NEW YORK, Sept 19 (Reuters) - Tupperware's lenders
opposed the food storage and kitchen products company's proposed
bankruptcy auction during the company's first court appearance,
cutting off its access to cash and threatening to derail the
company's bankruptcy plans.
The Orlando, Florida-based company filed for bankruptcy
protection late Tuesday, with $818 million in debt and a plan to
find a buyer within 30 days.
But three key lenders, Alden Global Capital, Stonehill
Institutional Partners and a trading desk of Bank of America ( BAC ),
which bought Tupperware debt with a face value of $450 million
in July, quickly opposed the company's plans.
They took the rare steps of cutting off its access to $7.4
million in its bank accounts and filing a motion to dismiss the
bankruptcy or convert it to a Chapter 7 liquidation that would
allow lenders to quickly seize the company without the time and
expense of a lengthy Chapter 11 bankruptcy.
The lenders' attorney, Allan Brilliant of Dechert, said at a
court hearing in Wilmington, Delaware, that the company's
bankruptcy strategy would simply drag out the company's failed
search for a buyer.
Tupperware has spent $67 million since January 2023 on
restructuring and marketing professionals, but the highest bid
was just 20% of the company's existing $818 million in debt,
according to the lenders' court filings.
"They hope to convince Your Honor that they could sell to
some third party rather than the lenders, but the reality is
that that's just not going to happen here," Brilliant told U.S.
Bankruptcy Judge Brendan Shannon, who is overseeing the case.
Tupperware resisted the lenders' attempt to quickly
foreclose on its assets after that purchase, instead believing
that it should be allowed to conduct an open and transparent
sale of its assets in a court-supervised bankruptcy proceeding,
according to the company's attorney, Spencer Winters of Kirkland
& Ellis.
Winters pointed out that the objecting lenders had only
recently acquired a controlling stake in the company's debt for
between $15 million and $30 million. That investment is far less
than the bids that the lenders now portray as unrealistically
low.
Brilliant said that the amount his clients paid for the debt
was irrelevant.
Tupperware intends to ask Shannon to restore its access to
cash accounts at a court hearing next week.
Tupperware attributed its bankruptcy to a years-long slump
in sales, saying it relied too heavily on independent sales
representatives instead of selling online or in retail stores.
The case is In Re Tupperware Brands Corp, U.S. Bankruptcy
Court for the District of Delaware, No. 24-12156.
For Tupperware: Spencer Winters of Kirkland & Ellis
For the ad hoc group of lenders: Allan Brilliant of Dechert
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