/raid1/www/Hosts/bankrupt/TCR

/raid1/www/Hosts/bankrupt/TCR_Public/170203.mbx T R O U B L E D C O M P A N Y R E P O R T E R Friday, February 3, 2017, Vol. 21, No. 33 Headlines 1250 OCEANSIDE: Lot Purchasers Can't Relitigate Admin Claim Issue 16532 ROYALTON: Seeks to Hire Brennan Manna as Legal Counsel 213 THAMES: Court Allows Cash Collateral Use Until Feb. 28 23 FARMS LLC: Seeks to Hire Ruff & Cohen as Legal Counsel 3490RT94 LLC: Hires Max Spann as Auctioneer 97 GRAND AVENUE: Ch.11 Trustee Hires Tarter Krinsky as Counsel ABRUZZO IV: Case Summary & 2 Unsecured Creditors AL CIBELLI: Names Brian Hofmeister as Attorney ALEX KODNEGAH: Seeks May 31 Extension of Plan Solicitation Period ALLEN CONSTRUCTION: Case Summary & 6 Unsecured Creditors ALLIED PORTABLES: Voluntary Chapter 11 Case Summary AMERICAN APPAREL: Founder's Case Pushes Lender to Sue Its Insurer AMERICAN CONSUMERS: Hires Chambliss Bahner as Bankruptcy Counsel AMERICAN CONSUMERS: Hires Husch Blackwell as Special Counsel AMERICAN CONSUMERS: Hires Mauldin & Jenkins as Accountant ATOPTECH INC: Hires Epiq as Claims and Noticing Agent AURORA GAS: Seeks to Hire Dan Dickinson as Accountant AVAYA INC: U.S. Trustee Forms 7-Member Committee B.C. GRAND: Names Michael Robl as Reorganization Counsel BEN HOGAN GOLF: Fort Worth Golf Club Maker Enters Chapter 11 BENJAMIN AND BENT: Hires Kittrell as Accountant BENJAMIN EYE: Hires Brian Wright & Associates as Counsel BERNARD L. MADOFF: J. Ezra Merkin Fails To Stop Clawback Lawsuit BLUE STAR: Hires SKMB as Accountant BLUE STAR: Hires Sparrow as Financial Advisor BRUCE FINDER: Wants to Use Fifth Third Bank Cash Collateral CHADHAM HOMEOWNERS: Taps Wean & Malchow as Special Counsel CHC GROUP: D'Rozario Joins CHC Helicopter as Regional Director CHICO HEALTH: Court Allows Prepetition Cash Management System COCRYSTAL PHARMA: Interim Chief Financial Officer Quits COMPREHENSIVE PHYSICIANS: Taps Rosenberg Law as Special Counsel CONDO 64: Seeks to Hire Tomasetti Kulas as Accountant CONNECT TRANSPORT: Committee Taps Ritchie Brothers as Auctioneer CONSOLIDATED ALLOYS: Hires Daniels & Taylor as Counsel COPIA INVESTING: Hires Bankruptcy Legal Center as Counsel CORE RESOURCE: Hires Henry & Horne as Financial Advisor CRISPY DELIGHT: Seeks to Hire DGM Professional as Accountant CRSI INC: Seeks to Hire James F. Kahn as Legal Counsel CRYSTAL LAKE GOLF: Court Extends Cash Use Through Feb. 24 CTJH INVESTMENTS: Seeks to Hire Tarbox Law as Legal Counsel CUMULUS MEDIA: Stockholders OK Issuance of Class A Common Shares CURTIS JAMES JACKSON: Files Adversary Complaint Against Reed Smith DACCO TRANSMISSION: Seeks to Hire Jones Day as New Legal Counsel DAKOTA PLAINS: Hires Carlson Advisors as Accountant DAKOTA PLAINS: Hires James Thornton as Special Counsel DAKOTA PLAINS: Hires Whitley Penn as Auditor DALE PROPERTIES: Court Says NO to Cash Collateral Use DEWEY & LEBOEUF: Steven Davis Might Be Called on Witness Stand DYNEGY INC: Exits Chapter 11 Restructuring EAST BAY DRY: Taps David W. Steen as Legal Counsel EIDOLON BRANDS: Seeks to Hire Bonds Ellis as Legal Counsel EL REFUGIO: Taps Rick Ted Martin as Real Estate Broker EMERALD GRANDE: Seeks to Hire Realcorp as Real Estate Broker EMERY RESOURCE: Hires Lawrence Buhler as Special Counsel EXCELLENCE HOLDING: Amends 2050 Irlo's Compensation Terms FAHEY EXTERIORS: Wants Fahey to Continue as Managing Member FANTASY ACES: Files for Ch. 7 After Botched Sale to Fantasy Draft FARR ENTERPRISES: Wants to Use Cash, Says Scotts Have No Lien FEAST HOUSE: Allowed to Use IRS Cash Collateral Until March 22 FOUR SEASONS LANDSCAPE: Taps Smith Conerly as Legal Counsel FRANK W. KERR: Hires UHY Advisors as Tax Consultants GAGON OIL: Seeks to Hire Broege Neumann as Legal Counsel GAINESVILLE HOSPITAL: U.S. Trustee Forms 5-Member Committee GARDEN FRESH: Taps Tim Boates of RAS Management as CRO GARLOCK SEALING: Court Approves Asbestos Settlement Agreement GARLOCK SEALING: Restructuring of Enpro's Coltec Completed GATEWAY ENTERTAINMENT: Hires Hill Barth as Accountant GFD CONSTRUCTION: Case Summary & 16 Largest Unsecured Creditors GM OILFIELD: Court Allows Cash Collateral Use on Final Basis GOLFSMITH INTERNATIONAL: Plan Filing Period Extended Thru May 12 GRACE UNLIMITED: Case Summary & 20 Largest Unsecured Creditors GRACIOUS HOME: Wants $3-Mil. DIP Loan From Gracious Home Lending GRAFTON FRASER: Richter Advisory Named CCAA Monitor GURKARN DIAMOND: Hires Orchid Global as Property Manager GYMBOREE CORP: CEO Steps Down Amid Debt Woes HAGERSTOWN BLOCK: Can Continue Using Cash Until April 30 HEAVENLY VISION: Has Until March 31 to File Plan of Reorganization HEBREW HEALTH: Can Use Cash Collateral on Interim Basis HEBREW HEALTH: Seeks to Hire Zangari Cohn as New Labor Counsel HIS GRACE OUTREACH: Hires Robert Fox as Counsel HOMER CITY GENERATION: Hires Epiq as Administrative Advisor HOMER CITY GENERATION: Hires PJT Partners as Investment Banker HOMER CITY GENERATION: Hires Richards Layton & Finger as Counsel HOMER CITY GENERATION: Hires Zolfo Cooper's Boken as CRO IMPLANT SCIENCES: Investors Has Conditional OK To Sue Lenders INSIGHTRA MEDICAL: Wants $750,000 DIP Loan From GPB Life Science IOWA HEALTHCARE: Can Use Cash Collateral Through Feb. 6 JOHN Q. HAMMONS: Court Extends Cash Collateral Use to Dec. 31 JOHN Q. HAMMONS: Says Rift with JD Holdings to Delay Plan Filing JOHNSON LAWN: Seeks to Hire Nick Clark as Real Estate Broker K&H RESTAURANT: Hires Gabriel Del Virginia as Attorney KANE CLINICS: Accountant Files Disclosure of Disinterestedness LAMPLIGHT CONDOMINIUM: Taps Lloyd Langhammer as Special Counsel LEAP FORWARD GAMING: Seeks to Hire Bosma Group as Accountant LEHMAN BROTHERS: JP Morgan to Pay Post-Bankruptcy Estate $797.5M LEHMAN BROTHERS: QVT Financial Fights for $265MM Claim LIMITED STORES: Seeks to Hire Guggenheim as Investment Banker LIMITED STORES: Seeks to Hire Klehr Harrison as Legal Counsel LIMITED STORES: Seeks to Hire RAS Management, Appoint CRO LIMITED STORES: Taps Donlin Recano as Administrative Agent LONG BEACH HOMEMAKERS: Hires Merritt Hagen as Special Counsel LONG BEACH HOMEMAKERS: Taps Michael Schneider as Accountant LONG BROOK: Hires DeLibro Realty as Realtor LUCKY DUCK: Hires Henry Petersen as Accountant LYNEIL MITCHELL: Case Summary & 4 Unsecured Creditors MACIEJ PAINT: Hires Steven B. Nosek, PA as Attorneys MAPLE BANK: Claims Bar Date Set for February 28 MARTIN SMITH: Must Not Escape Tax Liabilities, IRS Tells Court MAXUS ENERGY: Retirees' Committee Hires Akin Gump as Counsel MAXUS ENERGY: Retirees' Panel Hires Ashby & Geddes as Co-counsel MIAMI NEUROLOGICAL: CNB Wants to Prohibit Continued Cash Use MOLYCORP INC: Auction for Mountain Pass Mine to Open with $40M MOSAIC MANAGEMENT: Seeks to Extend Plan Exclusivity Thru March 3 MRI INTERVENTIONS: Terminates Effectiveness of 2016 S-1 Prospectus MRN HOMES GEORGIA: Seeks Authorization to Use Cash Collateral N & B MANAGEMENT: U.S. Trustee Unable to Appoint Committee NATURAL MOLECULAR: Trustee Taps Favret Demarest as Special Counsel NATURESCAPE HOLDING: Ch. 11 Receiver Hires Rush Moore as Attorney NAUTILUS DEVELOPMENT: Has Until Feb. 28 to Use Cash Collateral NEVADA GAMING: Seeks to Hire Reisman Sorokac as Special Counsel NEXT COMMUNICATION: Hires AM Law LLC as Attorneys NORTEL NETWORKS: Says SNMP Research's IP Claim Unsupportable NORTH CENTRAL FLORIDA YMCA: Can Use Cash Collateral Until Feb. 2 NORTHEAST ENERGY: Hires Michael Henny as Counsel NORTHERN MEADOWS: Plan Filing Period Extended Through April 21 OLIVE BRANCH: Allowed to Use Cash Collateral Through March 31 OPTIMA SPECIALTY: Committee Taps Squire Patton as Legal Counsel OPTIMA SPECIALTY: Committee Taps Whiteford as Delaware Counsel OSBORN RESTAURANT: Capital Fund Asks Court to Prohibit Cash Use OTS CAPITAL: Hires Armstrong Nix as Special Counsel OTS CAPITAL: Seeks to Hire CBC Metro as Broker PANCH TIRTH: Hires Richard D. Scott as Bankruptcy Counsel PATSCO L.P.: Lynches Buying Munhall Property for $195K PBA EXECUTIVE: Court Allows Use of Swift Financial Cash PELICAN PARTNERS: Hires Shorty and DeT as Counsels PEREGRINE FINANCIAL: Embezzlement Victims Fight to Recoup Money PHOTOMEDEX INC: Has Until March 10 to Regain NASDAQ Compliance PUERTO RICO: Passes Bill Freezing Debt Payments Until May 1 PURE FOODS: Taps Resurgence Financial as Restructuring Officer R&B VENTURES: Court Allows Use of Chantry Cash Collateral RAIN TREE HEALTHCARE: Taps Gordon & Melun as Legal Counsel REDSKINS GRILLE: Hires Sands Anderson as Counsel RESIDENTIAL CAPITAL: Homeowner Fights for Damages Against Trust ROUST CORP: Expects to Declare Ch.11 Plan Effective by Feb. 10 RUBICON TECHNOLOGY: Recieves Delisting Notice From NASDAQ SCHROEDER BROTHERS: Committee Taps DeWitt Ross as Legal Counsel SEATRUCK INC: Hires BDO USA as Accountant SILVER CREEK INVESTMENTS: Can Use Bank of DeSoto Cash Collateral SOUTHERN TAN: Authorized to Use IRS Cash Collateral STANFORD GROUP: Receiver Can't Pursue Exempt Assets, Court Says STONE ENERGY: Satterfield Discloses 8.1% Equity Stake as of Dec. 31 STRATEGIC ASSET: Taps Michael W. Carmel as Legal Counsel STRINGER FARMS: Hires Forshey & Prostok as Attorneys STRINGER FARMS: Hires Young & Newsom as Litigation Counsel STYLE XPRESS: Has Authorization to Use Cash Collateral SUN PROPERTY: Cronin to Render Services for Tax Years 2013 to 2018 SUPREME CEILING: SunTrust Seeks to Prohibit Cash Collateral Use SUSAN'S INC: Hires Dulin Ward as Accountant T&C GYMNASTICS: Lessor's Bid to Withdraw Reference Denied TARA RETAIL: Kanawha Commissioners to File Claim, Hit Delay TCC GENERAL: Wants Approval for Cash Collateral Use TENKORIS LLC: Seeks Court Approval to Hire WCI as Broker TERRANOVA LANDSCAPES: Taps Berger Fischoff to Hire Legal Counsel TITANS OF MAVERICKS: Surfing Event Files for Ch. 11 to Sell TUMBLEWEED CENTER: U.S. Trustee Forms 2-Member Committee UNITED MOBILE: Can Continue Using Cash Collateral Until Feb. 28 UP FIELDGATE: Can Use Cash Collateral Until February 24 VANGUARD NATURAL: Files for Ch. 11 After Plan Deal Reached VINH PHAT: Hires IbisViews as Expert Witness VIOLIN MEMORY: Creditors' Panel Hires DAK as Financial Advisor WASHINGTON MUTUAL: Trust to Make $19M Cash Distribution WET SEAL LLC: Case Summary & 30 Largest Unsecured Creditors WET SEAL LLC: Files for Chapter 11 Bankruptcy Protection WHEEL AND TIRE: Hires Michael J. O'Connor as Counsel WHISKEY ONE: Hires Hogan Companies as Exclusive Broker WK CAPITAL: Seeks to Hire JP Weigand as Realtor WORKING ENTERPRISES: Buys Matrix Stake as Part of Reorganization WTE-S&S AG: Can Use State Bank of Chilton Cash Until March 31 XTERA COMMUNICATIONS: Court Approves $10.5MM Sale to H.I.G. Unit YOGA SMOGA: Committee Taps CBIZ as Financial Advisor YOGA SMOGA: Committee Taps Klestadt Winters as Legal Counsel [*] CFPB Sues Debt Relief Attorneys for Collecting Illegal Fees [*] J Pegues Joins Huron's Healthcare Practice as Managing Director [*] Jenner & Block Names Appellate & Sup. Court Practice Co-Chairs [*] SIPC Warns Investors About Scam Involving Misuse of Name [^] BOOK REVIEW: Hospitals, Health and People ********* 1250 OCEANSIDE: Lot Purchasers Can't Relitigate Admin Claim Issue ----------------------------------------------------------------- In WILLIAM BATISTE AND VIRGINIA BATISTE, AS TRUSTEES OF THE WILLIAM AND VIRGINIA BATISTE REVOCABLE TRUST DATED JANUARY 23, 2001; RICHARD L. DVORAK AND TERESA D. DVORAK, AS TRUSTEES OF THE RICHARD L. DVORAK LIVING TRUST, JENNIE ANN FREIMAN, INDIVIDUALLY AND AS TRUSTEE OF THE JENNIE ANN FREIMAN PROFIT SHARING PLAN; STUART H. MENDEL, INDIVIDUALLY AND AS TRUSTEE OF THE JENNIE ANN FREIMAN PROFIT SHARING PLAN, Plaintiffs, v. SUN KONA FINANCE I, LLC; JOHN AND JANE DOES 1-15; DOE PARTNERSHIPS 1-15; DOE CORPORATIONS 1-15; and DOE ENTITIES 1-15, Defendants, Civ. No. 15-00397 ACK-KSC (D. Haw.), Judge Alan C. Kay of the United States District Court for the District of Hawaii adopts in part and modifies in part the Proposed Findings and Recommended Decision on Cross-Motions for Summary Judgment issued by United States Bankruptcy Judge Robert J. Faris on November 2, 2016. William Batiste and Virginia Batiste, as trustees of the William and Virginia Batiste Revocable Trust dated January 23, 2001; Richard L. Dvorak and Teresa D. Dvorak, as trustees of the Richard L. Dvorak Living Trust; Jennie Ann Freiman, individually and as trustee of the Jennie Ann Freiman Profit Sharing Plan; and Stuart H. Mendel, individually and as trustee of the Jennie Ann Freiman Profit Sharing Plan, and Defendant Sun Kona Finance I, LLC, were previously creditors in the Chapter 11 bankruptcy case styled as, In re 1250 Oceanside Partners, Case No. 13-00353 (Bankr. D. Haw. 2013). The bankruptcy case arose in relation to a real estate development called Hokuli02bba. The Plaintiffs, trustees of various trusts and profit sharing plans, purchased lots at the Project. Following the Bank of Scotland's declaration of default against the developer in 2008, the Plaintiffs and other lot purchasers filed suit in the Circuit Court of the Third Circuit of the State of Hawaii against the developers in connection with the failed Project. 1250 Oceanside commenced Chapter 11 bankruptcy proceedings in 2013. The Plaintiffs filed a complaint and demand for jury trial in the Circuit Court of the First Circuit of the State of Hawaii, asserting, among other things, that SKFI breached a settlement term sheet entered into in the bankruptcy case of 1250 Oceanside by opposing the Plaintiffs' request for $250,000 in attorneys' fee. The case was removed to the district court and, at Magistrate Judge Chang's recommendation, referred the case to the bankruptcy court which, in November 2016, issued a Recommended Decision recommending that the District Court grant summary judgment in favor of the Defendant in all claims. Judge Kay held that it is unnecessary to determine whether or not a breach occurred. Even assuming the Plaintiffs could prevail on the other elements of breach of contract, the Plaintiffs cannot establish how they were injured as required by the sixth element because the parties have already litigated before the bankruptcy judge the issue of the administrative expenses due to the Plaintiffs, including whether an offer to increase the unsecured creditors' fund was made. Judge Kay also pointed out that the bankruptcy court has already ultimately agreed with the Debtors and determined that the Plaintiffs' counsel did not make a substantial contribution to the case after the November 2013 offer and declined to grant counsel any award for that period. The bankruptcy court, however, has already determined that for the time prior to the November 2013 offer, an administrative expense claim of $55,000 was appropriate for counsel's contribution to the case. Judge Kay held that because the Plaintiffs failed to appeal the Administrative Expense Decision, which constituted a final, appealable order, the Plaintiffs are collaterally estopped from relitigating the issues in this case in service of their breach of contract claim. A full-text copy of Judge Kay's January 12, 2017, Order is available at https://is.gd/XrV2xm from Leagle.com. William Batiste, Plaintiff, represented by A. Bernard Bays, Bays Lung Rose & Holma. William Batiste, Plaintiff, represented by Christian D. Chambers, Esq. -- CChambers@LegalHawaii.com -- Bays Lung Rose & Holma. Virginia Batiste, Plaintiff, represented by A. Bernard Bays, Esq. -- ABB@LegalHawaii.com -- Bays Lung Rose & Holma & Christian D. Chambers, Bays Lung Rose & Holma. Jennie Ann Freiman, Plaintiff, represented by A. Bernard Bays, Bays Lung Rose & Holma & Christian D. Chambers, Bays Lung Rose & Holma. Stuart H. Mendel, Plaintiff, represented by A. Bernard Bays, Bays Lung Rose & Holma & Christian D. Chambers, Bays Lung Rose & Holma. Richard L. Dvorak, Plaintiff, represented by A. Bernard Bays, Bays Lung Rose & Holma & Christian D. Chambers, Bays Lung Rose & Holma. Teresa D. Dvorak, Plaintiff, represented by A. Bernard Bays, Bays Lung Rose & Holma & Christian D. Chambers, Bays Lung Rose & Holma. Sun Kona Finance I, LLC, Defendant, represented by Allison A. Ito, Wagner Choi & Verbrugge, James A. Wagner, Wagner Choi & Verbrugge & Neil J. Verbrugge, Wagner Choi & Verbrugge. About 1250 Oceanside Partners 1250 Oceanside Partners, Front Nine, LLC, and Pacific Star Company, LLC, owners of the 1,800-acre Hokuli'a luxury real estate development near Kona on the island of Hawaii, sought Chapter 11 protection (Bankr. D. Hawaii Lead Case No. 13-00353) on March 6, 2013, in Honolulu. The Debtors were formed by developer Lyle Anderson and were part of his development "empire", which included developments in Hawaii, Arizona, New Mexico and Scotland. The secured lender, Bank of Scotland, declared a default and obtained control of the Debtors in January 2008. Development of the property, which has 3.5 miles of waterfront on the Kona coast, stopped after the developers were declared in default under the loan. Oceanside and Front Nine own most of the land within the Hokuli'a project, which is the principal development. Pacific Star owns the land referred to as "Keopuka", near Hokuli'a. The Hokuli'a was to have 730 residential units, an 18-hole golf course, club and other amenities. The Debtors say their assets are worth $68.1 million while they are jointly liable to $625 million of debt to Sun Kona Finance LLC, which acquired the Hawaii loan from Bank of Scotland. Simon Klevansky, Esq., Alika L. Piper, Esq., and Nicole D. Stucki, Esq., at Klevansky Piper, LLP, represent the Debtor in its restructuring effort. They replaced the law firm of Gelber, Gelber & Ingersoll as general counsel. A creditors committee was not appointed in the case. James A. Wagner, Esq., and Allison A. Ito, Esq., at Wagner Choi & Verbrugge, represent creditor Sun Kona Finance I, LLC, as counsel. 1250 Oceanside Partners on May 12, 2014 won court approval of a reorganization plan that would turn over ownership to its secured lender. Sun Kona would provide a $65 million exit facility to help make payments under the plan and to fund the reorganized company when it leaves court protection. The Debtors' Third Amended Joint Plan of Reorganization became effective July 1, 2014. 16532 ROYALTON: Seeks to Hire Brennan Manna as Legal Counsel ------------------------------------------------------------ 16532 Royalton Road, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Ohio to hire legal counsel in connection with its Chapter 11 case. The Debtor proposes to hire Brennan, Manna & Diamond, LLC to give legal advice regarding its duties under the Bankruptcy Code, assist in negotiations in connection with any potential sale of its assets, prepare a bankruptcy plan, and provide other legal services. The hourly rates charged by the firm are: Michael Steel, Partner $305 Duriya Dhinojwala, Partner $275 Associate Attorney $215 Law Clerk $85 Michael Steel, Esq., disclosed in a court filing that the firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Michael A. Steel, Esq. Brennan, Manna & Diamond, LLC 75 East Market Street Akron, OH 44308 Phone: (330) 374-7471 Fax: (330) 374-7472 Email: masteel@bmdllc.com About 16532 Royalton Road 16532 Royalton Road, LLC, a limited liability company in Ohio, owns a commercial building located at 16532 Royalton Road, Strongsville, Ohio, that is used for lease as a restaurant. Scott A. Brown is the managing member of the Debtor and owns 100% of its shares as trustee of the Scott A. Brown Revocable Trust dated May 4, 2010. The Debtor sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ohio Case No. 17-50170) on January 26, 2017. The petition was signed by Scott A. Brown, manager. The case is assigned to Judge Alan M. Koschik. At the time of the filing, the Debtor estimated its assets and liabilities at $1 million to $10 million. No trustee, examiner or official committee of unsecured creditors has been appointed. 213 THAMES: Court Allows Cash Collateral Use Until Feb. 28 ---------------------------------------------------------- Judge James J. Tancredi of the U.S. Bankruptcy Court for the District of Connecticut authorized 213 Thames, Inc. to use the cash collateral of Dime Savings Bank and RCN Capital, LLC on an interim basis, from Feb. 1, 2017 through Feb. 28, 2017. Dime Savings Bank and RCN Capital both claim a duly perfected, non-avoidable security interest in the Debtor's property in Groton and Gales Ferry, Connecticut, including cash collateral associated with the real properties. The Debtor was authorized to use up to $9,400 for the expenses and other items provided for in its Budget. The approved Budget for February 2017, provides for total expenses in the amount of $8,437. Judge Tancredi acknowledged that it is essential to the Debtor's business and operations to use cash generated from its rental payments from its properties so as to continue to pay ordinary course business expenses. He further acknowledged that without authority to use the collateral, the Debtor will suffer harm and be forced to terminate operations and abort any chance for successful reorganization. Dime Savings Bank and RCN Capital were granted replacement liens in all after-acquired property of the Debtor, of equal extent and priority to that each secured creditor enjoyed with regard to the said property as of the Petition Date. The Debtor was directed to make monthly adequate protection payments in the amount of $500 to Dime Savings Bank, and $300 to RCN Capital. The Debtor was further directed to provide the secured creditors with a monthly register report from all DIP accounts showing all disbursements made for the prior 30 days on the 15th of each month, beginning September 15, 2016. A hearing on the continued use of cash collateral is scheduled on Feb. 16, 2017 at 2:00 p.m. A full-text copy of the Interim Order, dated Jan. 26, 2017, is available at http://bankrupt.com/misc/213Thames2015_1521002_182.pdf About 213 Thames, Inc. 213 Thames, Inc., filed a chapter 11 petition (Bankr. D. Conn. Case No. 15-21002) on June 5, 2015. The petition was signed by John Syragakis, president. The Debtor is represented by Peter L. Ressler, Esq., at Groob Ressler & Mulqueen. The Debtor estimated assets at $100,001 to $500,000 and liabilities at $50,001 to $100,000 at the time of the filing. 23 FARMS LLC: Seeks to Hire Ruff & Cohen as Legal Counsel --------------------------------------------------------- 23 Farms, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Florida to hire legal counsel in connection with its Chapter 11 case. The Debtor proposes to hire Ruff & Cohen, P.A. to give legal advice regarding its duties under the Bankruptcy Code, assist in the preparation of a bankruptcy plan, and provide other legal services. Lisa Cohen, Esq., the attorney designated to represent the Debtor, will be paid an hourly rate of $300. Her legal assistant will be paid $80 per hour. The firm does not represent any interest adverse to the Debtor's bankruptcy estate, according to court filings. Ruff & Cohen can be reached through: Lisa Caryl Cohen, Esq. Ruff & Cohen, P.A. 4010 Newberry Road, Suite G Gainesville, FL 32607 Tel: 352 / 376-3601 Fax: 352 / 378-1261 Email: LisaCohen@bellsouth.net About 23 Farms LLC 23 Farms, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N. D. Fla. Case No. 17-10015) on January 20, 2017. The petition was signed by Joey D. Langford, II, managing member. The case is assigned to Judge Karen K. Specie. At the time of the filing, the Debtor estimated its assets at $1 million to $10 million. 3490RT94 LLC: Hires Max Spann as Auctioneer ------------------------------------------- 3490RT94, LLC, seeks authority from the U.S. Bankruptcy Court for the District of New Jersey to employ Max Spann Real Estate & Auction Company as Auctioneer to the Debtor. 3490RT94, LLC, requires Max Spann to conduct a public auction sale of the Debtor's assets located at 3490 Route 94, Hardyston, New Jersey. Max Spann will be paid 10% buyer's premium paid by the purchaser at the time of closing. Maximillian M. Spann, Jr., member of Max Spann Real Estate & Auction Company, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Max Spann can be reached at: Maximillian M. Spann, Jr. MAX SPANN REAL ESTATE & AUCTION COMPANY 1325 Route 31 South Annandale, NJ 08801 About 3490RT94, LLC 3490RT94, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 16-32067) on November 17, 2016. The petition was signed by Kirk Allison, manager. The case is assigned to Judge Vincent F. Papalia. At the time of the filing, the Debtor estimated assets of less than $1 million and liabilities of less than $100,000. 97 GRAND AVENUE: Ch.11 Trustee Hires Tarter Krinsky as Counsel -------------------------------------------------------------- Deborah J. Piazza, the Chapter 11 Trustee of 97 Grand Avenue LLC, seeks authority from the U.S. Bankruptcy Court for the Southern District of New York to employ Tarter Krinsky & Drogin LLP as counsel to the Debtor. The Trustee requires Tarter Krinsky to: a. negotiate with counsel for 97 Grand Avenue Brooklyn, LLC and all other creditors; b. preserve the value of the Debtor's real property pending a sale or other disposition; c. prepare and file pleadings necessary for the successful administration of the Debtor's case; d. file a chapter 11 plan and sale motion to sell the Debtor's real property, to the extent appropriate; e. investigate the Debtor's operations and cash management from at least December 28, 2015 through the present; and f. prepare all necessary motions, applications, orders and other legal documents that may be required under the Bankruptcy Code in connection with the Debtor's case and any adversary proceedings commenced in this case. Tarter Krinsky will be paid at these hourly rates: Attorneys $485-$650 Associate $295-$585 Legal Assistant $225-$285 Tarter Krinsky will also be reimbursed for reasonable out-of-pocket expenses incurred. Deborah J. Piazza, member of Tarter Krinsky & Drogin LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Tarter Krinsky can be reached at: Deborah J. Piazza, Esq. TARTER KRINSKY & DROGIN LLP 1350 Broadway, 11th Floor New York, NY 10018 Tel (212) 216-8000 E-mail: dpiazza@tarterkrinsky.com About 97 Grand Avenue LLC An involuntary chapter 7 petition (Bankr. S.D.N.Y. Case No. 15-13367) was commenced against 97 Grand Avenue LLC by petitioning creditor Chun Peter Dong on December 28, 2015. At the Debtor's behest, the Hon. Sean H. Lane entered an order dated April 13, 2016, converting the Involuntary Case to a voluntary chapter 11 proceeding. The Debtor is a single asset real estate company with its primary asset is the real property identified as 97-101 Grand Avenue and 96 Steuben Street, Brooklyn, New York 11205. Judge Lane has approved the appointment of Deborah J. Piazza, Esq., as the Chapter 11 Trustee for 97 Grand Avenue, LLC. ABRUZZO IV: Case Summary & 2 Unsecured Creditors ------------------------------------------------ Debtor: Abruzzo IV, LLC 3130 Ohm Way Denver, CO 80209 Case No.: 17-10775 Type of Business: Single Asset Real Estate Chapter 11 Petition Date: February 1, 2017 Court: United States Bankruptcy Court District of Colorado (Denver) Judge: Hon. Thomas B. McNamara Debtor's Counsel: Todd G. Tallerday, Esq. ACCURATE LEGAL SERVICES, LLC 621 17th St., Ste. 1101 Denver, CO 80293 Tel: 303-656-6354 Fax: 303-223-3340 E-mail: ttallerday@gmail.com Total Assets: $725,000 Total Debts: $725,000 The petition was signed by Antonio Pasquini, president. A copy of the Debtor's list of two unsecured creditors is available for free at http://bankrupt.com/misc/cob17-10775.pdf AL CIBELLI: Names Brian Hofmeister as Attorney ---------------------------------------------- Al Cibelli Holdings, LLC seeks authorization from the U.S. Bankruptcy Court for the District of New Jersey to employ Brian W. Hofmeister as attorney. The Debtor requires Mr. Hofmeister to provide legal advice and all services necessary to achieve a successful reorganization or sale of assets. The firm will be paid at these hourly rates: Brian W. Hofmeister $425 Paralegal $195 The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. Mr. Hofmeister assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estate. Al Cibelli Holdings, LLC sought Chapter 11 bankruptcy protection (Bankr. N.J. Case No. 17-11319) on Jan. 23, 2017, and is represented by: Brian W. Hofmeister, Esq. LAW FIRM OF BRIAN W. HOFMEISTER, LLC 3131 Princeton Pike, Building 5, Suite 110 Lawrenceville, NJ 08648 Tel: (609) 890-1500 Fax: (609) 890-6961 E-mail: bwh@hofmeisterfirm.com ALEX KODNEGAH: Seeks May 31 Extension of Plan Solicitation Period ----------------------------------------------------------------- Alex Kodnegah, Inc. asks the U.S. Bankruptcy Court for the Southern District of California to extend the exclusive period to solicit acceptances to its proposed Chapter 11 Plan by 120 days from February 1, 2017 to May 31, 2017. The Debtor filed this case on August 3, 2016, and accordingly, the Debtor's Exclusive Period is until February 1, 2017. The Debtor contends that its goal in filing for bankruptcy is, with the Court's approval, to either (a) sell or refinance its real property located at 1229 Hollister Ave., San Diego, Calif. 92154 and (b) pay all approved claims filed against it from the proceeds of such sale or refinance. The Debtor further contends that any refinancing may result in the Debtor entering into a joint venture regarding such real property. The Debtor relates that it has timely filed a proposed disclosure statement and plan on December 5, 2016 and a hearing has been scheduled by the Court on January 26, 2017 for the determination as to the sufficiency of such Disclosure Statement and Plan. However, the Court has continued the hearing on the Disclosure Statement to February 16, 2017, and directed the Debtor to file a redlined Amended Disclosure Statement and Plan. At such, the Debtor expects the Court to either approve its Amended Disclosure Statement and Plan for mailing to all impaired creditors or to direct that further modifications be made. About Alex Kodnegah Alex Kodnegah, Inc., filed for Chapter 11 bankruptcy protection (Bankr. S. D. Calif. Case No. 16-04846) on Aug. 5, 2016. The petition was signed by Alex Kodnegah, president. The case is assigned to Judge Margaret M. Mann. At the time of the filing, the Debtor estimated its assets at $1 million to $10 million and debts at $100,000 to $500,000. The Debtor is represented by Bruce R. Babcock, Esq., at the Law Office of Bruce R. Babcock. ALLEN CONSTRUCTION: Case Summary & 6 Unsecured Creditors -------------------------------------------------------- Debtor: Allen Construction International, LLC 593 Roses Mill Road Milford, CT 06460 Case No.: 17-30134 Chapter 11 Petition Date: February 1, 2017 Court: United States Bankruptcy Court District of Connecticut (New Haven) Judge: Hon. Ann M. Nevins Debtor's Counsel: Joseph J. D'Agostino, Jr., Esq. ATTORNEY JOSEPH J. D'AGOSTINO, JR., LLC 1062 Barnes Road, Suite 304 Wallingford, CT 06492 Tel: (203) 265-5222 Fax: (203) 265-5236 E-mail: joseph@lawjjd.com Total Assets: $3.64 million Total Liabilities: $361,517 The petition was signed by Jesse Allen, managing member. A copy of the Debtor's list of six unsecured creditors is available for free at: http://bankrupt.com/misc/ctb17-30134.pdf ALLIED PORTABLES: Voluntary Chapter 11 Case Summary --------------------------------------------------- Debtor: Allied Portables, LLC PO Box 61809 Fort Myers, FL 33906 Case No.: 17-00865 Chapter 11 Petition Date: February 1, 2017 Court: United States Bankruptcy Court Middle District of Florida (Ft. Myers) Judge: Hon. Caryl E. Delano Debtor's Counsel: Michael C Markham, Esq. JOHNSON, POPE, BOKOR, RUPPEL & BURNS LLP Post Office Box 1100 Tampa, FL 33601-1100 Tel: 813-225-2500 Fax: 813-223-7118 E-mail: mikem@jpfirm.com Estimated Assets: $100,000 to $500,000 Estimated Liabilities: $1 million to $10 million The petition was signed by Connie L. Adamson, president, treasurer, authorized member. The Debtor did not include a list of its largest unsecured creditors when it filed the petition. A full-text copy of the petition is available for free at: http://bankrupt.com/misc/flmb17-00865.pdf AMERICAN APPAREL: Founder's Case Pushes Lender to Sue Its Insurer ----------------------------------------------------------------- Kat Sieniuc, writing for Bankruptcy Law360, reported that hedge fund and American Apparel, LLC lender Standard General LP has filed a lawsuit against Travelers Indemnity Co. of Connecticut in New York federal court for alleged breach of insurance contract in refusing to cover any portion of the expenses the hedge fund racked up while fighting a lawsuit brought by American Apparel, LLC's founder, Dov Charney, in California. According to Law360, Standard General claims that Travelers Indemnity has a duty to defend it against Mr. Charney's defamation claims. About American Apparel, LLC American Apparel Inc. is one of the largest apparel manufacturers in North America, employing 4,700 employees across 3 active manufacturing facilities, one distribution facility and approximately 110 retail stores in the U.S. American Apparel and its affiliates filed for Chapter 11 protection in October 2015, confirmed a fully consensual plan of reorganization in January 2016, and substantially consummated that plan on Feb. 5, 2016. Unfortunately, the business turnaround plan upon which the Debtors' plan of reorganization was premised failed. American Apparel LLC, along with five of its affiliates, again sought bankruptcy protection (Bankr. D. Del. Lead Case No. 16-12551) on Nov. 14, 2016, with a deal to sell the assets. The petitions were signed by Bennett L. Nussbaum, chief financial officer. As of the bankruptcy filing, the Debtors estimated assets and liabilities in the range of $100 million to $500 million each. As of the Petition Date, the Debtors had outstanding debt in the aggregate principal amount of approximately $215 million under their prepetition credit facility. Additionally, the Debtors have guaranteed one of its United Kingdom subsidiaries' obligations under a $15 million unsecured note due Oct. 15, 2020, court document shows. The Debtors have hired Laura Davis Jones, Esq. and James E. O'Neill, Esq., at Pachulski Stang Ziehl & Jones LLP as counsel; Erin N. Brady, Esq., Scott J. Greenberg, Esq., and Michael J. Cohen, Esq., at Jones Day as co-counsel; Berkeley Research Group, LLC as financial advisors; Houlihan Lokey as investment banker; and Prime Clerk LLC, as claims and noticing agent. An Official Committee of Unsecured Creditors is represented by lawyers at Bayard P.A. and Cooley LLP. * * * On November 14, 2016, the Debtors filed a motion to sell substantially all of their assets. On December 5, the Bankruptcy Court entered an order approving bidding and auction procedures in connection with such sale and on January 9-10, 2017, the Debtors conducted an auction. At the conclusion of this auction, the Debtors selected Gildan Activewear SRL as the Successful Bidder for the Debtors' intellectual property assets, wholesale inventory and certain equipment. In addition, the Debtors selected three Successful Bidders for certain of their non-residential unexpired leases. Gildan bought the intellectual property and other assets for $88 million. AMERICAN CONSUMERS: Hires Chambliss Bahner as Bankruptcy Counsel ---------------------------------------------------------------- American Consumers, Inc., d/b/a Shop-Rite Supermarkets, seeks authority from the U.S. Bankruptcy Court for the Eastern District of Tennessee to employ Chambliss Bahner & Stophel, P.C. as bankruptcy counsel to the Debtor. American Consumers requires Chambliss Bahner to: a. assist the Debtor in negotiations with its creditors, obtain the use of cash collateral, restructure its debts, file a plan or reorganization, and reorganize its business affairs; b. give the Debtor legal advice with respect to its power and duties in the continued operation of any business; c. prepare legal forms, pleadings, motions and other documents for filing in the Bankruptcy Court, assist and advise the Debtor regarding the preparation and filing of the schedules, statement of affairs, monthly reports and other schedules, lists and reports required to be filed by the Debtor; d. advise and assist the Debtor in the formulation and filing of a disclosure statement and a plan of reorganization in the bankruptcy case; e. examine and contest claims filed or asserted by creditors, and represent the Debtor in contested matters involving the extent, validity, valuation or allowance of claims; f. represent the Debtor in adversary proceedings brought by or against it; and g. render such other legal services as might properly be required by the Debtor. Chambliss Bahner will be paid at these hourly rates: Harold L. North Jr. $385 Jeffrey W. Maddux $290 Alexander McVeagh $255 Chambliss Bahner has retained the sum of $35,098 in their trust account pre-petition. The amount of $14,902 in fees and expenses has been paid to Chambliss Bahner pre-petition. Chambliss Bahner will also be reimbursed for reasonable out-of-pocket expenses incurred. Harold L. North Jr., member of Chambliss Bahner & Stophel, P.C., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Chambliss Bahner can be reached at: Harold L. North Jr., Esq. CHAMBLISS BAHNER & STOPHEL, P.C. 605 Chestnut St., Liberty Tower, Suite 1700 Chattanooga, TN 37450 Tel: (423) 756-3000 Fax: (423) 508-1244 E-mail: hnorth@chamblisslaw.com About American Consumers, Inc. American Consumers, Inc., dba Shop-Rite Supermarkets, based in Fort Oglethorpe, GA, filed a Chapter 11 petition (Bankr. E.D. Tenn. Case No. 17-10189) on January 17, 2017. The Hon. Nicholas W. Whittenburg presides over the case. Harold L North, Jr., Esq., at Chambliss Bahner & Stophel, P. C., to serve as bankruptcy counsel. In its petition, the Debtor estimated $1 million to $10 million in both assets and liabilities. The petition was signed by Todd Richardson, chief executive officer. AMERICAN CONSUMERS: Hires Husch Blackwell as Special Counsel ------------------------------------------------------------ American Consumers, Inc. dba Shop-Rite seeks authorization from the U.S. Bankruptcy Court for the Eastern District of Tennessee to employ Husch Blackwell LLP as special counsel, nunc pro tunc to January 17, 2017. The Debtor requires Husch Blackwell to continue to represent it in connection with: (a) the resolution issues with the IRS and three state taxing authorities relating to unpaid taxes; (b) specific litigation not brought pursuant to Chapter 5 of the Bankruptcy Code; (c) continued representation of the Debtor in labor and employment matters; (d) continued representation of the Debtor in corporate matters; and (e) representation of the Debtor in real estate lease negotiations. Husch Blackwell will be paid at these hourly rates: Steven R. Barrett, Partner $325 Alan L. Cates, Partner $420 Hillary L. Klein, Partner $325 Samantha A. Lunn, Senior Counsel $280 Rebecca C. Taylor, Associate $250 Andrea Stephenson, Associate $210 Amanda W. White, Paralegal $150 Husch Blackwell will also be reimbursed for reasonable out-of-pocket expenses incurred. Steven Barrett, partner of Husch Blackwell, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estate. Husch Blackwell can be reached at: Steven R. Barrett, Esq. HUSCH BLACKWELL LLP 736 Georgia Avenue, Suite 300 Chattanooga, TN 37402 Tel: (423) 757-5905 Fax: (423) 266-5499 E-mail: steve.barrett@huschblackwell.com American Consumers, Inc. dba Shop-Rite Supermarkets, based in Fort Oglethorpe, Ga., filed a Chapter 11 petition (Bankr. E.D. Tenn. Case No. 17-10189) on January 17, 2017. The Hon. Nicholas W. Whittenburg presides over the case. Harold L North, Jr., Esq., at Chambliss, Bahner & Stophel, P.C., serves as bankruptcy counsel. In its petition, the Debtor estimated $1 million to $10 million in both assets and liabilities. The petition was signed by Todd Richardson, chief executive officer. A list of the Debtor's 20 largest unsecured creditors is available for free at http://bankrupt.com/misc/tneb17-10189.pdf AMERICAN CONSUMERS: Hires Mauldin & Jenkins as Accountant --------------------------------------------------------- American Consumers, Inc., d/b/a Shop-Rite Supermarkets, seeks authority from the U.S. Bankruptcy Court for the Eastern District of Tennessee to employ Mauldin & Jenkins, LLC as accountant to the Debtor. American Consumers requires Mauldin & Jenkins to: a. assist in the keeping of books and records of the Debtor; b. prepare tax returns and any other financial statements that may be required and c. perform such other and further services as may become necessary in the course of the bankruptcy proceedings. Mauldin & Jenkins will be paid at these hourly rates: Andrew J. Glenn $350 Kyle Butler $340 Janet Beahm $300 John Boyer $245 Matt Hisey $205 Maggie Winters $150 The Debtor owes Mauldin & Jenkins $8,000 for services performed in December, and $12,000 for services performed in January up to the date of filing of the bankruptcy case. Mauldin & Jenkins will also be reimbursed for reasonable out-of-pocket expenses incurred. Andrew J. Glenn, member of Mauldin & Jenkins, LLC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Mauldin & Jenkins can be reached at: Andrew J. Glenn MAULDIN & JENKINS, LLC 537 Market Street, Suite 300 Chattanooga, TN 37402 Tel: (423) 756-6133 About American Consumers, Inc. American Consumers, Inc., dba Shop-Rite Supermarkets, based in Fort Oglethorpe, GA, filed a Chapter 11 petition (Bankr. E.D. Tenn. Case No. 17-10189) on January 17, 2017. The Hon. Nicholas W. Whittenburg presides over the case. Harold L North, Jr., Esq., at Chambliss Bahner & Stophel, P. C., to serve as bankruptcy counsel. In its petition, the Debtor estimated $1 million to $10 million in both assets and liabilities. The petition was signed by Todd Richardson, chief executive officer. ATOPTECH INC: Hires Epiq as Claims and Noticing Agent ----------------------------------------------------- Atoptech, Inc., seeks authorization from the U.S. Bankruptcy Court for the District of Delaware to retain Epiq Bankruptcy Solutions, LLC as claims and noticing agent, nunc pro tunc to the Petition Date. The Debtor requires Epiq to: a. prepare and serve required notices and documents in this chapter 11 case in accordance with the Bankruptcy Code and the Bankruptcy Rules in the form and manner directed by the Debtor and/or the Court, including: (i) notice of the commencement of the chapter 11 case and the initial meeting of creditors under section 341(a) of the Bankruptcy Code, (ii) notice of any claims bar date, (iii) notices of transfers of claims, notices of objections to claims and objections to transfers of claims, (iv) notices of any hearings on a disclosure statement and confirmation of the Debtor's plan or plans of reorganization, including under Bankruptcy Rule 3017(d), (vi) notice of the effective date of any plan, and (vii) all other notices, orders, pleadings, publications and other documents as the Debtor or Court may deem necessary or appropriate for an orderly administration of this chapter 11 case; b. maintain official copy of the Debtor's schedules of assets and liabilities and statements of financial affairs (collectively, the "Schedules"), listing the Debtor's known creditors and the amounts owedthereto; c. maintain (i) a list of all potential creditors, equity holders and other parties-in-interest and (ii) a "core" mailing list consisting of all parties described in Bankruptcy Rule 2002(i)-(k) and those parties that have fileda notice of appearance pursuant to Bankruptcy Rule 9010; update and make said lists available upon request by a party-in-interest or the Clerk; d. furnish a notice to all potential creditors of the last date for filing proofs of claim and a form for filing a proof of claim, after such notice and form are approved by the Court, and notifying said potential creditors of the existence, amount and classification of their respective claims as set forth in the Schedules, which may be affected by inclusion of such information (or the lack thereof, in cases where the Schedules indicate nodebt due to the subject party) on a customized proof of claim form provided to potential creditors; e. maintain a post office box or address for the purpose of receiving claims and returned mail, and processing all mail received; f. for all notices, motions, orders, or other pleadings or documents served, prepare and file or cause to file with the Clerk an affidavit or certificate of service within seven business days of service that includes (i) either a copy of the notice served or the docket number(s) and title(s) of the pleading(s) served; (ii) a list of persons to whom it was mailed (in alphabetical order) with their addresses; (iii) the manner of service; and (iv) the date served; g. process all proofs of claim received, including those received by the Clerk, check said processing for accuracy and maintain the original proofs of claim in a secure area; h. maintain the official claims register for the Debtor (collectively, the "Claims Register") on behalf of the Clerk; upon the Clerk's request, providing the Clerk with certified, duplicate unofficial Claims Registers; and specifying in the Claims Register the following information for eachclaim docketed: (i) the claim number assigned; (ii) the date received; (iii) the name and address of the claimant and agent, if applicable, whofiled the claim; (iv) the amount asserted; (v) the asserted classification(s) of the claim ( e.g., secured, unsecured, priority, etc.); (vi) the Debtor; and (vii) any disposition of the claim; i. implement necessary security measures to ensure the completeness and integrity of the Claims Registers and the safekeeping of the original claims; j. record all transfers of claims and provide any notices of such transfers as required by Bankruptcy Rule 3001(e); k. relocate, by messenger or overnight delivery, all of the court-filed proofs of claim to the offices of Epiq, not less than weekly; l. upon completion of the docketing process for all claims received to datefor each case, turn over to the Clerk copies of the Claims Register for the Clerk's review (upon the Clerk’s request); m. monitor the Court's docket for all notices of appearance, addresschanges, and claims-related pleadings and orders filed and make necessary notations on and/or changes to the claims register and any service or mailing lists, including to identify and eliminate duplicative names and addresses from such lists; n. identify and correct any incomplete or incorrect addresses in any mailing or service lists; o. assist in the dissemination of information to the public and respond to requests for administrative information regarding this chapter 11 case as directed by the Debtor or the Court, including through the use of a casewebsite and/or call center; p. if this chapter 11 case is converted to a case under chapter 7 of the Bankruptcy Code, contact the Clerk's office within three days of notice to Epiq of entry of the order converting the case; q. 30 days prior to the close of this chapter 11 case, to the extent practicable, request the Debtor submit to the Court a proposed order dismissing Epiq as Claims and Noticing Agent and terminate its services in such capacity upon completion of its duties and responsibilities and upon the closing of this chapter 11 case; r. within seven days of notice to Epiq of entry of an order closing the chapter 11 case, provide the Court the final version of the Claims Register as of the date immediately before the close of the chapter 11 case; and s. at the close of this chapter 11 case, box and transport all original documents, in proper format, as provided by the Clerk's office, to (i) the Federal Archives Record Administration, located at Central Plains Region, 200 Space Center Drive, Lee's Summit, Missouri. Epiq will be paid at these rates: Claim and noticing rates Clerical/Administrative Support $25-$45 Case Managers $70-$165 IT / Programming $65-$85 Consultant/Directors/Vice Presidents $160-$190 Solicitation Consultant $185 Executive Vice President -Solicitation $215 Executives No Charge Claims and Noticing Rates Printing $0.09 per image Personalization / Labels Waived Envelopes Varies by Size Postage / Overnight Delivery At cost E-Mail Noticing Waived Fax Noticing $0.05 per page Claim Acknowledgement Letter $0.01 per letter Publication Noticing Quoted at time of request Data Management Rates Data Storage Maintenance and Security $0.09 per record/month Electronic Imaging $0.10 per image Weblink Hosting Fee No charge CD- ROM (Mass Document Storage) Quoted at time of request On-Line Claim Filing No charge Call Center Rates Standard Call Center Setup No charge Call Center Operator $55 per hour Voice Recorded Message $0.34 per minute Other Services Rates Custom Software, Workflow and Review Resources Quoted at time of request eDiscovery Quoted at time of request, bundling pricing available VDR: Confidential On-Line Workspace Quoted at time of request Disbursement -- Check and/or Form 1099 Quoted at time of request Disbursement -- Record to Transfer Agent Quoted at time of request Prior to the Commencement Date, the Debtor provided Epiq a retainer in the amount of $25,000. Brian Karpuk, director at Epiq Bankruptcy Solutions, LLC, assures the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Epiq may be reached at: Brian Karpuk Epiq Bankruptcy Solutions, LLC 824 N. Market Street, Suite 412 Wilmington, DE 19801 Tel: +1 302 574 2600 About ATopTech ATopTech, Inc. -- http://www.atoptech.com/-- is in the business of IC physical design. ATopTech claims its technology offers the fastest time to design closure focused on advanced technology nodes. The use of state-of-the-art multi-threading and distributed processing technologies speeds up the design process, resulting in unsurpassed project completion times. ATopTech, Inc. sought Chapter 11 protection (Bankr. D. Del. Case No. 17-10111(MFW)) on Jan. 13, 2017. The petition was signed by Claudia Chen, vice president, finance. The case is assigned to Judge Mary F. Walrath. The Debtor estimated assets and liabilities in the range of $10 million to $50 million. ATopTech has retained Dorsey & Whitney as bankruptcy counsel and Cowen and Company as its investment banker. Wilson Sonsini Goodrich & Rosati, Professional Corporation, serves as corporate and transactional counsel to ATopTech. Grant Thornton serves as tax counsel; and Arnold & Porter serves as litigation counsel. Epiq Bankruptcy serves as claims and notice agent. AURORA GAS: Seeks to Hire Dan Dickinson as Accountant ----------------------------------------------------- Aurora Gas LLC seeks approval from the U.S. Bankruptcy Court for the District of Alaska to hire Dan Dickinson as its accountant. The primary tasks Mr. Dickinson will perform are the monthly state royalty and production tax returns and annual tax credit filings. Mr. Dickinson, a certified public accountant, does not represent any interest adverse to the Debtor's bankruptcy estate, according to court filings. Sugarland, Texas-based Aurora Gas LLC owns and operates gas-producing properties in Alaska and also engages in the exploration and development of gas properties. Erik LeRoy, Esq., at Erik Leroy P.C., on behalf of Aurora Well Service, LLC, Shirleyville Enterprises, LLC, and Tanks A Lot, Inc., filed an involuntary Chapter 11 bankruptcy petition against the Debtor (Bankr. D. Alaska Case No. 16-00130) on May 3, 2016. The Debtor is represented by David H. Bundy, P.C. On August 9, 2016, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. Erik Leroy P.C. serves as the committee's legal counsel. AVAYA INC: U.S. Trustee Forms 7-Member Committee ------------------------------------------------ William K. Harrington, the U.S. Trustee for Region 2, on Jan. 31, 2017, appointed seven creditors of Avaya Inc. to serve on the official committee of unsecured creditors. The committee members are: (1) Wistron Corporation Attn: Sumei Chang 21F, No. 88, Sec. 1 Hsintai 5th Road, Hsichih New Taipei City, Taiwan 22181, R.O.C. Tel: +886266122366 Fax: +886266122395 E-mail: Sumei_Chang@wistron.com (2) Pension Benefit Guaranty Corporation Attn: Michael Strollo, Financial Analyst, Corporate Finance & Restructuring 1200 K Street, N.W. Washington, D.C. 20005-4026 Tel: (202) 326-4070 ext. 4907 Fax: (202) 842-2643 E-mail: strollo.michael@pbgc.gov (3) Communication Workers of America Attn: Jody Calemine, General Counsel 501 3rd Street, N.W. Washington, D.C. 20001 Tel: (202) 434-1150 E-mail: jcalemine@cwa-union.org (4) Flextronics Telecom Systems, Ltd. Attn: Steven Jackman, Vice President and General Counsel Level 3, Alexander House 35 Cybercity Ebene, Mauritius Tel: (408) 577-2301 E-mail: steve.jackman@flextronics.com (5) AT&T Services, Inc. Attn: James W. Grudus, Assistant Vice President-Senior Legal Counsel One AT&T Way Room 3A115 Bedminster, NJ 07921 Tel: (908) 234-3318 Fax: (832) 213-0157 E-mail: jg5786@att.com (6) SAE Power Inc. and SAE Power Company Attn: Colm Campbell, President 950 S. Bascom Avenue San Jose, CA 95128 Tel: (408) 307-8253 Fax: (408) 872-1483 E-mail: ccampbell@saepower.com (7) Network-1 Technologies, Inc. Attn: Corey M. Horowitz, Chairman and CEO 445 Park Avenue Suite 912 New York, NY 10022 Tel: (917) 692-0000 E-mail: Corey@Network-1.com Official creditors' committees have the right to employ legal and accounting professionals and financial advisors, at a debtor's expense. They may investigate the debtor's business and financial affairs. Importantly, official committees serve as fiduciaries to the general population of creditors they represent. About Avaya Avaya Inc., together with its affiliates, is a multinational company that provides communications products and services, including, telephone communications, internet telephony, wireless data communications, real-time video collaboration, contact centers, and customer relationship software to companies of various sizes. The Avaya Enterprise serves over 200,000 customers, consisting of multinational enterprises, small- and medium-sized businesses, and 911 services as well as government organizations operating in a diverse range of industries. It has approximately 9,700 employees worldwide as of Dec. 31, 2016. Avaya sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 17-10089) on Jan. 19, 2017. Seventeen Avaya affiliates also filed separate petitions, signed by Eric S. Koza, CFA, chief restructuring officer, on January 19, 2017. Judge Stuart M. Bernstein presides over the cases. The Debtors have hired Kirkland & Ellis LLP as legal counsel, Centerview Partners LLC as investment banker, Zolfo Cooper LLC as restructuring advisor, PricewaterhouseCoopers LLP as auditor, KPMG LLP as tax and accountancy advisor, The Siegfried Group, LLP as financial services consultant. The Debtors reported assets of $5.52 billion and debts of $6.35 billion as of Sept. 30, 2016. B.C. GRAND: Names Michael Robl as Reorganization Counsel -------------------------------------------------------- B.C. Grand, LLC seeks authorization from the U.S. Bankruptcy Court for the Northern District of Georgia to employ Michael D. Robl and Robl Law Group LLC as reorganization counsel. Robl Law will be paid at these hourly rates: Michael D. Robl $350 Lelena Kassa, Paralegal $150 Partners $350 Associates and Of-Counsel $300 Paralegals $150 Robl Law will also be reimbursed for reasonable out-of-pocket expenses incurred. Michael D. Robl assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estate. Robl Law can be reached at: Michael D. Robl, Esq. ROBL LAW GROUP LLC 3754 Lavista Road, Suite 250 Tucker, GA 30084 Tel: (404) 373-5153 Fax: (404) 537-1761 E-mail: michael@roblgroup.com About B.C. Grand, LLC B.C. Grand, LLC, a single asset real estate business based in Atlanta, Georgia, filed a chapter 11 petition (Bankr. N.D. Ga. Case No. 17-50094) on January 2, 2017. The petition was signed by Charles E. Johnson, Sr., authorized representative. The Debtor is represented by Michael D. Robl, Esq., at Robl Law Group LLC. The Debtor disclosed total assets of $17.03 million and total debt of $4.13 million. The Debtor owns certain real property consisting of a ten story office building in downtown Atlanta, Georgia, located at 44 Broad Street, NW, Atlanta, Georgia 30303, which is commonly known as The Grant Building. The Grant Building is one of the oldest high-rise buildings in downtown Atlanta. Its architects were sent to study the styles of commercial architecture being constructed in Chicago in the late 1800s, and the building is modeled on those styles, with construction completed in the year 1898. The building has a historic facade and lobby, and has been utilized recently as a location for filming television shows. BEN HOGAN GOLF: Fort Worth Golf Club Maker Enters Chapter 11 ------------------------------------------------------------ Golf club maker The Ben Hogan Golf Equipment Co. has filed for Chapter 11 bankruptcy. The Ben Hogan Golf Equipment Company is based in Fort Worth, Texas, and manufactures premium golf clubs and golf bags. The company was started in 1953 by golfer Ben Hogan, one of only five men to win all four major tournaments at least once. The Company on Jan. 3 announced that it is going through a period of re-tooling and right-sizing in an effort to become more nimble and profitable in the highly competitive golf equipment business. The reorganization initiative included "the reduction of a large percentage of the exempt and non-exempt workforce, some of whom will be rehired as contract employees." "Reports of our death have been greatly exaggerated", said Scott White, President and CE, on Jan. 3. "While our organization does not look the same today as it did in 2016, we are confident that the changes we are making will make us a stronger and better company in the future". Still, the Company filed a Chapter 11 petition (Bankr. N.D. Tex. Case No. 17-40301) on Jan. 28, 2017. The case judge is the Hon. Mark X. Mullin. Bonds Ellis Eppich Schafer Jones is serving as bankruptcy counsel. The Debtor estimated assets and debt of $1 million to $10 million. Among its top creditors are Perry Ellis International, which licensed the Hogan name to the company, owed $267,500, and Conti Edgecliff-Sias LLC, its landlord in south Fort Worth, owed $77,256.74. According to DallasNews.com, the Company, backed by Corbett Capital in Fort Worth, brought the revered Hogan name back to the marketplace two years ago under the leadership of industry veteran Terry Koehler. Last August, according to the report, Koehler was replaced as president and CEO by Scott White, who previously worked as an executive at both Callaway Golf and TaylorMade. On Jan. 3, DallasNews relates, about 30 workers were laid off, leaving less than 10 employees at its facility near Interstate 35 and Interstate 20 in south Fort Worth. BENJAMIN AND BENT: Hires Kittrell as Accountant ----------------------------------------------- Benjamin and Bent Enterprises, LLC, seeks authority from the U.S. Bankruptcy Court for the District of South Carolina to employ Robert Kittrell, PC, as accountant to the Debtor. Benjamin and Bent requires Kittrell to: a. provide the Debtor-in-Possession with tax and financial advice with respect to its continued management and control of its assets, and its responsibilities regarding liabilities to its creditors; b. provide financial advice to the Debtor-In-Possession regarding its responsibility to file monthly operating repots with the bankruptcy Court, to pay quarterly fees to the U.S. Trustee's Office, to seek and receive through its attorney consent of the bankruptcy Court to incur debt or sell property, and other related matters; c. assist in the preparation of tax filings, financial reports, as well as any other necessary applications, reports, or tax documents relative to the Chapter 11 case. Kittrell will be paid as follows: -- Preparation of Quarterly Financials $2,800 -- Budget Preparations $1,150 Kittrell has provided accounting services to the Debtor in the past, and the Debtor has an outstanding balance of $41,175 owing to Kittrell as of October 25, 2016, the petition date. Kittrell has agreed to waive and release the Debtor of any liabilities owed as of the petition date, if the application is approved by the bankruptcy Court. Kittrell will also be reimbursed for reasonable out-of-pocket expenses incurred. Robert Kittrell, member of Robert Kittrell, PC., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Kittrell can be reached at: Robert Kittrell ROBERT KITTRELL, PC. 1841 Peeler Road, Suite A Dunwoody, GA 30338 Tel: (770) 396-4222 About Benjamin and Bent Enterprises, LLC Benjamin and Bent Enterprises, LLC dba Rick Bent Flooring filed a Chapter 11 petition (Bankr. D.S.C. Case No. 16-05349), on October 25, 2016. The petition was signed by Louis Benjamin, president. The case is assigned to Judge John E. Waites. The Debtor's counsel is Philip L. Fairbanks, Esq., Philip L. Fairbanks, Esq., P.C. At the time of filing, the Debtor estimated assets at $100,000 to $500,000 and liabilities at $1 million to $10 million. The petition was signed by Louis Benjamin, president. BENJAMIN EYE: Hires Brian Wright & Associates as Counsel -------------------------------------------------------- Benjamin Eye Care, LLC seeks authorization from the U.S. Bankruptcy Court for the Northern District of Illinois to employ Brian Wright & Associates, PC as counsel. The Debtor requires the Firm to: a. consult with the Debtor concerning its powers and duties as the debtor in possession; proper maintenance and continuation of its business operations in Chapter 11; and its management of the financial and legal affairs of its estate; b. consult with the Debtor and where needed with other professionals concerning the negotiation, formulation, preparation, and prosecution of a Chapter 11 plan and disclosure statement; c. confer and negotiate with the Debtor's creditors and other parties in interest as well as their respective attorneys and professional advisors concerning the Debtor's financial affairs and property, its Chapter 11 plan, claims against it, liens held by various creditors, and other aspects of this case; d. appear in court on behalf of the Debtor when required and prepare, file, and serve such applications, motions, complaints, notices, orders, reports, and other documents and pleadings as may be necessary in connection with this case; and e. provide other services as the Debtor may request and which may be necessary under the circumstances of this case. The Firm's lawyer who will work on the Debtor's case and his hourly rate is: Brian K. Wright $375 The Firm has received a retainer in the sum of $15,000 for services in connection with this Chapter 11 case. Brian K. Wright, Esq., of Brian Wright & Associates, P.C, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The Firm may be reached at: Brian K. Wright, Esq. Brian Wright & Associates, P.C. 437 W. State Street, Ste. 101 Sycamore, IL 60178 Tel: 815-895-2074 Fax: 847-600-4208 E-mail: bw@wrightandassociateslaw.com About Benjamin Eye Care Benjamin Eye Care, LLC filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 16-36409) on November 15, 2016. The Petition was signed by its Owner, Dr. Mark Benjamin. At the time of filing, the Debtor had less than $50,000 in estimated assets and $500,000 to $1 million in estimated liabilities. The Debtor is represented by Brian K Wright, Esq., at Brian Wright & Associates, P.C. The Debtor engaged Michael J. Davis, Esq., at BKN Murray LLP as co-counsel. BERNARD L. MADOFF: J. Ezra Merkin Fails To Stop Clawback Lawsuit ---------------------------------------------------------------- William Gorta, writing for Bankruptcy Law360, reports that a New York bankruptcy judge has rejected J. Ezra Merkin's attempt to avoid trial in a clawback lawsuit filed by Irving H. Picard, trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, involving hundreds of millions of dollars. The judge said Mr. Merkin was willfully blind to Bernie Madoff's Ponzi scheme, the report states. According to Law360, Mr. Picard filed a lawsuit against Mr. Merkin and related entities to recover preferential and fraudulent transfers from BLMIS. Law360 relates that several claims were dismissed and two defendants settled, leaving four counts for which Mr. Merkin sought summary judgment. About Bernard L. Madoff Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff orchestrated the largest Ponzi scheme in history, with losses topping US$50 billion. On Dec. 15, 2008, the Honorable Louis A. Stanton of the U.S. District Court for the Southern District of New York granted the application of the Securities Investor Protection Corporation for a decree adjudicating that the customers of BLMIS are in need of the protection afforded by the Securities Investor Protection Act of 1970. The District Court's Protective Order (i) appointed Irving H. Picard, Esq., as trustee for the liquidation of BLMIS, (ii) appointed Baker & Hostetler LLP as his counsel, and (iii) removed the SIPA Liquidation proceeding to the Bankruptcy Court (Bankr. S.D.N.Y. Adv. Pro. No. 08-01789) (Lifland, J.). Mr. Picard has retained AlixPartners LLP as claims agent. On April 13, 2009, former BLMIS clients filed an involuntary Chapter 7 bankruptcy petition against Bernard Madoff (Bankr. S.D.N.Y. 09-11893). The petitioning creditors -- Blumenthal & Associates Florida General Partnership, Martin Rappaport Charitable Remainder Unitrust, Martin Rappaport, Marc Cherno, and Steven Morganstern -- assert US$64 million in claims against Mr. Madoff based on the balances contained in the last statements they got from BLMIS. On April 14, 2009, Grant Thornton UK LLP as receiver placed Madoff Securities International Limited in London under bankruptcy protection pursuant to Chapter 15 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. 09-16751). The Chapter 15 case was later transferred to Manhattan. In June 2009, Judge Lifland approved the consolidation of the Madoff SIPA proceedings and the bankruptcy case. Judge Denny Chin of the U.S. District Court for the Southern District of New York on June 29, 2009, sentenced Mr. Madoff to 150 years of life imprisonment for defrauding investors in United States v. Madoff, No. 09-CR-213 (S.D.N.Y.). From recoveries in lawsuits coupled with money advanced by SIPC, Mr. Picard has commenced distributions to victims. As of Dec. 14, 2016, the SIPA Trustee has recovered more than $11.486 billion and, following the eight interim distribution in January 2017, will raise total distributions to approximately $9.72 billion, which includes more than $839.6 million in advances committed by SIPC. BLUE STAR: Hires SKMB as Accountant ----------------------------------- Blue Star Group, Inc., et al., seek authority from the U.S. Bankruptcy Court for the District of Maryland to employ SKMB, P.A. as accountant to the Debtor. Blue Star requires SKMB to: a. prepare the corporate, partnership, individual and personal tax returns; b. prepare financial statements for the year ending December 31, 2016; c. provide the Debtor tax services, litigation support services, auditing services, forensic services, projections, plan analysis, preference and avoidance action analysis, performance analysis, and other accounting and consulting services; and d. assist in the preparation of various forms and reports required to be filed with various regulatory authorities. SKMB will be paid at these hourly rates: Edward A. Bortnick $310 Henry Meadows $310 Peggy Liu $225 SKMB has been retained by the Debtors for 10 years to provide general accounting services. SKMB is an unsecured creditor of the Debtors with an outstanding balance of $1,062.00. The Debtors do not believe that this very small pre-petition claim creates an adverse interest since continued accounting services will allow the Debtors to continue to operate as Debtors-in-Possession and generate income to repay creditors of the estates. SKMB will also be reimbursed for reasonable out-of-pocket expenses incurred. Edward A. Bortnick, member of SKMB, P.A., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. SKMB can be reached at: Edward A. Bortnick SKMB, P.A. 11300 Rockville Pike, Suite 800 Rockville, MD 20852 Tel: (301) 468-7700 Fax: (301) 881-9243 About Blue Star Group Blue Star Group, Inc., Barwood, Inc., Checker Transportation Company, Inc., City Lease, Inc., Fleet Tech, Inc., and Silver Spring Transportation Company, each filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Lead Case No. 16-26548) on December 20, 2016. The petitions were signed by Lee Barnes, president. The cases are assigned to Judge Thomas J. Catliota. The Debtors are represented by Alan M. Grochal, Esq., Marissa K Lilja, Esq., and Joseph Michael Selba, Esq. of Tydings & Rosenberg, LLP. As of December 31, 2015, the Debtors and certain non-debtor driver partners had approximately $4.5 million in assets and approximately $5.4 million in liabilities. The Debtors have 57 employees as of the bankruptcy filing. In its petition, Blue Star Group listed under $50,000 in assets and under $10 million in liabilities. Barwood Inc. listed under $10 million in assets, and under $500,000 in liabilities. Fleet Tech listed under $100,000 in both assets and liabilities. The Debtors hire Suzanne Sparrow as financial advisor, SKMB, P.A. as accountant. BLUE STAR: Hires Sparrow as Financial Advisor --------------------------------------------- Blue Star Group, Inc., et al., seek authority from the U.S. Bankruptcy Court for the District of Maryland to employ Suzanne Sparrow as financial advisor to the Debtor. Blue Star requires Sparrow to: a. provide general accounting and bookkeeping services; b. prepare monthly operating reports; c. prepare monthly financial reports; d. compile and prepare required reports on an ad hoc basis; and e. assist with various day-to-day accounting matters Sparrow will be paid at the hourly rate of $75. Sparrow is an unsecured creditor of the Debtor with an outstanding balance of $2,733.75. The Debtors do not believe that the very small pre-petition claim creates an adverse interest since continued preparation of the financials will allow the Debtor to continue to operate as Debtor-In-Possession and generate income to repay creditors of the estates. Sparrow will also be reimbursed for reasonable out-of-pocket expenses incurred. Suzanne Sparrow, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Sparrow can be reached at: Suzanne Sparrow 6964 Banchory Court Alexandria, VA About Blue Star Group Blue Star Group, Inc., Barwood, Inc., Checker Transportation Company, Inc., City Lease, Inc., Fleet Tech, Inc., and Silver Spring Transportation Company, each filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Lead Case No. 16-26548) on December 20, 2016. The petitions were signed by Lee Barnes, president. The cases are assigned to Judge Thomas J. Catliota. The Debtors are represented by Alan M. Grochal, Esq., Marissa K Lilja, Esq., and Joseph Michael Selba, Esq. of Tydings & Rosenberg, LLP. As of December 31, 2015, the Debtors and certain non-debtor driver partners had approximately $4.5 million in assets and approximately $5.4 million in liabilities. The Debtors have 57 employees as of the bankruptcy filing. In its petition, Blue Star Group listed under $50,000 in assets and under $10 million in liabilities. Barwood Inc. listed under $10 million in assets, and under $500,000 in liabilities. Fleet Tech listed under $100,000 in both assets and liabilities. The Debtors hire Suzanne Sparrow as financial advisor, SKMB, P.A. as accountant. BRUCE FINDER: Wants to Use Fifth Third Bank Cash Collateral ----------------------------------------------------------- Bruce Finder Sales, Inc. seeks authorization from the U.S. Bankruptcy Court for the Northern District of Illinois to use cash collateral in which the Fifth Third Bank asserts liens. The Debtor intends to use cash collateral to pay the actual, necessary and ordinary expenses which are essential to maintain ongoing operation of its rental business and Property, particularly, to pay for maintenance and repairs, property insurance, real estate taxes, and other miscellaneous items needed in the ordinary course of business. As set forth in the Budget, the Debtor's use of cash collateral will preserve the value of the Debtor's assets and business, and allow the Debtor to manage its financial affairs in order effectuate an effective reorganization, thereby ensuring the interests of its creditors that assert an interest in both cash collateral and the Debtor's other assets. The Debtor prepares a budget that provides total monthly operating costs in the aggregate amount of $251,468. The Debtor tells the Court that without the use of cash, the Debtor will be unable to pay and satisfy its current operating expenses thereby resulting in immediate and irreparable harm and loss to the Debtor and its estate. Fifth Third Bank asserts a secured lien and claim against the all of the Debtor's Property, which purportedly secures a indebtedness of approximately $716,121. As adequate protection, the Debtor proposes to provide Fifth Third Bank: (a) The Debtor will permit Fifth Third Bank to inspect, upon reasonable notice, within reasonable hours, the Debtor's books and records; (b) The Debtor will maintain and pay premiums for insurance to cover all of its assets from fire, theft and water damage; (c) The Debtor will, upon reasonable request, make available to Fifth Third Bank evidence of that which purportedly constitutes its collateral or proceeds; (d) The Debtor will reserve sufficient funds for the payment of current real estate taxes relating to the Property; (e) The Debtor will properly maintain the Property in good repair and properly manage such Property; and (f) Fifth Third Bank will be granted valid, perfected, enforceable security interests in and to Debtor's post-petition assets, including all proceeds and products which are now or hereafter become property of this estate to the extent and priority of its alleged pre-petition liens, if valid, but only to the extent of any diminution in the value of such assets during the period from the commencement of the Debtor's Chapter 11 case through the next hearing on the use of cash collateral. A hearing on the Debtor's use of cash collateral will be held on January 30, 2017 at 9:30 a.m. A full-text copy of the Debtor's Motion, dated January 26, 2017, is available at https://is.gd/mfiSiC A copy of the Debtor's Budget is available at https://is.gd/7OfVMV About Bruce Finder Sales, Inc. Bruce Finder Sales, Inc. doing business as BFS Metals is a metal service center engaged in the sales of metal related products used in maintenance and construction industry for the past 26 years. Bruce Finder Sales, Inc. dba BFS Metals dba Chicago Plastic Supply filed a Chapter 11 petition (Bankr. N.D. Ill. Case No. 17-02122), on January 25, 2017. The petition was signed by Bradley Finder, president. The case is assigned to Judge Deborah L. Thorne. The Debtor is represented by Allan O. Fridman, Esq., The Law Offices of O. Allan Fridman. The Debtor disclosed $1.10 million in assets and $1.18 million in liabilities as of December 31, 2016. No party has requested the appointment of a trustee or examiner in these chapter 11 cases, and no committees have been appointed or designated. CHADHAM HOMEOWNERS: Taps Wean & Malchow as Special Counsel ---------------------------------------------------------- Chadham by the Sea Homeowners Association, Inc. seeks approval from the U.S. Bankruptcy Court for the Middle District of Florida to hire Wean & Malchow, P.A. as its special counsel. Wean & Malchow will advise the Debtor on the law regarding condominium and homeowners' associations, and represent the Debtor in a lawsuit involving New Smyrna Beach Preservation Trust, LLC in the Circuit Court of Volusia County. Wean & Malchow attorneys and paralegals will be paid $200 per hour and $100 per hour, respectively. Paul Wean, Esq., disclosed in a court filing that his firm does not represent any interest adverse to the Debtor or its bankruptcy estate. Wean & Malchow can be reached through: Paul L. Wean, Esq. Wean & Malchow, P.A. 646 East Colonial Drive Orlando, FL 32803 Tele: (407) 9999-7780 Fax: (407) 999-5291 Email: plwean@wmlo.com About Chadham By The Sea Homeowners Chadham By The Sea Homeowners Association, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 17-00520) on January 27, 2017. The case is assigned to Judge Karen S. Jennemann. At the time of the filing, the Debtor estimated assets of less than $100,000 and liabilities of less than $1 million. CHC GROUP: D'Rozario Joins CHC Helicopter as Regional Director -------------------------------------------------------------- CHC Group on Jan. 30, 2017, disclosed that Vincent D'Rozario has joined the company as Regional Director, Asia Pacific. Mr. D'Rozario will report to the President and CEO of CHC Group, Karl Fessenden, and will join the Global CHC Senior Leadership Team. CHC Helicopter Asia Pacific flies a fleet of more than 30 medium and heavy helicopters in Australia, Timor-Leste and Malaysia providing transfer services to oil and gas customers and search and rescue and emergency medical services to the community. Mr. D'Rozario joins CHC from Jacobs Engineering where he most recently served as Vice President-Asia since 2013, procuring and leading projects across the region in support of Shell, BP, Exxon Mobil and Chevron. Mr. D'Rozario has an Electrical Engineering degree from the University of Victoria and started his career as an Electrical Engineer working on a variety of oil and gas projects. He moved to Aker Kvaerner where he worked on multiple Engineering, Procurement and Construction (EPC) projects. From there, Vincent joined Global Process Systems as Asia Pacific Regional Director and General Manager in both Singapore and Indonesia. "Vincent brings an energetic, collaborative leadership style, outstanding customer service, and a strong understanding of project management. Vincent also brings a wealth of experience and knowledge initiating and managing partnerships across South East Asia," said Karl Fessenden, President and CEO of CHC Group. About CHC CHC Helicopter, celebrating 70 years of safety, innovation and service, is a global leader in enabling customers to go further, do more and come home safely, including oil and gas companies, government search-and-rescue agencies and organizations requiring helicopter maintenance, repair and overhaul services. About CHC Group Ltd. Headquartered in Irving, Texas, CHC Group Ltd. (OTC PINK: HELIQ) is a global commercial helicopter services company primarily servicing the offshore oil and gas industry. CHC maintains bases on six continents with major operations in the North Sea, Brazil, Australia, and several locations across Africa, Eastern Europe, and South East Asia. CHC maintains a fleet of 230 medium and heavy helicopters, 67 of which are owned by it and the remainder are leased from various third-party lessors. CHC Group Ltd. and 42 of its wholly-owned subsidiaries each filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No. 16-31854) on May 5, 2016. The Debtors hired Weil, Gotshal & Manges LLP as counsel, Debevoise & Plimpton LLP as special aircraft counsel, PJT Partners LP as investment banker, Seabury Corporate Advisors LLC as financial advisor, CDG Group, LLC, as restructuring advisor, and Kurtzman Carson Consultants LLC as claims and noticing agent. The Office of the U.S. Trustee on May 13, 2016, appointed five creditors of CHC Group Ltd. to serve on the official committee of unsecured creditors. The Creditors Committee's attorneys are Marcus A. Helt, Esq., and Mark C. Moore, at Gardere Wynne Sewell LLP, and Douglas H. Mannal, Esq., Gregory A. Horowitz, Esq., and Anupama Yerramalli, Esq., at Kramer Levin Naftalis & Frankel LLP. Angelo, Gordon & Co. and Cross Ocean Partners, which either hold claims or manage funds and accounts that hold claims against the Debtors' estates arising on account of the 9.25% Senior Secured Notes due 2020 issued under the Indenture, dated as of Oct. 4, 2010, by and among CHC Helicopter S.A., as issuer, each of the guarantors named therein, HSBC Corporate Trustee Company (UK) Limited, as collateral agent, and the Bank of New York Mellon, as indenture trustee, are represented by Jones Day. CHICO HEALTH: Court Allows Prepetition Cash Management System ------------------------------------------------------------- Judge Christopher D. Jaime of the U.S. Bankruptcy Court for the Eastern District of California authorized Chico Health Imaging, LLC to maintain a Prepetition Cash Management System, as well as Prepetition Bank Accounts. The Debtor is directed to: (1) maintain its Cash Management System and continue to use all of its Bank Accounts in existence as of the Petition Date; (2) treat the Bank Accounts for all purposes as debtor-in-possession accounts; (3) use, in their present form, existing checks and other documents related to the Bank Accounts; (4) pay post-petition ordinary course bank fees in connection with the Bank Accounts; (5) perform its obligations under the documents and agreements governing the Bank Accounts. Judge Jaime held that the Bank Accounts will be designated debtor-in-possession accounts by the Banks. The banks at which the Debtor maintains Bank Accounts are authorized to: (1) continue to administer, service, and maintain the Bank Accounts as such Accounts were administered, serviced, and maintained prior to the Petition Date, without interruption and in the usual and ordinary course; and (2) to pay any and all checks, drafts, wires, automated clearinghouse transfers, electronic fund transfers, or other items presented, issued, or drawn on the Bank Accounts on account of a claim arising on or after the Petition Date so long as there are sufficient collected funds in the relevant Bank Accounts and in accordance with the agreements governing said Bank Accounts, including, any prepetition cash management agreements or treasury services agreement. The Debtor is ordered to promptly furnish to the Banks a list of any Debits drawn or issued in payment of prepetition claims, the payment of which has been authorized by any order of the Court, and will issue stop payment orders for any prepetition Debits which the Debtor desires to be dishonored. The Banks are authorized to rely on the representations of the Debtor as to which Debits are authorized to be honored and dishonored, whether or not such Debits are dated prior to, on, or subsequent to the Petition Date, and whether or not the Banks believe the payment is authorized by an Order of the Court. A full-text copy of the Order, dated Jan. 26, 2017, is available at http://bankrupt.com/misc/ChicoHealth2017_1720247_85.pdf About Chico Health Imaging, LLC Chico Health Imaging, LLC, a California limited liability company formed in 2015 that operates in Chico, California. The company is owned by members Accellus Health, LLC, Fred Brandon, D.O., and Nonspecific Holdings, LLC. The Debtor is managed by Kenneth Woolley and Robert Woolley. The members of Accellus are Kenneth Woolley, Robert Woolley and Kestra, LLC, a Colorado limited liability company. The company owns and operates Chico Health Imaging ("CHI"), an imaging center located at 1555 Springfield Drive, Chico, California, which is equipped with the newest, state-of-the-art technology in MRI, CT, 3D Mammography, Ultrasound, DEXA, and X-ray. The Debtor provides necessary healthcare services to citizens of Chico and the surrounding community. CHI is managed by WIN4HIM, Inc., a company comprised of people who are and have been employed for more than thirty years as imaging diagnostics operations executives and/or involved in imaging diagnostics. Through such experience, WIN4HIM has acquired outstanding and special skills and abilities and an extensive background in and knowledge of CHI's business and the industry and, as a result, is more than equipped to provide the management services necessary to effectively operate CHI. Chico Health Imaging, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Cal. Case No. 17-20247) on Jan. 16, 2017. The Debtor is represented by Gerald M. Gordon, Esq. and Teresa M. Pilatowicz, Esq., at Garman Turner Gordon LLP. The case is assigned to Judge Christopher D. Jaime. At the time of the filing, the Debtor estimated its assets and liabilities at $1 million to $10 million. The Debtor has engaged Phil Rhodes, Esq., at Phil Rhodes Law Corp., as local counsel. COCRYSTAL PHARMA: Interim Chief Financial Officer Quits ------------------------------------------------------- Curtis Dale, interim chief financial officer of Cocrystal Pharma, Inc., tendered his resignation effective Jan. 24, 2017. The Company has initiated a search for a qualified replacement, as disclosed in a Form 8-K report filed with the Securities and Exchange Commission. About Cocrystal Pharma Cocrystal Pharma, Inc., formerly known as Biozone Pharmaceuticals, Inc., is a pharmaceutical company with a mission to discover novel antiviral therapeutics as treatments for serious and/or chronic viral diseases. Cocrystal Pharma employs unique technologies and Nobel Prize winning expertise to create first- and best-in-class antiviral drugs. These technologies and the Company's market- focused approach to drug discovery are designed to efficiently deliver small molecule therapeutics that are safe, effective and convenient to administer. The Company's primary business going forward is to develop novel medicines for use in the treatment of human viral diseases. Cocrystal has been developing novel technologies and approaches to create first-in-class and best-in-class antiviral drug candidates since its initial funding in 2008. Subsequent funding was provided to Cocrystal Discovery, Inc., by Teva Pharmaceuticals Industries, Ltd., or Teva, in 2011. The Company's focus is to pursue the development and commercialization of broad-spectrum antiviral drug candidates that will transform the treatment and prophylaxis of viral diseases in humans. By concentrating the Company's research and development efforts on viral replication inhibitors, the Company plans to leverage its infrastructure and expertise in these areas. Cocrystal Pharma reported a net loss of $50.1 million on $78,000 of grant revenues for the year ended Dec. 31, 2015, compared to a net loss of $99,000 on $9,000 of grant revenues for the year ended Dec. 31, 2014. As of Sept. 30, 2016, Cocrystal Pharma had $220.90 million in total assets, $53.07 million in total liabilities and $167.82 million in total stockholders' equity. COMPREHENSIVE PHYSICIANS: Taps Rosenberg Law as Special Counsel --------------------------------------------------------------- Comprehensive Physician Services, Inc. seeks approval from the U.S. Bankruptcy Court for the Middle District of Florida to hire Rosenberg Law, P.A. as special counsel. Rosenberg will provide legal services to the Debtor in connection with lawsuits filed on its behalf to resolve personal injury protection coverage issues with insurance companies. Bruce Rosenberg, Esq., disclosed in a court filing that his firm does not represent any interest adverse to the Debtor or its bankruptcy estate. The firm can be reached through: Bruce Rosenberg, Esq. Rosenberg Law, P.A. 2385 NW Executive Center Drive, Suite 100 Boca Raton, FL 33431 Phone: (561)-260-9100 About Comprehensive Physicians Services Based in Riverview, Florida, Comprehensive Physician Services, Inc., is a multi-disciplinary practice that specializes in the care of injury victims. Comprehensive Physician Services filed for Chapter 11 bankruptcy protection (Bankr. M.D. Fla. Case No. 16-09905) on Nov. 18, 2016. The petition was signed by Paul K. Christian, president. Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, P.A., serves as the Debtor's bankruptcy counsel. Judge Catherine Peek McEwen presides over the case, which is jointly administered with Mr. Christian's Chapter 11 case (Bankr. M.D. Fla. Case No. 16-09907) filed on Nov. 18, 2016. The Debtor estimated assets and liabilities between $500,001 and $1 million. No official committee of unsecured creditors is appointed in the case. CONDO 64: Seeks to Hire Tomasetti Kulas as Accountant ----------------------------------------------------- Condo 64, LLC seeks approval from the U.S. Bankruptcy Court for the District of Connecticut to hire an accountant. The Debtor proposes to hire Tomasetti Kulas & Company, P.C. to prepare and file its tax returns for years ending Dec. 31, 2015 and 2016. The hourly rates charged by the firm are: Partners $165 Managing Directors $165 Senior Managers $150 Managers $150 Junior Staff $125 The Debtor and Tomasetti have agreed that the firm will receive a maximum fee of $10,000, subject to court approval. Peter Kulas, a certified public accountant with Tomasetti, disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Peter Kulas Tomasetti Kulas & Company, P.C. 631 Farmington Avenue Hartford, CT 06105-2901 Phone: 860-231-9088 Fax: 860-231-9410 About Condo 64 LLC Condo 64, LLC, owner of 67 of the 112 condominium units and the leases and rents in connection therewith at the location known as 505-509 Burnside Avenue, East Hartford, filed a chapter 11 petition (Bankr. D. Conn. Case No. 15-21797) on Oct. 16, 2015. The petition was signed by Oliver C. Pinkard, managing member. The case is assigned to Judge Ann M. Nevins. The Debtor disclosed total assets at $4.6 million and total liabilities at $3.1 million at the time of the filing. The Debtor is represented by Kaitlin M. Humble, Esq. and Craig I. Lifland, Esq., at Halloran & Sage LLP. No trustee, examiner or creditors' committee has been appointed in the case. CONNECT TRANSPORT: Committee Taps Ritchie Brothers as Auctioneer ---------------------------------------------------------------- The official committee of unsecured creditors of Connect Transport, LLC and Murphy Energy Corp. seeks approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire an auctioneer. The committee proposes to hire Ritchie Brothers Auctioneers, Inc. to oversee an auction of the Debtors' transportation assets. The Debtors had earlier asked the court to approve the sale of the assets to FHG Energy, LLC. Court filings, however, showed that there are interested buyers besides FHG and that an auction of the assets would generate the largest return to the Debtors. Ritchie Brothers has not yet performed a thorough examination of its previous engagements but the firm believes that its employment with the Debtors would not create a conflict of interest. The details of Ritchie Brothers engagement will be provided in a filing that will include a form of engagement letter. The firm expects that it will receive payment upon completion of the sale of the assets to be sold. Ritchie Brothers maintains an office at: Ritchie Brothers Auctioneers, Inc. 4000 Pine Lake Road Lincoln, NE 68516 Tel: +1.402.421.3631 Fax: +1.402.421.1738 Toll Free: +1.800.428.9264 About Connect Transport Privately-held Connect Transport, LLC, provides transportation, storage, producer, and marketing services for crude oil, natural gas liquids, and condensates. Connect Transport and its affiliates filed for Chapter 11 bankruptcy protection (Bankr. N.D. Tex. Lead Case No. 16-33971) on Oct. 4, 2016. The affiliated debtors are Big Rig Tanker, L.L.C., MG Rolling Stock Land, L.L.C., Murphy Energy Corporation, Murphy Holdings, Inc., Port Allen Terminal, LLC, Port Hudson Terminal, LLC, Murphy Terminals, LLC, and Connect Terminals, LLC (Case Nos. 16-33972 to 16-33979). Connect Transport estimated assets of $500,000 to $1 million and liabilities of $50 million to $100 million. Murphy Energy Corp. estimated $100 million to $500 million in both assets and liabilities. The Debtors tapped Dykema Cox Smith as legal counsel. Houlihan Lokey Capital, Inc., serves as the Debtors' investment banker while Kurtzman Carson Consultants LLC serves as claims and noticing agent. The U.S. Trustee has formed an Official Committee of Unsecured Creditors. The Committee retained McCathern, PLLC, as counsel. The Committee also retained GlassRatner Advisory & Capital Group, LLC, as financial advisor. CONSOLIDATED ALLOYS: Hires Daniels & Taylor as Counsel ------------------------------------------------------ Consolidated Alloys, LLC seeks authorization from the U.S. Bankruptcy Court for the Northern District of Georgia to employ Daniels & Taylor, P.C. as counsel for Debtor. The Debtor requires Daniels & Taylor to: a. prepare pleadings, applications, and conduct examinations incident to administration of the case; b. develop status of the Debtor to claims of creditors; c. advise the Debtor of its rights, duties, and obligations as Debtor in Possession; d. any and all necessary actions incident to proper preservation and administration of the estate. The Debtor will compensate Tyler A. Moore of Daniels & Taylor at $300 per hour. The Debtor paid a retainer of $10,000 prior to the filing of this case. Daniels & Taylor will also be reimbursed for reasonable out-of-pocket expenses incurred. Tyler A. Moore, Esq., of Daniels & Taylor, PC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Daniels & Taylor may be reached at: Tyler A. Moore, Esq. Daniels & Taylor, PC 390 W. Crogan St., Suite 300 Lawrenceville, GA 30046 Tel: (770) 962-4070 Fax: (770) 513-8462 About Consolidated Alloys, LLC Consolidated Alloys, LLC filed a Chapter 11 bankruptcy petition (Bankr. N.D.Ga. Case No. 16-73201) on December 30, 2016. Tyler A. Moore, Esq., at Daniels & Taylor, PC serves as bankruptcy counsel. The Debtor's assets and liabilities are both below $1 million. COPIA INVESTING: Hires Bankruptcy Legal Center as Counsel --------------------------------------------------------- Copia Investing, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Arizona to employ Bankruptcy Legal Center(TM) and the Law Office of James F. Kahn, P.C., including James F. Kahn, Esq., and Krystal M. Ahart, Esq., as counsel to the Debtor. Copia Investing requires Bankruptcy Legal to: a. provide the Debtor general legal advice with respect to its powers and duties as Debtor-In-Possession and the continued operation of its business and the management of its property; b. prepare on behalf of the Debtor-In-Possession necessary applications, answers, orders, reports, and other legal papers including, emergency orders for the operation of the business applications and orders for use of cash collateral; and c. perform all other legal services for the Debtor as Debtor- In-Possession which may be necessary. Bankruptcy Legal will be paid at these hourly rates: Partners $400 Associates $250 Paralegal $175 Bankruptcy Legal will also be reimbursed for reasonable out-of-pocket expenses incurred. James F. Kahn, member of the Law Office of James F. Kahn, P.C., and Krystal M. Ahart, member of Bankruptcy Legal Center, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Bankruptcy Legal and Kahn can be reached at: James F. Kahn, Esq. Krystal M. Ahart, Esq. LAW OFFICE OF JAMES F. KAHN, P.C. BANKRUPTCY LEGAL CENTER 301 Bethany Home Road, Suite 195 Phoenix, AZ 85012 Tel: (602) 266-1717 Email: James.Kahn@azbar.org Krystal.Ahart@azbar.org About Copia Investing, LLC Copia Investing, LLC, filed a Chapter 11 bankruptcy petition (Bankr. D. Ariz. Case No. 17-00510) on January 18, 2017, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Bankruptcy Legal Center(TM) and the Law Office of James F. Kahn, P.C., including James F. Kahn, Esq., and Krystal M. Ahart, Esq. CORE RESOURCE: Hires Henry & Horne as Financial Advisor ------------------------------------------------------- Core Resource Management, Inc., seeks authority from the U.S. Bankruptcy Court for the District of Arizona to employ Henry & Horne, LLP as financial advisor to the Debtor. Core Resource requires Henry & Horne to: a. perform historic financial analyses on the Debtor's operations as well as assets and liabilities; b. assist the Debtor in preparing various financial information to be filed with the Court and distributed to creditors; c. review and assist in developing any pro-forma set of financial projections as prepared by the Debtor and provide comments and suggestions as necessary; d. assist the Debtor in selling or liquidating assets; e. assist the Debtor and counsel in preparing the Plan of Reorganization and Disclosure Statement; f. assist in any claims analyses, reconciliations and objections; g. prepare an expert reports regarding possible bankruptcy issues, if necessary; h. assist counsel and the Debtor on other bankruptcy analyses and planning; and i. provide other service mutually agreed upon between the Debtor and Henry & Horne. Henry & Horne will be paid at the hourly rate of $80-$355. Henry & Horne will also be reimbursed for reasonable out-of-pocket expenses incurred. Edward M. Burr, member of Henry & Horne, LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Henry & Horne can be reached at: Edward M. Burr HENRY & HORNE, LLP 2055 E Warner Road, Suite 101 Tempe, AZ 85284 Tel: (480) 839-4900 About Core Resources Management, Inc. Core Resources Management, Inc. was incorporated in Nevada on Feb. 17, 1999. The original company name was Apex Sports.com, Inc., and then after through several name changes the company became, Direct Pet Health Holdings, Inc. On Sept. 20, 2012, Direct Pet Health Holdings, Inc., then merged with Clark Scott LLC with the resulting corporation was named Core Resource Management, Inc being the surviving entity. Since its inception, Core Resources has been involved in the business of investing in cash flow positive opportunities. Upon completion of this process, approximately, $5 million were raised for what was a startup oil and gas company with no assets. The primary use case for the invested funds was to purchase royalties and working interest of existing oil and gas wells. Core Resources sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 16-06712) on June 13, 2016. The petition was signed by Dennis Miller, chief operating officer. The case is assigned to Judge Brenda K. Martin. Hauf PLC serves as counsel to the Debtor. Henry & Horne, LLP serves as financial advisor. At the time of the filing, the Debtor estimated its assets and debts at $1 million to $10 million. The U.S. Trustee on July 15, 2016, appointed three creditors to serve in the official committee of unsecured creditors in the Debtors' cases. Dickinson Wright PLLC serves as counsel to the committee. CRISPY DELIGHT: Seeks to Hire DGM Professional as Accountant ------------------------------------------------------------ Crispy Delight Corp. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire an accountant. The Debtor proposes to hire DGM Professional Corp. to prepare its monthly operating reports and other financial documents, and pay the firm an hourly rate of $300. George Matayev, an accountant employed with DGM, disclosed in a court filing that the firm is "disinterested" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: George Matayev DGM Professional Corp. 1733 Sheepshead Bay Road, Suite 27 Brooklyn, NY 11235 The Debtor is represented by: Alla Kachan, Esq. Law Offices Of Alla Kachan, P.C. 3099 Coney Island Avenue, 3rd Floor Brooklyn, NY 11235 Phone: (718) 513-3145 Email: alla@kachanlaw.com About Crispy Delight Corp. Crispy Delight Corp. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 17-40061) on January 6, 2017. The petition was signed by Olga Normatova, president. At the time of the filing, the Debtor estimated assets and liabilities of less than $500,000. No committee of unsecured creditors has been appointed in the Debtor's case. CRSI INC: Seeks to Hire James F. Kahn as Legal Counsel ------------------------------------------------------ CRSI Inc. seeks approval from the U.S. Bankruptcy Court for the District of Arizona to hire legal counsel. The Debtor proposes to hire Bankruptcy Legal Center James F. Kahn, P.C. to give legal advice regarding its duties under the Bankruptcy Code, and provide other legal services related to its Chapter 11 case. The hourly rates charged by the firm are: Partners $400 Associates $250 Paralegals $175 James F. Kahn and its attorneys are "disinterested" and have no connection with creditors, according to court filings. The firm can be reached through: James F. Kahn, Esq. Krystal M. Ahart, Esq. James F. Kahn, P.C. Bankruptcy Legal Center 301 E. Bethany Home Rd., Suite C-195 Phoenix, AZ 85012-1266 Phone: 602-266-1717 Fax: 602-266-2484 Email: James.Kahn@azbar.org Email: Krystal.Ahart@azbar.org About CRSI Inc. CRSI Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 17-00864) on January 27, 2017. At the time of the filing, the Debtor estimated assets of less than $1 million and liabilities of $1 million to $10 million. CRYSTAL LAKE GOLF: Court Extends Cash Use Through Feb. 24 --------------------------------------------------------- Judge Christopher J. Panos of the U.S. Bankruptcy Court for the District of Massachusetts extended Crystal Lake Golf Club, LLC's use of cash collateral through February 24, 2017. The Debtor's use of cash collateral and grant of adequate protection will be subject to the same terms and conditions as set forth in the Second Order, and will be limited to the extent required to pay actual and reasonable expenses incurred post-petition in the ordinary course of business in accordance with the approved budget. Judge Panos approved a budget which projects total expenses in the approximate amount of $8,550 for the month of January 2017 and $4,015 for the month of February 2017. A continued hearing on the Debtor's use of cash collateral is scheduled on February 24, 2017. A full-text copy of the Order, dated January 26, 2017, is available at https://is.gd/4dRQmr About Crystal Lake Golf Club LLC Crystal Lake Golf Club, LLC, filed a chapter 11 petition (Bankr. D. Mass. Case No. 16-41324) on July 27, 2016. The petition was signed by Michael J. Maroney, managing member. The case is assigned to Judge Christopher J. Panos. The Debtor estimated assets at $500,000 to $1 million and liabilities at $1 million to $10 million at the time of the filing. The Debtor is represented by Richard A. Mestone, Esq., at Mestone & Associates LLC. The Debtor employed Jeffrey M. Dennis, CPA, as accountant. CTJH INVESTMENTS: Seeks to Hire Tarbox Law as Legal Counsel ----------------------------------------------------------- CTJH Investments, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire legal counsel in connection with its Chapter 11 case. The Debtor proposes to hire Tarbox Law, P.C. to give legal advice regarding its duties under the Bankruptcy Code, assist in the potential sale of its assets, prepare a bankruptcy plan, and provide other legal services. Max Tarbox, Esq., disclosed in a court filing that he has no connection with creditors or any party that holds interest adverse to the Debtor. The firm can be reached through: Max R. Tarbox, Esq. Tarbox Law, P.C. Lubbock, TX 79401 Phone: 806-686-4448 Fax: 806-368-9785 About CTJH Investments CTJH Investments, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N. D. Texas Case No. 17-50019) on January 23, 2017. The case is assigned to Judge Robert L. Jones. At the time of the filing, the Debtor estimated assets and liabilities of less than $1 million. CUMULUS MEDIA: Stockholders OK Issuance of Class A Common Shares ---------------------------------------------------------------- At a special meeting of stockholders of Cumulus Media Inc. held on Jan. 26, 2017, the stockholders (i) approved, in accordance with NASDAQ Rules 5635(b) and 5635(d), the issuance of additional shares of the Company's Class A common stock in connection with the previously announced private exchange offer for the Company's outstanding 7.75% Senior Notes due 2019 and (ii) approved and adopted an amendment and restatement of the Company's Third Amended and Restated Certificate of Incorporation, as amended, which authorizes the issuance of up to 100 shares of each of two new classes of common stock, Class D common stock, $.01 par value per share, and Class E common stock, $.01 par value per share. The Company has agreed to issue the Class D common stock and Class E common stock in connection with the closing of its ongoing private exchange offer. The Fourth A&R Certificate of Incorporation will become effective upon the filing thereof with the Secretary of State of the State of Delaware following the closing of such private exchange offer, if at all, at which point the Company will be authorized to issue the Class D common stock and Class E common stock. The exact timing of the filing will be determined by the Board based on its evaluation as to when the filing would be the most advantageous to the Company and its stockholders. The Board reserves the right to elect to abandon the Fourth A&R Certificate of Incorporation notwithstanding stockholder approval of the Fourth A&R Certificate of Incorporation, if the Board determines in its sole discretion that the Fourth A&R Certificate of Incorporation is no longer in the best interests of the Company and its stockholders. If the Board abandons the Fourth A&R Certificate of Incorporation prior to filing it with the Secretary of State of the State of Delaware, no shares of Class D common stock or Class E common stock will be authorized for issuance. On Dec. 14, 2016, the record date for stockholders entitled to notice of, and to vote at, the special meeting, 29,225,765 shares of Class A common stock and 80,609 shares of the Company's Class C common stock were issued and outstanding. The holders of 22,029,006 shares of Class A common stock and 80,609 shares of Class C common stock were present at the special meeting, either in person or represented by proxy, constituting a quorum. Since there were sufficient votes represented at the special meeting to approve the Equity Issuance and to approve and adopt the Fourth A&R Certificate of Incorporation, the proposal to adjourn the special meeting, if necessary, to solicit additional proxies in the event there were not sufficient votes at the time of the special meeting to approve the Equity Issuance or to approve and adopt the Fourth A&R Certificate of Incorporation was moot and therefore not presented or voted on. About Cumulus Media Atlanta, Georgia-based Cumulus Media Inc. -- http://www.cumulus.com/-- is a radio broadcasting company. The Company is also a provider of country music and lifestyle content through its NASH brand, which serves through radio programming, NASH Country Weekly magazine and live events. Its product lines include broadcast advertising, digital advertising, political advertising and non-advertising based license fees. Its broadcast advertising includes the sale of commercial advertising time to local, national and network clients. Its digital advertising includes the sale of advertising and promotional opportunities across its Websites and mobile applications. Its across the nation platform generates content distributable through both broadcast and digital platforms. Cumulus Media put AR Broadcasting Holdings Inc. and three other units to Chapter 11 protection (Bankr. D. Del. Lead Case No. 11-13674) in 2011 after struggling to pay off debt that topped $97 million as of June 30, 2011. Cumulus Media reported a net loss attributable to common shareholders of $546 million on $1.16 billion of net revenue for the year ended Dec. 31, 2015, compared to net income attributable to common shareholders of $11.8 million on $1.26 billion of net revenue for the year ended Dec. 31, 2014. As of Sept. 30, 2016, Cumulus Media had $3.05 billion in total assets, $2.99 billion in total liabilities and $51.39 million in total stockholders' equity. * * * In December 2016, S&P Global Ratings lowered its corporate credit ratings on Cumulus Media Inc. and its subsidiary Cumulus Media Holdings Inc. to 'CC' from 'CCC'. The rating outlook is negative. "The downgrade follows Cumulus' announcement that it has offered to exchange its 7.75% senior notes due 2019 for debt and common stock in the company," said S&P Global Ratings' credit analyst Jeanne Shoesmith. In March 2016, Moody's Investors Service downgraded Cumulus Media Inc.'s Corporate Family Rating to 'Caa1' from 'B3' and Probability of Default Rating to 'Caa1-PD' from 'B3-PD'. Cumulus' 'Caa1' Corporate Family Rating reflects the company's excessive leverage with debt-to-EBITDA exceeding 9.5x (including Moody's standard adjustments) and Moody's revised expectation that debt-to-EBITDA will remain elevated over the next 12 months due to continued declines in network revenue and increased operating expenses more than offsetting the benefits from an expected increase in station group revenue and political ad sales in 2016. CURTIS JAMES JACKSON: Files Adversary Complaint Against Reed Smith ------------------------------------------------------------------ Matthew Guarnaccia, writing for Bankruptcy Law360, reports that Curtis Jackson aka rapper 50 Cent filed an adversary complaint against Reed Smith LLP, claiming that his former counsel owes $32 million for several missteps in a lawsuit over a leaked sex tape of Lastonia Leviston and for charging excessive attorneys' fees during the case. Law360 recalls that Mr. Jackson objected three months ago to a claim of approximately $609,000 by Reed Smith for unpaid legal fees incurred in 2015 in a case brought by Ms. Leviston. Curtis James Jackson, III, aka 50 Cent, filed for Chapter 11 bankruptcy protection (Bankr. D. Conn. Case No. 15-21233) on July 13, 2015. In July 2016, U.S. bankruptcy court judge approved a Chapter 11 reorganization plan for 50 Cent. Melissa Daniels, writing for Bankruptcy Law360, reported that the bankruptc plan requires Jackson to pay $18 million to Sleek Audio to settle a judgment, $6 million to a woman who won a jury award against him in a sex tape scandal and about $4 million to settle a guarantee claim with Sun Trust Bank, among paying off other creditors over a five-year period. DACCO TRANSMISSION: Seeks to Hire Jones Day as New Legal Counsel ---------------------------------------------------------------- DACCO Transmission Parts (NY), Inc. filed an application seeking approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Jones Day as its new legal counsel. The move came after Willkie Farr & Gallagher LLP, the firm initially hired by the company, withdrew as counsel due to "potential conflicts," according to the court filing. Jones Day will advise the company and its affiliates regarding their duties under the Bankruptcy Code, negotiate with creditors, and provide other legal services related to their Chapter 11 cases. The hourly rates charged by the firm are: Partners/Counsel $650 – $1,050 Associates $350 – $775 Paraprofessionals $200 – $425 The attorneys designated to represent the Debtors and their hourly rates are: Scott Greenberg $1,025 Carl Black $950 Daniel Merrett $700 Stacey Corr-Irvine $775 Danielle Barav-Johnson $450 Peter Saba $475 Scott Greenberg, Esq., disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. In accordance with Appendix B-Guidelines for reviewing fee applications filed by attorneys in larger Chapter 11 cases, Mr. Greenberg disclosed that no variations or alternatives to Jones Day's customary billing arrangements were agreed to in connection with its employment. Mr. Greenberg also said that the Debtors have approved a budget and staffing plan for the period of January 22 to February 28, 2017. Jones Day can be reached through: Scott J. Greenberg, Esq. Jones Day 250 Vesey Street New York, NY 10281 Tel: (212) 326-3939 Fax: (212) 755-7306 -- and -- Carl E. Black, Esq. 901 Lakeside Avenue Cleveland, Ohio 44114 Tel: (216) 586-7035 Fax: (216) 579-0212 About DACCO Transmission Parts (NY) Headquartered in Cleveland, Ohio, Transtar Holding Company manufactures and distributes aftermarket driveline Replacement parts and components to the transmission repair and remanufacturing market. It also supplies autobody refinishing products and manufactures air conditioning, cooling and power steering assemblies and components. Founded in 1975, Transtar maintains over 70 local branch locations, four manufacturing and production facilities (in Alma, Michigan; Brighton, Michigan; Cookeville, Tennessee; and Ferris, Texas), and four regional distribution centers throughout the United States, Canada and Puerto Rico. On Dec. 21, 2010, the Company was acquired from Linsalata Capital Partners by current majority equity holder Friedman Fleischer & Lowe LLC. The acquisition was financed with $425 million of senior secured credit facilities. As of the Petition Date, the Company employs approximately 2,000 full-time and 50 part-time employees in the United States, and approximately 100 full-time employees in Canada and Puerto Rico. DACCO Transmission Parts (NY), Inc. and 46 affiliated debtors, including Transtar Holding Company, filed chapter 11 petitions (Bankr. S.D.N.Y. Case Nos. 16-13245 to 16-13291) on Nov. 20, 2016. The petitions were signed by Joseph Santangelo, authorized signatory. The cases are pending before Judge Mary Kay Vyskocil, and the Debtors have requested that their cases be jointly administered under Case No.16-13245. The Debtors estimated assets and liabilities at $500 million to $1 billion at the time of the filing. The Debtors tapped Rachel C. Strickland, Esq., Christopher S. Koenig, Esq., Debra C. McElligott, Esq., and Jennifer J. Hardy, Esq., at Willkie Farr & Gallagher LLP as attorneys. Citing potential conflicts, DACCO Transmission has hired Jones Day as its new legal counsel to replace Willkie Farr. The Debtors also have hired FTI Consulting, Inc. as restructuring and financial advisors, Ducera Partners LLC as financial advisors and investment banker and Prime Clerk LLC as claims, noticing and solicitation agent. DAKOTA PLAINS: Hires Carlson Advisors as Accountant --------------------------------------------------- Dakota Plains Holdings, Inc., et al., seek authority from the U.S. Bankruptcy Court for the District of Minnesota to employ Carlson Advisors as accountant to the Debtors. Dakota Plains requires Carlson Advisors to: a. prepare of reports for the S.E.C., but not auditing or reviewing financial statements associated with such reports, as that must be done by an independent accounting firm; b. prepare payroll returns, tax returns and certain other tax documents, such as issuing Form 1099s and W-2s; c. bookkeeping services, including advising the Debtors on adjusting entries when errors are spotted; d. communicate with auditors and preparation of footnote disclosures; and e. other accounting and reporting matters as requested; Carlson Advisors will be paid at these hourly rates: Darren M. Kray, Principal $270 Robert V. Hansen, Manager $220 Matthew R. Wills, Supervisor $155 Pamela J. Braunig, Accounting Services $70 Carlson Advisors will also be reimbursed for reasonable out-of-pocket expenses incurred. Darren Kray, member of Carlson Advisors, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Carlson Advisors can be reached at: Darren Kray CARLSON ADVISORS 7101 Northland Circle, Suite 123 Minneapolis, MN 55428 Tel: (763) 971-4823 Fax: (763) 535-8154 About Dakota Plains Holdings, Inc. Dakota Plains Holdings, Inc. (NYSE MKT: DAKP) -- http://www.dakotaplains.com/--is an energy company operating the Pioneer Terminal transloading facility. The Pioneer Terminal is centrally located in Mountrail County, North Dakota, for Bakken and Three Forks related Energy & Production activity. Dakota Plains Holding and six of its wholly owned subsidiaries filed voluntary Chapter 11 petitions (Bankr. D. Minn. Lead Case No. 16-43711) on Dec. 20, 2016, initiating a process intended to preserve value and accommodate an eventual going-concern sale of Dakota Plains' business operations. The petitions were signed by Marty Beskow, CFO. The cases are assigned to Judge Michael E. Ridgway. At the time of the filing, Dakota Plains Holdings disclosed $3.08 million in assets and $75.38 million in liabilities. Baker & Hostetler LLP has been tapped as the Debtors' legal counsel. Ravich Meyer Kirkman McGrath Nauman & Tansey, A Professional Association serves as co-counsel. Canaccord Genuity Inc. serves as the Debtors' financial advisor and investment banker, Carlson Advisors as accountant, James Thornton as special purpose counsel. The U.S. Trustee has been unable to appoint an official unsecured creditors committee. DAKOTA PLAINS: Hires James Thornton as Special Counsel ------------------------------------------------------ Dakota Plains Holdings, Inc., et al., seek authority from the U.S. Bankruptcy Court for the District of Minnesota to employ James Thornton as special purpose counsel to the Debtors. Thornton is the former general counsel and interim chief financial officer of the Debtors. Dakota Plains Holdings, Inc. and Thornton were named as co-defendants in the case of Ryan R. Gilbertson v. Dakota Plains Holdings, Inc., Case No. 27-CV-16-14393 in the 4th Judicial District, County of Hennepin. Mr. Thornton also represents Progressive Rail Incorporated, whose subsidiary, Iowa Traction Railway, is an unsecured creditor. To avoid any conflict of interest relating to the possibility of an indemnity claim, Mr. Thornton will not advise the Debtors with respect to the Gilbertson litigation or the Iowa Traction Railway claim. Dakota Plains requires Thornton to advise the Debtors and its general bankruptcy counsel on securities law matters, and regarding the Debtors' history, past practices, contracts, legal positions, litigation and claims. Thornton will be paid a flat fee of $9,166.67 per month. James Thornton, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. About Dakota Plains Holdings, Inc. Dakota Plains Holdings, Inc. (NYSE MKT: DAKP) --http://www.dakotaplains.com/--is an energy company operating the Pioneer Terminal transloading facility. The Pioneer Terminal is centrally located in Mountrail County, North Dakota, for Bakken and Three Forks related Energy & Production activity. Dakota Plains Holding and six of its wholly owned subsidiaries filed voluntary Chapter 11 petitions (Bankr. D. Minn. Lead Case No. 16-43711) on Dec. 20, 2016, initiating a process intended to preserve value and accommodate an eventual going-concern sale of Dakota Plains' business operations. The petitions were signed by Marty Beskow, CFO. The cases are assigned to Judge Michael E. Ridgway. At the time of the filing, Dakota Plains Holdings disclosed $3.08 million in assets and $75.38 million in liabilities. Baker & Hostetler LLP has been tapped as the Debtors' legal counsel. Ravich Meyer Kirkman McGrath Nauman & Tansey, A Professional Association serves as co-counsel. Canaccord Genuity Inc. serves as the Debtors' financial advisor and investment banker, Carlson Advisors as accountant, James Thornton as special purpose counsel. The U.S. Trustee has been unable to appoint an official unsecured creditors committee. DAKOTA PLAINS: Hires Whitley Penn as Auditor -------------------------------------------- Dakota Plains Holdings, Inc., et al., seek authority from the U.S. Bankruptcy Court for the District of Minnesota to employ Whitley Penn LLP as auditor to the Debtors. Dakota Plains requires Whitley Penn to: a. provide audit with the consolidated balance sheet of the Debtors as of December 31, 2016, and the related statements of operations, comprehensive income, stockholders' equity, and cash flows for the year then ended; and b. issue a written report on the Debtors' financial statements, all of which are to be included in the annual report, Form 10-K, proposed to be filed by the Debtors under the Securities Exchange Act of 1934. Whitley Penn will be paid at these hourly rates: Partners $340 Managers $250 Senior Accountants $200 Staff $185 The 2016 audit will cost $80,000. The reviews of quarterly financials will cost an additional $20,000 per quarter. Whitley Penn will be paid a retainer in the amount of $10,000. Whitley Penn will also be reimbursed for reasonable out-of-pocket expenses incurred. Brian Starr, member of Whitley Penn LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Whitley Penn can be reached at: Brian Starr WHITLEY PENN LLP 3411 Richmond Avenue, Suite 500 Houston, TX 77046 Tel: (713) 621-1515 About Dakota Plains Holdings, Inc. Dakota Plains Holdings, Inc. (NYSE MKT: DAKP) --http://www.dakotaplains.com/--is an energy company operating the Pioneer Terminal transloading facility. The Pioneer Terminal is centrally located in Mountrail County, North Dakota, for Bakken and Three Forks related Energy & Production activity. Dakota Plains Holding and six of its wholly owned subsidiaries filed voluntary Chapter 11 petitions (Bankr. D. Minn. Lead Case No. 16-43711) on Dec. 20, 2016, initiating a process intended to preserve value and accommodate an eventual going-concern sale of Dakota Plains' business operations. The petitions were signed by Marty Beskow, CFO. The cases are assigned to Judge Michael E. Ridgway. At the time of the filing, Dakota Plains Holdings disclosed $3.08 million in assets and $75.38 million in liabilities. Baker & Hostetler LLP has been tapped as the Debtors' legal counsel. Ravich Meyer Kirkman McGrath Nauman & Tansey, A Professional Association serves as co-counsel. Canaccord Genuity Inc. serves as the Debtors' financial advisor and investment banker, Carlson Advisors as accountant, James Thornton as special purpose counsel. The U.S. Trustee has been unable to appoint an official unsecured creditors committee. DALE PROPERTIES: Court Says NO to Cash Collateral Use ----------------------------------------------------- Judge Katherine A. Constantine of the U.S. Bankruptcy Court for the District of Minnesota denied the Motion of Dale Properties, LLC, seeking among other things, for approval to use cash collateral. The Troubled Company Reporter had earlier reported that the Debtor sought for the Court's authorization to use cash collateral, pursuant to its stipulation with Tradition Capital Bank. About Dale Properties, LLC Dale Properties, LLC, based in Minnetonka, Minn., filed a Chapter 11 petition (Bankr. D. Minn. Case No. 16-42924) on October 6, 2016. The petition was signed by Alan Dale, chief manager. The case is assigned to Judge Katherine A. Constantine. The Debtor is represented by Ralph Mitchell, Esq., of Lapp, Libra, Thomson, Stoebner & Pusch, Chartered. The Debtor estimated $1 million to $10 million in both assets and liabilities. DEWEY & LEBOEUF: Steven Davis Might Be Called on Witness Stand -------------------------------------------------------------- Stewart Bishop at Bankruptcy Law360 reports that an attorney for Dewey & LeBoeuf LLP's former chief financial officer told a New York state judge they want to call former Dewey Chairman Steven Davis to the witness stand in the second trial stemming from the spat of the Debtor's collapse. Mr. Davis, Law360 recalls, was originally charged alongside Joel Sanders and former Dewey Executive Director Stephen DiCarmine over an alleged scheme to defraud the Debtor's financial backers out of tens of millions of dollars, but escaped a second trial. According to Christine Simmons, writing for New York Law Journal, whether Davis will testify during retrial is an open question. The Law Journal report noted that the request suggests that the retrial may not be so similar to the first trial, which resulted in a hung jury in the criminal case against Davis, Stephen DiCarmine and Joel Sanders. Ms. Simmons noted that Davis signed a deferred prosecution agreement with the Manhattan District Attorney's Office after the mistrial in October 2015, allowing him to avoid retrial. As part of the agreement, prosecutors have agreed to drop charges against him in five years. But prosecutors are continuing with charges against DiCarmine and Sanders. Law360's Mr. Bishop reported last week that the jury selection for the second trial is due to take at least another week. The first week of finding a panel of jurors who can sit for a trial wrapped up on Jan. 27. According to the New York Law Journal, opening arguments are expected to start next week in their case. William Gorta, writing for Law360, relates that the liquidation trust for the Debtor, told Bankruptcy Judge Martin Glenn that it had reached detente with the U.S. Securities and Exchange Commission and the New York County District Attorney over its proposal to destroy all the Debtor's records as part of a motion to close the Chapter 11 case. Howard S. Steel, Esq., at Brown Rudnick LLP, the attorney for the trust, told Judge Glenn that he had submitted a new proposed order that preserves documents needed. About Dewey & LeBoeuf Dewey & LeBoeuf LLP sought Chapter 11 bankruptcy (Bankr. S.D.N.Y. Case No. 12-12321) to complete the wind-down of its operations. The firm had struggled with high debt and partner defections. Dewey disclosed debt of $245 million and assets of $193 million in its chapter 11 filing late evening on May 29, 2012. Dewey & LeBoeuf LLP operated as a prestigious, New York City- based, law firm that traced its roots to the 2007 merger of Dewey Ballantine LLP -- originally founded in 1909 as Root, Clark & Bird -- and LeBoeuf, Lamb, Green & MacCrae LLP -- originally founded in 1929. In recent years, more than 1,400 lawyers worked at the firm in numerous domestic and foreign offices. At its peak, Dewey employed about 2,000 people with 1,300 lawyers in 25 offices across the globe. When it filed for bankruptcy, only 150 employees were left to complete the wind-down of the business. Dewey's offices in Hong Kong and Beijing are being wound down. The partners of the separate partnership in England are in process of winding down the business in London and Paris, and administration proceedings in England were commenced May 28. All lawyers in the Madrid and Brussels offices have departed. Nearly all of the lawyers and staff of the Frankfurt office have departed, and the remaining personnel are preparing for the closure. The firm's office in Sao Paulo, Brazil, is being prepared for closure and the liquidation of the firm's local affiliate. The partners of the firm in the Johannesburg office, South Africa, are planning to wind down the practice. The firm's ownership interest in its practice in Warsaw, Poland, was sold to the firm of Greenberg Traurig PA on May 11 for $6 million. The Pension Benefit Guaranty Corp. took $2 million of the proceeds as part of a settlement. Judge Martin Glenn oversees the case. Albert Togut, Esq., at Togut, Segal & Segal LLP, represents the Debtor. Epiq Bankruptcy Solutions LLC serves as claims and notice agent. The petition was signed by Jonathan A. Mitchell, chief restructuring officer. JPMorgan Chase Bank, N.A., as Revolver Agent on behalf of the lenders under the Revolver Agreement, hired Kramer Levin Naftalis & Frankel LLP. JPMorgan, as Collateral Agent for the Revolver Lenders and the Noteholders, hired FTI Consulting and Gulf Atlantic Capital, as financial advisors. The Noteholders hired Bingham McCutchen LLP as counsel. The U.S. Trustee formed two committees -- one to represent unsecured creditors and the second to represent former Dewey partners. The creditors committee hired Brown Rudnick LLP led by Edward S. Weisfelner, Esq., as counsel. The Former Partners hired Tracy L. Klestadt, Esq., and Sean C. Southard, Esq., at Klestadt & Winters, LLP, as counsel. FTI Consulting, Inc. was appointed secured lender trustee for the Secured Lender Trust. Alan Jacobs of AMJ Advisors LLC, was named Dewey's liquidation trustee. Scott E. Ratner, Esq., Frank A. Oswald, Esq., David A. Paul, Esq., Steven S. Flores, Esq., at Togut, Segal & Segal LLP, serve as counsel to the Liquidation Trustee. Dewey's liquidating Chapter 11 plan was approved by the bankruptcy court in February 2013 and implemented in March. The plan created a trust to collect and distribute remaining assets. The firm estimated that midpoint recoveries for secured and unsecured creditors under the plan would be 58.4 percent and 9.1 percent, respectively. DYNEGY INC: Exits Chapter 11 Restructuring ------------------------------------------ Dynegy Inc. and Illinois Power Generating Company (Genco), an indirect, wholly owned subsidiary of Dynegy, announced that Genco emerged earlier on Feb. 2, 2017, from its Chapter 11 restructuring after successfully implementing its plan of reorganization, approved January 25 by the Southern District of Texas Bankruptcy Court. With Genco debt holder cooperation and approval, the two-month long Genco reorganization: -- eliminated $825 million of unsecured Genco bonds -- provided participating eligible Genco bondholders their share (across all noteholders) of approximately: -- $181.7 million of 8.034% new unsecured senior notes due 2024 issued by Dynegy with covenants that are substantially similar to Dynegy's existing 5.875% senior notes due 2023 -- 8.6 million seven-year warrants issued by Dynegy that are each exercisable into one share of Dynegy common stock for an exercise price of $35.00 -- $87.1 million of cash -- provided participating non-eligible Genco bondholders their share (across all noteholders) of approximately $17.1 million of cash -- reduced consolidated annual cash interest expense by approximately $45 million -- simplified Dynegy's capital and organizational structure -- situated the Genco plants in a stronger competitive position About Dynegy Through its subsidiaries, Houston, Texas-based Dynegy Inc. (NYSE: DYN) -- http://www.dynegy.com/-- produces and sells electric energy, capacity and ancillary services in key U.S. markets. The power generation portfolio consists of approximately 12,200 megawatts of baseload, intermediate and peaking power plants fueled by a mix of natural gas, coal and fuel oil. Dynegy Holdings LLC and four other affiliates of Dynegy Inc. sought Chapter 11 bankruptcy protection (Bankr. S.D.N.Y. Lead Case No. 11-38111) on Nov. 7, 2011, to implement an agreement with a group of investors holding more than $1.4 billion of senior notes issued by Dynegy's direct wholly-owned subsidiary, Dynegy Holdings, regarding a framework for the consensual restructuring of more than $4.0 billion of obligations owed by DH. If this restructuring support agreement is successfully implemented, it will significantly reduce the amount of debt on the Company's consolidated balance sheet. Dynegy Holdings disclosed assets of $13.77 billion and debt of $6.18 billion. Dynegy Inc. on July 6, 2012, filed a voluntary petition to reorganize under Chapter 11 (Bankr. S.D.N.Y. Case No. 12-36728) to effectuate a merger with Dynegy Holdings, pursuant to Holdings' Chapter 11 plan. Dynegy Holdings and its parent, Dynegy Inc., completed their Chapter 11 reorganization and emerged from bankruptcy Oct. 1, 2012. Under the terms of the DH/Dynegy Plan, DH merged with and into Dynegy, with Dynegy, Inc., remaining as the surviving entity. Dynegy Northeast Generation, Inc., Hudson Power, L.L.C., Dynegy Danskammer, L.L.C. and Dynegy Roseton, L.L.C., won confirmation of their plan of liquidation in March 2013, allowing the former operating units of Dynegy to consummate a settlement agreement resolving some lease trustee claims and sell their facilities. * * * The Troubled Company Reporter, on June 20, 2016, reported that S&P Global Ratings affirmed its 'B+' corporate credit rating on Dynegy Inc. The outlook is stable. Additionally, S&P is assigning a 'BB' rating and '1' recovery rating to the proposed senior secured term loan B. The '1' recovery rating indicates expectations for very high (90%-100%) recovery in the event of a payment default. EAST BAY DRY: Taps David W. Steen as Legal Counsel -------------------------------------------------- East Bay Dry Cleaners, Inc. seeks approval from the U.S. Bankruptcy Court for the Middle District of Florida to hire legal counsel. The Debtor proposes to hire David W. Steen, P.A. to give legal advice regarding its duties under the Bankruptcy Code, and provide other legal services related to its Chapter 11 case. David Steen, Esq., will be paid an hourly rate of $450. Meanwhile, the firm charges $300 per hour for the services of an associate or contract attorney, $160 per hour for paralegals, and $140 per hour for legal assistants. Mr. Steen disclosed in a court filing that his firm does not represent any interest adverse to the Debtor or its bankruptcy estate. The firm can be reached through: David W Steen, Esq. David W. Steen, P.A. 2901 W. Busch Boulevard, Suite 311 Tampa, FL 33618 Tel: (813) 251-3000 Email: dwsteen@dsteenpa.com About East Bay Dry Cleaners East Bay Dry Cleaners, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M. D. Fla. Case No. 17-00557) on January 24, 2017. The petition was signed by Howard Wolfson, president. At the time of the filing, the Debtor estimated assets of less than $500,000 and liabilities of $1 million to $10 million. EIDOLON BRANDS: Seeks to Hire Bonds Ellis as Legal Counsel ---------------------------------------------------------- Eidolon Brands, LLC and Ben Hogan Golf Equipment Company, LLC seek approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire legal counsel. The Debtors propose to hire Bonds Ellis Eppich Schafer Jones LLP to give legal advice regarding their duties under the Bankruptcy Code, assist in the preparation of a bankruptcy plan, and provide other legal services. The hourly rates charged by the firm are: D. Michael Lynn $635 John Bonds, III $510 Joshua Eppich $435 H. Brandon Jones $395 Paul Lopez $275 Paralegals $100 John Bonds, III, Esq., disclosed in a court filing that his firm is "disinterested" as defined in section 101(14) of the Bankruptcy Code. Bonds Ellis can be reached through: John Y. Bonds, III, Esq. Joshua N. Eppich, Esq. Paul M. Lopez, Esq. Bonds Ellis Eppich Schafer Jones LLP 420 Throckmorton Street, Suite 1000 Fort Worth, TX 76102 Phone: (817) 405-6900 Fax: (817) 405-6902 About Eidolon Brands Eidolon Brands, LLC and Ben Hogan Golf Equipment Company, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N. D. Tex. Case Nos. 17-40300 and 17-40301) on January 28, 2017. The petitions were signed by Scott White, chief executive officer. At the time of the filing, the Debtors estimated their assets and liabilities at $1 million to $10 million. EL REFUGIO: Taps Rick Ted Martin as Real Estate Broker ------------------------------------------------------ El Refugio, LLC seeks approval from the U.S. Bankruptcy Court for the Central District of California to hire a real estate broker. The Debtor proposes to hire Rick Ted Martin to serve as its sole broker for its real property located at 49561 Avila Drive, La Quinta, California. Mr. Martin will get 5% of the sale price as compensation for his services. In a court filing, Mr. Martin disclosed that he has no connection with the Debtor or any of its creditors. Mr. Martin maintains an office at: Rick T. Martin 1107 Buena Vista Ave. #1 San Clemente, CA 92672 Tel: (949) 366-1096 Fax: (714) 350-3878 About El Refugio LLC El Refugio, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 16-25048) on November 14, 2016. The petition was signed by Stephanie Mendoza, manager. The Debtor is represented by The Avanesian Law Firm. At the time of the filing, the Debtor estimated assets and liabilities of less than $50,000. EMERALD GRANDE: Seeks to Hire Realcorp as Real Estate Broker ------------------------------------------------------------ Emerald Grande, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of West Virginia to hire a real estate broker. The Debtor proposes to hire Realcorp, LLC as broker, with Jon Cavendish serving as the listing agent, to market and sell its property in Kanawha County, West Virginia. The property is part of its commercial real estate development in the Kanawha Landing Shopping Center Complex. The Debtor has agreed to pay Realcorp 6% of the sales price of the property, to be divided between the firm and the buyer's agent. Realcorp does not hold or represent any interest adverse to the Debtor's bankruptcy estate, according to court filings. The firm maintains an office at: Realcorp, LLC 3818 MacCorkle Avenue, SE Charleston, WV 25304 Main: (304) 925-7000 Fax: (304) 925-7023 About Emerald Grande Emerald Grande, LLC, owns and operates two hotel properties, the La Quinta Inn and Suites adjacent to the Elkview Crossings Shopping Mall, Elkview, West Virginia and the La Quinta Inn and Suites adjacent to the Merchants Walk Shopping Mall, Summersville, West Virginia. It also owns a real estate development in Charleston (Kanawha City), West Virginia. Emerald Grande filed a chapter 11 petition (Bankr. N.D. W.Va. Case No. 17-00021) on Jan. 11, 2017. The petition was signed by William A. Abruzzino, managing member. The case is assigned to Judge Patrick M. Flatley. The Debtor estimated assets and liabilities at $10 million to $50 million at the time of the filing. The Debtor is represented by Steven L. Thomas, Esq., at Kay, Casto & Chaney PLLC. No trustee, examiner, or committee of creditors has been appointed in the case. EMERY RESOURCE: Hires Lawrence Buhler as Special Counsel -------------------------------------------------------- Emery Resource Holdings, LLC filed an ex parte application with the U.S. Bankruptcy Court for the District of Utah to employ Lawrence D. Buhler and the law firm of Lawrence D. Buhler, P.C. as special counsel. The Debtor needs Buhler to represent it in litigation matters associated with this Chapter 11 case including pursuit of state law causes of action and objections to claims. Buhler shall be compensated at his usual hourly rate and should be reimbursed allowable costs advanced to the Debtor. Lawrence D. Buhler assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estate. Buhler can be reached at: Lawrence David Buhler, Esq. LAWRENCE D BUHLER PC 311 S State St, Suite 240 Salt Lake City, UT 84111-5222 Tel: (801) 699-2126 Fax: (844) 329-4529 E-mail: buhlerlaw7@yahoo.com About Emery Resource Emery Resource Holdings LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Utah Case No. 16-26511) on July 27, 2016. The petition was signed by Craig C. Williams, managing member of Willsbros Resource Holdings LLC, manager. The case is assigned to Judge R. Kimball Mosier. At the time of the filing, the Debtor estimated its assets and debts at $1 million to $10 million. EXCELLENCE HOLDING: Amends 2050 Irlo's Compensation Terms --------------------------------------------------------- Excellence Holding, LLC, has amended its application seeking court approval to employ 2050 Irlo Bronson, LLC, as its management company. 