Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Exide Technologies Considering Bankruptcy Amid Regulatory Scrutiny

Author: Joel R. Glucksman

Date: June 20, 2013

Key Contacts

Back

Car- and battery-maker Exide Technologies is considering bankruptcy protection under Chapter 11 this summer, sources familiar with the company told the Wall Street Journal.

The company is due to make a $56 million payment in September, but has faced shrinking profitability as a result of higher-than-expected restructuring expenses, reduced demand in a number of markets, and higher lead-input costs, the Journal reports. Adding to the company’s financial strain is the reputational damage suffered to its brand after allegations of violating state environmental laws came to light. Scrutiny from regulators at its Vernon, California, facility forced the division to suspend operations while investigators explore potentially hazardous lead and arsenic emissions at the battery recycling facility, CBS reports. The California Department of Toxic Substances Control, which ordered the shut-down, said it is unsure how long the suspension will remain in place.

The investigation highlights several earlier reports that indicate Exide’s faulty operation of its storm-water system may have violated state laws for several years. The findings of a 2007 report conducted by the California Regional Water Quality Control Board “suggest that in the last three years, Exide has contributed through deposition approximately 424 lbs. of lead in both 2004 and 2005 and 712 lbs of lead in 2006 to the watershed,” CBS notes.

The company’s plan to seek bankruptcy law protection will likely not include its European operations, which represent more than 50 percent of the Exide’s revenue, a source close to the matter told the newspaper. However, Exide noted that it is “evaluating its legal and regulatory remedies” to help it get out from under $700 million in debt. Creditors have already expressed concerns that the company will be unable to make its debt payment in September, the Journal reports.

Exide Technologies currently provides batteries to auto makers, parts suppliers, and retailers throughout the U.S., and recently expanded operations after receiving a $34 million matching grant in late 2009 from the Department of Energy.

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

    Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
    Novation Agreement Process: Step-by-Step Guide for Businesses post image

    Novation Agreement Process: Step-by-Step Guide for Businesses

    Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

    Author: Dan Brecher

    Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
    What Is a Trade Secret? Key Elements and Legal Protections Explained post image

    What Is a Trade Secret? Key Elements and Legal Protections Explained

    What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

    Author: Ronald S. Bienstock

    Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
    What Is Title Insurance? Safeguarding Against Title Defects post image

    What Is Title Insurance? Safeguarding Against Title Defects

    If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

    Author: Patrick T. Conlon

    Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

    Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

    Exide Technologies Considering Bankruptcy Amid Regulatory Scrutiny

    Author: Joel R. Glucksman

    Car- and battery-maker Exide Technologies is considering bankruptcy protection under Chapter 11 this summer, sources familiar with the company told the Wall Street Journal.

    The company is due to make a $56 million payment in September, but has faced shrinking profitability as a result of higher-than-expected restructuring expenses, reduced demand in a number of markets, and higher lead-input costs, the Journal reports. Adding to the company’s financial strain is the reputational damage suffered to its brand after allegations of violating state environmental laws came to light. Scrutiny from regulators at its Vernon, California, facility forced the division to suspend operations while investigators explore potentially hazardous lead and arsenic emissions at the battery recycling facility, CBS reports. The California Department of Toxic Substances Control, which ordered the shut-down, said it is unsure how long the suspension will remain in place.

    The investigation highlights several earlier reports that indicate Exide’s faulty operation of its storm-water system may have violated state laws for several years. The findings of a 2007 report conducted by the California Regional Water Quality Control Board “suggest that in the last three years, Exide has contributed through deposition approximately 424 lbs. of lead in both 2004 and 2005 and 712 lbs of lead in 2006 to the watershed,” CBS notes.

    The company’s plan to seek bankruptcy law protection will likely not include its European operations, which represent more than 50 percent of the Exide’s revenue, a source close to the matter told the newspaper. However, Exide noted that it is “evaluating its legal and regulatory remedies” to help it get out from under $700 million in debt. Creditors have already expressed concerns that the company will be unable to make its debt payment in September, the Journal reports.

    Exide Technologies currently provides batteries to auto makers, parts suppliers, and retailers throughout the U.S., and recently expanded operations after receiving a $34 million matching grant in late 2009 from the Department of Energy.

    Let`s get in touch!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

    Please select a category(s) below: