Haggen Voluntarily Files for Chapter 11 Bankruptcy

This photo taken on May 16th, 2015 has Haggen "Opening Soon" in Clairemont at 5950 Balboa Ave, could it now be closing soon? Clairemont Times File Photo by Chris O'Connell
In less than 30 days Haggen Has Announced Store Closings, a $1 Billion Dollar Lawsuit against Albertsons and Now Filing for Chapter 11 Bankruptcy 

9/8/15 Release

Haggen, the West Coast regional grocer, today announced that in order to reorganize around its core profitable stores, it has filed voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code for the U.S. Bankruptcy Court for the District of Delaware in Wilmington. The company has received commitments for up to $215 million in debtor-in-possession (DIP) financing from its existing lenders to maintain operations and the flow of merchandise to its stores during the sale process.

The Company has made customary first-day motions with the Bankruptcy Court intended to support the continuation of its day-to-day operations for customers, employees, vendors and suppliers, and other business partners during the restructuring. As part of that, it is seeking Court approval to continue employee wages and certain benefits and honor certain customer programs. The motions are expected to be addressed by the Court in the coming days.
“After careful consideration of all alternatives, the company concluded that a reorganization through the Chapter 11 process is the best way for Haggen to preserve value for all stakeholders,” said John Clougher, Chief Executive Officer of Haggen. “The action we are taking today will allow us to continue to serve our customers and communities while providing Haggen with a process to re-align our operations to be positioned for the future.”

The Company has engaged Sagent Advisors to market for sale some locations in the five states it operates and to explore market interest for various store locations. Discussions are underway with interested parties to sell many of the company’s remaining assets.

Haggen grew from an 18 store regional grocer to 164 stores through the purchase of Albertson’s locations in December 2014 going from 2,000 employees to over 10,000. The associated conversion process of the stores made Albertsons cooperation and good faith implementation of the terms of the deal in the Asset Purchase Agreement essential.

This did not occur, as set forth in the Company’s recently filed lawsuit against Albertsons, which details a number of Albertsons’ actions, which ultimately led to Haggen’s failure in its efforts to convert newly acquired stores and ultimately resulting in the Chapter 11 filing.

A September 1st press release stated Haggen was suing Albertons for more than $1 Billion Dollars for Damages.

Haggen alleges Albertsons engaged in “coordinated and systematic efforts to eliminate competition and Haggen as a viable competitor in over 130 local grocery markets in five states,” and “made false representations to both Haggen and the FTC about Albertsons’ commitment to a seamless transformation of the stores into viable competitors under the Haggen banner.”

August 14th Haggen Announced a Streamlining of Improved Operations

In the announcement “Haggen today announced that in order to continue to improve its business and strengthen its competitive position, it has decided to close or sell a number of locations in California, Arizona, Nevada, Oregon and Washington.”

“These stores will continue to operate while they begin the process of closing down over the next 60 days.  Additional stores may be sold or closed in the future as part of Haggen’s business right- sizing plan.  26 stores were scheduled to close within the next 60 days in Oregon, Washington, California & Arizona.”

The San Diego stores listed at the time were:

San Marcos – Rancho Santa Fe

El Cajon – Fletcher Pkwy

La Mesa – Lake Murray Blvd
Chula Vista – Telegraph Canyon Rd

Chula Vista – Third Ave

San Ysidro – W. San Ysidro Blvd

What this means for the local Clairemont store on Balboa Ave is yet to be determined.

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