Industry Pro Newsletter: Hal Luftig Company Declares Bankruptcy, New Ohio to Close

Another Box Office Struck by a Cyber Attack

By: Feb. 20, 2023
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Earlier this month, the Box Office of the Philadelphia Orchestra and the Kimmel Center became tied up in a cyber attack - not unlike the attack that tied up the Met's box office for weeks - offering everyone a reminder that cyber security vulnerabilities should be examined by institutions of all shapes and sizes. In the newsletter this week, we also have stories about leadership changes, a bankruptcy filing, and the closing of the New Ohio, an off-Broadway institution for the last 30 years.

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Broadway/New York

Industry Pro Newsletter: Hal Luftig Company Declares Bankruptcy, New Ohio to Close

Broadway Producing Heavyweight Hal Luftig Company Declares Bankruptcy by Cara Joy David

As last year wound to a close, the Hal Luftig Company, Inc. (which I'll call the "Company" for short), well-known producer Hal Luftig's theatrical production company, filed for Chapter 11. The stated goal is to come out of bankruptcy with a court-approved payment plan to pay off the Company's debts. Meanwhile, Luftig continues to produce.

According to court filings, the bankruptcy was not necessitated by the pandemic, but rather a judgment against the Company and Luftig. In 2019, FCP Entertainment Partners, a former producing partner of Luftig, filed a claim against Luftig and the Company, arguing, among other things, that FCP was entitled to monies it did not receive related to productions of KINKY BOOTS and the Broadway production of THE ELEPHANT MAN. An amended complaint also accused Luftig of reducing FCP's THOROUGHLY MODERN MILLIE profit share.

Last year an arbitrator found for Luftig and the Company in relation to some of FCP's claims, but still ruled Luftig and the Company were on the hook to FCP for approximately $2.64 million. The arbitrator also granted FCP a 55% share of the Company's future profits related to productions of KINKY BOOTS. (Without getting too into the weeds, the Company owns 15.7315% of the interests in Kinky Boots LLC, the top of the KINKY BOOTS licensing tree, so FCP is to receive 55% of the profits of that 15.7315%.) A court confirmed the award. Luftig is currently appealing on behalf of himself, but not the Company, so the Company is obligated to pay. Except bankruptcy creates a stay, meaning most obligations, including the obligation to pay FCP, are put on hold while the bankruptcy process proceeds. Although Luftig the individual did not apply for bankruptcy, the court granted his application to have the stay apply to him too, allowing him to temporarily avoid dealing with FCP's payment demands.

The court filings reveal various specifics about the Company and the impact of the pandemic on it. The Company reported approximately $150,000 in assets. It still receives funds from KINKY BOOTS, CATCH ME IF YOU CAN, AMERICAN UTOPIA, the Stiles/Drewe musical BECOMING NANCY (which never made it to Broadway), SIX and more. (In the mini-scoop category, Luftig stated in a filing that the Sarah Jessica Parker/Matthew Broderick PLAZA SUITE may hit London and Los Angeles, which would bring money into the Company.)

The Company owes the most money to FCP, then $150,000 plus interest to the U.S. Small Business Administration on a SBA Disaster Loan and $75,000 to an individual, Amy Deutsch, on a loan. In terms of operating expenses, in December, for example, the Company expected to incur expenses of over $73,000 (including a hefty salary for Luftig) and make a $19,500 shareholder distribution to Luftig.

During the theater shutdown, Luftig continued paying the Company's two non-executive employees, but stopped collecting a salary himself. In terms of government money, the Company received approximately $133,830 in PPP loans, $614,069 from the Shuttered Venue Operators' Grant program and the $150,000 that requires repayment. Luftig and his husband also borrowed money from a bank (with their house as collateral) and loaned the Company $450,000. A spokesperson for Luftig stated that Luftig forgave the loan, meaning the Company no longer needs to pay it back.

There is no indication this filing will impact the business of producing or Luftig's future productions, which include Broadway's LIFE OF PI and HERE LIES LOVE.

A spokesperson for Luftig provided the following statement from the producer:

"I am proud to have always conducted my business relationships with the greatest integrity. This corporate reorganization is a response to a simple contractual dispute arising from a unique relationship with a former business partner that dates back to the earliest days of my producing career. The corporate filing allows us to address that situation directly while continuing to produce wonderful new works unrelated to this dispute."

New Ohio to Close in August

After the conclusion of the current season on August 31, 2023, the New Ohio Theatre will cease operations at 154 Christopher Street after 30 years of serving as a vital foundation of the downtown independent theatre scene. Robert Lyons, the founding artistic director, adds, "We had a hell of a run." The decision was made as a result of a number of interrelated issues, including Lyons' plan to resign as artistic director, changes in the field's environment and dynamics, and rising financial strains on the organization. The Board decided that it was time for New Ohio to make way for the upcoming generation of theater creators and producers. Click here to read more...

Jujamcyn and ATG to Merge

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Lisa Lawer Post Named Interim Executive Director of Second Stage Theater

Lisa Lawer Post has been chosen Interim Executive Director at Second Stage Theater, according to the organization's president and artistic director Carole Rothman. On February 27, 2023, Ms. Post will formally join the prestigious Broadway and Off-Broadway institution. Khady Kamara, the organization's current executive director, will leave at the end of the month. Click here to read more...

Regional

Dani Rowe Named New Artistic Director of Oregon Ballet Theatre

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Philadelphia Orchestra and Kimmel Center Ticket Office Tied Up in Cyber Attack

Following a cyber attack that occurred last week, the Philadelphia Orchestra and Kimmel Center Inc.'s ticketing systems remained inoperable for a sixth day on Monday. Although the functionality of the joint website was still severely limited, the arts organization was able to set up a temporary online portal with tickets for some shows on February 12. The FBI has become involved in the attack on POKC. The organization refused to confirm or deny that it was looking into the incident, citing a policy of not doing so. Nevertheless, Carrie Adamowski, a spokesman for the FBI Philadelphia, stated that the agency was "aware of the cyber problem affecting the Philadelphia Orchestra and Kimmel Center" and that when it learns about such occurrences, "it's customary that we offer our assistance." Click here to read more...

International

Industry Pro Newsletter: Hal Luftig Company Declares Bankruptcy, New Ohio to Close

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German Ballet Director Attacks Critic with Dog Feces

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Missed our last few newsletters?

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January 30, 2023 - A Look at Broadway's Comeback, The Leadership Shuffle Continues

One of the most interesting pieces of information included in the Variety article linked later in this newsletter is the way in which the buying cycle has shifted for tickets to Broadway shows. At BroadwayWorld, we're not only tracking Broadway data, but in regular meetings with regional theatres and survey's of our audience, we're seeing these same trends play out in regional houses across the country. Audiences are buying tickets closer and closer to the actual show date - but that doesn't necessarily mean they're making the decision to see the show late. In a post-COVID era, audiences are more attuned to the fact that things can shift, and so in an effort to protect themselves from navigating a cancellation, they're waiting to purchase their tickets. Click here to read more...

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