Landlords file motions against Movie Gallery
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By Cindy Spielvogel -- Video Business, 10/23/2007
OCT. 23 | It’s a prepackaged bankruptcy, but Movie Gallery’s store leases aren’t wrapped up yet.
Shopping center landlord groups have filed motions against the company objecting to the provisions the chain was granted to get out of some of its leases.
In papers filed Oct. 19 with the U.S. Bankruptcy Court in Richmond, Va., some of the landlords asked Judge Douglas Tice to rescind his order allowing the leases on 508 stores to go up for auction Nov. 15 as part of the bankruptcy.
Through their agent, affiliated with Inland Real Estate Group companies, the landlords filed motions for the judge to halt the auctions until provisions can be made to take their needs into consideration, and for the judge to reconsider his order allowing Movie Gallery to conduct store closing sales and procedures related to them.
According to the filing, the landlords are complaining that Movie Gallery has “written themselves a free pass to conduct the closing stores however they see fit.”
The landlords further complain that because Movie Gallery began the store closing sales before it declared bankruptcy, the company shouldn’t be able to ignore any lease violations it committed regarding the store closings before the bankruptcy was filed.
The landlords also are asking for restrictions on Movie Gallery’s advertising to keep the company from posting “going out of business”-type signs, fearing the detrimental impression such actions might convey about the rest of each shopping center.
Final decisions on the motions haven’t yet been made.
Additional landlords filed similar objections on Oct. 24.
On Oct. 25, Movie Gallery's stock was officially delisted by Nasdaq and was trading in the 12¢ to 14¢ range on the "pink sheets" for stocks that don't meet normal listing requirements.