DVS Shoe Co. filed for Chapter 11 bankruptcy reorganization today, company executives shared with me this afternoon.
In the filing, which includes the Matix brand, the company is opting for what’s called the 363 auction process.
This process usually involves a “favored bidder” who has certain
advantages in the process. Currently, DVS Shoe Co. is in talks with
interested parties but a final document has not been signed so
executives did not want to disclose the names of potential new investors
yet.
The court will oversee the bidding process and with the advice from
DVS, determine the best fit moving forward, DVS executives said.
Brian, Kevin and Mike Dunlap and Tim Gavin, owners of the company,
answered some questions for me about the reorganization process and what
pushed the company over the brink.
Can you walk us through a few of the challenges Podium has faced the last few years that has forced this reorganization?

Our
biggest challenge has been dealing with our senior lender. When they
were going through their own problems they changed our borrowing base
without notice and that is when the problems started. Their
unwillingness to work with us through these challenging times has been
very difficult.
Another factor was restructuring our robust European infrastructure.
We have always been very committed to our international business and
constantly reinvested there to sustain our growth. To keep inline with
our sales we had several subsidiaries throughout Europe that needed to
be consolidated and that process was very expensive. Anyone with
operations in Europe will know exactly what I am talking about.
To start this year we had some circumstances out of our control that
occurred that did not help things. Our main vulc factory did not meet
its obligations to produce our shoes for SP 12 and our 3PL warehouse
closed its doors. Those two things happened within two to three months
of each other and were just brutal.
The other issues were basically the sum of challenges everyone else
is facing with the economy, the tough US retail environment, and
increasing factory and raw material costs from China.
Why did you choose to go through the 363 process? What are your expectations on this process?
First, it is the fastest reorganization process available. We expect
to close this within 45 days, which is extremely fast and will not
really interrupt our business. Initially, we did not think this process
was necessary and frankly did not understand it all that well.
After working with several investment groups we started to better
understand how this process will benefit our new partners by eliminating
liabilities and being able to have a fresh start.
The obvious downside of this is that it will impact our vendors and
companies that we have worked with over the years. There has been a
great deal of interest in the brands and we are confident that this
process will line ourselves up with a strong partner for the future.
What will this mean to your employees?
We will have to downsize in certain areas to remain lean throughout
the process. We have a lot of very solid employees who have put a lot
of effort into the brands over the years but unfortunately we have to
make these adjustments in order to complete the process.
Once the process is completed we plan to ramp back up depending on
our needs/synergies between Podium and our new partner (that new partner
will be determined at the auction).
Will you be able to deliver product during this time? Will there be delays?
We will definitely be delivering product. I would be naive to say
there will be no hiccups, but we will do our best to work with current
and new vendors to insure continued business. Our shoe factories are set
up well for this process and have given us no indication of production
issues.
Is this why Paul Gomez left?
Paul joined us at a difficult time as we were in the middle of all
this restructuring, but he understood the game plan and was fine with
it. In the end there were just certain commitments he was unwilling to
take and he decided it was best to go separate ways. We appreciate his
effort during his short tenure and wish him the best.
With the reorganization, is there the potential that Podium will end up under new ownership with a new direction?
The reason we have so many interested investors is because they
believe in the brands and the direction so I do not see a change there.
As far as ownership, there will definitely be a change of some sort,
but that is to be determined as the process plays itself out.
We have prepared for this and have all the right people in place to
make this a very successful transaction. This transaction will truly be
beneficial for the brands and employees moving into the future. Most of
all it will allow us to finally get rid of the bank and all this
nonsense and focus 100% of our time on the brands again.
You, your brothers and Tim Gavin started DVS in 1995. How are the
four of you handling this turn of events in the business you have put
everything into?
Since we were groms we have all lived and breathed this lifestyle.
We did it all from skating, surfing, BMX, snowboarding, and moto. To be
able to create a brand that is globally recognized in this industry is
more than we could ever have imagined.
The last couple of years have obviously been very stressful and
tiring but we have put everything into it and are not about to quit. We
have invested everything into these brands and have a lot of great
employees and retailers counting on us to deliver. We have always been a
very tight family and just try our best to roll with the punches and do
the right thing for the brands, employees and customers.
In the end we are looking to have fun again and build back back up a good business model.
Anything else you want to tell people?
We would like to take this opportunity to thank all of the employees,
athletes, reps, retailers, distributors and agents who have supported
our brands over the years. It has taken a group effort to build up these
brands and we appreciate everyone’s hard work and dedication.
By TIFFANY MONTGOMERY, May 17, 2012