New Delaware Chapter 11 – Southeastern Grocers, LLC

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Southeastern Grocers, LLC, along with twenty-six (26) of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10700).  Southeastern, headquartered in Jacksonville, FL, is one of the largest supermarket operators in the United States, and operates under the Winn/Dixie, BI-LO, Harveys and Fresco y Mas trademarks.   Southeastern previously announced on March 15, 2018, that it had entered into a restructuring support agreements with an ad hoc group representing 80% of Southeastern’s unsecured noteholders.  Southeastern enters Chapter 11 having solicited votes pre-petition on its prepackaged plan of reorganization and seek to have a confirmation hearing held on May 10, 2018.  According to the First Day Declaration, more than 68% of Southeastern’s unsecured noteholders and 99% of its existing equity holders have voted in favor of the Plan.  The disclosure statement can be found here.   Prime Clerk LLC is the proposed claims and noticing agent.  The cases have been assigned to the Honorable Mary F. Walrath.

Contact Norman L. Pernick for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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