2050 Irlo will be paid 24% of the Debtor's income per month as compensation for its services. 2050 Irlo will hire enough employees to maintain the rental units and act as customer service for the Debtor. To the best of the Debtor's knowledge, 2050 Irlo represents no interests adverse to the Debtor in the matters upon which it is to be engaged and its appointment will be in the best interest of the estate. As reported by the Troubled Company Reporter on Dec. 20, 2016, the Debtor sought court approval to hire 2050 Irlo as management company. 2050 Irlo will provide employees to maintain the Debtor's rental units, and provide customer service on the Debtor's behalf. 2050 Irlo would get 40% of the Debtor's monthly rental income as compensation for its services. A copy of the Application is available at: http://bankrupt.com/misc/ganb16-71772-34.pdf About Excellence Holding Excellence Holding, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 16-07750) on Nov. 29, 2016. The petition was signed by Abderrazak Boughanmi, authorized representative. The Debtor is represented by Michael E. Golub, Esq., at Michael E. Golub, P.A. The Debtor engaged management company, Irlo Bronson LLC, as manager. The Debtor hired Hurley, Rogner, Miller, Cox & Waranch, P.A., as special counsel, to represent the Debtor in a lawsuit involving homeowners association 2050 Condotel Inn Condominium Association, Inc. The Debtor hired Success Investment Realty to market and sell its real property located at 2050 East Irlo Bronson Memorial Highway, Kissimmee, Florida. At the time of the filing, the Debtor estimated assets of less than $50,000 and liabilities of less than $500,000. The U.S. Trustee is unable to appoint a committee of unsecured creditors. FAHEY EXTERIORS: Wants Fahey to Continue as Managing Member ----------------------------------------------------------- Fahey Exteriors, LLC has asked the U.S. Bankruptcy Court for the Southern District of West Virginia to allow Joshua Fahey to continue to serve as managing member of the company. Mr. Fahey, sole member of Fahey Exteriors, has been responsible for the company's financial and operational management and has been its lead sales person. Mr. Fahey has also been assisting Supple Law Office PLLC, the company's legal counsel, in its bankruptcy reorganization. Fahey Exteriors proposes to pay Mr. Fahey $1,300 per week or $67,600 per year. The company believes it will have sufficient cash to pay the salary. About Fahey Exteriors Fahey Exteriors, LLC is a limited liability company located in Barboursville, Cabell County, West Virginia. Formed in 2008, the Debtor's primary business is the sale and installation of roofing and siding. The Debtor filed a Chapter 11 bankruptcy petition (Bankr. S.D.W. Va. Case No. 16-30572) on December 15, 2016, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Joe M. Supple, Esq., at Supple Law Office PLLC. Dunn Cooper Adkins & Reynolds, PLLC serves as its accountant. FANTASY ACES: Files for Ch. 7 After Botched Sale to Fantasy Draft ----------------------------------------------------------------- Fantasy Aces Daily Fantasy Sports Corp (FAS), a Daily Fantasy Sport (DFS) enterprise with operations in Southern California, on Feb. 1, 2017, disclosed that its previous announcement of the acquisition of FAS assets by Fantasy Draft LLC is terminated. As a result the Company on Feb. 1 disclosed that it instructed counsel to file a voluntary petition under Chapter 7 of the United States Bankruptcy Code. As previously announced over many months, the Company's ability to continue as a going concern was dependent on securing additional capital. The Company had been actively seeking from multiple sources to raise additional capital through debt, equity and other capital raising efforts, while also considering many strategic alternatives, since its merger into a public enterprise in 2015. The Company was unsuccessful in raising such additional capital or completing a strategic transaction. Accordingly, after multiple reviews of the various alternatives available to the Company, the remaining director concluded that voluntarily entering the Chapter 7 process is the best available option to the Company and its stakeholders. The Company's shares had been halted on the TSX Venture Exchange and the OTCQB. The shares have been terminated without closing as a result of the recently announced departure of its other two remaining directors. Fantasy Aces has retained bankruptcy counsel who may be contacted at: Red Hill Law Group 38 Corporate Park Irvine CA 92606 949-527-3565 E-mail: paralegal@redhilllawgroup.com The Company filed a Chapter 7 petition (Bankr. C.D. Cal. Case No. 17-10359) on Jan. 31, 2017, disclosing assets of $1.8 million and debt of just under $3 million. The Trustee is Richard Marshack. The case judge is the Hon. Erithe Smith. FARR ENTERPRISES: Wants to Use Cash, Says Scotts Have No Lien ------------------------------------------------------------- Farr Enterprises, Inc., submitted to the U.S. Bankruptcy Court for the Western District of North Carolina, its response to Reid and Patsy Scott's Motion, asking the Court to enjoin the Debtor's use of cash collateral. The Debtor contends that Reid and Patsy Scott do not hold an enforceable lien on cash collateral. The Debtor relates that its use of cash collateral in the case is necessary for the continued operation of its business. The Debtor further relates that it needs to pay operational expenses for its business enterprise, the Mountain Harbor Marina. The Debtor tells the Court that it proposes to use cash collateral under the terms of its budget, which provides that all cash collateral received be first applied to the adequate protection payments being made to Morganton Savings Bank and then exclusively to the routine monthly operating expense of the Mountain Harbor Marina. The Debtor proposes to provide Reid and Patsy Scott with replacement liens on postpetition cash collateral to the same extent and priority as their prepetition liens. A full-text copy of the Debtors' Response to Reid and Patsy Scott's Motion to Enjoin Use of Cash Collateral, dated January 24, 2017, is available at http://bankrupt.com/misc/FarrEnterprises2016_1640291_46.pdf About Farr Enterprises, Inc. Farr Enterprises Inc. filed a Chapter 11 bankruptcy petition (Bankr. W.D.N.C. Case No. 16-40291) on July 1, 2016. The petition was signed by Laura Aulgur, president. Hon. Craig J. Whitley presides over the case. Edward C. Hay, Jr., Esq., at Pitts, Hay & Hugenschmidt P.A., represents the Debtor as counsel. The Debtor disclosed $2.11 million in assets and $1.9 million in liabilities. FEAST HOUSE: Allowed to Use IRS Cash Collateral Until March 22 -------------------------------------------------------------- Judge Carol A. Doyle of the U.S. Bankruptcy Court for the Northern District of Illinois authorized Feast House Restaurant Inc. to use the cash collateral of Internal Revenue Service on an interim basis until March 22, 2017. The Debtor was authorized to use the IRS' cash collateral only to pay actual, ordinary and necessary operating expenses for the purposes and up to the amounts set forth in the budget. By virtue of its tax debt assessment and filing of notices of federal tax lien, the IRS obtained a perfected first priority security interest upon all of the Debtor's property and rights to property, whether real or personal. The Debtor was directed to make adequate protection payments to IRS in the amount of $1,130, beginning January 25, 2017. The IRS was granted valid, binding, enforceable and perfected liens and security interests in and on any of the Debtor's now owned Collateral or Collateral acquired since the Petition Date, to the same extent, validity and priority held by the IRS prior to the Petition Date and to the extent of the diminution in the amount of IRS' Cash Collateral used by the Debtor after the Petition Date. Judge Doyle directed the Debtor to maintain insurance coverage on its Properties and to stay current with its Federal Tax Deposits and file tax returns timely. The Debtor was directed not to commingle the IRS' Cash Collateral with monies from other sources except for gaming proceeds received from the Debtor and will deposit all IRS' Cash Collateral in a Debtor in Possession bank account that is funded only with IRS' Cash Collateral. A status hearing on the Debtor's right to use cash collateral and entry of a final order will be held on March 22, 2017 at 10:30 a.m. A full-text copy of the Interim Order, dated January 26, 2017, is available at https://is.gd/EQVs39 About Feast House Restaurant Feast House Restaurant Inc. sought protection under Chapter 11 of the Bankruptcy Code (N.D. Ill. Case No. 16-36930) on November 20, 2016. The petition was signed by Konstantinos Roiniotis, president. The case is assigned to Judge Carol A. Doyle. The Debtor is represented by Joseph E. Cohen, Esq. and Gina B. Krol, Esq., at Cohen & Krol. At the time of the filing, the Debtor estimated assets at $0 to $50,000 and liabilities at $100,000 to $500,000. FOUR SEASONS LANDSCAPE: Taps Smith Conerly as Legal Counsel ----------------------------------------------------------- Four Seasons Landscape Management Inc. seeks approval from the U.S. Bankruptcy Court for the Northern District of Georgia to hire legal counsel in connection with its Chapter 11 case. The Debtor proposes to hire Smith Conerly LLP to give legal advice regarding its duties under the Bankruptcy Code, negotiate with creditors, assist in the potential sale of its assets, prepare a bankruptcy plan, and provide other legal services. The hourly rates charged by the firm are: Partners $325 Associates $270 Paralegals $75 J. Nevin Smith, Esq., disclosed in a court filing that the firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: J. Nevin Smith, Esq. Smith Conerly LLP 402 Newnan Street Carrollton, GA 30117 Tel: (770) 834-1160 Fax: (770) 834-1190 Email: awilson@smithconerly.com About Four Seasons Landscape Four Seasons Landscape Management Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N. D. Ga. Case No. 17-10114) on January 19, 2017. The petition was signed by Richard Santiago, CEO. The case is assigned to Judge Homer W. Drake. At the time of the filing, the Debtor estimated assets of less than $500,000 and liabilities of $1 million to $10 million. FRANK W. KERR: Hires UHY Advisors as Tax Consultants ---------------------------------------------------- Frank W. Kerr Company seeks authority from the U.S. Bankruptcy Court for the Eastern District of Michigan to employ UHY Advisors MI, Inc. as tax consultants to the Debtor. Frank W. Kerr requires UHY Advisors to prepare the Annual Tax Returns and Applicable State Tax Returns for the Debtor for the tax year ended December 31, 2016. UHY Advisors will be paid at these hourly rates: Partner $350-$425 Principal $335-$350 Senior Manager $265-$285 Manager $205-$240 Senior Staff $165-$185 Staff $125-$155 Client Service Associate $85 UHY Advisors will also be reimbursed for reasonable out-of-pocket expenses incurred. Scott Miller, member of UHY Advisors MI, Inc., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. UHY Advisors can be reached at: Scott Miller UHY ADVISORS MI, INC. 12900 Hall Road, Suite 510 Sterling Heights, MI 48313 Tel: (586) 254-8141 Fax: (586) 254-9406 About Frank W. Kerr Company Frank W. Kerr Company filed a chapter 7 petition on Aug. 23, 2016. The Debtor consented to and the Court entered an order for relief under chapter 11, converting the case to a chapter 11 proceeding (Bankr. E.D. Mich. Case No. 16-51724) on Sept. 19, 2016. The Debtor was founded in 1913 and was one of the largest independent pharmaceutical wholesalers in the United States, operating its business from an owned facility in Novi, Michigan. The Debtor's customers through the years included many local and national chains, such as Revco, Cunningham Drug, Apex, Kmart, Arbor, Meijer, Inc., and Sav-Mor Drugs. It provided retail customers with brand and generic pharmaceuticals, over-the-counter drugs, private label goods, sundries and promotional programs. The Debtor is represented by Stephen M. Gross, Esq. and Jayson B. Ruff, Esq., at McDonald Hopkins PLC. Epiq Bankruptcy Solutions, LLC serves as the Debtor's noticing, claims and balloting agent. The Debtor hired Conway Mackenzie Management Services, LLC as restructuring consultant and Jeffrey K. Tischler as chief restructuring officer. On Sept. 28, 2016, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. The Committee has tapped Lowenstein Sandler LLP as lead counsel; Wolfson Bolton PLLC as local counsel; and BDO USA, LLP, as financial advisor. GAGON OIL: Seeks to Hire Broege Neumann as Legal Counsel -------------------------------------------------------- Gagon Oil, LLC seeks approval from the U.S. Bankruptcy Court for the District of New Jersey to hire legal counsel in connection with its Chapter 11 case. The Debtor proposes to hire Broege, Neumann, Fischer & Shaver, LLC to give legal advice regarding its duties under the Bankruptcy Code, negotiate with creditors to resolve their claims, assist in the preparation of a bankruptcy plan, and provide other legal services. The hourly rates charged by the firm are: Timothy Neumann $590 Peter Broege $500 Frank Fischer $325 David Shaver $325 Paralegals $100 Timothy Neumann, Esq., disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Timothy P. Neumann, Esq. Broege, Neumann, Fischer & Shaver, LLC 25 Abe Voorhees Drive Manasquan, New Jersey 08736 Phone: (732) 223-8484 About Gagon Oil LLC Gagon Oil, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 17-11895) on January 31, 2017. The case is assigned to Judge Michael B. Kaplan. At the time of the filing, the Debtor estimated assets and liabilities of less than $500,000. GAINESVILLE HOSPITAL: U.S. Trustee Forms 5-Member Committee ----------------------------------------------------------- The U.S. trustee for Region 6 on Feb. 1 appointed five creditors of Gainesville Hospital District to serve on the official committee of unsecured creditors. The committee members are: (1) Jerry Carpenter Morrison Management Specialists, Inc. 4721 Morrison Dr., Suite 300 Mobile, AL 36609 Phone: (251)-461-3020 Fax: (251)-461-3193 Email: jerrycarpenter@iammorrison.com (2) Roger McMullen Amerisourcebergen Drug Corp. 10910 Lee Vista Blvd., Suite 401 Orlando, FL 32829 Phone: (407)-454-6637 Email: rmcmullen@amerisourcebergen.com (3) Colleen Steig Medtronic 800 53RD Ave. NE, MS SLK27 Columbia Heights MN 55421-1241 Phone: (763)-505-6538 Fax: (763)-367-1403 Email: colleen.m.stieg@medtrontic.com (4) Justin B. Tilley Northstar Anesthesia, P.A. 6225 N. State Highway 121, Suite 200 Irving, TX 75038 Phone: (214)-687-0532 (214)-687-0996 Email: Justin.tilley@northstaranesthesia.com (5) Dean Tullis Voice Products Service LLC 8555 e. 32ND Street N. Wichita, KS 67226 Phone: (316)-616-1111 Fax: (316)263-1823 Email: dtullis@voiceproducts.com Official creditors' committees have the right to employ legal and accounting professionals and financial advisors, at a debtor's expense. They may investigate the debtor's business and financial affairs. Importantly, official committees serve as fiduciaries to the general population of creditors they represent. The Debtor is represented by: Julie Goodrich Harrison, Esq. Norton Rose Fulbright US LLP 1301 McKinney St., Ste. 5100 Houston, TX 77010 Tel: 713-651-5434 Fax: 713-651-5246 Email: julie.harrison@nortonrosefulbright.com - and - Ryan Manns, Esq. Norton Rose Fulbright US LLP 2200 Ross Ave., Ste. 3600 Dallas, TX 75201 Tel: 214-855-8000 Fax: 214-855-8200 Email: ryan.manns@nortonrosefulbright.com About Gainesville Hospital District Gainesville Hospital District filed a Chapter 9 petition (Bankr. E. D. Tex. Case No. 17-40101) on January 17, 2017. The petition was signed by Ramin Roufeh, chief executive officer. At the time of the filing, the Debtor estimated its assets and liabilities at $10 million to $50 million. GARDEN FRESH: Taps Tim Boates of RAS Management as CRO ------------------------------------------------------ Garden Fresh Restaurant Intermediate Holding, LLC, et al., seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ Timothy D. Boates of RAS Management Advisors, LLC as chief restructuring officer to the Debtors. Garden Fresh requires RAS Management and Mr. Boates to: (a) review, approve, and execute any pleadings related to the Debtors' ongoing DIP period operations; (b) review, approve, and submit all required DIP period reporting, including but not limited to monthly operating reports; (c) provide oversight and management of all of the Debtors' financial assets and obligations to ensure compliance with DIP requirements; (d) assist the buyer of the Debtors' assets with any requirements related to the assignment, transfer, or origination of State and local liquor licenses related to the continuing operations of assets purchased by the buyer from the Debtors; and (e) review, approve, and execute any or all executory contract, lease rejection actions related to any such items not otherwise assumed by or assigned to the buyer of the Debtors' assets either at the time of the approval of the proposed sale of the Debtors' assets to the buyer, or during any designation period allowed by the US Bankruptcy Code as part of the approval of the sale of the Debtors' assets to the buyer. RAS Management will be paid at these hourly rates: Timothy Boates $550 Michael Rizzo $380 RAS will be subject to a fee cap of not more than $10,000 per month, excluding any out-of-pocket expenses. RAS Management will also be reimbursed for reasonable out-of-pocket expenses incurred. Timothy D. Boates, member of RAS Management Advisors, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) are not creditors, equity security holders or insiders of the Debtor; (b) have not been, within two years before the date of the filing of the Debtor's chapter 11 petition, directors, officers or employees of the Debtor; and (c) do not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtor, or for any other reason. RAS Management can be reached at: Timothy D. Boates RAS MANAGEMENT ADVISORS 1285 Sharps Cove Road Gurley, AL 35748 Tel: (256) 776-4989 Fax: (734) 520-6779 About Garden Fresh Restaurant Founded in 1978 and headquartered in San Diego, CA, Garden Fresh owns of 123 Souplantation and Sweet Tomatoes restaurants across 15 states. Garden Fresh has 5,500 employees, approximately 5,000 of whom are employed on an hourly basis. Garden Fresh Restaurant Intermediate Holding, LLC, and itsÂ¨affiliates filed chapter 11 petitions (Bankr. D. Del. Case Nos.16-12174 to 16-12178) on Oct. 3, 2016. The petitions were signed byJohn D. Morberg, chief executive officer. The Debtors have hired Morgan, Lewis & Bockius LLP as general counsel; Young, Conaway, Stargatt & Taylor, LLP as local counsel; Piper Jaffray Companies as financial advisor; and Epiq Bankruptcy Solutions, LLC as claims and noticing agent. At the time of the filing, Garden Fresh Restaurant IntermediateHoldings estimated assets and debts at $0 to $50,000. Andrew R. Vara, Acting U.S. Trustee for Region 3, on Oct. 13, 2016, appointed five creditors of Garden Fresh Restaurant Intermediate Holdings, LLC, et al., to serve on the official committee of unsecured creditors. GARLOCK SEALING: Court Approves Asbestos Settlement Agreement ------------------------------------------------------------- EnPro Industries, Inc., disclosed that on Feb. 1, 2017 the U.S. Bankruptcy Court for the Western District of North Carolina (the "Bankruptcy Court") announced its decision to enter an order approving the previously announced settlement agreement (the "Canadian Settlement Agreement") with workers' compensation boards for each of the ten Canadian Provinces to resolve current and future asbestos claims. The Bankruptcy Court presides over the asbestos claims resolution proceedings involving EnPro's subsidiaries, Garlock Sealing Technologies LLC ("GST"), Garrison Litigation Management Group, Ltd. and OldCo, LLC, the corporate successor to Coltec Industries Inc ("Coltec"). An agreement for the settlement regarding these Canadian claims has been a condition to EnPro, Coltec and GST's obligations to proceed with the March 2016 comprehensive settlement (the "Comprehensive Settlement") reached with the court-appointed committee representing current asbestos claimants, the court-appointed legal representative of future asbestos claimants in GST's asbestos claims resolution process pending in the Bankruptcy Court, and representatives for current and future asbestos claimants against Coltec. As contemplated by the Comprehensive Settlement, GST and Coltec have filed a modified joint plan of reorganization (the "Joint Plan") with the Bankruptcy Court. The terms of the Canadian Settlement Agreement, which was announced by EnPro on November 19, 2016, provided that it would not be effective unless the Bankruptcy Court entered an order approving it or concluding that Bankruptcy Court approval is not necessary for the EnPro parties to the Canadian Settlement Agreement that are not debtors under the Joint Plan to enter into and consummate the agreement. The Joint Plan remains subject to approval by the Bankruptcy Court and the U.S. District Court for the Western District of North Carolina (the "District Court"). The Canadian Settlement Agreement further provides that it is not binding on any of the EnPro parties unless and until the effective date of the Joint Plan shall have occurred. About Garlock Sealing Headquartered in Palmyra, New York, Garlock Sealing Technologies LLC is a unit of EnPro Industries, Inc. (NYSE: NPO). For more than a century, Garlock has been helping customers efficiently seal the toughest process fluids in the most demanding applications. On June 5, 2010, Garlock filed a voluntary Chapter 11 petition (Bankr. W.D.N.C. Case No. 10-31607) in Charlotte, North Carolina, to establish a trust to resolve all current and future asbestos claims against Garlock under Section 524(g) of the U.S. Bankruptcy Code. The Debtor estimated $500 million to $1 billion in assets and up to $500 million in debts as of the Petition Date. Affiliates The Anchor Packing Company and Garrison Litigation Management Group, Ltd., also filed for bankruptcy. Albert F. Durham, Esq., at Rayburn Cooper & Durham, P.A., represents the Debtor in their Chapter 11 effort. Garland S. Cassada, Esq., at Robinson Bradshaw & Hinson, serves as counsel for asbestos matters. The Official Committee of Unsecured Creditors is represented by FisherBroyles LLP. The Official Committee of Asbestos Personal Injury Claimants in the Chapter 11 cases is represented by Travis W. Moon, Esq., at Hamilton Moon Stephens Steele & Martin, PLLC, in Charlotte, NC, Elihu Inselbuch, Esq., at Caplin & Drysdale, Chartered, in New York, and Trevor W. Swett III, Esq., Leslie M. Kelleher, Esq., and Jeanna Rickards Koski, Esq., in Washington, D.C. 20005. Joseph W. Grier, III, the Court-appointed legal representative for future asbestos claimants, has retained A. Cotten Wright, Esq., at Grier Furr & Crisp, PA, and Richard H. Wyron, Esq., and Jonathan P. Guy, Esq., at Orrick, Herrington & Sutcliffe LLP, as his co-counsel. Judge George Hodges of the U.S. Bankruptcy Court for the Western District of North Carolina on Jan. 10, 2014, entered an order estimating the liability for present and future mesothelioma claims against Garlock Sealing at $125 million, consistent with the positions GST put forth at trial. In January 2015, the Debtors filed their Second Amended Plan of Reorganization, which is backed by the Future Asbestos Claimants' Representative (FCR). GARLOCK SEALING: Restructuring of Enpro's Coltec Completed ---------------------------------------------------------- EnPro Industries, Inc. on Jan. 30, 2017, reported that, as contemplated by the joint plan of reorganization to resolve all current and future asbestos claims against its subsidiaries Garlock Sealing Technologies LLC ("GST") and Coltec Industries Inc ("Coltec") that was filed in GST's asbestos claims resolution process (the "ACRP") under Chapter 11 of the Bankruptcy Code pending in the U.S. Bankruptcy Court for the Western District of North Carolina (the "Bankruptcy Court"), the anticipated corporate restructuring of EnPro's Coltec subsidiary has been completed. As planned, Coltec merged with and into a new indirect subsidiary of EnPro, OldCo, LLC ("OldCo"), and OldCo, as the successor to Coltec, filed a pre-packaged Chapter 11 bankruptcy petition with the Bankruptcy Court on January 30, 2017. OldCo and GST have filed a motion with the Bankruptcy Court for OldCo's Chapter 11 proceedings to be administered jointly with GST's pending Chapter 11 proceedings. The joint plan of reorganization was proposed pursuant to a comprehensive settlement, announced on March 17, 2016, with the court-appointed committee representing current asbestos claimants and the court-appointed legal representative of future asbestos claimants in the ACRP, as well as with ad-hoc representatives for current and future asbestos claimants against Coltec. The joint plan remains subject to approval by the Bankruptcy Court and the U.S. District Court for the Western District of North Carolina (the "District Court") and, if so approved and consummated, would permanently resolve all current and future asbestos claims against GST and Coltec/OldCo and would protect all of EnPro and its subsidiaries from those claims, under Section 524(g) of the U.S. Bankruptcy Code. Under the joint plan, the corporate restructuring of Coltec to facilitate the implementation of the settlement was contingent upon the approval of the joint plan by asbestos claimants. The vote of the asbestos claimants approving the joint plan was certified on December 16, 2016, and the corporate restructuring was completed on December 31, 2016. Prior to this corporate restructuring, all operating businesses of EnPro were operated either directly by Coltec or by direct or indirect subsidiaries of Coltec. In the restructuring, all of Coltec's significant operating assets and subsidiaries were distributed to a new direct, wholly owned subsidiary of EnPro, EnPro Holdings, Inc. ("EnPro Holdings"). EnPro Holdings assumed substantially all of Coltec's non-asbestos liabilities. As part of the corporate restructuring, Coltec merged with and into OldCo, which is a newly formed direct subsidiary of EnPro Holdings. OldCo, as the restructured entity and the successor to Coltec, retained responsibility for all asbestos claims and rights to certain insurance assets of Coltec. It also retained ownership of the business operated by its EnPro Learning System, LLC subsidiary ("EnPro Learning System"), which provides occupational safety training and consulting services offered to third parties; EnPro Learning System had 2016 revenues of approximately $364,000. In connection with the restructuring, EnPro Holdings entered into a keep well agreement with OldCo. Under the keep well agreement, EnPro Holdings has agreed to make equity contributions to OldCo sufficient, together with other funds available to OldCo, to permit OldCo to pay and discharge its liabilities as they become due and payable. Prior to the commencement of OldCo's Chapter 11 proceedings, OldCo was released from its obligations with respect to all outstanding indebtedness for borrowings or evidenced by notes or similar instruments, including its obligations with respect to the outstanding intercompany notes to GST (which obligations were assumed by EnPro Holdings and which intercompany notes were amended to extend their maturity date to January 1, 2018). OldCo was also released as a guarantor under EnPro's $300 million senior secured revolving credit facility and under the indenture governing EnPro's 5.875% senior notes due 2022 (OldCo having been designated as an "unrestricted subsidiary" under the terms of such indenture). During the pendency of OldCo's Chapter 11 proceedings, certain actions proposed to be taken by OldCo not in the ordinary course of business will be subject to approval by the Bankruptcy Court. As a result, during the pendency of the OldCo's Chapter 11 proceedings, EnPro will not have exclusive control over OldCo, and, as required by GAAP, OldCo will be deconsolidated from EnPro's consolidated financial statements beginning on January 30, 2017. EnPro does not anticipate recognizing any material gain or loss in connection with such deconsolidation of OldCo. Steve Macadam, EnPro's President and Chief Executive Officer, said, "Completing the corporate restructuring of Coltec and the commencement of OldCo's prepackaged Chapter 11 petition moves us two steps closer to permanent resolution of these asbestos claims. While a number of steps still remain, we continue to anticipate receiving all necessary court approvals for confirmation of the joint plan, with the target that GST and OldCo will consummate the joint plan and emerge from bankruptcy during the third quarter of 2017." About EnPro Industries EnPro Industries, Inc. -- http://www.enproindustries.com-- is a provider of sealing products, metal polymer and filament wound bearings, components and service for reciprocating compressors, diesel and dual-fuel engines and other engineered products for use in critical applications by industries worldwide. About Garlock Sealing Headquartered in Palmyra, New York, Garlock Sealing Technologies LLC is a unit of EnPro Industries, Inc. (NYSE: NPO). For more than a century, Garlock has been helping customers efficiently seal the toughest process fluids in the most demanding applications. On June 5, 2010, Garlock filed a voluntary Chapter 11 petition (Bankr. W.D.N.C. Case No. 10-31607) in Charlotte, North Carolina, to establish a trust to resolve all current and future asbestos claims against Garlock under Section 524(g) of the U.S. Bankruptcy Code. The Debtor estimated $500 million to $1 billion in assets and up to $500 million in debts as of the Petition Date. Affiliates The Anchor Packing Company and Garrison Litigation Management Group, Ltd., also filed for bankruptcy. Albert F. Durham, Esq., at Rayburn Cooper & Durham, P.A., represents the Debtor in their Chapter 11 effort. Garland S. Cassada, Esq., at Robinson Bradshaw & Hinson, serves as counsel for asbestos matters. The Official Committee of Unsecured Creditors is represented by FisherBroyles LLP. The Official Committee of Asbestos Personal Injury Claimants in the Chapter 11 cases is represented by Travis W. Moon, Esq., at Hamilton Moon Stephens Steele & Martin, PLLC, in Charlotte, NC, Elihu Inselbuch, Esq., at Caplin & Drysdale, Chartered, in New York, and Trevor W. Swett III, Esq., Leslie M. Kelleher, Esq., and Jeanna Rickards Koski, Esq., in Washington, D.C. 20005. Joseph W. Grier, III, the Court-appointed legal representative for future asbestos claimants, has retained A. Cotten Wright, Esq., at Grier Furr & Crisp, PA, and Richard H. Wyron, Esq., and Jonathan P. Guy, Esq., at Orrick, Herrington & Sutcliffe LLP, as his co-counsel. Judge George Hodges of the U.S. Bankruptcy Court for the Western District of North Carolina on Jan. 10, 2014, entered an order estimating the liability for present and future mesothelioma claims against Garlock Sealing at $125 million, consistent with the positions GST put forth at trial. In January 2015, the Debtors filed their Second Amended Plan of Reorganization, which is backed by the Future Asbestos Claimants' Representative (FCR). GATEWAY ENTERTAINMENT: Hires Hill Barth as Accountant ----------------------------------------------------- Gateway Entertainment Studios LP, seeks authority from the U.S. Bankruptcy Court for the Western District of Pennsylvania to employ Hill Barth & King LLC as accountant to the Debtor. Gateway Entertainment requires Hill Barth to: a. prepare, review and file tax returns on behalf of the Debtor; and b. prepare the Partnership Tax Returns and provide general accounting services. Hill Barth will be paid at these hourly rates: Principal $295 Senior Manager $190 Manager $160 Senior $130 Associate $110 Administrative $85 Hill Barth will also be reimbursed for reasonable out-of-pocket expenses incurred. Martin M. Gargano, member of Hill Barth & King LLC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Hill Barth can be reached at: Martin M. Gargano HILL BARTH & KING LLC 3110 Highland Road, Suite 101 Hermitage, PA 16148 Tel: (724) 981-7550 About Gateway Entertainment Gateway Entertainment Studios, L.P., filed a Chapter 11 petition (Bankr. W.D. Pa. Case No. 16-21628) on April 29, 2016. At the time of filing, the Debtor listed total assets of $12.15 million and total debts of $9.87 million. Judge Carlota M. Bohm is assigned to the case. When it filed for bankruptcy, Gateway Entertainment tapped Richard R. Tarantine, Esq., at Tarantine & Associates, as its bankruptcy counsel. Mr. Tarantine later moved to Jones Gregg Creehan & Gerace, LLP. Gateway then hired the Law Offices of Robert O Lampl as counsel. The U.S. trustee for Region 3 on June 2, 2016, appointed three creditors of Gateway Entertainment Studios, LP, to serve on the official committee of unsecured creditors. The Committee is represented by Kirk B. Burkley, Esq., at Bernstein-Burkley, P.C., in Pittsburgh, Pennsylvania. GFD CONSTRUCTION: Case Summary & 16 Largest Unsecured Creditors --------------------------------------------------------------- Debtor: GFD Construction, Inc. 470 E. Ensley St. Pensacola, FL 32514 Tel: (850) 477-3554 Case No.: 17-30084 Chapter 11 Petition Date: February 1, 2017 Court: United States Bankruptcy Court Northern District of Florida (Pensacola) Judge: Hon. Jerry C. Oldshue Jr. Debtor's Counsel: Jason Michael Osborn, Esq. OSBORN GROUP, LLC 308 Magnolia Avenue, Suite 102 Fairhope, AL 36532 Tel: 251-929-5050 E-mail: josborn@osborngroupllc.com Estimated Assets: $50,000 to $100,000 Estimated Liabilities: $1 million to $10 million The petition was signed by Anthony J. Green, Sr., president. A copy of the Debtor's list of 16 unsecured creditors is available for free at http://bankrupt.com/misc/flnb17-30084.pdf GM OILFIELD: Court Allows Cash Collateral Use on Final Basis ------------------------------------------------------------ Judge H. Christopher Mott of the U.S. Bankruptcy Court for the Western District of Texas authorized GM Oilfield & Trucking Services, LLC to use cash collateral on a final basis until a Chapter 11 Plan of Reorganization is confirmed or otherwise ordered by the Court. The Debtor was authorized to use the revenues generated by its business operations and reflected by its Accounts Receivable, subject to the security interests and/or tax liens of: (1) Commercial State Bank on cash collateral and personal property pursuant to a prepetition Equipment Loan, with a balance of $830,817.62. (2) United States of America, Internal Revenue Service pursuant to a prepetition Federal Tax Lien. The Debtor owes the IRS $883,504.56; and (3) Ally Bank pursuant to two prepetition notes, with a balance of $104,606.88. The approved Budget provided for total expenses in the amount of $253,922. The Debtor is directed to make monthly adequate protection payments in the amount of $6,250 to Commercial State Bank, $4,500 to the IRS, and $500 to Ally Bank. The Debtor was further directed to provide the Secured Creditors with replacement liens equivalent to their prepetition liens. The Debtor is ordered to provide and maintain adequate insurance coverage on any personal property to which the Secured Creditors' liens may attach. The Debtor was further ordered to remain current with all tax obligations, including tax deposits to employee withholding for income, Social Security taxes and hospital insurance and employer's contribution for Social Security taxes and deposits. A full-text copy of the Final Order, dated Jan. 25, 2017, is available at http://bankrupt.com/misc/GMOilfield2016_1631581hcm_96.pdf Commercial State Bank is represented by: Randall L. Rouse, Esq. LYNCH, CHAPPELL & ALSUP The Summit, Suite 700 300 North Marienfeld Midland, TX 79701-4345 Telephone: (432) 683-3351 E-mail: rrouse@lcalawfirm.com About GM Oilfield & Trucking Services, LLC GM Oilfield & Trucking Services, LLC, doing business as GM Trucking, filed a chapter 11 petition (Bankr. W.D. Tex. Case No. 16-31581) on Oct. 5, 2016. The petition was signed by George Magallanes, manager. The Debtor is represented by Carlos A. Miranda, III, Esq., at Miranda & Maldonado, P.C. The case is assigned to Judge Christopher H. Mott. The Debtor estimated assets at $500,000 to $1 million and liabilities at $1 million to $10 million at the time of the filing. GOLFSMITH INTERNATIONAL: Plan Filing Period Extended Thru May 12 ---------------------------------------------------------------- Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court for the District of Delaware extended the exclusive periods during which only Golfsmith International Holdings, Inc. and its affiliated Debtors may file a chapter 11 plan and solicit acceptances to the plan, through May 12, 2017 and July 11, 2017, respectively. The Troubled Company Reporter had earlier reported that the Debtors sought exclusivity extension telling the Court that they had worked toward the winding down of their businesses and affairs by (i) commencing the Store Closing Sales, (ii) securing a binding offer for the purchase of the Debtors' headquarters located in Austin, Texas, (iii) seeking the assumption and assignment of numerous unexpired leases, and (iv) rejecting other burdensome executory contracts and unexpired leases. The Debtors further told the Court that they had sold substantially all of their assets and were working diligently towards an exit strategy that would facilitate the distribution of the value obtained from these efforts to the Debtors' various creditor constituencies. About Golfsmith International Holdings, Inc. Headquartered in Austin, Texas, Golfsmith International Holdings, Inc., the parent company of Golfsmith International, Inc., is a holding company. The Company is a specialty retailer of golf and tennis equipment, apparel, footwear and accessories. The Company operates as an integrated multi-channel retailer, providing its customers the convenience of shopping in the retail stores across United States, through its Internet site, http://www.golfsmith.com/,and from its catalogs. The Company offers a product selection that features national brands, pre-owned clubs and its branded products. It offers a number of customer services and customer care initiatives, including its club trade-in program, 30-day playability guarantee, 115% low- price guarantee, its credit card, in-store golf lessons, and SmartFit, its club-fitting program. As of Jan. 1, 2011, the Company operated 75 stores in 21 states and 33 markets. Golfsmith International Holdings, Inc., and 12 affiliates filed Chapter 11 petitions (Bankr. D. Del. Case No. 16-12033) on Sept. 14, 2016. The petitions were signed by Brian E. Cejka, chief restructuring officer. The Debtors are represented by Mark D. Collins, Esq., John H. Knight, Esq., Zachary I. Shapiro, Esq., and Brett M. Haywood, Esq., at Richards, Layton & Finger, P.A., in Wilmington, Delaware; and Michael F. Walsh, Esq., David N. Griffiths, Esq., and Charles M. Persons, Esq., at Weil, Gotshal & Manges LLP, in New York. The Debtors' financial advisor is Alvarez & Marsal North America, LLC. The Debtors' investment banker is Jefferies LLC. The Debtors' claims, noticing and solicitation agent is Prime Clerk LLC. Pope Shamsie & Dooley LLP serves as tax accountants. At the time of filing, the Debtor estimated assets and liabilities at $100 million to $500 million. Andrew Vara, acting U.S. trustee for Region 3, on Sept. 23, 2016, appointed seven creditors to serve on the official committee of unsecured creditors. The Committee hires Cooley LLP as lead counsel, Chaitons LLP as Canadian counsel, Polsinelli PC as Delaware counsel, Province, Inc. as financial advisor, and A&G Realty Partners as real estate advisor. GRACE UNLIMITED: Case Summary & 20 Largest Unsecured Creditors -------------------------------------------------------------- Debtor: Grace Unlimited Ventures, LLC c/o Henry Emezie, Managing Member 9008 Lacerne Court Waxhaw, NC 28173 Case No.: 17-30164 Nature of Business: Single Asset Real Estate Chapter 11 Petition Date: February 1, 2017 Court: United States Bankruptcy Court Western District of North Carolina (Charlotte) Judge: Hon. Laura T. Beyer Debtor's Counsel: James H. Henderson, Esq. THE HENDERSON LAW FIRM 1201 Harding Place Charlotte, NC 28204-2248 Tel: 704.333.3444 Fax: 704.333.5003 E-mail: henderson@title11.com Total Assets: $1.70 million Total Liabilities: $1.48 million The petition was signed by Henry Emezie, managing member. The Debtor has no unsecured creditor. A full-text copy of the petition is available for free at: http://bankrupt.com/misc/ncwb17-30164.pdf GRACIOUS HOME: Wants $3-Mil. DIP Loan From Gracious Home Lending ---------------------------------------------------------------- Gracious Home LLC and its affiliated debtors ask the U.S. Bankruptcy Court for the Southern District of New York for authorization to obtain postpetition financing from Gracious Home Lending LLC. The Debtors seek to obtain a $3,000,000 DIP Facility which will be used to satisfy the prepetion secured claim of Signature Bank's assignee, and provide the Debtors with needed working capital. The relevant terms, among others, of the DIP Loan are: (a) DIP Facility: A term loan made available to the Borrowers in a principal amount of up to $3,000,000, $1 million upon entry of the Interim DIP Order and the remainder upon entry of the Final DIP Order, and amounts advanced by the DIP Lender under the DIP Facility. (b) DIP Collateral: The DIP Liens include: (1) first priority liens upon and security interests in all Accounts and payment intangibles, Inventory and Documents for any Inventory, and all Intellectual Property and related assets; and (2) first priority liens upon and security interests in all of those other items and types of collateral in which security interests may be created under Article 9 of the Uniform Commercial Code; all of those other items and types of collateral not governed by Article 9 of the Uniform Commercial Code, including, without limitation, to the extent not permitted by applicable nonbankruptcy law, licenses issued by any federal or state regulatory authority, any leasehold or other real property interests, and commercial tort claims of the Debtors; any and all other DIP Collateral of any nature or form; and the products, rents, offspring, profits, and proceeds of any of the foregoing. (c) DIP Liens and Claims: The DIP Lender will be granted the following liens and claims: (1) Superpriority administrative expense claims with priority over all other administrative expenses, subject to the Carve-Out; and (2) A first priority security interest and lien on all Accounts and payment intangibles, Inventory and Documents for any Inventory, and all Intellectual Property and related assets; and on all assets of the Debtors and their Estates. (d) Maturity: The maturity date of the DIP Facility will be the earliest of: (1) stated maturity, which will be December 31, 2017; (2) the effective date of any Chapter 11 plan of the Borrowers that is reasonably acceptable to the DIP Lenders; (3) the date that is 30 days after the Interim Order Entry Date if the Final Order will not have been entered by such date; and (4) the acceleration of the loans or termination of the commitments under the DIP Facility. (e) Interest Rate and Fees: The DIP Loans will bear interest on the unpaid principal amount thereof plus all obligations owing to, and rights of, the DIP Lenders pursuant to the DIP Credit Agreement, including without limitation, all interest, fees, and costs accruing thereon from the date of the DIP Credit Agreement to and including the Maturity Date, at an annual rate of 15%. The DIP Loan Documents will also provide for a 2% commitment fee and a 2% facility fee, payable as part of the first advance. There is also an exit fee of 5%, payable upon the Maturity Date or prepayment of the DIP Facility. Borrowers are also responsible for DIP Lender’s expenses, as well as a non-refundable work fee of $100,000 to DIP Lender’s attorney upon entry of the Interim Order. (f) Adequate Protection: The DIP Lender will be granted additional valid, binding, enforceable, non-avoidable and automatically perfected postpetition security interests in and liens on all property, and all their products, proceeds and supporting obligations, subject to the Carve-Out and the DIP Claims. As additional adequate protection, the Debtors will pay the reasonable and documented fees and expenses incurred after the Petition date of the DIP Lender or its counsel, Arent Fox LLP. (g) Carve-Out: Consists of: (1) all fees required to be paid to the Clerk of the Court and to the Office of the United States Trustee; (2) fees and expenses up to $25,000 incurred by a trustee under Section 726(b) of the Bankruptcy Code; (3) all accrued but unpaid costs, fees, and expenses incurred by persons or firms retained by the Debtors pursuant to Sections 327, 328, or 363 of the Bankruptcy Code and any official committee appointed in these Cases, including the Creditors’ Committee at any time before or on the first business day following delivery by the DIP Lender of a Carve-Out Trigger Notice, to the extent allowed at any time whether allowed by interim order, procedural order, or otherwise; and (4) after the first business day following delivery by the DIP Lender of the Carve-Out Trigger Notice, to the extent allowed at any time, whether by interim order, procedural order, or otherwise, the payment of Professional Fees of Professional Persons in an aggregate amount not to exceed $175,000 for both the Debtor Professionals and the Committee Professionals. A hearing on the Debtors' Motion is scheduled on Jan. 31, 2017 at 12:00 p.m. A full-text copy of the Debtor's Motion, dated Jan. 25, 2017, is available at http://bankrupt.com/misc/GraciousHome2016_1613500mkv_128.pdf About Gracious Home LLC Gracious Home LLC and its affiliates filed for bankruptcy protection (Bankr. S.D.N.Y. Case No. 16-13500) on Dec. 14, 2016. The Debtors estimated $10 million to $50 million in assets and liabilities as of the bankruptcy filing. The Debtors tapped Joseph J. DiPasquale, Esq., at Trenk, Dipasquale, Della Ferra & Sodono, P.C., as counsel. The Debtors also tapped B. Riley & Co. as restructuring advisor, A&G Realty Partners, LLC, as real estate advisor, and Prime Clerk LLC as claims and noticing agent. The Office of the U.S. Trustee on Jan. 6, 2017, appointed five creditors of Gracious Home LLC to serve on an official committee of unsecured creditors. GRAFTON FRASER: Richter Advisory Named CCAA Monitor --------------------------------------------------- The Ontario Superior Court of Justice (Commercial List) issued on Jan. 25, 2017, an initial order under the Companies' Creditors Arrangement Act in respect of Grafton-Fraser Inc., in the proceeding bearing Court file No. CV-17-11677-00Cl declaring that Grafton-Fraser is a company to which the CCAA applies. Richter Advisory Group has been appointed monitor in the Company's CCAA proceeding. Information regarding the CCAA Proceedings maybe obtained from: Gilles Benchaya Richter Advisory Group Inc 181 Bay St., Suite 3320 Bay Wellington Tower Toronto, ON M5J 2T3 Tel: 514.934.3496 Tel: 416.488.2345 Tel: 1.888.805.1793 Email: gbenchaya@richterconsulting.com -- or -- Adam Sherman Richter Advisory Group Inc 181 Bay St., Suite 3320 Bay Wellington Tower Toronto, ON M5J 2T3 Tel: 416.642.4836 Tel: 416.488.2345 Tel: 1.888.805.1793 Email: asherman@richter.ca Information can be accessed from the firm's website at http://www.richter.ca/Folder/Insolvency-Cases/G/Grafton-Fraser-Inc Grafton Fraser Inc. -- http://www.graftonfraser.com-- is a Canadian retailor of men's apparel. The company operates through its retail chains; Tip Top Tailors, George Richards Big & Tall, Mr. Big and Tall, and Kingsport Big and Tall Clothiers. GURKARN DIAMOND: Hires Orchid Global as Property Manager -------------------------------------------------------- Gurkarn Diamond Hotel Corporation filed an emergency motion to the U.S. Bankruptcy Court for the Western District of Texas to approve management agreement with Orchid Global Hotels LLC to manage the Debtor's property located at 4706 N. Garfield Street, Midland, Texas 79701. The Debtor grants Orchid Global the sole and exclusive right to supervise and direct the management and operation of the Hotel. The term of the agreement was slated to commence on January 23, 2017, and will run continuously for 12 months until January 23, 2018. The Debtor will pay Orchid Global a basic management fee of $3,000 on a monthly basis which shall be an operating expense of the Hotel. Larry Williams, vice president operations of Orchid Global, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estate. Orchid Global can be reached at: Larry Williams ORCHID GLOBAL HOTELS, LLC 7129 Duckhorn Lane The Colony, TX 75056 About Gurkarn Diamond Hotel Gurkarn Diamond Hotel Corporation filed a chapter 11 petition (Bankr. W.D. Tex. Case No. 16-70183) on Nov. 14, 2016. The case is assigned to Judge Ronald B. King. The petition was signed by Satinder S. Gill, partner member. The Debtor is represented by Joyce W. Lindauer, Esq., at Joyce W. Lindauer Attorney, PLLC. The Debtor estimated assets and liabilities at $1 million to $10 million at the time of the filing. GYMBOREE CORP: CEO Steps Down Amid Debt Woes -------------------------------------------- The Gymboree Corporation on Jan. 27, 2017, announced that Mark Breitbard will be stepping down as Chief Executive Officer, once a successor has been appointed. Mr. Breitbard will assume the role of Chairman of the Board of Directors effective Feb. 1, 2017. "I have given serious thought to the evolving needs of The Gymboree Corporation as an organization, and I believe this is the right time for the Board of Directors to identify a new CEO to lead the Company forward as we continue to focus on the strategic plans for our brands," said Breitbard. The Board of Directors will initiate a search to identify a successor Chief Executive Officer to lead the Company going forward. "The board is grateful to Mark for his passion, leadership and significant contributions to Gymboree during his tenure, especially for building a very talented management team that will help lead the future of the Company," said Lew Klessel, a member of the Board of Directors. "We are also excited that Mark will remain with the Company as Chairman and continue to serve as CEO to ensure a smooth transition." $1.476 Billion Debt The Company reported a net loss of $10.89 million on net sales of $279.8 million for the 13 weeks ended Oct. 29, 2016, compared with a net loss of $9.652 million on net sales of $295.5 million for the 13 weeks ended Oct. 31, 2015. The Company reported $1.193 billion in assets and $1.476 billion in liabilities as of Oct. 29, 2016. Cash and cash equivalents was at $9.720 million as of Oct. 29. As of Oct. 29, 2016, the Company had $769.1 million outstanding under its senior credit facilities. The senior credit facilities were comprised of an $820 million secured term loan agreement ("Term Loan"), a $225 million asset-backed revolving credit facility ("ABL Facility"), and $50 million ABL Term loan. "We believe that cash generated by operations, the remaining funds available under our Senior Credit Facilities and existing cash and cash equivalents will be sufficient to meet working capital requirements, service our debt, and finance capital expenditures over the next 12 months. However, if we face unanticipated cash needs such as the funding of a capital investment, or if our suppliers request one or more letters of credit, our existing cash and cash equivalents and available borrowings may be insufficient. In addition, we do not expect our business will generate sufficient cash flow from operations and future borrowings may not be available to us under the Senior Credit Facilities in amounts sufficient to enable us to repay our indebtedness when due (including $49.4 million of ABL Term Loan due in December 2017, $769.1 million of Term Loan due in February 2018, and $171.0 million of Senior Notes due in December 2018), or to fund other liquidity needs. We also regularly evaluate market conditions, our liquidity profile, and various financing alternatives for opportunities to enhance our capital structure. We are continuing to actively pursue various financing alternatives, including refinancing and/or repurchasing our outstanding Senior Notes, incurring additional indebtedness, as well as other opportunities to improve our capital structure. If opportunities are favorable, we may consummate one or more of these initiatives and the amounts involved may be material," the Company said in its Form 10-Q for the period ended Oct. 29, 2016, filed with the SEC. A copy of the Form 10-Q is accessible for free at https://is.gd/NSGHGH About The Gymboree Corporation San Francisco-based The Gymboree Corporation's specialty retail brands offer unique, high-quality products delivered with personalized customer service. As of Oct. 29, 2016, the Company operated a total of 1,300 retail stores: 591 Gymboree stores (541 in the United States, 49 in Canada and 1 in Puerto Rico), 174 Gymboree Outlet stores (173 in the United States and 1 in Puerto Rico), 150 Janie and Jack shops (149 in the United States and 1 in Puerto Rico), and 385 Crazy 8 stores in the United States. The Company also operates online stores at http://www.gymboree.com/, http://www.janieandjack.com/and http://www.crazy8.com/ The Company was taken private by Bain Capital in 2010 in a deal valued at about $1.8 billion. * * * In early January 2017, S&P Global Ratings lowered its corporate credit rating on The Gymboree Corp. to 'CC' from 'CCC+'. The outlook is negative. At the same time, S&P lowered its issue-level rating on the company's senior secured term loan ($769.1 million outstanding as of Oct. 29, 2016) to 'CC' from 'CCC+'. The recovery rating on this debt instrument remains unchanged at '4', indicating S&P's expectation for average (30%-50%, low end) recovery in the event of default. The term loan matures on Feb. 23, 2018. The issue-level rating on the company's 9.125% senior unsecured notes ($171 million outstanding as of Oct. 29, 2016) due Dec. 1, 2018, remains 'D', reflecting S&P's expectation that further distressed exchanges on this debt is likely. The '6' recovery rating indicates S&P's expectation for negligible (0%-10%) recovery in the event of default. "The downgrade reflects significant near-term refinancing requirements, limited liquidity, and continuing weak operating performance. We expect further profitability erosion in the upcoming quarters and we believe the company could announce a distressed debt restructuring transaction over the next two quarters," said credit analyst Samantha Stone. "The company's ABL revolver and ABL term loan matures September 2020, but could become due December 2017, 60 days before the maturity of the term loan due February 2018 if the company is not able to extend the maturity on that debt facility. In addition, the company's 9.125% $400 million senior notes ($171 million currently outstanding) mature Dec. 1, 2018." HAGERSTOWN BLOCK: Can Continue Using Cash Until April 30 -------------------------------------------------------- Judge Thomas J. Catliota of the U.S. Bankruptcy Court for the District of Maryland authorized The Hagerstown Block Company and Hagerstown Concrete Products, Inc. to use the cash collateral of Ameriserv Financial Bank. The Ameriserv Bank consented to the use of its cash collateral pursuant to the terms of the Consent Order for the period of February 1, 2017 through April 30, 2017. The Debtors were authorized to use cash collateral in the