Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Dropping Fast Food Trend Sends Cosi into Bankruptcy

Author: Joel R. Glucksman

Date: October 6, 2016

Key Contacts

Back

Cosi Inc. recently announced that it had filed for Chapter 11 bankruptcy protection, according to Reuters. The upscale fast food chain cited substantial losses in recent years, which prompted the company to pursue a sale of its remaining assets.

Cosi ends up insolvent after struggles 

In its bankruptcy documents, the chain claimed that consumer traffic to its fast food locations had fallen significantly in recent years because it failed to adjust to market trends. According to USA Today, following this steep decline, the company had removed its CEO and closed 29 of its 74 chain locations across the country with over 450 workers laid off. The company also listed $15.7 million in net losses on revenues of $88.9 million last year, with another $3.1 million lost this year on $22.3 million in sales through the second quarter.

In turn, its stock collapsed over 63 percent this year, including a recent 1.3 percent drop in recent days. The USA Today reported that as a result, the company listed $31.2 million in assets with $20 million in liabilities.

The reorganization plan for Cosi Inc

Cosi stated in its court papers that it negotiated a sale agreement with its lenders AB Opportunity Fund LLC, AB Value Partners LP and Milfam II L.P. to serve as the stalking horse bidder in its asset auction. Forbes reported that these lenders will set the lowest bids on all of Cosi’s assets. However, the deal is still in question due to a conflict with debtors regarding a collateral deal. In addition, as part of this deal, these creditors will provide $4 million in debtor-in-possession financing to keep the company’s core business and its franchise locations open.

Meanwhile, the plan is to use this funding to provide liquidity to maintain operations during the bankruptcy process.

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
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
Novation Agreement Process: Step-by-Step Guide for Businesses post image

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
What Is a Trade Secret? Key Elements and Legal Protections Explained post image

What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
What Is Title Insurance? Safeguarding Against Title Defects post image

What Is Title Insurance? Safeguarding Against Title Defects

If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

Author: Patrick T. Conlon

Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

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.

Dropping Fast Food Trend Sends Cosi into Bankruptcy

Author: Joel R. Glucksman

Cosi Inc. recently announced that it had filed for Chapter 11 bankruptcy protection, according to Reuters. The upscale fast food chain cited substantial losses in recent years, which prompted the company to pursue a sale of its remaining assets.

Cosi ends up insolvent after struggles 

In its bankruptcy documents, the chain claimed that consumer traffic to its fast food locations had fallen significantly in recent years because it failed to adjust to market trends. According to USA Today, following this steep decline, the company had removed its CEO and closed 29 of its 74 chain locations across the country with over 450 workers laid off. The company also listed $15.7 million in net losses on revenues of $88.9 million last year, with another $3.1 million lost this year on $22.3 million in sales through the second quarter.

In turn, its stock collapsed over 63 percent this year, including a recent 1.3 percent drop in recent days. The USA Today reported that as a result, the company listed $31.2 million in assets with $20 million in liabilities.

The reorganization plan for Cosi Inc

Cosi stated in its court papers that it negotiated a sale agreement with its lenders AB Opportunity Fund LLC, AB Value Partners LP and Milfam II L.P. to serve as the stalking horse bidder in its asset auction. Forbes reported that these lenders will set the lowest bids on all of Cosi’s assets. However, the deal is still in question due to a conflict with debtors regarding a collateral deal. In addition, as part of this deal, these creditors will provide $4 million in debtor-in-possession financing to keep the company’s core business and its franchise locations open.

Meanwhile, the plan is to use this funding to provide liquidity to maintain operations during the bankruptcy process.

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.

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!

Please select a category(s) below: