
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: November 25, 2015
Partner
201-896-7095 jglucksman@sh-law.comOn Oct. 20, Cardiac Science Corp., a major medical device firm known for developing and manufacturing automated external defibrillators, announced that it had filed for Chapter 11 bankruptcy protection. According to the Milwaukee Business Journal, the company sought bankruptcy protection after falling into insolvency with more than $87 million in debt.
In bankruptcy documents, the company cited recent turmoil after its directors were removed and a litany of financial problems that arose due to a decline in sales. According to a report by the Milwaukee Journal Sentinel, Cardiac Science Corp. stated that it holds liabilities between $100 million to $500 million against assets in the range of $10 million to $50 million.
The company also noted that it owes $8.7 million to CFS 915 LLC, one of its primary secured lenders. After the loan went into default status, CFS removed the company’s executive board and appointed new directors. In turn, CFS then filed a lawsuit against Cardiac Science for the balance of the outstanding debt. Further, Cardiac Science had also been in default status for over two years with HDFC Bank Ltd. of Mumbai, India for its $6.3 million loan.
Currently, the company has several unsecured creditors, which most notably include Celestica Electronics of Malaysia for $2.5 million, Patterson Thuente Peterson Intellectual Property of Minneapolis for $440,411 and Saft America Inc. of Valdese, North Carolina for $388,460.
One day before the company filed for Chapter 11 bankruptcy protection, its new executive board petitioned to have Criticare Systems Inc. – Cardiac Science’s sister company – put into receivership in the Waukesha County Circuit Court. The board felt that insolvency was imminent for Criticare Systems, and thus filed the petition as a way to position the company for liquidation, with the proceeds of the asset sales to be paid to its creditors.
Prior to its Chapter 11 filing, the Cardiac Science Corp. laid off 15 high-level employees in an effort to lower its costs. However, in its bankruptcy documents, the company stated that it does not intend to conduct more layoffs because it plans to seek a quick sale as an ongoing business. This sale process will be held in a supervised bankruptcy court auction, with CFS acting as the stalking horse bidder. Although CFS has also reached a purchase agreement with Cardiac Science, the auction will be open to competitive bids.
CFS has agreed to provide debtor-in-possession financing to Cardiac Science to ensure that business operations continue uninterrupted. This funding is intended to guide the company through the bankruptcy period until it is sold, with the intention of it emerging from reorganization as a viable business. In turn, the debtor-in-possession financing will enable the company to continue making payments for employee wages and benefits packages as well as goods and services from vendors.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!