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99-468: The Ohio Valley Mall opened on October 4, 1978. The mall opened with five anchor stores which were JCPenney , Kaufmann's , L.S. Good, Montgomery Ward , and Sears . In March 1982, L.S. Good closed and Stone & Thomas opened in its space in the summer of that year. Montgomery Ward closed in April 1983 and was replaced by Kmart that November. In 1996, Stone & Thomas moved into a larger location within

198-679: A "Jacques Penne" pop-up shop in Manhattan during the 2017 holiday season. In 2018, the JCPenney at Plaza Palma Real in Humacao, Puerto Rico closed permanently, after Hurricane Maria devastated the store in September 2017. In May, JCPenney reported an adjusted loss of $ 69 million in the first quarter, even worse than Wall Street predicted, and lowered its projections for the year. Sales fell 4%, also missing estimates. Earlier in 2018,

297-640: A 16.6% stake in Martha Stewart Living Omnimedia, intending to create "mini-Martha Stewart shops" in its stores by 2013. In early 2012, JCPenney implemented a new pricing strategy, replacing sales with "Every Day" prices, but saw a 22% sales decline by mid-year. The company also experienced staff cuts, laying off 1,600 employees in January and 600 more in April 2012. Johnson was dismissed in April 2013 and replaced by former CEO Mike Ullman . In late 2013, JCPenney faced challenges in

396-734: A 2005 study claimed the drop may have been due to an increase in the incorrect classification of many bankruptcies as "consumer cases" rather than "business cases". Cases involving more than US$ 50 million in assets are almost always handled in federal bankruptcy court, and not in bankruptcy-like state proceeding. The largest bankruptcy in history was of the US investment bank Lehman Brothers Holdings Inc., which listed $ 639 billion in assets as of its Chapter 11 filing in 2008. The 16 largest corporate bankruptcies as of December 13, 2011 Enron, Lehman Brothers, MF Global and Refco have all ceased operations while others were acquired by other buyers or emerged as

495-441: A Chapter 11 bankruptcy, the debtor corporation is typically recapitalized so that it emerges from bankruptcy with more equity and less debt, a process through which some of the debtor corporation's debts may be discharged. Determinations as to which debts are discharged, and how equity and other entitlements are distributed to various groups of investors, are often based on a valuation of the reorganized business. Bankruptcy valuation

594-518: A J. C. Penney in Des Moines, Iowa . Walton subsequently founded retailer Walmart in 1962. By 1941, J. C. Penney operated 1,600 stores in all 48 states. In 1956, J. C. Penney started national advertising with a series of advertisements in Life magazine. J. C. Penney credit cards were first issued in 1959. The company dedicated its first full-line shopping-center department store in 1961. This store

693-603: A group of stores that were divested because of trade competition issues raised during the merger.) On December 9, 1998, The New York Times reported JCPenney would acquire controlling interest of Lojas Renner for a little over $ 33 million, which increased the company's maneuvering ability with their already existing units in Chile, Mexico and Puerto Rico . In 1998, JCPenney launched its Internet store . Between 1995 and 1998, JCPenney entered Indonesia under partnership with Lippo Group (under their Multipolar investment arm) with

792-507: A higher price for divisions or other assets than a chapter 7 liquidation would be likely to achieve. Section 362(d) of the Bankruptcy Code allows the court to terminate, annul, or modify the continuation of the automatic stay as may be necessary or appropriate to balance the competing interests of the debtor, its estate, creditors, and other parties in interest and grants the bankruptcy court considerable flexibility to tailor relief to

891-483: A juniors clothing line) and the introduction of more skate/surf-oriented clothing, including Rusty, RS by Ryan Sheckler and 3rd Rail. In August, Albert Gonzalez 's defense lawyer announced JCPenney was a victim of a computer hacker , although the company stated that no customers' credit card information had been stolen. That year, JCPenney reached an agreement with Seattle's Best Coffee to feature full-service cafes within leased departments inside JCPenney stores across

990-531: A new Golden Rule store. Using money from savings and a loan, Penney joined the partnership and moved with his wife and infant son to Kemmerer, Wyoming , to start his own store. Penney opened the store on April 14, 1902. He participated in the creation of two more stores and purchased full interest in all three locations when Callahan and Johnson dissolved their partnership in 1907. In 1909, Penney moved his company headquarters to Salt Lake City , Utah to be closer to banks and railroads. By 1912, Penney had 34 stores in

1089-427: A plan. If the debtor proposes a plan within the 120-day exclusivity period, a 180-day exclusivity period from the date of filing for chapter 11 is granted in order to allow the debtor to gain confirmation of the proposed plan. With some exceptions, the plan may be proposed by any party in interest. Interested creditors then vote for a plan. If the judge approves the reorganization plan and the creditors all agree, then

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1188-439: A planned closing a total of 242 stores. Since the initial filing, rumors of potential buyers included Amazon , Sycamore Partners , and a group consisting of Authentic Brands ( Forever 21 , Aeropostale , Barneys ), and mall owners Simon Property Group and Brookfield Properties. On July 8, JCPenney submitted their bankruptcy exit plan to existing lenders, and also requested more time for negotiations. On July 31, 2020, it

