutional limits of its authority," reflecting similar concerns raised by a judge who ruled on the nondebtor releases in the bankruptcy of OxyContin maker Purdue Pharma.

Mahwah, formerly known as Ascena Retail Group, filed for bankruptcy in July 2020 with more than $1 billion in debt and plans to close many of its stores. The company’s brands, including Ann Taylor, Lane Bryant and Loft, were later sold to private equity firm Sycamore Partners. Mahwah now exists solely to wind down its estate.

Last year, U.S. Bankruptcy Judge Kevin Huennekens approved the company's plan, which included the nondebtor releases for company insiders against litigation that had accused Ascena and former executives of securities fraud. Lead plaintiffs in the securities litigation and the U.S. Department of Justice’s bankruptcy watchdog, the U.S. Trustee, appealed.

Novak said in Thursday’s decision that nondebtor releases have become too frequent. He said the 4th U.S. Circuit Court of Appeals has “made clear” that such releases are “disfavored” and should be granted “cautiously and infrequently.”

He also referred to a Manhattan federal judge's recent reversal of the approval of Purdue Pharma’s bankruptcy plan based on similar concerns about nondebtor releases, which in Purdue’s case were intended to protect the company’s Sackler family owners. Novak said that Mahwah’s contention that the releases are critical to its reorganization is undermined by the fact that they have become so commonplace.

“As District Judge Colleen McMahon astutely observed: ‘When every case is unique, none is unique,’” Novak wrote.

A lawyer for Mahwah did not immediately respond to a request for comment.

A spokesperson said the U.S. Trustee is “extremely gratified by the court’s opinion and will continue to argue its legal position in other districts around the country.”

The case is Joel Patterson et al v Mahwah Bergen Retail Group, Inc., U.S. District Court, Eastern District of Virginia, No. 3:21-cv-00167.

For Mahwah: George Hicks Jr., Andrew Lawrence, Edward Sassower, Steven Serajeddini and John Luze of Kirkland & Ellis and Cullen Speckhart and Olya Antle of Cooley

For the U.S. Trustee: Ramona Elliott, P. Matthew Sutko and Sumi Sakata of the DOJ and John Fitzgerald III, Kathryn Montgomery and Hugh Bernstein of the U.S. Trustee's office

For the securities plaintiffs: Mickey Etkin, Andrew Behlmann and John Schneider of Lowenstein Sandler and Ronald Page Jr. of Ronald Page PLC

Read more:

Purdue Pharma ruling targets controversial U.S. bankruptcy tactic

Bankruptcy judge approves Ann Taylor, Lane Bryant sale to Sycamore

Our Standards: The Thomson Reuters Trust Principles.

Maria Chutchian

Thomson Reuters

Maria Chutchian reports on corporate bankruptcies and restructurings. She can be reached at maria.chutchian@thomsonreuters.com.

Judge rejects legal shield in bankruptcy of former Ann Taylor parent (2024)

FAQs

What is going on with Ann Taylor? ›

Ann Taylor Owner Files for Bankruptcy

Ascena Retail Group, which listed about $12.5 billion of debts, has entered into a restructuring support agreement with over 68 percent of its secured term lenders.

Who owns Ann Taylor now? ›

Ascena Retail Group, Inc., is an American retailer of women's clothing. Ascena also owns Lane Bryant clothing store brand, and is the parent company of Ann Inc., operator of Ann Taylor and Loft stores.

Did Ann Taylor Loft go out of business? ›

We will continue to operate our Ann Taylor, LOFT, Lane Bryant, Justice and Lou & Grey brands through a reduced number of retail stores and online. The final number of store closings will be determined based on the ability of ascena and our landlords to reach agreement on sustainable lease structures.

How is Ascena Retail Group doing? ›

Well before COVID-19 shook the retail industry, sales at all of Ascena's banners steadily tumbled. The company notched an overall net sales decline in 2019, $5.49 billion compared to $5.57 billion in 2018, and an operating loss that widened to $681.4 million in 2019 from $88.9 million in 2018.

