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Kmart Files For
Chapter 11 Bankruptcy

By Anna Driver
1-22-2

CHICAGO (Reuters) - Kmart Corp. on Tuesday filed for bankruptcy protection, the largest retailer ever to do so, after a dismal holiday sales season and stiff competition from rivals Wal-Mart Stores Inc. and Target Corp. left the company strapped for cash.
 
The second-largest discount retailer, which began as a ''five-and-dime'' store in Michigan in 1897, said it had secured $2 billion in debtor-in-possession financing, which allows the company to operate while reorganizing. Kmart said its 2,114 stores remain open for now, but it will review their future by the end of April. Wall Street analysts have said Kmart needs to close around 300 to 400 underperforming stores.
 
The 105-year-old retailer, which filed for voluntary bankruptcy in Chicago, said it hopes to emerge from reorganization in 2003.
 
Kmart, a prominent casualty of the slump in the U.S. economy and vicious competition in the retail sector, suffered a fall almost as dramatic as that of energy trading giant Enron Corp. . After a Wall Street analyst said on Jan. 2 that Kmart could be forced into bankruptcy, the company's stock fell almost 70 percent in just over two weeks.
 
Shares of Kmart fell to 80 cents in late morning trade on the New York Stock Exchange, down another 54 percent from Friday's close. U.S. markets were closed on Monday for the Martin Luther King holiday.
 
Kmart, the No. 2 discount chain behind Wal-Mart, had been in talks with its lenders to seek additional financing and is expected to report a loss for fiscal 2001.
 
The company said its decision to seek bankruptcy protection was based on several factors, including a rapid decline in its liquidity resulting from lower-than-expected sales and earnings in the fourth quarter, the evaporation of the surety bond market and an erosion of supplier confidence.
 
Surety bonds are insurance policies that pay out when a company fails to meet a financial obligation.
 
WAL-MART POISED TO GAIN SHARE
 
Wall Street analysts said No. 1 retailer Wal-Mart was poised to strengthen its grip by grabbing Kmart market share and could end up with the bulk of Kmart's nearly $40 billion in annual sales.
 
Kmart's fate was sealed on Monday when Fleming Cos. Inc., a major U.S. distributor of grocery products and Kmart's sole grocery supplier, suspended shipments after Kmart failed to make a regular weekly payment.
 
Fleming said after the bankruptcy filing that it was evaluating Kmart's impact on its earnings for 2001, 2002 and 2003. Kmart's business accounts for about $4.5 billion, or one-fourth of Fleming's annualized revenues of about $19.5 billion.
 
Scotts Co., a maker of lawn and garden products, also said it stopped shipments to all Kmart stores.
 
During the restructuring process, vendors, suppliers and other business partners will be paid under normal terms for goods and services provided, Kmart said.
 
One analyst said the bankruptcy filing would allow Kmart to stock its shelves more easily.
 
``Undoubtedly they will continue functioning more normally from now on, and they will get lots of merchandise,'' said Kurt Barnard, president of Barnard's Retail Consulting Group. ''Vendors will no longer be afraid to ship because they are worried they will not get paid.''
 
But Emme Kozloff, a retail analyst at Sanford Bernstein, speculated in a research note that Kmart may not be able to survive.
 
``Long-term, we believe the possibility that Kmart will disappear has increased,'' Kozloff said. ``We do not believe Kmart currently houses an appropriate stable of brands that will allow it to regain market share it will likely lose over the next several months as its seeks to reestablish its financial stability.''
 
Trading in Kmart debt obligations suggested that some investors were betting on the retailer's ability to emerge from bankruptcy.
 
``We're seeing some good buy interest on part of vulture funds at these levels,'' said Harold Rivkin, president of H. Rivkin & Co., a brokerage firm specializing in distressed and bankruptcy debt in Princeton, New Jersey. ``This is a classic large retail bankruptcy. People see value once it gets restructured.''
 
Fitch, Moody's Investor Services and Standard & Poor's all give Kmart's debt a low ``junk'' rating.
 
Kmart's exclusive brands include the popular Martha Stewart-branded linens and housewares. Martha Stewart Living Omnimedia Inc. and Kmart have been in business together since 1997.
 
Martha Stewart has the right under the contract to pull her goods now that bankruptcy proceedings have begun. Loss of the Martha Stewart products would be a severe blow to Kmart, analysts have said. Calls to her company were not immediately returned.
 
JOB CUTS, STORE CLOSINGS?
 
``We are determined to complete our reorganization as quickly and smoothly as possible, while taking full advantage of this chance to make a fresh start and reposition Kmart for the future,'' Charles Conaway, Kmart's chief executive, said in a statement.
 
Kmart has secured $2 billion in financing from Credit Suisse First Boston, Fleet Retail Finance Inc., General Electric Capital Corp. and JPMorgan Chase Bank. The financing, which is subject to bankruptcy court approval, will be used to supplement Kmart's cash flow during the reorganization process, the company said.
 
In its filing documents, Kmart and its U.S. subsidiaries listed total assets of $17 billion at book value and total liabilities of $11.3 billion as of the fiscal quarter ended Oct. 31, 2001. Kmart's foreign subsidiaries are not covered by the filing.
 
Kmart said it was also seeking bankruptcy court approval to immediately terminate the leases of about 350 stores that it had previously closed or that are currently being leased by other tenants. The company expects an immediate annual savings of about $250 million from that move, it said.
 
The retailer is also looking to reduce annual expenses by an additional $350 million through job cuts and consolidation, among other things. Kmart employs about 250,000 people.
 
Kmart said it named Ronald Hutchison as chief restructuring officer, a new position. He and James Adamson, who was named chairman last week to replace Conaway, will oversee the reorganization. Conaway remains chief executive.
 
Hutchison, 51, was most recently chief financial officer of Advantica Restaurant Group Inc. . Adamson, who is known as a turnaround specialist, retired as chief executive of Advantica in December.


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