ordinary course for the purposes of paying the Debtors' necessary expenses set forth on the Budget. The approved Budget prvides total operating expenses in the amount of $257,034 for the month of February 2017, $288,494 for March 2017, and $287,994 for the month of April 2017. The Debtors are indebted to Ameriserv Bank by virtue of a $998,000 Promissory Note and a $300,000 Promissory Note, secured by all the Debtors' inventory, chattel paper, accounts, equipment and general intangibles, and all their proceeds. The Debtors were directed to deliver to Ameriserv Bank a report of cash receipts and disbursements for the previous one-week period, and upon request by Ameriserv Bank , the Debtors will provide supporting documentation of budget items and expenditures pursuant to the Consent Order. The Debtors were also directed to continue to maintain their payment escrow account at Ameriserv Bank, presently approximately $72,000 will not be subject to the Cash Collateral Order and will remain in escrow without access to or use by the Debtors. Ameriserv Bank was granted replacement liens, to the extent that the Debtors' use of cash collateral results in a diminution of the Ameriserv Bank's collateral position as it existed on the date of the Debtors' bankruptcy filing, and as security for any and all indebtedness owed by the Debtors to Ameriserv Bank, whether post or prepetition, but only to the extent that the Bank held a pre-petition first priority lien in such collateral. A further hearing on the Debtor's use of cash collateral is scheduled on April 27, 2017, at 10:30 a.m. A full-text copy of the Consent Order, dated January 26, 2017, is available at https://is.gd/zpgqPh About The Hagerstown Block Company The Hagerstown Block Company and Hagerstown Concrete Products, Inc., filed Chapter 11 petitions (Bankr. D. Md. Case Nos. 16-19880 and 16-19881), on July 22, 2016. The petitions were signed by Doy C. Sneckenberger, president. The Debtors are represented by James A. Vidmar, Jr., Esq., at Yumkas, Vidmar, Sweeney & Mulrenin, LLC. The cases are assigned to Judge Thomas J. Catliota and Judge Wendelin I. Lipp, respectively. At the time of filing, each Debtor estimated assets and liabilities at $1 million to $10 million. The Debtors are debtors in possession, and the U.S. Trustee has not appointed a creditors' committee in the cases. HEAVENLY VISION: Has Until March 31 to File Plan of Reorganization ------------------------------------------------------------------ Judge Shelley C. Chapman of the U.S. Bankruptcy Court for the Southern District of New York extended the exclusive time periods within which Heavenly Vision Christian Center Inc. may file and solicit acceptances to a plan, through and including March 31, 2017 and May 31, 2017, respectively. The Debtor and Happy State Bank d/b/a GoldStar Trust Company, as trustee for the benefit of the bondholders of the Debtor, have agreed to extend the exclusivity periods, in lieu of a motion and hearing, in order to spare judicial resources and the administrative costs associated therewith. About Heavenly Vision Christian Center Heavenly Vision Christian Center Inc., dba Heavenly Vision Prayer Mountain, fka Cristiana Fuente De Salvacion Inc., is a church that operates out of, and services its community at, the real property located at 2868 Jerome Avenue, Bronx, New York. It also owns a retreat property in Westerlo, New York and 2 vacant lots on Sedgwick Avenue in the Bronx, New York. The Debtor filed for Chapter 11 bankruptcy protection (Bankr. S.D.N.Y. Case No. 15-13035) on Nov. 13, 2015. At the time of the filing, the Debtor estimated its assets and liabilities at between $1 million and $10 million each. The petition was signed by Salvador Sabino, pastor and president. Judge Shelley C. Chapman presides over the case. Adam P. Wofse, Esq., at Lamonica Herbst & Maniscalco, LLP, serves as the Debtor's bankruptcy counsel. The Debtor hires Kenneth Misrok, Esq., at Misrok Law Firm as Special Counsel. HEBREW HEALTH: Can Use Cash Collateral on Interim Basis ------------------------------------------------------- Judge Julie A. Manning of the U.S. Bankruptcy Court for the District of Connecticut authorized Hebrew Heath Care, Inc., et al., to use cash collateral on an interim basis. Judge Manning acknowledged that the Debtors do not have sufficient available sources to provide working capital to operate their businesses in the ordinary course without being allowed to use cash collateral. She further acknowledged that the Debtor's ability to provide patient services, and to maintain their business relationships with vendors, suppliers and employees, and to otherwise fund their operations, are essential to the Debtor's viability. Secured Creditors the United States Department of Housing and Urban Development, U.S. Bank, National Association, as Bond Trustee, and TD Bank, National Association, consented to the Debtor's use of cash collateral. Debtor Hebrew Home and Hospital's indebtedness to the Department of Housing and Urban Development in the amount of $1,300,000 was satisfied from the proceeds of the sale of Hebrew Home and Hospital's skilled nursing facility. The Department of Housing and Urban Development maintains its security interest in the personal property of Debtors Hebrew Home and Hospital and Debtor Hebrew Community Services, Inc., including but not limited to accounts receivable, furniture, fixtures and equipment and other tangible assets, to the same extent, validity and priority that such security existed on the Petition Date. The Department of Housing and Urban Development consents to the use of cash collateral to pay administrative expenses in Hebrew Home and Hospital's bankruptcy case. Hebrew Home and Hospital and Hebrew Community Services' plan of reorganization will grant the Department of Housing and Urban Development a $1,300,000 secured claim in Hebrew Home and Hospital and Hebrew Community Services' accounts receivable, but only having the same validity and priority that such security interest existed on the Petition Date to be paid from surplus cash as reported in individual financial statements for each entity. The Department of Housing and Urban Development will have an unsecured claim for the balance of the unpaid Pre-Petition Indebtedness. The Department of Housing and Urban Development agreed that as soon as reasonably practical after the closing date, $200,000 in accounts receivable collected by Hebrew Home and Hospital will be set aside and maintained in a segregated account by Hebrew Home and Hosptial for the exclusive benefit of allowed unsecured claims in its bankruptcy case. The Department of Housing and Urban Development further agreed that it will not receive any distribution on account of those funds and that it will not receive a distribution from the $150,000 paid by Hebrew Home for Health and Rehabilitation, LLC, the buyer of the skilled nursing facility, for the exclusive benefit of allowed unsecured claims in Hebrew Home and Hospital's bankruptcy case. Debtor Hebrew Life Choices is indebted to TD Bank in the amount of at least $14,890,000. The indebtedness is secured by valid, enforceable, properly perfected and unavoidable liens and security interests in Hebrew Life Choices' Real Property and all leases and rents derived from them; and all personal property of Hebrew Life Choices, subordinate only to the superpriority liens in cash, accounts receivable, and accounts granted to the DIP Lender in connection with the DIP Financing. The approved Consolidated Budget provided for total cash disbursements in the amount of $3,623,375, for the period December 31, 2016 through the week of March 4, 2017. The Department of Housing and Urban Development's cash collateral consists of: (a) cash that is currently in Hebrew Home and Hospital and Hebrew Community Service’s possession, custody or control, or in which Hebrew Home and Hospital and Hebrew Community Service will obtain an interest during the pendency of the Debtors’ bankruptcy cases; (b) cash equivalents whether in the form of negotiable instruments, documents of title, securities, deposit accounts, or in any other form which represent income, proceeds, products, rents, or profits of the Hebrew Home and Hospital and Hebrew Community Service Collateral that are now in Hebrew Home and Hospital and Hebrew Community Service's possession, custody or control, or in which Hebrew Home and Hospital and Hebrew Community Service will obtain an interest during the pendency of the Debtors’ bankruptcy cases; and (c) all other cash collateral within the meaning of section 363(a) of the Bankruptcy Code that is now in Hebrew Home and Hospital and Hebrew Community Service’s possession, custody or control, or in which Hebrew Home and Hospital and Hebrew Community Service will obtain an interest during the pendency of the Debtors’ bankruptcy cases. Hebrew Life Choices' cash collateral consists of: (a) cash that is currently in Hebrew Life Choices' possession, custody or control, or in which Hebrew Life Choices will obtain an interest during the pendency of the Debtors' bankruptcy cases; (b) cash equivalents, whether in the form of negotiable instruments, documents of title, securities, deposit accounts, or in any other form which represent income, proceeds, products, rents, or profits of the Hebrew Life Choices Collateral that are now in Hebrew Life Choices' possession, custody or control, or in which Hebrew Life Choices will obtain an interest during the pendency of the Debtors' bankruptcy cases; and (c) all other cash collateral within the meaning of Section 363(a) of the Bankruptcy Code that is now in Hebrew Life Choices' possession, custody or control, or in which Hebrew Life Choices will obtain an interest during the pendency of the Debtors' bankruptcy cases. The Department of Housing and Urban Development was granted valid and automatically perfected second-priority replacement liens on and replacement security interests in and upon Hebrew Home and Health and Hebrew Community Service's Collateral to the same extent, validity and priority as the Department of Housing and Urban Development possessed as of the Petition Date. U.S. Bank was granted automatically perfected replacement liens on and replacement security interests in and upon the Hebrew Life Choices Cash Collateral to the same extent, validity and priority as U.S. Bank possessed as of the Petition Date, subject only to the liens against accounts, accounts receivable, and cash and super-priority administrative expense granted to the DIP Lender in connection with the DIP Financing, the Carve-Out and the Preserved Actions. TD Bank was granted valid and automatically perfected replacement liens on and replacement security interests in and upon the Hebrew Life Choices Collateral to the same extent, validity and priority as TD Bank possessed as of the Petition Date, subject only to the liens against accounts, accounts receivable, and cash and super-priority administrative expense granted to the DIP Lender in connection with the DIP Financing and the liens and security interests held by U.S. Bank. The Department of Revenue Services, or the DRS, asserted a statutory right to set off Hebrew Home and Hospital's unpaid prepetition provider taxes against Hebrew Home and Hospital's prepetition Medicaid receivables. The Debtors acknowledged that unpaid prepetition provider taxes are owed by Hebrew Home and Hospital, but dispute that DRS has a right to set-off with respect to the same. Judge Manning held that as adequate protection of the right asserted by DRS to setoff amounts due and owing, as of the date of this Order, to Hebrew Home and Hospital by the State of Connecticut, Department of Social Services, in connection with the Medicaid program for services provided by Hebrew Home and Health prior to the Petition Date, against amounts that DRS alleges are due and owing by Hebrew Home and Hospital to DRS for unpaid provider taxes arising prior to the Petition Date, DRS’ asserted right to setoff against the Prepetition Medical Payables will attach to all Medicaid Payables due and owing to Hebrew Home and Hospital for services provided by Hebrew Home and Hospital after the Petition Date. The Carve-Out consists of: (1) allowed fees and reimbursement for disbursements of professionals retained by the Debtors in an aggregate amount for all such Debtors' Professional Fees not to exceed $350,000; (2) allowed fees and reimbursement for disbursements of professionals retained by the Official Committee of Unsecured Creditors in an aggregate amount of all such Official Committee's Professional Fees not to exceed $175,000; (3) quarterly fees pursuant to 28 U.S.C. Section 1930(a)(6) plus interest accrued pursuant to 31 U.S.C. Section 3717, and any fees payable to the clerk of the Bankruptcy Court; and (4) amounts due and owing to the Debtors' non-insider employees for post-petition wages. A further hearing to consider the Debtors' further use of cash collateral is scheduled on Feb. 28, 2017 at 11:00 a.m. The deadline for the filing of objections to the Debtors' further use of cash collateral is set on Feb. 24, 2017. A full-text copy of the Order, dated Dec. 27, 2016, is available at http://bankrupt.com/misc/HebrewHealthCare2016_1621311_582.pdf About Hebrew Health Care, Inc. Hebrew Health Care, Inc., Hebrew Life Choices, Inc., Hebrew Community Services, Inc., and Hebrew Home and Hospital, Incorporated, filed Chapter 11 petitions (Bankr. D. Conn. Case Nos. 16-21311, 16-21312, 16-21313, and 16-21314, respectively) on Aug. 15, 2016. The petitions were signed by Bonnie Gauthier, CEO. Their cases are assigned to Judge Ann M. Nevins. The Debtors are represented by Elizabeth J. Austin, Esq., at Pullman and Comley, LLC. At the time of the filing, Hebrew Health Care, Inc., estimated assets at $1 million to $10 million and liabilities at $100,000 to $500,000; Hebrew Life Choices, Inc. estimated assets at $10 million to $50 million and liabilities at $10 million to $50 million; Hebrew Community Services, Inc. estimated assets at $500,000 to $1 million and liabilities at $100,000 to $500,000; and Hebrew Home and Hospital estimated assets at $1 million to $10 million and liabilities at $10 million to $50 million. The United States Trustee for Region 2 appointed The Connecticut Light and Power Company, McKesson Corporation, and Morrison Management Specialists, Inc. to serve on the Official Committee of Unsecured Creditors. HEBREW HEALTH: Seeks to Hire Zangari Cohn as New Labor Counsel -------------------------------------------------------------- Hebrew Health Care, Inc. seeks approval from the U.S. Bankruptcy Court for the District of Connecticut to hire Zangari Cohn Cuthbertson Duhl & Grello P.C. Zangari will replace Siegel O'Connor O'Donnell Beck P.C., the firm initially hired by HHCI to provide various labor and employment services for the company and its three subsidiaries. HHCI terminated the services of Siegel after its lawyers, Glenn Duhl and Nicholas Grello, joined Zangari earlier this month. The hourly rates charged by the firm are: Hourly Rates for Hourly Rates for Insured Matters Uninsured Matters ---------------- ----------------- Partners $275/$250 $325 Associates $200 $275 Glenn Duhl, Esq., disclosed in a court filing that his firm does not hold any interest adverse to the Debtor or its bankruptcy estate. The firm can be reached through: Glenn A. Duhl, Esq. Zangari Cohn Cuthbertson Duhl & Grello P.C. 59 Elm Street, Suite 400 New Haven, CT 06510 Tel: 203-789-0001 Fax: 203-782-2766 Email: info@zcclawfirm.com About Hebrew Health Care Hebrew Health Care, Inc. provides management, human resources and payroll services to its three subsidiaries Hebrew Life Choices Inc., Hebrew Community Services Inc., and Hebrew Home and Hospital, Incorporated. The three provides rehabilitation services. The Debtors filed Chapter 11 petitions (Bankr. D. Conn. Case Nos. 16-21311, 16-21312, 16-21313, and 16-21314, respectively) on Aug. 15, 2016. The petitions were signed by Bonnie Gauthier, CEO. Their cases are assigned to Judge Ann M. Nevins. At the time of the filing, Hebrew Health Care estimated assets at $1 million to $10 million and liabilities at $100,000 to $500,000; Hebrew Life Choices estimated assets at $10 million to $50 million and liabilities at $10 million to $50 million; Hebrew Community Services estimated assets at $500,000 to $1 million and liabilities at $100,000 to $500,000; and Hebrew Home and Hospital estimated assets at $1 million to $10 million and liabilities at $10 million to $50 million. The Debtors are represented by Elizabeth J. Austin, Esq., at Pullman and Comley, LLC. Altman and Company, LLC and Marcum, LLP serve as financial advisor and auditor, respectively. On August 30, 2016, the U.S. Trustee for Region 2 appointed an official committee of unsecured creditors. The committee hired Zeisler & Zeisler, P.C. as its legal counsel and EisnerAmper LLP as its financial advisor. Anne Cahill Kluetsch, director and senior consultant of Kluetsch & Associates, LLC, was appointed as patient care ombudsman. Ms. Kluetsch is represented by Coan, Lewendon, Gulliver & Miltenberger, LLC. HIS GRACE OUTREACH: Hires Robert Fox as Counsel ----------------------------------------------- His Grace Outreach International seeks authority from the U.S. Bankruptcy Court for the Eastern District of New York to employ the Law Office of Robert M. Fox as counsel to the Debtor. His Grace Outreach requires Fox to: a. give advice to the Debtor with respect to its powers and duties as Debtor-in-Possession; b. prepare, on behalf of the Debtor, necessary applications, answers, orders, and other legal papers; c. appear before the Bankruptcy Judge and to protect the interests of the Debtor before the Bankruptcy Judge and to represent the Debtor in all matters pending before the Bankruptcy Judge; d. meet with and negotiate with creditors, the Creditors Committee, if one is appointed, and other parties for a plan of reorganization, prepare the Plan and Disclosure Statement and attendant documents; and e. perform all other legal services for the Debtor which may be necessary herein, or are required by the Bankruptcy Code. Fox will be paid at these hourly rates: Robert M. Fox, Partner $375 Susan Adler, Associate $275 Carol Brennan, Paralegal $75 Fox will also be reimbursed for reasonable out-of-pocket expenses incurred. Robert M. Fox, member of the Law Office of Robert M. Fox, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Fox can be reached at: Robert M. Fox, Esq. LAW OFFICE OF ROBERT M. FOX 630 Third Avenue New York, NY 10018 Tel: (212) 867-9595 About His Grace Outreach International His Grace Outreach International, based in Brooklyn, NY, filed a Chapter 11 petition (Bankr. E.D.N.Y. Case No. 17-40203) on January 18, 2017. The Hon. Elizabeth S. Stong presides over the case. Robert M. Fox, Esq., at the Law Office of Robert M. Fox, to serve as bankruptcy counsel. In its petition, the Debtor estimated $500 million to $1 billion in both assets and liabilities. The petition was signed by George Mungai, president. HOMER CITY GENERATION: Hires Epiq as Administrative Advisor ----------------------------------------------------------- Homer City Generation, LP seeks authorization from the U.S. Bankruptcy Court for the District of Delaware to employ Epiq Bankruptcy Solutions, LLC as administrative advisor, nunc pro tunc to January 11, 2017. The Debtor requires the Epiq to: a. assist with, among other things, solicitation, balloting, tabulation, and calculation of votes, as well as preparing any appropriate reports, as required in furtherance of confirmation of plan(s) of reorganization; b. generate an official ballot certification and testify, if necessary, in support of the ballot tabulation results; c. generate, provide, and assist with claims objections, exhibits, claims reconciliation, and related matters; d. provide assistance with preparation of the Debtor's schedules of assets and liabilities and statements of financial affairs; e. provide a confidential data room; f. generate, assist with and provide strategic communications advice, strategy and expertise, as needed; g. manage any distributions pursuant to a confirmed plan of reorganization; and h. provide such other claims processing, noticing, solicitation, balloting, and administrative services described in the Services Agreement, but not included in the 28 USC Section 156(c), as may be requested from time to time by the Debtor. Epiq will be paid at these rates: Claim and noticing rates Clerical/Administrative Support $25-$45 Case Managers $60-$165 IT / Programming $65-$85 Consultant/Directors $150-$190 Solicitation Consultant $185 Executive Vice President -Solicitation $195 Executives No Charge Claims and Noticing Rates Printing $0.09 per image Personalization / Labels Waived Envelopes Varies by Size Postage / Overnight Delivery At cost E-Mail Noticing No Charge Fax Noticing $0.05 per page Claim Acknowledgement Letter $0.01 per letter Publication Noticing Quoted at time of request Data Management Rates Data Storage Maintenance and Security $0.09 per record/month Electronic Imaging $0.10 per image Weblink Hosting Fee No charge CD- ROM (Mass Document Storage) Quoted at time of request On-Line Claim Filing Services On-Line Claim Filing No charge Call Center Rates Standard Call Center Setup No charge Call Center Operator $55 per hour Voice Recorded Message $0.34 per minute Other Services Rates Custom Software, Workflow and Review Resources Quoted at time of request eDiscovery Quoted at time of request, bundling pricing available VDR: Confidential On-Line Workspace Quoted at time of request Disbursement -- Check and/or Form 1099 Quoted at time of request Disbursement -- Record to Transfer Agent Quoted at time of request Prior to the Commencement Date, the Debtor provided Epiq a retainer in the amount of $25,000. Brian Karpuk, director at Epiq Bankruptcy Solutions, LLC, assures the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. Epiq may be reached at: Brian Karpuk Epiq Bankruptcy Solutions, LLC 824 N. Market Street, Suite 412 Wilmington, DE 19801 Tel: +1 302 574 2600 About Homer City Homer City Generation, L.P., is the owner of a coal-fired, independent power production plant located in Homer City, Pennsylvania, about 45 miles east of Pittsburgh. Non-debtor EFS Homer City, LLC owns 95.04% of the partnership interests of Homer City. Metropolitan Life Insurance Company, which is also not a Debtor in these cases, owns 4.96% of the partnership interests of Homer City. Homer City filed a voluntary case under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case No. 17-10086) on Jan. 11, 2017. The case has been assigned to Judge Mary F. Walrath. At the time of filing, the Debtor estimated assets at $1 billion to $10 billion and liabilities at $500 million to $1 billion. The Debtor is represented by Joseph Charles Barsalona II, Esq., Mark D. Collins, Esq., Andrew Dean, Esq. and Russell C. Silberglied, Esq. at Richards; PJT Partners serves as its financial advisor and Zolfo Cooper as its restructuring advisor. Epiq Bankruptcy Solutions, LLC serves as the Debtor's claims and administrative advisor. O'Melveny and Myers LLP and Young Conaway Stargatt & Taylor, LLP serve as legal advisors to the ad hoc group of noteholders and Houlihan Lokey serve as the financial advisor to the ad hoc group of noteholders. HOMER CITY GENERATION: Hires PJT Partners as Investment Banker -------------------------------------------------------------- Homer City Generation, LP seeks authorization from the U.S. Bankruptcy Court for the District of Delaware to employ PJT Partners LP as investment banker, nunc pro tunc to the Petition Date. The Debtor requires PJT to: a. assist the Debtor in analyzing, structuring, negotiating and effecting the Restructuring; b. assist in the evaluation of the Debtor's businesses and prospects; c. assist in the development of financial data and presentations to the Debtor's Board of Managers, various creditors and other third parties; d. analyze the Debtor's financial liquidity and evaluate alternatives to improve such liquidity; e. analyze various restructuring scenarios and the potential impact of these scenarios on the recoveries of those stakeholders impacted by the Restructuring; f. provide strategic advice with regard to restructuring or refinancing the Debtor's Obligations; g. evaluate the Debtor's debt capacity and alternative capital structures; h. participate in negotiations among the Debtor and its creditors, suppliers, lessors and other interested parties; i. value securities offered by the Debtor in connection with a Restructuring; j. advise the Debtor and negotiate with lenders with respect to potential waivers or amendments of various credit facilities; k. assist in arranging financing for the Debtor, as requested; l. prepare and deliver to the Debtor an analysis of the reorganization valuation of the Debtor and recoveries of stakeholders; m. provide expert witness testimony concerning any of the subjects encompassed by the other investment banking services; and n. assist and advise the Debtor concerning the terms, conditions and impact of any proposed Restructuring. The Debtor have agreed to pay PJT the proposed compensation and expense reimbursements in the Engagement Letter: a. A monthly retainer fee of $150,000 per month, payable promptly on the twenty-fifth day of each month beginning on the effective date of May 25, 2016 and ending on the expiration or termination of the Engagement Agreement. Any such monthly retainer paid after the first 9 months of retainer payments shall be credited (only once) against the fees payable under clauses (b) and (c) below; b. A single transaction fee of $2,000,000, payable promptly upon the earlier of: (i) the date a Transaction is completed, if such Transaction occurs prior to April 6, 2017, (ii) April 6, 2017, if a Transaction has not occurred before such time, (iii) the date the Debtor determines to no longer pursue a Transaction or (iv) termination of the Engagement Agreement; c. An additional transaction fee of $2,500,000 upon the successful completion of a Transaction, payable promptly at the closing of such Transaction; d. A financing fee of $500,000 for any financing raised from any party (other than from any of the Ad Hoc Noteholders) arranged by PJT, at the Debtor's request, earned and payable upon receipt by the Debtor of a binding commitment letter. e. In no event shall (i) the aggregate amount of fees described in clauses (a) through (c) above exceed $4,500,000 and (ii) the aggregate amount of fees described in clauses (a) through (d) above exceed $5,000,000. f. Expense Reimbursements: In addition to any fees that may be payable to PJT under the Engagement Agreement and regardless of whether any Transaction is proposed or consummated, the Debtor will promptly reimburse PJT, from time to time upon request, for all reasonable, out-of-pocket expenses incurred in performing its services under the Engagement Agreement, including disbursements, charges and reasonable fees of legal counsel, including such expenses incurred prior to the date of the Engagement Agreement. James Cuminale, general counsel of PJT Partners LP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. PJT may be reached at: James Cuminale PJT Partners LP 280 Park Avenue New York, NY 10017 Tel: 212.364.7170 E-mail: cuminale@pjtpartners.com About Homer City Homer City Generation, L.P., is the owner of a coal-fired, independent power production plant located in Homer City, Pennsylvania, about 45 miles east of Pittsburgh. Homer City filed a voluntary case under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case No. 17-10086) on Jan. 11, 2017. The case has been assigned to Judge Mary F. Walrath. At the time of filing, the Debtor estimated assets at $1 billion to $10 billion and liabilities at $500 million to $1 billion. Non-debtor EFS Homer City, LLC owns 95.04% of the partnership interests of Homer City. Metropolitan Life Insurance Company, which is also not a Debtor in these cases, owns 4.96% of the partnership interests of Homer City. The Debtor is represented by Joseph Charles Barsalona II, Esq., Mark D. Collins, Esq., Andrew Dean, Esq. and Russell C. Silberglied, Esq. at Richards; PJT Partners serves as its financial advisor and Zolfo Cooper as its restructuring advisor. Epiq Bankruptcy Solutions, LLC serves as the Debtor's claims and administrative advisor. O'Melveny and Myers LLP and Young Conaway Stargatt & Taylor, LLP serve as legal advisors to the ad hoc group of noteholders and Houlihan Lokey serve as the financial advisor to the ad hoc group of noteholders. HOMER CITY GENERATION: Hires Richards Layton & Finger as Counsel ---------------------------------------------------------------- Homer City Generation, LP seeks authorization from the U.S. Bankruptcy Court for the District of Delaware to employ Richards Layton & Finger, PA as counsel. The Debtor requires the RL&F to: a. advise the Debtor of its rights, powers and duties as debtor and debtor in possession under chapter 11 of the Bankruptcy Code. b. take action to protect and preserve the Debtor's estate, including the prosecution of actions on the Debtor's behalf, the defense of actions commenced against the Debtor in this chapter 11 case, the negotiation of disputes in which the Debtor is involved and the preparation of objections to claims filed against the Debtor. c. assist in preparing on behalf of the Debtor all motions, applications, answers, orders, reports and papers in connection with the administration of the Debtor's estate; d. prosecute on behalf of the Debtor a chapter 11 plan and seeking approval of all transactions contemplated therein and in any amendments thereto; e. perform other necessary or desirable legal services in connect with this chapter 11 case; and f. perform all services assigned by the Debtor. To the extent RL&F determines that such services fall outside of the scope of service historically or generally performed by RL&F as counsel in a bankruptcy case, RL&F will file a supplemental declaration. RL&F lawyers who will work on the Debtor's case and their hourly rates are: Mark D. Collins $900 Russell C. Silberglied $800 Paul N, Heath $725 Joseph C. Barsalona II $410 RL&F current hourly rates for matters related to Chapter 11 case: Partners $660-$900 Counsel $560-$575 Associates $320-$510 Paraprofessionals $250 Prior to the Commencement Date, the Debtor paid RL&F a total retainer of $1,200,000. RL&F will also be reimbursed for reasonable out-of-pocket expenses incurred. Mark D. Collins, Esq., director of the firm of Richards Layton & Finger, PA, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Consistent with the United State Trustees' Appendix B - Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. Sec. 330 by Attorneys in Larger Chapter 11 Cases, which became effective on November 1, 2013, Mr. Collins attested that: a. RL&F did not agree to any variations from, or alternative to, its standard or customary billing arrangements for this engagement; b. None of RL&F's professionals included in this engagement have varied their rate based on the geographic location for this chapter 11 case; c. RL&F has represented the Debtor with respect to this engagement since August 2016. The billing rates and material financial terms of RL&F's engagement have not changed post-petition for the pre-petition arrangement; and d. RL&F, in conjunction with the Debtor, is developing a prospective budget and staffing plan for this chapter 11 case. RL&F may be reached at: Mark D. Collins, Esq. Richards Layton & Finger, PA One Rodney Square, 920 North King Street Wilmington, DE 19801 Tel: 302.651.7531 Fax: 302.498.7701 E-mail: collins@rlf.com About Homer City Homer City Generation, L.P., is the owner of a coal-fired, independent power production plant located in Homer City, Pennsylvania, about 45 miles east of Pittsburgh. Homer City filed a voluntary case under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case No. 17-10086) on Jan. 11, 2017. The case has been assigned to Judge Mary F. Walrath. At the time of filing, the Debtor estimated assets at $1 billion to $10 billion and liabilities at $500 million to $1 billion. Non-debtor EFS Homer City, LLC owns 95.04% of the partnership interests of Homer City. Metropolitan Life Insurance Company, which is also not a Debtor in these cases, owns 4.96% of the partnership interests of Homer City. The Debtor is represented by Joseph Charles Barsalona II, Esq., Mark D. Collins, Esq., Andrew Dean, Esq. and Russell C. Silberglied, Esq. at Richards; PJT Partners serves as its financial advisor and Zolfo Cooper as its restructuring advisor. Epiq Bankruptcy Solutions, LLC serves as the Debtor's claims and administrative advisor. O'Melveny and Myers LLP and Young Conaway Stargatt & Taylor, LLP serve as legal advisors to an ad hoc group of noteholders and Houlihan Lokey serve as the financial advisor to the ad hoc group of noteholders. HOMER CITY GENERATION: Hires Zolfo Cooper's Boken as CRO -------------------------------------------------------- Homer City Generation, LP seeks permission from the U.S. Bankruptcy Court for the District of Delaware to employ John R. Boken of Zolfo Cooper Management LLC as their Chief Restructuring Officer, nunc pro tunc to January 11, 2017. The Debtor requires Mr. Boken with the assistance of Zolfo Cooper to: a. advise and assist the Company with the performance of, or arrange for the performance of, the management and administrative services necessary for the daily operations of the Company (including operation and maintenance services, energy management services, power marketing services, fuel procurement and transportation services, and asset management services), and take all actions (including paying any expenses of the Company in the ordinary course of business related thereto) and execute all transactions necessary to effectuate the foregoing; b. advise and assist the Company and its other advisors in developing strategic alternatives for maximizing the enterprise value of the Company; c. advise and assist the Company in the preparation of any necessary chapter 11 reporting and disclosures, including Monthly Operating Reports, budget reporting and testing, Schedules of Assets and Liabilities, the Statement of Financial Affairs, and any other reporting that may be required or appropriate, and execute and file the same with the Bankruptcy Court on behalf of the Company, as applicable; d. advise and assist the Company in connection with the management of any claims or litigation asserted against the Company, including in any chapter 11 case; e. advise and assist the Company in evaluating and challenging the Company's short-term cash flow projections, including underlying assumptions; f. advise and assist the Company in determining the appropriate amount of debtor-in- possession financing needed, if any, and in the preparation of any related budgets and reporting; g. advise and assist the Company in developing a financial forecast and business plan of the Company, including underlying assumptions, to be used as a basis for negotiating and implementing the Company's restructuring; h. advise and assist the Company in negotiating and implementing the Company's selected restructuring with various creditors, as necessary; i. attend meetings on behalf of the Company and assist in discussions with potential investors, banks, and other secured lenders, any committees appointed in the Company's chapter 11 case, the Office of the United States Trustee, other parties in interest, and professionals hired by the same; j. assist in the evaluation and analysis of avoidance actions, including fraudulent conveyances and preferential transfers; k. assist the Company and its counsel in preparing Court materials and pleadings, including a chapter 11 disclosure statement (including the liquidation analysis), and in the case of pleadings that are administrative in nature or will not have an adverse effect on the reorganization of the Company, execute, approve, and file the same with the Bankruptcy Court on behalf of the Company; l. provide testimony on behalf of the Company with respect to financial and restructuring matters, including the Company's chapter 11 cases; and m. other services as requested or directed by the Board or other Company personnel as authorized by the Board, and agreed to by ZC, that is not duplicative of work performed by other retained professionals of the Company. Subject to further order of the Court, Mr. Boken will provide interim management services to the Debtor and serve as the Debtor's CRO. Zolfo Cooper will assign Associate Directors to perform other services as needed. Zolfo Cooper's, Mr. Boken's, and the Associate Directors' compensation shall consist of: (a) Standard Hourly Rates -- The billing rates for professionals who may be assigned to this engagement in effect as of January 1, 2017, are as follows: John Boken (CRO) $1,035 Managing Directors $850-$1,035 Professional Staff $305-$850 Support Personnel $60-$290 (b) Expenses -- Reimbursement of Mr. Boken, Associate Directors, and Zolfo Cooper's reasonable documented out-of-pocket expenses including, but not limited to, costs of travel, including meals and lodging, reproduction, and other reasonable direct expenses. (c) Retainer and Advance Payments -- The Debtor provided a pre-petition retainer of $150,000, and advance payments totaling $2,025,000.00 under the Prior Pre-petition Engagement. The advances will be reduced by any current outstanding pre-petition fees and expenses under the Prior Pre- petition Engagement and ZC will apply its retainer and any remaining pre- petition advance payments to allowed fees and expenses prior to seeking payment from the Debtor's cash flows. John R. Boken, senior managing director of Zolfo Cooper Management LLC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Zolfo Cooper may be reached at: John R. Boken Zolfo Cooper Management LLC 865 South Figueroa Street, Suite 2310 Los Angeles, CA 90017 Phone: +1 (213) 234-3802 Fax: +1 (213) 623-1644 E-mail: jboken@zolfocooper.com About Homer City Homer City Generation, L.P., is the owner of a coal-fired, independent power production plant located in Homer City, Pennsylvania, about 45 miles east of Pittsburgh. Homer City filed a voluntary case under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case No. 17-10086) on Jan. 11, 2017. The case has been assigned to Judge Mary F. Walrath. At the time of filing, the Debtor estimated assets at $1 billion to $10 billion and liabilities at $500 million to $1 billion. Non-debtor EFS Homer City, LLC owns 95.04% of the partnership interests of Homer City. Metropolitan Life Insurance Company, which is also not a Debtor in these cases, owns 4.96% of the partnership interests of Homer City. The Debtor is represented by Joseph Charles Barsalona II, Esq., Mark D. Collins, Esq., Andrew Dean, Esq. and Russell C. Silberglied, Esq. at Richards; PJT Partners serves as its financial advisor and Zolfo Cooper as its restructuring advisor. Epiq Bankruptcy Solutions, LLC serves as the Debtor's claims and administrative advisor. O'Melveny and Myers LLP and Young Conaway Stargatt & Taylor, LLP serve as legal advisors to the ad hoc group of noteholders and Houlihan Lokey serve as the financial advisor to the ad hoc group of noteholders. IMPLANT SCIENCES: Investors Has Conditional OK To Sue Lenders ------------------------------------------------------------- Jeff Montgomery, writing for Bankruptcy Law360, reports that U.S. Bankruptcy Judge Brendan L. Shannon has granted investors in Implant Sciences Corp. conditional authorization to file in New York Supreme Court a lawsuit against the Debtor's pre-Chapter 11 lenders, under a trimmed set of claims that the bankruptcy judge said should first go to mediation. Mr. Montgomery reported that William R. Baldiga, Esq., at Brown Rudnick LLP -- the attorney for the IMX Acquisition Corp. equity committee -- had urged Judge Shannon to allow their lawsuit against key pre-bankruptcy lenders to head for a New York state courtroom. Law360 relates that Mr. Baldiga denied allegations that the lawsuit is an attempt to sabotage the Debtor's Chapter 11 case. About IMX Acquisition IMX Acquisition Corp., also known as Ion Metrics Inc., and its affiliates, comprise a leading designer and manufacturer of systems and sensors that detect trace amounts of explosives and drugs. Their products, which include handheld and desktop detection devices, are used in a variety of security, safety, and defense industries, including aviation, transportation, and customs and border protection. The Debtors have sold more than 5,000 of their detection products to customers such as the United States Transportation Security Administration, the Canadian Air Transportation Security Authority, and major airports in the European Union. IMX Acquisition Corp. sought Chapter 11 protection (Bankr. D. Del. Case No. 16-12238) on Oct. 10, 2016. Its affiliates, Implant Sciences, C Acquisition Corp. and Accurel Systems International Corp. also sought Chapter 11 protection. The cases are assigned to Judge Brendan Linehan Shannon. IMX estimated assets and liabilities in the range of $100 million to $500 million. The Debtors tapped Paul V. Shalhoub, Esq. and Debra C. McElligott, Esq. and Jennifer J. Hardy, Esq. at Willkie Farr & Gallagher, LLP as counsel. The petitions were signed by William J. McGann, president. Andrew Vara, acting U.S. trustee for Region 3, on Oct. 24, 2016, appointed Harold Coe and four others to serve on the official committee of equity security holders. Co-counsel to the Official Committee of Equity Security Holders are William R. Baldiga, Esq., and Gerard T. Cicero, Esq., at Brown Rudnick LLP, in New York, and Sunni P. Beville, Esq., at Brown Rudnick LLP, in Boston, Massachusetts; and Mark Minuti, Esq., at Saul Ewing LLP, in Wilmington, Delaware. The Equity Committee tapped FTI Consulting, Inc. as financial advisor. Tannor Partners Credit Fund, LP., the New DIP Lender, is represented in the case by Andrew M. Felner, Esq., at Sheppard, Mullin, Richter & Hampton, LP. INSIGHTRA MEDICAL: Wants $750,000 DIP Loan From GPB Life Science ---------------------------------------------------------------- Insightra Medical, Inc., and Modulare, Inc. ask the U.S. Bankruptcy Court for the District of Delaware for authorization to obtain postpetition financing from GPB Life Science Holdings, LLC. The Debtor seeks to draw on the DIP Facility, as needed on an interim basis up to $125,000 and as needed on a final basis up to $750,000. The DIP Facility has a PIK Interim Rate of 13% per annum, paid in kind at Maturity, and a Default Interest Rate consisting of an additional 4% per annum, also paid in kind. The Debtor intends to use the proceeds of the DIP Facility to pay for the Debtors' working capital needs and other administrative expenses necessary for the administration of the chapter 11 cases. The DIP Facility matures on the earlier of: (1) three months of the date of the Interim Order; (2) the effective date of a chapter 11 plan; (3) the consummation of any sale of substantially all of the Debtors' assets; and (4) the termination date pursuant to an event of default. The Debtors propose to grant the DIP Lender automatically perfected first-priority security interests in and liens on all of the collateral to secure the DIP Facility and all obligations arising under it. The Debtors further propose to grant adequate protection in the form of replacement liens and superpriority claims. Debtor Insightra and GPB Life Science Holdings are parties to a Promissory Note in the principal sum of $5,000,000. The Debtors, GPB Life Science Holdings, and Minos Medical, Inc. are party to a Security Agreement to secure the prompt payment, performance and discharge in full of all of Insightra's obligations under the Promissory Note. GPB Life Science Holdings and Insightra Medical India Private Limited, also known as Insightra India, are party to a Guaranty Agreement, whereby Insightra India guaranteed all of Insightra's obligations arising under the Promissory Note, among others. The DIP Term Sheet provides for the following Milestones: (1) On or before January 31, 2017, an order approving the DIP Facility on an interim basis will have been entered by the Bankruptcy Court; (2) On or before February 21, 2017, entry of an order approving the DIP Facility on a final basis; (3) On or before February 21, 2017, the Court shall have conditionally approved the Debtors' disclosure statement for its Prepackaged Plan; (4) On or before April 24, 2017, an order confirming the Plan will have been entered; and (5) On or before April 26, 2017, the effective date of the Plan will have occurred. The Debtors and certain non-debtor affiliates are party to two forbearance agreements, where GPB Life Science Holdings lent an additional $225,000 to the Debtors for operating expenses and professional fees. GPB Life Science Holdings was granted a first priority lien in all tangible and intangible assets of the Debtors. In addition to its obligations under the Promissory Note, Insightra is a party to an unsecured bridge loan, with various equity holders pursuant to which Insightra issued those holders unsecured promissory notes in the aggregate principal amount of $1.5 million. The Debtors also have unsecured trade debt in the approximate amount of $2.8 million. As of the Petition Date, Insightra had outstanding: (i) 5,683,443 shares of Series A Preferred Stock; (ii) 10,000,000 shares of Series B Preferred Stock; (iii) 44,885,424 shares of Series C Preferred Stock; (iv) 33,352,593 shares of Series C-2 Preferred Stock; (v) 18,264,271 shares of common stock; and (vi) various warrants to purchase common stock and certain preferred stock. The Debtors tell the Court that without the proposed financing set forth in the DIP Term Sheet, the Debtors would not have sufficient funds to preserve the Debtors’ assets and would be forced to relinquish their interests therein. The Debtors further tell the Court that their ability to continue their operations depends on obtaining immediate access to the DIP Facility. The Debtors added that the access to sufficient working capital to fund the Debtors’ assets during these chapter 11 cases is vital for preserving and maintaining the value of the Debtors’ assets and maximizing value for all. A full-text copy of the Debtors' Motion, dated January 27, 2017, is available at http://bankrupt.com/misc/InsightraMedical2017_1710179kg_6.pdf A full-text copy of the DIP Term Sheet, dated Jan. 27, 2017, is available at http://bankrupt.com/misc/InsightraMedical2017_1710179kg_6_2.pdf Insightra Medical, Inc. and Modulare, Inc. are represented by: Justin R. Alberto, Esq. GianClaudio Finizio, Esq. BAYARD, P.A. 222 Delaware Avenue, Suite 900 Wilmington, DE 19801 Telephone: (302) 655-5000 Facsimile: (302) 658-6395 E-mail: jalberto@bayardlaw.com gfinizio@bayardlaw.com About Insightra Medical, Inc. Insightra Medical, Inc. and Modulare, Inc. filed chapter 11 petitions (Bankr. D. Del. Case No. 17-10179) on January 27, 2017. The Debtors are represented by Justin R. Alberto, Esq. and GianClaudia Finizio, Esq., at Bayard, P.A. IOWA HEALTHCARE: Can Use Cash Collateral Through Feb. 6 ------------------------------------------------------- Judge Anita L. Shodeen of the U.S. Bankruptcy Court for the Southern District of Iowa extended Central Iowa Healthcare's use of cash collateral through Feb. 6, 2017. Judge Shodeen directed the Debtor and the secured parties to submit a stipulated order for the final use of cash collateral, no later than Feb. 3, 2017. A full-text copy of the Order, dated Jan. 27, 2017, is available at http://bankrupt.com/misc/CentralIowaHealthcare2016_1602438als11_211.pdf About Central Iowa Healthcare Central Iowa Healthcare, formerly doing business as Marshalltown Medical Surgical Center, is a not-for-profit corporation formed under the laws of the State of Iowa, and is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code. It is governed by a 14-member Board of Trustees of which two members serve on an ex-officio basis. CIH operates a community hospital in Marshalltown, Iowa, which is located between Des Moines and Cedar Rapids. Its 49-bed, acute care facility is the only full-service medical center in the area. CIH is the sixth largest employer in Marshalltown. According to U.S. Census 2015 data, Marshalltown's population is estimated at 27,620 and a median income of $50,396. Declining revenues over the past several years have placed a considerable financial strain on CIH and led to uncertainty about the hospital's ability to continue as a going concern. CIH sought Chapter 11 protection (Bankr. S.D. Iowa Case No. 16-02438) on Dec. 20, 2016. The petition was signed by Dawnett Willis, acting CEO. The Debtor disclosed $81.91 million total assets and $20.02 million total liabilities. The case is assigned to Judge Anita L. Shodeen. The Debtor hired Bradshaw,Fowler, Proctor & Fairgrave, P.C. as its legal counsel, and Alvarez & Marsal Healthcare Industry Group, LLC as its financial advisor. The Debtor engaged Andy Wang, Esq., at Wang Kobayashi Austin, LLC as special counsel. The U.S. Trustee for the Southern appointed Susan N. Goodman as the patient care ombudsman for CIH. On Dec. 28, 2016, the U.S. Trustee appointed an official committee of unsecured creditors. The Official Committee is represented by Francis J. Lawall, Esq., at Pepper Hamilton LLP. JOHN Q. HAMMONS: Court Extends Cash Collateral Use to Dec. 31 ------------------------------------------------------------- Judge Rober D. Berger of the U.S. Bankruptcy Court for the District of Kansas authorized John Q. Hammons Fall 2006, LLC, et al., to use cash collateral through Dec. 31, 2017, under the same terms as its previous Cash Collateral Order. The Debtors were previously authorized to use cash collateral through Jan. 31, 2017. Judge Berger acknowledged that the Debtors' operations are such that they have sufficient cash flow to continue to pay their Lenders the regularly scheduled monthly payment due to the Lenders under the terms of the loan documents in existence on the Commencement Date with such payments based on the non-default rate of interest provided for in such loan documents. The Debtors are directed to continue making adequate protection payments to their Lenders. The Debtors are further directed to continue paying all franchise fees and reimbursable expenses due to Marriott International Inc., Holiday Hospitality Franchising LLC, HLT Existing Franchise LLC, and The Sheraton, LLC arising under any franchise agreements and/or related documents associated therewith. The Debtors are ordered to continue carrying all necessary and required insurance in the types and amounts as they did pre-petition to insure their properties, and to continue paying applicable real, personal, hospitality, franchise, business, and related taxes as they come due. Each Lender is granted a valid and duly perfected continuing security interest in and lien on and against its Collateral and any proceeds therefrom. A full-text copy of the Order, dated January 27, 2017, is available at http://bankrupt.com/misc/JohnQHammons2016_1621142_832.pdf About John Q. Hammons Fall 2006, LLC. Springfield, Mo.-based John Q. Hammons Hotels & Resorts (JQH) -- http://www.jqhhotels.com/-- is a private, independent owner and manager of hotels in the United States, representing brands such as: Marriott, Hilton, Embassy Suites by Hilton, Sheraton, IHG, Chateau on the Lake Resort / Spa & Convention Center, and Plaza Hotels Collection. It has portfolio of 35 hotels representing approximately 8,500 guest rooms/suites in 16 states. John Q. Hammons Fall 2006, LLC, and its affiliated debtors filed chapter 11 petitions (Bankr. D. Kan. Case Nos. 16-21139 to 16-21208) on June 26, 2016. The petitions were signed by Greggory D. Groves, vice president. At the time of filing, the Debtors estimated assets at $100 million to $500 million and liabilities at $100 million to $500 million. The Debtors are represented by Mark A. Shaiken, Esq., Mark S. Carder, Esq., and Nicholas Zluticky, Esq., at Stinson Leonard Street LLP. The Debtors' conflicts counsel is Victor F. Weber, Esq., at Merrick Baker and Strauss PC. The Debtors engaged BMC Group, Inc. as their notice, claims, and balloting agent; and Alvarez & Marsal Valuation Services, LLC as appraiser. JOHN Q. HAMMONS: Says Rift with JD Holdings to Delay Plan Filing ---------------------------------------------------------------- John Q. Hammons Fall 2006, LLC and its affiliated Debtors request the U.S. Bankruptcy Court for the District of Kansas to extend the period during which the Debtors hold the exclusive right to file a plan to December 26, 2017, and the period during which they hold the exclusive right to solicit acceptance of such a plan to February 26, 2018. The Debtors have previously asked the Court for, and obtained, a six-month extension of their exclusive periods to April 24, 2017 and June 23, 2017, respectively. The Debtors relate that since the entry of the First Exclusivity Order, they have continued to pay their mortgagee secured debt according to the pre-petition amortization schedules thereof, obtained numerous Court orders addressed to continuing their day to day business affairs including those related to their use of cash, employee programs, insurance, and critical vendors. The Debtors further relate that they have obtained a Court order to reject a Sponsor Entity Right of First Refusal Agreement with JD Holdings, L.L.C JD Holdings, however, has taken an appeal from the Court Order before the Bankruptcy Appellate Panel for the Tenth Circuit Court of Appeals. The Debtors assert that the resolution of the rejection issues are an important precursor to any plan that they might file. The Debtors tell the Court that they have also responded to and commenced discovery with respect to the motion filed by JD Holdings seeking to dismiss these cases or obtain relief from the automatic stay, and the Debtors have also filed five motions for partial summary judgment as to each of the contested matters set forth in the Dismissal Motion. These summary judgment motions are pending before the Court, and resolution of these issues as well are an important precursor to any plan. In addition, UBS is proceeding forward with its work to market assets owned by the Debtors. The Debtors also tell the Court that they are still in the process of reviewing and reconciling the claims and making significant progress toward a resolution of disputed claims. The Debtors add that there are more than 600 claims filed in the Debtors' cases and more than 5,000 claims have been identified in the Debtors' schedules, some of which are significant in amount, will aid in the formulation of a plan. About John Q. Hammons Fall 2006 Springfield, Mo.-based John Q. Hammons Hotels & Resorts (JQH) -- http://www.jqhhotels.com/-- is a private, independent owner and manager of hotels in the United States, representing brands such as: Marriott, Hilton, Embassy Suites by Hilton, Sheraton, IHG, Chateau on the Lake Resort / Spa & Convention Center, and Plaza Hotels Collection. It has portfolio of 35 hotels representing approximately 8,500 guest rooms/suites in 16 states. John Q. Hammons Fall 2006, LLC, and its affiliated debtors filed chapter 11 petitions (Bankr. D. Kan. Case Nos. 16-21139 to 16-21208) on June 26, 2016. The petitions were signed by Greggory D. Groves, vice president. At the time of filing, the Debtors estimated assets at $100 million to $500 million and liabilities at $100 million to $500 million. The Debtors are represented by Mark A. Shaiken, Esq., Mark S. Carder, Esq., and Nicholas Zluticky, Esq., at Stinson Leonard Street LLP. The Debtors' conflict counsel is Victor F. Weber, Esq., at Merrick Baker and Strauss PC. The Debtors engaged BMC Group, Inc. as their notice, claims, and balloting agent; and Alvarez & Marsal Valuation Services, LLC as appraiser. JOHNSON LAWN: Seeks to Hire Nick Clark as Real Estate Broker ------------------------------------------------------------ Johnson Lawn & Outdoor Equipment Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of Mississippi to hire a real estate broker. The Debtor proposes to hire Nick Clark Real Estate Broker in connection with the sale of its real property located at 588 Highway 51 North, Ridgeland, Mississippi. The firm will receive a commission of 5% of the gross sale price. Nick Clark does not represent any interest adverse to the Debtor or its bankruptcy estate, according to court filings. The firm can be reached through: Nick Clark Nick Clark Real Estate Broker 101 Saddle Creek Cove Canton, MS 39046 Office: (601) 856-6557 Mobile: (601) 317-2536 About Johnson Lawn & Outdoor Equipment Johnson Lawn & Outdoor Equipment Inc. filed for Chapter 11 bankruptcy protection (Bankr. S.D. Miss. Case No. 15-03189) on Oct. 14, 2015. The petition was signed by Lee A. Johnson, Jr., director/president. Craig M. Geno, Esq., at the Law Offices of Craig M. Geno, PLLC, serves as the Debtor's bankruptcy counsel. The Debtor estimated assets and liabilities at $500,001 to $1 million. K&H RESTAURANT: Hires Gabriel Del Virginia as Attorney ------------------------------------------------------ K&H Restaurant, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of New York to employ the Law Office of Gabriel Del Virginia as attorney to the Debtor. K&H Restaurant requires Gabriel Del Virginia to: a. provide the Debtor legal advice regarding its authorities and duties as a debtor-in-possession in the continued operation of its business and the management of its property and affairs; b. prepare all necessary pleadings, orders, and related legal documents and assist the Debtor and its accounting professionals in preparing monthly reports to the Office of the United States Trustee; and c. perform any additional legal services to the Debtor which may be necessary and appropriate in the conduct of the case. Gabriel Del Virginia will be paid at these hourly rates: Partner $650 Associate $350 Paralegal $150 Gabriel Del Virginia will be paid a retainer in the amount of $5,500, including the $1,717 filing fee. Gabriel Del Virginia will also be reimbursed for reasonable out-of-pocket expenses incurred. Gabriel Del Virginia, member of the Law Office of Gabriel Del Virginia, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Gabriel Del Virginia can be reached at: Gabriel Del Virginia, Esq. LAW OFFICE OF GABRIEL DEL VIRGINIA 30 Wall Street, 12th Floor New York, NY 10005 Tel: (212) 371-5478 Fax: (212) 371-0460 E-mail: Gabriel.delvirginia@verizon.net About K&H Restaurant, Inc. K&H Restaurant, Inc., filed a Chapter 11 bankruptcy petition (Bankr. S.D.N.Y. Case No. 16-13151) on November 13, 2016, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Gabriel Del Virginia, Esq., at Law Office of Gabriel Del Virginia. KANE CLINICS: Accountant Files Disclosure of Disinterestedness -------------------------------------------------------------- Michael Marks, the accountant tapped by The Kane Clinics LLC to serve as its accountant, disclosed in a filing with the U.S. Bankruptcy Court for the Northern District of Georgia that he has no connection with the Debtor, creditors or any employee of the court and the Office of the U.S. Trustee. Prior to the Debtor's bankruptcy filing, Mr. Marks provided tax and accounting services to the Debtor, to its officers Maria and Enrique Francis, and to affiliated entities CIMA OBGYN CV, LLC and CIMA Pediatrics CV, LLC, according to the supplemental affidavit. Mr. Marks also declared in the court filing that he does not have any interest materially adverse to the Debtor's bankruptcy estate and that he is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. Mr. Marks filed the supplemental affidavit to address an objection filed on Jan. 20 by SunTrust Bank. In December 2016, the court issued an order allowing the Debtor to hire the accountant, subject to objection. About The Kane Clinics The Kane Clinics, LLC filed a Chapter 11 petition (Bankr. N.D. Ga. Case No. 16-72304) on Dec. 14, 2016. The petition was signed by Maria Francis, CEO & member. The Debtor is represented by Leslie M. Pineryo, Esq., at Jones & Walden, LLC. At the time of the filing, the Debtor estimated assets of less than $50,000 and liabilities of $1 million to $10 million. The Debtor is a Georgia limited liability company. It operates obstetrics and gynecological clinics with an emphasis on serving uninsured and undeserved patients. LAMPLIGHT CONDOMINIUM: Taps Lloyd Langhammer as Special Counsel --------------------------------------------------------------- Lamplight Condominium Association, Inc. seeks approval from the U.S. Bankruptcy Court for the District of Connecticut to hire Lloyd Langhammer, Esq., as its special counsel. Mr. Langhammer will represent the Debtor in litigation matters related to unpaid common charges. The Debtor has agreed to compensate the attorney according to his normal hourly rate of $200 for litigation-related services and $185 per hour for all other services. Mr. Langhammer disclosed in a court filing that he is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. Mr. Langhammer maintains an office at: Lloyd Langhammer, Esq. 38 Granite Street New London, CT 06320 Phone: (860) 440-3340 About Lamplight Condominium Association Lamplight Condominium Association, Inc., a non-stock corporation based in Connecticut, manages the common elements of Lamplight Condominiums located in East Hartford, Connecticut. The Debtor sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Conn. Case No. 17-20078) on January 22, 2017. No examiner, trustee or committee has been appointed in the case. LEAP FORWARD GAMING: Seeks to Hire Bosma Group as Accountant ------------------------------------------------------------ Leap Forward Gaming Inc. seeks approval from the U.S. Bankruptcy Court for the District of Nevada to hire an accountant. The Debtor proposes to hire Bosma Group, P.C. to prepare its 2016 income tax returns and pay the accounting firm a flat fee of $4,500. Michael Bosma, a certified public accountant employed with Bosma Group, was designated to provide the services. Bosma Group does not represent any interest adverse to the Debtor's bankruptcy estate, and is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Michael D. Bosma The Bosma Group, PC 401 Ryland, Suite 300 Reno, NV, 89502 Phone: (775) 786-4900 Fax: (775) 786-4902 Email: info@thebosmagroup.com About Leap Forward Gaming Leap Forward Gaming, Inc. filed a chapter 11 petition (Bankr. D. Nev. Case No. 16-50850) on July 8, 2016. The petition was signed by Darby Bryan, CFO/Controller. The Debtors are represented by Jeffrey L. Hartman, Esq., at Hartman & Hartman. The case is assigned to Judge Bruce T. Beesley. The Debtor disclosed assets of $2.46 million and debt of $26.0 million at the time of the filing. On August 3, 2016, the Debtor filed a Chapter 11 plan of liquidation and disclosure statement, both of which were approved by Judge Beesley. LEHMAN BROTHERS: JP Morgan to Pay Post-Bankruptcy Estate $797.5M ---------------------------------------------------------------- Patrick Fitzgerald, writing for The Wall Street Journal Pro Bankruptcy, reported that J.P. Morgan Chase & Co. and the remnants of Lehman Brothers resolved their remaining disputes over the investment bank's 2008 collapse with a deal that will result in the failed investment bank's creditors recovering nearly $800 million. According to the report, lawyers for Lehman said in a filing with the U.S. Bankruptcy Court in New York that the global settlement "finally resolves the last of [Lehman's] disputes with J.P. Morgan, its largest secured creditor, and enables creditor distributions of nearly $800 million." In return for the $797.5 million payment, Lehman agreed to drop its objection to J.P. Morgan's $30 billion in so-called Tassimo claims related to losses the bank says it suffered when it was forced to liquidate Lehman's securities following the investment bank's bankruptcy, the report related. To recall, J.P. Morgan served as Lehman's clearing bank. The bank provided cash advances of up to $100 billion a day to Lehman to facilitate overnight repurchase, or repo, agreements, the report further related. That role resulted in J.P. Morgan being one of Lehman's adversaries in numerous disputes surrounding the investment bank's demise as well as one of its largest creditors, the report said. When the dust from Lehman's bankruptcy settled, J.P. Morgan said, some $30 billion it had advanced to Lehman was left unpaid, the report added. About Lehman Brothers Lehman Brothers Holdings Inc. -- http://www.lehman.com/-- was the fourth largest