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Q3 2026 and restating Q1, Q2 and 2025

Four filings in one morning — this is the final housekeeping.

Filing the restated 10-K and all three 2026 quarterly 10-Qs simultaneously on a Friday morning is not routine. Companies don't do this unless they are clearing every outstanding SEC obligation at once before a major event. The restatement work has been done, the auditors have signed off, and they needed all of it filed and clean before the next step. That next step is the Chapter 11 petition.

The going concern disclosure

The restated 10-K now contains the formal language: "substantial doubt about our ability to continue as a going concern." This is not buried language — it's a required disclosure that accountants and auditors insist on when a company cannot demonstrate it will survive the next twelve months under its current structure. It was absent from the original filings, and the restatement added it. That addition alone tells you everything about where the company stands.

The numbers tell the story

Revenue is declining — $2.0 billion in Q3 2026 versus $2.1 billion a year ago, roughly 5% down. Full year 2025 revenue was $8.59 billion versus $8.95 billion in 2024. The business is shrinking steadily.

The company took a $5.9 billion impairment charge on cable franchise rights through the first nine months of 2026. This is non-cash, but it's the company formally telling the SEC and investors that its cable franchises — the licenses to operate in its service territories — are worth billions less than previously carried on the books. That's a profound admission about the long-term value of the core asset.

The net loss for the first nine months of 2026 is $5.34 billion. For context, the full year 2025 loss was $1.44 billion. The losses are accelerating dramatically.

The debt reclassification is the most important technical signal

At December 31, 2025, essentially zero of Optimum's debt was classified as current (due within 12 months). As of September 30, 2026, $6.37 billion is now classified as current. Under accounting rules, debt gets reclassified to current when management concludes it will come due within a year — either because of actual maturity dates or because covenant violations or restructuring events are expected to accelerate it.

This reclassification is the accountants formally acknowledging in the balance sheet that $6.37 billion is coming due imminently. Total debt is $26.8 billion. Cash on hand is $1.1 billion. The math is not resolvable outside of restructuring.

Total stockholders' deficiency is now negative $7.37 billion — meaning liabilities exceed assets by $7.37 billion. The company is deeply balance-sheet insolvent.

Customer losses confirm the operational pressure

Total customer relationships were 4.33 million at end of 2025, down from 4.55 million in 2024 and 4.74 million in 2023. The company has lost roughly 410,000 customers in two years — about 9% of its base — and the trajectory is not improving. This is the operational backdrop against which the debt restructuring is happening.

Why file everything today?

Chapter 11 debtors are required to be current on all SEC filings. If Optimum filed its petition while four filings were outstanding, it would create complications. By getting everything current this morning — the 10-K restatement, Q1, Q2, and Q3 — they have satisfied that requirement. The legal team at Ropes & Gray almost certainly had a checklist, and "complete all outstanding SEC filings" was on it.

What comes next

The 10-Q filing obligation is now satisfied. The restatement is complete. The going concern language is in the public record. The Special Committee has been formed. The creditor litigation is ongoing and will be resolved through the RSA. The Wall Street Journal reported last week that a deal is near.

Every prerequisite for a Chapter 11 filing is now checked. The question is no longer whether — it's which weekend. This weekend remains the highest-probability window.


No Q3 Results Investors Call

https://finance.yahoo.com/markets/stocks/articles/optimum-report-q3-2026-financial-130000796.html

No earnings call = maximum legal protection in the final stretch.

The legal reality

Every word said on an earnings call is a potential securities liability. Executives answer analyst questions in real time, and in bankruptcy proceedings those statements get scrutinized. If an executive says something optimistic about the business outlook two weeks before a Chapter 11 filing, that's the kind of thing that generates litigation later. Cancelling the call eliminates that risk entirely.

What it signals about timing

Companies cancel earnings calls for restructuring reasons when the filing is imminent — not months away, not "we're exploring options." If the filing were still 60-90 days out, they'd hold the call, give careful prepared remarks, and dodge analyst questions with "we can't comment on the restructuring process." The fact that they won't even do that tells you the window between the 10-Q filing and the Chapter 11 petition is very short.

