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JCPenney Bankruptcy Fraud

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Are you owed money?

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JCPenney Bankruptcy Fraud

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AT A GLANCE

This alert affects:

How a Lawsuit Could Help

This alert affects:

  • Anyone who owns 1st or 2nd lien JCPenney bonds and/or JCPenney stock. 


  • Anyone who paid federal taxes and was therefore on the hook to bail out JCPenney's stolen pension 

What's Going On?

How a Lawsuit Could Help

This alert affects:

  • Insiders are being sued for what litigants believe to be the theft of more than $7 billion in assets belonging to JCP creditors, shareholders and the pension.

How a Lawsuit Could Help

How a Lawsuit Could Help

How a Lawsuit Could Help

  • A lawsuit could help hold the insiders and their attorneys responsible for returning the money that was stolen from JCP shareholders, creditors and the pension. 

Creditors Have Filed a Lawsuit Against Insiders

What you need to know (full article below):

Background


  • In May 2020, J.C. Penney filed for bankruptcy, citing financial strain during the pandemic. 
  • Despite having $8.4 billion in assets (including over a billion in cash) and only $5.5 billion in debt, the company was declared “insolvent.”


Scandals


  • Text message evidence has since revealed that J.C. Penney attorneys appear to have maneuvered to land the case before Judge David R. Jones, who was secretly living with one of the attorneys.
  • However, evidence presented by suing parties reveals an even larger scandal: a $7 billion fraud facilitated by a compromised court and colluding entities. These include law firms, bond trustees, and others who not only abdicated their fiduciary duties but also played a complicit role in the theft.
  • This bankruptcy court has been likened to a mob ring, favoring large corporations seeking to sidestep genuine judicial oversight during bankruptcy proceedings. This characterization is substantiated by its dramatic rise from an unpopular bankruptcy destination to the nation’s most sought-after venue—so much so that some companies established P.O. boxes in Texas solely to qualify for its jurisdiction. Following Judge Jones's resignation, the district's popularity plummeted, highlighting how its prior appeal was directly tied to practices under his tenure.


Lawsuit Allegations


  • Insider Misconduct:
    • Key insiders orchestrated the bankruptcy to transfer over $8 billion in assets to themselves while only paying for $1 billion.


  • J.C. Penney attorneys cooperated with Spencer Haber of H/2 Capital Partners and David Simon of Simon Property Group to conceal billions in assets.


  • This was done without an auction and avoided competitive bidding that could have fetched higher offers to pay J.C. Penney's stakeholders fairly.


  • Compromised Legal Process


  • Law firms and bond trustees collected their fees while turning a blind eye as billions were transferred without payment to groups led by Haber and Simon.


  • Concealment of Assets:


  • J.C. Penney’s assets were not “undervalued.” They were literally ignored (concealed and given away, with no formal appraisal conducted).


  1. There were many irregularities in this case, including the failure of the Court to require J.C. Penney to complete a legally-required liquidating analysis which would have compared how much money J.C. Penney could have made by selling its assets directly to the public vs. a private sale. 


  • There was no auction. In bankruptcy, a competitive auction establishes  the fair value of a company's assets. That process was avoided in this case. 


  • Instead, a “private sale” was allowed that wiped out bondholders, shareholders and the pension. 


  • However, the assets transferred to the purchasers far exceeded the amounts owed to these groups. In other words, JCP had the money, they just pretended they didn’t and gave it to the insiders who were leading the theft.


  • Financial statements of the insiders alleging to have "purchased" the company  showed the company was worth at least $8 billion, far more than the $1 billion "credit bid" allegedly used to acquire its assets.


>Simple Breakdown


  • The way the fraud was executed is akin to a person going into a store and stuffing jewels and furs into a suitcase, then paying for just the suitcase itself at checkout. They paid, but not for everything they got. There is no “valuation fight” regarding the value of the jewelry and furs. They were simply concealed.


What Happened to the Assets?


  • Operating Business (Stores): Transferred to a creditor group led by insider Spencer Haber. 


  • Real Estate Portfolio: Transferred to another group of lenders led by another insider, Haber’s long-time crony, David Simon. 


  • Shareholders & Creditors: Received little to no recovery, even though the numbers show that the company's assets could have paid off debts in full and provided a surplus.


Why It Matters


  • Those working to bring about justice in the J.C. Penney case believe the case represents flagrant and extreme abuse of the bankruptcy system, where powerful insiders profited at the expense of employees, creditors, and shareholders.


  • It is our understanding that the amount stolen is more than in any other bankruptcy in U.S. history. In fact, the plaintiff in the lawsuit calls J.C. Penney “the Enron” of bankruptcy cases.


  • It raises glaring questions about transparency and fairness in the judicial process.


How Victims Are Fighting Back


  • Eric L. Moore, a secured creditor, has filed a lawsuit to expose the wrongdoing and seek fair distribution of the stolen assets. This case seeks to hold the responsible parties accountable and recover the stolen value for stakeholders. 