investment bank in the United States. For more than 150 years, Lehman Brothers has been a leader in the global financial markets by serving the financial needs of corporations, governmental units, institutional clients and individuals worldwide. Lehman Brothers filed for Chapter 11 bankruptcy Sept. 15, 2008 (Bankr. S.D.N.Y. Case No. 08-13555). Lehman's bankruptcy petition disclosed US$639 billion in assets and US$613 billion in debts, effectively making the firm's bankruptcy filing the largest in U.S. history. Several other affiliates followed thereafter. Affiliates Merit LLC, LB Somerset LLC and LB Preferred Somerset LLC sought for bankruptcy protection in December 2009. The Debtors' bankruptcy cases were assigned to Judge James M. Peck. Judge Shelley Chapman took over the case after Judge Peck retired from the bench to join Morrison & Foerster. A team of Weil, Gotshal & Manges, LLP, lawyers led by the late Harvey R. Miller, Esq., serve as counsel to Lehman. Epiq Bankruptcy Solutions serves as claims and noticing agent. Dennis F. Dunne, Esq., Evan Fleck, Esq., and Dennis O'Donnell, Esq., at Milbank, Tweed, Hadley & McCloy LLP, in New York, served as counsel to the Official Committee of Unsecured Creditors. Houlihan Lokey Howard & Zukin Capital, Inc., served as the Committee's investment banker. On Sept. 19, 2008, the Honorable Gerard E. Lynch of the U.S. District Court for the Southern District of New York, entered an order commencing liquidation of Lehman Brothers, Inc., pursuant to the provisions of the Securities Investor Protection Act (Case No. 08-CIV-8119 (GEL)). James W. Giddens was appointed as trustee for the SIPA liquidation of the business of LBI. He is represented by Hughes Hubbard & Reed LLP. The Bankruptcy Court approved Barclays Bank Plc's purchase of Lehman Brothers' North American investment banking and capital markets operations and supporting infrastructure for US$1.75 billion. Nomura Holdings Inc., the largest brokerage house in Japan, purchased LBHI's operations in Europe for US$2 plus the retention of most of employees. Nomura also bought Lehman's operations in the Asia Pacific for US$225 million. Lehman emerged from bankruptcy protection on March 6, 2012, more than three years after it filed the largest bankruptcy in U.S. history. The Chapter 11 plan for the Lehman companies other than the broker was confirmed in December 2011. * * * According to a report by Wall Street Journal Pro Bankruptcy, the team winding down Lehman Brothers Holdings Inc. was slated to pay out $3.8 billion to creditors in October 2016. This was the 11th distribution since Lehman failed in 2008, and brought the total payout to more than $113.6 billion. The bulk of the cash -- $83.6 billion -- has gone to pay so-called third-party, or non-Lehman claims, WSJ related. Bondholders were projected to receive about 21 cents on the dollar when Lehman's bankruptcy plan went into effect in early 2012. According to the WSJ report, Lehman said in a court filing that the bondholders will have recovered more than 40 cents on the dollar after the 11th distribution is completed; while general unsecured creditors of Lehman's commodities unit will have received nearly 79 cents on the dollar following the latest distribution. LEHMAN BROTHERS: QVT Financial Fights for $265MM Claim ------------------------------------------------------ William Gorta, writing for Bankruptcy Law360, reports that Nicholas Brumm, who was one of the founders of hedge fund manager QVT Financial LP, said before the New York bankruptcy court that his company was blindsided when Lehman Brothers Holdings Inc. was allowed to file for bankruptcy without intervention in 2008. Mr. Brumm, Law360 relates, was the first witness called in a bankruptcy court trial as QVT Financial attempts to collect on a $265 million claim stemming from credit default swap transactions with Alex Wolf, also writing for Law360, recalls that QVT Financial initiated its efforts to replace more than $3 billion worth of CDS protection on Sept. 15, 2008. About Lehman Brothers Lehman Brothers Holdings Inc. -- http://www.lehman.com/-- was the fourth largest investment bank in the United States. For more than 150 years, Lehman Brothers has been a leader in the global financial markets by serving the financial needs of corporations, governmental units, institutional clients and individuals worldwide. Lehman Brothers filed for Chapter 11 bankruptcy Sept. 15, 2008 (Bankr. S.D.N.Y. Case No. 08-13555). Lehman's bankruptcy petition disclosed US$639 billion in assets and US$613 billion in debts, effectively making the firm's bankruptcy filing the largest in U.S. history. Several other affiliates followed thereafter. Affiliates Merit LLC, LB Somerset LLC and LB Preferred Somerset LLC sought for bankruptcy protection in December 2009. The Debtors' bankruptcy cases were assigned to Judge James M. Peck. Judge Shelley Chapman took over the case after Judge Peck retired from the bench to join Morrison & Foerster. A team of Weil, Gotshal & Manges, LLP, lawyers led by the late Harvey R. Miller, Esq., serve as counsel to Lehman. Epiq Bankruptcy Solutions serves as claims and noticing agent. Dennis F. Dunne, Esq., Evan Fleck, Esq., and Dennis O'Donnell, Esq., at Milbank, Tweed, Hadley & McCloy LLP, in New York, served as counsel to the Official Committee of Unsecured Creditors. Houlihan Lokey Howard & Zukin Capital, Inc., served as the Committee's investment banker. On Sept. 19, 2008, the Honorable Gerard E. Lynch of the U.S. District Court for the Southern District of New York, entered an order commencing liquidation of Lehman Brothers, Inc., pursuant to the provisions of the Securities Investor Protection Act (Case No. 08-CIV-8119 (GEL)). James W. Giddens was appointed as trustee for the SIPA liquidation of the business of LBI. He is represented by Hughes Hubbard & Reed LLP. The Bankruptcy Court approved Barclays Bank Plc's purchase of Lehman Brothers' North American investment banking and capital markets operations and supporting infrastructure for US$1.75 billion. Nomura Holdings Inc., the largest brokerage house in Japan, purchased LBHI's operations in Europe for US$2 plus the retention of most of employees. Nomura also bought Lehman's operations in the Asia Pacific for US$225 million. Lehman emerged from bankruptcy protection on March 6, 2012, more than three years after it filed the largest bankruptcy in U.S. history. The Chapter 11 plan for the Lehman companies other than the broker was confirmed in December 2011. * * * According to a report by Wall Street Journal Pro Bankruptcy, the team winding down Lehman Brothers Holdings Inc. was slated to pay out $3.8 billion to creditors in October 2016. This was the 11th distribution since Lehman failed in 2008, and brought the total payout to more than $113.6 billion. The bulk of the cash -- $83.6 billion -- has gone to pay so-called third-party, or non-Lehman claims, WSJ related. Bondholders were projected to receive about 21 cents on the dollar when Lehman's bankruptcy plan went into effect in early 2012. According to the WSJ report, Lehman said in a court filing that the bondholders will have recovered more than 40 cents on the dollar after the 11th distribution is completed; while general unsecured creditors of Lehman's commodities unit will have received nearly 79 cents on the dollar following the latest distribution. LIMITED STORES: Seeks to Hire Guggenheim as Investment Banker ------------------------------------------------------------- Limited Stores Company, LLC seeks approval from the U.S. Bankruptcy Court for the District of Delaware to hire an investment banker. The Debtor proposes to hire Guggenheim Securities, LLC to provide these services: (a) evaluation from a financial and capital markets point of view of alternative structures and strategies for implementing a transaction, including the structure and terms of any securities and other financial instruments to be issued in the transaction; (b) preparation of marketing and due diligence materials concerning the company and its subsidiaries, and the transaction for distribution and presentation to investors, acquirers and other parties; (c) preparation and implementation of a marketing plan and due diligence process with respect to the transaction; (d) solicitation of and the review of indications of interest and proposals received from prospective investors, acquirers or other parties with respect to the transaction; and (e) negotiation of transactions, including participating in meetings with creditors and other counterparties involved in any transaction. Guggenheim will receive an initial cash fee of $150,000, and a non-refundable monthly cash fee of $75,000 during the term of its employment without regard to whether a transaction has been or will be consummated. The firm will also receive a non-refundable cash fee in the amount of $1.5 million, payable promptly upon the earlier of the closing of any transaction, or confirmation of any Chapter 11 plan providing for the consummation of the transaction. Monthly fee payments in excess of $300,000, however, will be credited against any transaction fee payable to the firm. Durc Savini, senior managing director of Guggenheim, disclosed in a court filing that the firm does not hold or represent any interest adverse to the Debtors' bankruptcy estates. The firm can be reached through: Durc Savini Guggenheim Securities, LLC 330 Madison Avenue New York, NY 10017 Phone: 212-739-0700 About Limited Stores Limited Stores Company, LLC, Limited Stores, LLC, and The Limited Stores GC, LLC, filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (Bankr. D. Del. Lead Case No. 17-10124) on Jan. 17, 2017, blaming, among other things, the shift of consumer preference from shopping at brick and mortar stores to online shopping. The petitions were signed by Timothy D. Boates, authorized signatory. The Debtors comprise a multi-channel retailing company operating under the name "The Limited," which specializes in the sale of women's clothing. Founded in 1963 as a single store, the Debtors expanded over the past five decades to become a household name throughout the United States for women's apparel. At their peak, the Debtors operated approximately 750 retail brick and mortar store locations in the United States as well as an e-commerce channel, which was accessible through the Debtors' website at www.TheLimited.com. Donlin, Recano & Company, Inc. serves as the Debtors' notice, claims and balloting agent. Limited Stores Company estimated $10 million to $50 million in assets and $100 million to $500 million in liabilities. On January 24, 2017, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. LIMITED STORES: Seeks to Hire Klehr Harrison as Legal Counsel ------------------------------------------------------------- Limited Stores Company, LLC seeks approval from the U.S. Bankruptcy Court for the District of Delaware to hire Klehr Harrison Harvey Branzburg LLP. Klehr will serve as legal counsel to Limited Stores and its affiliates in connection with their Chapter 11 cases. The services to be provided by the firm include advising the Debtors regarding their duties under the Bankruptcy Code, negotiating with creditors, and preparing a bankruptcy plan. The hourly rates charged by the firm are: Partners $360 - $700 Counsel $300 - $450 Associates $230 - $425 Paralegals $150 - $300 The Klehr professionals designated to represent the Debtors and their hourly rates are: Domenic Pacitti $595 - $625 Michael Rittinger $525 - $550 Melissa Hughes $190 - $200 Domenic Pacitti, Esq., disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Domenic E. Pacitti, Esq. Klehr Harrison Harvey Branzburg LLP 919 N. Market Street, Suite 1000 Wilmington, DE 19801-3062 Tel: 302-426-1189 / 302-552-5511 Fax: 302-426-9193 Email: dpacitti@klehr.com About Limited Stores Limited Stores Company, LLC, Limited Stores, LLC, and The Limited Stores GC, LLC, filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (Bankr. D. Del. Lead Case No. 17-10124) on Jan. 17, 2017, blaming, among other things, the shift of consumer preference from shopping at brick and mortar stores to online shopping. The petitions were signed by Timothy D. Boates, authorized signatory. The Debtors comprise a multi-channel retailing company operating under the name "The Limited," which specializes in the sale of women's clothing. Founded in 1963 as a single store, the Debtors expanded over the past five decades to become a household name throughout the United States for women's apparel. At their peak, the Debtors operated approximately 750 retail brick and mortar store locations in the United States as well as an e-commerce channel, which was accessible through the Debtors' website at www.TheLimited.com. Donlin, Recano & Company, Inc. serves as the Debtors' notice, claims and balloting agent. Limited Stores Company estimated $10 million to $50 million in assets and $100 million to $500 million in liabilities. On January 24, 2017, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. LIMITED STORES: Seeks to Hire RAS Management, Appoint CRO --------------------------------------------------------- Limited Stores Company, LLC has filed an application seeking approval from the U.S. Bankruptcy Court for the District of Delaware to hire RAS Management Advisors, LLC and designate Timothy Boates as chief restructuring officer. The services to be provided by RAS Management and Mr. Boates, president of the firm, include: (a) management of the financial resources of the company and its subsidiaries, including cash and liquidity management; (b) evaluating all aspects of the Debtors' operations to determine if any cost reduction measures can be implemented; (c) directing the efforts of the Debtors' management, employees, and external professionals in connection with any bankruptcy matters or potential transactional efforts; (d) directing the development of a plan of reorganization, if applicable; (e) management of the obligations owed by the Debtors to creditors; (f) assisting the Debtors' management and external professionals with efforts related to any transactional processes; and (g) assisting in the development of any information that may be required in support of any Chapter 11 plan. The hourly rates charged by the firm are: Daily Hourly ------ ------ Timothy Boates $5,500 $550 Michael Rizzo $3,800 $380 Patrick Carew $3,250 $325 Mr. Boates disclosed in a court filing that his firm has not represented any entity in matters related to the Debtors' bankruptcy cases. RAS Management can be reached through: Timothy D. Boates RAS Management Advisors, LLC 1285 Sharps Cove Road Gurley, AL 35748 Phone: 256-776-4989 Fax: 256-776-4990 Email: tboates@rasmanagement.com About Limited Stores Limited Stores Company, LLC, Limited Stores, LLC, and The Limited Stores GC, LLC, filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (Bankr. D. Del. Lead Case No. 17-10124) on Jan. 17, 2017, blaming, among other things, the shift of consumer preference from shopping at brick and mortar stores to online shopping. The petitions were signed by Timothy D. Boates, authorized signatory. The Debtors comprise a multi-channel retailing company operating under the name "The Limited," which specializes in the sale of women's clothing. Founded in 1963 as a single store, the Debtors expanded over the past five decades to become a household name throughout the United States for women's apparel. At their peak, the Debtors operated approximately 750 retail brick and mortar store locations in the United States as well as an e-commerce channel, which was accessible through the Debtors' website at www.TheLimited.com. Donlin, Recano & Company, Inc. serves as the Debtors' notice, claims and balloting agent. Limited Stores Company estimated $10 million to $50 million in assets and $100 million to $500 million in liabilities. On January 24, 2017, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. LIMITED STORES: Taps Donlin Recano as Administrative Agent ---------------------------------------------------------- Limited Stores Company, LLC seeks approval from the U.S. Bankruptcy Court for the District of Delaware to hire an administrative agent. The company proposes to hire Donlin, Recano & Company, Inc. to provide these services: (a) assist in the solicitation, balloting, tabulation and calculation of votes, and in the preparation of reports required for confirmation of a bankruptcy plan; (b) generate an official ballot certification and testify, if necessary, in support of the ballot tabulation results; (c) handle requests for documents in connection with the balloting services; (d) gather data in conjunction with the preparation of the schedules of assets and liabilities and statements of financial affairs of Limited Stores and its subsidiaries; (e) provide a confidential data room, if requested; and (f) manage and coordinate any distributions pursuant to a confirmed plan of reorganization or otherwise. The hourly rates charged by the firm are: Senior Bankruptcy Consultant $165 Case Manager $140 Technology/Programming Consultant $110 Consultant/Analyst $90 Clerical $45 Roland Tomforde, chief operating officer of Donlin, disclosed in a court filing that his firm does not hold or represent any interest adverse to the Debtors, their bankruptcy estates or their creditors. The firm can be reached through: Roland Tomforde Donlin, Recano & Company, Inc. 6201 15th Avenue Brooklyn, New York 11219 Tel: (212) 481-1411 About Limited Stores Limited Stores Company, LLC, Limited Stores, LLC, and The Limited Stores GC, LLC, filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (Bankr. D. Del. Lead Case No. 17-10124) on Jan. 17, 2017, blaming, among other things, the shift of consumer preference from shopping at brick and mortar stores to online shopping. The petitions were signed by Timothy D. Boates, authorized signatory. The Debtors comprise a multi-channel retailing company operating under the name "The Limited," which specializes in the sale of women's clothing. Founded in 1963 as a single store, the Debtors expanded over the past five decades to become a household name throughout the United States for women's apparel. At their peak, the Debtors operated approximately 750 retail brick and mortar store locations in the United States as well as an e-commerce channel, which was accessible through the Debtors' website at www.TheLimited.com. Donlin, Recano & Company, Inc. serves as the Debtors' notice, claims and balloting agent. Limited Stores Company estimated $10 million to $50 million in assets and $100 million to $500 million in liabilities. On January 24, 2017, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. LONG BEACH HOMEMAKERS: Hires Merritt Hagen as Special Counsel ------------------------------------------------------------- Long Beach Homemakers, Inc., dba Oxford Services and its debtor-affiliate, seek authorization from the U.S. Bankruptcy Court for the Central District of California to employ Merritt, Hagen & Sharf, LLP as special counsel. The Debtors each scheduled debts to secured creditors in the amount of: -- $326,043.04 to Funding 280, LLC and -- $50,431.10 to Rober Sobel. The Debtors state that Funding 280 holds a blanket lien on the Debtors' assets, and Mr. Sobel holds a lien on the Debtors' accounts receivable. Both Creditors are insiders of the Debtors, as disclosed in the schedules. At an early hearing, the Court noted that the Secured Creditors were insiders and held obligations with joint and several obligations of both debtors, raising the potential for various conflicts of interest, including potential conflicts in the hiring of counsel. The Debtor requires Merritt Hagen to: a. determine the validity, priority and extent of the liens and loans of the two Secured Creditors; and b. provide a single declaration setting forth their findings. The Debtors have agreed to pay the firm a single flat rate advance retainer of $5,000 subject to increases in increments of $1,500 in the event the firm is required to testify in deposition or in Court. Mark Sharf, Esq., partner of Merritt, Hagen & Sharf, LLP, assured the Court that the firm does not represent any interest adverse to the Debtors and their estates. The Firm may be reached at: Mark Sharf, Esq. Merritt, Hagen & Sharf, LLP 5950 Canoga Avenue, Suite 400 Woodland Hills, CA 91367 Tel: (818)992-1940 Fax: (818)992-3309 E-mail: mark@forbankruptcy.com About Long Beach Homemakers Long Beach Homemakers Inc. and Long Beach Oxford Services Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case Nos. 16-21788 and 16-21789) on Sept. 2, 2016. The petitions were signed by Robert Sobel, CEO. The Debtors are represented by Jason Wallach, Esq., at Gipson Hoffman & Pancione, APC, in Los Angeles, California. The Debtors' cases are jointly administered. At the time of the 2016 filing, Long Beach Homemakers disclosed $577,000 in assets and $50.5 million in liabilities. Meanwhile, Long Beach Oxford disclosed $93,400 in assets and $50.5 million in liabilities. Long Beach Homemakers, Inc., d/b/a Oxford Healthcare, previously filed a Chapter 11 petition (Bankr. C.D. Cal. Case No. 15-20670) on July 3, 2015, and was represented by Jeffrey B Smith, Esq., at Curd, Galindo & Smith, LLP, in Long Beach, California. At the time of the 2015 filing, the Debtor had $773,568 in total assets and $1.2 million in total liabilities. LONG BEACH HOMEMAKERS: Taps Michael Schneider as Accountant ----------------------------------------------------------- Long Beach Homemakers, Inc. and Long Beach Oxford Services, Inc. seek approval from the U.S. Bankruptcy Court for the Central District of California to hire an accountant. The Debtors propose to hire Michael Schneider and Company, Certified Public Accountants to prepare and file their income tax returns for the year ending Nov. 30, 2016. The firm will be paid a flat fee of $5,000. Michael Schneider, principal and owner of the firm, disclosed in a court filing that he does not hold or represent any interest adverse to the Debtors. Mr. Schneider maintains an office at: Michael Schneider Michael Schneider and Company Certified Public Accountants 137 Spinnaker Mall Marina Del Rey, CA 90292 Phone: (310) 823-9911 Fax: (310) 823-4099 About Long Beach Homemakers Long Beach Homemakers Inc. and Long Beach Oxford Services Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Lead Case No. 16-21788) on Sept. 2, 2016. The petitions were signed by Robert Sobel, CEO. At the time of the 2016 filing, Long Beach Homemakers disclosed $577,000 in assets and $50.5 million in liabilities. Meanwhile, Long Beach Oxford disclosed $93,400 in assets and $50.5 million in liabilities. Both are represented by Jason Wallach, Esq., at Gipson Hoffman & Pancione, APC, in Los Angeles, California. Long Beach Homemakers, d/b/a Oxford Healthcare, previously filed a Chapter 11 petition (Bankr. C.D. Cal. Case No. 15-20670) on July 3, 2015, and was represented by Jeffrey B Smith, Esq., at Curd, Galindo & Smith, LLP, in Long Beach, California. At the time of the 2015 filing, the Debtor had $773,568 in total assets and $1.2 million in total liabilities. On October 6, 2016, the court issued an order declining to appoint a patient care ombudsman for Long Beach Oxford. LONG BROOK: Hires DeLibro Realty as Realtor ------------------------------------------- Long Brook Station, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Connecticut to employ DeLibro Realty Group, LLC as realtor to the Debtor. Long Brook requires DeLibro Realty to market and sell the Debtor's property known as 3044 Main Street, Stratford, Connecticut. The Debtor's real property has received zoning approval from the Town of Stratford for development plan to erect forty-five market rate and affordable housing units. DeLibro Realty will be paid a contingent fee of 5% of the sales price. DeLibro Realty will also be reimbursed for reasonable out-of-pocket expenses incurred. Robert D. DeLibro, member of DeLibro Realty Group, LLC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. DeLibro Realty can be reached at: Robert D. DeLibro DELIBRO REALTY GROUP, LLC 1504 Barnum Avenue Bridgeport, CT Tel: (203) 333-8804 About Long Brook Station, LLC 500 North Avenue, LLC, and Long Brook Station, LLC, filed chapter 11 petitions (Bankr. D. Conn. Case Nos. 14-31094 and 14-31095) on June 6, 2014. The petitions were signed by Joseph Regensburger, member. The Debtors are represented by Douglas S. Skalka, Esq., at Neubert, Pepe, and Monteith, P.C. The case is assigned to Judge Julie A. Manning. 500 North Avenue, LLC estimated assets at $1 million to $10 million and liabilities at $10 million to $50 million at the time of the filing. Long Brook Station, LLC estimated assets at $500,000 to $1 million and liabilities at $1 million to $10 million at the time of the filing. LUCKY DUCK: Hires Henry Petersen as Accountant ---------------------------------------------- Lucky Duck Campground, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Oregon to employ Henry Petersen Berry & Quigley as accountant to the Debtor. Lucky Duck requires Henry Petersen to assist the Debtor in preparing the Tax Returns, financial reporting and financial projections. Henry Petersen will be paid at these hourly rates: Dennis Quigley $150 Staff Assistant $75 Henry Petersen will also be reimbursed for reasonable out-of-pocket expenses incurred. Dennis Quigley, member of Henry Petersen Berry & Quigley, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Henry Petersen can be reached at: Dennis Quigley HENRY PETERSEN BERRY & QUIGLEY 1580 Valley River Drive, Suite 270 Eugene, OR 97401 1580 Valley River Drive, Suite 270 Eugene, OR 97401 Tel: (541) 683-4633 About Lucky Duck Campground, LLC Lucky Duck Campground, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ore. Case No. 16-63434) on November 29, 2016, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Ted A Troutman, Esq., at Troutman Law Firm, P.C. The case is assigned to Judge Thomas M. Renn. LYNEIL MITCHELL: Case Summary & 4 Unsecured Creditors ----------------------------------------------------- Debtor: Lyneil Mitchell Physical Therapy, P.C. d/b/a Revolution Physical Therapy 8001 Rowan Road, Suite 104 Cranberry Twp, PA 16066 Case No.: 17-20368 Nature of Business: Health Care Chapter 11 Petition Date: February 1, 2017 Court: United States Bankruptcy Court Western District of Pennsylvania (Pittsburgh) Judge: Hon. Thomas P. Agresti Debtor's Counsel: Brian C. Thompson, Esq. THOMPSON LAW GROUP, P.C. 125 Warrendale-Bayne Road, Suite 200 Warrendale, PA 15086 Tel: 724-799-8404 Fax: 724-799-8409 E-mail: bthompson@ThompsonAttorney.com Estimated Assets: $0 to $50,000 Estimated Liabilities: $1 million to $10 million The petition was signed by Dr. Lyneil Mitchell, president. A copy of the Debtor's list of four unsecured creditors is available for free at http://bankrupt.com/misc/pawb17-20368.pdf MACIEJ PAINT: Hires Steven B. Nosek, PA as Attorneys ---------------------------------------------------- Maciej Paint Corporation d/b/a Industrial Painting Specialist, Inc., seeks authorization from the U.S. Bankruptcy Court for the District of Minnesota to employ the Law Office of Steven B. Nosek, PA as attorneys for the Debtor. The Debtor requires the Firm to render pre-petition planning, analysis of the Debtor's financial situation, planned use of cash collateral, post-petition financing, and the rendering of advice and assistance to determine if the Debtor should file a petition for relief under Chapter 11 of the Bankruptcy Code, preparation and filing of a Petition for Relief, Statement of Financial Affairs, and other documents required by this Court, representation of the Debtor at expected adversary proceedings, motions, meetings of creditors and formulation of a Plan of Reorganization of the Debtor's business. The Firm lawyers who will work on the Debtor's case and their hourly rates are: Steven B. Nosek, Esq. $300 Yvonne R. Doose, Esq. $150 Steven B. Nosek, Esq., attorney at the Law Office of Steven B. Nosek, PA, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. The Firm may be reached at: Steven B. Nosek, Esq. Law Office of Steven B. Nosek, PA 2855 Anthony Lane South, Suite 201 St. Anthony, MN 55418 Phone: (612) 335-9171 E-mail: snosek@visi.com About Maciej Paint Corporation Maciej Paint Corporation d/b/a Industrial Painting Specialist, Inc. filed a Chapter 11 bankruptcy petition (Bankr. D.MN. Case No. 17-30094) on January 13, 2017. The Hon. Katherine A. Constantine presides over the case. Law Office of Steven B. Nosek, PA represents the Debtor as counsel. In its petition, the Debtor estimated $0 to $50,000 in assets and $1 million to $10 million in liabilities. The petition was signed by Carol Maciej, president. MAPLE BANK: Claims Bar Date Set for February 28 ----------------------------------------------- The Superior Court of Justice of Ontario (Commercial List) set Feb. 28, 2017, at 4:00 p.m. (Eastern Time) as the last day for parties to file proofs of claim against individuals who are or have been principal officers of Maple Bank GmbH (Toronto Branch) and that relate to amounts for which the individual may in law be liable to pay in his or her capacity as principal officer and that arose prior to the winding-up date including, without limitation, any claims arising in such individual's capacity as an officer and director of Maple Financial Group Inc., Maple Futures Corp., Maple Holdings Canada Limited, Maple Securities Canada Limited, Maple Trade Finance Inc., Maple Securities USA Inc., Maple Arbitrage Inc., Maple Trade Finance Corp., Maple Commercial Finance Corp., and Maple Partners America Inc. Creditors can obtain the claims bar date and proof of claim package at http://kpmg.com/ca/maplebankor by contacting Tel: (416) 777-8415, By Fax: (416) 777-3364 or By Email: pjreynolds@kpmg.ca Completed proofs of claim must be submitted to: KPMG Inc. Court-appointed Liquidator of Maple Bank GmbH Bay Adelaide Centre 333 Bay Street, Suite 4600 Toronto, ON M5H 2S5 Canada Attention: Philip J. Reynolds Tel: (416) 777-8415 Fax: (416) 777-3364 Email: pjreynolds@kpmg.ca Maple Bank GmbH -- http://www.maplebank.com/de/ueber-uns.html-- provided commercial banking, equity and fixed income trading, repos and securities lending, deposits, and structured products and institutional sales services. On February 15, 2016, the court appointed insolvency administrator of Maple Bank GmbH and putative foreign representative of Maple Bank GmbH under Chapter 15 U.S. Bankruptcy Code filed the Verified Petition for Recognition of Foreign Proceeding and Motion for Order Granting Related Relief pending before the United States Bankruptcy Court for the Southern District of New York and captioned In re Maple Bank GmbH, Case No. 16-10336 (MG) (Bankr. S.D.N.Y.). The Verified Petition seeks, among other things, the entry of an order (i) recognizing Maple Bank's insolvency proceeding pursuant to the German Insolvency Act, commenced before the Frankfurt Lower District Court (Amtsgericht Frankfurt am Main), Case No. 810 IN 128/16 M, as a foreign main proceeding, or in the alternative, as a foreign non-main proceeding, (ii) recognizing the Petitioner as the foreign representative of Maple Bank and (iii) granting related relief under chapter 15 of the US Bankruptcy Code. In July 2016, the Office of the Superintendent of Financial Institutions in Canada pushed to liquidate Maple Financial Group Inc.'s German unit after warning that Canadian creditors may be short-changed by Germany's insolvency proceeding against the lender, according to a Bloomberg News report, citing an internal memo from the regulator. Maple Bank is headquartered in Frankfurt, Germany, but has a branch in Canada. The branch doesn't take or hold any retail deposits, but mainly deals in securitization, securities financing and structured secured wholesale lending, CBCNews noted. According to Bloomberg, German banking watchdog BaFin shuttered Maple Bank GmbH in February 2016 after a dispute over tax refunds threatened the firm's stability. Authorities in that country are seeking to hold Maple Bank liable for alleged tax liabilities of as much as 392 million euros ($436 million), according to court documents. The bank also has branches in Canada and the Netherlands, and broker-dealers in Canada, the U.S. and U.K. Dr. Michael C. Frege, in his capacity as the court-appointed Insolvency Administrator and putative foreign representative, serves as petitioner in the Chapter 15 case. He is represented by: DENTONS US LLP D. Farrington Yates, Esq. Giorgio Bovenzi, Esq. James A. Copeland, Esq. 1221 Avenue of the Americas New York, New York 10020 Tel: (212) 768-6700 Fax: (212) 768-6800 Email: farrington.yates@dentons.com giorgio.bovenzi@dentons.com james.copeland@dentons.com MARTIN SMITH: Must Not Escape Tax Liabilities, IRS Tells Court -------------------------------------------------------------- Vidya Kauri, writing for Bankruptcy Law360, reports that the Internal Revenue Service has urged the U.S. Supreme Court to keep a decision by the Ninth Circuit barring Martin Smith from escaping certain tax liabilities during bankruptcy. Law360 recalls that the Ninth Circuit found in July that a late 2001 tax filing by Mr. Smith was not an "honest and reasonable attempt" to comply with tax law, and it could, therefore, not meet the definition of a "return" under bankruptcy rules to nix his deficiency. The Debtor brought an adversary proceeding against the IRS to determine the dischargeability of his assessed $70,662 debt for his 2001 federal income taxes. On Jan. 31, 2013, the Bankruptcy Court granted summary judgment in favor of petitioner, holding that the assessed tax debt was dischargeable. The Bankruptcy Court first determined that the requirement that tax returns be filed in a timely manner was not an "applicable filing requirement[]" within the meaning of Section 523(a)(*). The Bankruptcy Court concluded that, even though petitioner had not filed a Form 1040 until years after the IRS had assessed the $70,662 debt, his filing "evince[d] an honest and genuine endeavor to satisfy the law" and was therefore a "return." The government appealed to the U.S. District Court for the Northern District of California, which reversed. The District Court held that the $70,662 tax debt was nondischargeable. The District Court held that petitioner's belated Form 1040 was not a "return" because it did "not constitute an honest and reasonable attempt to comply with the requirements of the tax law." The District Court explained that "to belatedly accept responsibility for one's tax liabilities, only when the IRS has left one [with] no other choice, is hardly how honest and reasonable taxpayers attempt to comply with the tax code." The Court of Appeals affirmed. The Court of Appeals held that Mr. Smith's "tax filing, made seven years late and three years after the IRS assessed a deficiency against him, was not an 'honest and reasonable' attempt to comply with the tax code." The Court of Appeals also stated that it need not decide "whether any post-assessment filing could be 'honest and reasonable ' because these are not close facts." The Court of Appeals explained that "the IRS communicated with [petitioner] for years before assessing a deficiency, and [petitioner] waited several more years before responding to the IRS or reporting his 2001 financial information." Smith filed a voluntary Chapter 7 bankruptcy petition (Bankr. N.D. Cal. Case No. 11-_____) on December 22, 2011. MAXUS ENERGY: Retirees' Committee Hires Akin Gump as Counsel ------------------------------------------------------------ The Official Committee of Retirees of Maxus Energy Corporation, et al., seeks authorization from the U.S. Bankruptcy Court for the District of Delaware to retain Akin Gump Strauss Hauer & Feld LLP as counsel to the Retirees' Committee. The Retirees' Committee requires Akin Gump to: (a) advise the Retirees' Committee with respect to its rights, duties and powers in the Chapter 11 Cases; (b) advise the Retirees' Committee with respect to the postpetition treatment of "retiree benefits" as defined by Bankruptcy Code section 1114(a) in these Chapter 11 cases and the negotiation thereof; (c) assist and advise the Retirees' Committee in its consultations and negotiations with the Debtors relative to the administration of the Chapter 11 Cases; (d) assist the Retirees' Committee in analyzing the claims of the Debtors' creditors and the Debtors' settlement of litigation claims including, without limitation, settlement negotiation with YPF, S.A., and in negotiating with holders of claims and equity interests; (e) assist the Retirees' Committee in its investigation of the acts, conduct, assets, liabilities and financial condition of the Debtors and their insiders and of the operation of the Debtors' businesses; (f) assist the Retirees' Committee in its analysis of, and negotiations with, the Debtors or any third party concerning matters related to, among other things, the assumption or rejection of certain leases of non- residential real property and executory contracts, asset dispositions, financing of other transactions and the terms of one or more plans of reorganization or plans of liquidation for the Debtors and accompanying disclosure statements and related plan documents; (g) assist and advise the Retirees' Committee as to its communications to the retirees regarding significant matters in the Chapter 11 Cases; (h) represent the Retirees' Committee at all hearings and other proceedings before the bankruptcy Court; (i) review and analyze applications, orders, statements of operations and schedules filed with the Court and advise the Retirees' Committee as to their propriety and, to the extent deemed appropriate by the Retirees' Committee, support, join or object thereto; (j) advise and assist the Retirees' Committee with respect to any legislative, regulatory or governmental activities; (k) assist the Retirees' Committee in preparing pleadings and applications as may be necessary in furtherance of the Retirees' Committee's interests and objectives; (l) assist the Retirees' Committee in its review and analysis of all of the Debtors' various agreements; (m) prepare, on behalf of the Retirees' Committee, any pleadings, including, without limitation, motions, memoranda, complaints, adversary complaints, objections or comments in connection with any matter related to the Debtors or the Chapter 11 Cases; (n) investigate and analyze any claims against the Debtors' non-debtor affiliates; and (o) perform such other legal services as may be required or are otherwise deemed to be in the interests of the Retirees' Committee in accordance with the Retirees' Committee's powers and duties as set forth in the Bankruptcy Code, Bankruptcy Rules or other applicable law. Akin Gump will be paid at these hourly rates: Partners $765–$1500 Senior Counsel and Counsel $415–$1025 Senior Attorneys $375–$925 Associates $335–$825 Paraprofessionals $150–$460 Akin Gump will also be reimbursed for reasonable out-of-pocket expenses incurred. In accordance with Appendix B-Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed under 11 U.S.C. Sec. 330 for Attorneys in Larger Chapter 11 Cases, the following is provided in response to the request for additional information: (a) Akin Gump did not agree to any variations from, or alternatives to, its standard or customary billing arrangements for this engagement. (b) No rate for any of the professionals included in this engagement varies based on the geographic location of the bankruptcy case. (c) Akin Gump did not represent any member of the Retirees' Committee prior to its retention by the Retirees' Committee. (d) Akin Gump expects to develop a prospective budget and staffing plan to reasonably comply with the U.S. Trustee's request for information and additional disclosures, as to which Akin Gump reserves all rights. (e) The Retirees' Committee has approved Akin Gump's proposed hourly billing rates. The Akin Gump attorneys and paraprofessionals staffed on the Chapter 11 Cases, subject to modification depending upon further development. Charles R. Gibbs, member of Akin Gump Strauss Hauer & Feld LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) are not creditors, equity security holders or insiders of the Debtor; (b) have not been, within two years before the date of the filing of the Debtor's chapter 11 petition, directors, officers or employees of the Debtor; and (c) do not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtor, or for any other reason. Akin Gump can be reached at: Charles R. Gibbs, Esq. AKIN GUMP STRAUSS HAUER & FELD LLP 1700 Pacific Avenue, Suite 4100 Dallas, TX 75201 Tel: (214) 969-2800 E-mail: cgibbs@akingump.com About Maxus Energy Corporation Maxus Energy Corporation and four of its subsidiaries filed voluntary petitions for reorganization under Chapter 11 (Bankr. D. Del., Case No. 16-11501) on June 17, 2016. The Debtors intend to use the breathing spell afforded by the Bankruptcy Code to decide whether their existing environmental remediation operations and oil and gas operations can be restructured as a sustainable, stand-alone enterprise. The Debtors have engaged Young Conaway Stargatt & Taylor, LLP as local counsel, Morrison & Foerster LLP as general bankruptcy counsel, Zolfo Cooper, LLC as financial advisor and Prime Clerk LLC as claims and noticing agent, all are subject to the Bankruptcy Court's approval. The Debtors also have hired Keen-Summit Capital Partners LLC as real estate broker, Hilco Steambank to market and sell their internet protocol numbers and other internet number resources, and EnergyNet.com to market and sell the Debtors' rights, title, and interest in and to the oil and gas properties. On July 7, 2016, the United States Trustee for the District of Delaware filed a Notice of Appointment of Committee of Unsecured Creditors. The Committee selected Schulte Roth & Zabell LLP as counsel, and Cole Schotz as Delaware co-counsel. Berkeley Research Group, LLC, serves as financial advisor for the Committee. Andrew Vara, acting U.S. Trustee for Region 3, also has appointed a committee of retirees: John Leslie Jackson, Sr., Gerald G. Carlton, and Robert E. Garbesi. The Retirees' Committee has hired Akin Gump Strauss Hauer & Feld LLP as counsel, Ashby & Geddes, P.A. as co-counsel. MAXUS ENERGY: Retirees' Panel Hires Ashby & Geddes as Co-counsel ---------------------------------------------------------------- The Official Committee of Retirees of Maxus Energy Corporation, et al., seeks authorization from the U.S. Bankruptcy Court for the District of Delaware to retain Ashby & Geddes, P.A. as co-counsel to the Retirees' Committee. The Retirees' Committee requires Ashby to: (a) provide legal advice and guidance regarding the rules and practices of the Court applicable to the Retirees Committee's powers and duties as an official committee appointed under sections 1102 and 1114 of the Bankruptcy Code; (b) provide legal advice and guidance regarding any attempt or proposal by the Debtors to modify or eliminate any benefits provided by the Debtors to their retirees, and otherwise in connection with the Retirees Committee's exercise of its responsibilities; (c) provide legal advice and guidance regarding any disclosure statement and plan filed in these cases and with respect to the process for approving or disapproving a disclosure statement and confirming or denying confirmation of a plan; (d) prepare and review applications, motions, complaints, answers, orders, agreements and other legal papers filed on behalf of the Retirees Committee for compliance with the rules and practices of the Court; (e) consult with the Debtors and their professionals, other parties-in-interest and their professionals and the U.S. Trustee concerning the administration of the Debtors' estates; (f) appear in Court to present necessary motions, applications and pleadings and otherwise protecting the interests of the Retirees Committee and the Debtors' retirees; and (g) perform such other legal services for the Retirees Committee as the Retirees Committee or Akin Gump believes may be necessary and proper in the Chapter 11 Cases. Ashby will be paid at these hourly rates: William P. Bowden, Member $740 Gregory A. Taylor, Member $565 F. Troupe Mickler IV, Associate $380 Chris P. Warnick, Paralegal $205 Ashby will also be reimbursed for reasonable out-of-pocket expenses incurred. William P. Bowden, member of Ashby & Geddes, P.A., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) are not creditors, equity security holders or insiders of the Debtor; (b) have not been, within two years before the date of the filing of the Debtor's chapter 11 petition, directors, officers or employees of the Debtor; and (c) do not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtor, or for any other reason. Ashby can be reached at: William P. Bowden, Esq. ASHBY & GEDDES, P.A. 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 Tel: (302) 654-1888 E-mail: wbowden@ashby-geddes.com About Maxus Energy Corporation Maxus Energy Corporation and four of its subsidiaries filed voluntary petitions for reorganization under Chapter 11 (Bankr. D. Del., Case No. 16-11501) on June 17, 2016. The Debtors intend to use the breathing spell afforded by the Bankruptcy Code to decide whether their existing environmental remediation operations and oil and gas operations can be restructured as a sustainable, stand-alone enterprise. The Debtors have engaged Young Conaway Stargatt & Taylor, LLP as local counsel, Morrison & Foerster LLP as general bankruptcy counsel, Zolfo Cooper, LLC as financial advisor and Prime Clerk LLC as claims and noticing agent, all are subject to the Bankruptcy Court's approval. The Debtors also have hired Keen-Summit Capital Partners LLC as real estate broker, Hilco Steambank to market and sell their internet protocol numbers and other internet number resources, and EnergyNet.com to market and sell the Debtors' rights, title, and interest in and to the oil and gas properties. On July 7, 2016, the United States Trustee for the District of Delaware filed a Notice of Appointment of Committee of Unsecured Creditors. The Committee selected Schulte Roth & Zabell LLP as counsel, and Cole Schotz as Delaware co-counsel. Berkeley Research Group, LLC, serves as financial advisor for the Committee. Andrew Vara, acting U.S. Trustee for Region 3, also has appointed a committee of retirees: John Leslie Jackson, Sr., Gerald G. Carlton, and Robert E. Garbesi. The Retirees' Committee has hired Akin Gump Strauss Hauer & Feld LLP as counsel, Ashby & Geddes, P.A. as co-counsel. MIAMI NEUROLOGICAL: CNB Wants to Prohibit Continued Cash Use ------------------------------------------------------------ City National Bank of Florida asks the U.S. Bankruptcy Court for the Southern District of Florida to prohibit Miami Neurological Institute, LLC from using its cash collateral, or to condition the use of City National Bank's cash collateral on the Debtor's ability to provide acceptable adequate protection. City National Bank relates that the Debtor owes City National Bank a total of approximately $1,218,886, plus interest, costs and attorneys' fees on account of the Notes as of the date of the filing of the petition. City National Bank further relates that to secure the indebtedness, the Debtor has pledged all of its assets and granted City National Bank a continuing and unconditional first priority security interest on all of the Debtor's property, including all earning, dividends, interest, or other rights in connection therewith and the products and proceeds therefrom, including the proceeds of insurance therefrom, Pursuant to Security Agreements. City National Bank alleges that the Debtor did not notify City National Bank of its intent to file for bankruptcy. City National Bank further alleges that the Debtor did not ask for City National Bank's consent to use cash collateral prior to filing the Petition and the Debtor has not obtained a court order authorizing its use of cash collateral either. City National Bank tells the Court that through its counsel, it has repeatedly asked the Debtor to provide a budget for the Debtor's proposed use of cash collateral, however, City National Bank's counsel received a single page of an excel spreadsheet listing -- without any detail whatsoever -- proposed expenditures by the Debtor, without any projected income. City National Bank further tells the Court that it will review in good faith the additional information and projected income which the Debtor's counsel has recently provided in an effort to explore a consensual use of cash collateral. City National Bank of Florida is represented by: Paul Steven Singerman, Esq. Zachary P. Hyman, Esq. BERGER SINGERMAN LLP 1450 Brickell Avenue, Suite 1900 Miami, FL 33131 Telephone: (305) 755-9500 Facsimile: (305) 714-4340 Email: singerman@bergersingerman.com zhyman@bergersingerman.com About Miami Neurological Institute, LLC Miami Neurological Institute, LLC dba Advanced Neuro Spine Institute, filed a Chapter 11 petition (Bankr. S.D. Fla. Case No. 17-10703), on January 25, 2017. The Petition was signed by Juan Ramirez, managing member. The case is assigned to Judge Laurel M. Isicoff. The Debtor is represented by Brett A. Elam, Esq., Farber + ELam, LLC. At the time of filing, the Debtor estimated assets at $0 to $50,000 and liabilities at $1 million to $10 million. MOLYCORP INC: Auction for Mountain Pass Mine to Open with $40M -------------------------------------------------------------- Peg Brickley, writing for The Wall Street Journal Pro Bankruptcy, reported that the major U.S. source for elements vital to electronics, from cellphones to defense systems, is going up for auction in bankruptcy court, with a $40 million opening offer from an entity identified as Rare Earth Global Partners. According to the report, citing papers filed in U.S. Bankruptcy Court in Delaware, California's Mountain Pass mine, the sole significant developed source for crucial rare earths electronics elements in the U.S., is destined to go on the auction block in March. Up for sale is land and some equipment at the mine, the report related, citing court papers. Mineral rights at the site belong to an entity called Secured Natural Resources LLC, which is owned by creditors of the mine's former owner, Molycorp Inc., including JHL Capital Group LLC, the report further related. The Journal noted that the sale plan is the product of months of work by bankruptcy trustee Paul Harner, who was left with the Mountain Pass mine at the end of the contentious bankruptcy proceeding of its former parent, Molycorp. About Molycorp Inc. and Molycorp Minerals Molycorp Inc. -- http://www.molycorp.com/-- is a global rare earths and rare metals producer. Molycorp owns several prominent are earth processing facilities around the world. It has a workforce of 2,530 employees at locations on three continents. Molycorp's Mountain Pass Rare Earth Facility in San Bernadino County, California, is home to one of the world's largest and richest deposits of rare earths. Molycorp has corporate offices in the United States, Canada and China. CEO Geoffrey R. Bedford, and other senior management members are located in Molycorp's corporate offices in Toronto, Canada. Other senior management members are located at its U.S. corporate headquarters in Greenwood Village, Colorado. Molycorp and its North American subsidiaries, together with certain of its non-operating subsidiaries outside of North America, filed Chapter 11 voluntary petitions in Delaware (Bankr. D. Del. Lead Case No. 15-11357) on June 25, 2015, after reaching agreement with a group of lenders on a financial restructuring. The Chapter 11 cases of Molycorp and 20 affiliated debts are pending before Judge Christopher S. Sontchi. The agreement provides for a financial restructuring of the Company's $1.7 billion in debt and provides up to $225 million in gross proceeds in new financing to support operations while the Company completes negotiations with creditors. The Company's operations outside of North America, with the exception of non-operating companies in Luxembourg and Barbados, are excluded from the filings. Molycorp Rare Metals (Oklahoma), LLC, with operations in Quapaw, Oklahoma, also is excluded from the filings as it is not 100% owned by the Company. Molycorp retained investment banking firm Miller Buckfire & Co. and financial advisory firm AlixPartners, LLP. Jones Day and Young, Conaway, Stargatt & Taylor LLP served as legal counsel to the Company in this process. Prime Clerk serves as claims and noticing agent. Secured creditor Oaktree Capital Management L.P., consented to the use of cash collateral and to extend postpetition financing. On July 8, 2015, the U.S. trustee overseeing the Chapter 11 case of Molycorp Inc. appointed eight creditors of the company to serve on the official committee of unsecured creditors. The Creditors Committee tapped Ashby & Geddes, P.A. and Paul Hastings LLP as attorneys. On Nov. 9, the U.S. Trustee disbanded the committee following the resignation of committee members Wilmington Savings Fund Society FSB, MP Environmental Services Inc., Computershare Trust Company of Canada, Veolia Water North America Operating Services LLC, Delaware Trust Company, Wazee Street Capital Management, Plymouth Lane Partners (Master) LP, and United Steelworkers. * * * Molycorp, Inc.'s Fourth Joint Amended Plan of Reorganization has been confirmed by the U.S. Bankruptcy Court for the District of Delaware. The Plan contemplates two possible outcomes: (1) the sale of substantially all of the Debtors' assets if certain conditions set forth in the Plan are satisfied and (2) (a) the sale of the assets associated with the Debtors' Mountain Pass mining facility in San Bernardino County, California; and (b) the stand-alone reorganization around the Debtors' other three business units. Judge Christopher Sontchi of the U.S. Bankruptcy Court for the District of Delaware on April 8, 2016, issued a findings of fact, conclusions of law, and order confirming the Fourth Amended Joint Plan of Reorganization of Molycorp, Inc., and its debtor affiliates. On April 13, 2016, Judge Sontchi directed the appointment of a Chapter 11 trustee to oversee the operations of Industrial Minerals LLC, Molycorp Advance Water Technologies LLC, Molycorp Minerals LLC, PP IV Mountain Pass II Inc., PP IV Mountain Pass Inc., and RCF Speedwagon Inc. Each of the bankruptcy cases of the companies are no longer jointly administered with Molycorp's case under Case No. 15-11357. On May 2, 2016, the Court entered an order in the Molycorp Minerals Debtors' cases approving the appointment of Paul E. Harner as chapter 11 trustee for Molycorp Mineral Debtors' bankruptcy estates. On Aug. 31, 2016, Molycorp reported that its confirmed Fourth Joint Amended Plan became effective as of that date. Molycorp emerged from Chapter 11 protection as a newly reorganized business, now known as Neo Performance Materials. MOSAIC MANAGEMENT: Seeks to Extend Plan Exclusivity Thru March 3 ---------------------------------------------------------------- Mosaic Management Group, Inc. and its affiliated Debtors ask the U.S. Bankruptcy Court for the Southern District of Florida to extend the exclusive period to file a chapter 11 plan for each Debtor through and including March 3, 2017, and the exclusive period to solicit acceptances of a chapter 11 plan of each Debtor through and including April 3, 2017. The Debtors contend that these cases are extremely complex as it involve three Debtors with innumerable inter-state and international creditors. The Debtors relate that shortly after the commencement of these cases, the Debtors' former management took the position that the Debtors' primary assets -- life insurance policies -- should be marketed and sold pursuant to Section 363 of the Bankruptcy Code. Rather than selling the Policies, the Debtors -- with support of many of the Debtors' investor constituency --chose instead to obtain modest debtor-in-possession financing and stabilize the Debtors' portfolio. The Debtors further relate that since that time, the Debtors' management and advisors have, among other things, (a) ensured that policy premiums have been paid promptly so as to prevent lapse, (b) continuously negotiated proposed lending facilities, (c) initiated an adversary proceeding to bring additional assets into the Debtors' estates, and (d) reviewed and analyzed (and continue to review and analyze) the Debtors' financial data. In addition, the Debtors and the Committees have embarked on a cooperative process to obtain long-term, sustainable financing and develop a viable, consensual Chapter 11 reorganization strategy. To that end, the Debtors, with the agreement of the Unsecured Committee, solidified longer-term, post-petition financing with a reputable lender -- ASM Mosaic LLC. Since the Debtors have obtained court-approved financing, the Debtors, the Unsecured Committee, the Investor Committee, and ASM Mosaic have continuously conferred to negotiate the essential provisions of a chapter 11 plan. These negotiations have yielded tangible, identifiable progress toward a viable Chapter 11 plan and reorganization. Specifically, the Debtors have produced an exhaustive draft Chapter 11 plan, which the Debtors have distributed to the Committees for the Committees' collective review, revision, and comment. However, the Debtors contend that there are still two remaining unresolved contingencies that they need to address: First, the Debtors and the Committees are in the process of reviewing, revising, and editing the Chapter 11 plan and anticipate that a final draft for filing will be ready for submission to this Court by March 1, 2017; and Second, the Debtors are concomitantly undertaking a substantial review and overhaul of the proofs of claim that have been filed in each of the Chapter 11 cases for purposes of valuing, organizing, and preparing objections to, such claims. About Mosaic Management Group Mosaic Management Group, Inc., and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S. D. Fla. Lead Case No. 16-20833) on Aug. 4, 2016. The petitions were signed by Charles Thomas Ryals, president and chief executive officer. Judge Erik P. Kimball presides over the case. The Debtors were represented by Leslie Gern Cloyd, Esq., at Berger Singerman LLP. Mosaic Management Group, Inc. estimated assets at $0 to $50,000 and liabilities at $50,000 to $100,000. Mosaic Alternative Assets Ltd. estimated assets at $50 million to $100 million and liabilities at $1 million to $10 million. On Sept. 16, 2016, the TCR reported that the Debtors hired Tripp Scott, P.A. as legal counsel. The Debtors also employed Longevity Asset Advisors, LLC as consultant and sales agent; GlassRatner Advisory & Capital Group, LLC, as their financial advisors and accountants; and Erwin Legal PLC, as special counsel. Mosaic Management Group, Inc. proposes to hire Ricoh USA, Inc. as its electronic data consultant. Guy G. Gebhardt, Acting U.S. Trustee for Region 21, on Aug. 23, 2016, appointed creditors of Mosaic Alternative Settlements, Inc., to serve on the official committee of unsecured creditors. The MASI committee hired Furr and Cohen, P.A. as its legal counsel, and hire Genovese, Joblove & Battista, P.A., as special counsel. The Acting U.S. Trustee for Region 21 on Dec. 8, 2016, appointed creditors of Mosaic Alternative Assets, Ltd., to serve on the official committee of investor creditors. The Committee of Investor Creditors retains Bast Amron LLP as counsel. An official committee of unsecured creditors has not yet been appointed in the Chapter 11 cases of Mosaic Management Group Inc. and Paladin Settlements, Inc. as of Dec. 23, according to the case docket. MRI INTERVENTIONS: Terminates Effectiveness of 2016 S-1 Prospectus ------------------------------------------------------------------ MRI Interventions, Inc. filed with the Securities and Exchange Commission a registration statement on Form S-1, which was initially declared effective by the SEC on Jan. 29, 2016. The Registration Statement registered resales by the selling securityholders of 29,356,679 shares of common stock of the Company, consisting of 16,309,270 outstanding shares of common stock, 6,523,708 shares of common stock issuable upon the exercise of outstanding Series A Warrants, 4,892,781 shares of common stock issuable upon the exercise of outstanding Series B Warrants and 1,630,920 shares of common stock issuable upon the exercise of outstanding Placement Agent Warrants. The Company has no further obligation to maintain effectiveness of the Registration Statement. In accordance with an undertaking made by the Company in the Registration Statement to remove by means of a post-effective amendment any securities that remain unsold at the termination of the offering, the Post-Effective Amendment was filed to terminate the effectiveness of the Registration Statement and to remove from registration all securities registered but not sold under the Registration Statement. About MRI Interventions Based in Irvine, Calif., MRI Interventions, Inc., is a medical device company. The Company develops and commercializes platforms for performing minimally invasive surgical procedures in the brain and heart under direct, intra-procedural magnetic resonance imaging (MRI) guidance. It has two product platforms: ClearPoint system, which is used to perform minimally invasive surgical procedures in the brain and ClearTrace system, which is under development, to be used to perform minimally invasive surgical procedures in the heart. MRI Interventions reported a net loss of $8.44 million in 2015 following a net loss of $4.52 million in 2014. As of Sept. 30, 2016, MRI Interventions had $9.01 million in total assets, $8.43 million in total liabilities, and $574,585 in total stockholders' equity. Cherry Bekaert LLP, in Charlotte, North Carolina, issued a "going concern" qualification on the consolidated financial statements for the year ended Dec. 31, 2015, citing that the Company incurred net losses during the years ended Dec. 31, 2015, and 2014 of approximately $8.4 million and $4.5 million, respectively. Additionally, the stockholders' deficit at December 31, 2015 was approximately $2 million. These conditions raise substantial doubt about the Company's ability to continue as a going concern. MRN HOMES GEORGIA: Seeks Authorization to Use Cash Collateral ------------------------------------------------------------- MRN Homes of Georgia, LLC seeks authorization from the U.S. Bankruptcy Court for Northern District of Georgia to use cash collateral. The Debtor intends to use cash collateral only for items set forth in its proposed budget, which projects total expenses in the amount of $588,459. The Budget lists operating expenses, including, but not limited to, the insurance and property taxes. Merchant Cash and Capital, LLC a/k/a BizFi, LLC d/b/a BizFi asserts a first priority security interest in all future sales proceeds of the Debtor. As adequate protection, the Debtor proposes to provide Multibank with a replacement lien on all tangible and intangible personal property, including but not limited to, goods, fixtures, equipment, instruments and inventory wherever located belonging to Debtor, to the extent and validity of those liens that existed pre-petition. A full-text copy of the Debtor's Motion, dated January 17, 2017, is available at https://is.gd/2ouzvM About MRN Homes of Georgia MRN Homes of Georgia, LLC is a Georgia limited liability company that is primarily in the business of residential roofing. MRN Homes of Georgia, LLC filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 17-50831) on January 17, 2017. N & B MANAGEMENT: U.S. Trustee Unable to Appoint Committee ---------------------------------------------------------- The Office of the U.S. Trustee on Jan. 31, 2017, disclosed in a court filing that no official committee of unsecured creditors has been appointed in the Chapter 11 case of N & B Management Company, LLC. N & B Management Company, LLC, filed a Chapter 11 bankruptcy petition (Bankr. W.D. Pa. Case No. 16-24728) on December 23, 2016, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Francis E. Corbett, Esq. NATURAL MOLECULAR: Trustee Taps Favret Demarest as Special Counsel ------------------------------------------------------------------ The Chapter 11 trustee for Natural Molecular Testing Corp. seeks approval from the U.S. Bankruptcy Court for the Western District of Washington to hire special counsel. Mark Calvert, the court-appointed trustee, proposes to hire Favret, Demarest, Russo & Lutkewitte to collect a default judgment against certain defendants in the Louisiana area. Thomas Lutkewitte, Esq., the attorney designated