Information for Creditors of Moon Group, Inc.
Jointly Administered Under Case Number 21-11140 in the United States Bankruptcy Court for the District of Delaware
DEBTORS AND THEIR BUSINESSES
The Debtors include the following companies, which are headquartered in Chesapeake City, Maryland:
- Moon Group, Inc.
- Moon Landscaping, Inc.
- Moon Nurseries, Inc.
- Moon Site Management, Inc.
- Moon Wholesale, Inc.
- Rickert Landscaping, Inc.
Moon Nurseries is the present iteration of a nursery business operating under the Moon Nurseries name which has been in operation since 1767 and is widely accepted as America’s oldest surviving plant nursery. Moon Site Management provides complete grounds management for commercial, institutional or industrial sites and residential communities. Moon Landscaping operates as a landscape contractor for residential, commercial, and municipal projects. It also provides maintenance services to very high-end homes or estates. Moon Group, Inc. is the parent company for all of the other companies.
This information about the Debtors’ businesses comes from a declaration by the chief executive officer (“CEO”) of Moon Group, John Pursell, Jr., that was filed in the bankruptcy case. PRLT can provide you with a free copy of the declaration, which is public record, if you reach out to us.
DEBTORS MUST OVERCOME A LENDER DISPUTE
The primary reason that the Debtors filed for bankruptcy seems to be to resolve a dispute that has arisen between the Debtors and a secured lender, Kore Capital Corporation (“Kore”). The Debtors claim in their preliminary filings that they obtained a line of credit from Kore in May 2020 that was secured by the Debtors’ accounts receivable. They also claim that the amount Kore would agree to lend the Debtors at any given time was dependent upon the value of the Debtors’ accounts receivable.
Over time, the Debtors claim that Kore took a series of actions that resulted in them refusing to lend additional funds to the Debtors in the height of the summer season. Since the Debtors operate nursery and landscaping companies, the summer is their busiest season, and when the Debtors require the most money to fund their payroll and operations costs. The Debtors claim that they responded to Kore’s actions by protecting themselves and making sure they had access to sufficient money from other sources to continue operating.
Kore has since made a number of accusations against the Debtors, including filing a court case saying that the Debtors are unfit to operate their businesses. The Debtors filed for bankruptcy in order to give themselves time to deal with Kore’s claims in an orderly way while they continue operating. Ultimately, the Debtors intend to use the bankruptcy process to buy out Kore’s line of credit and stop doing business with Kore. The Debtors hope to reorganize without Kore and continue their decades-long run of success.
THE DEBTORS SHOULD BE ABLE TO REORGANIZE
In their initial filings, the Debtors report that they have approximately $31 million in assets as compared to between $26-$28 million in debts. The Debtors’ assets are comprised of: $12 million in real estate, $15 million in inventory, and $4 million in machinery and equipment. Their liabilities are approximately $20 million in secured debt, including: $5 million owed to Newtek Small Business Finance, LLC; $10 million owed to North Avenue Capital, LLC; and $5 million owed to Kore, and $6-8 million in unsecured debt.
Since the Debtors’ assets are worth more than their debts and the primary reason for the bankruptcy filing is the dispute with Kore, there is some optimism that the Debtors will be able to successfully reorganize. However, more information is needed and will be provided that will allow for greater certainty in this outlook.
Specifically, the Debtors will be required to file schedules and statements of financial affairs (or SOFAs, to bankruptcy professionals) in the near term that will provide a lot more detail about the Debtors’ assets and debts. Also, the Debtors will be required to send a representative to a section 341(a) meeting of creditors to answer questions about the Debtors’ finances and plan for successful exit from bankruptcy. We do not have definitive dates for these filings yet but they will be forthcoming.
PRLT does not represent Moon Group, Inc. or any of its affiliated Debtors. The content on this page is provided for informational purposes only. Nothing on this page or this website creates an attorney/client relationship between you and PRLT. Nothing on this page is legal advice. If you have any questions about the Moon Group jointly administered bankruptcy case or anything discussed on this page, please contact us.