Edit ModuleShow Tags
Edit ModuleShow Tags

MidiCi Bet Lands in Bankruptcy Court


Published:

The plan for a MidiCi restaurant.

Three years ago, Menchie's frozen yogurt CEO Amit Kleinberger gambled against conventional wisdom and started selling franchises for a new pizza concept called MidiCi before opening a single company store. He lost the bet and filed for Chapter 11 bankruptcy on September 21. 

In a letter to franchisees last Friday, Eric Riess of Lathrop Gage law firm announced the bankruptcy filing and said MidiCi is placing a “full hold” starting September 21 on all royalty and marketing fees until further notice, “so that all franchised units can work towards increasing sales/profitability together.”

The letter said Riess advised MidiCi to also retain the firm of Greenberg and Bass and the firm of Roseman Law “to help develop a long-term reorganization plan, focused on solving the sales/profitability challenge. With the help of these counsel and other outside advisers, MidiCi is preparing a plan for the survival and recovery of MidiCi and its franchise system.”

The filing, in California Central bankruptcy court, lists both assets and liabilities of MidiCi ranging from $1 million to $10 million.

Starting in 2015, Kleinberger sold more than 500 franchises for MidiCi, a Neapolitan pizza brand he created, and predicted that hundreds of them would be open by now. Instead, Kleinberger peaked at 36 units early this year. 

Since then two, in Houston and Fort Collins, Colorado, have closed; two others, in Ohio and Missouri, were sold to new operators; and several more stores hailed by Kleinberger's public relations team as "about to open" halted mid-construction. 

"It's a rolling train wreck," said attorney Steven Greene, of Matthews & Greene, of Alpharetta, Georgia, who is preparing litigation for "pools of over 100 MidiCi's franchisees" including many that paid franchise fees and never opened. 

"Kleinberger and his team did not do due diligence," Greene said. "Instead of building a company store and replicating it, they let their initial franchisees be their test cases. Their estimates on buildout costs, operating costs and expected revenue were grossly inaccurate."

Kleinberger said, "Our FDDs clearly stated that we did not have a company store until June of 2015 and that our concept had not been proven because we had no franchise units open. They did not sign their franchise agreements remotely; they were sitting in our corporate unit, in Sherman Oaks, California. But they said they loved the concept. We would have loved nothing more than for sales to be stronger." 

Edit Module
Edit ModuleShow Tags
Edit ModuleShow Tags
Edit ModuleShow Tags
Edit ModuleShow Tags
Edit ModuleShow Tags
Edit ModuleShow Tags


Covers everything from good news to bad judgment

About This Blog

The latest news, opinions and commentary on what's happening in the franchise arena that could affect your business.

Tom KaiserTom Kaiser is senior editor of Franchise Times. He can be reached at 612.767.3209, or send story ideas to tkaiser@franchisetimes.com.
 
Beth EwenBeth Ewen is editor-in-chief of Franchise Times. She can be reached at 612.767.3212, or send story ideas to bewen@franchisetimes.com.
 
Nicholas UptonNicholas Upton is restaurants editor at Franchise Times. He can be reached at 612.767.3226, or send story ideas to nupton@franchisetimes.com.
 
Laura MichaelsLaura Michaels is managing editor of Franchise Times. She can be reached at 612.767.3210, or send story ideas to lmichaels@franchisetimes.com.
 
Mary Jo LarsonMary Jo Larson is the publisher of Franchise Times Magazine and the Restaurant Finance Monitor.  You can find her on Twitter at
 twitter.com/mlarson1011.
 

Archives

Categories

Feed

Atom Feed Subscribe to the Franchise Times News Feed »

Recent Posts