Decatur diner Crescent Moon files for Ch. 11 bankruptcy

Posted on August 15, 2008 14:55 by Andy Peters

High gas prices and low consumer confidence have crimped Americans' eating-out habits. The downturn has hit the restaurant industry hard. Last month, the parent company of Bennigan’s and Steak & Ale, S&A Restaurant Corp., filed for liquidation.Crescent Moon

Now the problems have spread to the local restaurant business. Crescent Moon, a popular diner that features retro décor and comfort food fare, has filed for bankruptcy. Crescent Moon has three locations – in the One West Court Square building on Ponce de Leon Avenue in downtown Decatur, Ga.; in Northlake Mall in north DeKalb County; and near the Mall of Georgia in Gwinnett County.

Crescent Moon’s parent company, Global Restaurant Group LLC, filed for Chapter 11 reorganization last month in the U.S. Bankruptcy Court for the Northern District of Georgia. Atlanta bankruptcy attorney Paul Reece Marr is advising Global Restaurant Group.

Although Crescent Moon continues to operate its restaurants, the landlord of its downtown Decatur property has sought the bankruptcy court's permission to start eviction proceedings on Crescent Moon. The landlord claims in a court document that Crescent Moon did not pay its June rent. Arnall Golden Gregory partner James A. Gober and associate Michael F. Holbein are counsel to the landlord, an entity called 06-QCC-0110 LLC. Ackerman & Co. was listed as the landlord in a lease document from 2000 that is included in the court filings.

Jones & Walden partner Leon S. Jones is counsel to Alternative Dining Inc. of Atlanta, which holds title to an estimated $700,000 worth of Crescent Moon’s furniture, fixtures and equipment. Hays & Potter partner James W. Hays is advising Decatur First Bank, which holds title on about $350,000 worth of furniture, fixtures and equipment.

Crescent Moon is renting from Alternative Dining and Decatur First Bank these items, among others: an espresso machine, a dessert display case, ovens, sinks and gas frying machines.

Simpson Law Offices attorney James W. Martin in Atlanta is advising creditor U.S. Foodservice Inc.

Ronald M. Tucker is advising Simon Property Group Inc., owner of Northlake Mall. Tucker is in-house counsel with Simon Property Group.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at janet.conley@incisivemedia.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at andy.peters@incisivemedia.com.

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