Oreck Corporation Files Chapter 11 Bankruptcy

Oreck, a nationally known vacuum company founded in in 1963 by David Oreck has filed for Chapter 11 bankruptcy protection, and could reach an agreement to sell its assets in a matter of days, according to court filings. Oreck sells its products in hundreds of Oreck Clean Home Centers, through major retailers, and through phone and online direct sales. The company distributes products in the U.S., Canada and parts of Europe.Oreck Corp., the Nashville-based manufacturer of upright vacuums and cleaning products.

A Chapter 11 filing will allow Oreck to consolidate its assets and restructure its finances as part of an effort to sell the business. Chapter 11 bankruptcy is available to every business, whether organized as a corporation or sole proprietorship. 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.

Oreck expects to have a negative cash flow of nearly $3.2 million during the next three months. Oreck has about 70 employees in the corporate office in Nashville, and it employs 250 workers at its plant in Cookeville. The company also has about 325 employees at its 96 company-owned retail stores. Oreck laid off an undisclosed number of employees at the end of January, as well as in October 2012. At the time, Cahill said the layoffs weren’t a cost-cutting maneuver, and were instead a result of a shift away from the company’s traditional emphasis on direct sales.

To maintain operations, Oreck intends to borrow $11 million through debtor-in-possession financing, a special form of financing provided for financially distressed companies under Chapter 11.

Oreck said in its statement that the company will continue daily operations without interruption.

orec corporation files chapter 11 bankruptcy

 

 

 

 

Chapter 11 Bankruptcy

Chapter 11 permits reorganization under the bankruptcy laws of the United States. Chapter 11 bankruptcy is available to every business, whether organized as a corporation or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. 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 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.

Business bankruptcy filing often make huge headlines and even bigger impacts in the financial markets. Chapter 11 bankruptcy allows a business to restructure its debt, often under new management, and emerge from bankruptcy with a better chance of staying profitable.

Filing Chapter 11 bankruptcy also offers businesses a rare opportunity to renegotiate contracts with vendors, clients and unions. If your business is at this financial crossroads, call The Law Offices of Daniel A. Higson to see your options. We will be happy to meet with you and your partners and determine the best strategy to getting your company and/or organization back on track so you can get back to business as usual.