Why are so many Ann Taylor stores closing? ›

Ascena Retail Group, the conglomerate behind women's apparel brands Ann Taylor, Lane Bryant and Catherines, filed for Chapter 11 bankruptcy Thursday and said it would close at least 877 - nearly a third - of its 2,800 stores after years of declining sales and ballooning debt.

Can Ann Taylor be returned to Ann Taylor Factory? ›

We will gladly accept your return of unwashed and unworn or defective merchandise under the following conditions: MERCHANDISE PURCHASED AT AN ANN TAYLOR STORE may only be returned to a Ann Taylor store. MERCHANDISE PURCHASED AT AN ANN TAYLOR FACTORY STORE may only be returned to an Ann Taylor Factory store.

Is Ann Taylor and Talbots the same company? ›

Talbots' parent company Sycamore Partners recently purchased the Ascena Retail Group Inc., which owns Ann Taylor, Loft, Lane Bryant and Lou & Grey, for $540 million.

Does Loft accept Ann Taylor returns? ›

Unwashed, unworn and defective merchandise may also be returned or exchanged at any LOFT store location, with the exception of merchandise from the Maternity and Swimwear Collections. Please note, we cannot accept online purchase returns at Ann Taylor, LOFT Outlet or Ann Taylor Factory store locations.

What's the difference between Ann Taylor and Loft? ›

Ann Taylor was founded in 1954. Loft, originally Ann Taylor Loft, was established in 1998 as an extension of the original Ann Taylor brand, offers more relaxed fashions for work and home, in the "moderate" priced category.

Which is more expensive loft or Ann Taylor? ›

Is Loft Cheaper Than Ann Taylor? Yes, Loft is cheaper than Ann Taylor. Loft and Ann Taylor are owned by the same parent company, Ann Inc. While both stores are similar, the clothing at Loft comes at a lower price point.

Why did Ann Taylor Loft close? ›

76 Ann Taylor, LOFT, and Lou & Grey stores are closing after parent company Ascena filed for bankruptcy — here's the list.

Is Lou and GREY going out of business? ›

In July 2020, the decision was made to close all of the freestanding Lou & Grey stores after the parent company filed for Chapter 11 bankruptcy.

Is Catherines and Lane Bryant the same? ›

We encourage you to come visit and shop with us in store. We want to see you! Additionally, our sister brand, Lane Bryant, is available and happy to serve you in store and online. We urge you to see their latest collections and how their style fits you.

What companies are associated with Ann Taylor? ›

Our Company

ascena is a national specialty retailer offering apparel, shoes and accessories for women. Through our collective brands—including Ann Taylor, LOFT, Lane Bryant and Cacique—we serve women across generations, identities, affiliations and body types.

Who is dress barn owned by? ›

Dressbarn.com (branded as dressbarn) is an online retailer owned by Retail Ecommerce Ventures.

What age group shops at Ann Taylor? ›

It's a relatively expensive brand and has a much sleeker product line as compared to other specialty retailers. Ann Taylor has a specific target market of affluent female buyers in the age group of 25-50 years, which justifies its small presence (in terms of stores) in the U.S.

What is the difference between Ann Taylor and Ann Taylor Factory? ›

When you see “Ann Taylor Factory” on labels and price tags, it's an outlet item. Ann Taylor and Ann Taylor Loft outlets carry mostly — or entirely — made-for-outlet clothing. On Ann Taylor and Ann Taylor LOFT pieces, look for “Factory” underneath the brand name.

How many Ann Taylor stores are there in the US? ›

99 Ann Taylor Stores in the United States.

Is Ann Taylor a luxury brand? ›

The reality of the fashion market is that very respectable, though not true 'luxury' brands like Talbots, Liz Claiborne and Ann Taylor are delivering an investment in fashion that is most highly regarded by affluent customers loyal to these brands.”

Who is the CEO of Ann Taylor factory? ›

Katherine Krill serves as the CEO / President of Ann Taylor. Laura Jacobs serves as the Chief Marketing Officer of Ann Taylor.

