In re Craddock-Terry Shoe Corporation

Craddock-Terry Shoe Corporation (Craddock-Terry) obtained a $9 million loan from Lincoln National Life Insurance Company (Lincoln) (plaintiff) and Westinghouse Credit Corporation (Westinghouse) (plaintiff). The loan was secured by various assets as collateral, including the customer mailing list of Hill Brothers, a division of Craddock-Terry. When Craddock-Terry eventually filed for bankruptcy, Craddock-Terry’s debt to Lincoln and Westinghouse totaled nearly $9.6 million. Lincoln and Westinghouse filed a motion to either (1) lift the automatic stay issued under § 362(a) of the United States Bankruptcy Code (Code) or (2) ensure that Craddock-Terry provided Lincoln and Westinghouse with sufficient protection for the collateral, which they worried was declining in value. At a hearing on the motion, the evidence established that Hill Brothers had suffered cash-flow issues since the time of the filing, affecting the value of the mailing list. Lincoln and Westinghouse presented expert testimony indicating that the mailing list’s value had declined from $8.7 million at the time of the petition to $5.7 million at the time of the hearing. In contrast, Craddock-Terry offered expert testimony indicating a devaluation from only $700,000 to $330,000 during this period of time. This valuation was based on various factors, including the fact that a company’s mailing list would hold much more value to the company itself than to a third party. At the hearing, the evidence also established that Craddock-Terry had been selling off assets to use the proceeds to reorganize Hill Brothers.