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ARTICLE · 01 MAY 2018

Bon Ton–Will Avoidable Preference Exposure Make A Creditor's Bad Situation Worse?

Bon Ton Inc., which operates department stores around the country under the Boston Store, Carson's, Bon Ton, Bergner's, Elder-Beerman ...

United StatesInsolvency/Bankruptcy/Re-Structuring

Bon Ton Inc., which operates department stores around the country under the Boston Store, Carson’s, Bon Ton, Bergner’s, Elder-Beerman and Herberger’s flags, has been a retail mainstay in Wisconsin and the Midwest. On February 4, 2018, Bon Ton filed a Chapter 11 bankruptcy in a failed attempt to locate a going concern buyer. In early April 2018, its assets were purchased in a bankruptcy auction by a consortium of liquidators, which almost immediately commenced going out of business sales that are expected to be completed by August 31.

Bon Ton’s creditors are trying to determine what their rights will be and, more importantly, what they may recover from the bankruptcy process. Bon Ton was burdened with a huge of amount of debt. The first lien and the second lien creditors held pre-petition claims totaling approximately $850 million. Bon Ton borrowed $725 million in post-petition financing to operate during the Chapter 11 process, and the total pre-petition priority

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