1287-537: A preview of an upcoming product line. In February 2008, the company launched the American Living brand, as developed by Ralph Lauren , across several product lines. The launch, which was accompanied by an ad campaign during the 80th Academy Awards , was the company's largest private brand launch. That summer, JCPenney also added a new brand to its home collection, Linden Street. The Linden Street brand features furniture, domestics, and home decor. Linden Street

1386-532: A prize at the Cannes Lions International Advertising Festival . The ad was criticized for seeming to promote teen sex. JCPenney denied that the ad was theirs and their advertising agency Saatchi & Saatchi reported that it had been created by a third-party vendor. It was entered in the competition by Epoch Films, who declined to comment. Marketing expert John Tantillo advised that the company distance itself from

1485-404: A profit. The trustee or debtor-in-possession normally rejects a contract or lease to transform damage claims arising from the nonperformance of those obligations into a prepetition claim. In some situations, rejection can also limit the damages that a contract counterparty can claim against the debtor. Chapter 11 follows the same priority scheme as other bankruptcy chapters. The priority structure

1584-418: A reorganization process for the majority of private individuals. When a business is unable to service its debt or pay its creditors , the business or its creditors can file with a federal bankruptcy court for protection under either Chapter 7 or Chapter 11. In Chapter 7, the business ceases operations, a trustee sells all of its assets, and then distributes the proceeds to its creditors. Any residual amount

1683-535: A secured party with an interest in an aircraft the ability to take possession of the equipment within 60 days after a bankruptcy filing unless the airline cures all defaults. More specifically, the right of the lender to take possession of the secured equipment is not hampered by the automatic stay provisions of the Bankruptcy Code. In August 2019, the Small Business Reorganization Act of 2019 ("SBRA") added Subchapter V to Chapter 11 of

1782-417: A six-year, $ 1 billion deal with JCPenney to sell a line of affordable clothing, accessories, cosmetics, and perfumes ranging in price from $ 24 to $ 200. The move was considered controversial then as no other high-end designer up to that point in time had licensed their designs to a mid-price retailer. The line, named Halston III, would not last long, as it would be poorly received and discontinued after about

1881-565: A successful reorganization and retain control of the business and increase oversight and ensure a quick reorganization. A Subchapter V case contrasts from a traditional Chapter 11 in several key aspects: it is earmarked only for the "small business debtor" (as defined by the Bankruptcy Code), so, only a debtor can file a plan of reorganization . The SBRA requires the U.S. Trustee appoint a "subchapter V trustee" to every Subchapter V case to supervise and control estate funds, and facilitate

1980-529: A tool for escaping labor contracts, usually 30–35% of an airline's operating cost. Every major US airline has filed for Chapter 11 since 2002. In the space of 2 years (2002–2004) US Airways filed for bankruptcy twice leaving the AFL–CIO , pilot unions and other airline employees claiming the rules of Chapter 11 have helped turn the United States into a corporatocracy . The trustee or debtor-in-possession

2079-560: A wave of millennials who are buying first-time homes. In February, JCPenney opened a support center in Bangalore , India. In January 2017, JCPenney sold its headquarters campus and surrounding land in Plano, Texas, to Dreien Opportunity Partners as a leaseback sale to maintain operations at the location. The land has since been broken up and sold and developed. Space inside the headquarters building has been subleased. Part of this land

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2178-659: A year. However, the business move paved the way for other such high-end designers to sell their products at stores of varying price ranges in the future. In 1984, JCPenney acquired the First National Bank of Harrington, Delaware and renamed it J. C. Penney National Bank. With the acquisition of the bank, the company became able to issue its own Mastercard and Visa Inc. cards. The company also began accepting American Express cards. Also that year, Thrift Drug began co-locating stores with Weis Markets , and acquired many former Pantry Pride properties. In April 1987,

2277-399: Is defined primarily by § 507 of the Bankruptcy Code ( 11 U.S.C.   § 507 ). As a general rule, administrative expenses (the actual, necessary expenses of preserving the bankruptcy estate, including expenses such as employee wages, and the cost of litigating the chapter 11 case) are paid first. Secured creditors —creditors who have a security interest , or collateral , in

2376-442: Is given the right, under § 365 of the Bankruptcy Code, subject to court approval, to assume or reject executory contracts and unexpired leases. The trustee or debtor-in-possession must assume or reject an executory contract in its entirety, unless some portion of it is severable. The trustee or debtor-in-possession normally assumes a contract or lease if it is needed to operate the reorganized business or if it can be assigned or sold at

2475-403: Is often highly contentious because it is both subjective and important to case outcomes. The methods of valuation used in bankruptcy have changed over time, generally tracking methods used in investment banking, Delaware corporate law, and corporate and academic finance, but with a significant time lag. Chapter 11 retains many of the features present in all, or most, bankruptcy proceedings in

