The Children’s Place in Chapter 11: A Fleetwide Liquidation With a Going-Concern Exit Ramp
The 57-year-old children’s apparel retailer entered chapter 11 two days into going-out-of-business sales at every store, with its secured lenders funding a roughly 40-day sale process and the refinancing of about $230 million of prepetition secured debt.
Executive summary
The Children’s Place, Inc. and 13 affiliated debtors filed chapter 11 petitions in the United States Bankruptcy Court for the District of New Jersey on Sunday, November 8, 2026. The case is pending before Judge Stacey L. Meisel in Newark under Case No. 26-22682 (Dkt. 1). By the time the petitions hit the docket, the liquidation had already started: a joint venture of Tiger Capital Group, SB360 Capital Partners and GA Retail Solutions began store closing sales across the fleet on November 6 under a consulting agreement the company signed earlier that week (Dkt. 56).
The first day papers describe two processes running in parallel. Inventory liquidation proceeds at all 512 North American stores and through the e-commerce platform, with a sale term that runs to February 28, 2027 (Dkt. 98). Over the same period, the company’s investment banker, Cascadia Capital, is trying to convert one or more of the nine prepetition proposals it received into a binding bid for the brands, the Amazon business, some portion of the store fleet, or the Fort Payne, Alabama distribution center (Dkt. 22). The court entered bidding procedures on November 12 with a December 9 bid deadline, a December 11 auction and a December 15 sale hearing (Dkt. 97).
The existing secured lenders are funding the case. Wells Fargo, as agent for a $350 million asset-based revolver, and Crystal Financial LLC d/b/a SLR Credit Solutions, as agent for a $100 million term loan, are providing up to $166 million in DIP ABL commitments and up to $116 million in DIP term loans (Dkt. 54). Only $16 million of the term facility is new money. The rest of the structure refinances the prepetition secured debt, and the interim budget projects that secured balances will fall from $230.5 million at filing to $39.7 million by mid-January as liquidation proceeds come in (Dkt. 72).
Below the secured lenders sits Mithaq Capital SPC, the Saudi family investment firm that took control of the company in a three-day open-market buying spree in February 2024. Mithaq owns approximately 61.1% of the common stock and holds about $151.1 million of unsecured, contractually subordinated term loans. Trade creditors are owed approximately $141.2 million (Dkt. 56). A board special committee, composed of a single independent director appointed on October 2, 2026, holds exclusive authority over financing and sale transactions and the power to investigate claims against insiders (Dkt. 56).
Liquidation is the base case
The consulting agreement covers every company-operated store, the warehouses and the e-commerce platform (Dkt. 98). A going-concern buyer therefore has to displace a liquidation that is already underway, and the debtors preserved their ability to pause closings at any store that becomes subject to an actionable going-concern bid on three days’ notice to the consultant. The investment banker’s declaration states that, as of the petition date, the preliminary going-concern and “equity” liquidation proposals were not actionable (Dkt. 22). Every holiday-season sale at a closing store reduces the inventory a going-concern bidder could acquire, which puts real pressure on the compressed bid calendar.
From a Hartford storefront to a Secaucus restructuring
The company’s two founders, both Harvard Business School graduates, opened the first Children’s Place store in Hartford, Connecticut in 1969. The early store sold toys alongside clothing and accessories, and it took the founders roughly three years of adjusting the product mix before the business turned a profit. They narrowed the focus to medium-priced children’s sportswear and expanded through the East, took the chain public in 1981 and later sold it to Federated Department Stores. The modern company listed on the Nasdaq Global Select Market in 1997 under the symbol PLCE and is incorporated in Delaware with headquarters at 500 Plaza Drive in Secaucus, New Jersey (Dkt. 56).
The company has been in bankruptcy court before, on both sides of the caption. In 2004 it took over operation of the North American Disney Store chain through a subsidiary, Hoop Holdings, paying Disney for inventory and entering a long-term license. Negotiations to return the chain to Disney began in 2007, and on March 26, 2008 the Hoop entities that operated the Disney Stores filed chapter 11. Eleven years later the company appeared as a buyer: on March 1, 2019 a subsidiary was named the successful bidder in the Gymboree Group auction, paying $76 million in cash for the worldwide rights to the Gymboree and Crazy 8 names, related trademarks, domain names, design rights and customer databases. That transaction closed on April 4, 2019. The Gymboree intellectual property is now an estate asset in the company’s own case (Dkt. 56), which makes this the brand’s third trip through a chapter 11 court in under ten years.
The operating model at filing combined value-priced private label apparel under The Children’s Place banner with a more premium Gymboree offering that the company relaunched through its digital and other channels after the 2019 acquisition. The first day declaration describes two digital storefronts (childrensplace.com and gymboree.com), 512 stores in North America, a wholesale relationship with Amazon that the company calls an important customer acquisition vehicle, and 323 international points of distribution in 13 countries operated through ten franchise and wholesale partners. Distribution runs through an approximately 700,000-square-foot facility in Fort Payne, Alabama, supplemented by third-party fulfillment. Sourcing offices sit in Hong Kong, Pakistan, Kenya, China, India, Ethiopia and Indonesia, and Bangladesh and Vietnam each supplied more than 15% of merchandise in fiscal 2025 (Dkt. 56).
The company reports two segments. The U.S. segment holds the U.S. and Puerto Rico stores, U.S. wholesale and both e-commerce sites, and it performs design, sourcing and corporate functions for the whole enterprise. The International segment holds the Canadian stores, operated by debtor The Children’s Place (Canada), LP through 56 leased stores in nine provinces, and franchise revenue. The Canadian debtors depend on the U.S. segment for management, sourcing and distribution, which is why the company is seeking recognition of the chapter 11 cases as a foreign main proceeding under Part IV of the Companies’ Creditors Arrangement Act rather than running a separate Canadian insolvency (Dkt. 10; Dkt. 80).
