Interior Define Lawsuit: Refunds, Havenly, and SVB Clawback

No class-action lawsuit against Interior Define has been identified in available reporting, and an Interior Define lawsuit is difficult to bring because the original company dissolved through an assignment for the benefit of creditors at the end of 2022 rather than filing for bankruptcy. Business of Home reported that the dissolution of Interior Define as a legal entity would “likely discourage potential litigation—but not necessarily rule it out.”1Business of Home. Interior Define Bankruptcy Questions Answered For most of the roughly 6,500 customers left with unfulfilled orders, the realistic path to recovery has not been a courtroom but a payment dispute through Affirm or a credit card issuer.2Business of Home. Interior Define’s Customers Are Angry. What’s Going On?

Why There Is No Bankruptcy Case to Sue Into

Interior Define did not file for federal bankruptcy. Instead, it used an Illinois assignment for the benefit of creditors, or ABC, a nonjudicial wind-down in which an insolvent company hands its remaining assets to an assignee who liquidates them and distributes any proceeds. The accounting firm Armanino was appointed assignee, with Donlin Recano serving as claims agent.3The Brunswick News. Silicon Valley Bank Was Repaid Millions by Distressed Custom Furniture Retailer Interior Define Before Both Collapsed

The ABC took effect on December 31, 2022, the same day CEO Antonio Nieves stepped down.4Chicago Tribune. After Months of Delay, Thousands of Interior Define Customers May Finally Get Their Furniture. Thousands More Probably Won’t Because there is no active corporate defendant with assets, a lawsuit against Interior Define itself has little to collect against.

Filing a Claim and What Recovery to Expect

Customers with unfulfilled orders were told to file claims with the assignee by a deadline of approximately June 29–30, 2023. The outlook was flat from the start. In a notice published on January 30, 2023, Armanino stated plainly that it did not believe any funds would be available for distribution to unsecured creditors, the category most retail customers fall into.5Chicago Tribune. Silicon Valley Bank Was Repaid Millions by Distressed Custom Furniture Retailer Interior Define Before Both Collapsed

The math explains the outlook. Interior Define left behind roughly $96 million in liabilities.6Business of Home. Why Havenly Bought Interior Define Secured lenders sat ahead of customers in line, and the estate had little left after they were paid.

Whether Havenly Can Be Held Responsible

Havenly, an online interior-design platform, acquired Interior Define’s brand and intellectual property through a foreclosure completed on December 29, 2022, using a $3.95 million loan it had extended to keep the company running during the wind-down. The structure of the deal is important for anyone considering legal action: Havenly bought the name and product line, not the debts. It was not legally obligated to fulfill pre-foreclosure orders.5Chicago Tribune. Silicon Valley Bank Was Repaid Millions by Distressed Custom Furniture Retailer Interior Define Before Both Collapsed

Havenly did negotiate with logistics vendors to release inventory stuck in transit and, according to the Chicago Tribune, delivered roughly half of the overdue orders. Customers whose orders had not yet reached the factory floor were far less likely to see their furniture arrive.7Business of Home. Interior Define Sells Assets to Havenly The relaunched Interior Define under Havenly is a separate legal entity from the one that took your order.

Getting Money Back Through Affirm or Your Credit Card

The clearer route to recovery for many buyers has been the payment side. A significant share of Interior Define customers financed their purchases through Affirm’s buy now, pay later service, and some were still making monthly payments on furniture that never arrived. One customer told Fox 26 Houston she was paying $388 a month for a sofa that never showed up.8Fox 26 Houston. Interior Define Customers Haven’t Received Furniture, Company Selling Business Another family financed an $8,000 purchase through Affirm and, after months of pushing for a refund, was eventually promised a full refund after initially receiving only a partial one.9CBS News Chicago. Buy Now, Pay Later

Affirm told media outlets that although it typically applies a 60-day dispute window, customers with outstanding Interior Define loans should contact its help center to initiate a dispute, which would pause all payments while the claim is reviewed.1Business of Home. Interior Define Bankruptcy Questions Answered One caveat worth knowing: experts interviewed by CBS News Chicago noted that buy now, pay later companies are not held to the same consumer-protection standards as credit card issuers, so refunds can be slower and harder to obtain.9CBS News Chicago. Buy Now, Pay Later If you paid by credit card, a chargeback through your card issuer for goods not delivered is generally the stronger consumer remedy.

The Silicon Valley Bank Payment and a Possible Clawback

One open legal question involves money that left the company shortly before the collapse. In the weeks leading up to the assignment, Interior Define paid down its secured debt from roughly $25 million to about $14 million, with the roughly $11 million difference going to Silicon Valley Bank, one of four secured lenders. That effectively paid off SVB’s loan in full just before Interior Define ceased operations.5Chicago Tribune. Silicon Valley Bank Was Repaid Millions by Distressed Custom Furniture Retailer Interior Define Before Both Collapsed

Some creditors raised the idea of forcing Interior Define into an involuntary Chapter 7 bankruptcy, which would give a court-appointed trustee power to pursue clawback actions against those payments as potential preferential transfers. As of the last available reporting, no such action had been filed.5Chicago Tribune. Silicon Valley Bank Was Repaid Millions by Distressed Custom Furniture Retailer Interior Define Before Both Collapsed That remains the one publicly discussed legal angle that could, in theory, bring assets back into the estate for creditors, including customers.

What to Do Now

If you never received your order, start with the payment method. Open a dispute with Affirm through its help center to pause payments, or file a chargeback with your credit card issuer if you paid by card. If you filed a claim with the assignee before the mid-2023 deadline, keep any confirmation, but do not count on a distribution given Armanino’s own guidance that unsecured creditors were unlikely to see funds.5Chicago Tribune. Silicon Valley Bank Was Repaid Millions by Distressed Custom Furniture Retailer Interior Define Before Both Collapsed Contacting Havenly’s customer service is worth trying if your order was in transit at the time of the foreclosure, since Havenly voluntarily released some of that inventory to buyers.