What they're doing instead

Filing the 10-Q on Friday satisfies their SEC regulatory obligation. That's the minimum they're legally required to do as a public company, and that's exactly what they're doing — the minimum. No webcast, no prepared remarks, no analyst Q&A, no replay. Just the document.

The industry read

When a company under restructuring pressure skips the earnings call, every creditor, analyst, and restructuring professional reads it the same way: the RSA is either signed or days from being signed, and the petition follows shortly after. This is a well-worn playbook. It's not ambiguous.

Bottom line

The 10-Q filing on Friday is the last required public communication before the Chapter 11 petition. No earnings call means no public commitments, no recorded statements, no analyst questions on the record. The company is in legal lockdown mode. Everything after Friday points toward the courthouse.


Poor Lexmark

So Xerox buys Lexmark then they get rolled into a Ch 11.
Thanks you mo--n managers at Xerox, alone they might have had a chance.
Why, why do we keep these people in charge, can't Blackrock and a the big holders get rid of them somehow.
What a useless group, how can they even show their faces at this company.


A 2% Chance?

GG here:

So, Xerox will drag along into 2027 and maybe 2028, but what if they don't?

What if this is the last 60 days of ore-petition solvency?

It's a long shot, and not at all likely, but it IS possible, and it would most likely be the IPCO JV that does XRX in.

Here's where we are today:
Preferred and common stock dividends are gone
Cash Flow is dangerously low
LP admits on a earnings call, that a vendor, or vendors, have curtailed credit to XRX
The company's IP is locked up in a 5 year deal with onerous covenants

Starting with the last one, first. XRX's IP is tied up with this deal and can be yanked awain on default. All the other debt currently carried is just debt. This TPG Debt is an actual bo-b that could go off and take down the company. When I can IP, I mean basis things like patents, but that also is the the brand name and logo. Obviously Xerox can't do business without a logo, or the patents underpinning the units being sold.

It is the ultimate greenmail instrument. If things go south, TPG will be the first lender to get paid, even if the other dept holders have to pay them out of their end, to keep using the brand name.

Also keep in mind that LPs current Golden Parachute expires on 12/31 with the "change of ownership" clause. If the end of Xerox is inevitable, why wouldn't LP steer it into the ditch now and get the payout. Also, the sooner CH11 is filed, the better chance they have of pulling out and avoiding the CH7 down the road.


Texas Industrial Medical Files Chapter 11

Texas Industrial Medical, LLC has voluntarily filed for Chapter 11 bankruptcy protection. The company serves businesses and their employees, providing industrial medical services. This filing allows the firm to reorganize its debts while continuing operations. The petition was submitted on October 27th and classifies the company as a small business debtor. Texas Industrial Medical, LLC listed over 100 creditors in its filing.

Houston, Texas

https://whatnow.com/news/trending/a-healthcare-business-has-been-serving-industrial-workers-for-35-years-files-for-chapter-11/


Hello Bello Cuts Workforce

Hello Bello has announced significant layoffs affecting nearly 70 employees. The company filed a WARN notice with the Texas Workforce Commission on September 28th. These job reductions are scheduled to take effect in late November. This action follows the company's Chapter 11 bankruptcy filing in October 2023. Hildred Capital Management now owns the company.

Waco, Texas

https://www.kcentv.com/article/money/business/hello-bello-lays-off-70-employees/500-0550266e-36b5-4007-b0d0-caf18a665dae


LIV Golf Files for Bankruptcy Protection

LIV Golf has officially filed for Chapter 11 bankruptcy. The league announced a restructuring support agreement to transition to a player-majority ownership model. This move follows the withdrawal of funding from Saudi Arabia's Public Investment Fund. The company is seeking investor BC Partners for its future. Many employees have already lost their jobs as part of this restructuring.

New York, NY

https://www.aol.com/articles/liv-golf-declaring-bankruptcy-weeks-205400000.html


Boost Mobile Transfer Under Scrutiny in New Dish DBS/Dish Wireless Bankruptcy Motion

In a new emergency filing submitted on September 6, 2026 (Docket No. 1361) in the DISH Wireless bankruptcy, the Official Committee of Unsecured Creditors alleges that EchoStar insiders created a $19.9 billion “intercompany loan” and used it to justify transferring Boost Mobile out of the DISH Wireless estate, a move the filing describes as benefiting non‑debtor affiliates at the expense of Wireless creditors.

