Friedmans Bankruptcy, Second Edition (Friedmans Practice)

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Friedman's Practice Series for Contracts, Second Edition

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    Payless bankruptcy: Creditors, lenders, question Alden Global Capital

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    Edwards, State v. Chapman, State v. Wade also said Payless envisioned an opportunity in servicing other retailers by handling their shoe inventory or sales. Paul Jones told Footwear News that Payless was positioned "to create substantial value for our stakeholders and achieve long-term success.

    As Payless wades through bankruptcy again, creditors say hedge fund may be to blame

    By autumn, Payless faced an inventory glut and was "forced to sell merchandise at steep markdowns, which depressed margins and drained liquidity," the company said in a bankruptcy court filing. Payless said it sold "millions of pairs of shoes" for below-market prices in the weeks leading up to its second bankruptcy filing. According to the report, Smith owned real estate development company Spire Realty, whose holdings included a Dallas office building called Bryant Tower. The building's largest tenant last year announced plans to move elsewhere in , a decision that could lead to a loan default for the tower, the report said.

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    The lenders separately argued that the shared services contract Payless signed with Alden-affiliated Aerosoles lacked disclosure "as to whether the contract and the associated costs conform with market terms, the debtor's credit documents Alden said Payless' senior management team consisted of "experienced and qualified executives" who were chosen in a process that included many Payless executives, "including Mr. Zide's clients. The issues included the search and approval of lenders for debtor-in-possession financing during the bankruptcy, lenders claimed in a court filing.

    The arguments continued during Wednesday's roughly two-hour hearing in St. Akin Gump attorneys said the law firm had disclosed its Alden-related work at the start of the bankruptcy. Echoing arguments by Alden, they also said the hedge fund sponsor does not control the Payless board. Lawyers for the Payless lenders and creditors nonetheless argued that further restrictions were crucial to prevent potential conflicts of interest from giving Alden an advantage over other parties in the case.

    However, the appointment of an outside board monitor "seems like a pretty extreme thing," he added. These "sorts of allegations require detailed due diligence to get to the bottom of it to see what was done," he said. Alden is the investment adviser for Strategic Investment Opportunities, according to a Delaware lawsuit. Four of the board's five current members have ties to Alden. One is Freeman, the hedge fund sponsor's president.