By Patrick Fitzgerald 
 

A bankruptcy judge said Furniture Brands International Inc., the furniture manufacturer that hasn't made a profit in six years, can pay more than $5 million in bonuses to key employees, including several company insiders.

Judge Christopher Sontchi of the U.S. Bankruptcy Court in Wilmington, Del., Friday approved the St. Louis-based company furniture maker's request to pay bonuses to dozens of employees, including seven company insiders--namely, corporate officers and directors--pending the sale of its assets at a bankruptcy auction.

The St. Louis-based furniture maker--whose brands include Broyhill, Lane, Drexel Heritage and Thomasville--filed for bankruptcy last month with a deal to sell most of its assets to Oaktree Capital Management. But New York buyout firm KPS Capital Partners, which has bid $280 million for the company, has replaced Oaktree as the lead bidder at an upcoming bankruptcy auction.

Exactly who's in line for the bonuses wasn't disclosed publicly. Furniture Brands said it's keeping the names of the employees under wraps to "protect" their privacy and to "preserve company morale."

The bankruptcy bonuses would be paid from two separate plans: an incentive plan tied to the sale of the company for seven senior management employees, including insiders, and a retention plan. The incentive bonuses could total $3.5 million, according to court papers. Up to $2.1 million in retention bonuses are earmarked for 48 non-insider employees.

Key-employee retention plans, dubbed KERPs, have long been a controversial feature of big Chapter 11 cases. Bankruptcy-law changes that took effect in October 2005 were meant to curtail a company's ability to pay bonuses to senior executives while shortchanging rank-and-file workers.

But judges have wide latitude to approve the plans and Delaware bankruptcy judges routinely sign off on bonuses for executives of failed companies. Bankruptcy judges approved several rounds of bonuses to unnamed executives at Tribune Co. and Nortel Networks Corp. despite a history of controversy over senior executives' pay.

Judge Sontchi also Friday approved Furniture's Brands' $144.5 million bankruptcy loan, the bulk of which will go to pay off the company's existing lenders, including Wells Fargo & Co. (WFC), Bank of America Corp. (BAC) and General Electric Co. unit GE Capital.

Furniture Brands filed for bankruptcy with a so-called debtor-in-possession loan from Oaktree, but KPS replaced the Los Angles-based buyout firm as the DIP lender after being named the stalking horse, or lead, bidder for the company's assets.

Like other manufacturers, Furniture Brands has suffered from the lingering effects of the recession and foreign competition. The company had sales of about $1 billion in 2012, roughly half of what the company brought in a decade ago.

But the manufacturer's financial difficulties run deeper than the ups and downs of the business cycle. Furniture Brands hasn't made a profit in six years and analysts are predicting another loss in 2013. The company, which employs some 9,000 people in the U.S and abroad, also owes more than $200 million in unpaid pension obligations.

(Dow Jones Daily Bankruptcy Review covers news about distressed companies and those under bankruptcy protection. Go to http://dbr.dowjones.com)

Write to Patrick Fitzgerald at patrick.fitzgerald@wsj.com

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