Posted in: Comics, Current News | Tagged: bankruptcy, diamond
Diamond Comics Was Already Looking For A New Owner Back In 2023
According to unsealed court reports, Diamond Comic Distributors was already looking for a buyer back in 2023
Thanks to the US Bankruptcy courts unsealing transcripts, we have been looking at previous courtroom activity over the Diamond Comic Distributors Chapter 11 bankruptcy process. That includes a blow-by-blow take on the bankruptcy timeline by Mark Minuti from the legal firm Saul Ewing, representing Diamond Comic Distributors, the debtors of the Chapter 11 bankruptcy. And they put the blame solely and squarely on the shoulders of DC and Marvel Comics. And the bankruptcy planning goes back even earlier than we thought, to 2023. Back on the 15th of January, 2025, Mark Minuti told the court, with our own emphasis;
"Since 2019, particularly during and after the COVID-19 pandemic, the Debtors have faced a decline in comic book and graphic novel sales through DCD's Diamond division, primarily due to the loss of Exclusive Distribution Agreements with major suppliers like DC Entertainment and Marvel Worldwide. Additionally, macroeconomic challenges, including higher interest rates on secured debt and inflationary increases in wages and freight-related expenses, have further strained the Debtors' operations. Although the Alliance Division saw revenue growth from $85.5 million in 2020 to $149.1 million in 2023, this was insufficient to sustain the overall business. Rising operating expenses, which increased from 5.44% of sales in 2019 to 8.73% in 2023, compounded by inflation and wage pressures, have led to an unsustainable liquidity position for the Debtors.
"To address these challenges, the Debtors took proactive steps starting in 2023 to stabilize their financial situation. They initiated a process to find a buyer for all or part of their business but were unable to secure a transaction in 2023 or early 2024 due to structural issues. In March 2024, the Debtors retained Getzler Henrich as their Financial Advisor, later appointing Mr. Gorin as Co-CRO of DCD. Recognizing the potential need for a distressed sale, the Debtors engaged restructuring counsel to explore strategic alternatives, including a possible Chapter 11 filing, and hired Raymond James & Associates, Inc. as their investment banker to manage a marketing process in a distress scenario."
"The Debtors' boards for DCD and DST each appointed an independent Restructuring Committee, consisting of one independent director responsible for decisions related to a potential Chapter 11 filing. After evaluating options, the Debtors determined that pursuing a going concern sale within a Chapter 11 process was the best path to preserve and maximize value for stakeholders. In late September 2023, Raymond James initiated a marketing process, developing materials like a teaser and a Confidential Information Memorandum (CIM), setting up a virtual data room, and contacting over 110 parties, 28 of whom signed Nondisclosure Agreements to access the CIM. Six parties submitted indications of interest, and after arm's-length negotiations, the Debtors signed an Asset Purchase Agreement with Universal Distributors, Inc. as the Stalking Horse Purchaser for a 363 sale, subject to Court approval."
"The Debtors filed for bankruptcy with the goal of conducting a competitive postpetition sale process to maximize asset value for creditors and stakeholders, with Universal as the Stalking Horse Bidder. Raymond James plans to launch the postpetition marketing process promptly, supported by a Sale Motion and a Motion to Establish Bidding Procedures. Significant prepetition interest, combined with postpetition inquiries following the first day affidavits, suggests a robust and competitive sale process is expected."
That's what they got. Until it all went wrong, that is…
You can use these Diamond tabs to keep up with the latest on Bleeding Cool. Here's a timeline if you want to catch up…
- On the announcement of Chapter 11 on the 14th of January, Diamond started a 13-week bankruptcy process run by financial firm Raymond James, got financing to operate, and announced an auction for its assets.
- Those assets included Diamond Comic Distribution, Alliance Gaming Distribution, Diamond Select Toys, CGA and Diamond UK
- Universal Distribution was named the Stalking Horse bidder for Alliance Games and Diamond UK, which required a purchase commitment of thirty-nine million dollars, but with certain discounts and privileges for taking that position.
- The auction took place, and it went late. There was food and breakfast billed for.
- And Alliance Entertainment, or AENT, was named the top bidder for the assets of $72,245,000, though not for Diamond UK. This was widely announced, including by Diamond themselves.
- Then we learned that a joint bid by Universal Distribution and Ad Populum came second and was named the back-up bid, with a bid of $69,130,000. With Universal getting Alliance Gaming and Diamond UK, and Ad Populum getting Diamond Comics, Diamond Select Toys and everything else. Basic Fun was third with fifty million.
- Bruce Ogilvie, AENT chairman, was invited onto a podcast with comic book retailers Dennis Barger and Jesse James after, apparently, watching my performance on the Beyond Wednesdays podcast in which he talked about AENT and Diamond.
- A court hearing with the Honorable Judge Rice in Courtroom 9-D at the United States Bankruptcy Court for the District of Maryland at 10 am was intended to ensure the legality of the bid and the process.
- But instead, over that weekend, the debtors declared that they had chosen the back-up bid from Universal and Ad Populum instead of AENT, despite AENT having bid more. No reason was given.
- AENT filed a lawsuit regarding this decision.
- It took the bankruptcy court to reverse that decision and state that AENT, with the higher bid, had won, though they would have to withdraw their lawsuit.
- AENT has terminated their winning bid and purchase.
