Doughnut, diner, and restaurant chain owner files Chapter 7

A Chapter 7 bankruptcy generally involves liquidation, but it doesn’t necessarily mean the end of the businesses or brands connected to the person or business who filed. Big Lots, for example, filed for Chapter 7 bankruptcy and was liquidated, but some of its stores and the right to use its name were sold to Variety…


Doughnut, diner, and restaurant chain owner files Chapter 7

A Chapter 7 bankruptcy generally involves liquidation, but it doesn’t necessarily mean the end of the businesses or brands connected to the person or business who filed.

Big Lots, for example, filed for Chapter 7 bankruptcy and was liquidated, but some of its stores and the right to use its name were sold to Variety Wholesalers. That transaction gave Variety Wholesalers the right to reopen between a quarter and half of the chain’s roughly 800 stores.

In many cases, however, in a Chapter 7 filing, the brands go away. When it comes to Nick Pihakis, who owns Pihakis Restaurant Group, it’s unclear whether any of his company’s many restaurants, some of which have already closed, will survive.

The case was filed by Pihakis individually, not by Pihakis Restaurant Group or any affiliated LLCs. Huntsville attorney Kevin Heard of Heard Ary & Dauro is representing Pihakis.

Pihakis has deep financial problems

Pihakis has a long list of creditors that has gotten longer since TheStreet last reported on his situation in May.

“Newly filed Chapter 7 bankruptcy records identify about 50 creditors claiming more than $44 million, offering the clearest picture yet of the financial fallout tied to the restaurateur’s business empire,” Birmingham Business Journal reported.

The filing, made Aug. 6 in the U.S. Bankruptcy Court for the Northern District of Alabama, lists approximately $10.6 million in assets against $44.03 million in liabilities. Pihakis estimated funds would be available for distribution to unsecured creditors through the liquidation process.

The document listed 14 individual loans totaling more than $23.5 million, including loans of $9 million and $3.9 million.

“Several of the debts are already the subject of more than a dozen lawsuits in Alabama and South Carolina seeking more than $23.4 million in unpaid bills. The filing also shows that Pihakis faces lawsuits of unlisted amounts in other states as well: two in Monroe County, N.Y., two in Fulton County, Ga., one in Fayette County, Ga., and a lawsuit in Atlanta Municipal Court over business license renewals which has been concluded, according to documents,” AL.com reported.

Pihakis Restaurant Group has closed restaurants

Birmingham-based Pihakis Restaurant Group (PRG), which includes restaurants in Atlanta, faces $13.7 million in lawsuits and liens, TheStreet reported in May. It remains unclear which liabilities are guaranteed by Pihakis himself, and which are solely tied to the company.

The chain, which operates a variety of concepts, including Little Donkey Mexican Restaurant, Rodney Scott’s BBQ, Hero, Magnolia Point, and Psito, has already closed a number of locations.

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