What the company says drove the filing
The first day declaration, sworn by one of the debtors’ two co-chief restructuring officers, both managing directors at Berkeley Research Group, attributes the filing to a set of pressures that compounded one another. Consumer demand in the value-oriented children’s apparel segment declined. Persistent cost inflation and tariffs on imported goods raised cost of goods sold. Mass merchants, off-price retailers, e-commerce platforms and digitally native competitors intensified promotional pressure in what the declaration calls a highly fragmented segment. U.S. results suffered from lower direct-to-consumer traffic, planned reductions in wholesale shipments and the liquidation of aged fashion inventory, all against a store occupancy, distribution and technology cost base that could not shrink as fast as revenue (Dkt. 56).
The tariff line deserves a closer read. The company reported paying approximately $40.0 million of tariffs imposed under the International Emergency Economic Powers Act across fiscal 2025 and fiscal 2026. It later received approximately $39.0 million of tariff refunds during the second quarter of fiscal 2026, but a footnote in the declaration explains that the company had already monetized most of those refund claims and used the proceeds to reduce short-term debt (Dkt. 56). The refunds arrived as an accounting event; the cash had been spent before they did. The DIP ABL credit agreement now contains a defined mechanism for accounts that hold third-party-owned tariff refund proceeds, consistent with the earlier monetization of those claims (Dkt. 54).
The business model also carried a seasonal working capital burden. The company buys inventory ahead of the back-to-school and holiday selling periods, and a first-half loss of $84.1 million left less room to fund that build. The declaration states that accounts payable grew increasingly past due as the company preserved cash. Management was not idle: it identified more than $100 million of run-rate cost savings across organizational redesign, store footprint, distribution and corporate overhead, and it cut inventory by more than $100 million between August 2, 2025 and August 1, 2026. The declaration concedes that those measures did not offset the revenue decline and operating losses (Dkt. 56).
The Mithaq years and the prepetition liquidity spiral
The filing is the end point of a liquidity problem the company first disclosed in February 2024. On February 12 of that year it warned of a wider fourth-quarter loss, projected total liquidity of approximately $45 million and said it would consider strategic alternatives if it could not secure new financing. Mithaq bought a majority of the outstanding shares in the open market over the next three trading sessions. That purchase tripped a change-of-control default under the company’s bank credit agreement, which the lenders later agreed to waive permanently on the condition that Mithaq’s financing went through. On February 29, 2024 Mithaq agreed to provide $78.6 million of interest-free, unsecured, subordinated term loans and placed four nominees on the board. The company disclosed at the time that certain vendors and service providers had halted or planned to halt service because of delayed payments.
Mithaq stayed in. The first day declaration recounts approximately $168.6 million of subordinated loans provided on February 29 and April 16, 2024, part of which repaid Wells Fargo. In February 2025 Mithaq subscribed for shares in a rights offering available to all stockholders and paid by reducing its debt, which cut the first note by $60.2 million. In December 2025 the company refinanced its senior capital structure by amending the ABL facility and closing the new $100 million SLR term loan. Mithaq then advanced $15 million on July 1, 2026 and $25 million on September 24, 2026, completing a $40 million commitment letter (Dkt. 56).
The reserves are the proximate trigger. Adding the October 7 imposition to the three incremental steps, the lenders had removed $60 million of borrowing availability across the two facilities in less than a month (Dkt. 56). For a borrower already stretching payables, availability is liquidity, and the reserve schedule effectively set the filing date. The interim DIP order’s schedule of released reserves shows how the lenders are now unwinding that position: on day one it releases freight and duty, landlord lien, rent, Texas tax and contra-account reserves totaling roughly $8.2 million and shifts the restructuring reserve onto the term side for a net $7.5 million reduction, with further releases scheduled through early January if milestones are met (Dkt. 72).
Governance changed quickly in the final weeks. An independent director joined the board and audit committee on October 2. One director resigned on October 30, the same day the board appointed the two co-CROs. The chief executive and chief strategy officer, both of whom had joined the board in 2024 as Mithaq nominees, resigned from those offices on November 1 (Dkt. 56), and press reports state that Mithaq’s chairman stepped down as executive chairman in the week before the filing. On November 3 the board formed a special committee with the new independent director as its sole member and delegated to it full authority over specified matters, including the chapter 11 filing, financing and sale transactions, and the investigation of potential claims against current or former officers, directors, shareholders and other insiders (Dkt. 56).
Prepetition capital structure
The capital structure has three funded layers and a large trade tier. The secured debt splits collateral under a December 16, 2025 intercreditor agreement. Wells Fargo’s ABL lenders hold first-priority liens on substantially all assets other than the term lenders’ priority collateral, which consists of specified intellectual property, real estate, furniture, fixtures and equipment, and equity pledges. Each side holds a second lien on the other’s priority collateral. Mithaq’s notes are unsecured and subordinated in payment to both secured facilities under a second amended and restated subordination agreement of the same date (Dkt. 56).
| Obligation | Outstanding at filing | Agent / holder | Collateral and priority |
|---|---|---|---|
| ABL credit facility ($350M commitment) | ~$130.5M ($110.6M loans + ~$19.4M letters of credit) | Wells Fargo Bank, N.A. | First lien on ABL priority collateral (receivables, inventory and related assets); second lien on term priority collateral |
| SLR term loan | $100.0M | Crystal Financial LLC d/b/a SLR Credit Solutions | First lien on IP, real estate, FF&E and equity pledges; second lien on ABL priority collateral. Stated maturity December 16, 2030, subject to springing triggers |
| Mithaq term loans (four notes) | ~$151.1M | Mithaq Capital SPC | Unsecured; contractually subordinated to the ABL and SLR obligations |
| Accounts payable | ~$141.2M | Merchandise vendors and service providers | General unsecured, subject to 503(b)(9), lien and critical vendor relief |
| Common equity | ~22.24M shares | Mithaq ~61.1%; balance widely held | Residual |
Sources: First Day Declaration, Dkt. 56 ¶¶ 7, 32 to 38; DIP Motion, Dkt. 54; Interim DIP Order budget, Dkt. 72, Ex. B.
