Tweeter Stores to Remain Closed, Warehouse Sale to Come
It appears that Tweeter stores will not reopen for liquidation. Instead, all products will be sold in a warehouse sale.
Tweeter, which was granted Chapter 11 bankruptcy in 2007 and sold to liquidators, abruptly closed all its stores on Dec. 2 because it was unable to access operating funds from its lender. This happened before liquidation was complete.
Tweeter owner Schultze Asset Management, then petitioned the U.S. Bankruptcy Court for the District of Delaware in Wilmington for its status to be converted to Chapter 7 bankruptcy, for lender Wells Fargo to open up access to operating funds and for it to be allowed to reopen stores.
Chapter 7 was granted and George L. Miller was appointed trustee.
According to a Dec. 15 filing by the court, however, the reopening of stores won’t happen. The “expenses expected” and the “logistical difficulties in reopening the retail stores and recalling employees to work at a going out of business sale have been daunting,” it wrote.
The court adds that trustee George Miller is to vacate as many locations as possible by Dec. 31.
This presumably means emptying out all remaining unsold products from stores and all other property from corporate headquarters in Canton, Mass. and collecting all company vehicles — all to be done within 15 days.
The trustee has determined, according to the filing, that it should hand over all assets of the company to liquidator Apto Solutions of Atlanta. Everything — equipment, inventory, fixtures — will be sold in a warehouse sale.
From the court filing:
Schultze [Asset Management, which owned Tweeter leading up the bankruptcy] has agreed to agreed to a carve out from the proceeds of the Warehouse Sale from the Trustee’s compensation, compensation for Trustee’s counsel and distribution to general unsecured creditors of the Debtors.
Apto will collect all the property and conduct the sale at its warehouse over “a period of months,” according to the filing.
It’s unclear whether Apto will conduct a physical warehouse sale, sell the products through its Web site or a combination of both.
It appears that Apto will keep 30 percent of the warehouse sale proceeds and Schultze Asset Management will get 70 percent. From the filing:
Seventy percent of the net sale proceeds from the auction sale [after Apto’s expense deductions] … shall be available after Apto’s commission is deducted. From this 70 percent will be deducted a fee for the Trustee’s compensation and his counsel’s fees. The remaining funds are to be split between Scultze and the Debtor’s bankruptcy estates 87.5% and 12.5% respectively.
Several Tweeter employees told CE Pro they been contacted about their availability for returning to work at the stores. That will not happen.
A small sample of employees tells CE Pro that they have received the “regular pay” that was owed to them. This was apparently freed up after Schultze petitioned the court to free up funds from the lender.
However, those employees tell CE Pro that they have not received accrued bonuses or vacation time payments.
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27 Comments (displayed in order by date/time)
In bankruptcy, whoever provides financing gets a priority for their claims to be paid. Otherwise why would anyone finance these things? The trustee has one job only, maximize the debtors estate for recovery. The bankruptcy financier, apparently Wells Fargo, gets 1st in line because he money helps maximize the asset liquidation. Then the secured lenders get theirs. The Judge decides on all claims. The bankruptcy court has the same mission: maximize the estate. If there was enough money for everyone’s claim, they wouldn’t be bankrupt.
Tom, you happened to catch me while I was online. Please research the actions of George Schultze, the owner of Tweeter, and you’ll discover his sleazy method of disposing of the company to pay off his debt to Wells Fargo while stealing as much money as possible from everyone else to do so. The trustee, George Miller, is a sniveling low level accountant who has given Schultze everything he wants and the judge is a spineless woman who says ok to every request made by the debtor. George Schultze should take out his checkbook and start paying for the mess he created but he’d rather use everyone else’s money. The guy is a total dirtbag in the world of big business and unfortunately he has lots of unethical friends. Want to dispute me? Bring it on.
Tom, I think everyone involved is somewhat aware of how bankruptcies work. The issue i as a customer have, and the issue the employees have is the manner in which it was handled. We know Tweeter has no money, which is why Schultze opted to steal money from customers and from employees. He tried to make himself look noble by offering to refund any deposits to customers, but then filed the bk early so these refunds could not be made. He closed shop without warning to employees and then didnt pay them properly. He took the cash that he had and instead of taking care of the little guy, he paid wells fargo instead. All these calculated decisions screwed over everyone except himself and Wells. He could have made everyone whole, but instead opted to screw over customers and employees. Why the judge allowed this is beyond me. In any case, I am likely out 2,500.00 and everyone involved in this nightmare could give a rats ass about my money. I dont care about maximizing anyones estate..i just want my money back.
What about the people that own extended warranties? My 60” XBR just started showing yellow shading on the right hand side of the screen. Who do I call for service? The TV’s three years old and the warranty is (was) for five years. Do I still have a warranty? With whom?
David D. Contact AON Warranty Group or Servicenet. A warranty from 3 years ago was probably AON. See if there is a record or your warranty purchase. Contact Sony as well and explain your situation. If you need a copy of your warranty purchase through Tweeter, contact the trustee George Miller at .(JavaScript must be enabled to view this email address) and demand a copy of your receipt from Tweeter’s database. I’m sure he’ll be uncooperative and useless though. Good luck.
Miller is one of those guys that hates getting the hundreds of phone calls from angry people everyday at work. I spoke with him pertaining to access of my 401K account which is tied up in this mess too. He was very short with me and had a crap attitude. If Miller doesn’t like listening to angry people maybe he should consider changing employment, but then again why would you when your one of the guys getting paid still….
Neither the trustee nor the BK court is on the side of the affected customers and employees. It appears that trying to get anything out of them is like getting blood from a stone. We see posts on a few websites about the losses of both customers and employees but that is about it. In order for the possibility for action to take place I think that there needs to be a broader exposure. The affected parties need to band together as a group and hound the media and protection agencies demanding action. If the Attorney Generals are not doing their job on this then alert the local media. Unless there is more in the press this will just die out and fade away.
Continue to hammer Mr. Miller with emails and phone calls. His responses have been condescending and juvenile. It’s like corresponding with a 3rd grader. Everytime he is foolish enough to reply with another smartass comment I forward them off to my local news outlets. Pathetic doesn’t even begin to describe this damn fool.
CE Pro is working on a magazine article on the rise and fall of Tweeter. We would like to speak to employees that worked on the store level. Ideal sources are ones that were there for five years or more and were there at the end.
If you are willing to go on the record in CE Pro, please contact me at .(JavaScript must be enabled to view this email address).
thanks
Thanks to CT. investigators, the Hartford Courant reports that Service Net will honor the bogus warranties sold by Tweeter while under the ownership of George J. Schultze. We can all certainly see who are the heroes and who are the cowardly losers (George) of this story.
Oh my, what a soar spot. Have you ever taken a whole store apart with the promise of a bonus at the end. Schultze is a business man and i understand that. He does not know about “karma” though. He will rot in a bad place. You can do the math. What a bad way for a bunch of stores that did good things to go down. It was not our fault that the upper management was out of control. How much did Schultze make while he owned us? Just curious. Like Bon Jovi says “You give electronics a bad name” Wonder why Pioneer tvs are going away. Hope they hire someone to kick his ass. BADLY…



That’s bullshit. The police have no idea what’s going on in the courts, in regards to Tweeter’s liquidation; nor would they care. If someone broke into a business, they would be arrested.
And with the money they’re still owed, no former GSM is going to care if someone breaks into a store.
That previous post wasn’t by the real “motion”.