/raid1/www/Hosts/bankrupt/TCR_Public/190212.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Tuesday, February 12, 2019, Vol. 23, No. 42
Headlines
1234 PACIFIC: Hires Yitzhak Law Group as Counsel
22 MAPLE STREET: $4.3M Sale of 20 Kinmonth's Newton Property Okayed
3600 ASHE: Needs Further Use of Cash Collateral Through June 1
AMBOY GROUP: Feb. 19 Auction of Substantially All Assets Set
APEX XPRESS: Seeks to Hire Ronald H. Scherr as Accountant
ARABELLA PETROLEUM: Trustee's Auction of Royalty Interests Approved
ARBORSCAPE INC: May Continue Using Cash Collateral Until Feb. 28
ARCHBISHOP OF AGANA: Allowed to Use FHB Cash Collateral
ARCHBISHOP OF AGANA: May Use Bank of Hawaii Cash Collateral
ASPEN MANOR: Seeks to Hire Feldman Sablosky as Accountant
BLACK BOX: Dimensional Fund Has 5.9% Stake as of Dec. 31
CARE PRODUCTS: Wants to Continue Using Cash Collateral
CARRIERWEB LLC: $650K Sale of All Assets to ID Systems Approved
CCS ONCOLOGY: Permitted to Pay Timothy Carlo, The Reds Group
CELADON GROUP: Dimensional Fund Has 3.4% Stake as of Dec. 31
CHICAGO SURGICAL: Hires Alexander Bogachkov as Accountant
CHILDRESS GATEWAY: Judge Denies Access to Cash Collateral
COMMUNITY HEALTH: Dimensional Fund Has 3.3% Stake as of Dec. 31
COMSTOCK RESOURCES: Carl H. Westcott Has Less Than 1% Stake
CONSOLIDATED INFRASTRUCTURE: Taps Omni as Claims Agent
CURAE HEALTH: Hires Great American as Valuation Service Provider
DEMERX INC: Feb. 26 Plan Confirmation Hearing
DOMINO ONE: Hires Andersen Law Firm as General Counsel
DORIAN LPG: Dimensional Fund Owns 5.76% of Common Stock
DUMITRU MEDICAL: $25K Sale of Cleveland Property to Gonzalez Okayed
DWS CLOTHING: Cash Collateral Motion Continued to May 16
EDWARD ASSOCIATES: March 20 Plan, Disclosure Statement Hearing
ELEMENTS BEHAVIORAL: Seeks Supplement $1.1MM in Bankr. Financing
ELEVATED ANALYTICS: Seeks to Hire Prince Yeates as Counsel
FLYING SOFTWARE: $500K Sale of All Assets to Night Flight Approved
FTTE LLC: Seeks Continued Use of FTTE Finance Cash Collateral
GYMBOREE GROUP: Seeks to Hire Kutak Rock as Co-Counsel
GYMBOREE GROUP: Seeks to Hire Milbank Tweed as Counsel
HALCYON VALENCIA: Seeks to Hire Margulies Faith as Counsel
HUT AIRPORT: Trustee Hires Bennington Moshofsky as Accountant
ICONIX BRAND: Dimensional Fund Is No Longer a Shareholder
INDUSTRIAL LAB: $50K Sale of Assets to Industrial Lab Assoc. Okayed
INNOVATIVE MATTRESS: Hires Jackson, Morris as Special Counsels
KC7 RANCH: CMP's $32.5M Sale of All Assets to Franklin Approved
KING FARMS: Seeks Authorization to Use Cash Collateral
LUBY'S INC: Dimensional Fund Has 7.4% Stake as of Dec. 31
LUNA DEVELOPMENTS: Receiver Hires Furr Cohen as Counsel
MAYFLOWER COMMUNITIES: Hires Donlin as Claims and Noticing Agent
MCCLATCHY CO: Dimensional Fund Owns 4.9% of Class A Shares
MEYERS-STERNER INDUSTRIES: Hires ChildersLaw as Counsel
MGTF RADIO: Taps Diamond McCarthy as Special Counsel
MIKE TAMANA: Case Summary & 20 Largest Unsecured Creditors
MISSION COAL: Disclosures Okayed, March 20 Plan Hearing Set
MOUNT JOY BAPTIST: Case Summary & 11 Unsecured Creditors
NASHVILLE PHARMACY: Taps PYA to Provide Accounting Services
NEIGHBORHOOD HEALTH: Trustee Taps Huron as Consultant
NIAGARA FRONTIER: Cash Collateral Hearing Continued to March 6
NINE WEST: Seeks Court Approval of $512-Mil. in Exit Financing
OUR TOWN ASSOCIATES: March 15 Plan Confirmation Hearing
PATIENT CARE: Ombudsman Hires Resnik Hayes as Counsel
PERTL RANCH: Seeks to Hire Eron Law as Counsel
PETER JENSEN: $108K Sale of Standish Property BYK, LLC Approved
PIONEER ENERGY: Dimensional Fund Has 8.3% Stake as of Dec. 31
POC PROPERTIES: $2.1M Sale of Albuquerque Property to 5120 Approved
QUALITY CONSTRUCTION: Ally Bank Opposes OK of Latest Plan Outline
REPUBLIC OF TEXAS: Court Enters Default Judgment Against LSW, Li
RIO MALL: Judge Signs Agreed Final Order Disposing Cash Collateral