The collateral split matters for the sale. Proceeds from selling The Children’s Place and Gymboree trademarks or the Fort Payne real estate run first to the SLR term lenders. Proceeds from inventory liquidation and receivables run first to the ABL lenders. The DIP term facility’s minimum availability covenant steps down by 50% of the cash net proceeds of term-agent-approved dispositions of intellectual property or real estate, which ties the term lenders’ comfort directly to brand and real estate monetization (Dkt. 54).
Source: First Day Declaration, Dkt. 56 ¶¶ 7, 38. Percentages computed by Stretto Intelligence.
The equity market priced the outcome before the court did. The stock fell 23.8% in a single session to $1.90 on September 15, 2026, the day after second-quarter results (Dkt. 56), and press reports placed it at about 18.6 cents after the filing. The company’s petition lists approximately $742 million of assets, and press accounts of the filing report total debts of approximately $881 million. The debtors obtained interim stock-trading procedures to protect tax attributes (Dkt. 8; Dkt. 81), a routine order whose economic relevance depends on whether any sale structure ultimately preserves the corporate entity.
DIP financing: two lender-provided facilities and a full refinancing
The debtors seek approval of two superpriority DIP facilities from the prepetition lender groups. The court entered the interim DIP order on November 10, 2026 (Dkt. 72) and set the final hearing for December 15 at 1:00 p.m. The interim relief tracks the prepetition collateral split: Wells Fargo leads a revolving DIP ABL facility and SLR leads a non-revolving DIP term facility, and the two sets of DIP liens keep the reciprocal priorities of the intercreditor agreement (Dkt. 54).
Source: DIP Motion, Dkt. 54, Rule 4001 concise statement; Interim DIP Order, Dkt. 72.
How the refinancing works
On interim approval, collections on ABL collateral are applied first to the prepetition ABL obligations while DIP ABL advances fund operations, a collection-based mechanism commonly called a creeping roll-up. Existing letters of credit, cash management obligations and bank products became DIP ABL obligations on entry of the interim order. On the term side, $16 million of new-money DIP term loans funded at closing, and $15 million of that amount went to pay down prepetition revolving loans; the DIP ABL facility conditioned initial funding on receipt of that payment. An additional $16 million of prepetition term principal rolled into the DIP term facility on a cashless basis. Accrued prepetition interest, fees and expenses on both facilities were paid in cash at closing. If the court enters the final order as proposed, any remaining prepetition revolving loans and the remaining prepetition term principal convert into DIP obligations, subject to preserved challenge rights (Dkt. 54; Dkt. 72).
The investment banker’s declaration supports the structure with a short market test. Over the two weeks before the filing, Cascadia contacted eleven parties other than the prepetition lenders, many of them already familiar with the company from earlier out-of-court refinancing discussions. None would lend on an unsecured or junior basis, none offered enough to repay the prepetition secured debt in full, and the prepetition lenders made clear they would not consent to being primed by a third party. The declaration states that the lenders would not provide new money, increased availability or consent to cash collateral use without the roll-up and adequate protection features (Dkt. 55).
| Term | Interim DIP order provision |
|---|---|
| Minimum excess availability | DIP ABL: greater of 10% of the global line cap and $35 million at all times. DIP term: $35 million, reduced by 50% of net proceeds of approved IP or real estate dispositions. |
| Borrowing base | 90% of eligible card and trade receivables plus eligible inventory at 90% of net orderly liquidation value, adjusted weekly for the projected liquidation discount; in-transit inventory capped at 25%. |
| Budget and variance | 13-week budget updated every fifth week; receipts at least 85% and operating disbursements no more than 110% of budget; cumulative professional fees no more than 115%. Testing begins December 5, 2026. Term facility adds a cumulative net cash flow test with a $10 million cushion. |
| Adequate protection | Replacement liens and 507(b) claims; current payment of principal and default-rate interest on remaining prepetition obligations; professional fees and specified indemnities. |
| Carve-out | Allowed pre-trigger professional fees plus a $1.5 million post-trigger wind-down amount; statutory and clerk fees uncapped. |
| Committee investigation budget | $50,000 in aggregate, limited to investigation of the prepetition liens and obligations. |
| Challenge period | 60 days after committee formation, or 75 days after interim order entry if no committee is formed. |
| Collateral reach | Interim: proceeds of section 549 actions. Final (if approved): proceeds of chapter 5 avoidance actions and section 724(a) recoveries. |
| Waivers (final order) | Section 506(c) surcharge, section 552(b) equities-of-the-case and marshaling waivers, subject to the carve-out and CCAA priority charges. |
| Credit bidding | Agents may credit bid; ABL and term lenders may not bid on each other’s priority collateral without paying the senior obligations in cash. |
| Plan treatment | Any plan must pay the DIP and prepetition secured obligations in full in cash on the effective date absent agent consent; supporting a nonconforming plan is a default. |
| Personnel covenant | Retention of the named advisors and the co-CROs; termination or material reduction of their roles requires agent consent. |
Source: DIP Motion, Dkt. 54, Rule 4001(c)(1)(B) concise statement; Interim DIP Order, Dkt. 72 ¶¶ 19 to 47.
