It appears that Sears has now officially submitted their filing for Chapter 11. What this means for us (which stores are closing and when, what's happening to the points program, etc) has not yet been revealed.
Here's some more details.
Sears Holdings Initiates Processes To Accelerate Strategic Transformation And Facilitate Financial Restructuring | Sears Holdings Corporation
" HOFFMAN ESTATES, Ill., Oct. 15, 2018 /PRNewswire/ -- Sears Holdings Corporation ("Holdings," "we," "our," or the "Company") (NASDAQ: SHLD) today announced a series of actions to position the Company to establish a sustainable capital structure, continue streamlining its operating model and grow profitably for the long term. To facilitate these actions, the Company and certain of its subsidiaries have filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York (the "Court").
The Company expects to move through the restructuring process as expeditiously as possible and is committed to pursuing a plan of reorganization in the very near term as it continues negotiations with major stakeholders started prior to today's announcement.
Holdings has received commitments for $300 million in senior priming debtor-in-possession ("DIP") financing from its senior secured asset-based revolving lenders and is negotiating a $300 million subordinated DIP financing with ESL Investments, Inc. ("ESL"). ESL is the Company's largest stockholder and creditor, and Edward S. Lampert is ESL's Chairman and Chief Executive Officer. Subject to Court approval, the DIP financing is expected to improve the Company's financial position immediately and support its operations during the financial restructuring process.
Holdings has filed a number of customary motions with the Court seeking authorization to support its operations during the restructuring process and ensure a smooth transition into Chapter 11.
The Company intends to continue payment of employee wages and benefits, honor member programs, and pay vendors and suppliers in the ordinary course for all goods and services provided on or after the filing date.
The Company's Sears and Kmart stores, and its online and mobile platforms, are open and continue to offer a full range of products and services to members and customers. Holdings' services and brand businesses will also continue to operate as usual.
Customers should expect Holdings' loyalty programs, including the Shop Your Way membership program, and the Sears and private label credit card rewards programs, to continue as normal. The Company is committed to working with its vendors and other partners to help maintain inventory levels and ensure timely product delivery.
...
[Sears] Holdings will also close 142 unprofitable stores near the end of the year. Liquidation sales at these stores are expected to begin shortly. [Specifics of these 142 locations has not yet been announced.] This is in addition to the previously announced closure of 46 unprofitable stores that is expected to be completed by November 2018.
...
Edward S. Lampert has stepped down from his role as Chief Executive Officer of the Company, effective immediately. He will remain Chairman of the Board. The Company's Board has created an Office of the CEO, which will be responsible for managing the Company's day-to-day operations during this process. The Office of the CEO will be composed of Robert A. Riecker, Chief Financial Officer; Leena Munjal, Chief Digital Officer, Customer Experience and Integrated Retail; and Gregory Ladley, President of Apparel and Footwear.
...
Additional information is available on the Company's restructuring website at
http://restructuring.searsholdings.com. For Court filings and other documents related to the court-supervised process, please visit
http://restructuring.primeclerk.com/sears
... "
The first court hearing is at 2pm ET (1pm CT) this afternoon. I'm guessing that's when the list of 142 new closing stores will be released.
The bankruptcy paperwork says Sears has:
Total assets: $6.937 billion
Total debts: $11.339 billion
The vendors Sears owes the most money to right now are:
Whirlpool (appliances): $23.4 million
Frigidaire/Electrolux (appliances): $18.6 million
Winia Daewoo Electronics (appliances): $15.2 million
Cardinal Health (prescription drug distributor for Kmart pharmacies): $13.9 million
Icon Health and Fitness (exercise equipment): $12.1 million
HK Greatstar (electronics): $10.3 million
Samsung (appliances): $8 million
Apex Tool (Craftsman tools): $6.6 million
Stanley Black & Decker (Stanley, Dewalt, & Craftsman tools): $5.9 million
Eastern Prime Textile (clothes): $5.8 million
Winners Industry (looks like mostly Christmas trees/decorations): $5.4 million
(There are also several financial companies that Sears owes hundreds of millions of dollars to each, and of course many smaller vendors and service companies that they didn't go into detail on.)
