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The credit line will be used only to pay for products during bankruptcy, not for vendor debt for products purchased before the company declared bankruptcy on Monday, Circuit City said in a Securities and Exchange Commission filing yesterday.
Robert M. Lawless, a professor at the University of Illinois College of Law who specializes in bankruptcy law, said money owed to the vendors before Circuit City filed cannot be paid until it emerges from bankruptcy.
Vendors contacted by the Richmond Times-Dispatch yesterday about doing business with Circuit City either would not comment on their plans or did not return calls.
Hewlett-Packard Co. spokeswoman Ann C. Finnie said, "H-P is aware of Circuit City's bankruptcy filing and will be managing its business with Circuit City appropriately given the news."
Hewlett-Packard was listed as the largest creditor in Monday's filing. Circuit City owes it $118.8 million.
"What I can tell you is that H-P is focused on delivering the best customer experience, which has long included allowing consumers to purchase technology products where and how they wish," Finnie wrote in an e-mail. She did not respond when asked if Hewlett-Packard would continue to ship products to Circuit City.
Jeffrey L. Tarkenton, a lawyer representing computer-maker Gateway Inc., said yesterday that he had not confirmed that the company was making deliveries of its computer products to Circuit City. However, Tarkenton said, "I would expect that most vendors are going to start shipping."
In an e-mailed statement last night, a Panasonic Co. spokesperson said, "It is unfortunate that Circuit City Stores Inc., one of the nation's largest electronics retailers, has had to face this challenging situation. Panasonic hopes for Circuit City's successful reorganization and recovery."
At a hearing Monday, an attorney representing Panasonic said it would seek an injunction to prevent Circuit City from selling products that Panasonic had shipped to the retailer on a consignment basis. No request for an injunction could be found in a search of court records yesterday.
Circuit City owes Panasonic $13.2 million, according to bankruptcy filings.
The product vendors are owed a huge amount of money, said Gary Shapiro, president and chief executive of the Consumer Electronics Association, a trade group based in Northern Virginia that represents manufacturers, retailers and others related to the consumer electronics industry.
"What [the bankruptcy filing] does is it really hurts the people who sold product to Circuit City," he said. "They will lose their money now when they really wanted Circuit City to survive. They stuck their necks out and gave them product."
Circuit City has said it hopes to emerge from bankruptcy by March.
Shares of Circuit City, which are now traded over the counter after the New York Stock Exchange suspended its listing Monday, closed at 25 cents yesterday, up 12 cents.
Contact Louis Llovio at (804) 649-6348 or LLLovio@timesdispatch.com
Contact Michael Martz at (804) 649-6964 or mmartz@timesdispatch.com.
To see more of the Richmond Times-Dispatch, or to subscribe to the newspaper, go to http://www.timesdispatch.com. Copyright (c) 2008, Richmond Times-Dispatch, Va. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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