The budget projects a rapid paydown
The initial budget attached to the interim order covers the ten weeks through January 16, 2027. It forecasts approximately $397.8 million of operating receipts and $207.9 million of total net cash flow across the period, with total liquidity rising from about $14.9 million in the first week to about $44.5 million at the end. Total secured debt is projected to fall from $230.5 million at filing to $39.7 million. The prepetition ABL balance is projected to reach zero in the week ending November 28 and the DIP ABL balance in the week ending December 19. The term lenders’ balance begins to decline that same week and falls more sharply in the week ending January 2, 2027, when the budget shows its largest weekly receipts figure at $64.5 million. These are projections, and they depend on liquidation recoveries during the holiday season (Dkt. 72).
The lenders’ exit runs through the liquidation
$190.8MThat is the projected reduction in secured debt over the budget period, against $16 million of new term money and roughly $11 million of initial ABL availability. The structure converts the prepetition secured debt into DIP obligations and then retires most of it from store closing proceeds over the holiday season. The DIP documents give the agents consent rights over changes to the going-out-of-business character of store sales, the removal of stores from the closing process and the sale of covered assets through Amazon. A going-concern bid that pulls stores out of the liquidation needs lender support, and the DIP milestones require the bidding procedures to condition any sale on proceeds in a minimum amount satisfactory to the agents in their sole and absolute discretion.
Milestones
The milestones in the entered interim order differ in places from those described in the first day declaration, which referenced a December 8 final DIP order (Dkt. 56). The entered schedule moves the final DIP order, CRO retention order and final approval of the store closing agreement to December 15, the date of the final hearing (Dkt. 72).
| Milestone | Deadline | Days after petition |
|---|---|---|
| Interim DIP, interim cash management, interim store closing and bidding procedures orders | November 10, 2026 | 2 |
| Motions to extend lease decision period to 210 days, retain a real estate broker for Fort Payne and retain an IP sales consultant | November 20, 2026 | 12 |
| Final cash management order | November 30, 2026 | 22 |
| Bid deadline; copies of all bids to agents | December 10, 2026 | 32 |
| Auction completed; winning and backup bidders declared with agent consent | December 14, 2026 | 36 |
| Final DIP order, CRO retention order, final store closing approval | December 15, 2026 | 37 |
| Sale order(s) entered and purchase agreement executed | December 17, 2026 | 39 |
| Order extending lease decision period to 210 days | December 18, 2026 | 40 |
| Sale consummation | December 31, 2026 | 53 |
Source: Interim DIP Order, Dkt. 72, Ex. C. The IP sales consultant milestone applies only if the debtors and DIP agents agree on funding and budget treatment.
Customer programs
The customer programs motion (Dkt. 11) puts a number on the company’s obligations to its shoppers. The debtors estimate approximately $39.5 million of prepetition customer program obligations, of which $17.4 million represent cash outlays and $22.1 million represent non-cash future performance. The motion notes that substantially all programs continued through the filing weekend because switching them off for two days was impracticable, and the debtors sought authority out of caution while maintaining that the programs are ordinary course. The court granted interim relief on November 10 (Dkt. 76).
Source: Customer Programs Motion, Dkt. 11 ¶¶ 10, 12.
| Program | Key facts from the motion | Relief sought |
|---|---|---|
| My Place Rewards loyalty program | Revamped in Q3 FY2025 with tiered memberships; points convert to coupons with a 12-month redemption window. Deferred revenue liability of ~$11.7M at FY2025 year end, up from ~$3.7M a year earlier. Integrated with a private label credit card with credit extended by a third-party financial institution on a non-recourse basis. | Continue earning and redemption of pre- and postpetition points |
| VIP Perks subscription program | Monthly fee program run through the ebbo marketing platform; members earn promotional cards usable with the company and third-party brands. | Continue program and honor prepetition obligations |
| Gift cards | Issued in amounts from $5 to $299; ~$9.6M issued in 2026. ~$17.4M outstanding at filing (including merchandise credits); historical redemptions ~$1.2M per month. Processed through Stored Value Solutions and CashStar. | Honor prepetition gift cards; maintain intermediary relationships |
| Coupons and sales promotions | Not redeemable for cash; no cash outlay. | Honor |
| Returns and exchanges | 45-day window with receipt and tags; no returns without a receipt. | Continue in ordinary course |
| Merchandise credits | Issued as gift cards when original tender is unavailable or for gift-receipt returns. | Continue issuing and honoring |
Source: Customer Programs Motion, Dkt. 11 ¶¶ 10 to 22; Interim Order, Dkt. 76.
The closing-store overlay
The customer programs order is only half of the story. The store closing motion asked for authority to modify customer programs at closing stores, and the interim store closing order entered November 12 (Dkt. 98) sets those rules. The debtors will honor My Place Rewards for 30 days from entry of the order and then discontinue the program at closing stores and on the e-commerce channels; customers will stop earning and redeeming points there. Gift cards will be accepted for the same 30 days, after which closing stores and e-commerce channels will stop taking them, and the order provides that gift cards and related programs are never redeemable for cash notwithstanding any contrary policy or state law. All merchandise sold on or after November 6, 2026 is final sale. Returns of merchandise bought between October 23 and November 6 may be accepted under the policies in effect at the time of purchase.
Because the consulting agreement reaches every store and the e-commerce platform, those closing-store rules effectively apply to the whole customer base unless a buyer removes stores from the liquidation. The 30-day window runs to approximately December 12, 2026. At the historical redemption pace of about $1.2 million per month, that window would absorb a small fraction of the roughly $17.4 million in outstanding gift cards and merchandise credits, though liquidation discounts may accelerate redemption. The DIP budget is aligned with the same date: the e-commerce and retail store returns reserve is scheduled to be released after the week ending December 12, 2026, conditioned on the debtors having ceased accepting returns (Dkt. 72).
The loyalty data carries value on its own. Members and private label cardholders generated more than 80% of U.S. retail sales in fiscal 2025 (Dkt. 11), and the bidding procedures state that the debtors’ consumer privacy practices do not restrict the transfer of customers’ personally identifiable information, subject to compliance with applicable U.S., federal and provincial privacy law (Dkt. 21). When the company bought the Gymboree assets in 2019, customer databases were part of the purchased intellectual property.