- Universal Distribution and Ad Populum were back in the running
- Diamond declared "business as usual" but the courts threatened Chapter 7 over late paperwork.
- AENT sued Diamond, claiming fraud
- Diamond says it's all in hand and went back to court, wanting to be owned by Universal and Ad Populum.
- Sale of Diamond to Universal and Ad Populum was approved by the courts.
- Though Ad Populum paid more than we thought.
- Podcast blamed/credited with the current state of affairs
- Diamond tells Skyrush to stop claiming they won CGA.
- As part of court filings, Diamond released details for every comic store on account.
- We have some finality.
- Ad Populum and Universal Distribution officially acquire Diamond and related assets.
- The layoffs have begun.
- And continue.
- Diamond Select Toys has closed
- Diamond try and reassure retailers over ComicSuite
- Courts withdraw Chapter 7 bankruptcy threat
- We look at the future of Diamond Previews again
- PRH pulls out of Diamond entirely
- Well, not entirely, the UK can stay.
- Hermes Press says Diamond doesn't want to distribute their comics anymore… or anyone's.
- But Diamond pushes back on that, as they publish a new Previews.
- And they assure comic book stores that everything is going to be fine. Honest.
- Then send a letter to publishers which looks like it isn't
- Now they are looking for more money and longer to pay it back.
- Dynamite would like half a million now, please.
- Udon and Manga Classic have now cancelled all Diamond orders.
- Then so did Drem Productions
- And PRH starts to close their special retailer joining offer
- Diamond gets a fourth wave of funding and deadlines.
- Philbo Distribution launches.
- Alliance Entertainment hire seven senior Diamond staffers.
- Universal Distribution rumoured to be hiring Diamond staffers to enter the US market.
- Massive Distribution expands within Lunar
- Diamond has cancelled all their PRH orders.
- There are problems with Ad Populum's first payments to comics publishers
- Ad Populum sues AENT alleging breaches of confidentiality and staff poaching.
- Ad Populum still ghosting publishers.
- Bankruptcy timeline revealed it began in July 2024
- Diamond ends cash on delivery sales
- Hermes Press hires Steve Leaf
- Diamond responds to Dynamite
- Diamond closes No Cost Orders, sends out reminder emails to comic book stores
- Boom Studios makes layoffs.
- Zenescope pulls out of Diamond.
- AENT Says Diamond Claim They Poached Staff "Fails As A Matter Of Law"
- It's Claimed New Diamond Owner Said He's "Playing Chicken With Idiots"
- Mike Schimmel Talks, Under Oath, About The Diamond Comics Firings
- Dynamite jumps to Lunar Distribution
- Diamond takes Previews digital only
- Universal Distribution to distribute in the USA as well as Canada, starting with DC Comics
- Conflicting Statements Over Diamond, AENT And Ad Populum Lawsuits
- This Week, There Are Only Five Comics On Diamond's FOC
- Robert Gorin, Chief Restructuring Officer Of Diamond Comics, And Geek
- Titan Has Not Received Payments From Diamond Comics, Stops Supplying
- Fantagraphics Says That Diamond Is Holding Their Comics Hostage
- Kathy Govier, Chief Marketing & Communications Officer, Out At Diamond
- Confirmed, AENT Tried To Buy Diamond In October To Avoid Bankruptcy
- Dynamite Pulls Their Comics Out From Diamond Comic Distributors
- Diamond Moves To Liquidate All Consigned Comics "Held Hostage"
- FairSquare Graphics Calls Diamond "Thieves & Bandits", Brings Receipts
- Ultimate Comics Chain Refuses To Buy Diamond Liquidation Stock
- This One Trick Means Bandai Get Their Pokémon Cards Back From Diamond?
- Dren Productions Want To Know If Diamond Shipped Their Recent Comics?
- Publishers Have 3 Weeks To Object To Diamond Comics' Liquidation Plans
- Emily Botica, Vice President At Diamond Comics, Is Leaving Next Week
- SDCC Gossip: What's Happening With Diamond At San Diego Comic-Con?
- Universal To Offer DC Comics To US Retailers At Same Lunar Discount
- Comic Publishers To File Paperwork Against Diamond Comics This Week
- Diamond Pulls Its Pullbox And Cancels Its ComicSuite For Comic Shops
- The Exit Interviews Of Diamond Comic Distributor Staff In Full
- Andrew Aiello, Tom Derby & Ben Davis Buy CGA After Diamond Bankruptcy
- Dynamite Owed A Million By Diamond, Can't Make Payroll Next Week
- Ad Populum Can't Yet Deal Directly with Diamond Consignment Vendors
- As Court Denies Dynamite Over Diamond, Comic Creators Rally Round
- Paizo speaks out about their Diamond troubles
- TwoMorrows Legally Objects To Diamond Bankruptcy Liquidation Of Stock
- Graphitti Designs & Magma Comix File Legal Paperwork Against Diamond
- Dynamite, Fantagraphics, Drawn & Quarterly Team Up Against Diamond
- Sealed Transcripts Over The Diamond Comics Bankruptcy Auction, Opened
- Diamond's Reason To Reject Alliance Entertainment Was Down To One Hour
- AENT Claims "The Fix was Definitely in" on Diamond Bankruptcy Auction
- Diamond Comics Was Already Looking For A New Buyer Back In 2023
