• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI

2

The stock market is about to suffer a 'snapback' and will lose much of this year's gains as 'speculation is hitting extreme levels,' BofA warns

3

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living

1

Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI

2

The stock market is about to suffer a 'snapback' and will lose much of this year's gains as 'speculation is hitting extreme levels,' BofA warns

3

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
TechTerm Sheet

Startups Rarely File for Bankruptcy. Could that Change?

By
Erin Griffith
Erin Griffith
Down Arrow Button Icon
By
Erin Griffith
Erin Griffith
Down Arrow Button Icon
April 21, 2017, 10:28 AM ET
Boom With A View by Erin Griffith: Social Media
Illustration by Aleksandar Savic
Add Fortune on Google for similar content.

This article first appeared in Term Sheet, Fortune’s newsletter on deals and dealmakers. Sign up here.

Plastc, a company that raised millions from crowdfunders with the promise of revolutionizing payments, has shut down.

On its own, this is not notable. Young startups with big dreams and piles of crowdfunding cash fail all the time. But this one isn’t just ceasing operations. According to a notice posted to the company’s website, it is “exploring options” to file for bankruptcy. Two things to note:

“Pretty taboo in the valley”

There is an increasing willingness of venture-backed companies to go through bankruptcy.

Normally when startups shut down, bankruptcy is pointless for a few reasons: With young software companies, there are usually no assets to reorganize. What’s more, venture backers and founders would rather not glorify their failure with an embarrassing public auction. And lastly, bankruptcy is expensive. If the company is truly out of money, who will pay for it? Not the venture backers – even if there are assets to liquidate, the equity holders would be last to get paid anyway. “Their muscle memory is to avoid Chapter 11 at all costs,” says Jeff Cohen, a partner at Lowenstein Sandler. “It’s pretty taboo in the Valley to use the term Chapter 11.” (To be clear: Plastc filed for Chapter 7 liquidation, not Chapter 11.)

But bankruptcy is becoming increasingly appealing for two reasons: One, the increase of asset-based lenders. Startups that took out debt with little collateral beyond their massive valuations need to at least try to cover those loan obligations. Especially in high-profile cases, Cohen says. “There is a larger group of activist attorneys that, if you don’t pursue the right path, will come after you,” he says. Further, depending on the state, sudden shutdowns resulting in mass layoffs without severance payments could result in personal liability for executives, which a bankruptcy process can help avoid.

And two, assets. Patent portfolios and customer lists are increasingly seen as valuable assets for a startup that might not have any physical assets. Firms like Boston’s Hilco Streambank specialize in monetizing these assets. “It used to be an afterthought asset, and now it’s a value driver in Chapter 11,” Cohen says.

“A signature away from closing”

The second thing that makes Plastc’s failure notable is that it represents another wrinkle in a tale that may as well be called “Danger: Crowdfunding!” Enthusiastic backers have had to learn, one outrage at a time, that most forms of crowdfunding entitle them to very little. This was most notable when Oculus VR sold to Facebook in 2014. It seems quaint now, but the fans who contributed to Oculus’ Kickstarter campaign were quite angry when Facebook spent billions to acquire a product they were emotionally and financially invested in, making its founders and venture capital investors very rich and leaving early backers with nothing.

Three years and lots of consumer education later, crowdfunders understand that if they’re not getting equity, the company they’re backing owes them nothing – they had merely made a donation toward a very specific goal (in Oculus’s case, to ship its first developer kits, which it did).

But Plastc did not merely ask for donations towards the development of its universal credit card. The company took pre-orders for the card in the range of $135 to $155 a pop. (Reports claim it had amassed $9 million worth of pre-orders from 80,000 people, based on this Magnify Money article.) Unlike the recently failed Lily Drone, Plastc has not its offered pre-order customers a refund. The company went so far as to delete its social media accounts.

