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Updates with clarification on attribution in para 1 and statement from Rouhana's attorney in para 4
By Dietrich Knauth
July 2 (Reuters) - Chicken Soup for the Soul Entertainment's former chief executive declined to testify about his company's failure to pay employees before filing for bankruptcy, and the company's attorneys said at a Tuesday court hearing that he was concerned about potential criminal liability.
The company, which owns DVD rental service Redbox and online streaming services including Crackle, filed for bankruptcy in Delaware on Friday after losing $636 million in 2023.
The company's lenders, led by private investment firm HPS Investment Partners, accused ex-CEO William Rouhana of improperly firing the company's board, failing to make payroll for the company's 1,000 employees, and causing employees to lose access to their healthcare benefits.
Rouhana's attorney, Morgan Patterson, said Rouhana denied doing anything improper and that he would have testified if called upon. She said that CSSE's attorneys had raised the specter of potential criminal implications in court filing that "was not reviewed or approved by Mr. Rouhana."
The dispute delayed a normally routine request to borrow additional funds and continue normal operations like paying employees during the initial stage of the bankruptcy case.
After a round of last-minute negotiations on Tuesday, HPS agreed to provide an $8 million loan to fund CSSE's immediate payroll needs while negotiations continue over longer-term funding for the company.
HPS, which is owed $500 million, had asked U.S. Bankruptcy Judge Thomas Horan, who is presiding over CSSE's bankruptcy case, to reconstitute the company's board of directors or place a bankruptcy trustee in charge of the company. HPS backed off its immediate demands after CSSE agreed to put a new board in place and hire a new CEO.
Richard Pachulski, an attorney representing ousted CSSE board members, supported the call for a new board of directors, saying that Rouhana should not be allowed to "puppeteer" the company in its bankruptcy.
CSSE's newly appointed CEO, Bart Schwartz, said that he is not a puppet and that Rouhana was no longer calling the shots for the company. To resolve disputes over his appointment, Schwartz agreed to step down as CEO and join the company's new board of directors while a new CEO is hired.
The case is In re: Chicken Soup for the Soul Entertainment, U.S. Bankruptcy Court for the District of Delaware, No. 24-11442.
For Chicken Soup for the Soul Entertainment: Michael Cooley of Reed Smith
For HPS Investment: Dennis Dunne of Milbank
For DGA, SAG-AFTRA and WGA: Susan Kaufman of the Law Office of Susan E. Kaufman
Read more:
Redbox owner Chicken Soup for the Soul crashes into bankruptcy
(Reporting by Dietrich Knauth)
(( Dietrich.Knauth@thomsonreuters.com ;))
Keywords: CHICKEN SOUP-BANKRUPTCY/ (UPDATE 1)
Another once-prominent company may soon be obsolete. Chicken Soup for the Soup Entertainment has officially filed for Chapter 11 bankruptcy protection as of yesterday, July 1. The entertainment company, named for the iconic book, had branched into areas beyond self-help, including owning DVD rental service Redbox. But after an extremely difficult trading year, CSSE stock has bled out almost all its value, falling more than 90%. Now, its race to the bottom is accelerating, as the company’s financial struggles have reached a breaking point, and there seem to be no other options available.
Does the bankruptcy filing mean that CSSE stock will soon cease to exist? Let’s take a closer look at this troubled company and assess what investors should be expecting in the near future.
What’s Happening With CSSE Stock
Granted, at 11 cents per share, CSSE stock doesn’t have much further to fall. But trading has been highly volatile today, with shares mostly trending downward as the market reacts to the bankruptcy protection filing. As of this writing, shares are down 3% for the day, and the stock looks poised to continue trending downward as further negative sentiment sets in.
There’s no denying that things look extremely bleak for this troubled company. According to The Wall Street Journal, Chicken Soup for the Soul Entertainment boasted a debt load of nearly $1 billion and that a group of lenders proved “unwilling to consent to potential refinancings.” When the company acquired Redbox in 2022, its debt burden increased by $360 million. But after the deal closed, things went from bad to worse as CSSE stock began to fall at a time when share prices were already low.
Redbox is a relic of a former era. The company, founded in 2002, gained a national presence at a time when Netflix’s business model centered around shipping DVDs by mail. However, the physical DVD rental market hasn’t aged well, as its owner knows all too well. As the Los Angeles Times reports:
“While Netflix disrupted the film and television business by bringing streaming to the masses, Redbox struggled to pivot, despite various attempts to capture a more digitally savvy audience as the DVD business collapsed. By 2017, the U.S. market for cheap rentals from kiosks had collapsed to $1.27 billion in consumer spending, down by about a third compared with five years earlier, according to data from Digital Entertainment Group.”
Now Chicken Soup of the Soul’s decision to buy the company may be its downfall. Its long list of creditors includes Warner Bros. Home Entertainment and Sony Pictures as well as retail chains such as Walmart , which host Redbox kiosks.
Why It Matters
It isn’t surprising that Chicken Soup for the Soul Entertainment would be on its way out after the type of year it’s had. Despite a meme stock surge in April 2024 that ended as quickly as it began, CSSE stock has seen no real momentum and has only inched toward the bottom.
Now, it seems that its gradual decline has finally picked up speed, as the company is out of options. For a company that built its brand around helping heal groups of people, CSSE hasn’t been able to heal its own business model.
On Penny Stocks and Low-Volume Stocks: With only the rarest exceptions, InvestorPlace does not publish commentary about companies that have a market cap of less than $100 million or trade less than 100,000 shares each day. That’s because these “penny stocks” are frequently the playground for scam artists and market manipulators. If we ever do publish commentary on a low-volume stock that may be affected by our commentary, we demand that InvestorPlace.com’s writers disclose this fact and warn readers of the risks.