Do Ann Taylor shoes run true to size? ›

I would say Ann Taylor pumps tend to run about a half size bigger than pumps made by comparable retailers and about a size bigger than European shoemakers. However, I would urge you to try the shoes on yourself in stores to find the best fit. If you normally wear stockings at work, try these shoes on with stockings on.

When did Talbots buy J Jill? ›

J. Jill was founded in Great Barrington, Mass. In 1955, and was named after the owner's daughter Jill. It was sold to Talbots TLB 0.0% in 2006 who topped Liz Clayborne's bid for the brand by bidding $517 Million, In 2009 Gold Gate Capital acquired the company for a mere $63 million.

Who owns Chico's? ›

Chico's FAS is an American women's clothing and accessories retailer founded in 1983 on Sanibel Island, Florida. The company was founded by Marvin and Helene Gralnick and is headquartered in Fort Myers, Florida. Chico's FAS operates four brands: its namesake Chico's store, White House Black Market, Soma and TellTale.

Is Talbots an old lady brand? ›

I recall going to Talbot's with my grandmother as a youngster and even then it was categorized as 'the old lady store'. Yup, that is where all the older but fashionable women went before a night out a the jazz club with their husband's.

Can I use my Ann Taylor card at Loft? ›

You will be able to use your rewards at Ann Taylor, anntaylor.com, LOFT and loft.com. Please keep in mind that your rewards cannot be used at Ann Taylor Factory Store, LOFT Outlet, Lou & Grey or louandgrey.com.

Can you use Ann Taylor gift card at Loft? ›

REDEEMABLE FOR MERCHANDISE AT LOFT, LOFT OUTLET, ANN TAYLOR, ANN TAYLOR FACTORY STORE, LOU AND GREY, LOFT.COM, ANNTAYLOR.COM, LOFTOUTLET.COM, ANNTAYLORFACTORY.COM AND LOUANDGREY.COM.

What age is loft clothing for? ›

"There's really something for everything at Loft," Horowitz said, "that we don't specifically target [anyone, like,] 'we have to get the 25 to 34 year olds. ' It's really about that connection with her at an individual level." "Her" is the Loft girl.

Who is the LOFT's target audience? ›

loft.com Audience Demographics

loft.com's audience is 17.62% male and 82.38% female. The largest age group of visitors are 25 - 34 year olds (Desktop).

What age group does J Jill target? ›

J. Jill's target audience is also a bit older than that of comparable brands, centered on 45- to 60-year-olds.

When was Ann Taylor popular? ›

Founded in 1954, Ann Taylor became the go-to destination for professional women and set several styles on the map, including trousers and pants for women in the 1960s and 1970s and the ubiquitous 1980s power suit.

What is the most expensive part of a loft conversion? ›

Highest cost: A mansard loft conversion, or converting a modern engineered truss roof, can effectively mean replacing the whole of the existing roof structure with an additional attic storey and is the most expensive.

Why are lofts so expensive? ›

Apartments also come with walled-off bedrooms, while lofts are typically large open spaces that function as extra-large “studio" style apartments. The open-concept style of lofts makes them more of a “blank canvas" to design, but because lofts are so unique and in demand, they also come with a higher price tag.

What type of loft conversion is most expensive? ›

Mansard Loft Extension Cost

The most expensive type of loft conversion on our list is, for sure, the mansard loft conversion because it is the most invasive technique to create additional space inside your house and involves changing the current roof structure.

Where is Ann Taylor Loft headquarters? ›

Headquartered in New York, NY, Ann Taylor Stores Corporation is a retail chain for women's clothing offering classic suits, dresses, shoes and accessories. Ann Taylor Stores Corporation operates three clothing store divisions: Ann Taylor, Ann Taylor Loft and Anne Taylor Factory.

Why did Loft close so many stores? ›

In Jan. 2022, Loft closed a location in Rockville, Maryland. This decision came after the retailer confirmed in 2020 that 30 of its 666 locations would close after its parent company Ascena filed for bankruptcy.

