Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Quiksilver Files for Chapter 11 Bankruptcy Protection

Author: Joel R. Glucksman

Date: October 16, 2015

Key Contacts

Back

On Sept, 9, Quiksilver, one of the largest manufacturers of surfwear and other boardsport-related equipment in the world

On Sept, 9, Quiksilver, one of the largest manufacturers of surfwear and other boardsport-related equipment in the world, announced that it had filed for Chapter 11 bankruptcy protection, according to the Wall Street Journal. In court papers, the company claimed that it plans to hand over control to its largest lender, Oaktree Capital Management LP.

Epiq Systems, Inc., a provider of managed technology for law firms, advises that total business bankruptcy filings in the United States have increased by 5% on a year-on-year basis, to a total of 65,511.

Record sales losses, massive debt

The surfwear retail giant stated in court filings that shifts in consumer tastes, the global financial crisis and a rise in competition in the teen consumer market from with low-cost companies like Billabong and H&M, had led to its decision to seek bankruptcy protection.

Following a decade of profitability, Quiksilver’s U.S. operations began to suffer quickly, as it lost approximately 80 percent of its market share in 2014, according to a CNBC report. Further, the company suffered from a 14 percent drop in sales in 2014, resulting in a $38 million loss, which brought revenues down to $397 million, margins to 48.9 percent and net losses to $309 million. This trend has continued this most recent quarter as the company posted $333 million in revenues with sales down 18 percent, resulting in a $37 million loss, a net loss of $38 million and a 47.1 percent margin drop. All told, Quiksilver has reported double-digit percentage revenue losses for five consecutive quarters, which has seen its market capitalization in the U.S. market fall from its peak of $2.3 billion down to $300 million.

Contributing to its financial losses were Quiksilver’s expansion efforts in 2004, which accrued over $1.1 billion in debt for the company. According to a Bloomberg report, Quiksilver listed $826 million in total debts and $337 million in total assets.

Earlier this year, Quiksilver laid off more than 80 employees at its flagship location in Huntington Beach, California.

Plan calls for the company to swap its debt for equity

As part of its Chapter 11 filing, Quiksilver reached a $279 million secured bond debt-for-equity Plan Sponsor Agreement with its largest creditor, Oaktree Capital Management. In a Business Insider report, the plan calls for Quiksilver to transfer a majority stake to Oaktree in exchange for $175 million in financing, in order to continue operations through the bankruptcy period. This restructuring plan, which is subject to court approval, states that Oaktree will back 73 percent of Quiksilver’s senior debt.

The company’s Eurobond holders also agreed to waive technical defaults that may come up throughout the bankruptcy period, which enabled the company to restructure U.S. operations.

After its Chapter 11 filing, StreetInsider reported that Quiksilver has requested “first day” relief to protect its customers, vendors and stakeholders through the transition into Chapter 11 bankruptcy protection. These requests for relief are centered around the company’s ability to ensure that it can continue wage and salary payments as well as employee benefits and customer reward programs.

Although Quiksilver intends to liquidate a portion of its assets, the goal is to re-emerge from the bankruptcy period as a viable business in the U.S. market. In court documents, the company stated that its international operations will not be affected by its U.S. holdings.

Quiksilver’s Chapter 11 bankruptcy filing is a growing retail trend

Several brick and mortar retail chains have sought Chapter 11 bankruptcy protection in recent years. Chains like RadioShack Corp. and Frederick’s of Hollywood Inc. have followed suit, citing fallen sales and revenues as the result of increased competition and the financial crisis.

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!