On the date of publication, Samuel O’Brient did not have (either directly or indirectly) any positions in the securities mentioned in this article. The opinions expressed in this article are those of the writer, subject to the InvestorPlace.com Publishing Guidelines.
On the date of publication, the responsible editor did not have (either directly or indirectly) any positions in the securities mentioned in this article.
Samuel O’Brient is a Reporter for InvestorPlace, where his work focuses primarily on financial markets, global economic trends, and public policy. O’Brient writes a weekly column on recent political news that investors should be following.
More from InvestorPlace
Pre-market stock movers are worth diving into this morning as we break down all of the biggest news sending shares higher and lower on Tuesday!
Moving stocks this morning are a bankruptcy filing, earnings reports, new deals and more.
Let’s get into that news below!
Biggest Pre-Market Stock Movers: 10 Top Gainers
10 Top Losers
On the date of publication, William White did not have (either directly or indirectly) any positions in the securities mentioned in this article. The opinions expressed in this article are those of the writer, subject to the InvestorPlace.com Publishing Guidelines.
More from InvestorPlace
By Dietrich Knauth
NEW YORK, July 1 (Reuters) - Chicken Soup for the Soul Entertainment, which owns movie rental company Redbox and the streaming service Crackle, has entered bankruptcy on rocky footing, with its lenders moving on Monday to wrest control from the company's chief executive.
The company filed for bankruptcy protection in Wilmington, Delaware late Friday, intending to fund its restructuring with a $20 million bankruptcy loan from private credit firm Owlpoint Capital. But private investment firm HPS Investment Partners, which is owed $500 million, quickly moved to block the new loan and wrest control of the company from CEO William Rouhana.
Chicken Soup for the Soul Entertainment (CSSE) has a diverse line of businesses that includes its namesake series of self-help books, ad-supported streaming services, pet food, and Redbox, known for its bright red self-service DVD rental kiosks at supermarkets and other retail centers. The company estimated that it had $970 million in total debt and $414 million in total assets in its bankruptcy petition.
It initially blamed HPS for its bankruptcy in court filings over the weekend, saying that the lender had prevented Redbox from taking on a new $40 million loan that would have allowed it to buy the rights to new releases for its rental kiosks and streaming platforms. Choked off by the HPS loan that CSSE used to acquire Redbox in 2022, the company was "unable to pay for all the movies that were offered by their providers," a situation that "materially diminished the content available across the debtors' distribution platforms."
HPS quickly fired back in court papers, saying that Rouhana's "gross mismanagement and self-dealing" had driven the company to a $636.6 million net loss in 2023. HPS has little hope of being repaid the $500 million it is owed, and it said that Rouhana's initial bankruptcy court filings were "not only half-baked, but shocking in their lies," according to HPS's court filings.
CSSE did not immediately respond to a request for comment.
HPS said Rouhana has "enriched himself" at the expense of company lenders and employees, who have not been paid for the past 10 days. HPS said Rouhana and entities he controls have been paid over $27 million in management fees from CSSE since 2022.
HPS asked U.S. Bankruptcy Judge Thomas Horan at CSSE's first bankruptcy court hearing on Monday to appoint a Chapter 11 trustee to take over the company's operations, and to re-appoint all CSSE board directors that Rouhana fired before the bankruptcy.
Horan said he was "highly reluctant" to make any immediate rulings, given the depth of the lender dispute.
CSSE's attorney Michael Cooley told Horan that he would speak with HPS and other lenders in an effort to get agreement on initial funding that would be used to pay employees. The company has over 1,000 employees, according to its court filings.
(Reporting by Dietrich Knauth; Editing by Alexia Garamfalvi)
(( Dietrich.Knauth@thomsonreuters.com ;))
Keywords: CHICKEN SOUP-BANKRUPTCY/
Consumer stocks were mixed late Monday afternoon, with the Consumer Staples Select Sector SPDR Fund (XLP) decreasing 0.7% and the Consumer Discretionary Select Sector SPDR Fund (XLY) adding 0.4%.
In corporate news, Li Auto shares jumped 7%. The company delivered 47,774 vehicles in June, a nearly 47% increase from a year earlier.
Chewy shares reversed early morning gains after a regulatory filing showed that meme stock influencer Keith Gill, known as "Roaring Kitty" on social media, has a 6.6% stake in the online pet store. Chewy shares fell 6% in recent trading.
Chicken Soup for the Soul Entertainment filed for Chapter 11 bankruptcy protection in the US Bankruptcy Court for the District of Delaware on Friday, according to a notice on the court's website. Its shares plunged 41%.
Birkenstock is executing its direct-to-consumer expansion strategy better than expected, UBS Securities in a report. UBS upgraded the footwear maker to buy from neutral and raised price target to $85 from $52. Birkenstock shares rose 2%.
Consumer stocks were mixed Monday afternoon, with the Consumer Staples Select Sector SPDR Fund (XLP) shedding 0.4% and the Consumer Discretionary Select Sector SPDR Fund (XLY) rising 0.4%.
In corporate news, Chewy shares reversed early morning gains after a regulatory filing showed that meme stock influencer Keith Gill, known as "Roaring Kitty" on social media, has a 6.6% stake in the online pet store. Chewy shares fell 5% in recent trading.
Chicken Soup for the Soul Entertainment filed for Chapter 11 bankruptcy protection in the US Bankruptcy Court for the District of Delaware on Friday, according to a notice on the court's website. Its shares plunged more than 44%.
Birkenstock is executing its direct-to-consumer expansion strategy better than expected, UBS Securities said Monday in a report. UBS upgraded the footwear maker to buy from neutral and raised its price target to $85 from $52. Birkenstock shares rose 2%.
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