2574-421: Is returned to the owners of the company. In Chapter 11, in most instances the debtor remains in control of its business operations as a debtor in possession , and is subject to the oversight and jurisdiction of the court. A Chapter 11 bankruptcy will result in one of three outcomes for the debtor: reorganization, conversion to Chapter 7 bankruptcy, or dismissal. In order for a Chapter 11 debtor to reorganize,

2673-410: Is sold exclusively in JCPenney stores and through its website. Other brands for juniors and young men were launched that summer. They included a relaunch of Le Tigre , along with Decree, and Fabulosity, a junior line of clothing by Kimora Lee Simmons . In July 2009, new additions were made to the JCPenney young men's department, including an expansion of its private brand Decree (previously exclusively

2772-438: Is stayed, or put on hold, until it can be resolved in bankruptcy court, or resumed in its original venue. An example of proceedings that are not necessarily stayed automatically are family law proceedings against a spouse or parent. Further, creditors may file with the court seeking relief from the automatic stay. If the business is insolvent , its debts exceed its assets and the business is unable to pay debts as they come due,

2871-469: Is the airline industry in the United States; in 2006 over half the industry's seating capacity was on airlines that were in Chapter 11. These airlines were able to stop making debt payments, break their previously agreed upon labor union contracts, freeing up cash to expand routes or weather a price war against competitors — all with the bankruptcy court's approval. Studies on the impact of forestalling

2970-450: Is unclear whether she was fired or resigned. On January 1, 2021, Soltau was replaced by Simon Property's chief investment officer, Stanley Shashoua. On June 4, 2020, JCPenney released a list of 148 stores slated to close starting in late June 2020, with eleven additional store closures announced on June 22 and two additional stores on July 7, with the previously announced store closing locations remaining on hold pending further review, for

3069-501: The 79th Academy Awards in late February 2007. After JCPenney sold off Eckerd in 2004, the locations that continued to operate as Eckerd (some locations in the Southern U.S. were sold to CVS Corporation ) still had JCPenney Catalog Centers inside the stores (which was a carryover from locations that were once Thrift Drug ) and also continued to accept JCPenney credit cards. After Rite Aid finalized its acquisition of Eckerd in 2007,

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3168-519: The COVID-19 pandemic for its action. By June 17, JCPenney reopened approximately 827 stores; most of the 154 scheduled for permanent closure in 2020 were among those reopened, with final closing sales in progress. On June 22, JCPenney identified an additional 13 stores that would be permanently closed. On July 7, 2020, JCPenney announced that they would close two stores in New York City; one at

3267-897: The Christmas and holiday season in 2021. As of November 2024, the former Sears is in the process of being redeveloped to add four new anchor stores. Current Former Seasonal Current Former Seasonal JCPenney Penney OpCo LLC , doing business as JCPenney and often abbreviated JCP , is an American department store chain that operates 656 stores across 49 U.S. states and Puerto Rico. Departments inside JCPenney stores include Men's, Women's, Boys', Girls', Baby, Bedding, Home, Fine Jewelry, Shoes, Lingerie, JCPenney Salon , JCPenney Beauty , as well as leased departments such as Seattle's Best Coffee , US Vision optical centers, and Lifetouch portrait studios. Most JCPenney stores were initially located in downtown areas, but, as shopping malls grew in popularity during

3366-846: The JCPenney style in advertising. and its revenues reached $ 5 billion (equivalent to $ 37.6 billion in 2024) for the first time and catalog business made a profit for the first time. JCPenney reached its peak number of stores in 1973, with 2,053 stores, 300 of which were full-line establishments. However, the company was hard hit by the 1974 recession with its stock price declining by two-thirds. In 1977, J. C. Penney sold its four stores in Italy to Italian department store chain La Rinascente ; Penneys had opened in Italy in 1970 but left due to difficulties encountered when trying to expand in Italy and had only ever opened stores in

3465-598: The Lombardy region. In the same year they also closed down their unprofitable Supermarkets Interstate supermarket brand which operated in Treasury discount stores; however, the stores that were not in Treasury locations remained open. In 1978, the J. C. Penney Historic District in Kemmerer, Wyoming, was designated a U.S. National Historic Landmark . In 1979, JCPenney stores started accepting Visa cards. MasterCard

3564-656: The Manhattan Mall , which was closed immediately and the Kings Plaza store in Brooklyn, which closed on Sunday, September 27, 2020. On December 17, 2020, JCPenney announced that they would close 15 additional stores in March 2021. As of June 2021, there have been a total of 175 store closures. On December 30, 2020, it was announced that Jill Soltau would step down as CEO of JCPenney, effective December 31, 2020. It

3663-511: The United States Trustee , can request the court convert the case into a liquidation under chapter 7, or appoint a trustee to manage the debtor's business. The court will grant a motion to convert to chapter 7 or appoint a trustee if either of these actions is in the best interest of all creditors. Sometimes a company will liquidate under chapter 11 (perhaps in a 363 sale), in which the pre-existing management may be able to help get