After many delays, Plastc’s product was promised to ship this quarter. The company had raised $7.7 million in venture backing and convertible debt from Grayhawk Capital, IncWell, Mitsubishi, Peninsula Ventures, and ZenStone Venture Capital, according to Crunchbase. It blames its failure on two venture capital deals that fell apart at the last minute. “The round was a signature away from closing and we were extremely caught off guard when they notified us yesterday they were backing out,” the company wrote. Now, pre-order customers are calling their credit card providers and attempting to get refunds on the charges, most of which were made two years ago.

There are so many tales of crowdfunding hardware woe out there that I’m surprised anyone opens their wallets for a cool-sounding idea with nothing more than a slick demo video anymore. At one point, Kickstarter hired an investigative journalist to find out what happened with a highly funded failed project; the journalist determined that crowdfunding sites should have “better mechanisms to identify weak projects before they fund, as well as new processes to provide mentorship, support and expert advice to newly-funded projects.”

For companies taking on risky hardware endeavors, crowdfunding is a way to gauge customer interest, get some PR, and build a community around your product. But communities of supporters can quickly turn on a company when things go wrong (especially in today’s era of online outrage spirals). In other words, it’s a risky proposition for both sides of the transaction.

Note: This article has been updated to cite Magnify Money’s reporting on Plastc’s pre-orders.

About the Author
By Erin Griffith
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

Exclusive: Xbox’s CEO on 3,200 layoffs, four studios cut, and her blunt warning that ‘we spread ourselves too thin’
Big TechMicrosoft
Exclusive: Xbox’s CEO on 3,200 layoffs, four studios cut, and her blunt warning that ‘we spread ourselves too thin’
By Sebastian HerreraJuly 6, 2026
3 hours ago
‘Our business today is not healthy’: 1,600 Xbox employees among the 4,800 laid off by Microsoft as it looks to ‘reset’ gaming division
Big TechMicrosoft
‘Our business today is not healthy’: 1,600 Xbox employees among the 4,800 laid off by Microsoft as it looks to ‘reset’ gaming division
By The Associated PressJuly 6, 2026
4 hours ago
EasyJet’s stock shows Castlelake bid is far from a done deal
InvestingEasyJet
EasyJet’s stock shows Castlelake bid is far from a done deal
By Kate Duffy and BloombergJuly 6, 2026
6 hours ago
Torsten Slok holds his hands apart as he speaks on stage.
AIProductivity
Top economist says AI just hasn’t delivered on the productivity hype—and it means a ‘painful repricing’ of markets is very possible
By Sasha RogelbergJuly 6, 2026
7 hours ago
In this photo illustration, a Microsoft logo is displayed on a smartphone with Artificial Intelligence (AI) symbols on the background.
AICFO Daily
Microsoft’s Frontier push aims to turn AI spending into measurable returns
By Sheryl EstradaJuly 6, 2026
8 hours ago
A businesswoman uses a smartphone in modern conference room.
NewslettersFortune Workplace Innovation
The tech attention crisis has hit the workplace. One company thinks AI is the cure
By Kristin StollerJuly 6, 2026
8 hours ago

Most Popular

Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI
AI
Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI
By Marco Quiroz-GutierrezJuly 5, 2026
1 day ago
The stock market is about to suffer a 'snapback' and will lose much of this year's gains as 'speculation is hitting extreme levels,' BofA warns
Investing
The stock market is about to suffer a 'snapback' and will lose much of this year's gains as 'speculation is hitting extreme levels,' BofA warns
By Jason MaJuly 5, 2026
1 day ago
Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
Success
Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
By Preston ForeJuly 4, 2026
3 days ago
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
Law
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
By Wyatte Grantham-Philips and The Associated PressJuly 2, 2026
4 days ago
Gen Z was 'jaded about employment before we ever entered the workforce'—now psychologists say the stare has hardened into something worse
Economy
Gen Z was 'jaded about employment before we ever entered the workforce'—now psychologists say the stare has hardened into something worse
By Nick LichtenbergJuly 6, 2026
13 hours ago
Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
AI
Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
By Nick LichtenbergJuly 3, 2026
4 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.