Vendor relief and the balance of the first day package
The trade motion (Dkt. 15) asks for less than its caption suggests. The debtors sought authority to pay up to $10 million of prepetition claims on both an interim and a final basis: $3.5 million for critical vendors and $6.5 million for lien claimants, with the two allocations fungible within the combined cap. Foreign vendor claims and 503(b)(9) claims carry no separate dollar request and may be paid case by case, subject to the DIP budget and advance notice. The motion also seeks administrative priority for undisputed obligations on goods ordered prepetition and delivered postpetition. The court granted interim relief on November 10 (Dkt. 79).
Sources: Vendor Motion, Dkt. 15 ¶¶ 8, 11 to 13; First Day Declaration, Dkt. 56 ¶ 37. Percentage computed by Stretto Intelligence.
The composition of the critical vendor group fits the case strategy. The motion defines critical vendors as a limited number of providers of performance marketing services that the debtors depend on to market products, reach customers and drive traffic, and it ties their continued service to monetizing inventory during the sale and store closing processes (Dkt. 15). A merchandise-replenishment business would ordinarily direct critical vendor money toward suppliers of goods. A business conducting going-out-of-business sales through the holidays needs customers in the stores and on the websites, and the relief is sized and targeted accordingly. The interim order lets the debtors condition lien claim payments on release of the lien (Dkt. 79).
| Relief | Docket | Status (as of Nov. 13, 2026) |
|---|---|---|
| Joint administration (14 debtors) | Dkt. 3 / 70 | Granted Nov. 10 |
| Complex case designation | Dkt. 4 / 74 | Granted Nov. 10 |
| Creditor matrix, customer omission and PII redaction | Dkt. 6 / 78 | Interim Nov. 10 |
| Stock transfer and worthlessness procedures | Dkt. 8 / 81 | Interim Nov. 10 |
| Worldwide stay and ipso facto enforcement | Dkt. 9 / 84 | Granted Nov. 10 |
| TCP as foreign representative for CCAA recognition | Dkt. 10 / 80 | Granted Nov. 10 |
| Customer programs | Dkt. 11 / 76 | Interim Nov. 10 |
| Bar dates | Dkt. 12 / 75 | Granted Nov. 10; general bar date Jan. 6, 2027 |
| Insurance, surety and premium financing | Dkt. 13 / 77 | Interim Nov. 10 |
| Cash management | Dkt. 14 / 73 | Interim Nov. 10 |
| Critical vendors, foreign vendors, 503(b)(9), lien claimants | Dkt. 15 / 79 | Interim Nov. 10 |
| Utilities adequate assurance | Dkt. 16 / 83 | Interim Nov. 10 |
| Taxes and fees | Dkt. 17 / 95 | Interim Nov. 12 |
| Wages and benefits | Dkt. 18 / 85 | Interim Nov. 10 |
| Contract and lease rejection procedures | Dkt. 19 / 96 | Granted Nov. 12 |
| Consulting agreement and store closing sales | Dkt. 20 / 98 | Interim Nov. 12 |
| Bidding procedures | Dkt. 21 / 97 | Granted Nov. 12 |
| DIP financing and cash collateral | Dkt. 54 / 72 | Interim Nov. 10; final hearing Dec. 15 |
Source: Research Suite docket for Case No. 26-22682; Notice of Commencement, Dkt. 110. Final hearings on interim matters are set for December 15, 2026 at 1:00 p.m., with objections due December 8 at 3:00 p.m. per the interim vendor order, Dkt. 79 ¶ 2.
The store closing sales
The debtors decided in late October that starting store closing sales in early November, to limit expenses and capture the full holiday season, was in the estates’ best interest. They received three proposals from national liquidation firms, negotiated further and selected the joint venture of Tiger Capital Group, SB360 Capital Partners and GA Retail Solutions on a fee-based consulting arrangement with the support of the prepetition secured lenders (Dkt. 22). The first day declaration dates the GA/TCP consulting agreement to November 3, 2026 (Dkt. 56); the investment banker’s bidding procedures declaration dates it to November 2 (Dkt. 22). Sales began November 6. The court entered an interim order on November 12 (Dkt. 98) authorizing assumption of the agreement and approving sale guidelines, with sales free and clear of liens, claims and encumbrances. The Canadian sale guidelines also require approval of the Ontario Superior Court of Justice in the recognition proceeding (Dkt. 98).
| Consulting agreement term | Provision |
|---|---|
| Scope | Merchandise and FF&E at every U.S. and Canadian store, the warehouses and distribution centers, and the e-commerce platform, plus certain wholesale marketplaces |
| Base fee | 2.5% of gross proceeds from merchandise sold through stores, warehouses and consultant-operated e-commerce; no fee on Amazon sales under prepetition purchase orders or on IP, receivables or real estate |
| FF&E fee | 15% of gross proceeds of FF&E sales, plus expenses |
| Additional goods | Consultant may supplement inventory; debtors receive a 6.5% fee on additional goods proceeds |
| Expense budget | $34.13 million through a February sale termination; $3.14 million deposit applied against expenses and fees |
| Sale termination date | February 28, 2027 |
| Going-concern flexibility | Debtors may pause or discontinue closings at stores that become subject to a going-concern transaction on three days’ prior notice |
| Reporting | Final reconciliation of sale revenue and consultant fees within 30 days after completion; U.S. Trustee may object to reasonableness of fees within 20 days |
Source: Interim Store Closing Order, Dkt. 98, including Consulting Agreement §§ 1.7, 1.8, 4.1 and Exhibit C; Store Closing Motion, Dkt. 20.
