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UPDATE 1-Crown objects to Filene's bankruptcy auction

Tue Jun 9, 2009 11:23pm IST
 
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* Crown says Men's Wearhouse should not be winning bidder

* Says court should not approve auction result

By Chelsea Emery

NEW YORK, June 9 (Reuters) - Crown FB LLC, which had offered to buy some of the assets of bankrupt retailer Filene's Basement, has objected to the bankruptcy court's naming of Men's Wearhouse (MW.N: Quote, Profile, Research) as the winning bidder, according to court documents on Tuesday.

The auction on June 5 was not run in accordance with bid procedures and was a "travesty," Crown said in a filing with the Bankruptcy Court for the District of Delaware.

Representatives for Filene's Basement and Men's Wearhouse were not immediately available to comment.

Filene's Basement filed for Chapter 11 bankruptcy protection on May 4, and planned to sell all or part of its assets as part of the bankruptcy proceeding, according to court documents. Crown was chosen as the "stalking horse" bidder after offering to purchase the trade name and leases for 17 stores, but not the inventories, for about $22 million.

But an affiliate of Men's Wearhouse, K&G Acquisition, won the auction after offering $67 million for 17 store leases, inventory from all of its locations, leases for the company's headquarters and the trade name.

Crown said, however, the Men's Wearhouse bid should not have been accepted because it was tendered after the bid deadline, among other objections.  Continued...

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