The motion to appoint an independent trustee or strip case exclusivity represents the highest-stakes maneuver yet to wrest control from EchoStar insiders. The Committee is asking the judge to appoint an independent Chapter 11 trustee or terminate DISH Wireless’s exclusive control of the case, citing conflicts of interest, undisclosed FCC actions, and looming administrative insolvency. Based on the filing’s evidence, the motion is asking for either trustee appointment or loss of exclusivity, both of which could trigger an investigation into the Boost transfer and shift control away from EchoStar. If the judge grants either of the UCC's demands, EchoStar will lose control over the restructuring timeline.
Sources:
– Emergency Motion of the Official Committee of Unsecured Creditors (Docket No. 1361, filed 9/6/26)
– Committee Response to Debtors’ Statement (Docket No. 1362, filed 9/6/26)


What Type???

Now that it looks like from managements maneuvering that bankruptcy is certain to happen very soon, what are the odds it could go directly to Ch 7 instead of Ch 11.
There was an analyst stating it could line up that way because of the abnormal amount of debt they are dealing with.
This would mean all stockholders would have zero value.


Catastrophic post CP11/covid turnaround

Stock value down 90% post CP11 / covid. Estero down to useless HQ shell. Now we’re supposed to believe Oro and other useless ventures will path us to glory. Going back to basics got us nowhere. More rounds of layoffs this week. Anyone left with half a brain employed at Hertz needs to get the he-l out asap.


YesCare Headquarters Shutting Down, 150 Jobs Cut

YesCare will permanently close its headquarters in Brentwood, Tennessee. This action will result in the layoff of 150 employees. The correctional facility care provider filed for Chapter 11 bankruptcy on May 8. This bankruptcy followed a default on a $50 million settlement. YesCare previously faced a $307.5 million jury verdict and a canceled $1 billion contract.

Brentwood, Tennessee

https://bhbusiness.com/2026/06/22/correctional-behavioral-health-provider-yescare-to-shutter-cut-150-jobs-after-bankruptcy/


Sangamo Therapeutics Cuts 52 Jobs After Bankruptcy Filing

Sangamo Therapeutics announced 52 job eliminations. The company entered Chapter 11 bankruptcy protection. These layoffs are a direct result of the bankruptcy filing. A total of 52 positions were affected by this decision. The company is undergoing financial restructuring.

San Francisco, CA

https://www.bizjournals.com/sanfrancisco/news/2026/06/24/bankruptcy-layoffs-sangamo-therapeutics.html


First Brands Postpones Ohio Job Cuts

First Brands Group LLC delayed job cuts at its Cleveland corporate office. Sixty-seven corporate employees will stay until May 31. Three hundred forty-five Tiffin facility employees also face delayed job cuts. The automotive parts company is in Chapter 11 bankruptcy. The company is negotiating to sell parts of its U.S. business.

Cleveland, Ohio

https://www.cleveland.com/metro/2026/05/first-brands-adjusts-layoff-plan-at-cleveland-corporate-office.html


Saks Global Cuts Corporate Staff

Saks Global is reducing its corporate headquarters workforce. The company is cutting 16 percent of these positions. This action impacts approximately 640 workers. These layoffs reflect an optimized operational footprint. Saks Global filed for Chapter 11 bankruptcy earlier this year.

New York, New York

https://wwd.com/business-news/retail/saks-global-sets-more-layoffs-at-corporate-office-1238935066/


QVC Group Seeks Chapter 11 Protection

QVC Group Inc. entered Chapter 11 bankruptcy. This includes a debt restructuring agreement. The company aims to substantially reduce its debt. Its debt balance was approximately $6.60 billion. The plan expects to reduce this to $1.3 billion.