3762-622: The 1960s, JCPenney expanded to include Alaska, Hawaii, and Puerto Rico. Stores were opened in Anchorage and Fairbanks , Alaska in 1962, followed by Honolulu , Hawaii in 1966, and Puerto Rico in 1968. The Penney Building in Anchorage partially collapsed and was damaged beyond repair in the 1964 Alaska earthquake . The company rebuilt the store as a shorter building on a larger footprint and followed up by building Anchorage's first public parking garage, which opened in 1968. The Honolulu store

3861-560: The 1960s, the chain began relocating and developing stores to anchor the malls. In recent years, JCP has opened stores in power centers , as well as stand-alone stores, sometimes adjacent to competitors. The company has been an Internet retailer since 1998, and it has streamlined its catalog and distribution while undergoing renovation improvements at store level. After filing for Chapter 11 bankruptcy protection in May 2020, Brookfield Asset Management and Simon Property Group agreed to purchase

3960-473: The 1980s JCPenney's also stopped selling outdoor equipment and hardware such as lawn mowers and tools. Construction on the new company headquarters in Plano, Texas broke ground in 1990 and were completed in 1992. When Sears closed its catalog business in 1993, JCPenney became the largest catalog retailer in the United States. In 1995 the chain expanded to Chile with a store in the capital, Santiago . In 1995,

4059-475: The Ambrielle lingerie label, which became its largest private brand launched in the company's history. JCPenney also re-introduced cosmetics with the opening of Sephora " stores-within-a-store " inside some JCPenney locations. Beginning in 2007, JCPenney's store slogan changed from "It's All Inside" to "Every Day Matters." The new slogan and associated ad campaign was launched in television commercials during

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4158-455: The Bankruptcy Code requires the bankruptcy court reach certain conclusions prior to confirming or approving the plan and making it binding on all parties in the case, most notably that the plan complies with applicable law and was proposed in good faith. The court must also find that the reorganization plan is feasible in that, unless the plan provides otherwise, the plan is not likely to be followed by further reorganization or liquidation. In

4257-482: The Bankruptcy Code. Subchapter V, which took effect in February 2020, is reserved exclusively for the small business debtor with the purpose of expediting bankruptcy procedure and economically resolving small business bankruptcy cases. Subchapter V retains many of the advantages of a traditional Chapter 11 case without the unnecessary procedural burdens and costs. It seeks to increase the debtor's ability to negotiate

4356-477: The Catalog Centers inside the soon-to-be-converted stores permanently closed. Although as a result of the acquisition, Rite Aid now accepts JCPenney credit cards, even at Rite Aid locations that existed before the acquisition of Eckerd. In November 2007, the company launched a new public website, JCPenneyBrands.com, which covers the company's private and exclusive brands and its branding strategy, as well as

4455-507: The Rocky Mountain States. In 1913, all stores were consolidated under the J. C. Penney banner. The so-called "mother store", in Kemmerer, opened as the chain's second location in 1904. In 1913, the company was incorporated under the new name, J. C. Penney Company, with William Henry McManus as a co-founder. In 1914, the headquarters was moved to New York City to simplify buying, financing, and transportation of goods. By 1917,

4554-534: The Simon and Brookfield retail portfolio, therefore superseding and annulling previous agreements for Sephora to leave JCPenney in favor of Kohl's. The company returned to its Plano, Texas, headquarters in July 2023. The reopened headquarters contains over 2,000 workers and occupies three floors. In June 2008, an ad called "Speed Dressing" emerged ending with the JCPenney logo and slogan "Every Day Matters". The ad won

4653-570: The United States Code ) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy , is available to every business , whether organized as a corporation , partnership or sole proprietorship , and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides

4752-525: The United States. It provides additional tools for debtors as well. Most importantly, 11 U.S.C.   § 1108 empowers the trustee to operate the debtor's business. In Chapter 11, unless a separate trustee is appointed for cause, the debtor, as debtor in possession, acts as trustee of the business. Chapter 11 affords the debtor in possession a number of mechanisms to restructure its business. A debtor in possession can acquire financing and loans on favorable terms by giving new lenders first priority on

4851-767: The acquisition of General Merchandise Company which gave them The Treasury stores. These discount operations proved unsuccessful and were shuttered in 1981. In 1963, J. C. Penney issued its first catalog. The company operated in-store catalog desks in eight states. The catalogs were distributed by the Milwaukee Catalog distribution center. In 1969, the company acquired Thrift Drug , a chain of drugstores headquartered in Pittsburgh , Pennsylvania. It also acquired Supermarkets Interstate , an Omaha -based food retailer which operated leased departments in J. C. Penney stores, The Treasury stores, and Thrift Drug stores. In

4950-477: The bankruptcy restructuring may result in the company's owners being left with nothing; instead, the owners' rights and interests are ended and the company's creditors are left with ownership of the newly reorganized company. All creditors are entitled to be heard by the court. The court is ultimately responsible for determining whether the proposed plan of reorganization complies with bankruptcy laws. One controversy that has broken out in bankruptcy courts concerns

