Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Amateur Inventor Platform, Quirky Inc., files for Chapter 11 Bankruptcy Protection

Author: Joel R. Glucksman

Date: October 21, 2015

Key Contacts

Back

On Sept. 22, Quirky Inc., the start-up amateur inventor platform, known for developing smartphones and mobile device products to control household appliances, announced that it had filed for Chapter 11 bankruptcy protection. According to the Wall Street Journal, the company plans to sell all of its assets for its home business, Wink, for $15 million as part of the filing.

Quirky spirals into massive debt since August

Founded originally as an invention platform in 2009 after it raised approximately $170 million in venture capital, Quirky found itself in turmoil in recent months, according to MarketWatch. After it generated over $100 million in revenues in 2014 and was recognized in CNBC’s Disruptor 50 report, Quirky’s founder and CEO, Ben Kaufman, was replaced in August. Quirky then went through a massive round of layoffs, shedding 159 employees, which reduced the Quirky workforce to 90 personnel. This marked a turbulent year for Quirky as it also dealt with financial problems, product malfunctions, sales drops and a security bug in the Wink Hub device.

Quirky’s decision to file for bankruptcy protection was prompted by the October 2015 maturity date for its $19.9 million revolving line of credit. However, according to bankruptcy documents, the company also cited the fact that it owed $8 million in deferred payments after it acquired Undercurrent LLC in March 2014.

The Wall Street Journal reported that the company listed assets between $10 million and $50 million and debts between $50 million and $100 million. These debts included a $9.3 million secured term loan, $36.8 million in unsecured bond debt and an additional $28 million owed to trade creditors. Flextronics International USA Inc. is its largest unsecured creditor at $18.69 million, while Undercurrent LLC is still owed more than $14 million, UPS is owed over $1.3 million, and former CEO Kaufman is owed $300,000.

In August, Kaufman explained that Quirky was insolvent as it only had approximately $12 million in remaining cash on hand. Therefore, Quirky officials cited in court papers that an auction sale of part of the business – specifically Wink – through the bankruptcy period is the only way to maintain operations for the company as a whole.

The company’s reorganization plan

Quirky has agreed to sell off its remaining assets in an auction. As part of its bankruptcy filing, Flextronics submitted an early bid for $15 million, which establishes the minimum amount of the sale. If there are no competing offers, Quirky’s Wink assets will be sold to Flextronics within 60 days.

While Quirky has reached this sale agreement for Wink, it is still in the process of finding a buyer for its remaining assets. The sale of the rest of Quirky’s assets is crucial because the company cited that it intends to lay off 100 more employees between Wink and Quirky by December. However, the company also stated that it hopes to maintain its daily operations for Wink and Quirky, although selling off certain assets seems like the likeliest scenario in order to maintain the existing business model.

Are you a creditor in a bankruptcy?  Have you been sued by a bankrupt?  If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!