Why did Loft leave Canada? ›

MAHWAH, N.J. -- The parent company of Ann Taylor, Loft and Justice says it will close all of its clothing stores in Canada. The closures are part of the Chapter 11 bankruptcy proceedings and restructuring the Mahwah, New Jersey-based Ascena Retail Group Inc. has begun in the wake of COVID-19.

Is woman within the same as Roaman's? ›

FullBeauty Brands Operations, LLC. is an umbrella holding company with multiple brands under its label. These include: One Stop Plus, Woman Within, Roaman's, Catherine's, Jessica London, Ellos, Swimsuits For All, Brylane Home, King Size, Full Beauty Outlet, Shoes For All, and Intimates For All.

Who owns Lane Bryant now? ›

Ascena Retail Group
The Limited
Sycamore Partners
Premium Apparel, LLC

Who bought out Catherines? ›

With a base purchase offer of $40.8 million for plus-size brand Catherines, plus apparel conglomerate FullBeauty emerged as the winner Wednesday at the Ascena brand's bankruptcy auction. The winning bid more than doubles the August $16 million stalking horse bid from City Chic.

Who owns Taylor dresses? ›

Taylor is a highly respected New Zealand fashion brand that fosters individual creativity and experimentation while still ensuring incredible wearability. The boutique brand taylor was established by designer Vicki Taylor in 1999 for the time challenged woman.

What is the difference between loft and loft outlet? ›

Loft Outlet clothes are not former Loft regular store clothes sold elsewhere. Outlet stores get their own line of clothes and the tags have two small dots under the name. So you're not pulling the wool over anyone's eyes when you try to return outlet clothes to the regular store.

Why did the Dressbarn close? ›

Ascena Retail Group said Monday it's winding down its Dressbarn business and plans to shut all 650 or so of the women's clothing stores in order to focus on its more profitable brands. Ascena, which also owns apparel chains Ann Taylor and Loft, said the decision wasn't an easy one.

Who owns wardrobe shop? ›

NYC. Founded in 2017 by Josh Goot and Christine Centenera, WARDROBE. NYC is the world's first true-luxury direct-to-consumer concept.

What is the difference between Ann Taylor and Ann Taylor Loft? ›

Clothing is targeted for fashion forward career women. Ann Taylor was founded in 1954. Loft, originally Ann Taylor Loft, was established in 1998 as an extension of the original Ann Taylor brand, offers more relaxed fashions for work and home, in the "moderate" priced category.

What happened to Mahwah Bergen Retail Group? ›

The company's brands, including Ann Taylor, Lane Bryant and Loft, were later sold to private equity firm Sycamore Partners. Mahwah now exists solely to wind down its estate.

What age range is Ann Taylor clothing? ›

It's a relatively expensive brand and has a much sleeker product line as compared to other specialty retailers. Ann Taylor has a specific target market of affluent female buyers in the age group of 25-50 years, which justifies its small presence (in terms of stores) in the U.S.

Is Ann Taylor Loft cheaper than Ann Taylor? ›

Yes, Loft is cheaper than Ann Taylor. Loft and Ann Taylor are owned by the same parent company, Ann Inc. While both stores are similar, the clothing at Loft comes at a lower price point. Loft also carries clothing that is a bit more trendy, casual, and youthful.

What age group is the LOFT clothing for? ›

"There's really something for everything at Loft," Horowitz said, "that we don't specifically target [anyone, like,] 'we have to get the 25 to 34 year olds. ' It's really about that connection with her at an individual level." "Her" is the Loft girl.

Can I make an Ann Taylor return at Loft? ›

Unwashed, unworn and defective merchandise may also be returned or exchanged at any LOFT store location, with the exception of merchandise from the Maternity and Swimwear Collections. Please note, we cannot accept online purchase returns at Ann Taylor, LOFT Outlet or Ann Taylor Factory store locations.

Who owns Mason Jar Mahwah NJ? ›

Joel Weiss - Owner - Mason Jar | LinkedIn.

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