5049-414: The branding JCPenney Collections , also used by multiple international JCPenney branches across Asia during the decade. This type of JCPenney store only featured fashion for men, women and kids. During its tenure, JCPenney opened two flagship stores: in 1995 on the upper ground level of Lippo Supermal (now Supermal Karawaci), and in 1996 on the upper ground and first level of Mal Taman Anggrek . Aside from

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5148-399: The business's earnings. The court may also permit the debtor in possession to reject and cancel contracts. Debtors are also protected from other litigation against the business through the imposition of an automatic stay . While the automatic stay is in place, creditors are stayed from any collection attempts or activities against the debtor in possession, and most litigation against the debtor

5247-423: The chances of a successful outcome and sufficient debtor-in-possession financing may be unavailable during an economic recession. A preplanned, pre-agreed approach between the debtor and its creditors (sometimes called a pre-packaged bankruptcy ) may facilitate the desired result. A company undergoing Chapter 11 reorganization is effectively operating under the "protection" of the court until it emerges. An example

5346-648: The commercial and also shed the publicity it engendered. Beginning with the Marathon Hats line, JCPenney has introduced multiple private brands, partially in response to suppliers denying access to expected inventories. JCPenney locations that are listed on the National Register of Historic Places (NRHP): Chapter 11, Title 11, United States Code Chapter 11 of the United States Bankruptcy Code ( Title 11 of

5445-425: The company announced it would cut 360 jobs at its stores and corporate headquarters. The company lowered its earnings forecast for the year to 13 cents per share at best, and said it could lose as much as 7 cents. JCPenney finished the quarter with just $ 181 million in cash, down from $ 363 million a year ago. Much of the big decrease was because of a $ 190 billion debt replace. On May 22, JCPenney announced

5544-507: The company announced that it was moving its headquarters to Plano, Texas . After several years of development, the JCPenney Television Shopping Channel appeared on cable systems beginning in 1989. By the mid-1980s, all JCPenney stores had discontinued sales of firearms. Before this point, JCPenney carried rifles and shotguns branded as JCPenney but produced by numerous established firearms manufacturers. In

5643-914: The company emerges from bankruptcy it is poised to save nearly 60,000 jobs, according to various independent studies. The company was paying $ 2.45 million in monthly rent at the time it sold its headquarters offices in Plano, Texas in 2017; the location was permanently vacated in November 2020. In October 2021, the company opened 10 new shop-in-shop locations across the US, featuring a wide variety of brands, including indie and BIPOC brands, including flagship partner Thirteen Lune . Marc Rosen became CEO in 2021. In April 2022, JCPenney's owners—Simon and Brookfield—offered $ 8.6 billion to purchase Kohl's . Sephora had already announced plans to contract exclusively with Kohl's by 2023, and had piloted Sephora Inside Kohls at select store locations. With this deal, Sephora would remain affiliated with, and under control of,

5742-915: The company for approximately $ 800 million in cash and debt in September 2020. The deal was approved by the U.S. bankruptcy court for the Southern District of Texas two months later. James Cash Penney was born in Hamilton, Missouri . After graduating from high school, Penney worked for a local retailer. He relocated to Colorado at the advice of a doctor, hoping that a better climate would improve his health. In 1898, Penney went to work for Thomas Callahan and Guy Johnson, who owned dry goods stores called Golden Rule stores in Colorado and Wyoming. In 1899, Callahan sent Penney to Evanston, Wyoming , to work with Johnson in another Golden Rule store. Callahan and Johnson asked Penney to join them in opening

5841-530: The company on retail. In 2003, the company opened three stores in strip centers in Texas , Minnesota and Indiana . The new one-level, 94,000 sq ft (8,700 m ) format stores focus on convenience with wider aisles and centralized checkouts. In 2004, the company added 14 more stores and exited the drug store division after 35 years, with the sale of its Eckerd division. The company also sold its six Mexico stores to Grupo Carso , which rebranded five of

5940-585: The company operated 175 stores in 22 states in the United States. J. C. Penney acquired The Crescent Corset Company in 1920, the company's first wholly owned subsidiary. In 1922, the company's oldest active private brand, Big Mac work clothes, was launched. The company opened its 500th store in 1924 in Hamilton, Missouri, James Cash Penney's hometown. By the opening of the 1,000th store in 1928, gross business had reached $ 190 million (equivalent to $ 3.37 billion in 2024). In 1940, Sam Walton began working at

6039-448: The confirmation hearing, a disclosure statement must be approved by the bankruptcy court. Once the disclosure statement is approved, the plan proponent will solicit votes from the classes of creditors. Solicitation is the process by which creditors vote on the proposed confirmation plan. This process can be complicated if creditors fail or refuse to vote. In which case, the plan proponent might tailor his or her efforts in obtaining votes, or

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6138-436: The country. Seattle's Best Coffee is still expanding café locations within JCPenney locations across the country. In 2010, Vornado Realty Trust acquired a 9.9% stake in JCPenney but sold it in 2013 for $ 13.00 per share. On January 24, 2011, JCPenney shut down its catalog business and 19 outlet stores. Seven additional stores and two call centers also closed. On February 12, 2011, The New York Times revealed that JCPenney

6237-497: The creditors' rights to enforce their security reach different conclusions. Chapter 11 cases dropped by 60% from 1991 to 2003. One 2007 study found this was because businesses were turning to bankruptcy-like proceedings under state law, rather than the federal bankruptcy proceedings, including those under chapter 11. Insolvency proceedings under state law, the study stated, are currently faster, less expensive, and more private, with some states not even requiring court filings. However,

6336-444: The debtor does file a plan within the first 120 days, the exclusivity period is extended to 180 days after the order for relief for the debtor to seek acceptance of the plan by holders of claims and interests. If the judge approves the reorganization plan and the creditors all "agree", then the plan can be confirmed. §1129 of the Bankruptcy Code requires the bankruptcy court reach certain conclusions prior to "confirming" or "approving"

6435-403: The debtor must file (and the court must confirm) a plan of reorganization. In effect, the plan is a compromise between the major stakeholders in the case, including the debtor and its creditors. Most Chapter 11 cases aim to confirm a plan, but that may not always be possible. If the judge approves the reorganization plan and the creditors all agree, then the plan can be confirmed. Section 1129 of

6534-433: The debtor will be able to pay most administrative and priority claims (priority claims over unsecured claims ) on the effective date. Like other forms of bankruptcy, petitions filed under chapter 11 invoke the automatic stay of § 362. The automatic stay requires all creditors to cease collection attempts, and makes many post-petition debt collection efforts void or voidable. Under some circumstances, some creditors, or

6633-422: The debtor's property—will be paid before unsecured creditors. Unsecured creditors' claims are prioritized by § 507. For instance the claims of suppliers of products or employees of a company may be paid before other unsecured creditors are paid. Each priority level must be paid in full before the next lower priority level may receive payment. Section 1110 ( 11 U.S.C.   § 1110 ) generally provides

6732-537: The development of a consensual plan. It also eliminates automatic appointment of an official committee of unsecured creditors and abolishes quarterly fees usually paid to the U.S. Trustee throughout the case. Most notably, Subchapter V allows the small business owner to retain their equity in the business so long as the reorganization plan does not discriminate unfairly and is fair and equitable with respect to each class of claims or interests. The reorganization and court process may take an inordinate amount of time, limiting

6831-554: The drug store business was expanded with the acquisition of Kerr Drug and again in 1996 with the purchase of Fay's Drug . Then in November 1996 they acquired the Eckerd chain. Fay's, Kerr, and Eckerd merged into J. C. Penney's drug store subsidiary Thrift Drug. Fay's, most Kerr, and Thrift drug stores were re-branded Eckerd in 1997. (Kerr Drug stores in The Carolinas remained branded as such because they were part of

6930-410: The exigencies of the circumstances. Relief from the automatic stay is generally sought by motion and, if opposed, is treated as a contested matter under Bankruptcy Rule 9014. A party seeking relief from the automatic stay must also pay the filing fee required by 28 U.S.C.A. § 1930(b). In the new millennium, airlines have fallen under intense scrutiny for what many see as abusing Chapter 11 bankruptcy as

7029-512: The following business day. On March 18, JCPenney announced all retail stores would temporarily close in response to the global COVID-19 pandemic until April 2. On March 31, JCPenney announced an extension of the planned April 2 reopening, with a new date not possible to be determined at the time. On May 1, JCPenney announced a limited number of stores would reopen. On May 15, 2020, JCPenney filed for Chapter 11 bankruptcy and announced that there would be an additional 242 store closings, blaming

7128-477: The fourth major national retailer to file for bankruptcy in May 2020. Days earlier, it was reported in a regulatory filing that JCPenney would give bonuses totaling nearly $ 10 million to the company's senior managers, which included $ 4.5 million to CEO Jill Soltau . After 91 years, it was delisted from the New York Stock Exchange on May 18, 2020, and started trading over-the-counter

7227-784: The mall that same month (having to close down for a period of time due to damage caused by arson in other sections of the mall). Currently, the previous stores are occupied by H&M at Supermal Karawaci and Matahari Department Store at Mal Taman Anggrek respectively. JCPenney left Chile in 1999, after five years in the country it closed down its home store and sold its main store in Santiago to Almacenes Paris . The stores were closed due to low profitability and high expenses. In early 2001, JCPenney closed 44 under-performing stores. In 2001, JCPenney sold its direct-marketing insurance unit to Dutch insurer Aegon for $ 1.3 billion (equivalent to $ 2.24 billion in 2024) in cash to help refocus

7326-520: The mall. Burlington Coat Factory opened in 1997 in the space which Stone & Thomas occupied prior to moving. In October 1998, Stone & Thomas was converted to Elder-Beerman . Burlington Coat Factory closed in 2000 and Steve & Barry's opened in its space in 2005. In September 2006, Kaufmann's was converted to Macy's . JCPenney moved to Triadelphia, West Virginia , in 2007, and was replaced by Levin Furniture in 2009. In September 2008, it

