NEW YORK, July 1 (Reuters) - Chicken Soup for the Soul
Entertainment ( CSSE ), which owns movie rental company Redbox and the
streaming service Crackle, has entered bankruptcy on rocky
footing, with its lenders moving on Monday to wrest control from
the company's chief executive.
The company filed for bankruptcy protection in Wilmington,
Delaware late Friday, intending to fund its restructuring with a
$20 million bankruptcy loan from private credit firm Owlpoint
Capital. But private investment firm HPS Investment Partners,
which is owed $500 million, quickly moved to block the new loan
and wrest control of the company from CEO William Rouhana.
Chicken Soup for the Soul Entertainment ( CSSE ) has a diverse
line of businesses that includes its namesake series of
self-help books, ad-supported streaming services, pet food, and
Redbox, known for its bright red self-service DVD rental kiosks
at supermarkets and other retail centers. The company estimated
that it had $970 million in total debt and $414 million in total
assets in its bankruptcy petition.
It initially blamed HPS for its bankruptcy in court filings
over the weekend, saying that the lender had prevented Redbox
from taking on a new $40 million loan that would have allowed it
to buy the rights to new releases for its rental kiosks and
streaming platforms. Choked off by the HPS loan that CSSE used
to acquire Redbox in 2022, the company was "unable to pay for
all the movies that were offered by their providers," a
situation that "materially diminished the content available
across the debtors' distribution platforms."
HPS quickly fired back in court papers, saying that
Rouhana's "gross mismanagement and self-dealing" had driven the
company to a $636.6 million net loss in 2023. HPS has little
hope of being repaid the $500 million it is owed, and it said
that Rouhana's initial bankruptcy court filings were "not only
half-baked, but shocking in their lies," according to HPS's
court filings.
CSSE did not immediately respond to a request for comment.
HPS said Rouhana has "enriched himself" at the expense of
company lenders and employees, who have not been paid for the
past 10 days. HPS said Rouhana and entities he controls have
been paid over $27 million in management fees from CSSE since
2022.
HPS asked U.S. Bankruptcy Judge Thomas Horan at CSSE's first
bankruptcy court hearing on Monday to appoint a Chapter 11
trustee to take over the company's operations, and to re-appoint
all CSSE board directors that Rouhana fired before the
bankruptcy.
Horan said he was "highly reluctant" to make any immediate
rulings, given the depth of the lender dispute.
CSSE's attorney Michael Cooley told Horan that he would
speak with HPS and other lenders in an effort to get agreement
on initial funding that would be used to pay employees. The
company has over 1,000 employees, according to its court
filings.
(Reporting by Dietrich Knauth; Editing by Alexia Garamfalvi)