  • Importantly, the lawsuit aims to establish a constructive trust to benefit ALL victims of this fraud–this might include you or someone you know. Sign up below and click here to learn more.


Take Action


  • We need your help to ensure justice is served. If you were harmed, believe you might have been defrauded, or have any information that could support this fight, please contact us through the form below. 


  • By sharing this site and spreading the word, you can help bring more wronged investors together to strengthen our case. Together, we will expose the truth, hold the perpetrators accountable, and achieve the fair outcome that all defrauded parties deserve.


Learn More About This Case


  • Articles with details about this case can be found HERE

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J.C. Penney Bankruptcy Fraud Exposed: $7 Billion Gone

Article

The J.C. Penney Bankruptcy Case


When J.C. Penney filed for bankruptcy in May 2020, it claimed financial hardship caused by the pandemic. However, the company's financial situation told a different story. On paper, J.C. Penney had $8.4 billion in assets, including over $1 billion in cash, against $5.5 billion in debt. Despite this, the court declared the company "insolvent."


Now, a new lawsuit filed by Eric L. Moore on October 31, 2024, asserts that this bankruptcy was not what it appeared to be. According to the complaint, insiders used the legal system to orchestrate one of the largest bankruptcy frauds in U.S. history, diverting billions in assets for personal gain.


How Did It Happen?


The lawsuit outlines key events of this scheme, revealing practices that exploited bankruptcy laws to the detriment of creditors, shareholders, and employees.


Questionable Asset Sales


Insiders sold assets valued at over $8 billion for just $1 billion through a private sale. This move avoided competitive bidding, ensuring that the insiders controlled the transaction and could undervalue the assets.


Hidden Wealth


Executives from firms like H/2 Capital Partners (Spencer Haber) and Simon Property Group (David Simon), with assistance from certain law firms, allegedly concealed billions in assets during the bankruptcy proceedings, bypassing safeguards meant to ensure transparency.


Betrayal by Fiduciaries


The lawsuit accuses law firms, bond trustees, and others involved of failing to uphold their fiduciary duties. Instead of representing their clients' best interests, these parties are accused of facilitating the scheme while collecting large fees.


Allegations Against the Court System


The case also raises concerns about potential judicial misconduct.


Case Assignment Manipulation


The bankruptcy filing was assigned to then-Judge David R. Jones. Text messages revealed personal ties between Jones and one of the attorneys in the case, raising questions about impartiality.


Unusual Delays


Critical motions, such as an emergency hearing that should have been addressed within 21 days, were reportedly delayed for seven months. The plaintiffs argue that these delays gave insiders more time to hide assets and evade accountability.

The lawsuit describes the Southern District of Texas Bankruptcy Court as having enabled questionable practices during Judge Jones’s tenure. This court had gained popularity for handling large corporate bankruptcies, but its reputation significantly declined after Judge Jones resigned amid scandal.


The Bigger Picture


The scope of the fraud is staggering. Around $7 billion in assets were siphoned away, leaving creditors, shareholders, and employees with almost no recovery. Even U.S. taxpayers were affected, as they paid approximately $400 million to bail out J.C. Penney's depleted pension fund.

Plaintiff Eric L. Moore compares the case to Enron, calling it “the Enron of bankruptcy cases.” This comparison highlights a systemic issue where loopholes and compromised systems allow insiders to exploit bankruptcy laws for personal gain.


Justice in Process


Plaintiffs in the case are pursuing several objectives to restore fairness and accountability.


Constructive Trust


A key goal is the establishment of a constructive trust over the stolen assets. This legal mechanism would ensure that these assets are redistributed to those harmed—creditors, employees, and shareholders.


Transparency and Accountability


The lawsuit seeks to expose not only the insiders but also the role of facilitating parties and court processes. Any recovered funds will be redirected to victims while advocating for reforms to prevent future abuses.


How You Can Take Action


Are you one of the many impacted by the J.C. Penney bankruptcy, or do you have knowledge about the fraud? Here’s how you can help strengthen this ongoing fight for transparency and justice:


  • Learn the Details
    Review the full legal complaint and evidence here.

  • Spread the Word
    Share this information to reach others who may have been affected. Every voice counts in building pressure for transparency.

  • Submit Tips
    If you have relevant information, provide it through the confidential submission form.


Why This Case Matters


This isn’t just about one company—it’s about a system that allowed executives to prioritize their own gain at the expense of the people they were supposed to serve. By holding these actors accountable, this case could set a precedent for stricter oversight and reform in the U.S. bankruptcy system.

Clear transparency, robust safeguards, and accountability aren’t just ideals—they’re necessities to prevent another J.C. Penney-like collapse.


Join the Movement for Justice Today. Together, we can shine a light on these abuses, recover what was taken, and ensure fair practices moving forward.

Learn More

Click below to access easy-to-understand details about what is being stated in the lawsuit.

MORE INFO

See the Lawsuit Here

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