7425-405: The plan and making it binding on all parties in the case. Most importantly, the bankruptcy court must find the plan (a) complies with applicable law, and (b) has been proposed in good faith. Furthermore, the court must determine whether the plan is "feasible, " in other words, the court must safeguard that confirming the plan will not yield to liquidation down the road. The plan must ensure that

7524-412: The plan can be confirmed. If at least one class of creditors objects and votes against the plan, it may nonetheless be confirmed if the requirements of cramdown are met. In order to be confirmed over the creditors' objection, the plan must not discriminate against that class of creditors, and the plan must be found fair and equitable to that class. Upon confirmation, the plan becomes binding and identifies

7623-419: The plan is a compromise between the major stakeholders in the case, including, but not limited to the debtor and its creditors. Most chapter 11 cases aim to confirm a plan, but that may not always be possible. Section 1121(b) of the Bankruptcy Code provides for an exclusivity period in which only the debtor may file a plan of reorganization. This period lasts 120 days after the date of the order for relief, and if

7722-412: The plan itself. The plan may be modified before confirmation, so long as the modified plan meets all the requirements of Chapter 11. A chapter 11 case typically results in one of three outcomes: a reorganization; a conversion into chapter 7 liquidation, or it is dismissed. In order for a chapter 11 debtor to reorganize, they must file (and the court must confirm) a plan of reorganization. Simply put,

7821-442: The proper amount of disclosure that the court and other parties are entitled to receive from the members of the creditor's committees that play a large role in many proceedings. Chapter 11 usually results in reorganization of the debtor's business or personal assets and debts, but can also be used as a mechanism for liquidation. Debtors may "emerge" from a chapter 11 bankruptcy within a few months or within several years, depending on

7920-571: The resignation of their CEO, Marvin Ellison. On October 2, JCPenney announced former Jo-Ann Stores CEO Jill Soltau as their CEO, effective October 15. With the announcement, JCPenney's shares rose 9%. The company ranked 235 on the Fortune 500 list of the largest United States corporations by revenue. She has also brought new talent and has cleaned out inventory. On December 26, the stock price of JCPenney (NYSE: JCP) fell below $ 1 per share. This

8019-402: The size and complexity of the bankruptcy. The Bankruptcy Code accomplishes this objective through the use of a bankruptcy plan. The debtor in possession typically has the first opportunity to propose a plan during the period of exclusivity. This period allows the debtor 120 days from the date of filing for chapter 11 to propose a plan of reorganization before any other party in interest may propose

8118-491: The stock market, issuing 84 million shares amid declining margins and a return to promotional pricing strategies. In January 2015, it was announced that JCPenney would close 39 under-performing stores nationwide and lay off 2,250 employees. That same year, the company announced that it was liquidating its The Foundry Big & Tall Supply Co. chain of standalone clothing stores. In January 2016, JCPenney announced plans to relaunch its business of selling major appliances to target

8217-616: The stores as Dorian's and the other one as Sears Mexico . In 2005, JCPenney's e-commerce storefront exceeded the one billion dollar revenue mark for the first time. At the same time in June, the company would sell off its shares of Lojas Renner, the Brazilian-based retailer, generating $ 260 million from the sale as it discontinued its operations with Renner and its Latin American footholds as well. In 2007, JCPenney launched

8316-460: The treatment of debts and operations of the business for the duration of the plan. If a plan cannot be confirmed, the court may either convert the case to a liquidation under chapter 7, or, if in the best interests of the creditors and the estate, the case may be dismissed resulting in a return to the status quo before bankruptcy. If the case is dismissed, creditors will look to non-bankruptcy law in order to satisfy their claims. In order to proceed to

8415-764: The two, JCPenney also opened smaller stores under the JCPenney Collections name in a few malls such as Plaza Blok M . All stores of JCPenney Collections in Indonesia started planning to close down due to 1997 Asian financial crisis – with the JCPenney Collections store in Taman Anggrek closed in December 1997, and the May 1998 riots – with the Lippo Supermal store looted by mass and also exiting

8514-506: Was accepted the following year. In 1980, the company closed the unprofitable Treasury discount stores to focus resources on its core retail stores. In 1983, JCPenney discontinued its appliance, hardware, outdoor equipment, and auto center departments, and also sold its automotive centers to Firestone. Also in 1983, it began selling goods online through the Viewtron videotex service. That same year, fashion designer Roy Halston , signed

8613-435: Was announced in January 2020 that Macy's would be closing in March as part of a plan to close 125 stores nationwide. In February 2020, it was announced that Five Below would be opening in the remaining portion of the former Kmart next to Dunham's Sports. Five Below opened in June 2020. From February to May 2021, the former Sears was used as a COVID-19 vaccination clinic. The former Sears was also used by Hickory Farms during