to represent the trustee, will be paid an hourly rate of $200. Other attorneys and paralegals at the firm are paid $175 per hour. Favret Demarest is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Thomas J. Lutkewitte, Esq. Favret, Demarest, Russo & Lutkewitte 1515 Poydras St., Suite 1400 New Orleans, LA 70112 Phone: 504-561-1006 About Natural Molecular Natural Molecular Testing Corp., which provides molecular diagnostic-testing services, including testing for sexually transmitted diseases and screening and counseling about cystic fibrosis, filed a petition for Chapter 11 protection (Bankr. W.D. Wash. Case No. 13-19298) on Oct. 21, 2013, in Seattle. Hacker & Willig, Inc., P.S., serves as its bankruptcy counsel. The closely held company said assets are worth more than $100 million while debt is less than $50 million. Gail Brehm Geiger, Acting U.S. Trustee for Region 18, appointed a five-member committee of unsecured creditors. Foster Pepper's Jane Pearson, Esq.; Christopher M. Alston, Esq., and Terrance Keenan, Esq., serve as the committee's attorneys. On September 29, 2014, the court approved the appointment of Mark Calvert as Chapter 11 trustee. NATURESCAPE HOLDING: Ch. 11 Receiver Hires Rush Moore as Attorney ----------------------------------------------------------------- George Van Buren, the State Court Receiver of Naturescape Holding Group Int'l Inc., seeks authority from the U.S. Bankruptcy Court for the District of Hawaii to employ Rush Moore LLP as attorney to the Receiver. The Receiver requires Rush Moore to: (a) give the Receiver legal advice with respect to the Receiver's powers and duties as a "Custodian" within the meaning of 11 U.S.C. Section 101(11); (b) prepare and process the Receiver's Final Report and Accounting required by 11 U.S.C. § 543(b)(2); (c) prepare and process the Receiver's application for compensation for services rendered and costs and expenses incurred by the Receiver pursuant to 11 U.S.C. Section 543(c)(2); (d) aid the Receiver in dealing with the Trustee, Trustee's professionals and creditors and interested parties; (e) prepare, on behalf of the Receiver, any and all necessary applications, petitions, answers, orders, reports, and other legal papers; and (f) perform any and all other legal services for the Receiver that may be necessary in order to carry out his duties and powers as the Receiver and Custodian. Rush Moore will be paid at these hourly rates: Susan Tius $320 Stephen K.C. Mau $300 Rush Moore will also be reimbursed for reasonable out-of-pocket expenses incurred. Susan Tius and Stephen K.C. Mau, members of Rush Moore LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) are not creditors, equity security holders or insiders of the Debtor; (b) have not been, within two years before the date of the filing of the Debtor's chapter 11 petition, directors, officers or employees of the Debtor; and (c) do not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtor, or for any other reason. Rush Moore can be reached at: Susan Tius, Esq. Stephen K.C. Mau, Esq. RUSH MOORE LLP 737 Bishop Street, Suite 2400 Honolulu, Hawaii 96813-3862 Tel. No. 521-0406 Fax No. 521-0497 E-mail: stius@rmhawaii.com smau@rmhawaii.com About Naturescape Holding GemCap Lending I, LLC and two other creditors of Naturescape Holding Group International Inc. filed an involuntary Chapter 11 petition (Bankr. D. Ha. Case No. 16-00982) against the company on September 16, 2016. The two other creditors are Karen Fazzio and Mario Hooper. On the same day, four creditors filed an involuntary Chapter 11 petition (Bankr. D. Ha. Case No. 16-00984) against Mountain Thunder Coffee Plantation Int'l Inc., an affiliate of Naturescape. The creditors are Hagadone Hawaii Inc., Thomas Spruance, Joseph Hing, Sr. and Russell Komo. Both cases are assigned to Judge Robert J. Faris. The Naturescape creditors are represented by Alston Hunt Floyd & Ing. Case Lombardi & Pettit serves as legal counsel to the MTC creditors. On November 16, 2016, Elizabeth Kane was appointed as the Chapter 11 trustee for the Debtors. Upon the appointment of the trustee, the Debtors' exclusive right to file a bankruptcy plan was terminated. On December 20, 2016, GemCap Lending filed its joint Chapter 11 plan of reorganization for the Debtors. No official committee of unsecured creditors has been appointed in the Debtors' cases. NAUTILUS DEVELOPMENT: Has Until Feb. 28 to Use Cash Collateral -------------------------------------------------------------- Judge James J. Tancredi of the U.S. Bankruptcy Court for the District of Connecticut authorized Nautilus Development, Inc. to use cash collateral on an interim basis, from Feb. 1, 2017 through Feb. 28, 2017. The Debtor is authorized to use up to $55,805 for expenses and other items listed in the approved Budget. The Budget for February 2017 provided for total expenses in the amount of $55,064. Judge Tancredi acknowledged that it is essential to the Debtor's business and operations to use cash generated from its rental payments from its properties so as to continue to pay ordinary course business expenses. He further acknowledged that without court authority to use the cash collateral, the Debtor will suffer harm and be forced to terminate operations and abort any chance for successful reorganization. Dime Bank a/k/a Dime Savings Bank and RCN Capital, LLC claimed duly perfected non-avoidable security interests in the Debtor's property in Groton, North Stonington and Preston Connecticut, including cash collateral associated with the real properties. Dime Savings Bank and RCN Capital were granted replacement liens in all after-acquired property of the Debtor, of equal extent and priority to that which each secured creditor enjoyed with regard to the said property as of the Petition Date. The Debtor is directed to make monthly adequate protection payments in the amount of$1,500 to Dime Savings Bank and $250 to RCN Capital. The Debtor is further directed to provide the secured creditors with a monthly register report from all DIP accounts showing all disbursements made for the previous 30 days, on the 15th of each month, beginning September 15, 2016. A hearing on the continued use of cash collateral is scheduled on Feb. 16, 2017 at 2:00 p.m. A full-text copy of the Interim Order, dated Jan. 27, 2017, is available at http://bankrupt.com/misc/NautilusDevelopment2016_1620056_156.pdf About Nautilus Development Nautilus Development, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Conn. Case No. 16-20056) on Jan. 15, 2016. The petition was signed by John Syragakis, president. The case is assigned to Judge Ann M. Nevins. The Debtor is represented by Peter L. Ressler, Esq., at Groob Ressler & Mulqueen, P.C. The Debtor estimated assets and debt of $1 million to $10 million at the time of the filing. NEVADA GAMING: Seeks to Hire Reisman Sorokac as Special Counsel --------------------------------------------------------------- Nevada Gaming Partners LLC seeks approval from the U.S. Bankruptcy Court for the District of Nevada to hire Reisman Sorokac as its special counsel. Reisman Sorokac will represent the Debtor in a lawsuit it filed against S&S Fuels Management LLC in the Eight Judicial District Court, Clark County, Nevada. The firm will also represent the Debtor in a dispute with Bookmakers Company US, LLC. The firm will charge the Debtor these hourly rates for services related to the S&S suit: Joshua Reisman $285 Elizabeth Sorokac $265 Glenn Machado $250 Robert Warns III $215 Jacque Walton $215 Michael Kalish $215 Kelly Wood $125 For services related to the Bookmakers dispute, the firm will charge these hourly rates: Joshua Reisman $350 Elizabeth Sorokac $300 Glenn Machado $275 Robert Warns III $250 Jacque Walton $250 Michael Kalish $215 Kelly Wood $125 Reisman Sorokac does not hold or represent any interest adverse to the Debtor or its bankruptcy estate, according to court filings. The firm can be reached through: Joshua H. Reisman, Esq. Robert R. Warns III, Esq. Reisman Sorokac 8965 South Eastern Avenue, Suite 382 Las Vegas, NV 89123 Office: (702) 727-6258 Fax: (702) 446-6756 Email: jreisman@rsnvlaw.com Email: rwarns@rsnvlaw.com About Nevada Gaming Partners Headquartered in Las Vegas, Nevada, Nevada Gaming Partners, LLC, is a gaming company that focuses on slot route operations, casino operations and refurbishment of slot machines. The Debtor operated 429 slot machines throughout the State of Nevada via its Slot Routes as of the bankruptcy filing date. The Company does business as Nevada Gaming Partners Management II, LLC, Nevada Gaming Centers, Nevada Gaming Partners Management II, Sarah's Kitchen, Nevada Gaming Partners, Evolve Gaming Management and Klondike Sunset Casino. Nevada Gaming filed a Chapter 11 bankruptcy petition (Bankr. D. Nev. Case No. 16-15521) on Oct. 12, 2016. The petition was signed by Bruce Familian, manager. The Debtor estimated $1 million to $10 million in both assets and liabilities. Judge Laurel E. Davis presides over the case. The Debtor is represented by Brett A. Axelrod, Esq., and Micaela Rustia Moore, Esq., at Fox Rothschild LLP. Henry & Horne, LLP serves as the Debtor's financial advisor. On January 12, 2017, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. NEXT COMMUNICATION: Hires AM Law LLC as Attorneys ------------------------------------------------- Next Communications, Inc., seeks authorization from the U.S. Bankruptcy Court for the Southern District of Florida to employ the law firm of AM Law, LLC as attorneys. The Debtor requires AM Law to: a. give advice to the Debtor with respect to its powers and duties as debtor in possession; b. advise the Debtor with respect to its responsibilities in complying with the U.S. Trustee's Operating Guidelines and Reporting Requirements and with the rules of the court; c. prepare motions, pleadings orders, applications, adversary proceeding, and other legal documents necessary in the administration of the case; d. protect the interests of the debtor in all matters pending before the court; and e. represent the debtor in negotiation with its creditors in the preparation of a plan of reorganization. AM Law has been paid or waives all fees and costs from the Debtor or any related party as of the Petition Date. The Debtor is requesting that the Court approve the funding of post-petition retainer payable $15,000 on January 1st (not funded as of date hereof) and $15,000 on January 31 from the Funds received from Next Group Holdings, Inc. Gary M. Murphree, Esq., partner of the law firm AM Law LLC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Deloitte & Touche LLP may be reached at: Gary M. Murphree, Esq. Brandy Gonzalez-Abreu, Esq. AM Law, LLC 7385 S.W. 87 Avenue, Suite 100 Miami, FL 33173 Tel: 305-441-9530 Fax: 305-595-5086 About Next Communications Next Communications, Inc. filed a Chapter 11 bankruptcy petition (Bankr. S.D.FL. Case No. 16-10411) on December 21, 2016. The Hon. Robert a. Mark presides over the case. AM Law, LLC represents the Debtor as counsel. In its petition, the Debtor estimated $1 million to $10 million in assets and $10 million to $50 million in liabilities. The petition was signed by Arik Maimon, CEO. NORTEL NETWORKS: Says SNMP Research's IP Claim Unsupportable ------------------------------------------------------------ Jeff Montgomery, writing for Bankruptcy Law360, reports that Nortel Networks' bankruptcy estate has described, in a memo filed with the U.S. Bankruptcy Court for the District of Delaware, SNMP Research International Inc. and SNMP Research Inc.'s bid to change an $8.4 million claim into $81.1 million as unsupportable and years too late. Law360 relates that the SNMP Research parties had asked the Court to add never previously asserted intellectual property claims involving SNMP Research Inc. to already-asserted royalty claims by "International." About Nortel Networks Headquartered in Ontario, Canada, Nortel Networks Corporation and its various affiliated entities provided next-generation technologies, for both service provider and enterprise networks, support multimedia and business-critical applications. Nortel did Networks Limited was the principal direct operating subsidiary of Nortel Networks Corporation. On Jan. 14, 2009, Nortel Networks Inc.'s ultimate corporate parent Nortel Networks Corporation, NNI's direct corporate parent Nortel Networks Limited and certain of their Canadian affiliates commenced a proceeding with the Ontario Superior Court of Justice under the Companies' Creditors Arrangement Act (Canada) seeking relief from their creditors. Ernst & Young was appointed to serve as monitor and foreign representative of the Canadian Nortel Group. That same day, the Monitor sought recognition of the CCAA Proceedings in U.S. Bankruptcy Court (Bankr. D. Del. Case No. 09-10164) under Chapter 15 of the U.S. Bankruptcy Code. That same day, NNI and certain of its affiliated U.S. entities filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 09-10138). In addition, the High Court of England and Wales placed 19 of NNI's European affiliates into administration under the control of individuals from Ernst & Young LLP. Other Nortel affiliates have commenced and in the future may commence additional creditor protection, insolvency and dissolution proceedings around the world. On May 28, 2009, at the request of administrators, the Commercial Court of Versailles, France, ordered the commencement of secondary proceedings in respect of Nortel Networks S.A. On June 8, 2009, Nortel Networks UK Limited filed petitions in U.S. Bankruptcy Court for recognition of the English Proceedings as foreign main proceedings under Chapter 15. U.S. Bankruptcy Judge Kevin Gross presides over the Chapter 11 and 15 cases. Mary Caloway, Esq., and Peter James Duhig, Esq., at Buchanan Ingersoll & Rooney PC, in Wilmington, Delaware, serves as Chapter 15 petitioner's counsel. In the Chapter 11 case, James L. Bromley, Esq., and Howard S. Zelbo, Esq., at Cleary Gottlieb Steen & Hamilton, LLP, in New York, serve as the U.S. Debtors' general bankruptcy counsel; Derek C. Abbott, Esq., at Morris Nichols Arsht & Tunnell LLP, in Wilmington, serves as Delaware counsel. The Chapter 11 Debtors' other professionals are Lazard Freres & Co. LLC as financial advisors; and Epiq Bankruptcy Solutions LLC as claims and notice agent. The U.S. Trustee appointed an Official Committee of Unsecured Creditors in respect of the U.S. Debtors. An ad hoc group of bondholders also was organized. An Official Committee of Retired Employees and the Official Committee of Long-Term Disability Participants tapped Alvarez & Marsal Healthcare Industry Group as financial advisor. The Retiree Committee is represented by McCarter & English LLP as Delaware counsel, and Togut Segal & Segal serves as the Retiree Committee. The Committee retained Alvarez & Marsal Healthcare Industry Group as financial advisor, and Kurtzman Carson Consultants LLC as its communications agent. Several entities, particularly, Nortel Government Solutions Incorporated and Nortel Networks (CALA) Inc., have material operations and are not part of the bankruptcy proceedings. As of Sept. 30, 2008, Nortel Networks Corp. reported consolidated assets of $11.6 billion and consolidated liabilities of $11.8 billion. The Nortel Companies' U.S. businesses are primarily conducted through Nortel Networks Inc., which is the parent of majority of the U.S. Nortel Companies. As of Sept. 30, 2008, NNI had assets of about $9 billion and liabilities of $3.2 billion, which do not include NNI's guarantee of some or all of the Nortel Companies' about $4.2 billion of unsecured public debt. Since the commencement of the various insolvency proceedings, Nortel has sold its business units and other assets to various purchasers. Nortel has collected roughly $9 billion for distribution to creditors. Of the total, $4.5 billion came from the sale of Nortel's patent portfolio to Rockstar Bidco, a consortium consisting of Apple Inc., EMC Corporation, Telefonaktiebolaget LM Ericsson, Microsoft Corp., Research In Motion Limited, and Sony Corporation. The consortium defeated a $900 million stalking horse bid by Google Inc. at an auction. The deal closed in July 2011. Nortel has filed a proposed plan of liquidation in the U.S. Bankruptcy Court. The Plan generally provides for full payment on secured claims with other distributions going in accordance with the priorities in bankruptcy law. The trial on how to divide proceeds among creditors in the U.S., Canada, and Europe commenced on Sept. 22, 2014. The question of how to divide $7.3 billion raised in the international bankruptcy of Nortel Networks Corp. was answered on May 12, 2015, by two judges, one in the U.S. and one in Canada. Justice Frank Newbould of the Ontario Superior Court of Justice in Toronto and Judge Kevin Gross of the U.S. Bankruptcy Court in Wilmington, Delaware, agreed on the outcome: a modified pro rata split of the money. On Jan. 24, 2017, both the Canadian and Delaware courts confirmed the Debtors' liquidation plan. NORTH CENTRAL FLORIDA YMCA: Can Use Cash Collateral Until Feb. 2 ---------------------------------------------------------------- Judge Karen K. Specie of the United States Bankruptcy Court Northern District of Florida authorized The North Central Florida YMCA, Inc. to use cash collateral on an interim basis until February 2, 2017. The Debtor was authorized to use cash collateral to pay amounts expressly authorized by the Court, including payments to the U.S. Trustee for quarterly fees, the current and necessary expenses, which are limited to wages for employees, utilities and insurance, and such additional amounts as may be expressly approved in writing by Wells Fargo Bank, N.A. Wells Fargo was granted perfected post-petition lien against cash collateral to the same extent and with the same validity and priority as the prepetition lien. The Debtor proposes to grant Wells Fargo with access to the its business records and premises for inspection. The Debtor also proposes to maintain insurance coverage for its property in accordance with the obligations under the loan and security documents with Wells Fargo. A full-text copy of the Second Interim Order, dated January 26, 2017, is available at https://is.gd/x9TrcU About The North Central Florida YMCA The North Central Florida YMCA, Inc., based in Gainesville, FL, filed a Chapter 11 petition (Bankr. N.D. Fla. Case No. 16-10293) on Dec. 14, 2016. The petition was signed by Michele F. Martin, vice-chair. The Debtor is represented by Michele Martin, Esq., at Pastore & Dailey, LLC. The case is assigned to Judge Karen K. Specie. The Debtor disclosed $3.49 million in assets and $4.30 million in liabilities. NORTHEAST ENERGY: Hires Michael Henny as Counsel ------------------------------------------------ Northeast Energy Management, Inc., seeks authority from the U.S. Bankruptcy Court for the Western District of Pennsylvania to employ the Law Office of Michael J. Henny as counsel to the Debtor. Northeast Energy requires Henny to represent the Debtor in the Chapter 11 bankruptcy proceeding and provide legal advice as to the administration of the estate of the Debtor-In-Possession. Henny will be paid at the hourly rate of $300. Henny will be paid a retainer in the amount of %5,000, plus filing fee of $1,717. Henny will also be reimbursed for reasonable out-of-pocket expenses incurred. Michael J. Henny, member of the Law Office of Michael J. Henny, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Henny can be reached at: Michael J. Henny, Esq. LAW OFFICE OF MICHAEL J. HENNY Suite 2828 Gulf Tower, 707 Grant Street Pitsburgh, PA 15219 Tel: (412) 261-2640 About Northeast Energy Management, Inc. Northeast Energy Management, Inc., based in Indiana, PA, filed a Chapter 11 petition (Bankr. W.D. Pa. Case No. 17-70032) on January 16, 2017. The Hon. Jeffery A. Deller presides over the case. Michael J. Henny, Esq., at the Law Office of Michael J. Henny, to serve as bankruptcy counsel. In its petition, the Debtor estimated $1 million to $10 million in both assets and liabilities. The petition was signed by Paul G. Ruddy, secretary. NORTHERN MEADOWS: Plan Filing Period Extended Through April 21 -------------------------------------------------------------- Judge Timothy W. Dore of the U.S. Bankruptcy Court for the Western District of Washington extended the period of time during which only Northern Meadows Development Co LLC may file a plan of reorganization, to April 21, 2017, as well as the time during which the Debtor's plan may be accepted, to June 21, 2017. The Troubled Company Reporter had earlier reported that the Debtor requested a 90-day exclusivity extension from its January 23, 2017 plan filing deadline. The Debtor contended that the Court had scheduled an evidentiary hearing on its motion for continued authority to use cash collateral for January 25, 2017, wherein one of the proposed uses of cash collateral is to pay administrative expenses of the bankruptcy case. The Debtor contended that without a source of payment of administrative expenses, it will be difficult for the debtor to formulate and support a plan of reorganization. The Debtor also said that it needs additional time to obtain the financing necessary to develop its properties to enhance their value and provide a source of payment for junior secured creditors and unsecured creditors, otherwise, potential financers will likely be reluctant to engage in serious negotiations with the Debtor. About Northern Meadows Development Co., LLC Northern Meadows Development Co., LLC, sought Chapter 11 protection (Bankr. W.D. Wash. Case No. 16-13393) on June 27, 2016. The petition was signed by Stephen Brisbane, manager. Judge Timothy W. Dore is assigned to the case. The Debtor's counsel is Donald A Bailey, Esq., Donald A. Bailey Attorney At Law. At the time of filing, the Debtor disclosed assets of $5.49 million and debt of $6.21 million. OLIVE BRANCH: Allowed to Use Cash Collateral Through March 31 ------------------------------------------------------------- Judge J. Michael Deasy of the U.S. Bankruptcy Court for the District of New Hampshire authorized Olive Branch Real Estate Development LLC to use and expend cash collateral through March 31, 2017. Judge Deasy acknowledged that an immediate and ongoing need exists for the Debtor to use cash collateral to continue the operation of its business, to minimize the disruption of the Debtor as a going concern, and to reassure the Debtor's creditors of the Debtor's continued viability. Judge Deasy further acknowledged that the Debtor will suffer irreparable harm if not permitted to use cash collateral. The Debtor was authorized to pay the costs and expenses incurred by the Debtor in the ordinary course of business in accordance with the cash collateral Budget, which projects total cash flow of $3,300 per month for the period covering February 1, 2017 through March 31, 2017. The Debtor was further authorized to pay quarterly fees owed to the Office of the U.S. Trustee, which fees will be added to the Debtor's budget. Secured Co-Lenders, Louis A. Porrazzo and James Bascom were granted security interest in all of the Debtor's post-petition assets of the same kinds, nature and type as the cash collateral related to 832 Route 3, Holderness, NH in which they held valid and enforceable, perfected security interests prior to the Petition Date. Mr Porrazzo and Mr. Bascom's security interest extends to post petition rents of 832 Route 3, Holderness, NH. Such replacement lien, however, does not include the real estate or rental proceeds from the property located at 6 Gould Terrace, Plymouth, NH. The Debtor was directed to pay Mr. Porrazzo and Mr. Bascom its monthly mortgage payment of $1,450 payments, which will be the normal mortgage payments and loan payments going forward. The Debtor was also directed to file and serve a Motion for further use of cash collateral by March 15, 2017. A further hearing on the Debtor's use cash collateral is scheduled on March 29, 2017 at 1:30 p.m. The deadline for the filing of objections to the Debtor's further use of cash collateral is set on March 22, 2017. A full-text copy of the Order, dated January 26, 2017, is available at https://is.gd/d40rL4 About Olive Branch Real Estate Development Olive Branch Real Estate Development, LLC, is a real estate development company with a principal address of 832 Route 3, Unit #1, Holderness, New Hampshire. It is owned and operated by Gerard M. Healey. The business has been in operation since 2011. Olive Branch filed a Chapter 11 petition (Bankr. D.N.H. Case No. 16-11444) on Oct. 13, 2016. The petition was signed by Gerard M. Healey, managing member. The Debtor is represented by S. William Dahar II, Esq., at Victor W. Dahar, P.A. At the time of filing, the Debtor estimated assets at $0 to $50,000 in estimated assets and liabilities at $100,000 to $500,000. OPTIMA SPECIALTY: Committee Taps Squire Patton as Legal Counsel --------------------------------------------------------------- The official committee of unsecured creditors of Optima Specialty Steel, Inc. seeks approval from the U.S. Bankruptcy Court in Delaware to hire Squire Patton Boggs (US) LLP as its legal counsel. The firm will provide legal services to the committee in connection with the Chapter 11 cases of Optima Specialty and its affiliates. The services include advising the committee regarding its duties under the Bankruptcy Code, analyzing the Debtor's financing transactions, assisting the committee in negotiating favorable terms for unsecured creditors, and providing legal advice regarding any Chapter 11 plan filed in the Debtors' cases. The attorneys expected to represent the committee and their hourly rates are: Stephen Lerner $1070 Norman Kinel $965 Nava Hazan $830 Travis McRoberts $760 Elliot Smith $600 Kate Thomas $290 Stephen Lerner, Esq., disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. In accordance with Appendix B-Guidelines for reviewing fee applications filed by attorneys in larger Chapter 11 cases, Mr. Lerner disclosed that his firm has not agreed to any variations from, or alternatives to, its standard or customary billing arrangements for the engagement. Mr. Lerner also said that the firm's budget and staffing plan has not yet been approved by the committee since it is still being formulated. The firm can be reached through: Stephen D. Lerner, Esq. Norman N. Kinel, Esq. Nava Hazan, Esq. Elliot M. Smith, Esq. Squire Patton Boggs (US) LLP 30 Rockefeller Plaza, 23rd Floor New York, NY 10112 Tel: (212) 872-9800 Fax: (212) 872-9815 Email: stephen.lerner@squirepb.com Email: norman.kinel@squirepb.com Email: nava.hazan@squirepb.com Email: elliot.smith@squirepb.com About Optima Specialty Steel Optima Specialty Steel, Inc. and its affiliates filed separate Chapter 11 bankruptcy petitions on Dec. 15, 2016: Optima Specialty Steel, Inc. (Bankr. D. Del. 16-12789); Niagara LaSalle Corporation (Bankr. D. Del. 16-12790); The Corey Steel Company (Bankr. D. Del. 16-12791); KES Acquisition Company (Bankr. D. Del. 16-12792); and Michigan Seamless Tube LLC (Bankr. D. Del. 16-12793). The petitions were signed by Mordechai Korf, chief executive officer. At the time of filing, the Debtor had assets and liabilities estimated at $100 million to $500 million each. Optima Specialty Steel and its affiliates are independent manufacturers of specialty steel products. Their manufacturing facilities are located in the United States, and each of the companies' operating units have operated in the steel industry for more than 50 years. At the time of the bankruptcy filing, the Debtors collectively employ more than 900 people. The Debtors engaged Greenberg Traurig, LLP, Wilmington, DE, as counsel. The Debtors tapped Ernst & Young LLP as their accountant. No request has been made for the appointment of a trustee or examiner. The U.S. Trustee for Region 3 appointed seven creditors to serve on the Official Committee of Unsecured Creditors: Michael Scharf, ArceloMittal International America LLC, Steel Dynamic Sales North America, Inc., Republic Steel, ASW Steel Inc., Gerdau, and United Steelworkers. OPTIMA SPECIALTY: Committee Taps Whiteford as Delaware Counsel -------------------------------------------------------------- The official committee of unsecured creditors of Optima Specialty Steel, Inc. seeks approval from the U.S. Bankruptcy Court in Delaware to hire Whiteford, Taylor & Preston LLC as its Delaware counsel. The services to be provided by the firm include: (a) providing legal advice regarding local rules, practices, and procedures; (b) drafting, reviewing and commenting on drafts of documents to ensure compliance with local rules, practices, and procedures; (c) drafting, filing and service of documents as requested by the committee's proposed legal counsel Squire Patton Boggs (US) LLP; (d) preparing certificates of no objection, certifications of counsel, and notices of fee applications; (e) printing of documents and pleadings for hearings; (f) appearing in court and at any meetings of creditors in its capacity as Delaware counsel; (g) monitoring the docket for filings and coordinating with Squire on pending matters that may need responses; (h) participating in calls with the committee; and (i) providing additional administrative support to Squire, as requested. The hourly rates charged by the firm for professionals expected to represent the committee are: Christopher Samis Partner $550 L. Katherine Good Partner $525 Chantelle D. McClamb Associate $340 Christopher L. Lano Paralegal $255 Christopher Samis, Esq., disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. In accordance with Appendix B-Guidelines for reviewing fee applications filed by attorneys in larger Chapter 11 cases, Mr. Samis disclosed that his firm has not agreed to any variations from, or alternatives to, its standard or customary billing arrangements for the engagement. Mr. Samis also disclosed that his firm has not yet submitted a prospective budget and staffing plan to the committee but it intends to do so in the near term. The firm can be reached through: Christopher M. Samis, Esq. L. Katherine Good, Esq. Chantelle D. McClamb, Esq. Whiteford, Taylor & Preston LLC The Renaissance Centre, Suite 500 405 North King Street Wilmington, DE 19801-3700 Tel: (302) 353-4144 Fax: (302) 661-7950 Email: csamis@wtplaw.com Email: kgood@wtplaw.com Email: cmcclamb@wtplaw.com About Optima Specialty Steel Optima Specialty Steel, Inc. and its affiliates filed separate Chapter 11 bankruptcy petitions on Dec. 15, 2016: Optima Specialty Steel, Inc. (Bankr. D. Del. 16-12789); Niagara LaSalle Corporation (Bankr. D. Del. 16-12790); The Corey Steel Company (Bankr. D. Del. 16-12791); KES Acquisition Company (Bankr. D. Del. 16-12792); and Michigan Seamless Tube LLC (Bankr. D. Del. 16-12793). The petitions were signed by Mordechai Korf, chief executive officer. At the time of filing, the Debtor had assets and liabilities estimated at $100 million to $500 million each. Optima Specialty Steel and its affiliates are independent manufacturers of specialty steel products. Their manufacturing facilities are located in the United States, and each of the companies' operating units have operated in the steel industry for more than 50 years. At the time of the bankruptcy filing, the Debtors collectively employ more than 900 people. The Debtors engaged Greenberg Traurig, LLP, Wilmington, DE, as counsel. The Debtors tapped Ernst & Young LLP as their accountant. No request has been made for the appointment of a trustee or examiner. The U.S. Trustee for Region 3 appointed seven creditors to serve on the Official Committee of Unsecured Creditors: Michael Scharf, ArceloMittal International America LLC, Steel Dynamic Sales North America, Inc., Republic Steel, ASW Steel Inc., Gerdau, and United Steelworkers. OSBORN RESTAURANT: Capital Fund Asks Court to Prohibit Cash Use --------------------------------------------------------------- Capital Fund I, LLC and Capital Fund II, LLC, collectively known as Capital Fund, give notice to the U.S. Bankruptcy Court for the District of Arizona of their non-consent to Osborn Restaurant Holdings, LLC's use of cash collateral. Capital Fund wants the Court to condition, restrict or prohibit the Debtor's use of Capital Fund's collateral, as well as direct the Debtor to place all moneys in a restricted account. Capital Fund contends that the Debtor borrowed $1,300,000 from it. Capital Fund further contends that the Debtor's member, Ronald Pacioni, executed and delivered to it a Promissory Note reflecting the agreement to pay back the loan. Capital Fund adds that the Debtor granted Capital Fund I a Deed of Trust which was recorded in the Official Records of Maricopa County. The Deed of Trust encumbers real property located at 1655 and 1725 E. Osborn Road, Phoenix, Arizona. Capital Fund says that the Note and Deed of Trust were endorsed and assigned to Capital Fund II, which was recorded in the Official Records of Maricopa County, Arizona. Capital Fund further says that as additional security for the Note, the Debtors agreed to an Assignment of Rents. Capital Fund relates that the Debtor has failed to pay its monthly mortgage payments since August 1, 2016, and that as of Jan. 10, 2017, the total amount due to bring the loan current was $227,424. Capital Fund tells the Court that the Debtor owns and operates an income-producing restaurant known as Coup Des Tartes. Capital Fund believes there is income from collection of prepetition accounts receivable, prepetition rents, funds in its accounts, and any and all other income and monies in its possession or to which it is entitled or may be entitled, and which is the cash collateral of Capital Fund. Capital Fund further tells the Court that it was granted perfected liens and security interests over the Debtor's real property and all present and future leases, rents, prepetition accounts receivable, funds in all accounts and any and all other income and moneys in the Debtor's possession. Capital Fund asserts that it has not consented, nor does it consent, to the Debtor's use of cash collateral. Capital Fund further asserts that the Debtor has not attempted to contact or make any arrangement with Capital Fund to account for the cash collateral or to sufficiently segregate the cash collateral which is the property of Capital Fund. A full-text copy of Capital Fund I, LLC and Capital Fund II, LLC's Notice, dated January 25, 2017, is available at http://bankrupt.com/misc/OsbornRestaurant2017_217bk00612epb_10.pdf About Osborn Restaurant Holdings, LLC. Osborn Restaurant Holdings, LLC, a single asset real estate business based in Phoenix, Arizona, filed a chapter 11 petition (Bankr. D. Ariz. Case No. 17-00612) on January 23, 2017. The petition was signed by Ronald Pacioni, member/manager. The Debtor is represented by James F. Kahn, Esq., at James F. Kahn, P.C. The case is assigned to Judge Edward P. Ballinger, Jr. The Debtor estimated assets and liabilities at $1 million to $10 million at the time of the filing. OTS CAPITAL: Hires Armstrong Nix as Special Counsel --------------------------------------------------- OTS Capital Partners, LLC, seeks authority from the U.S. Bankruptcy Court for the Northern District of Georgia to employ Armstrong Nix, P.C. as special counsel to the Debtor. OTS Capital requires Armstrong Nix to represent the Debtor in defense of a lawsuit pending in the Superior Court of Henry County, Georgia, case number 13-CV-2093-BA, and styled David Hughes and Hughes Company, Inc. v. OTS Capital Partners, LLC; On the Square Guns, LLC; On the Square Jewelers, LLC; Dan C. Fort, individually; George A. Mazzant III, individually and John Doe, individually. The litigation is an action for conspiracy to defraud creditors and generally alleges that the Debtor and the other defendants in the litigation conspired to prevent creditors from reaching the assets of George A. Mazzant, III. Armstrong Nix represented the Debtor, pre-petition, and it has never had an engagement letter with the Debtor. Armstrong Nix will not be paid for its post-petition services, but will look solely to the Debtor's co-defendants for payment. Rosemary Armstrong, member of Armstrong Nix, P.C., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Armstrong Nix can be reached at: Rosemary Armstrong, Esq. ARMSTRONG NIX, P.C. 2 Ravinia Drive, Suite 500 Atlanta, GA 30346 About OTS Capital Partners, LLC OTS Capital Partners, LLC, based in 616 Elliott Rd., McDonough, Georgia, filed a Chapter 11 petition (Bankr. N.D. Ga. Case No. 16-70357) on Nov. 11, 2016. The petition was signed by Dan C. Fort, authorized representative. The Debtor is represented by William A. Rountree, Esq., Macey, Wilensky & Hennings, LLC. At the time of filing, the Debtor estimated $1 million to $10 million in both assets and liabilities. The Debtor hires Armstrong Nix, P.C. as special counsel. OTS CAPITAL: Seeks to Hire CBC Metro as Broker ---------------------------------------------- OTS Capital Partners, LLC, seeks authority from the U.S. Bankruptcy Court for the Northern District of Georgia to employ CBC Metro Brokers as selling broker to the Debtor. OTS Capital requires CBC Metro to market and sell the Debtor's real property located at 1477 Highway 20, McDonough, GA 30253. CBC Metro will be paid a 10% commission of the selling price. Greg Nobles, member of CBC Metro Brokers, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates, with the exception to the prepetition claim against the Debtor in the amount of $83,400, which is waived. CBC Metro can be reached at: Greg Nobles CBC METRO BROKERS Piedmont Center, Bldg. 15, Suite 950 Atlanta, GA 30305 Tel: (770) 474-2733 About OTS Capital Partners, LLC OTS Capital Partners, LLC, based in 616 Elliott Rd., McDonough, Georgia, filed a Chapter 11 petition (Bankr. N.D. Ga. Case No. 16-70357) on Nov. 11, 2016. The petition was signed by Dan C. Fort, authorized representative. The Debtor is represented by William A. Rountree, Esq., Macey, Wilensky & Hennings, LLC. At the time of filing, the Debtor estimated $1 million to $10 million in both assets and liabilities. The Debtor hires Armstrong Nix, P.C. as special counsel. PANCH TIRTH: Hires Richard D. Scott as Bankruptcy Counsel --------------------------------------------------------- Panch Tirth LLC seeks authorization from the U.S. Bankruptcy Court for the Western District of Virginia to employ the Law Office of Richard D. Scott as counsel for the Debtor. The Debtor requires Scott to: a. advise the Debtor with respect to its powers and duties as a debtor-in- possession in the continued management and operation of its business and properties; b. advise and consult on the conduct of the Bankruptcy Case, including all of the legal and administrative requirements of operating in Chapter 11; c. attend meetings and negotiate with representatives of the Debtor's creditors and other parties in interest; d. take all necessary actions to protect and preserve the estate of the Debtor, including the prosecution of actions on the Debtor's behalf, the defense of any actions commenced against the Debtor, the negotiation of disputes in which the Debtor is involved and the preparation of objections to claims filed against the Debtor's estate; e. prepare on behalf of the Debtor, as Debtor-in-Possession, all necessary motions, applications, answers, orders, reports, and other papers in connection with the administration of the Debtor's estate; f. represent the Debtor in connection with obtaining post-petition financing, if necessary, and other financing matters; g. negotiate and prepare on behalf of the Debtor and plan of reorganization or liquidation, as appropriate, and all related documents; h. appear before the Court to represent the interests of the Debtor's estate before the Court; and i. perform other necessary legal services in connection with the prosecution of this Chapter 11 case, including (i) analyzing the Debtor's leases and contracts and the assumptions, rejections, or assignments thereof, (ii) analyzing the validity of liens against the Debtor; and (iii) advising the Debtor on corporate and litigation matters, as necessary and appropriate. Scott intends to apply for compensation for professional services rendered on an hourly basis and reimbursement of expenses incurred in connection with the Debtor's bankruptcy case every 60 days. Prior to the filing of the Petition, on January 5, 2017, the Debtor provided $1,717 which was used to pay the filing fee. In addition, the Debtor paid $900 for pre-petition legal fees rendered to the Debtor on January 4 and 5, 2017. On January 4, 2017, the Debtor retained Scott to advise it as to alternatives for reorganizing of its business, not only for its benefit, but also for the benefit of its creditors and other parties in interest. Prior to the Petition Date, Scott agreed to accept a fee deposit from the Debtor, through its principal Ilesh Padalia, in the amount of $10,000. Richard D. Scott, Esq., Law Office of Richard D. Scott, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Scott may be reached at: Richard D. Scott, Esq. Law Office of Richard D. Scott 302 Washington Avenue, SW Roanoke, VA 24016 Tel: (540)400-7997 Fax: (540)491-9465 About Panch Tirth LLC Panch Tirth LLC, a single asset real estate business based in Bristol, Virginia, filed a chapter 11 petition (Bankr. W.D. Va. Case No. 17-70025) on Jan. 6, 2017. The petition was signed by Ileshkumar Padalia, managing member. The case is assigned to Judge Paul M. Black. The Debtor estimated assets and liabilities at $1 million to $10 million. The Debtor is represented by Richard Daniel Scott, Esq., at the Law Office of Richard D. Scott. PATSCO L.P.: Lynches Buying Munhall Property for $195K ------------------------------------------------------ PATSCO, L.P., doing business as PATSCO, Ltd., asks the U.S. Bankruptcy Court for the Western District of Pennsylvania to authorize the Standard Agreement for the Sale of Real Estate with Terrence P. Lynch and Donna J. Lynch in connection with the sale of its interest in real estate identified as lot and block number 2003 West Run Road, Borough of Munhall, Allegheny County, Pennsylvania, for $195,000, subject to higher and better offers. A hearing on the Motion is set for March 7, 2017 at 1:30 p.m. Objection deadline is Feb. 21, 2017. Among the assets of the estate is the Debtor's interest in the property. The Debtor has signed the Agreement with the Buyers. The salient terms of the Agreement are: a. Seller: PATSCO, L.P. b. Purchasers: Terrence P. Lynch and Donna J. Lynch c. Purchased Property: 2003 West Run Road, Borough of Munhall, Allegheny County, Pennsylvania, 15120. d. Purchase Price: $195,000 e. Deposit: $5,000 A copy of the Agreement attached to the Motion is available for free at: http://bankrupt.com/misc/PATSCO_LP_106_Sales.pdf The sale is an "as is" sale, and must be a judicial sale, free and clear of all liens and encumbrances, and claims against the Debtor. In order to convey good title, it will be necessary that all these interests, claims, and encumbrances be divested as liens against the real property and shifted to the funds to be realized from the sale. The Debtor reserves the right to challenge the validity of any lien or claim at the time of distribution if there are proceeds of sale. The sale is to a "bona fide" purchaser in accordance with the holding of In re: Abbots Dairies of Pennsylvania, Inc., 788 F.2d 143 C.A.3 (Pa) 1986. The Debtor has employed Maria Gillot Werner and Coldwell Banker Real Estate Services as the real estate agent for the sale of the property, and that employment has been approved by the Court. The Court will accept higher and better offers at the time of sale. Any successful bidder will post a deposit of $5,000 in certified funds, be prepared to close in 30 days and will have to make a higher or better offer than the terms of the pending agreement. The lien creditors are: a. Delinquent and current taxes owing to Allegheny County; b. Delinquent and current taxes to the Borough of Munhall; and c. Delinquent and current taxes owing to the Steel Valley School District. The Pennsylvania Department of Revenue is also listed as a Respondent because the sale is brought pursuant to a confirmed Chapter 11 plan and therefore is not subject to transfer taxes pursuant to 11 U.S.C. Section 1146(a). The Debtor respectfully asks the Court to enter an Order authorizing the settlement and transfer of the real estate in order to enable to help Debtor fund her Plan or otherwise approving the settlement and transfer in accordance with the complaint and agreement. The Debtor asks that the Court authorize the settlement officer to pay the following: a. All normal and ordinary settlement charges; b. Any unpaid real estate taxes on the property; c. The Real Estate Commission to Maria Gillot Werner and Coldwell Banker Real Estate Services in the amount of $13,175, subject to any share to be paid to the Purchasers' agent; and d. For the Debtor's attorney, Francis E. Corbett, the amount of $1,250 is approved by the Court for legal fees and any additional amounts as reimbursement for advertising expenses related to the sale. The net proceeds are to be held in escrow by the attorney for the Debtor, pending further Order of Court. The Debtor asks that the Court approves the agreement for the sale of the property to the Purchasers for $195,000 or to any higher bidder. The Purchasers can be reached at: Terrence P. Lynch and Donna J. Lynch 331 Fort Cherry Road McDonald, PA 15057 Counsel for the Debtor: Francis E. Corbett, Esq. 1420 Grant Building 310 Grant Street Pittsburgh, PA 15219-2230 Telephone: (412) 456-1882 E-mail: fcorbett@fcorbettlaw.com PATSCO, L.P. filed a Chapter 11 petition (Bankr. W.D. Penn. Case No. 15-24405) on Dec. 2, 2015. The Debtor owns properties located at Streets Run Road, West Mifflin, and West Run Road, HomesteadThe Debtor is represented by Francis E. Corbett, Esq. -- fcorbett@fcorbettlaw.com -- in Pittsburg, Pennsylvania. PBA EXECUTIVE: Court Allows Use of Swift Financial Cash ------------------------------------------------------- Judge Erik P. Kimball of the U.S. Bankruptcy Court for the Southern District of Florida authorized PBA Executive Suites, LLC to use cash collateral. The approved Budget provided for total expenses in the amount of $167,954 for each of the months of January, February, April and May, and $169,656 for March. The Debtor has been in arrears since Dec. 19, 2016. Judge Kimball directed the Debtor to cure any arrearages to Swift Financial Corporation d/b/a Swift Capital, and continue to make timely regular payments pursuant to the terms and amounts of its pre-existing Agreement with Swift Financial, beginning on January 30, 2017. Judge Kimball held that the Debtor's cure of arrearage must be paid in a lump sum or in installments in addition to regular payments, with final payment of all outstanding arrearage to be paid on or before March 3, 2017. Swift Financial has a valid first priority lien on all present and future accounts, chattel paper, deposit accounts, personal property, assets and fixtures, general intangibles, instruments, equipment and inventory enforceable against the collateral, whether or not on the Debtor's executive suites located at 1375 Gateway Blvd., Boynton Beach, Florida and State Road 7, Boca Raton, Florida, but subject to any recorded mortgage and assignment of rents provision recorded against real property located at 1535 South Memorial Dr., Tulsa, Oklahoma. Subject to the successful assertion by Republic Western Investments Co., LLC of a valid priority lien superior to that of Swift Financial, Republic Western will have 45 days from the date of the Court's Order to investigate and file with the Court an objection challenging the validity, extent, amount, perfection, priority, or enforceability of Swift Financial's prepetition liens and claims. Judge Kimball held that in the event Republic Western raises such objection and is deemed by the Court to hold a valid first priority lien over the cash collateral, any monies paid by the Debtor to Swift Financial through the date of such determination, are not subject to any recovery or refund by Swift Financial and Swift Financial will be treated as though it held a first priority lien up to the date that the Court makes its determination on any objection filed by Republic Western. Swift Financial is granted a replacement lien on and in all property of the Debtor acquired or generated after the Petition Date, to the same extent and priority, and of the same kind and nature, as the property of the Debtor securing the prepetition obligations of the Secured Buyer. Swift Financial is further granted an administrative claim with priority over all other administrative expense claims, to the extent of the diminution that occurs in the value of cash collateral from and after the Petition Date as a result of the Debtor's use of cash collateral, in an amount in excess of the value of the replacement lien. The Debtor is ordered to provide Swift Financial and Republic Western with a full accounting of the rents received and expenses paid for the period beginning July 1, 2015 through the Petition Date, within 10 days from the date of the Court's Order. A full-text copy of the Order, dated Jan. 25, 2017, is available at http://bankrupt.com/misc/PBAExecutive2016_1626136epk_52.pdf About PBA Executive Suites PBA Executive Suites, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 16-26136) on Dec. 3, 2016. The petition was signed by William Smith, chief financial officer. The Debtor is represented by Brian K. McMahon, Esq., at Brian K. McMahon, P.A. At the time of the filing, the Debtor estimated assets at $500,001 to $1 million and liabilities at $100,001 to $500,000. PELICAN PARTNERS: Hires Shorty and DeT as Counsels -------------------------------------------------- Pelican Partners, seeks authority from the U.S. Bankruptcy Court for the Eastern District of Louisiana to employ the Law Firm of Edwin M. Shorty, Jr. & Associates, A.P.L.C., and DeT Law Firm, L.L.C. as counsel to the Debtor. Pelican Partners requires the Shorty and DeT firms to: a. provide legal advice with respect to the Debtor's powers and duties as debtor in possession in the continued management and operation of its businesses and properties; b. attend meetings with representatives of the Debtor's creditors and other parties in interest; c. take all necessary action to protect and preserve the estate of the Debtor, including the prosecution of actions on its behalf, the defense of any action commenced against the Debtor, negotiations concerning litigation in which the Debtor is involved, and objections to claims filed against the estates of the Debtor; d. prepare on behalf of the Debtor motions, applications, answers, orders, reports, and papers necessary to the administration of the Debtor's estates; e. take any necessary action on behalf of the Debtor to obtain confirmation of its plan; f. appear before the bankruptcy Court to protect the interests of the Debtor before this Court; g. perform all other necessary legal services and provide all other necessary legal advice to the Debtor in connection with the chapter 11 case; h. represent the Debtor in connection with obtaining post- petition financing, if any; i. advise the Debtor concerning and assisting in the negotiation and documentation of financing agreements, cash collateral orders and related transactions; j. investigate the nature and validity of liens asserted against the property of the Debtor, and advising the Debtor concerning the enforceability of said liens; k. investigate and advise the Debtor concerning, and take such action as may be necessary to collect, income and assets in accordance with applicable law, and the recovery of property for the benefit of the estates of the Debtor; l. advise and assist the Debtor in connection with any potential property dispositions; m. advise the Debtor concerning executory contract and unexpired lease assumptions, assignments and rejections and lease restructuring and recharacterizations; n. assist the Debtor in reviewing, estimating and resolving claims asserted against the estate; o. commence and conduct litigation necessary and appropriate to assert rights held by the Debtor, protect assets of the chapter 11 estate or otherwise further the goal of completing the successful reorganization of the Debtor; and p. perform all other legal services for the Debtor which may be necessary and proper in the bankruptcy proceedings. Shorty and DeT will be paid at these hourly rates: Attorneys $175-$250 Paralegals $60-$95 Edwin Shorty, Jr. $250 Dwayne P. Smith $250 Jonathan R. DeTrinis $205 Paralegals $75 Shorty also received a retainer in the amount of $7,500 from the Debtor, which will be held in the retainer trust account. Shorty and DeT will also be reimbursed for reasonable out-of-pocket expenses incurred. Edwin Shorty, Jr., member of the Law Firm of Edwin M. Shorty, Jr. & Associates, A.P.L.C., and Jonathan R. DeTrinis, member of DeT Law Firm, L.L.C., assured the Court that the firms are a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Shorty and DeT can be reached at: Edwin Shorty, Jr., Esq. LAW FIRM OF EDWIN M. SHORTY, JR. & ASSOCIATES, A.P.L.C. 650 Poydras Street, Suite 2515 New Orleans, LA 70130 Tel: (504) 207-1370 - and - Jonathan R. DeTrinis, Esq. DET LAW FIRM, L.L.C. 4000 Bienville Street, Suite C New Orleans, LA 70119 Tel: (504) 722-9711 Fax: (504) 327-5309 About Pelican Partners Pelican Partners, filed a Chapter 11 bankruptcy petition (Bankr. E.D. La. Case No. 16-12902) on November 28, 2016, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Edwin M. Shorty, Jr., Esq., at Edwin M. Shorty, Jr., & Associates. The Debtor also has hired DeT Law Firm, L.L.C. as counsel. PEREGRINE FINANCIAL: Embezzlement Victims Fight to Recoup Money --------------------------------------------------------------- Jessica Corso, writing for Bankruptcy Law360, reports that victims of the $100 million embezzlement scheme of former Peregrine Financial Group Inc. CEO Russell Wasendorf Sr. have filed with an Illinois federal court a lawsuit against the trustee for the Debtor. According to Law360, the victims said they should be allowed to access the funds held in Peregrine accounts despite having missed the deadline for filing disbursement claims in the Chapter 7 bankruptcy case. About Peregrine Financial Peregrine Financial Group Inc. filed to liquidate under Chapter 7 of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 12-27488) on July 10, 2012, disclosing between $500 million and $1 billion of assets, and between $100 million and $500 million of liabilities. Earlier that day, at the behest of the U.S. Commodity Futures Trading Commission, a U.S. district judge appointed a receiver and froze the firm's assets. The firm put itself into bankruptcy liquidation in Chicago later the same day. The CFTC had sued Peregrine, saying that more than $200 million of supposedly segregated customer funds had been "misappropriated." The CFTC case is U.S. Commodity Futures Trading Commission v. Peregrine Financial Group Inc., 12-cv-5383, U.S. District Court, Northern District of Illinois (Chicago). Peregrine's CEO Russell R. Wasendorf Sr. unsuccessfully attempted suicide outside a firm office in Cedar Falls, Iowa, on July 9, 2012. The bankruptcy petition was signed in his place by Russell R. Wasendorf Jr., the firm's chief operating officer. The resolution stated that Wasendorf Jr. was given a power of attorney on July 3 to exercise if Wasendorf Sr. became incapacitated. Peregrine Financial is the regulated unit of the brokerage PFGBest. PHOTOMEDEX INC: Has Until March 10 to Regain NASDAQ Compliance -------------------------------------------------------------- PhotoMedex, Inc. previously reported that it received written notification on Nov. 18, 2016, from The NASDAQ Stock Market LLC that the Company's stockholder equity reported on its Form 10-Q for the period ended Sept. 30, 2016, had fallen below the minimum requirement of $2.5 million, and that the Company was therefore not in compliance with the requirements for continued listing on the NASDAQ Capital Market under NASDAQ Marketplace Rule 5550(b)(1). The Notice provided the Company with a period of 45 calendar days, or until Jan. 2, 2017, to submit a plan to regain compliance with the listing rules; that plan was filed with NASDAQ on Jan. 10, 2017, under a one-week extension due to the holiday period. NASDAQ has granted the Company an extension of time to comply with the Rule until March 10, 2017, by which time the Company must complete its review and reconciliation of the post-Asset Sale financials and file with the Securities and Exchange Commission and NASDAQ a report on Form 8-K evidencing compliance with the Rule by disclosing: (i) the original deficiency letter from NASDAQ dated Nov. 17, 2004; (ii) a description of the completed transaction or event that enabled the Company to satisfy the stockholders' equity requirement for continued listing; (iii) either an affirmative statement that, as of the date of the report the Company believed that it had regained compliance with the stockholders' equity requirement based upon the completed transaction or event OR a balance sheet no older than 60 days with pro forma adjustments for any significant transactions or event occurring on or before the report date that evidences compliance with the stockholders' equity requirement, as well as a disclosure that the Company believes it also satisfies the stockholders' equity requirement as of the report date; and (iv) a disclosure stating that NASDAQ will continue to monitor the Company's ongoing compliance with the stockholders' equity requirement and, if at the time of the Company's next periodic report the Company does not evidence compliance, the Company may be subject to delisting. If the Company fails to evidence compliance with the Rule upon filing its periodic report for the period ended March 31, 2017, with the United States Securities and Exchange Commission and NASDAQ, the Company may be subject to delisting. In the event the Company does not satisfy the terms, NASDAQ will provide written notification to the Company that its securities will be delisted. At that time, the Company may appeal the delisting notice to a Listing Qualifications Panel. About PhotoMedex PhotoMedex, Inc., is a global health products and services company providing integrated disease management and aesthetic solutions to dermatologists, professional aestheticians, ophthalmologists, optometrists, consumers and patients. The Company provides proprietary products and services that address skin conditions including psoriasis, vitiligo, acne, actinic keratosis, photo damage and unwanted hair, as well as fixed-site laser vision correction services at our LasikPlus(R) vision centers. Photomedex reported a net loss of $34.6 million on $75.9 million of revenues for the year ended Dec. 31, 2015, compared with a net loss of $121 million on $133 million of revenues for the year ended Dec. 31, 2014. As of June 30, 2016, Photomedex had $28.2 million in total assets, $22.6 million in total liabilities and $5.56 million in total stockholders' equity. PUERTO RICO: Passes Bill Freezing Debt Payments Until May 1 ----------------------------------------------------------- The Associated Press reports that Puerto Rico Gov. Ricardo Rossello has signed a bill that freezes debt payments until May 1, 2017, with a three-month extension option. According to published reports, the bill will allow the commonwealth to pay for essential services as well as a portion of its $70 billion in bond debt. Martin O'Sullivan, writing for Bankruptcy Law360, relates that the bill requires that the governor receive legislative approval to take out loans or issue bonds. PURE FOODS: Taps Resurgence Financial as Restructuring Officer -------------------------------------------------------------- Pure Foods, Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of Tennessee to hire a restructuring officer and financial advisor. The Debtor proposes to hire Resurgence Financial Services, LLC to provide management consultation and assistance as it implements restructuring efforts. Gary Murphey, chief manager of Resurgence, will charge the Debtor $375 per hour and will receive reimbursement for work-related expenses. The billing rate of the firm's senior manager is $275 per hour. Upon a sale of the Debtor's assets, Resurgence will be paid a transaction fee equal to 5% of the first $1 million, 4% on the second million, 3% on the third million and 2% on each million thereafter. The firm has received a retainer in the amount of $7,000. Mr. Murphey disclosed in a court filing that his firm does not hold or represent any interest adverse to the Debtor or its bankruptcy estate. Resurgence can be reached through: Gary Murphey Resurgence Financial Services LLC 3330 Cumberland Boulevard, Suite 500 Atlanta, GA 30339 Office: (770) 933-6855 Cell: (404) 886-9104 Email: Murphey@RFSLimited.com The Debtor is represented by: William L. Norton, III, Esq. Bradley Arant Boult Cummings LLP 1600 Division St., Suite 700 Nashville, TN 37203 Phone: (615) 252-2397 Email: bnorton@bradley.com -- and -- F. Scott Milligan, Esq. Little & Milligan, PLLC 900 E. Hill Avenue, Suite 130 Knoxville, TN 37915 Phone: 865-522-3311 Email: fsm@littleandmilligan.com About Pure Foods Inc. Pure Foods, Inc., a company based in Atlanta, Georgia, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E. D. Tenn. Case No. 17-30236) on January 30, 2017. The petition was signed by John P. Frostad, CEO. The case is assigned to Judge Suzanne H. Bauknight. At the time of the filing, the Debtor estimated its assets and debts at $1 million to $10 million. R&B VENTURES: Court Allows Use of Chantry Cash Collateral --------------------------------------------------------- Judge Frederick P. Corbit of the U.S. Bankruptcy Court for the Eastern District of Washington authorized R&B Ventures, LLC, to use the cash collateral of Chantry, Inc. and/or Allen and Dolores Chantry. The Debtor is allowed to use the cash collateral for the payment of: EXPENSE DESCRITPTION AMOUNT ------- ------------ ------ City of Newport Water and sewer $1,100 Pend Oreille Electric charges $150 Utility District Waste Management Trash disposal cost $225 Insurance Monthly average $158.34 Road maintenance Monthly average $350 and snow removal Maintenance on 7 Maintenance $350 homes The Debtor is directed to pay Chantry regular monthly installments of $2,516.72 before paying the budgeted items. An evidentiary hearing on the Debtor's use of cash collateral is scheduled on March 7, 2017 at 10:00 a.m. A full-text copy of the Order, dated Jan. 25, 2017, is available at http://bankrupt.com/misc/R&BVentures2016_1603414fpc11_93.pdf About R&B Ventures, LLC R&B Ventures, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Wash. Case No. 16-03414) on Nov. 1, 2016. The petition was signed by Richard Oxford, member. At the time of the filing, the Debtor estimated assets of less than $1 million and liabilities of less than $100,000. Dan O'Rourke, Esq., at Southwell & O'Rourke, P.S., serves as the Debtor's bankruptcy counsel. No official committee of unsecured creditors has been appointed in the Chapter 11 case of R&B Ventures, LLC, as of Nov. 29. RAIN TREE HEALTHCARE: Taps Gordon & Melun as Legal Counsel ---------------------------------------------------------- Rain Tree Healthcare of Winston Salem, LLC seeks approval from the U.S. Bankruptcy Court for the Western District of North Carolina to hire legal counsel. The Debtor proposes to hire Gordon & Melun PLLC to give advice regarding its duties under the Bankruptcy Code, and provide other legal services related to its Chapter 11 case. Gordon & Melun received $10,000 from the Debtor prior to the bankruptcy filing, of which more than $7,000 was used to pay the filing fee and other pre-bankruptcy fees and expenses. Robert Lewis Jr., Esq., disclosed in a court filing that his firm does not represent any interest adverse to the Debtor or its bankruptcy estate. The firm can be reached through: Robert Lewis, Jr., Esq. Gordon & Melun PLLC 5400 Glenwood Avenue, Suite 218 Raleigh, NC 27612 Phone: 919-533-5510 Email: rlewis@thelewislawfirm.com About Rain Tree Healthcare Rain Tree Healthcare of Winston Salem, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.C. Case No. 16-32071) on December 30, 2016. The petition was signed by Reema Owens, managing member and organizer. At the time of the filing, the Debtor estimated assets and liabilities of less than $500,000. REDSKINS GRILLE: Hires Sands Anderson as Counsel ------------------------------------------------ Redskins Grille 1, LLC, seeks authority from the U.S. Bankruptcy