Advertising accounts for nearly three quarters of the consultant’s expense budget, the same commercial logic behind the critical vendor relief for performance marketing providers. Several protections for the lenders sit outside the consulting agreement itself. Both DIP credit agreements bar amendments to the agreement, changes to the going-out-of-business character of the sales and removal of stores from the closing process without agent consent, and they require agent consent to reject real property leases outside the store closing process (Dkt. 54). The lease rejection procedures order (Dkt. 96) and the retention of A&G Realty Partners as real estate advisor give the debtors the tools to shed leases as stores go dark, and the DIP milestones require a motion by November 20 to extend the deadline to assume or reject nonresidential leases to 210 days from the petition date (Dkt. 72).
The sale term ends February 28, 2027. The DIP ABL matures January 29, 2027 and the DIP term facility March 1, 2027, in each case earlier if a sale of all or substantially all assets closes (Dkt. 54). The liquidation calendar fits inside the term facility’s maturity by one day.
The sale process
Cascadia launched the prepetition marketing process in late September 2026, after the company had evaluated a range of structures. The investment banker’s declaration lists a going-concern sale of all or substantially all assets, a standalone disposition of The Children’s Place and/or Gymboree brands and related intellectual property, and an “IPCo” structure that would retain intellectual property and license it to wholesalers and store operators while other assets are sold or liquidated (Dkt. 22). The first day declaration separately identifies the Amazon operations as a discrete revenue stream offered for sale (Dkt. 56).
Source: Bidding Procedures Motion, Dkt. 21 ¶¶ 2 to 3; Beers Declaration, Dkt. 22 ¶¶ 11 to 13.
As of the filing, the debtors had not selected a stalking horse and stated they might not do so. The procedures preserve the option: the debtors may designate one or more stalking horse bidders for all or any portion of the assets by November 17, 2026, offering a break-up fee of up to 3% of the purchase price and reimbursement of reasonable documented expenses, subject to a notice and objection period (Dkt. 21; Dkt. 97). The debtors told the court that their limited liquidity and the absence of actionable going-concern bids made an approximately 40-day postpetition process the right length to close out prepetition leads and test for new bidders (Dkt. 22). Debtwire reported in October, and Retail Dive repeated after the filing, that Catalyst Brands, the owner of J.C. Penney, was considering a bid for the intellectual property and roughly 200 stores; Debtwire also reported that liquidation firms were evaluating the intellectual property and inventory.
| Event | Bidding procedures order (Dkt. 97) | DIP milestone (Dkt. 72) |
|---|---|---|
| Stalking horse designation deadline | November 17, 2026, 5:00 p.m. | n/a |
| Bid deadline | December 9, 2026, 5:00 p.m. | December 10, 2026 |
| Auction (White & Case, New York) | December 11, 2026, 10:00 a.m. | Completed by December 14, 2026 |
| Sale objection deadline | December 14, 2026, 5:00 p.m. | n/a |
| Sale hearing | December 15, 2026, 1:00 p.m. | Sale order by December 17, 2026 |
| Assumption and assignment objections | December 21, 2026, 3:00 p.m. | n/a |
| Assumption hearing | December 29, 2026 | n/a |
| Closing | n/a | December 31, 2026 |
Sources: Bidding Procedures Order, Dkt. 97 ¶¶ 5, 10, 14; Interim DIP Order, Dkt. 72, Ex. C § (b).
The procedures run one to three days inside each lender milestone, a small cushion if a bid needs work. Qualified bids require a 10% cash deposit and must identify the assets, assumed liabilities and contracts or leases to be assigned. The consultation parties are the prepetition agents, any DIP agent and any statutory committee, but an agent that submits a bid, including a revocable credit bid, loses consultation status. Secured creditors may credit bid against their own collateral. Any sale of Canadian debtor assets requires a recognition order from the Ontario court under section 49 of the CCAA (Dkt. 97).
Precedent: children’s retail in chapter 11
Children’s retail has a dense recent history in bankruptcy court, and The Children’s Place has a direct stake in it. Five cases offer the most useful context: Gymboree’s two filings, Toys “R” Us, Ascena Retail Group’s sale of the Justice tween brand, and Bed Bath & Beyond’s sale of the buybuy BABY brand. Four of the five were filed in the Eastern District of Virginia; the fifth was filed in the same district as this case.
| Case | Court / judge | Filed | Assets at filing | Path | Outcome for the children’s brand |
|---|---|---|---|---|---|
| The Gymboree Corporation, No. 17-32986 | E.D. Va. / Phillips | June 11, 2017 | $755M | Prenegotiated reorganization | Emerged Sept. 29, 2017, owned by term lenders; more than $900M of debt eliminated; ~375 of 1,281 stores closed |
| Toys “R” Us, Inc., No. 17-34665 | E.D. Va. / Phillips | Sept. 19, 2017 | $6,572M | Reorganization attempt, then U.S. wind-down | All 735 U.S. stores liquidated in 2018, ~33,000 U.S. jobs; Canadian business sold to Fairfax Financial |
| Gymboree Group (Gemstone Solutions Group), No. 19-30258 | E.D. Va. / Phillips | Jan. 17, 2019 | $400M | Liquidation plus brand sales | ~800 Gymboree and Crazy 8 stores closed; IP sold to The Children’s Place for $76M; Janie and Jack sold to Gap for ~$35M |
| Ascena Retail Group (Justice), No. 20-33113 | E.D. Va. / Huennekens | July 23, 2020 | n/m (multi-brand) | Brand-by-brand sales | Justice IP sold to Bluestar Alliance for ~$90M total ($71M cash); remaining stores wound down by early 2021 |
| Bed Bath & Beyond (buybuy BABY), No. 23-13359 | D.N.J. / Papalia | Apr. 23, 2023 | n/m (multi-brand) | Liquidation plus IP sale | Going-concern sale failed; IP sold to Dream on Me for $15.5M; all ~120 stores closed |
| The Children’s Place, No. 26-22682 | D.N.J. / Meisel | Nov. 8, 2026 | $742M | Fleetwide store closing sales plus 363 process | Pending; bids due Dec. 9, 2026 |
Sources: Research Suite case records (court, judge, filing date, assets at filing); Chain Store Age, Retail Touchpoints, PR Newswire, Law.com, Bloomberg Law, Retail Dive, NJBIZ, CBS News and The Children’s Place SEC filings for outcomes. Assets for multi-brand parents are not meaningful (n/m) as a comparison to a single children’s brand.