West Chester, Pennsylvania

https://nationaljeweler.com/articles/14888-qvc-group-files-for-chapter-11-bankruptcy


Del Monte Shuts Modesto Plant, 765 Workers Displaced

Del Monte Food Corporation filed for Chapter 11 bankruptcy in 2025. The company aimed to sell its assets and improve its financial standing. Most of its operations found buyers, but a food processing plant in Modesto, California, did not. This facility permanently closed its doors on April 7. The closure resulted in the layoff of 765 employees.

Modesto, California

https://www.msn.com/en-us/money/companies/140-year-old-del-monte-lays-off-765-amid-bankruptcy/ar-AA20B5Wq?ocid=finance-verthp-feeds


North Star Health Alliance Cuts Dozens of Jobs Amid Bankruptcy

North Star Health Alliance announced workforce adjustments across its organization. A few dozen positions are believed to be affected by these changes. The company stated these actions are part of additional operational restructuring. North Star Health Alliance is currently operating under Chapter 11 bankruptcy. These steps are considered necessary to strengthen the organization for the future.

Watertown, New York

https://www.wwnytv.com/2026/03/20/north-star-announces-workforce-adjustments-few-dozen-positions-possibly-affected/


Saks Global Cuts 1,226 Jobs, Closes Stores Post-Bankruptcy

Luxury retailer Saks Global filed for Chapter 11 bankruptcy in January. The company is now closing 12 Saks Fifth Avenue stores. This action will result in over 1,200 permanent job cuts. Worker Adjustment and Retraining Notification filings confirmed the layoffs in March. Employee separations are scheduled to take place throughout May.

https://www.thestreet.com/retail/luxury-retail-giant-saks-global-cuts-over-1200-jobs-after-bankruptcy-filing


Chapter 11

Reminder Chapter 11 is not an automatic liquidation of the business. It's not the end of the world, is it a bad situation to be in YES but it's not shut everything down and everyone just goes home.

Will the company that come out of Chapter 11 be different than the one that goes in for sure, will it be what is needed to shed some leadership along with processes, procedures and products that we need to drop to survive hopefully the answer is yes.

Many of us will find new jobs and careers at different employers but at the end of the day Xerox as a brand and company (under a new structure after Chapter 11) will remain.

Many leaders, accountants and lawyers will make some good money off the entire filing of Chapter 11 and the company will come out the other side much leaner. There will be questions on if different services / part of the company is sold off and etc. of course.

At the end of the day.. everyone still at Xerox at this point needs to make sure that there resume, education and skills and/or retirement plans are mapped out. If your still young in the workforce make sure your doing things to make yourself employable by the industry your in not the employer you report to today.
"Chapter 11 of the U.S. Bankruptcy Code enables corporations, partnerships, and individuals to reorganize their financial affairs while continuing operations. It provides a structured process to pay creditors over time, often allowing businesses to avoid total liquidation. Key benefits include the "automatic stay" on debt collection and, in many cases, allowing the debtor to remain in control as a "debtor in possession""


IP JV - A great way to protect IP and prepare for Chapter 11

The more I think about the JV and the future I'm starting to see this as a excellent legal way to protect the IP in filing Chapter 11. We don't fully own it we are licensing it; claims of debt holders may not be able to make claims against it.

A thought is if the JV owns the IP and Xerox goes under and resurfaces form bankruptcy as technically and legally another company then the IP could be re licensed to the new company.

There could be a silver lining in this JV setup in a bankruptcy; the stock holders get sc--wed, outstanding debt gets taken care off, any pension plans get wiped off the books and the new emerged Xerox goes back to licensing the IP and back to business with a smaller and leaner operation.


Ford needs to new business plan to stop the hemorrhage of profit losses or they will end up being short of cash to fund operations

What Ford must do immediately is to do away with offering any kind of implied Warranty on all new Ford vehicles offered for sale and state Ford vehicles will only be sold AS-IS WHERE IS. This bold change in Fords sale tactics will have a immediately positive effect on Fords bottom line. Because it will stop the massive cash burn to cover Ford vehicle recalls, lawsuits and other expenses related to offering vehicle warranties.

