Bankruptcy & Restructuring News & Analysis — Conductor

Party City Holdco Inc. has filed an adversary complaint in the U.S. Bankruptcy Court for the Southern District of Texas seeking to extend automatic stay protections to shield former executives from WARN Act litigation in New Jersey. The retailer contends that allowing parallel proceedings would drain limited insurance resources and effectively create duplicate litigation of identical claims already being pursued in bankruptcy court. The company cites its indemnification obligations and shared insurance coverage as creating an "identity of interest" between the bankrupt estate and its former executives.

TreeSap Farms, one of America's largest plant growers, has filed for Chapter 11 bankruptcy protection amid seasonal cash flow challenges and maturing debt obligations. Operating 15 farms across four states with 1,444 employees, the company cited weather-related losses in California and overwhelming debt of $207 million. CEO Jonathan Saperstein indicated the filing will allow for a competitive sale process to maximize stakeholder value.

Aerospace supplier Dynamic Aerostructures has filed Chapter 11 in Delaware with a $16M stalking horse bid from Avem Partners affiliate FMI Holdco. The company, which supplies critical components to major defense contractors including Lockheed Martin and Boeing, proposes an expedited sale process concluding by mid-April.

Party City has filed motions seeking approval to sell lease designation rights for nearly 200 store locations to Five Below and Dollar Tree, as the retailer continues its Chapter 11 restructuring process. The proposed deals could provide Party City with up to several million dollars in value while allowing the discount retailers to potentially expand their footprints.

Nikola Corporation, the electric truck manufacturer, has initiated proceedings to sell its assets through Chapter 11 bankruptcy, filing a motion in Delaware bankruptcy court that outlines bidding procedures and a swift timeline for potential buyers. The company remains in active discussions with multiple interested parties while working with investment banker Houlihan Lokey Capital to market its assets.