Gymboree, 2017: a balance sheet fix
Gymboree filed in Richmond in June 2017 with $755.5 million of assets and $1.37 billion of debt, much of it from Bain Capital’s 2010 leveraged buyout. The case was prenegotiated. Term lenders provided $35 million of new-money DIP financing, the company closed roughly 375 of its 1,281 stores, and it emerged on September 29, 2017 owned by its former term lenders with more than $900 million of debt eliminated, an $85 million exit term loan and a $200 million revolver. Gymboree’s 2017 assets at filing ($755 million) are within 2% of The Children’s Place’s ($742 million). The difference is the starting point: Gymboree carried a leveraged-buyout debt load that a plan could cut, while The Children’s Place’s secured debt of $230.5 million is projected to be paid largely from liquidation receipts. Fourteen months after Gymboree emerged, Reuters reported that the company was considering closing more than half of its roughly 900 stores and had hired Berkeley Research Group, the same firm whose managing directors now serve as co-CROs here.
Toys “R” Us, 2017: the holiday-season bet
Toys “R” Us filed in the Eastern District of Virginia in September 2017 intending to reorganize and operated through the 2017 holiday season. In March 2018, after a weak holiday, it moved to wind down its U.S. business and liquidate all 735 U.S. stores, including the Babies “R” Us locations, affecting about 33,000 U.S. jobs. The Canadian business, roughly 82 stores, was sold to Fairfax Financial Holdings with U.S. and Canadian court approval. Two features carry over. The Children’s Place also has a Canadian business that may be separable, here run through CCAA recognition. And the timing choices run in opposite directions. Toys “R” Us carried a reorganization through the holiday and liquidated afterward; The Children’s Place began liquidating before the holiday so that the season’s traffic would support liquidation recoveries.
Gymboree, 2019: the direct antecedent
Gymboree Group returned to the same court in January 2019 and announced the closure of all of its roughly 800 Gymboree and Crazy 8 stores. Goldman Sachs affiliates provided a DIP of up to $89 million, of which $30 million was new money and the remainder a roll-up of prepetition term debt, and an affiliate served as stalking horse with an $85 million credit bid for the Janie and Jack business and intellectual property. At the March 1, 2019 auction, Gap’s $35 million bid for Janie and Jack and The Children’s Place’s $76 million bid for the Gymboree and Crazy 8 intellectual property together exceeded the stalking horse, and the court approved both sales in early March. The 2019 case established the template now on display in Newark: liquidation consultants run store closing sales across the bulk of the fleet while the debtor sells brand intellectual property and the one business line a strategic buyer wants to operate. The Children’s Place’s own first day declaration reports that the debtors evaluated a standalone divestiture of the Gymboree brand before filing (Dkt. 56).
The Gymboree brand returns to the auction block
3rdThe Gymboree name has now passed through chapter 11 three times in under a decade: a reorganization in 2017, a sale to The Children’s Place for $76 million in 2019, and inclusion in the assets being marketed in this case. The 2019 sale price, paid in cash at a contested auction, is the most recent market data point for this specific intellectual property. Any bid for Gymboree on its own will be measured against it, and against the seven years of brand use, relaunch investment and channel changes that have occurred since.
Justice and buybuy BABY: brands sold, stores closed
Ascena sold its Justice tween brand in November 2020 to an entity formed by Bluestar Alliance after a competitive auction. Bluestar’s $71 million cash bid, more than $10 million above its stalking horse bid, valued the transaction at about $90 million including assumed liabilities, and the remaining Justice stores closed by early 2021. Bluestar relaunched Justice as an online and wholesale brand. Bed Bath & Beyond pursued a going-concern sale of buybuy BABY in the District of New Jersey in 2023, canceled the auction when no bid topped the stalking horse, and sold the brand’s trademark and digital assets to Dream on Me, a former vendor, for $15.5 million in July 2023. All 120 stores closed, and Dream on Me separately bought 11 leases. Beyond, Inc. later acquired buybuy BABY from Dream on Me for $5 million in February 2025.
Read together, the precedents put limits on the likely shape of this case. Only two of the children’s businesses in these cases continued with operating stores under a new owner, Janie and Jack at Gap and Toys “R” Us Canada at Fairfax, and both were discrete chains that a buyer could absorb whole. In each other instance the store fleet closed and the brand moved as intellectual property, at prices between $15.5 million and roughly $90 million. The Children’s Place differs from those sellers in two respects. It is selling two children’s brands at once, one of which has a recent arm’s-length price, and its customer file is concentrated: loyalty members and cardholders produced more than 80% of U.S. retail sales in fiscal 2025 (Dkt. 11), and the debtors’ privacy practices do not restrict transfer of that data (Dkt. 21). The 200-store interest reported in the press would, if it becomes a bid, exceed the store counts of both going-concern transfers in these precedents: Janie and Jack’s roughly 140 to 150 stores and Toys “R” Us Canada’s 82.
Calendar for the next 60 days
| Date | Event | Source |
|---|---|---|
| Nov. 17, 2026 | Deadline to designate a stalking horse bidder | Dkt. 97 |
| Nov. 20, 2026 | DIP milestones: motions on lease deadline extension, Fort Payne broker and IP sales consultant | Dkt. 72 |
| Nov. 23, 2026 | Chapter 11 status conference | Dkt. 111 |
| Nov. 30, 2026 | Final cash management order milestone | Dkt. 72 |
| Dec. 5, 2026 | First DIP budget variance test | Dkt. 54 |
| Dec. 8, 2026 | Objection deadline for final first day relief | Dkt. 79 |
| Dec. 9, 2026 | Bid deadline | Dkt. 97 |
| Dec. 11, 2026 | Auction, if needed | Dkt. 97 |
| ~Dec. 12, 2026 | End of 30-day gift card and rewards acceptance window at closing stores | Dkt. 98 |
| Dec. 15, 2026 | Sale hearing; final DIP hearing; final hearings on first day motions | Dkt. 72, 97 |
| Dec. 17, 2026 | 341 meeting; DIP milestone for entry of sale order(s) | Dkt. 72, 110 |
| Dec. 29, 2026 | Contract and lease assumption hearing | Dkt. 97 |
| Dec. 31, 2026 | DIP milestone for sale closing | Dkt. 72 |
| Jan. 6, 2027 | General bar date | Dkt. 110 |
| Jan. 29, 2027 | DIP ABL scheduled maturity | Dkt. 54 |
The December 15 hearing carries most of the case’s weight. On that afternoon the court is scheduled to consider any sale, the final DIP order with its full roll-up and avoidance action collateral, and final approval of the consulting agreement that governs the liquidation of every remaining store (Dkt. 72; Dkt. 97; Dkt. 98). The interplay among those three orders will determine how much of the business, if any, leaves chapter 11 as an operating retailer.
Docket filings and outside sources
Docket filings, In re The Children’s Place, Inc., No. 26-22682 (SLM) (Bankr. D.N.J.)
- Dkt. 1: Chapter 11 Voluntary Petition
- Dkt. 11: Customer Programs Motion
- Dkt. 15: Critical Vendor, Foreign Vendor, 503(b)(9) and Lien Claimant Motion
- Dkt. 20: Store Closing / Consulting Agreement Motion
- Dkt. 21: Bidding Procedures Motion
- Dkt. 22: Declaration of Cascadia Capital in Support of Bidding Procedures Motion
- Dkt. 54: DIP Motion
- Dkt. 55: Declaration of Cascadia Capital in Support of DIP Motion
- Dkt. 56: First Day Declaration of the Co-Chief Restructuring Officer
- Dkt. 72: Interim DIP Order (including Initial Budget and Milestones)
- Dkt. 75: Bar Date Order
- Dkt. 76: Interim Customer Programs Order
- Dkt. 79: Interim Critical Vendor Order
- Dkt. 96: Contract and Lease Rejection Procedures Order
- Dkt. 97: Bidding Procedures Order
- Dkt. 98: Interim Store Closing Order (including Consulting Agreement)
- Dkt. 110: Notice of Chapter 11 Case, Meeting of Creditors and Bar Dates
- Dkt. 111: Notice of Chapter 11 Status Conference
Precedent case records (Research Suite)
- The Gymboree Corporation (2017), No. 17-32986 (Bankr. E.D. Va.)
- Toys “R” Us, Inc., No. 17-34665 (Bankr. E.D. Va.)
- Gemstone Solutions Group, Inc. (f/k/a Gymboree Group, Inc.) (2019), No. 19-30258 (Bankr. E.D. Va.)
- Ascena Retail Group, Inc., No. 20-33113 (Bankr. E.D. Va.)
- Bed Bath & Beyond Inc., No. 23-13359 (Bankr. D.N.J.)
Outside sources
- The Children’s Place, Form 8-K, April 4, 2019 (Gymboree asset acquisition)
- The Children’s Place, Form 8-K Exhibit 99.1, March 4, 2019 (972 stores; Gymboree auction)
- Encyclopedia.com, Children’s Place Retail Stores Inc. (founding history)
- Wikipedia, The Children’s Place (Disney Store/Hoop history)
- Bisnow, The Children’s Place Files For Bankruptcy, Seeks Buyer As Stores Close
- Retail Dive, The Children’s Place, in search of new ownership, files for bankruptcy
- Chain Store Age, The Children’s Place files Chapter 11, plans to sell assets
- Boston.com, The Children’s Place has filed for bankruptcy
- Finimize, Children’s Place files for Chapter 11 and starts liquidating
- Debtwire (ION Analytics), Children’s Place targets filing before holidays, attracts Catalyst Brands and liquidators
- Retail Touchpoints, Saudi Investor Group Takes Majority Stake in Children’s Place (Feb. 2024)
- Retail Dive, Children’s Place financing, interest-free loans and board shakeup (Feb. 2024)
- FashionNetwork, Gymboree completes financial restructuring (Sept. 2017)
- Chain Store Age, Children’s clothing retailer files for bankruptcy (June 2017)
- Chain Store Age, Reuters: Gymboree eyes closing half its stores (Dec. 2018)
- ABI, Gymboree Files for Chapter 11 (Jan. 2019 DIP terms)
- Law.com / New York Law Journal, After emerging from chapter 11, Gymboree, Payless again seek relief
- San Francisco Chronicle, Gap buys Janie and Jack from bankrupt Gymboree
- CBS News, Toys ‘R’ Us will close or sell all U.S. stores
- Anadolu Agency, Toys “R” Us to shutter all U.S. stores (Canada store count)
- Retail Insight Network, Toys R Us closes last U.S. store; Fairfax sale approved
- Retail Dive, Bluestar buys Ascena’s Justice brand
- Chain Store Age, Justice sold at auction for $90 million
- FashionNetwork, Justice relaunches with collection, online store
- Retail Dive, buybuy BABY sale to Dream on Me approved
- NJBIZ, Judge OKs $15.5M sale of Buybuy Baby’s IP
- CoStar, Buy Buy Baby’s brand acquirer bids on 11 store leases
- Chain Store Age, Beyond to acquire Buy Buy Baby for $5M (2025)