Having eliminated offering vehicle Warranty's Ford will no longer have a need for massive staffs for internal groups such as Ford Owner support groups, or groups that put together repair documents and any other groups that are involved with customer care post buyer support. With no need of these internal groups, Ford can most easily cut staff by 20-30%.

Ford needs to start thinking outside the box to determine other ways they can slow the internal cash hemorrhaging. Other wise Ford may fine themselves unable to fund continued day-to-day operations and having to file for Chapter 11 protection.


Avaya 2019-2023 Saga Chapter, In Review

This comment on another post [Post ID: @OP+1kh9rs9x2] is a very good factual summary. I like how the OG poster explained how/why/what/when that led to the Chapter 11 and going Private. Pretty stunned that, despite all the verifiable facts and SEC Filings that some people still believe (see comments) the Chapter 11 was a choice and that Alan Masarek had any other option available to him. Jim Chicago & Kieran McGrath were protected by the Chapter 11 Filing. If not, they would not have escaped criminal charges brought by the SEC (note -- different than civil suits they have escaped). Avaya would have liquidated without the chapter 11 due to the irregularities in the SEC filings.
+++++++++++++++++++++++++++
August 9, 2022 SEC 12b-25
NOTIFICATION OF LATE FILING

"Furthermore, and separately [from the delayed 10-Q SEC Earnings Report Filing] the Audit Committee has also commenced an internal investigation to review matters related to a whistleblower letter that remains ongoing"

https://www.sec.gov/Archives/edgar/data/1418100/000141810022000083/formnt10-q3q22.htm

Apollo and it's army of organizations that conspire to take over companies "stepped in" by creating an entrapment to force Alan Masarek's hand into allowing the Chapter 11 so they could steal equity and take Avaya private.

TIMELINE REMINDER

  1. The Subscription game-- which was a risky short-term strategy to falsely inflate the Market Valuation of Avaya so the greedy BoD and C-Suite could sell Avaya for north of $5b -- caught up to them and they had nowhere to hide in March 2022. Now IF they could book an enormous deal they could have extended the charade for another few quarters. That deal was to be Wells Fargo, if memory serves. So they delayed earnings in hopes to find an accounting workaround to explain away the unexplainable math that was the earnings reality. NOTE -- They spent since late 2019 fudging the numbers based on an algorithm of subscription-economy math that assumed a set value for each base client multiplied by market potential for signing the base clients to a subscription plan. THESE WERE NOT REAL #'s!!! For many quarters they could escape scrutiny b/c maintenance contracts were still collecting money. But when the first round of the 3 yr subscription deals were up, they were left with evaporated maintenance deals and accelerated client departures. It was one large empty hole.
    In May 2022, the situation hit severe crisis status. There was no explaining away the #s. They needed more than just one enormous deal. The Slippery Slope Subscription game was now a runaway train. The BoD knew they needed something extreme to buy time to avoid being exposed for the 3.5 yr con-game of pretending that the marketing soundbytes of the "subscription economy" translated into real revenue. They initiated the age-old strategy of the CEO-Shuffle and began an aggressive search to name a new CEO before they had to face yet another SEC filing delay. They begin talks with Masarek in May. Hire him in June. Announce him in July. Masarek is up for the challenge and confident he can stabilize Avaya by December .....HOWEVER

  2. Apollo Global deploys a leveraged lending takeover plan. It was an unofficial hostile takeover. They are able to secure some of the leveraged lending related to Avaya loans, yet not enough to execute a hostile takeover. So they instead devise a plan to make things so uncomfortable for Avaya leadership that they will just give in. They deploy their go-to auditing firms and dirty PR spin-doctors to both a) find dirt on Avaya to use as leverage; and b) entrap Avaya via auditing. This included names like Alix Partners.