Customer FAQ highlights:
"Our Sears and Kmart stores and online channels are open and ready to serve you, so you can shop however is most convenient for you. Our services and brand businesses will continue to serve you as well.
Our loyalty programs, including the Shop Your Way membership program, warranties, protection agreements, and the Sears and private label credit card rewards programs continue as normal."
"We announced that we will be conducting closing sales at a number [142] of stores [starting within a week or two, and concluding] near the end of the year [in late Dec 2018] – in time for holiday shopping. Other stores [previously announced] will be conducting sales and closing by November 2018. A full list of these locations will be available on the "News/Media" section of searsholdings.com."
"
Will I receive the product/appliance/parts I’ve ordered that are currently being shipped?
We will make every effort to ensure a timely delivery for your order.
Will Sears continue to honor warranties on products I’ve already purchased or may purchase in the future?
We are currently honoring our warranties, protection agreements and guarantees as normal.
Can I still redeem gift cards?
We are accepting gift cards. Please come to our stores or shop online to use them.
Can I still exchange/return merchandise and/or cancel my order?
Yes, in line with our usual terms.
Will you still offer leasing and layaway programs?
Yes, leasing and layaway continue as normal.
Will this impact me as a holder of a Sears Credit Card or Sears Mastercard? What about accumulating rewards points?
Your cards should work as they normal do.
Will I still be able to earn and use Cashback and/or SYW points? Will I still be eligible to receive SYW promotion/additional discounts?
We have sought authority to continue these programs. [This means they have to get permission from the judge, hopefully in this afternoon's hearing.]
What happens to the Cashback points I earned that were supposed to be deposited into my
account over the next few weeks?
We have sought authority to continue these programs. [This means they have to get permission from the judge, hopefully in this afternoon's hearing.]
Will my appliances still be serviced by Sears Homes Service technicians?
Yes. Sears Home Services is operating as usual.
Will Sears Auto Center remain open? Will the warranties on my car repair be honored?
Yes, Sears Auto Centers remain open. ... We are currently honoring our warranties, protection agreements and guarantees as normal."
Vendor FAQ highlights:
"We have received commitments for $300 million in new debtor-in-possession (DIP) financing and are negotiating a $300 million subordinated DIP financing. Subject to court approval, this financing is expected to support our operations – and meet our obligations to vendors – during this process."
"We intend to pay vendors in the ordinary course for all goods and services provided on or after the filing date. Invoices for these goods and services should be submitted through the ordinary channels, and payments will be processed in accordance with the terms of our purchase order or contract. The Court will establish a process for all amounts owed for goods delivered and services rendered prior to the filing date. Creditors will be provided notice and an opportunity to file claims."
[I think this means that by holding off on actually shipping ('providing') recent orders until today or later, some vendors were ensuring they get paid right away for those orders instead of having to try to get that money in court from the bankruptcy proceedings.] [Update a week later: Many of the vendors seem to still be avoiding Sears, in spite of the guarantee they'll get paid for post-bankruptcy purchases, because they're holding out on principle till they get paid for all their pre-bankruptcy purchases.]
"Are vendors allowed to reclaim goods already delivered to the company?
No. Taking back goods from a company that has filed for Chapter 11 is prohibited by the Bankruptcy Code, unless specifically authorized by the Court."
"A number of our vendors are owed money for goods delivered prior to the bankruptcy filing. Certain of these vendors are essential to our ongoing operations and our ability to deliver the products and services our customers and members desire – and also our ability to generate revenue to pay all of our other post-petition vendors. These vendors are virtually irreplaceable and losing them would immediately put our relationships with our customers and members in serious jeopardy. We have therefore determined that payment of some portion of the pre-petition claims of this narrowly-tailored group of lenders may be necessary because failure to do so would very likely disrupt our ability to generate revenue or serve our customers and members going forward."
[This means they are prioritizing paying the most important vendors first for products delivered before the bankruptcy filing. Probably the appliance manufacturers and the big tool companies.]
Update:
Here is the list of 142 stores beginning liquidation within a week or so.
And
here are the 211 stores 'under review' to possibly begin liquidation in late Nov.
And
here are the 333 stores that will be the last stores standing.
Update Nov 8:
40+1 stores closing, 4 of which were on the last-stores-standing list.