Weil Bags Another Grocery Chain Client as Retail Bankruptcies Mount
For the second time in a week, Weil, Gotshal & Manges is getting in on a supermarket chain's bankruptcy, while Polsinelli snags a new debtor's counsel role.
January 28, 2020 at 03:53 PM
3 minute read
A week after New York City-based Fairway filed for Chapter 11 protection and tapped Weil, Gotshal & Manges as debtors council, the firm has found a role in another grocery sector bankruptcy.
Lucky's Market, the Colorado-based supermarket chain known for its craft beer selection and natural food offerings, filed for Chapter 11 in Delaware bankruptcy court Monday. The company, which at its peak operated 39 stores in 10 states, tapped Polsinelli as debtor's counsel. Ballard Spahr and Monzack Mersky McLaughlin and Browder are representing creditors in the case, while Kroger, another grocery store chain that was Lucky's majority owner, turned to Weil.
Lucky's Market estimated it had between $100 million to $500 million in assets along with $500 million to $1 billion in liabilities owed to thousands of creditors. None of the supermarket's 30 largest unsecured creditors is a law firm.
Weil and Kroger have had a long relationship: The firm represented Kroger in the 2016 strategic partnership with Lucky's Market to rapidly expand the growing natural grocer.
Kroger divested from Lucky's Market in December after a portfolio review, according to its third-quarter earnings report. In January, Lucky's Market decided to liquidate 32 of its 39 stores, according to court papers. It also signed agreements with supermarket chains Aldi and Publix for 11 locations, according to a press release.
While Weil has picked up grocery store bankruptcies in the new year, it's still racking up fees in a much larger pending retail Chapter 11: The firm has billed more than $70 million through November in the sprawling Sears bankruptcy amid the objections of multiple unpaid creditors—the latest case in which the firm's and others' high billing rates have raised eyebrows.
Overall, department stores such as Sears have dominated retail bankruptcies during the last few years, and it seems as though no corner of the market is safe: both luxury retailer Barney's New York as well as fast fashion shop Forever 21 filed Chapter 11 papers last year.
Representatives for Weil did not immediately respond to requests for comment.
|Read More
Weil Fees in Sears Bankruptcy Shine Light on Big Billers: The Paralegals
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