  3. August 2022 -- Internal Audit discloses that Avaya lacked Internal Controls due to a broken process of formally investigating Ethics and Corporate Compliance reports. One example was a "Whistleblower" which filed a formal complaint months (maybe even a year) prior questioning accounting documentation of subscription deals and the risk to the overall business. At the time of the report, it was Shefali Shah's responsibility to ensure the complaint was properly and formally investigated. Instead, it was never even pursued. The independent auditing firm identified the breach of protocol that must be followed by any publicly traded company. Therefore, they were obligated by law to report the breach of protocol to the SEC in their next "we still can't file earnings" extension filing. This is called an "ICFR Weakness
    November 28, 2022 SEC FORM 8-K Avaya Admits to Lack of Internal Controls based on result of investigation. This essentially states that they violated SEC Rules by not pursuing the whistleblower complaint, however stops short that the complaint itself qualified as a whistleblower concern. "The deficiencies in internal control over financial reporting (ICFR) represented “material weaknesses,” the cloud technology company said in a filing with the Securities and Exchange Commission (SEC)
    Avaya discloses ICFR weaknesses linked to whistleblower logs Compliance Week

https://www.complianceweek.com/accounting-and-auditing/avaya-discloses-icfr-weaknesses-linked-to-whistleblower-logs/32407.article

  1. DECEMBER 2022 Apollo now believes they have Avaya cornered to give in to a Chapter 11 so they could go private and Apollo can deploy their tried and true law firms to manage the filing in their favor. Yet Alan Masarek was not giving in. So Apollo spent December 2022 maneuvering to force AMs hands. The end result of paying AM $10m ($6 m retention bonus so he would stay despite looming bankruptcy & $4m of his original sign-on bonus that he was required to use to buy Avaya shares. They waived that requirement and he was allowed to keep the money as cash. They also awarded Shefali Shah $1.2m as they needed her to help them go after Jim Chirico if that was necessary.

Avaya CEO To Get $6 Million Cash Award As Potential Bankruptcy Looms https://www.channelfutures.com/regulation-compliance/avaya-ceo-to-get-6-million-cash-award-stock-falls-below-nyse-minimum

SO @ab IS SPOT IN. THE WHISTLEBLOWER WAS REAL. IT WAS THE Everything. without that Whistleblower report Internal Controls Snafu, Apollo wouldn't have had the chance to deploy their gremlins to force AM into a takeover (also known as conspired Chapter 11).


Kentucky Owl Bankruptcy Gets Trustees; Major Bourbon Firms Cut Staff

A Texas judge ordered Chapter 11 trustees for Kentucky Owl and Stoli bankruptcies. Lender Fifth Third Bank successfully argued for an orderly sale of 35,000 bourbon barrels. This approach aims to maximize recovery for creditors over immediate liquidation. The wider bourbon industry faces a downturn, impacting several companies. Major brands like Brown-Forman and Diageo have announced layoffs due to declining sales.

https://www.kentucky.com/lexgoeat/bourbon/article314595107.html


A Georgia-based carrier with 128 drivers is seeking Chapter 11 protection.

Robert Bearden Inc. filed for Chapter 11 bankruptcy protection. The trucking carrier submitted its voluntary petition on January 26. Court records show the company listed between 1 and 49 creditors. Assets and liabilities were estimated between $0 and $50,000. Drivers were reportedly instructed to return company trucks.

https://www.freightwaves.com/news/georgia-based-carrier-with-128-drivers-files-for-chapter-11-bankruptcy


First Brands Group Shutters Two Texas Cardone Facilities

Cardone Industries is closing two facilities located in Texas. This action affects 129 employees in Harlingen and Arlington. The closures stem from parent company First Brands Group's financial and legal issues. First Brands Group filed for Chapter 11 bankruptcy in September.

https://www.expressnews.com/business/article/first-brands-cardone-texas-closure-layoffs-fraud-21329238.php


Eddie Bauer Faces Bankruptcy After Layoffs

Eddie Bauer faces expected bankruptcy. Recent layoffs preceded this. The layoffs happened at the company's headquarters. Bankruptcy is now anticipated. These two events are linked.

https://www.bizjournals.com/twincities/news/2026/02/03/eddie-bauer-prepares-chapter-11-filing.html


Francesca's Files Bankruptcy, Closing All Stores

Francesca's, a women's fashion retailer, will close all its stores. The company filed for Chapter 11 Bankruptcy. It plans to liquidate all inventory. Going-out-of-business sales are currently underway. This decision follows a lender default notice and lost investor funding.