Court for the Eastern District of Virginia to employ Sands Anderson PC as counsel to the Debtor. Redskins Grille requires Sands Anderson to: a) prepare any instruments, agreements, pleadings, or other documents necessary to initiate and effectuate any reorganization or bankruptcy proceeding; b) advise the Debtor of its rights, powers and duties as debtor and debtor-in-possession continuing to operate and manage under Chapter 11 of the Bankruptcy Code; c) attend and represent the Debtor at all creditors' meetings, hearings, trials, conferences, and other proceedings, whether in or out of Court; d) prepare on behalf of the Debtor all necessary and appropriate applications, motions, draft orders, other pleadings, notices, schedules and other documents and review all financial and other reports to be filed in the Chapter 11 case; and e) assist, advise, represent the Debtor, and perform all other necessary or appropriate legal services in connection with the Debtor's Chapter 11 case for or on behalf of the Debtor. Sands Anderson will be paid at these hourly rates: Roy M. Terry, Jr. $420 L. Lee Byrd $420 William A. Gray $420 John C. Smith $330 Legal Assistants $185 Sands Anderson will be paid a retainer in the amount of $25,000. Sands Anderson will also be reimbursed for reasonable out-of-pocket expenses incurred. John C. Smith, member of Sands Anderson PC, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Sands Anderson can be reached at: John C. Smith, Esq. SANDS ANDERSON PC P.O. Box 1998 Richmond, VA 23218-1998 Tel: (804) 648-1636 About Redskins Grille 1, LLC Redskins Grille 1, LLC, based in Ashburn, VA, filed a Chapter 11 petition (Bankr. E.D. Va. Case No. 17-10102) on January 10, 2017. The Hon. Robert G. Mayer presides over the case. Roy M. Terry, Jr., Esq., at Sands Anderson PC, to serve as bankruptcy counsel. In its petition, the Debtor estimated $1 million to $10 million in both assets and liabilities. The petition was signed by Robert E. Burness, managing member. RESIDENTIAL CAPITAL: Homeowner Fights for Damages Against Trust --------------------------------------------------------------- Barry Mack's lawyer told the U.S. Court of Appeals for the Second Circuit Court during a hearing on Jan. 25, 2017, that a faulty address on a letter challenging a wrongful foreclosure should not automatically preclude his client from winning damages against Residential Capital LLC's borrower claims trust, Pete Brush, writing for Law360, reports. Law360 recalls that Mr. Mack's wife Cheryl died in 2013 of causes linked to her 2009 suicide attempt due to the stress of losing their Naples home. About Residential Capital Residential Capital LLC, the unprofitable mortgage subsidiary of Ally Financial Inc., filed for bankruptcy protection (Bankr. S.D.N.Y. Lead Case No. 12-12020) on May 14, 2012. Neither Ally Financial nor Ally Bank is included in the bankruptcy filings. ResCap, one of the country's largest mortgage originators and servicers, was sent to Chapter 11 with 50 subsidiaries amid "continuing industry challenges, rising litigation costs and claims, and regulatory uncertainty," according to a company statement. ResCap disclosed $15.7 billion in assets and $15.3 billion in liabilities at March 31, 2012. Centerview Partners LLC and FTI Consulting are acting as financial advisers to ResCap. Morrison & Foerster LLP is acting as legal adviser to ResCap. Curtis, Mallet-Prevost, Colt & Mosle LLP is the conflicts counsel. Rubenstein Associates, Inc., is the public relations consultants to the Company in the Chapter 11 case. Morrison Cohen LLP is advising ResCap's independent directors. Kurtzman Carson Consultants LLP is the claims and notice agent. Ray C. Schrock, Esq., at Kirkland & Ellis LLP, in New York, serves as counsel to Ally Financial. ResCap sold most of the businesses for a combined $4.5 billion. The Bankruptcy Court in November 2012 approved ResCap's sale of its mortgage servicing and origination platform assets to Ocwen Loan Servicing, LLC and Walter Investment Management Corporation for $3 billion; and its portfolio of roughly 50,000 whole loans to Berkshire Hathaway for $1.5 billion. Judge Martin Glenn in December 2013 confirmed the Joint Chapter 11 Plan co-proposed by Residential Capital and the Official Committee of Unsecured Creditors. * * * The ResCap Liquidating Trust was established in December 2013 under the Second Amended Joint Chapter 11 Plan of Residential Capital, LLC, et al., to liquidate and distribute assets of the debtors in the ResCap bankruptcy case. The Trust maintains a website at www.rescapliquidatingtrust.com, which Unitholders are urged to consult, where Unitholders may obtain information concerning the Trust, including current developments. ROUST CORP: Expects to Declare Ch.11 Plan Effective by Feb. 10 -------------------------------------------------------------- Roust Corporation and its affiliated debtors will present to the Hon. Robert D. Drain on Feb. 9, 2017, at 10:00 a.m. an "Order Pursuant to Local Bankruptcy Rule 3021-1(a) Approving Timetable for Substantial Completion of Debtors' Plan." Unless a written objection to the Proposed Order is filed Feb. 6 at 4:00 p.m. (Eastern Time), there will not be a hearing and the Proposed Order may be signed. If a written objection is timely filed and served, a hearing will be held to consider the Proposed Order on a date and time to be set by the Court. The Court entered an Order dated Jan. 10, confirming the Debtors' Amended and Restated Joint Prepackaged Chapter 11 Plan of Reorganization. Rule 3021-1(a) of the Local Bankruptcy Rules for the Southern District of New York require the Debtors to submit a proposed order containing a timetable with the steps proposed for achieving substantial consummation of the Plan and entry of a final decree closing the Debtors' Chapter 11 Cases. According to the Proposed Order dated Jan. 24, the Debtors anticipate that the Effective Date and substantial consummation of the Plan will occur on or before February 10, 2017. The Debtors anticipate completing the distributions required under the Plan on, or as soon as reasonably practicable after, the Effective Date. The Debtors expect to seek entry of a final decree closing the Chapter 11 Cases promptly following the completion of distributions contemplated by the Plan. The Debtors' Chapter 11 Cases are prepackaged cases and all claims other than claims in Classes 1 and 2 are Unimpaired under the Plan. Accordingly, the Debtors have not sought the setting of a bar date and do not anticipate seeking such relief. The Debtors have not commenced and do not anticipate commencing any avoidance actions. The date referred to in the timetable is the Debtors' good faith estimate and is subject to change. In accordance with Local Bankruptcy Rule 3021-1(b), the Debtors will inform the Court of any revisions thereto and, if necessary, will file a status report detailing the actions taken by the Debtors in furtherance of the closing of the Chapter 11 Cases every six months until a final decree has been entered closing the Chapter 11 Cases. The Debtors and the Reorganized Debtors will be responsible for managing distributions under the Plan. About Roust Corporation Roust Corporation, formerly Central European Distribution Corporation -- http://www.roust.com/-- is a vodka producer. The Company's business primarily involves the production and sale ofits own spirit brands, and the importation of a range of spirits and wines. It operates its business based upon three primary segments: Poland, Russia and Hungary. In Poland, its brand portfolio includes Absolwent, Zubrowka, Zubrowka Biala, Soplica, Bols and Palace brands. Its other brands include Absolwent Grapefruit, Absolwent Apple Mint, Zubrowka Zlota, Soplica Plum and Soplica Blackcurrant. It produces and sells vodkas primarily in three vodka sectors: premium, mainstream and economy. Its primary operations are conducted in Poland, Russia, Ukraine and Hungary. It has around six operational manufacturing facilities located in Poland and Russia. It also produces ready-to-drink alcoholic beverages, such as wine-based Amore, gin-based Bravo Classic and Elle. Roust Corporation and three affiliated companies each filed petitions seeking relief under chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 16-23786) on Dec. 30, 2016. The Debtors' cases have been assigned to Judge Robert D. Drain. The petitions were signed by Grant Winterton, CEO. The Debtors disclosed $1,373,863,812 in assets and liabilities of $787,054,813 as of Nov. 30, 2016. The Debtors are represented by attorneys Scott Simpson, Jay Goffman, Mark McDermott, Mark Chehi and Sarah Pierce of Skadden Arps Slate Meagher & Flom LLP. The Debtors also tapped Houlihan Lokey, Inc., as financial advisor and investment banker; and Epiq Bankruptcy Solutions, LLC as claims and noticing agent. * * * The Debtors have filed a a Prepackaged Plan of Reorganization, dated Dec. 1, 2016, a full-text copy of which is available for free at http://bankrupt.com/misc/nysb16-23786-9.pdf The Plan contemplates these transactions: Holders of Existing Senior Secured Notes will receive payment in full in the form of (i) new senior secured notes due 2022 in the aggregate principal amount of $385 million at 10% interest payable semi-annually, commencing on January 1, 2017 (the "New Senior Secured Notes"), (ii) cash consideration of $20 million, (iii) a debt-to-equity conversion of the remaining balance of the Existing Senior Secured Notes (including all accrued and unpaid interest through and inclusive of the Petition Date) in exchange for 12.08% of the new common stock in Reorganized Roust (subject to the right of holders of Existing Convertible Notes to subscribe for that same common stock, with the proceeds of such subscription to be paid in cash to holders of Existing Senior Secured Notes in lieu of such new common stock, which is described in the Plan as the "Existing Senior Secured Notes Equity Subscription") and (iv) the right to participate in the $55 million offering of new common stock in Reorganized Roust (the "Share Placement"), with the Existing Senior Secured Notes Committee agreeing to backstop $5 million of the Share Placement. On Jan. 10, 2017, the Court entered an Order confirming the Debtors' Amended and Restated Joint Prepackaged Chapter 11 Plan of Reorganization. RUBICON TECHNOLOGY: Recieves Delisting Notice From NASDAQ --------------------------------------------------------- Rubicon Technology, Inc., was notified by NASDAQ that it did not meet the minimum bid price for continued listing on the NASDAQ Global Market. Rubicon has been granted a 180-day grace period to regain compliance with NASDAQ's $1.00 minimum bid price requirement. To qualify for continued listing on NASDAQ Capital Market, the minimum bid price must be at least $1.00 for at least ten consecutive business days during the additional 180-day grace period, which ends on April 17, 2017. If Rubicon fails to regain compliance during the grace period, its common stock will be delisted. Rubicon has notified NASDAQ of its intention to cure the minimum bid price deficiency during the grace period through a reverse stock split, if necessary. Rubicon Technology, Inc., headquartered in Bensenville, Illinois, develops, manufactures, and sells sapphire and other crystalline products for light-emitting diodes, radio frequency integrated circuits, optoelectronics, and other optical applications. Products include sapphire cores, sapphire wafers and optical sapphires for use in the defense, aerospace, medical devices, oil/gas drilling, semiconductor manufacturing, and other markets. Total assets at September 30, 2016, were $77.7 million. Ariel Investments, LLC owns 14% of shares outstanding. SCHROEDER BROTHERS: Committee Taps DeWitt Ross as Legal Counsel --------------------------------------------------------------- The official committee of unsecured creditors of Schroeder Brothers Farms of Camp Douglas LLP seeks approval from the U.S. Bankruptcy Court for the Western District of Wisconsin to hire legal counsel. The committee proposes to hire DeWitt Ross & Stevens S.C. to give legal advice regarding its duties under the Bankruptcy Code, assist in negotiations with the Debtor regarding the terms of a bankruptcy plan, advise regarding any proposed sale of assets, and provide other legal services. The hourly rates charged by the firm are: Craig Stevenson $315 Denis Bartell $385 Other Attorneys $210 - $385 Paraprofessionals $125 DeWitt Ross does not represent any adverse interest in connection with the Debtor's bankruptcy case, according to court filings. The firm can be reached through: Craig E. Stevenson, Esq. DeWitt Ross & Stevens S.C. Two East Mifflin Street, Suite 600 Madison, WI 53703-2865 Phone: (608) 252-9263 About Schroeder Brothers Schroeder Brothers Farm of Camp Douglas LLP sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W. D. Wis. Case No. 16-13719) on November 2, 2016. The petition was signed by Rocky Schroeder, authorized representative. The case is assigned to Judge Catherine J. Furay. The Debtor is represented by Pittman & Pittman Law Offices, LLC. At the time of the filing, the Debtor estimated its assets at $500 million to $1 billion and debts at $1 million to $10 million. On December 7, 2016, the Office of the U.S. Trustee appointed an official committee of unsecured creditors. SEATRUCK INC: Hires BDO USA as Accountant ----------------------------------------- Seatruck, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of Florida to employ BDO USA, LLP as accountant to the Debtor. Seatruck, Inc.requires BDO USA to: a. assist the Debtor in the preparation of the monthly operating reports as required by the Office of U.S. Trustee; b. prepare all necessary tax returns; and c. ensure compliance with all requests from the Internal Revenue Service. BDO USA will be paid at the hourly rate of $300. BDO USA will also be reimbursed for reasonable out-of-pocket expenses incurred. Robert McGrath, member of BDO USA, LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. BDO USA can be reached at: Robert McGrath BDO USA, LLP 15 E Las Olas Blvd., 5th Floor Ft. Lauderdale, FL 33301 Tel: (954) 989-7462 About Seatruck, Inc. SeaTruck, Inc., filed a chapter 11 petition (Bankr. S.D. Fla. Case No. 16-26397) on Dec. 9, 2016. The petition was signed by Jared Schatz, president. The case is assigned to Judge Raymond B. Ray. The Debtor is represented by Eric A. Rosen, Esq., at Fowler White Burnett, P.A. The Debtor disclosed total assets at $2.17 million and total liabilities at $3.75 million. SILVER CREEK INVESTMENTS: Can Use Bank of DeSoto Cash Collateral ---------------------------------------------------------------- Judge Barbara J. Houser of the U.S. Bankruptcy Court for the Northern District of Texas authorized Silver Creek Investments, LLC, to use Bank of DeSoto, N.A.'s cash collateral. The cash collateral consists of cash of the Debtor's estate and all cash equivalents, whether in the form of deposit accounts, proceeds, products, offspring, rents or profits of property subject to statutory liens. Judge Houser acknowledged that the Debtor needs to use cash collateral in order to continue its ordinary course of business operations. The Debtor was authorized to collect cash collateral in the form of rent from tenants at its property and pay expenses of operating its business, including payroll and related taxes, and the monthly secured obligation to Bank of DeSoto pursuant to its security documents for the interim period until final hearing on the Debtor's Motion. The expenses the Debtor is authorized to pay include: Employee/Contractor Compensation: $1,750 Utilities: $795 Office Expenses and supplies: $175 Repairs and Maintenance: $2,725 Management fee to Alfred Herron: $1,000 The Debtor was directed to make monthly adequate protection payments to Bank of DeSoto in the amount of $20,250, beginning on January 1, 2017. Bank of DeSoto was granted replacement liens on the Debtor's rents. A final hearing on the Debtor's Motion is scheduled on Feb. 22, 2017, at 1:15 p.m. A full-text copy of the Order, dated Jan. 25, 2017, is available at http://bankrupt.com/misc/SilverCreekInvestments2016_1634633bjh11_42.pdf Bank of DeSoto is represented by: Vicki McCarthy, Esq. LAW OFFICE OF VICKI MCCARTHY 114 S. 5th Street Midlothian, TX 76065 About Silver Creek Investments, LLC Silver Creek Investments, LLC, filed a Chapter 11 petition (Bankr. N.D. Tex. Case No. 16-34633) on Dec. 3, 2016. The petition was signed by Alfred Herron, managing member. The case is assigned to Judge Barbara J. Houser. The Debtor is represented by Marilyn D. Garner, Esq., at the Law Office of Marilyn D. Garner, PLLC. At the time of filing, the Debtor had both assets and liabilities estimated at $1 million to $10 million each. SOUTHERN TAN: Authorized to Use IRS Cash Collateral --------------------------------------------------- Robert D. Berger of the U.S. Bankruptcy Court for the District of Kansas authorized Southern Tan, Inc., to use the Internal Revenue Service's cash collateral. The cash collateral consists of the Debtor's cash, inventory, and accounts receivable. The IRS claims a secured interest in cash collateral by virtue of Notices of Federal Tax Liens filed on various dates between February 18, 2011 and October 24, 2016. The IRS was granted a replacement lien in post-petition cash collateral of the Debtor to the same extent that the IRS has a valid lien on pre-petition cash collateral. The Debtor was required to maintain its cash, accounts, accounts receivable, and inventory in the sum of at least $40,000 at all times. The Debtor was directed to make monthly adequate protection payments to the IRS in the amount of $1,400, beginning on January 1, 2017. The IRS was granted a super-priority administrative expense claim to the extent the adequate protection provided to it proves not to be adequate to protect the IRS against a post-petition diminution in the value of its collateral. A full-text copy of the Order, dated Jan. 24, 2017, is available at http://bankrupt.com/misc/SouthernTan2016_1622397_47.pdf About Southern Tan, Inc. Southern Tan, Inc., filed a chapter 11 petition (Bankr. D. Kan. Case No. 16-22397) on Dec. 6, 2016. The petition was signed by David Henshaw, president. The Debtor is represented by Colin N. Gotham, Esq., at Evans & Mullinix, P.A. The Debtor operates three tanning salons within the Kansas City area. The Debtor estimated assets and liabilities at $500,001 to $1 million. STANFORD GROUP: Receiver Can't Pursue Exempt Assets, Court Says --------------------------------------------------------------- The receiver in the Robert Allen Stanford Ponzi scheme can't pursue exempt assets for a $1.2 million judgment against former U.S. diplomat Peter Romero, Martin O'Sullivan, writing for Bankruptcy Law360, reports, citing a Maryland federal judge. Law360 relates that the federal judge has affirmed a bankruptcy court's refusal to dismiss Chapter 7 bankruptcy proceedings by Mr. Romero. Law360 recalls that Peter Romero, former U.S. ambassador to Ecuador, filed for Chapter 7 bankruptcy protection after a Texas federal judge ordered him to pay $1.2 million in fraudulent transfers from his time as an adviser to Mr. Stanford. STONE ENERGY: Satterfield Discloses 8.1% Equity Stake as of Dec. 31 ------------------------------------------------------------------- Thomas A. Satterfield, Jr. disclosed holding 459,370 shares or roughly 8.1% of the common stock of Stone Energy Corporation as of Dec. 31, 2016, according to Mr. Satterfield's Schedule 13G filing with the Securities and Exchange Commission. Mr. Satterfield disclosed, "With respect to the shares of common stock of the issuer reported by the Reporting Person, 23,900 shares are held by the Reporting Person individually; 13,500 shares are held jointly with the Reporting Person's spouse; 3,250 shares are held individually by the Reporting Person's spouse; 25,000 shares are held by Tomsat Investment & Trading Co., Inc., a corporation wholly owned by the Reporting Person and of which he serves as President; and 175,000 shares are held by Caldwell Mill Opportunity Fund, LLC, which fund is managed by an entity of which the Reporting Person owns a 50% interest and serves as Chief Investment Manager. Additionally, the Reporting Person has limited powers of attorney for voting and disposition purposes with respect to the following shares: A.G. Family L.P. (170,000 shares); Thomas A. Satterfield, Sr., the Reporting Person's father (20,000 shares); Milyn Satterfield Little, the Reporting Person's daughter (350 shares); Jeanette Satterfield Kaiser, the Reporting Person's sister (12,500 shares); Richard W. Kaiser, the Reporting Person's brother-in-law (6,000 shares); David A. Satterfield, the Reporting Person's brother (9,200 shares); Alexandra Pontikes, the Reporting Person's niece (335 shares); and Camille Pontikes, the Reporting Person's niece (335 shares). These individuals and entities have the right to receive or the power to direct the receipt of the proceeds from the sale of their respective shares." Mr. Satterfield may be reached at: Thomas A. Satterfield, Jr. 2609 Caldwell Mill Lane Birmingham, AL 35243 About Stone Energy Stone Energy Corp. is an independent oil and natural gas exploration and production company headquartered in Lafayette, Louisiana with additional offices in New Orleans, Houston and Morgantown, West Virginia. Stone is engaged in the acquisition, exploration, development and production of properties in the Gulf of Mexico and Appalachian basins. Stone Energy had 247 employees as of the bankruptcy filing. Stone Energy Corp. and two affiliates sought Chapter 11 protection (Bankr. S.D. Tex. Case Nos. 16-36390, 16-36391 and 16-36392) on Dec. 14, 2016, to pursue a prepackaged plan of reorganization. Judge Marvin Isgur is assigned to the cases. The Debtors hired Latham & Watkins LLP as general counsel, Porter Hedges LLP as local counsel; Vinson & Elkins LLP as special counsel; Alvarez & Marsal North America, LLC as financial advisor; Lazard Freres & Co. LLC, as investment banker; and Epiq Bankruptcy Solutions, LLC as claims, noticing, solicitation and balloting agent. STRATEGIC ASSET: Taps Michael W. Carmel as Legal Counsel -------------------------------------------------------- Strategic Asset Acquisition LLC seeks approval from the U.S. Bankruptcy Court for the District of Arizona to hire Michael W. Carmel, Ltd. as legal counsel. The firm will give advice regarding the duties of Strategic Asset and its affiliates under the Bankruptcy Code, and will provide other legal services related to their Chapter 11 cases. Michael Carmel, Esq., will be paid an hourly rate of $550 for his services while paralegals will be paid $125 per hour. The firm does not hold or represent any interest adverse to the Debtors or their bankruptcy estates, according to court filings. Carmel can be reached through: Michael W. Carmel, Esq. Michael W. Carmel, Ltd. 80 East Columbus Avenue Phoenix, Arizona 85012-2334 Tel: (602) 264-4965 Fax: (602) 277-0144 Email: Michael@mcarmellaw.com About Strategic Asset Acquisition Strategic Asset Acquisition LLC and its four affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case Nos. 17-00799 to 17-00803) on January 27, 2017. The petitions were signed by James R. Barrons, managing member. Strategic Asset estimated under $500,000 in assets and $10 million to $50 million in liabilities. Affiliates Warner and McQueen listed between $1 million and $10 million in both assets and liabilities, and Grant Road Classic listed under $50,000 in assets and between $1 million and $10 million in liabilities. STRINGER FARMS: Hires Forshey & Prostok as Attorneys ---------------------------------------------------- Stinger Farms, Inc., and Charles Blake Stringer seek permission from the U.S. Bankruptcy Court for the Northern District of Texas to employ Forshey & Prostok, LLP as attorneys for the Debtors. The Debtors require F&P to: a. advise the Debtors of their rights, powers and duties as Debtor and Debtor in Possession continuing to operate and manage their business and assets; b. advise the Debtors concerning, and assist in the negotiation and documentation of, agreements, debtor restructurings, and related transactions; c. review the nature and validity of liens asserted against the property of the Debtors and advise the Debtor concerning the enforceability of such liens; d. advise the Debtors concerning the actions that they mights take to collect and to recover property for the benefit of the Debtors' estates; e. prepare on behalf go the Debtors all necessary and appropriate applications, motions, pleadings, proposed orders, notices, and other documents, and review all financial and other reports to be filled in these chapter 11 cases; f. advise the Debtors concerning, and prepare responses to, applications, motions, pleadings, notices and other papers that may be filed and served in these chapter 11 cases; g. counsel the Debtors in connection with the formulation, negotiation and promulgation of one or more plans of reorganization and related documents; h. perform other legal services for and on behalf of the Debtors that may be necessary or appropriate in the administration of these chapter 11 cases or in the conduct of the bankruptcy cases and the Debtors' businesses, including advising and assisting the Debtors with respect to debt restructurings, assets dispositions, and general business, tax, finance, real estate and litigation matters; and i. all other legal services as may be necessary or appropriate in connection with the bankruptcy case. F&P will be paid at these hourly rates: Partners $575 Associates or Contract Attorneys $210-$450 Paralegals $150-$195 The Debtors paid a retainer to F&P in the amount of $10,000 (the "Retainer"). F&P will also be reimbursed for reasonable out-of-pocket expenses incurred. Jeff O. Prostok, Esq., Forshey & Prostok, LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtors and their estates. F&P may be reached at: Jeff O. Prostok, Esq. Matthew G. Maben Forshey & Prostok, LLP 777 Main Street, Suite 1290 Fort Worth, TX 76102 Office: (817) 877-8855 Phone: (817) 877-4223 (Direct) Email: jprostok@forsheyprostok.com mmaben@forsheyprostok.com About Stringer Farms Inc. Stringer Farms, Inc. filed a Chapter 11 petition (Bankr. N.D. Tex. Case No. 16-44821), on December 14, 2016. The Petition was signed by Charles Blake Stringer, president. The case is assigned to Judge Russell F. Nelms. At the time of filing, the Debtor had $10 million to $50 million in estimated assets and $1 million to $10 million in estimated liabilities. Charles Blake Stringer filed a voluntary Chapter 11 petition (Bankr. N.D. Tex. Case No. 16-44871) on December 20, 2016. Pursuant to an Order directing the Joint Administration of Cases entered on December 23, 2016, the Debtors bankruptcy cases are being jointly administered under (Bankr. N.D. Tex. Case No. 16-44821). The Debtors are represented by Jeff P. Prostok, Esq., Forshey & Prostok, LLP. No creditors' committee has been appointed in the Debtors' cases by the U.S. Trustee. Further, no trustee or examiner has been requested or appointed in the Debtors' Chapter 11 cases. STRINGER FARMS: Hires Young & Newsom as Litigation Counsel ---------------------------------------------------------- Stringer Farms, Inc., et al., seek authority from the U.S. Bankruptcy Court for the Northern District of Texas to employ Young & Newsom, PC as special litigation counsel to the Debtors. Stringer Farms requires Young & Newsom to commence and represent the Debtors in the litigation styled Charles Blake Stringer v. Out-Back Pool & Spa, LLC and Gary Roger Mayfield, Cause No. 69,544-A, in the 47th District Court, Randall County, Texas. The litigation is a claims for the custom design and construction of a residential pool at 149 S. Shore, Amarillo, Texas 79118, located in the Lake Tanglewood area. Young will be paid at these hourly rates: Jeremi Young $340 Associates $215 Jill Young $110 Paralegals $100 Litigation Clerks $50 Young will also be reimbursed for reasonable out-of-pocket expenses incurred. Jeremi Young, member of Young & Newsom, P.C., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Young can be reached at: Jeremi Young, Esq. YOUNG & NEWSOM, P.C. 1001 S. Harrison, Suite 200 Amarillo, TX 79101 Tel: (806) 331-1800 About Stringer Farms, Inc. Stringer Farms, Inc. filed a Chapter 11 petition (Bankr. N.D. Tex. Case No. 16-44821), on December 14, 2016. The Petition was signed by Charles Blake Stringer, president. The case is assigned to Judge Russell F. Nelms. At the time of filing, the Debtor had $10 million to $50 million in estimated assets and $1 million to $10 million in estimated liabilities. Charles Blake Stringer filed a voluntary Chapter 11 petition (Bankr. N.D. Tex. Case No. 16-44871) on December 20, 2016. Pursuant to an Order directing the Joint Administration of Cases entered on December 23, 2016, the Debtors bankruptcy cases are being jointly administered under (Bankr. N.D. Tex. Case No. 16-44821). The Debtors are represented by Jeff P. Prostok, Esq., at Forshey & Prostok, LLP. No creditors' committee has been appointed in the Debtors' cases by the U.S. Trustee. Further, no trustee or examiner has been requested or appointed in the Debtors' Chapter 11 cases. STYLE XPRESS: Has Authorization to Use Cash Collateral ------------------------------------------------------ Judge Catherine Peek McEwen of the U.S. Bankruptcy Court for the Middle District of Florida authorized Style Xpress Stores, Company to use cash collateral. The Debtor was authorized to use cash collateral including, without limitation, cash, deposit accounts, and accounts receivable, in accordance with utilities, insurance, and other line items in the Debtor's expense sheet. Judge McEwen authorized and directed all persons and entities owing monies to the Debtor, to pay the monies to the Debtor, without setoff, which sums will constitute Cash Collateral upon collection by the Debtor. A full-text copy of the Order, dated January 26, 2017, is available at https://is.gd/KzQpvS About Style Xpress Stores, Company Style Xpress Stores, Company dba Glamour is a retail store operating in Florida Mall in Orlando, Florida. An eviction action was instituted against the Debtor leading to the filing of this Chapter 11 case, styled as Florida Mall Associates Ltd. v. Style Xpress Stores, Co. dba Glamour, Case No. 16-CC-007962-O. Style Xpress Stores, Company dba Glamour filed a Chapter 11 petition (Bankr. M.D. Fla. Case No. 16-10365), on December 5, 2016. The Petition was signed by its owner, Andreh Papouyan. The Debtor is represented by Kristina E. Feher, Esq., at the Law Firm of Robert Eckard and Associates, PA. At the time of filing, the Debtor estimated assets at $100,000 to $500,000 and liabilities at $50,000 to $100,000. SUN PROPERTY: Cronin to Render Services for Tax Years 2013 to 2018 ------------------------------------------------------------------ Sun Property Consultants, Inc. disclosed in a filing with the U.S. Bankruptcy Court for the Eastern District of New York that Cronin & Cronin Law Firm, PLLC will be providing services with respect to the tax years 2013 to 2018. The Debtor made the disclosure in support of its application to hire the firm to assist in the prosecution of tax certiorari proceedings. Cronin & Cronin will receive 25% of any recovery, by settlement or after trial, plus reimbursement of disbursements, according to court filings. About Sun Property Consultants Sun Property Consultants, Ltd., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 16-72267) on May 23, 2016. The petition was signed by Rajesh K. Singh, authorized representative. The Debtor is represented by Marc A. Pergament, Esq., at Weinberg, Gross & Pergament LLP. The case is assigned to Judge Louis A. Scarcella. At the time of the filing, the Debtor estimated its assets at $10 million to $50 million and debt at $1 million to $10 million. No official committee of unsecured creditors has been appointed in the case. SUPREME CEILING: SunTrust Seeks to Prohibit Cash Collateral Use --------------------------------------------------------------- SunTrust Bank, a Secured Creditor, asks the U.S. Bankruptcy Court for the Southern District of Florida to prohibit Supreme Ceiling & Interiors, Inc. from using cash collateral, and compel the Debtor to segregate the cash collateral into a separate account. SunTrust maintains that the Debtor commenced its bankruptcy case in bad faith as a litigation tactic to further hinder and delay SunTrust from foreclosing its interest on Debtor's real property. SunTrust asserts first position security interest in the Debtor's accounts and proceeds thereof pursuant to the pre-petition Foreclosure Judgment entered against the Debtor in the principal amount of $465,670, plus unliquidated post-judgment interest and additional attorney's fees and costs. SunTrust believes that the Debtor is either receiving or is entitled to receive the rents, revenues, profits, and proceeds from its account receivables generated by SunTrust's collateral in conjunction with its operation and use of the Mortgaged Property, which rents, revenues, profits, proceeds of accounts, and deposits constitute cash collateral. SunTrust avers that the Debtor has failed to file a motion seeking the Court's authority to use its cash collateral, and neither has the Debtor solicited nor received SunTrust's consent to use its cash collateral. SunTrust further avers that the Debtor has failed to supply SunTrust with a proposed budget for use of its cash collateral or propose adequate protection payments that would avoid the further diminution of SunTrust's collateral. SunTrust Bank is represented by: Eyal Berger, Esq. AKERMAN LLP Las Olas Centre II, Suite 1600 350 E. Las Olas Boulevard Fort Lauderdale, FL 33301 Tel: 954-463-2700 Fax: 954-463-2224 Email: eyal.berger@akerman.com -- and -- Mark J. Bernet, Esq. AKERMAN LLP 401 E. Jackson Street, Suite 1700 Tampa, FL 33602 Tel: 813-223-7333 Fax: 813-218-5495 Email: mark.bemet@akerman.com About Supreme Ceiling & Interiors, Inc. Supreme Ceiling & Interiors, Inc. filed a Chapter 11 petition (Bankr. S.D. Fla. Case No. 17-10506), on January 17, 2017. The Petition was signed by its President, Herbert Williamson. The Debtor is represented by Mitchell J. Nowack, Esq. at Nowack & Olson, PLLC. At the time of filing, the Debtor estimated assets at $100,000 to $500,000 and liabilities at $500,000 to $1 million. SUSAN'S INC: Hires Dulin Ward as Accountant ------------------------------------------- Susan's, Inc., seeks authority from the U.S. Bankruptcy Court for the Northern District of Indiana to employ Dulin Ward & Dewald, Inc. as accountant to the Debtor. Susan's, Inc.requires Dulin Ward to prepare the Debtor's monthly tax statements and annual returns. Dulin Ward will be paid at the hourly rate of $165. The Debtor has made total payments to Dulin Ward in the amount of $3,639.36, in the last 12 months. The amount was applied to fees and expenses incurred prior to the filing of the petition, and $0 is held in trust for payment of future fees and expenses. Jessica Ogle, member of Dulin Ward & Dewald, Inc., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Dulin Ward can be reached at: Jessica Ogle DULIN WARD & DEWALD, INC. 9921 Dupont Circle Drive West, Suite 300 Fort Wayne, IN 46825 Tel: (260) 423-2414 Fax: (260) 339-8714 About Susan's, Inc. Susan's Inc. was incorporated in the State of Indiana and operates a women's retail clothing store at 6340 W. Jefferson Blvd., Fort Wayne, Indiana. Susan's Inc. filed a Chapter 11 petition (Bankr. N.D. Ind. Case No. 16-11640) on April 5, 2016, disclosing under $1 million in both assets and liabilities. The petition was signed by Susan Johnson, president. The Debtor is represented by Adam L. Hand, Esq., Beckman Lawson, LLP. T&C GYMNASTICS: Lessor's Bid to Withdraw Reference Denied --------------------------------------------------------- Movant-Appellant 880 S. Rohlwing Road, LLC, has appealed from the order of the bankruptcy court denying its motion to dismiss the Chapter 11 filing of Debtor-Appellee T&C Gymnastics, LLC, as a bad-faith filing. The Appellant has also moved the United States District Court for the Northern District of Illinois, Eastern Division, to withdraw the reference of the bankruptcy proceeding. Movant is lessor to Aerial Gym Stars Enterprises, Inc., whose assets were purchased by the Debtor in exchange for a promissory note. The Movant -- citing an initial valuation of Aerial's business by the Debtor's appraiser -- argues that Aerial transferred "valuable assets worth at least $280,000." The Debtor, however, argues that "the assets of Aerial had no value[.]" Aerial and the Debtor were formed by Tony and Carol Whitaker, who in February 2005, filed for Chapter 7 protection and received a discharge from the bankruptcy court. In a Memorandum Opinion and Order dated January 19, 2017, a full-text copy of which is available at https://is.gd/ND9BiK from Leagle.com, U.S. District Judge Amy J. St. Eve declined to exercise jurisdiction over the Appellant's interlocutory appeal and denied without prejudice its motion to withdraw the reference. According to the Movant, its appeal raises two issues: (1) whether the bankruptcy court has jurisdiction to preside over a bankruptcy proceeding "involving a two-party dispute in which the alleged debtor was the recipient of fraudulently transferred assets for a failed Chapter 11 debtor for the purpose of avoiding state court collection proceedings[;]" and (2) whether the bankruptcy court should have dismissed Debtor's Chapter 11 case -- in which the Debtor is the alleged successor-in-interest to a failed Chapter 11 debtor -- as a bad-faith filing. The Court discerns two legal questions here: (1) whether the Supreme Court's decision in Stern v. Marshall, 564 U.S. 462 (2011) precludes the assertion of successor liability and alter ego claims within the context of Debtor's Chapter 11 case; and (2) whether the bankruptcy judge applied an "incorrect test for determining whether the bankruptcy case was subject to dismissal." Judge St. Eve held that neither, however, constitutes a controlling, contested issue of law, the resolution of which will expedite the proceedings. Judge St. Eve said that while Stern precludes the final adjudication of "Sterm claims" by bankruptcy courts absent consent, it does not broadly strip bankruptcy courts of jurisdiction where those claims are asserted. In light of authorities such as Exec. Benefits Ins. Agency v. Arkison, 134 S.Ct. 2165, 2173 (2014), and Wellness Int'l Network, Ltd. v. Sharif, 135 S.Ct. 1932, 1940 (2015), the Movant has failed to demonstrate the contestability of the legal issue. With regards the second question, Judge St. Eve, after reviewing the entire hearing transcript and applicable case law, disagrees that the bankruptcy court applied "the incorrect standard for bad faith filings," pointing out that, contrary to the Movant's suggestion, the Seventh Circuit in In re Madison Hotel Associates, 749 F.2d 410, 426 (7th Cir. 1984), did not interpret "good faith" under Section 1112 of the Bankruptcy Code or set forth a defined legal standard. Judge St. Eve noted that many courts in this Distict have enumerated several non-exclusive factors that are relevant in determining to whether a debtor has failed to file a bankruptcy petition in good faith and the bankruptcy judge correctly held that these factors are "guidelines," not rigid standards. Ultimately, after reviewing the parties' briefing, Judge St. Eve concludes that neither issue on appeal presents a "pure question of law, something the [reviewing court] could decide quickly and cleanly without having to study the record[.]" In this case, where jurisdiction is not available under 28 U.S.C. Section 158(a)(1) and jurisdiction is not warranted under 28 U.S.C. Section 158(a)(3), the Court does not have jurisdiction over the Movant's appeal. On the Movant's Motion to Withdraw the Reference over the Debtor's entire Chapter 11 case, Judge St. Eve said that granting the Motion to Withdraw would require her to review and overturn the non-final, factual findings of the bankruptcy court. Judge St. Eve added that although the timing of the Debtor's formation and the circumstances of the Promissory Notes are suspicious -- particularly in light of the Whitakers' successive bankruptcy filings -- the Court cannot yet determine that the March 13, 2015 transfer was, in fact, fraudulent. The appeals case is 880 S. ROHLWING ROAD, LLC, Appellant, v. T&C GYMNASTICS, LLC, Appellee, Nos. 16-cv-07650 (N.D. Ill.). 800 S. Rohlwing Road, LLC, Appellant, represented by: John Steven Delnero, Esq. The Coman Law Group, P.C. 650 Warrenville Rd. Suite 500 Lisle, IL 60532 Tel: (630) 428-2660 Fax: (630) 428-2549 T&C Gymnastics, LLC, Appellee, represented by Joshua Douglas Greene, Springer Brown, LLC. Service List,, represented by Timothy A. Barnes, U.S. Bankruptcy Court. About T&C Gymnastics T&C Gymnastics, LLC, sought chapter 11 protection (Bankr. N.D. Ill. Case No. 16-14993) on May 2, 2016. The petition was singed by Tony Whitaker, manager. The Debtor is represented by Joshua D. Greene, Esq., at Springer Brown LLC. At the time of the filing, the Debtor estimated its assets at $50,001 to $100,000 and debts at $100,001 to $500,000. The Debtor provides gymnastics instruction and lessons to children of all ages. The Troubled Company Reporter, on June 27, 2016, reported that T&C Gymnastics filed with the U.S. Bankruptcy for the Northern District of Illinois, Eastern Division, a plan of reorganization and accompanying disclosure statement proposing a 100% distribution to 100% of the allowed claims of general unsecured creditors. A full-text copy of the Disclosure Statement is available at: http://bankrupt.com/misc/ilnb16-14993-36.pdf TARA RETAIL: Kanawha Commissioners to File Claim, Hit Delay ----------------------------------------------------------- The Charleston Gazette-Mail reports that the Kanawha County commissioners said they would file a claim against the owner of the Crossings Mall in Elkview, WV. "There have been far too many delays in the process to rebuild the bridge at the Crossings Mall," County Commission President Kent Carper said in a news release. "The lack of safe access to the mall creates a public nuisance that must be rectified as soon as possible." The Crossings Mall has been closed for several months after the only bridge to the shopping center washed out in last June's floods. The mall was supposed to be sold on the Kanawha courthouse steps Jan. 24, but a last-minute bankruptcy filing by the mall's owners, Tara Retail Group, canceled that sale. In a letter to U.S. Bankruptcy Judge John Flatley of the Northern District of West Virginia, Carper called the bankruptcy filing "simply the latest dilatory practice aimed at slowing construction of the bridge at the Crossing Mall property." About Tara Retail Tara Retail Group, LLC, owns The Crossings Mall in Elkview, WV, which had tenants that included Kmart and Kroger. The Company is headed by businessman Bill Abruzzino. The Crossings Mall has been closed and inaccessible to the public since massive floods swept through West Virginia on June 23, 2016. On Dec. 23, 2016, U.S. District Judge Thomas Johnston appointed Martin Perry, a managing director at Newmark Grubb Knight Frank's Pittsburgh office, as receiver. To stop a foreclosure sale of its shopping center, Tara Retail Group, LLC, filed a Chapter 11 petition (Bankr. N.D. W.V. Case No. 17-00057) on Jan. 24, 2017. The petition was signed by William A. Abruzzino, managing member. The case judge is the Hon. Patrick M. Flatley. The Debtor estimated assets and debt of $10 million to $50 million. The Debtor tapped Steven L. Thomas, Esq., at Kay, Casto & Chaney PLLC, as bankruptcy counsel. TCC GENERAL: Wants Approval for Cash Collateral Use --------------------------------------------------- TCC General Contracting, Inc. seeks authority from the U.S. Bankruptcy Court for the Central District of California to use cash collateral. The Debtor seeks authorization to use its monies in the ordinary course of business, to operate its business, to honor existing and future contracts for work, to pay employees, to pay rent and utilities and pay other expenses through plan confirmation pursuant to its proposed budget. The Debtor's Disclosure Statement will be considered at a hearing on February 15, 2017. The Debtor operates a water and fire remediation and restoration business in Lancaster CA, and employs some 24 employees. The Debtor contends that it does not have unencumbered sources of monies or other assets to pay ordinary course business obligations such that if it cannot use cash collateral, it would need to cease its business operation and let go of its employees, which would severely harm its reputation in the industry. The proposed budget provides for total operating expenses in the aggregate sum of $502,664 from week beginning with January 2, 2017 through June 26, 2017. The Debtor identifies three entities who assert interests in estate monies: (1) Windset Capital Corporation, which is owed $86,959, and is fully secured by the Debtor's cash collateral; (2) IOU Financial, which is owed $34,490, and is fully secured by the Debtor's cash collateral; and (3) Knight Capital Funding, which is owed $78,872, however, it appears to the Debtor that Knight Capital's lien does not attach to equity in cash collateral. The Debtor asserts that Windset Capital, IOU Financial and Knight Capital are afforded adequate protection of its claim as follows: (a) Equity cushion since the value of the Debtor's assets as of December 31, 2016 is approximately $524,392; (b) The Debtor continuing to operate the business and maintaining and servicing the inventory and equipment, which creates additional revenues; (c) All assets are adequately insured; (d) The Debtor will provide Windset Capital, IOU Financial and Knight Capital with replacement liens to the extent their prepetition liens attached to the property of the Debtor pre-petition and with the same validity, priority, and description of collateral; (e) The Debtor proposes to make following monthly adequate protection payments: - Windset Capital $1,140 - IOU Financial $ 284 A hearing on the Debtor's continued use of cash collateral will be held on February 15, 2017 at 2:00 p.m. A full-text copy of the Third Supplement to the Debtor's Motion, dated January 26, 2017, is available at https://is.gd/K9iITu About TCC General Contracting TCC General Contracting, Inc., operates a water and fire restoration company in Lancaster, California. It employs 30 employees and, based on gross revenues year to date, would realize gross revenues of perhaps $3.3 million. It filed for Chapter 11 bankruptcy protection (Bankr. C.D. Cal. Case No. 16-18301) on June 22, 2016. The bankruptcy petition was signed by Thomas C. Conroy IV, president. The Debtor is represented by Steven R. Fox, Esq., at the Law Offices of Steven R. Fox. The case is assigned to Judge Sheri Bluebond. The Debtor estimated assets and debt at $500,000 to $1,000,000. TENKORIS LLC: Seeks Court Approval to Hire WCI as Broker -------------------------------------------------------- Tenkoris, LLC seeks approval from the U.S. Bankruptcy Court for the District of Arizona to hire a broker. The Debtor proposes to hire WCI Brokers to provide expert opinion regarding the value of its business before its plan of reorganization is completed. Charles Tanko, the broker designated to provide the services, will receive a flat fee of $2,000 to prepare his report and will be paid an hourly rate of $250 for additional services. Mr. Tanko disclosed in a court filing that he does not hold or represent any interest adverse to the Debtor's bankruptcy estate. WCI can be reached through: Charles J. Tanko WCI Brokers 3519 E. Shea Blvd., Suite 133 Phoenix, AZ 85028 Tel: (602) 795-2005 Fax: (602) 795-0032 Email: tankowci@aol.com About Tenkoris LLC Tenkoris, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 16-07290) on June 27, 2016. The petition was signed by Ken Olcher, managing member. The Debtor tapped Davis Miles McGuire Gardner, PLLC as its legal counsel, and Phillip Fitzekam as its accountant. At the time of the filing, the Debtor disclosed $305,855 in assets and $1.02 million in liabilities. TERRANOVA LANDSCAPES: Taps Berger Fischoff to Hire Legal Counsel ---------------------------------------------------------------- Terranova Landscapes, Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire legal counsel in connection with its Chapter 11 case. The Debtor proposes to hire Berger, Fischoff & Shumer, LLP to give legal advice regarding its duties under the Bankruptcy Code, assist in the preparation of a plan of reorganization, and provide other legal services. The hourly rates charged by the firm are: Partners $425 - $550 Associates $315 - $400 Paralegals $185 Gary Fischoff, Esq., disclosed in a court filing that his firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Gary C. Fischoff, Esq. Berger, Fischoff & Shumer, LLP 6901 Jericho Turnpike, Suite 230 Syosset, NY 11791 Tel: 516-747-1136 Email: gfischoff@bfslawfirm.com Email: hberger@bfslawfirm.com About Terranova Landscapes Terranova Landscapes, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 17-70472) on January 27, 2017. The petition was signed by Eric Searles, president. The case is assigned to Judge Louis A. Scarcella. At the time of the filing, the Debtor disclosed $827,529 in assets and $2.07 million in liabilities. TITANS OF MAVERICKS: Surfing Event Files for Ch. 11 to Sell ----------------------------------------------------------- Titans of Mavericks, LLC, Surfing's premier event and lifestyle brand and its affiliate Cartel Management, Inc., filed voluntary Chapter 11 petitions in the United States Bankruptcy Court for the Central District of California, initiating a process intended to preserve value and accommodate an orderly going-concern sale of its business operations. Since 2014, up to $3 million has gone into developing the brand and staging the annual event, which features the world's best surfers competing on waves that can reach 60 feet. The Chapter 11 filings by Titans of Mavericks and Cartel Management represent the culmination of a strategy designed to implement a sale of the assets and intellectual property of the companies to afford a buyer certain protections available only in bankruptcy. Titans of Mavericks intends for such a sale to ensure a smooth and swift transition of the business and operations. "The brand has seen explosive growth since its creation," said Griffin Guess, Titans of Mavericks founder. The companies determined that a sale through a Chapter 11 process is likely to achieve the highest and best value for their assets. "The process will allow Titans of Mavericks to reach new heights in the right hands. It is time for a larger organization to gain from all of our hard work," said Guess. Levene, Neale, Bender, Yoo & Brill L.L.P. is serving as legal counsel, and the Company has appointed Klinedinst PC to serve as transactional counsel. About Titans of Mavericks Titans of Mavericks, LLC -- http://www.titansofmavericks.com/-- is a lifestyle brand and the world's premiere big wave surfing action sports event that takes place south of San Francisco, in Northern California. Thirty of the world's best athletes compete annually in the biggest conditions that can reach up 60 feet in wave height. Titans of Mavericks is an expansive brand that includes media, distribution, apparel, hard and soft goods, festival, and licensing. TUMBLEWEED CENTER: U.S. Trustee Forms 2-Member Committee -------------------------------------------------------- The Office of the U.S. Trustee on Feb. 1 appointed two creditors of Tumbleweed Center for Youth Development to serve on the official committee of unsecured creditors. The committee members are: (1) Onsite Technical Services LLC Attn: James Hunton 3039 West Peoria Avenue, Suite C102-180 Phoenix AZ 85029 Phone: 602.274.0455 Fax: none Email: jim@onsite-tech.com (2) Accounting Rescue, Inc. Attn: Lynelle Barton 3820 West Happy Valley Road, Suite 141-485 Glendale AZ 85210 Phone: 623.695.3529 Fax: 623.321.1270 Email: lbarton@accountingrescue.us Official creditors' committees have the right to employ legal and accounting professionals and financial advisors, at a debtor's expense. They may investigate the debtor's business and financial affairs. Importantly, official committees serve as fiduciaries to the general population of creditors they represent. About Tumbleweed Center Tumbleweed Center for Youth Development sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 16-14181) on December 16, 2016. The petition was signed by Paula Adkins, interim chief executive officer. The case is assigned to Judge Paul Sala. The Debtor is represented by Perkins Coie LLP. At the time of the filing, the Debtor estimated its assets and liabilities at $1 million to $10 million. UNITED MOBILE: Can Continue Using Cash Collateral Until Feb. 28 --------------------------------------------------------------- Judge Barbara Ellis-Monro of the U.S. Bankruptcy Court for the Northern District of Georgia extended the period within which United Mobile Solutions, LLC, can use cash collateral through February 28, 2017. T-Mobile USA, Inc., MetroPCS Georgia, LLC, and MetroPCS Texas, LLC have agreed to the extension of the cash collateral period. The approved Budget provides for total expenses in the amount of $318,595 for January and $312,095 for February. The terms and conditions of the Court's Cash Collateral Order will remain in full force and effect. A full-text copy of the Order, dated Jan. 25, 2017, is available at http://bankrupt.com/misc/UnitedMobile2016_1662537bem_119.pdf T-Mobile USA, Inc., MetroPCS Georgia, LLC, and MetroPCS Texas, LLC are represented by: John R. Knapp, Jr., Esq. MILLER NASH GRAHAM & DUNN LLP Pier 70, 2801 Alaskan Way - Suite 300 Seattle, WA 98121 E-mail: john.knapp@millernash.com About United Mobile Solutions United Mobile Solutions, LLC, filed a Chapter 11 petition (Bankr. N.D. Ga. Case No. 16-62537) on July 20, 2016. The petition was signed by Kil Won Lee, president. The Debtor is a carrier master dealer that operates and manages approximately 20 retail cellular phone stores. The Debtor's corporate offices are located in Norcross, Georgia. The Debtor is represented by Cameron M. McCord, Esq., at Jones & Walden, LLC. The Debtor estimated its assets at $0 to $50,000 and its liabilities at $1 million to $10 million at the time of the filing. An official committee of unsecured creditors has not yet been appointed in the Chapter 11 case of United Mobile Solutions, LLC, as of Nov. 8, according to a court docket. UP FIELDGATE: Can Use Cash Collateral Until February 24 ------------------------------------------------------- Judge Cynthia C. Jackson of the U.S. Bankruptcy Court for the Middle District of Florida authorized UP Fieldgate US Investments-Fashion Square, LLC to use the cash collateral of The Bancorp Bank on an interim basis through February 24, 2017. The Debtor was authorized to use cash collateral to pay amounts expressly authorized by the Court, including payments to the U.S. Trustee for quarterly fees, the current and necessary expenses set forth in the budget, and such additional amounts as may be expressly approved in writing by Bancorp Bank. The approved Budget provides for total operating expenses of approximately $434,235 for the period from the week ending January 27, 2017 through the week ending February 24, 2017. Bancorp Bank was granted a perfected post-petition lien against cash collateral to the same extent and with the same validity and priority as its prepetition lien. The Debtor will grant Bancorp Bank access to its business records and premises for inspection, and will continue to maintain insurance coverage for its property in accordance with the obligations under the loan and security documents with Bancorp Bank. The Debtor's use of cash collateral is subject to the following additional conditions: (a) Mr. Scott Fish will not receive any payments, directly or indirectly, from any source related to the Debtor; (b) Bancorp Bank will have an administrative expense claim for the diminution in the Cash Collateral resulting by and through Debtor's use thereof; (c) The Debtor will deliver to Bancorp Bank on or before February 15, 2017: (1) a CAM reconciliation as of December 31, 2016 and 2015, and information regarding any tenant deposit liability; (2) a percentage rent reconciliation, including statement of tenant revenue for 2016; (3) copies of any new agreements or a statement of the current terms with service providers, with invoices for billed services, to the Shopping Mall, including the identification of any insider or related entities; (4) copies of all new permitted leases and lease amendments; and (5) detailed payroll reports, including benefits/healthcare costs, for all employees or agents of any insider companies for the period of January 2017 and projected work hours for February 2017. (d) The Debtor will furnish to Bancorp Bank monthly operating statements and financial reports, a report showing a comparison of the actual revenues and expenses versus the budgeted revenues and expenses, and an updated rent roll, accounts receivable and accounts payable aging report, and updated documents for the other reports identified in the above subparagraph; (e) The Debtor will also provide Bancorp Bank with a current or monthly rent roll and copies of all leases and amendments and will not enter into any new leases or amendments, for a period of greater than 366 days, without Bancorp Bank consent or Court approval; (f) The Debtor will provide Bancorp Bank copies of all service agreements pertaining to the Shopping Mall, and will not enter into any new agreements or amendments, except ordinary course and less than 366 days without Bancorp Bank consent or Court approval; (g) The Debtor will provide Bancorp Bank with any additional proof of insurance naming Bancorp Bank as additional insured and loss payee as required by the Loan Documents. A continued preliminary hearing on the Cash Collateral Motion and Debtor's Emergency Motion to Authorize Performance Under Related Company Agreements, and Debtor's Application to Employ Financial Advisor and Debtor's Application to Employ Special Counsel will be continued until February 9, 2017 at 2:00 p. m. A final evidentiary hearing on the Cash Collateral Motion and Bancorp Bank's Motion for Relief from the Automatic Stay will be held on February 24, 2017 at 10:00 a.m. The Debtor, Up Development Key West Holdings, LLC and Bancorp Bank agreed to shorten time for discovery relating to the pending motions such as production of documents and depositions, such that responses to document requests and depositions will occur on or before February 15, 2017. A full-text copy of the Second Interim Order, dated January 26, 2017, is available at https://is.gd/TAaxbt About UP Fieldgate US Investments UP Fieldgate US Investments - Fashion Square, LLC owns and operates the Orlando Fashion Square Mall, an 80-acre mixed-use development located near downtown Orlando, which includes a two-story indoor shopping mall consisting of over 1,000,000 leasable square feet. The Debtor currently leases a number of rental units within the Mall and collects monthly rents from each tenant. UP Fieldgate US Investments - Fashion Square, LLC and its affiliate UP Development Key West Holdings, LLC filed separate Chapter 11 petitions (Bankr. M.D. Fla. Case Nos. 17-00088 and 17-00090) on January 6, 2017. The Petitions were signed by Scott D. Fish, manager/member. The cases are assigned to Judge Cynthia C. Jackson. The Debtors are represented by R. Scott Shuker, Esq. and Daniel A. Velasquez, Esq., at Latham, Shuker, Eden & Beaudine, LLP. At the time of filing, the UP Fieldgate estimated assets and liabilities at $10 million to $50 million, while UP Development estimated assets at $1 million to $10 million and liabilities at $10 million to $50 million. VANGUARD NATURAL: Files for Ch. 11 After Plan Deal Reached ---------------------------------------------------------- Vanguard Natural Resources, LLC and its wholly owned subsidiaries on Feb. 2, 2017, disclosed that they have voluntarily filed petitions for relief under chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division (the "Court"). In connection with the chapter 11 filing, Vanguard has entered into a Restructuring Support Agreement with certain consenting holders (the "Restructuring Support Parties) of the Company's 7.875% Senior Notes due 2020 (the "Senior Notes due 2020"), 8 3/8% Senior Notes due 2019 (the "Senior Notes due 2019") and 7.0% Senior Secured Second Lien Notes due 2023 (the "Second Lien Notes"). Under the Restructuring Support Agreement, the Restructuring Support Parties agreed to support a plan of reorganization for the Company that would include (i) a fully committed $19.25 million equity investment by the consenting holders of the Second Lien Notes; and (ii) a $255.75 million rights offering that is fully backstopped by the consenting holders of the Senior Notes due 2020 and Senior Notes due 2019. Through the implementation of the transactions set forth in the Restructuring Support Agreement, the Company would eliminate approximately $708 million in debt under the Company's reserve-based credit facility and senior unsecured debt. The Company has obtained a committed $50 million debtor-in-possession ("DIP") financing facility underwritten by Citibank, N.A., JPMorgan Securities LLC and Wells Fargo Bank, N.A. Subject to Court approval, this DIP financing, combined with the Company's cash from operations, is expected to provide sufficient liquidity during the chapter 11 cases to support its continuing business operations and minimize disruption. Mr. Scott W. Smith, President and CEO, commented, "We continue to believe in the quality of our asset base and the dedication and competence of our office and field employees. The depressed commodity price cycle which has persisted over the past two years, combined with a tightened regulatory environment for senior debt providers, has resulted in a situation where, despite reducing our total debt by over $500 million in 2016, we find ourselves unable to meet the obligations of our current credit facility. With a successful restructuring of our balance sheet, Vanguard will be better positioned to weather this new lower for longer commodity price environment, while also improving our long-term financial security and better position us for long-term success." Vanguard has filed a series of motions with the court that, when granted, will enable the company to maintain its operations as usual, without interruption throughout the restructuring process. Included in these first day motions are requests to continue to pay employee wages, honor existing employee benefit programs and pay royalties to mineral owners under the terms of the applicable agreements. The Company has also filed motions seeking authority to pay expenses associated with production operation and drilling and completion activities, as well as costs associated with gathering, processing, transportation, marketing and those related to joint interest billing for non-operated properties. Court filings and other information related to the chapter 11 cases are available on the Company's website at www.vnrllc.com/restructuring and at http://cases.primeclerk.com/vanguard,which is a website administered by the Company's proposed claims agent, Prime Clerk LLC. The Company has also set up a toll-free hotline to answer employee, vendor, investor and royalty owner questions, which is available Monday through Friday, 8 a.m. to 6 p.m. Central Standard Time at 844-596-2260 (internationally at 929-333-8976). Parties may obtain electronic notification of court filings through the Prime Clerk website or may register for email notices by completing the Bankruptcy Court's registration form that can be accessed at http://www.txs.uscourts.gov/sites/txs/files/CRECFform.pdf. Paul Hastings LLP is serving as legal counsel and Evercore Partners is acting as financial advisor to Vanguard. Opportune LLP is the Company's restructuring advisor. About Vanguard Natural Resources Vanguard Natural Resources, LLC -- http://www.vnrllc.com/-- is a publicly traded limited liability company focused on the acquisition, production and development of oil and natural gas properties. Vanguard's assets consist primarily of producing and non-producing oil and natural gas reserves located in the Green River Basin in Wyoming, the Permian Basin in West Texas and New Mexico, the