‘They Played Us’: Forever 21 Vendors Scorn Retailer’s Bankruptcy

When Forever 21’s US operator asked for a discount of as much as 50% on a shipment from Kyuseung Ahn’s Seoul-based activewear supplier Leukon Inc., Ahn agreed to the American fast-fashion chain’s demands. For Ahn, it was business as usual: the goods were delivered and the two were exchanging emails on March 14. 

Two days later, the Forever 21 operator filed for bankruptcy in the US.

Ahn is among a number of vendors that are now alleging Forever 21’s US operator asked for discounts on orders and took delivery of shipments shortly before filing for bankruptcy, without disclosing their plan to reorganize. A group of unsecured creditors, all of whom have $433 million of claims against the operator, have alleged in court filings that these suppliers should have been entitled to full payment under US bankruptcy code.

General creditors “are set up to get absolutely smoked by this bankruptcy” and the unsecured creditor committee is “going to do everything in its power” to test and improve the result, Justin Alberto, an attorney for the committee, said during a court hearing this month.

However, the Forever 21 operator’s $1.6 billion in funded debt is making it unlikely vendors will see anything, the group of creditors has said.

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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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