ttps://www.shreveporttimes.com/story/news/2026/01/29/is-francescas-closing-stores-in-louisiana-retailer-filed-for-bankruptcy-going-out-of-business-sales/88412473007/


Richard Baker is retail poison!

source: https://therobinreport.com/saks-global-another-trainwreck/

01.07.26: The Robin Report: Saks Global: Another Trainwreck by Mark Cohen

Saks Global is Richard Baker’s next and maybe his final retail failure. Lord & Taylor, The Hudson Bay Company in all its various iterations in Canada and Europe, and now the monstrosity he recently created by putting Saks Fifth Avenue, Saks Off Fifth, Neiman Marcus and Bergdorf Goodman together, teeters on bankruptcy. This recent disaster is the result of the company’s failure to make a required $100 million interest payment to lenders at year’s end.

Baker, as a real estate manipulator, gets high marks. As a retail leader and retail strategist, however, he has been an abject failure.

Baker Shadow Play

Baker suddenly appeared on the retail scene in 2006 when his real estate company, NRDC, bought Lord & Taylor from the newly branded Federated/Macy’s Corporation, which inherited L&T when it acquired May Company stores. Then, in 2008, Baker acquired control of The Hudson Bay Company following the untimely death of its majority shareholder. Three years later, in 2011, Baker’s HBC sold its Zeller’s stores in Canada to Target Corporation for $1.8 billion. Kudos to Baker, as most of the Zeller’s store locations were arguably worthless as hapless Target would soon find out.

When I was Director of Retail Studies at the Columbia Business School, I attended a student-led Retail and Luxury Goods Conference in 2012, keynoted by Baker. He gave a rambling off the cuff 40-minute presentation in which he regaled the 250 students and guests in the audience about how great it was to be rich; how he did little work at Wharton having surrounded himself with “good looking babes” eager to do his work; and how he had just “stolen” Lord & Taylor from Federated for $1.2 billion. Narcissism aside, he was likely correct in his view that Federated could not wait to unload L&T as an outlying May Company property. He went on to talk about how easy it was to master the art of merchandising based on his exposure to L&T’s business. Completely put off by this performance, I was unfortunately seated in a location that precluded me from leaving early.

Next in 2013, Baker acquired Saks Fifth Avenue and Saks Off Fifth stores in what might be described as another triumph of price over value. Saks’ management had failed to fully recognize the leverage it could have used on its own behalf based on its Fifth Avenue store’s real estate valuation. Baker, as a real estate manipulator, gets high marks. As a retail leader and retail strategist, however, he has been an abject failure. His stewardship of Lord & Taylor was pathetic.

In an effort to cut expenses, he attempted to rationalize back-of-the-house activities between Canada-based Bay stores and American-based L&T stores, which may have made sense to some clueless consultant but never worked in retail reality. He then came up with a scheme to downsize the L&T Fifth Avenue flagship and sold the building to that other paragon of business strategy, WeWork, eventually ki-ling the L&T brand.

Baker and The Bay

The disruption and ultimate liquidation of The Bay’s principal competitor in apparel, accessories and soft home, Sears Canada, should have resulted in a once-in-a-lifetime opportunity, but The Bay failed to capitalize on it.

Moving Saks Fifth Avenue stores into The Bay stores spaces in Canada and introducing Saks Off Fifth in Canada was another failed initiative. In fact, moving Saks Fifth Avenue into a cavernous “low-brow” Bay location on Queen Street adjacent to the Eaton Center in Toronto was an incredible misstep in and of itself. The physical space was available, but the luxury customer certainly wasn’t there.

Opening over a dozen Bay department stores in the Netherlands in 2017 was another bone-headed move. Baker did a complex deal with Germany-based Galeria Karstadt Kaufhof, securing retail space in the Netherlands, but again the customer just wasn’t there. Allegedly, Baker believed that since the Canadian Army liberated the Netherlands from the Na-is at the end of WWII, the Dutch would welcome a Canadian company with open arms. It didn’t happen. The Dutch Bay stores were all closed by 2019. The customers who might have remembered being liberated in 1945 were either dead or too old to patronize a Canadian-owned department store. Baker claimed he made money on this ridiculous foray, and he may very well have, but the Dutch paid a terrible price for this catastrophe.

