Page 9 - NBIZ Magazine 2022 February
P. 9

Chuck E. Cheese                      “SOME OF THE MOST RECENT DYNAMIC CASES
           Chuck E. Cheese became one of             AND DECISIONS WERE FILED IN THE
        the first COVID-19 victims. On June
        25, 2020, it filed for bankruptcy      BANKRUPTCY COURTS IN HOUSTON, TEXAS
        protection under Chapter 11. It         such as the J.C. Penney Company, Inc., Chuck
        emerged on January 6, 2021.
                                              E. Cheese, CBL & Associates Properties, Inc., the
        Significance                                       Men’s Wearhouse, and Belk.”
           The debtor attempted to obtain
        a rental payment extension past
        60 days using the force majeure
        provisions in the leases and
        other sections of the Bankruptcy
        Code. Judge Isgur found that the
        Bankruptcy Code did not allow the
        Court to extend beyond the 60 days.
        In that case, the Court allowed an
        extension of rental payments to the         EMPLOYER
        landlords under Section 365(d)(3)           BENEFIT SERVICES
        of the Bankruptcy Code but limited
                                    1
        it to an extension of sixty days.  In
        re CEC Entm’t, Inc., 625 B.R. 344,
        352–53 (Bankr. S.D. Tex. 2020).





                                                          PLAN              PAYROLL            BENEFIT
                                                     ADMINISTRATON       MANAGEMENT            PACKAGE
                                                     Assistance and research   Get your employees   MARKETING
                                                      to keep you informed   paid quickly so you   Document
                                                     and in compliance with   can get back to doing   administration of
                                                     state and federal laws.  what your company   401(k) and 403(b)
                                                                             does best.      including employee
                                                                                            enrollment assistance.


        J.C. Penney Company, Inc.
           J.C. Penney filed for bankruptcy
        protection on May 15, 2021. Tens
        of thousands of jobs balanced upon
        the precipice. It emerged from
        bankruptcy triumphant.
                                                                                               BENEFITS
                                                         CLAIMS
                                                                            HUMAN
        Significance                                  MANAGEMENT          RESOURCES        EDUCATION AND
           The debtor obtained a large                  When a claim is   CONSULTING         CONSULTING
        rental extension and saved 60,000             made, we assist in the   Develop policies and   Cra  a competitive

        jobs. In the summer of 2020,                  process, from the first   procedures, address   employee benefits plan
                                                                         recruiting strategies,
                                                                                             to recruit and retain
        J.C. Penney Company, Inc., the               filing of the claim to its   develop job descriptions.  valuable employees.
                                                         resolution.
        debtor, also requested a rental
        payment extension arising within
        sixty days of the petition date.
                                    2
        Effectively, the company was able                                       PUTTING ALL THE HEALTHCARE
        to request an additional sixty days                                          BENEFIT PIECES TOGETHER
        to pay rent. Nevertheless, after                                         OFFICE       ONLINE
        the first extension, the Court did                                       713-647-9700  www.corebenefits.net
        not allow additional extensions on
        rental payment performance.
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