Gulf Coast Basin in Texas, Louisiana, Mississippi and Alabama, the Anadarko Basin in Oklahoma and North Texas, the Piceance Basin in Colorado, the Big Horn Basin in Wyoming and Montana, the Arkoma Basin in Arkansas and Oklahoma, the Williston Basin in North Dakota and Montana, the Wind River Basin in Wyoming, and the Powder River Basin in Wyoming. As of Sept. 30, 2016, Vanguard had $1.54 billion in total assets, $2.28 billion in total liabilities and a total members' deficit of $736.8 million. VINH PHAT: Hires IbisViews as Expert Witness -------------------------------------------- Vinh Phat Supermarket, Inc., seeks authority from the U.S. Bankruptcy Court for the Eastern District of California to employ IbisViews, Inc. as expert witness to the Debtor. Vinh Phat requires IbisViews to prepare an opinion relative to the fairness of the proposed asset sale and address plan confirmation requirements. IbisViews will be paid at the hourly rate of $350. IbisViews will also be reimbursed for reasonable out-of-pocket expenses incurred. Dennis Mandell, member of IbisViews, Inc., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. IbisViews can be reached at: Dennis Mandell IBISVIEWS, INC. 100 W Liberty St, Suite 900 Reno, NV 89501 About Vinh Phat Supermarket, Inc. Vinh Phat Supermarket, Inc., based in Sacramento, CA, filed a Chapter 11 petition (Bankr. E.D. Cal. Case No. 16-24672) on July 18, 2016. The petition was signed by Eric Vong, board member/authorized individual. Judge Christopher M. Klein presides over the case. In its petition, the Debtor estimated $500,000 to $1 million in assets and $1 million to $10 million in liabilities. The Debtor employed Jamie P. Dreher, Esq., at Downey Brand LLP, as its bankruptcy counsel; and Gonzales & Sisto LLP as its accountant. VIOLIN MEMORY: Creditors' Panel Hires DAK as Financial Advisor -------------------------------------------------------------- The Official Committee of Unsecured Creditors of Violin Memory, Inc., seeks authority from the U.S. Bankruptcy Court for the District of Delaware to employ DAK Group, Ltd. as financial advisor and investment banker to the Committee. The Committee requires DAK to: a. assist the Committee in any transaction or series of related transactions that constitute the disposition to one or more third parties, in one or a series of related transactions of (i) all or a majority of the equity securities or interest of any entity comprising the Debtor, or (ii) any significant portion of the assets or operations of the Debtor or any joint venture or partnership or other entity formed by it, in either case, including through a sale or exchange of capital stock, options or assets with or without a purchase option, a merger, consolidation or other business combination, an exchange or tender offer, a recapitalization, the formation of a joint venture, partnership or similar entity, or any similar transaction, including any sale transaction under Sections 363, 1129 or any other provision of the Bankruptcy Code; b. assist in the confirmation of a plan of reorganization or liquidation of the Debtor; c. identify and contact the Committee's behalf potential entities to effect a Transaction; d. assist and advise the Committee in its negotiations with potential targets, evaluate offers or proposals made by the target, and assist the Committee in the structuring of a final agreement with the potential target; e. advise and assist the Committee in its analysis and monitor of the Debtor's historical, current, and projected financial affairs, including schedules of assets and liabilities and statements of financial affairs; f. develop a periodic monitoring process to enable the Committee to effectively evaluate the Debtor's liquidity, performance, and operating activities on an ongoing basis; g. review and analyze the Debtor's operations, financial condition, business plan, strategy, and operating forecasts; h. assist the Committee in evaluating any proposed debtor-in- possession financing; i. advise the Committee as it assesses the Debtor's executor contracts and the Debtor's assumption and rejection thereof; j. assist the Committee in its analysis of the Debtor's financial restructuring process, including its review of the Debtor's development plans of reorganization and related disclosure statements; k. provide testimony, in any proceeding before the bankruptcy Court; l. attend meetings of Committee, court hearings, and auctions, as may be requested by the Committee; and m. render such other general business consulting or assist as the Committee or its counsel may deem necessary, consistent with the role of a financial advisor. DAK will be paid as follows: a. Monthly Fees. A non-refundable fee of $40,000, payable on the first day of each month (the "Monthly Retainer Fee"). b. Transaction Fees. If a transaction results in cash or other consideration paid or payable to, or for the benefit of the Debtor, its creditor, or equityholders: (i) in an aggregate amount greater than or equal to $3,000,000, DAK shall earn a transaction fee equal to $300,000; or (ii) in an aggregate amount less than $3,000,000, DAK shall earn a transaction fee equal to 10% of the cash or other consideration paid or payable to, or for the benefit of the Debtor, its creditors, or equityholders. c. Fee Cap. DAK's transaction fee shall be capped at $300,000, less applicable monthly fee credit. Sheon Karol, member of DAK Group, Ltd., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) are not creditors, equity security holders or insiders of the Debtor; (b) have not been, within two years before the date of the filing of the Debtor's chapter 11 petition, directors, officers or employees of the Debtor; and (c) do not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtor, or for any other reason. DAK can be reached at: Sheon Karol DAK GROUP, LTD. 195 Route 17 South Rochelle Park, NJ 07662 Tel: (201) 712-9555 About Violin Memory, Inc. Violin Memory, Inc., develops and supplies memory-based storage systems for high-speed applications, servers and networks in the Americas, Europe and the Asia Pacific. Founded in 2005, the Company is headquartered in Santa Clara, California. Violin Memory sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case No. 16-12782) on Dec. 14, 2016. The petition was signed by Cory J. Sindelar, chief financial officer. At the time of the filing, the Debtor disclosed $38.93 million in assets and $145.4 million in liabilities. Pillsbury Winthrop Shaw Pittman LLP serves as the Debtor's legal counsel while Bayard, P.A., serves as co-counsel. The Debtor has hired Houlihan Lokey Capital, Inc., as financial advisor and investment banker. Prime Clerk LLC serves as administrative advisor. The U.S. Trustee, on Dec. 27, 2016, named three creditors to serve on the official committee of unsecured creditors Wilmington Trust, N.A., Clinton Group, Inc., and Forty Niners SC Stadium Company LC. The Committee hires Cooley LLP as lead counsel, and Elliot Greenleaf as its Delaware counsel, DAK Group, Ltd. as financial advisor and investment banker. WASHINGTON MUTUAL: Trust to Make $19M Cash Distribution ------------------------------------------------------- WMI Liquidating Trust (the "Liquidating Trust"), formed pursuant to the confirmed Seventh Amended Joint Plan of Affiliated Debtors under Chapter 11 of the United States Bankruptcy Code (as modified, the "Plan") of Washington Mutual, Inc., on Jan. 30 disclosed that it will make a cash distribution (the "Distribution") of approximately $19 million to certain beneficiaries. The principal source of the funds for distribution is tax related collections from a settlement with the Internal Revenue Service and related refunds from the State of California. The Trust also received proceeds from its previously announced settlement with former Directors and Officers. In accordance with the priority of payments described in Exhibit H to the Plan, the Distribution will be allocated to claimants in "Tranche 4" in the following amounts: $3.8 million to holders of Senior Floating Rate Note Claims; $14.6 million to holders of PIERS Claims; and $0.4 million to holders of General Unsecured Claims. Additionally, LTI holders who made elections to receive common stock in Reorganized WMI to settle their claims will have their LTI balances further adjusted for funds distributed to Reorganized WMI, pursuant to the Plan of Reorganization's treatment of litigation proceeds. The Liquidating Trust intends to initiate the $19 million Distribution on Wednesday, February 1, 2017. Additional information regarding the Distribution will be included in the next Quarterly Summary Report for the period ended December 31, 2016, which will be filed by the Liquidating Trust with the United States Bankruptcy Court for the District of Delaware on or about January 30, 2017. About Washington Mutual Based in Seattle, Washington, Washington Mutual Inc. -- http://www.wamu.com/-- was the holding company for Washington Mutual Bank as well as numerous non-bank subsidiaries. Washington Mutual Bank was taken over on Sept. 25, 2008, by U.S. government regulators. The next day, WaMu and its affiliate, WMI Investment Corp., filed separate petitions for Chapter 11 relief (Bankr. D. Del. 08-12229 and 08-12228, respectively). WaMu owned 100% of the equity in WMI Investment. When WaMu filed for protection from its creditors, it disclosed assets of $32,896,605,516 and debts of $8,167,022,695. WMI Investment estimated assets of $500 million to $1 billion with zero debts. WaMu was represented in the Chapter 11 case by Brian Rosen, Esq., at Weil, Gotshal & Manges LLP in New York City; Mark D. Collins, Esq., at Richards, Layton & Finger P.A. in Wilmington, Del.; and Peter Calamari, Esq., and David Elsberg, Esq., at Quinn Emanuel Urquhart Oliver & Hedges, LLP. The Debtor tapped Valuation Research Corporation as valuation service provider for certain assets. Fred S. Hodara, Esq., at Akin Gump Strauss Hauer & Fled LLP in New York, and David B. Stratton, Esq., at Pepper Hamilton LLP in Wilmington, Del., represented the Official Committee of Unsecured Creditors. Stephen D. Susman, Esq., at Susman Godfrey LLP and William P. Bowden, Esq., at Ashby & Geddes, P.A., represented the Equity Committee. The official committee of equity security holders also tapped BDO USA as its tax advisor. Stacey R. Friedman, Esq., at Sullivan & Cromwell LLP and Adam G. Landis, Esq., at Landis Rath & Cobb LLP in Wilmington, Del., represented JPMorgan Chase, which acquired the WaMu bank unit's assets prior to the Petition Date. Records filed Jan. 24, 2012, say that Washington Mutual Inc., former owner of the biggest U.S. bank to fail, has spent $232.8 million on bankruptcy professionals since filing its Chapter 11 case in September 2008. As reported in the Troubled Company Reporter on March 21, 2012, the Debtors disclosed that their Seventh Amended Joint Plan of Affiliated Debtors, as modified, and as confirmed by order, dated Feb. 23, 2012, became effective, marking the successful completion of the chapter 11 restructuring process. WET SEAL LLC: Case Summary & 30 Largest Unsecured Creditors ----------------------------------------------------------- Debtor affiliates filing separate Chapter 11 bankruptcy petitions: Debtor Case No. ------ -------- The Wet Seal, LLC 17-10229 aka The Wet Seal (2015), LLC 7555 Irvine Center Drive Irvine, CA 92618 The Wet Seal Gift Card, LLC 17-10230 Mador Financing, LLC 17-10231 Type of Business: Fashion apparel and accessory items retailer Chapter 11 Petition Date: February 2, 2017 Court: United States Bankruptcy Court District of Delaware (Delaware) Judge: Hon. Christopher S. Sontchi Debtors' Counsel: Robert S. Brady, Esq. Michael R. Nestor, Esq. Jaime Luton Chapman, Esq. Andrew L. Magaziner, Esq. YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square 1000 North King Street Wilmington, Delaware 19801 Tel: (302) 571-6600 Fax: (302) 571-1253 E-mail: rbrady@ycst.com jchapman@ycst.com mnestor@ycst.com amagaziner@ycst.com Debtors' Claims & Noticing Agent: DONLIN, RECANO & COMPANY, INC. Re: The Wet Seal, LLC, et al. P.O. Box 199043 Blythebourne Station Brooklyn, NY 11219 Estimated Assets: $10 million to $50 million Estimated Debt: $50 million to $100 million The petitions were signed by Judd P. Tirnauer, executive vice president and chief financial officer. Debtor's List of 30 Largest Unsecured Creditors: Entity Nature of Claim Claim Amount ------ --------------- ------------ Fedex Corporation Trade $608,977 942 South Shady Grove Road Memphis TN 38120 Attn: Valerie Griham Tel: (855) 552 5393 x3061 Fax: (901) 397 2097 Email: vdgriham@fedex.com Celebrity Pink Trade $302,098 (2253 Apparel, Inc. dba TOUI) 7379 Telegraph Rd Montebello CA 90640 Attn: Keri Maciel Tel: (323) 837 9800, x1070 Fax: (323) 837 0808 Email: keri@celebritypinkusa.com GF Holding Inc. Trade $225,573 Email: allan@kirious.net Google Inc. Trade $195,919 L+L Printers Carlsbad, LLC Trade $169,967 Email: info@llprinters.com Crane Construction Company LLC Trade $149,020 Email: info@craneconstruction.com Louise Paris Ltd. Trade $147,196 Email: AB@louiseparis.com Active Knitwear Resources, Inc. Trade $125,425 Email: eric@activeknitwear.com Better Be Trade $108,185 Email: thedon1009@gmail.com The 17/21 Group Trade $99,961 Website: www.the1721group.com Seamless Land Inc. Trade $91,348 Email: anna@seamlessland.com Highway Jeans Trade $83,662 Email: kristin@highwayjeans.com Next Generation (J & F Design) (Merch) Trade $78,811 Email: richard@bobbyjackbrand.com East Lion Corp. Trade $76,860 Email: kathleenm@eastlioncorp.com ADP - Payroll Trade $72,447 Email: melissa.mckennon@adp.com Ikeddi Enterprises, Inc. Trade $67,477 Email: dineen@ikeddi.com Valentine USA Inc. Trade $65,306 Email: hbanton@valentine-usa.com AD Art Co. Trade $61,273 Email: sales@adartco.com Dizzy Lazy/Jainson's Int'l, Inc. Trade $56,782 Email: info@jaincompany.com Shinhwa Corp. Trade $55,742 Email: arturo.s@shinhwainc.com AA Fashion Inc. Trade $55,582 Email: carlos@msbubbles.com Axesory Source Trade $54,313 Email: taniel@axesorysource.com Sensual Lingerie Inc. Trade $51,127 Email: acohen@ihlgroup.com Teri Lingerie Co. Trade $48,216 Email: lisa@terilingerie.com AH1130, Inc. Trade $43,050 Email: olivia.ijoah@gmail.com Lucent Products, Inc. Trade $42,352 Email: sales02@lucentinc.com Demandware, Inc. Trade $41,666 Email: spaley@demandware.com Cape Robbin Inc. Trade $39,792 Email: cindy@caperobbin.com Ace Alliance, Inc. Trade $38,269 Email: joseph@aceintimates.com Dream Catcher Trade $37,852 Email: mrchow@amelotte.com WET SEAL LLC: Files for Chapter 11 Bankruptcy Protection -------------------------------------------------------- The Wet Seal, LLC, a women's clothing retailer focused on teens and early twenties, filed a voluntary petition under Chapter 11 of the Bankruptcy Code less than a year after it bought the Wet Seal business operations out of bankruptcy. Wet Seal cited, among other things, the shift of consumer preference to online shopping from shopping in bricks-and-mortar stores for its financial troubles. Wet Seal's affiliates, The Wet Seal Gift Card, LLC, and Mador Financing, LLC are part of the bankruptcy filing. In April 2015, Wet Seal acquired substantially all of the assets of The Wet Seal, Inc., now known as Seal123, Inc., and certain related affiliates for $7.5 million in cash consideration, the assumption of certain debt and other liabilities, and an immediate $10 million loan, following the approval of the Bankruptcy Court. Seal123, Inc., et al. filed their Chapter 11 cases on Jan. 15, 2015, which cases remain open, and are currently administered under the caption In re Seal123, Inc. et al., Lead Case No. 15-10081. "Although the Debtors have improved their operating performance, the Debtors have yet to achieve profitability since the Prior Sale closed despite their best efforts to right-size their costs and implement sales, rebranding and operational objectives," said Judd P. Tirnauer, executive vice president and chief financial officer for Wet Seal. "While they have corrected many operational inefficiencies and implemented brand enhancement efforts since being acquired out of bankruptcy in 2015, the Debtors have unfortunately -- and consistently -- incurred operational losses stemming from, among other things, onerous lease obligations, underperforming retail locations, and increased competition in the teen fashion retail industry on a broad scale," Mr. Tirnauer added. In light of the lack of liquidity, the dearth of potential going-concern buyers, and the ongoing store closing sales, the Debtors -- which currently operate 142 retail locations in 37 states -- believe that the orderly wind down of their operations, subject to Court supervision, represents the best means through which to maximize value for the estates and all parties interested. The Debtors disclosed that prior to the Petition Date, they began redefining their business model while simultaneously rebranding their fashion line to maintain loyal followers and appeal to new consumers. These steps included, but were not limited to, (i) marketing cumbersome leases to potential transaction partner; (ii) terminating retail operations at a number of the Debtors' least profitable mall locations; and (iii) outsourcing their distribution needs to a third-party logistics company. After failed attempts to develop going concern restructuring options, the Debtors implemented an orderly liquidation strategy that was commenced prior to the Petition Date, primarily through going-out-of-business sales at their retail locations. Last month, the Debtors terminated their retail activity at 37 locations. Prior to those closures, the Debtors operated 179 stores in 40 states. In an effort to reduce headcount, approximately 80 corporate employees were terminated last week. At the outset of the bankruptcy proceedings, the Debtors will seek approval to continue to conduct the Store Closing Sales. The Debtors also intend to take a number of steps to reduce their go-forward expenses, such as filing appropriate contract and lease rejection motions as the Store Closing Sales run their course. The Debtors implemented, and will continue to consider, a series of processes to liquidate other assets as efficiently as possible, including de minimis assets and marketable leasehold interests that potentially hold value for the estates. Moreover, the Debtors have retained Hilco IP Services LLC (d/b/a Hilco Streambank) to market their their intellectual property. According to the Debtors, they will continue to analyze their asset portfolio and available disposition alternatives with respect to all available assets as the Store Closing Sales unfold and the Chapter 11 cases adopt a concerted path. Mador Holdings, LLC owns 100% of the equity interest in Debtor Mador Financing, LLC and indirectly owns 100% of the equity interests in the remaining Debtors. Debtor Mador Financing, LLC owns 100% of the equity interests in Debtors The Wet Seal, LLC and The Wet Seal Gift Card, LLC. The Chapter 11 cases are pending in the U.S. Bankruptcy Court for the District of Delaware and assigned to the Hon. Judge Christopher S. Sontchi. Contemporaneously with the filing of their voluntary petitions, the Debtors are filing a motion requesting that the Court consolidate their Chapter 11 cases under the Lead Case No. 17-10229. As of the Petition Date, the Debtors owe: (a) Crystal Financial, LLC $9.7 million on account of a credit agreement dated April 15, 2015, (b) Mador Funding, LLC approximately $15.6 million and (c) unsecured creditors $8 million. The Debtors have hired Young Conaway Stargatt & Taylor, LLP as counsel and Donlin, Recano & Company, Inc. as claims & noticing agent. WHEEL AND TIRE: Hires Michael J. O'Connor as Counsel ---------------------------------------------------- Wheel and Tire Superstore, LLC seeks authorization from the U.S. Bankruptcy Court for the Western District of Texas to employ Michael J. O'Connor, Esq., as counsel. The Debtor requires O'Connor to provide professional services including legal advice and representation in connections with the Debtor's duties and powers in this case. The Debtor will compensate O'Connor at $300 per hour. Prior to the filing, O'Connor received a retainer of $17,810. O'Connor will also be reimbursed for reasonable out-of-pocket expenses incurred. Michael J. O'Connor, Esq., of the Law Office of Michael O'Connor, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. O'Connor may be reached at: Michael J. O'Connor, Esq. Law Office of Michael O'Connor 8118 Datapoint Drive San Antonio, TX 78229 Phone: (210)614-6400 Fax: (210)614-6401 Based in Buda, Texas, Wheel and Tire Superstore, LLC -- fka Tires To You, LLC, fdba 4Tires2U, and fdba Small Town Tires -- filed a Chapter 11 bankruptcy petition (Bankr. W.D. Tex. Case No. 17-50096) on January 11, 2017. The Hon. Craig A. Gargotta presides over the case. Michael J. O'Connor, Esq., at the Law Office of Michael J. O'Connor, serves as the Debtor's Chapter 11 counsel. In its petition, the Debtor estimated under $50,000 in assets and under $10 million in liabilities. The petition was signed by Monica Grace, managing member. WHISKEY ONE: Hires Hogan Companies as Exclusive Broker ------------------------------------------------------ Whiskey One Eight, LLC seeks authorization from the U.S. Bankruptcy Court for the District of Maryland to employ The Hogan Companies as its exclusive broker to market and sell its Property. The Debtor is a Maryland limited liability company that owns a fifty-acre parcel, more or less, of real estate in the Laurel section of Anne Arundel County, Maryland. The property is located at 520 Brock Bridge Road, Laurel, Maryland 20724 and is commonly known as Riverwood. As the broker for the sale, Hogan Companies has agreed to market and sell the Property and front all expenses relating thereto, as appropriate, and to accept reimbursement for its reasonably incurred expense outlay and a commission, subject to Court approval, as follows: (a) In the event of sale, exchange or transfer of the Property when the buyer is represented by an agent other than Timothy S. Hogan of Hogan Companies, a commission equal to 5.0% of the total gross sale, exchange or transfer price. The Broker shall offer a buyer broker a 2.5% commission payable from the Broker's 5.0% commission at Closing; (b) In the event of a lease of part or all of the Property when the buyer is represented by an agent other than Timothy S. Hogan of Hogan Companies, a commission equal to 5.0% of the total gross rental to be paid under the initial term of the lease, with said Commission due and payable in full on or before the commencement date of the lease, to be paid on or before the commencement date of the lease. The Broker shall offer a buyer broker a 2.5% commission payable from the Broker's 5.0% commission at Closing; (c) In the event of sale, exchange or transfer of the Property when the buyer is not represented by a broker, a commission equal to 4.0% of the total gross sale, exchange or transfer price; (d) In the event of a lease of part or all of the Property when the buyer is not represented by a broker, a commission equal to 4.0% of the total gross rental to be paid under the initial term of the lease, with said Commission due and payable in full on or before the commencement date of the lease, to be paid on or before the commencement date of the lease; (e) In the event of sale, exchange or transfer of the Property when the buyer is on the Seller's list of "Identified Prospects", a commission equal to 2.5% of the total gross sale, exchange or transfer price; and if a business sale is also involved, the same percentage based upon the total gross sale price of the business entity or assets. No buyer broker commission shall be offered to or payable to any broker representing any Identified Prospects. For privacy purposes, the Identified Prospects are not referenced in this Agreement but have been agreed to by separate memorandum between the Seller and Broker; and (f) In the event the sale of the Property is cancelled as a result of (a) a refinance of the secured and/or unsecured debts, (b) an investment by a third party, (c) a joint venture agreement with a third party or (d) a sale to an entity related to any member of the Seller, the Broker shall be paid 2.5% of the consideration value, sales price, amount refinanced or transaction value, depending upon the nature of the transaction, at Closing. If a deposit made on any contract of sale, lease or other transfer of the Property is forfeited to the Debtor, or if all or part of the deposit is received by the Debtor as a settlement made by and between the Debtor and buyer/tenant, 25% percent of the amount forfeited or received at settlement, not to exceed $50,000, shall be paid to Hogan Companies for its services, but in no event shall the amount exceed an amount equal to the full Compensation specified in the Listing Contract. Timothy S. Hogan, realtor and team leader at The Hogan Companies, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estate. The broker can be reached at: Timothy S. Hogan THE HOGAN COMPANIES 2661 Riva Road, Suite 300 Annapolis, MD 21401 Tel: (410) 266-5100 E-mail: thogan@hogancompanies.com About Whiskey One Whiskey One Eight, LLC, is a Maryland limited liability company having a principal place of business in Anne Arundel County, Maryland. The Debtor was organized by the filing of Articles of Organization with the State Department of Assessments and Taxation on or about Aug. 9, 2005. It was organized to hold title to a valuable fifty-acre parcel, having a street address of 520 Brock Bridge Road, Laurel, Maryland 20724, commonly known as the Suburban Airport Property and to conduct development-related activities in connection with the Property. The Debtor filed a Chapter 11 bankruptcy petition (Bankr. D. Md. Case No. 15-19885) on July 15, 2015. Andrew Zois signed the petition as managing member. The Debtor disclosed total assets of $18,008,600 and total liabilities of $5,100,057 as of the Chapter 11 filing. Lawrence Joseph Yumkas, Esq., at Yumkas, Vedmar & Sweeney, LLC, as the Debtor's counsel. Judge David E. Rice presides over the case. The Debtor, on Feb. 10, 2016, filed with the U.S. Bankruptcy Court for the District of Maryland, Baltimore Division, a plan of reorganization, which impairs all general unsecured claims. A full-text copy of the Plan is available at http://bankrupt.com/misc/WOEplan0210.pdf WK CAPITAL: Seeks to Hire JP Weigand as Realtor ----------------------------------------------- WK Capital Enterprises, Inc. seeks approval from the U.S. Bankruptcy Court for the District of Kansas to hire a realtor. The Debtor proposes to hire JP Weigand & Sons, Inc. to market and sell its real property in Kansas, and pay the firm a commission of 6% of the sale price. The property will be listed for sale at $1.45 million. Bradley Tidemann, a real estate agent employed with JP Weigand, disclosed in a court filing that his firm does not hold or represent any interest adverse to the Debtor's bankruptcy estate. The firm can be reached through: Bradley Tidemann JP Weigand & Sons, Inc. 150 North Market Wichita, Kansas 67202 Phone: +1 316-262-6400 The Debtor is represented by: Edward J. Nazar, Esq. Hinkle Law Firm, LLC 301 North Main, Suite 2000 Wichita, KS 67202-4820 Tel: 316.267.2000 Fax: 316.264.1518 Email: ebn1@hinklaw.com About WK Capital Enterprises WK Capital Enterprises, Inc., and its subsidiaries Capital Pizza Huts, Inc., Capital Pizza Huts of Vermont, Inc., Capital Pizza of New Hampshire, Inc., are operators of 56 Pizza Hut restaurants in six states. The central business office location for the operation of the 56 restaurants is at 3445 North Webb Road, Wichita Kansas. WK Capital Enterprises, and its three units sought Chapter 11 protection (Bankr. D. Kan. Case Nos. 17-10073 to 17-10076) on Jan. 23, 2017. The petitions were signed by Kenneth Jay Wagnon, president. No trustee has been appointed and the Debtors remain in possession. WK Capital disclosed $1.82 million in total assets and $19.52 million in liabilities. The 11 U.S.C. Sec. 341 meeting of creditors is initially set for Feb. 17, 2017. The Debtors tapped Forker Suter LLC and Hinkle Law Firm LLC as co-counsel. WORKING ENTERPRISES: Buys Matrix Stake as Part of Reorganization ---------------------------------------------------------------- Working Enterprises Ltd. ("WE") and David Levi ("DL") each acquired ownership of 1 common share of Matrix Asset Management Inc. (the "Company") as part of a capital re-organization pursuant to a court order approving a Division I proposal under the Bankruptcy and Insolvency Act, R.S.C. 1985, c.B-3. The proposal provided for the compromise of indebtedness and release of claims of the affected creditors against the Company in exchange for contingent obligations issued by a wholly-owned subsidiary of the Company and provided for the cancellation of all issued and outstanding shares of the Company and the issuance of the Shares. On January 27, 2017 the Company filed Articles of Dissolution and upon issuance of a Certificate of Dissolution, the Company will be dissolved and cease to be a reporting issuer and WE and DL will cease to hold the Shares. Prior to the capital restructuring of the Company, DL had control, both directly and indirectly, of an aggregate of 6,397,773 common shares of the Company representing approximately 12.2% of the total outstanding common shares and WE had control, both directly and indirectly, of an aggregate of 16,938,801 common shares of the Company representing approximately 32.2% of the total outstanding common shares. Following the implementation of the capital restructuring, each of DL and WE hold 1 Share, each Share representing 50% of the total issued and outstanding shares of the Company, with the Share held by DL being subject to a voting trust agreement under which DL granted irrevocable voting control of the Share to WE. Headquartered in Vancouver, Canada, Working Enterprises Ltd., a holding company, provides financial, travel, and other services to unions, credit union members, and the general public. The company was founded in 1991 and is based in Vancouver, Canada. WTE-S&S AG: Can Use State Bank of Chilton Cash Until March 31 ------------------------------------------------------------- Judge Donald R. Cassling of the U.S. Bankruptcy Court for the Northern District of Illinois authorized WTE-S&S AG Enterprises LLC to use the State Bank of Chilton's cash collateral on an interim basis, from Feb. 1, 2017 through March 31, 2017. The approved Budget provides for total disbursements in the amount of $32,150 for the week of Feb. 6, 2017, and $43,150 for the week of March 6, 2017. The State Bank of Chilton is granted the following adequate protection: (1) The Debtor will permit the State Bank of Chilton to inspect the Debtor's books and records. (2) The Debtor will maintain and pay premiums for insurance to cover all of its assets from fire, theft and water damage. (3) The Debtor will make available to the State Bank of Chilton evidence of that which constitutes its collateral or proceeds. (4) The Debtor will properly maintain its assets in good repair and properly manage its business. (5) The State Bank of Chilton will be granted valid, perfected, enforceable security interests in and to the Debtor's post-petition assets, including all proceeds and products which are currently or may become property of the estate, to the extent and priority of its alleged pre-petition liens, but only to the extent of any diminution in value of such assets during the period from the Petition Date through March 31, 2017. A final hearing on the Debtor's Motion is scheduled on March 14, 2017 at 10:00 a.m. A full-text copy of the Interim Order, dated Jan. 25, 2017, is available at http://bankrupt.com/misc/WTES&S2016_1609913_134.pdf About WTE-S&S AG Enterprises LLC WTE-S&S AG Enterprises, LLC, is a limited liability company formed for the purpose of constructing an anaerobic digester on the largest dairy farm in Door County, Wisconsin, so as to generate electricity from harnessing methane extracted from animal waste. The Debtor filed for Chapter 11 bankruptcy protection (Bankr. N.D. Ill. Case No. 16-09913) on March 23, 2016. The petition was signed by James G. Philip, manager and designated representative. The Debtor is represented by David K. Welch, Esq., at Crane, Heyrnan, Simon, Welch & Clar. The case is assigned to Judge Donald R. Cassling. The Debtor estimated both assets and liabilities in the range of $1 million to $10 million at the time of the filing. XTERA COMMUNICATIONS: Court Approves $10.5MM Sale to H.I.G. Unit ---------------------------------------------------------------- The U.S. Bankruptcy Court for the District of Delaware on Jan. 30, 2017, entered an order authorizing the sale of substantially all of Xtera Communications, Inc., et al.'s assets free and clear of liens, claims, encumbrances and other interests, to H.I.G. Europe - Neptune Ltd., the stalking horse purchaser. HIG Neptune is an affiliate of HIG European Capital Partners LLP. Vince Sullivan, writing for Bankruptcy Law360, reports the deal is for $10.5 million. Law360 relates that Stuart Brown, Esq., at DLA Piper US LLP, the attorney for the Debtor, told the Court during a hearing that a planned auction was nixed when no other bidders came forward to make an offer and HIG Neptune was declared the successful bidder. As reported by the Troubled Company Reporter, the Debtors did not receive any qualified bids -- other than the bid submitted by the stalking horse bidder pursuant to the stalking horse agreement -- bidding for the fiber optic cable installer by the Jan. 23, 2017 deadline. Matt Chiappardi, writing for Bankruptcy Law360, previously reported that HIG put in a $10 million mostly credit bid offer. The Sale Order provides that the Purchaser is entitled to credit in the amount equal to $8,001,239 of the Allowed DIP Secured Claim in connection with calculating the Cash Consideration payable to the Debtors at closing. The credit, the Order states, will result in full and final satisfaction of the DIP Obligations under the DIP Credit Agreement, subject to, on the closing date of the transaction, payment by the Debtors to counsel to the DIP Agent in the amount of $25,000 for fees and expenses of counsel to the DIP Agent in accordance with teh Final DIP Order. The parties expect to close the sale transaction on Feb. 13, 2017. The Sale Order also provides that, to the extent that there is at least $900,000 in cash available after the DIP Obligations are satisfied in full or otherwise discharged at Closing in connection with the effectuation of the DIP Credit, and the sum of $1.7 million paid for the benefit of: -- Jon R. Hopper, -- New Enterprise Associates 9, LImited Partnership, -- New Enterprise Associates 10, LImited Partnership, and -- ARCH Venture Fund VI L.P., the next $900,000 of cash will be remitted to Cowan and Company, the Debtors' investment bankers, for fees incurred, ahead of Square 1 Bank and Horizon Technology Finance Corporation, or otherwise ordered by the Court. About Xtera Communications Xtera Communications and seven affiliated debtors filed for Chapter 11 protection (Bankr. D. Del. Lead Case No. 16-12577) on Nov. 15, 2016. The company sells telecommunications-related optical transport solutions. The company disclosed $50.47 million in assets and $66.45 million in total debt as of the bankruptcy filing. Xtera tapped DLA Piper LLP as legal counsel; Cowen & Company as investment banker; and Epiq Systems Inc. as claims agent. On Nov. 23, 2016, the Office of the U.S. Trustee appointed five creditors to serve on the official committee of unsecured creditors. Lawyers at Bayard P.A., and Lowenstein Sandler LLP serve as counsel to the committee while BDO USA, LLP (BDO) serves as its financial advisor. HIG Neptune, the postpetition lender, is represented by Allen & Overy LLP; and Morris, Nichols, Arsht & Tunnell LLP. Counsel to Wilmington Trust, N.A., the DIP Agent, is Kaye Scholer LLP. Counsel to the prepetition senior lender are Levy, Small & Lallas and Chipman Brown Cicero & Cole, LLP. Counsel to Horizon Technology Finance Corp., the prepetition subordinated lender, is K&L Gates LLP. YOGA SMOGA: Committee Taps CBIZ as Financial Advisor ---------------------------------------------------- The official committee of unsecured creditors of Yoga Smoga, Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of New York to hire a financial advisor. The committee proposes to hire CBIZ Accounting, Tax and Advisory of New York, LLC to provide these services: (a) participation in meetings, whether in-person or telephonically, with the committee or its counsel, as requested; (b) monitoring the Debtor's activities regarding cash expenditures and general business operations subsequent to the filing of the Chapter 11 petition; (c) managing or assisting in any investigation into the pre- bankruptcy acts, conduct, transfers of property, liabilities and financial condition of the Debtor, its management, or creditors; (d) analyzing transactions with vendors, insiders, related or affiliated entities, subsequent and prior to the date of the filing of the petition; (e) assisting the committee or its counsel in any litigation proceedings against insiders and other potential adversaries; and (f) reconstructing, if necessary, the Debtor's books and records prior to the bankruptcy filing. The firm will be paid at these hourly rates: Directors/Managing Directors $425 - $775 Managers/Senior Managers $370 - $450 Senior Associates/Staff $175 - $370 Esther Duval, CBIZ managing director, disclosed in a court filing that her firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Esther Duval CBIZ Accounting, Tax and Advisory of New York, LLC 5 Bryant Park New York, NY 10018 About Yoga Smoga Yoga Smoga, Inc. filed a chapter 11 petition (Bankr. S.D.N.Y. Case No. 16-13538) on Dec. 19, 2016. The petition was signed by Tapasya Bali, chief executive officer. The case is assigned to Judge Michael E. Wiles. The Debtor is represented by Jil Mazer-Marino, Esq., at Meyer, Suozzi, English & Klein, P.C. Joseph A. Broderick, PC serves as its accountant. The Debtor estimated assets and liabilities at $1 million to $10 million at the time of the filing. The Office of the U.S. Trustee on January 6, 2017, appointed an official committee of unsecured creditors. YOGA SMOGA: Committee Taps Klestadt Winters as Legal Counsel ------------------------------------------------------------ The official committee of unsecured creditors of Yoga Smoga, Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of New York to hire legal counsel. The committee proposes to hire Klestadt Winters Jureller Southard & Stevens LLP to give legal advice regarding its duties under the Bankruptcy Code, assist in the negotiation and preparation of a bankruptcy plan, and provide other legal services. Tracy Klestadt, Esq., the attorney designated to represent the committee, will be paid an hourly rate of $695. The hourly rates charged by other attorneys and paralegals of the firm are: Partners $495 - $595 Associates $275 - $395 Paralegals $175 Mr. Klestadt disclosed in a court filing that the firm is "disinterested" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Tracy L. Klestadt, Esq. Klestadt Winters Jureller Southard & Stevens LLP 200 West 41st Street, 17th Floor New York, NY 10036 Tel: (212) 972-3000 Fax: (212) 972-2245 About Yoga Smoga Yoga Smoga, Inc. filed a chapter 11 petition (Bankr. S.D.N.Y. Case No. 16-13538) on Dec. 19, 2016. The petition was signed by Tapasya Bali, chief executive officer. The case is assigned to Judge Michael E. Wiles. The Debtor is represented by Jil Mazer-Marino, Esq., at Meyer, Suozzi, English & Klein, P.C. Joseph A. Broderick, PC serves as its accountant. The Debtor estimated assets and liabilities at $1 million to $10 million at the time of the filing. The Office of the U.S. Trustee on January 6, 2017, appointed an official committee of unsecured creditors. [*] CFPB Sues Debt Relief Attorneys for Collecting Illegal Fees --------------------------------------------------------------- Dorothy Atkins, writing for Bankruptcy Law360, reports that the Consumer Financial Protection Bureau has filed a lawsuit against Howard Law PC and two other law firms in California federal court for allegedly running a debt-relief scheme that started in 2007 and took millions of dollars in "exorbitant" and illegal advance fees from consumers with large debts. According to Law360, the agency claimed that the defendants started working with the now-defunct debt relief company Morgan Drexen Inc., which another court had ordered to pay $173 million for its role in the scam. In a complaint filed in federal court, the CFPB alleges that Howard Law, P.C., the Williamson Law Firm, LLC, and Williamson & Howard, LLP, as well as attorneys Vincent Howard and Lawrence Williamson, ran this debt relief operation along with Morgan Drexen, Inc., which shut down in 2015 following the CFPB's lawsuit against that company. The CFPB seeks to stop the defendants' unlawful scheme, obtain relief for harmed consumers, and impose penalties. "The defendants exploited consumers who were already suffering financial difficulties by tricking them into paying steep, illegal fees," said CFPB Director Richard Cordray. "We put a stop to this scam once already, and we intend to do it again." Howard Law and Williamson & Howard are law firms based in Orange County, California. The Williamson Law Firm is registered in Kansas. Vincent Howard, Esq., is the president of Howard Law, and Lawrence Williamson, Esq., heads the Williamson Law Firm. Both are part owners of Williamson & Howard. These firms and lawyers offer debt relief services to consumers nationwide. The Telemarketing Sales Rule generally prohibits debt relief providers from charging a fee until they have actually settled, reduced, or changed the terms of at least one of the consumer's debts. It also limits the types of fees a debt relief provider can charge for already settled debts. Under this rule, consumers facing financial difficulties should not pay any fees for debt relief until they receive the services they signed up for. The CFPB's complaint alleges that the defendants violated the Telemarketing Sales Rule by collecting illegal fees and deceiving consumers about being charged upfront fees. Consumers seeking debt relief help from the attorneys in this case were given two contracts, one for debt settlement services and the other for bankruptcy-related services. The CFPB alleges that consumers who signed up sought services only for debt relief and not bankruptcy. The contract given to consumers related to bankruptcy was a ruse to disguise illegal upfront fees. The CFPB alleges that the attorneys collected tens of millions of dollars in unlawful fees this way from consumers, and often failed to settle any debts. The defendants also assisted illegal debt relief practices by Morgan Drexen, Inc., and its president and chief executive officer, Walter Ledda. In 2015, the CFPB secured a judgment against Ledda for participating in the unlawful debt relief operation. In 2016, the CFPB secured a judgment against Morgan Drexen for the same conduct. The attorneys named in the case had worked alongside Morgan Drexen and Mr. Ledda to collect illegal fees, then took over the operation after the CFPB halted Morgan Drexen's and Mr. Ledda's illegal activities. The CFPB's complaint is available at https://is.gd/wt6KA1 The Consumer Financial Protection Bureau -- consumerfinance.gov -- is an agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. [*] J Pegues Joins Huron's Healthcare Practice as Managing Director ------------------------------------------------------------------- Global professional services firm Huron on Jan. 30, 2017, disclosed that J Pegues has joined the firm's healthcare practice as managing director. Mr. Pegues will work with healthcare leaders to help transform their organizations through the design and implementation of new organizational structures, delivery systems and innovative care models to improve patient access, quality of care and profitability. "Today's healthcare executive is responsible for setting the strategic direction of their organization and identifying opportunities for future growth, all while facing significant economic and regulatory pressures, non-traditional competitors and a market that continues to evolve to value-based care models and a more consumer-based approach," said Ted Schwab, managing director, Huron's healthcare business. "J's successful track record of leading healthcare organizations and academic medical centers through significant change will help our clients tackle their most pressing problems." Mr. Pegues has extensive strategy, business development and leadership experience with organizations such as Aetna, Coventry Health Care, CIGNA and Humana. He most recently served as vice chancellor, chief operating and administrative officer at Louisiana State University, where he was responsible for all vision, strategy, planning, execution, operations and financial performance of the university's Health Sciences Center. Mr. Pegues began his career in management consulting specializing in troubled company and Chapter 11 bankruptcy turnarounds. About Huron Huron -- http://www.huronconsultinggroup.com/-- is a global professional services firm committed to achieving sustainable results in partnership with its clients. The company brings depth of expertise in strategy, technology, operations, advisory services and analytics to drive lasting and measurable results in the healthcare, higher education, life sciences and commercial sectors. [*] Jenner & Block Names Appellate & Sup. Court Practice Co-Chairs ------------------------------------------------------------------ Jenner & Block on Jan. 30, 2017, disclosed that Washington DC Partners Matthew S. Hellman and Jessica Ring Amunson along with Chicago Partner Michael T. Brody have been named co-chairs of the firm's Appellate and Supreme Court Practice. "We are excited to have Matt, Jessie and Mike lead our team of talented appellate practitioners," said the firm's Managing Partner Terrence J. Truax. "They are part of Jenner & Block's next generation of appellate advocates and have already amassed an impressive record of appellate success at the highest levels and in the most significant cases. Our firm has had the great privilege to be on the front lines of cutting-edge appellate work in our country for decades. We look forward to continuing that tradition in the years to come." The appointment of Mr. Hellman, Ms. Amunson and Mr. Brody follows the departure of Chair Paul M. Smith, who is leaving the firm to teach at Georgetown University Law Center and litigate for voting rights and campaign finance reform at the nonprofit Campaign Legal Center. "It is an honor and a privilege to lead Jenner & Block's Appellate and Supreme Court Practice, helping clients prevail in some of their most complex and difficult matters," Mr. Hellman, Ms. Amunson and Mr. Brody said jointly. "A hallmark of our practice has been our ability to dig in and work hand-in-hand with our clients to guide them through the appellate process. We look forward to leading our talented team in continuing to provide appellate counseling that is second to none." Mr. Hellman is a former clerk to now-retired US Supreme Court Justice David H. Souter; Ms. Amunson clerked for the Hon. Merrick B. Garland of the US Court of Appeals for the DC Circuit and Mr. Brody clerked for the late US Supreme Court Justice Antonin Scalia when Justice Scalia served on the US Court of Appeals for the DC Circuit. Mr. Hellman, Ms. Amunson and Mr. Brody will lead a deep bench of talented partners and associates in the practice that includes a number of former clerks at all the levels of the judiciary, including the US Supreme Court. The group is poised for continued success. This term, for example, the Jenner & Block team is slated to argue four cases before the US Supreme Court in addition to dozens of appeals in other courts across the country. "This is an exciting time for our Appellate and Supreme Court Practice as both our established practitioners and our next generation of advocates are contributing their many talents to our client engagements and to the continued expansion of our work," said Craig C. Martin, chair of the firm's Litigation Practice. The Jenner & Block Appellate and Supreme Court group has a long tradition of excellence. In 2016, for the eighth consecutive year, Jenner & Block was named to The National Law Journal's "Appellate Hot List". The firm's Appellate and Supreme Court Practice has also been consistently recognized in Chambers USA as being among the nation's foremost appellate law practices. About The Co-Chairs Matthew S. Hellman -- Mr. Hellman has been lead counsel in dozens of appellate matters and has presented arguments in the US Supreme Court and in federal and state appellate courts throughout the country. During his career, he has been responsible for $1 billion of commercial cases on appeal, prevailing in the Supreme Court in important bankruptcy, copyright, First Amendment and administrative law cases. Mr. Hellman maintains a substantial pro bono practice including matters with significant commercial implications, such as his win in the US Supreme Court in Law v. Siegel, which was called the most important bankruptcy case of that term. He serves as co-director of the Jenner & Block University of Chicago Law School Supreme Court and Appellate Clinic. Mr. Hellman clerked for Justice David H. Souter and for the Honorable Michael Boudin of the US Court of Appeals for the First Circuit. A graduate of Swarthmore College with a B.A., Highest Honors and Phi Beta Kappa, he received his law degree, magna cum laude, from Harvard Law School where he was president of the Harvard Law Review. Jessica Ring Amunson -- Ms. Amunson regularly represents clients in both merits and amicus briefing before the US Supreme Court. An experienced litigator who has briefed and argued matters before numerous federal and state appellate, as well as trial courts, Ms. Amunson's appellate and Supreme Court work has covered a broad range of topics including voting rights issues, First Amendment challenges, insurance coverage disputes, ERISA issues, breach-of-contract cases and administrative law matters. She received her law degree, magna cum laude, from Harvard Law School, where she served as articles editor for the Harvard Law Review. She received her B.A., magna cum laude and Phi Beta Kappa, and M.A. from Georgetown University. Ms. Amunson clerked for the Honorable Merrick B. Garland of the US Court of Appeals for the District of Columbia Circuit. Michael T. Brody -- Mr. Brody is an experienced litigator who tries cases in state and federal courts and in alternative dispute resolution proceedings. In addition to his trial practice, he has argued more than a dozen appeals in the Seventh Circuit, the Illinois Appellate Court and the Illinois Supreme Court. Mr. Brody also teaches at the University of Chicago Law School. He is a past president of the Seventh Circuit Bar Association, having previously served as its first vice president, secretary, member of the board of governors and a committee chair. A graduate of the University of Wisconsin, with Distinction and Phi Beta Kappa, he received his law degree, cum laude, from the University of Chicago Law School, where he was Order of the Coif and served as comment editor and was on the editorial board for the University of Chicago Law Review. Mr. Brody clerked for the late Justice Antonin Scalia when Justice Scalia served as a judge on the US Court of Appeals for the District of Columbia Circuit. About Jenner & Block's Appellate and Supreme Court Practice Jenner & Block's Appellate and Supreme Court Practice lawyers combine exceptional skills in crafting persuasive briefs and oral arguments with extensive experience shepherding high-stakes matters through appellate courts. It appears before federal and state appellate courts on a range of issues and also have an extensive amicus practice before the US Supreme Court and other appellate courts and regularly brief, argue and advise on complex legal issues that arise in various trial-level fora. About Jenner & Block Jenner & Block -- http://www.jenner.com/-- is a law firm with global reach, with more than 500 lawyers and offices in Chicago, London, Los Angeles, New York and Washington, DC. The firm is known for its prominent and successful litigation practice and experience handling sophisticated, high-profile corporate transactions. Firm clients include Fortune 100 companies, large privately held corporations, financial services institutions, emerging companies, and venture capital and private equity investors. In 2016, The American Lawyer named Jenner & Block to the A-List, which recognizes the top 20 US law firms. The American Lawyer has also recognized the firm as the #1 pro bono firm in the United States in six of the past nine years; the firm has been ranked among the top 10 in this category every year since 1990. [*] SIPC Warns Investors About Scam Involving Misuse of Name ------------------------------------------------------------ The Securities Investor Protection Corporation ("SIPC") is warning investors and the general public of a scam involving the misuse of SIPC's name. SIPC protects customers of failed securities broker-dealers that are members of SIPC and that are in liquidation under the Securities Investor Protection Act ("SIPA"). In a SIPA liquidation proceeding, SIPC advances funds to replace customers' missing cash and securities. In addition, trustees under SIPA may seek to recover missing customer assets for distribution to customers. Recently, it was reported in a news source that an individual or business fraudulently claimed to have been commissioned by SIPC to help a defrauded investor recover his money. The investor allegedly was told that he would need to pay the fraudster, in advance, a percentage of the lost sum in order to complete the recovery process. The representations made were false. Investors should be aware of the following: -- Pending customer protection proceedings are listed on SIPC's webpage at http://www.sipc.org/cases-and-claims/open-cases. The webpage also contains information about the case and contact information for the trustee overseeing the liquidation. -- A SIPA liquidation proceeding always takes place under the supervision of a federal Bankruptcy Court. -- Only the court-approved trustee and counsel in the SIPA proceeding generally are authorized to recover customer property. -- Trustee and counsel are paid for their services with brokerage firm funds or if such funds are unavailable, out of SIPC funds. Such compensation is subject to approval by the Bankruptcy Court. -- Customers will never be asked to pay any amount to assist in the recovery process in the liquidation proceeding or to process their claims. -- All amounts recovered for customers are shared pro rata by customers and distributed in the liquidation proceeding, with court approval. -- In a SIPA liquidation, SIPC does not "commission" individuals or businesses to recover assets for any individual customer. Should you have a question about a notice or unsolicited call that you receive that involves SIPC, or if you are the subject, or suspect that you may be the target, of such a scam, or otherwise become aware of a misuse of SIPC's name, SIPC asks that you report the fraud or potential fraud to SIPC by e-mail at asksipc@sipc.org or by telephone at 202-371-8300. [^] BOOK REVIEW: Hospitals, Health and People --------------------------------------------- Author: Albert W. Snoke, M.D. Publisher: Beard Books Softcover: 232 pages List Price: $34.95 Review by Francoise C. Arsenault Order your personal copy today at http://www.beardbooks.com/beardbooks/hospitals_health_and_people.html Hospitals, Health and People is an interesting and very readable account of the career of a hospital administrator and physician from the 1930's through the 1980's, the formative years of today's health care system. Although much has changed in hospital administration and health care since the book was first published in 1987, Dr. Snoke's discussion of the evolution of the modern hospital provides a unique and very valuable perspective for readers who wish to better understand the forces at work in our current health care system. The first half of Hospitals, Health and People is devoted to the functional parts of the hospital system, as observed by Dr. Snoke between the late 1930's through 1969, when he served first as assistant director of the Strong Memorial Hospital in Rochester, New York, and then as the director of the Grace-New Haven Hospital in Connecticut. In these first chapters, Dr. Snoke examines the evolution and institutionalization of a number of aspects of the hospital system, including the financial and community responsibilities of the hospital administrator, education and training in hospital administration, the role of the governing board of a hospital, the dynamics between the hospital administrator and the medical staff, and the unique role of the teaching hospital. The importance of Hospitals, Health and People for today's readers is due in large part to the author's pivotal role in creating the modern-day hospital. Dr. Snoke and others in similar positions played a large part in advocating or forcing change in our hospital system, particularly in recognizing the importance of the nursing profession and the contributions of non-physician professionals, such as psychologists, hearing and speech specialists, and social workers, to the overall care of the patient. Throughout the first chapters, there are also many observations on the factors that are contributing to today's cost of care. Malpractice is just one example. According to Dr. Snoke, "malpractice premiums were negligible in the 1950's and 1960's. In 1970, Yale-New Haven's annual malpractice premiums had mounted to about $150,000." By the time of the first publication of the book, the hospital's premiums were costing about $10 million a year. In the second half of Hospitals, Health and People, Dr. Snoke addresses the national health care system as we've come to know it, including insurance and cost containment; the role of the government in health care; health care for the elderly; home health care; and the changing role of ethics in health care. It is particularly interesting to note the role that Senator Wilbur Mills from Arkansas played in the allocation of costs of hospital-based specialty components under Part B rather than Part A of the Medicare bill. Dr. Snoke comments: "This was considered a great victory by the hospital-based specialists. I was disappointed because I knew it would cause confusion in working relationships between hospitals and specialists and among patients covered by Medicare. I was also concerned about potential cost increases. My fears were realized. Not only have health costs increased in certain areas more than anticipated, but confusion is rampant among the elderly patients and their families, as well as in hospital business offices and among physicians' secretaries." This aspect of Medicare caused such confusion that Congress amended Medicare in 1967 to provide that the professional components of radiological and pathological in-hospital services be reimbursed as if they were hospital services under Part A rather than part of the co- payment provisions of Part B. At the start of his book, Dr. Snoke refers to a small statue, Discharged Cured, which was given to him in the late 1940's by a fellow physician, Dr. Jack Masur. Dr. Snoke explains the significance the statue held for him throughout his professional career by quoting from an article by Dr. Masur: "The whole question of the responsibility of the physician, of the hospital, of the health agency, brings vividly to mind a small statue which I saw a great many years ago.it is a pathetic little figure of a man, coat collar turned up and shoulders hunched against the chill winds, clutching his belongings in a paper bag-shaking, tremulous, discouraged. He's clearly unfit for work-no employer would dare to take a chance on hiring him. You know that he will need much more help before he can face the world with shoulders back and confidence in himself. The statuette epitomizes the task of medical rehabilitation: to bridge the gap between the sick and a job." It is clear that Dr. Snoke devoted his life to exactly that purpose. Although there is much to criticize in our current healthcare system, the wellness concept that we expect and accept today as part of our medical care was almost nonexistent when Dr. Snoke began his career in the 1930's. Throughout his 50 years in hospital administration, Dr. Snoke frequently had to focus on the big picture and the bottom line. He never forgot the importance of Discharged Cured, however, and his book provides us with a great appreciation of how compassionate administrators such as Dr. Snoke have contributed to the state of patient care today. Albert Waldo Snoke was director of the Grace-New Haven Hospital in New Haven, Connecticut from 1946 until 1969. In New Haven, Dr. Snoke also taught hospital administration at Yale University and oversaw the development of the Yale-New Haven Hospital, serving as its executive director from 1965-1968. From 1969- 1973, Dr. Snoke worked in Illinois as coordinator of health services in the Office of the Governor and later as acting executive director of the Illinois Comprehensive State Health Planning Agency. Dr. Snoke died in April 1988. ********* Monday's edition of the TCR delivers a list of indicative prices for bond issues that reportedly trade well below par. Prices are obtained by TCR editors from a variety of outside sources during the prior week we think are reliable. Those sources may not, however, be complete or accurate. The Monday Bond Pricing table is compiled on the Friday prior to publication. Prices reported are not intended to reflect actual trades. Prices for actual trades are probably different. Our objective is to share information, not make markets in publicly traded securities. Nothing in the TCR constitutes an offer or solicitation to buy or sell any security of any kind. It is likely that some entity affiliated with a TCR editor holds some position in the issuers public debt and equity securities about which we report. Each Tuesday edition of the TCR contains a list of companies with insolvent balance sheets whose shares trade higher than $3 per share in public markets. At first glance, this list may look like the definitive compilation of stocks that are ideal to sell short. Don't be fooled. Assets, for example, reported at historical cost net of depreciation may understate the true value of a firm's assets. A company may establish reserves on its balance sheet for liabilities that may never materialize. The prices at which equity securities trade in public market are determined by more than a balance sheet solvency test. On Thursdays, the TCR delivers a list of recently filed Chapter 11 cases involving less than $1,000,000 in assets and liabilities delivered to nation's bankruptcy courts. The list includes links to freely downloadable images of these small-dollar petitions in Acrobat PDF format. Each Friday's edition of the TCR includes a review about a book of interest to troubled company professionals. All titles are available at your local bookstore or through Amazon.com. Go to http://www.bankrupt.com/books/to order any title today. Monthly Operating Reports are summarized in every Saturday edition of the TCR. The Sunday TCR delivers securitization rating news from the week then-ending. TCR subscribers have free access to our on-line news archive. Point your Web browser to http://TCRresources.bankrupt.com/and use the e-mail address to which your TCR is delivered to login. ********* S U B S C R I P T I O N I N F O R M A T I O N Troubled Company Reporter is a daily newsletter co-published by Bankruptcy Creditors Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Jhonas Dampog, Marites Claro, Joy Agravante, Rousel Elaine Tumanda, Valerie Udtuhan, Howard C. Tolentino, Carmel Paderog, Meriam Fernandez, Joel Anthony G. Lopez, Cecil R. Villacampa, Sheryl Joy P. Olano, Psyche A. Castillon, Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2017. All rights reserved. ISSN: 1520-9474. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The TCR subscription rate is $975 for 6 months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552. *** End of Transmission ***