Baker Business Model

In 2024, Baker set his sights on acquiring Sak’s principal competitor, Neiman Marcus/Bergdorf Goodman. The timing wasn’t great. There was the disappearance of luxury competitor Barney’s, and the Saks business at best treaded water. Also, Neiman Marcus/Bergdorf Goodman was struggling to put a challenging Chapter 11 Bankruptcy proceeding behind it.

There was also the monetization of hbc.com and saks.com, which raised a considerable amount of money from a group of hapless investors. These investors did not realize how completely counterproductive this strategy would prove to be.

Along the way, Richard Baker has presided over a never-ending list of lead executives, many of whom barely lasted two years with the company. There was Tina Johnson, Jeff Sherman, Bonnie Brooks, Jerry Storch, and Helena Foulkes, among others. And then there was Marc Metrick, whose 30-year tenure with Saks has just come to an abrupt end. But maybe it was 30 years too long. Metrick was a planning executive at Saks who, in recent years, masqueraded as its lead merchant.

Debt Economics

The history of two weak and/or weakened retail companies merging and finding success is simply this: There is no history. Add to that the non-starter of two companies that essentially do business with the same customer and in many cases in the same geographic locations. But these hurdles didn’t stop Baker from consummating a debt-laden merger of two icons. And incomprehensibly, for well over a year, the company failed to pay many of Saks’ vendors either on time or in many cases at all. So, now both companies have just completed a poor 2025 in sales. And having been cut off from receiving fresh inventory by a cynical factor community, Saks Global just failed to make that $100 million year-end interest payment.

Baker in Bankruptcy

Maybe Baker will come up with a bundle of new cash. If business remains as poor as it has been, any new cash infusion would only be a stopgap measure. Alternatively, the company might come up with a prepackaged restructuring agreement with its creditors. Or it will surrender to a voluntary or involuntary bankruptcy proceeding.

I’m not a bankruptcy attorney, but having lived through Federated department store’s successful restructure, and an up close and personal experience with Bradlees stores eventual failed emergence from bankruptcy, I think the bell may soon toll for Saks Global.

If it files for Chapter 11 financial relief, creditors organize and line up based upon their preexisting credit agreements (or lack thereof). Secured creditors, typically the company’s lenders, rely on collateral rights while unsecured creditors, typically vendors and service providers, hope for some eventual relief through the bankruptcy process. All payables from the company, whether current or past due, are frozen.

In a bankruptcy, legal and financial restructuring professionals line up for a typically substantial fee opportunity. A new lender or a consortium of lenders emerges to provide Debtor in Possession funding to enable the company to stay upright while in bankruptcy. All vendors are asked to resume shipping based on the newly created surety of DIP financing.

But, lacking confidence that past due receivables will eventually be paid, many vendors resort to selling their company receivables to distressed debt (or vulture) investors for substantial discounted values. This, in my opinion, is a terrible flaw in the bankruptcy process in that unsecured vendors, who you would expect to have a stake in the company’s eventual successful emergence from bankruptcy, have now traded places with investors seeking a fast financial return.

Saks Global at Risk

If Sak’s Global were operating as a stable platform with a successful sales and margin track record, with capable senior leadership, a reliable operating strategy, and good relationships with its vendors and customers, there would be ample reason for the company to navigate through bankruptcy and emerge with new debt and a newly restructured balance sheet. But none of this appears to be the case. As 2026 unfolds to what will undoubtedly be a challenging year for all retailers, the prospects for Saks Global are truly grim. My sense is that many vendors long ago stopped shipping or have curtailed their support for Saks, Neiman Marcus and maybe even Bergdorf Goodman, and they are unlikely to get back on board after having been egregiously abused these past few years.

Many will find another retailer to serve their customers if they haven’t already done so or continue to build a direct-to-consumer model of their own. Why wouldn’t they? Who needs the sturm und drang of a failing retail partner who doesn’t pay its bills? If that happens, Saks Global is toast.