8712-499: Was announced that 21 stores, including the "Mother Store" in Kemmerer, Wyoming , would be auctioned off as part of the proceedings. On September 9, 2020, Brookfield Property Partners and Simon Property Group agreed to purchase JCPenney for about $ 800 million, including $ 300 million in cash and assuming $ 500 million of debt, which was later approved by the court on November 10, 2020. It had been established that once

8811-543: Was announced that Steve & Barry's would be closing in November due to bankruptcy. Crafts 2000 opened in the former Steve & Barry's in 2009. In 2012, the Cafaro Company announced plans to renovate the mall's interior to add a new anchor store. Levin Furniture closed in late 2012 and in February 2013, it was announced that Boscov's would be opening in its space in October. In July 2015, Crafts 2000 closed and

8910-424: Was announced that half of the former Kmart would be subdivided and renovated to add Dunham's Sports , which opened that October, while the other half of the former Kmart would be demolished and replaced by Hampton Inn & Suites , which opened in April 2021. It was announced in April 2019 that Sears would be closing in July. On a seasonal basis from 2019 to 2024, the former Sears was used by Spirit Halloween . It

9009-412: Was dedicated at Greater Chicago's Woodfield Mall in 1971. The Woodfield Mall store served as the largest in the chain until a replacement store opened at Plaza Las Américas in 1998, which is 350,000 square feet (33,000 m ) in size. On February 12, 1971, James Cash Penney died at the age of 95; the company's stores were closed the morning of his funeral on February 16. That year, the company adopted

9108-471: Was located at Ala Moana Center , and closed in 2003, along with all remaining locations in the state, making Hawaii the only U.S. state to not currently have a JCPenney store. The Penney store at Plaza Las Américas mall in San Juan, Puerto Rico , which opened in 1968, featured three levels and 261,500 square feet (24,290 m ). It was the largest JCPenney until a 300,000-square-foot (28,000 m ) store

9207-605: Was located at Black Horse Pike Center in Audubon, New Jersey . The second full-line shopping center store was dedicated, at King of Prussia Plaza in King of Prussia, Pennsylvania in late 1962. Those stores expanded the lines of merchandise and services that an average J. C. Penney carried to include appliances, sporting goods, tools, garden\lawn merchandise, restaurants, beauty salons, portrait studios, auto parts, and auto centers. In 1962, J. C. Penney entered discount merchandising with

9306-523: Was paired with news that the retailer had suffered a 4% decline in same-store sales during the 2018 holiday quarter. On March 26, JCPenney announced the hiring of Bill Wofford as chief financial officer. Wofford came to the company from The Vitamin Shoppe , where he had served as CFO since June 2018. On May 21, JCPenney announced that Shawn Gensch would be the chief customer officer , to take effect on June 3. Gensch comes from Sprouts Farmers Market where he

9405-471: Was replaced by Pat Catan's that September. It was announced in January 2017 that Elder-Beerman and Kmart would be closing in March. In April 2017, the former Elder-Beerman was subdivided and renovated to add Marshalls , which opened that September. It was announced in January 2019 Pat Catan's would be closing in June due to Michaels announcing that it would be converting the store in August. In March 2019, it

9504-813: Was sold to where the current Toyota North America headquarters is now located. In February, JCPenney announced that it would shutter two distribution centers and up to 140 under-performing stores as it wrestled with disappointing sales. The company also planned to offer buyouts to roughly 6,000 employees. On March 17, JCPenney released a list of 138 locations that would close by the end of June. By closing stores and distribution facilities, JCPenney would redirect resources to help expand its store-in-store Sephora boutiques, and add Nike and Adidas boutiques, similar to what Macy's has done with Finish Line , Lids and LensCrafters . In an effort to capitalize on self-deprecating humor and improve its reputation, JCPenney collaborated with Nicole Richie and other designers to open

9603-714: Was the first time shares fell below $ 1 ever in the 110-year history of the company, which started trading on the New York Stock Exchange in 1929. The stock fell 68% over the course of 2018, including a 30% drop in December 2018 alone. On February 6, 2019, JCPenney said it would stop selling major appliances on February 28, and that furniture would be limited to online and stores in Puerto Rico. On February 28, JCPenney announced its intent to close 27 stores in 2019, including 18 full-line department stores and nine home-and-furniture stores. The closure announcement

9702-413: Was their CCO. Also on May 21, JCPenney announced a net sales decline of 5.6% and a net loss of $ 154 million for its fiscal first quarter of 2019, which ended on May 5. On January 19, 2020, JCPenney announced plans to close six stores. On March 15, 2020, when businesses were ordered to temporarily close in many states, the chain closed all of its stores and furloughed its employees. JCPenney became

9801-428: Was using " spamdexing " techniques to manipulate Google search rankings. Google reduced the company's visibility, and JCPenney fired its search engine consultant. In June 2011, Ron Johnson , former head of Apple's retail division, became JCPenney's CEO. That same year, the company sold its 15 remaining catalog outlets to SB Capital Group, converting them into JC's 5 Star Outlets. In December 2011, JCPenney purchased

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