RUBBER SOUL: Seeks to Hire Schiffman Sheridan as Co-Counsel
SAM KANE: JDH Capital $28MM Offer Named Successful Bid for Assets
SAM KANE: Seeks Access to Estate Property, Cash Collateral
SCOTTY'S HOLDINGS: Gets Final OK to Access Cash Until March 31
SENIOR CARE: Ombudsman Hires Nelson Mullins as Counsel
TEMPEST GROUP: March 19 Disclosure Statement Hearing
THURSTON MANUFACTURING: Seeks Authority to Use Cash Collateral
TORTIA INVESTMENTS: Hires Vero Real as Real Estate Agent
UPPER CUTS: Seeks Approval of Suntrust Cash Collateral Stipulation
VISITING NURSE: Taps American HealthCare to Market Assets
WEATHERFORD INTERNATIONAL: Vanguard Group Reports 6% Stake
[^] Large Companies with Insolvent Balance Sheet
*********
1234 PACIFIC: Hires Yitzhak Law Group as Counsel
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1234 Pacific Management LLC, seeks authority from the U.S.
Bankruptcy Court for the Eastern District of New York to employ The
Yitzhak Law Group, as counsel to the Debtor.
1234 Pacific requires Yitzhak Law Group to:
a. advise the Debtor with respect to its powers and duties as
debtors-in-possession in the management of its estate;
b. assist in any amendments of Schedules and other financial
disclosures and in the preparation, review and amendment of
a disclosure statement and plan or reorganization;
c. negotiate with the Debtor's creditors and taking the
necessary legal steps to confirm and consummate a plan of
reorganization;
d. prepare on behalf of the Debtor all necessary motions,
applications, answers, proposed orders, reports and other
papers to be filed by the Debtor in this case;
e. appear before the Bankruptcy Court to represent and protect
the interest of the Debtor and its estate; and
f. perform all other legal services for the Debtor that may be
necessary and proper for an effective reorganization as
well as other professional and litigation services as may
be required.
Yitzhak Law Group will be paid based upon its normal and usual
hourly billing rates. Yitzhak Law Group will be paid a retainer in
the amount of $15,000.
Yitzhak Law Group will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Erica T. Yitzhak, partner of The Yitzhak Law Group, 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/its
estates.
Yitzhak Law Group can be reached at:
Erica T. Yitzhak, Esq.
THE YITZHAK LAW GROUP
17 Barstow Road, Suite 406
Great Neck, NY 11021
Telephone: (516) 466-7144
Facsimile: (516) 466-7145
E-mail: erica@etylaw.com
About 1234 Pacific Management
1234 Pacific Management LLC, based in Brooklyn, NY, filed a Chapter
11 petition (Bankr. E.D.N.Y. Case No. 19-40026) on Jan. 3, 2019.
In the petition signed by Isaac Schwartz, managing member, the
Debtor disclosed $6,000 in assets and $4,611,272 in liabilities.
The Hon. Nancy Hershey Lord oversees the case. Erica T. Yitzhak,
Esq., at The Yitzhak Law Group, serves as bankruptcy counsel to the
Debtor.
22 MAPLE STREET: $4.3M Sale of 20 Kinmonth's Newton Property Okayed
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Judge Nancy Hershey Lord of the U.S. Bankruptcy Court for the
Eastern District of New York authorized the private sale by 20
Kinmonth Road, LLC ("Waban Debtor"), an affiliate of 22 Maple
Street, LLC, of substantially all of the real estate it owned and
located at 20 Kinmonth Road, Newton, Massachusetts, to Armando
Petruzziello or his nominee for $4.25 million.
The sale is free and clear of all liens, claims, encumbrances and
other interests.
All time periods set forth in the Order will be calculated in
accordance with Bankruptcy Rule 9006(a).
The proceeds of the Sale will be paid on the Closing Date pursuant
to the terms of the Final APA.
About 22 Maple Street
22 Maple Street, LLC and affiliates 25 Oriol Drive, LLC, 59
Coolidge Road, LLC, and 20 Kinmonth Road, LLC filed for Chapter 11
bankruptcy protection (Bankr. E.D.N.Y. Case Nos. 18-40816-19) on
Feb. 14, 2018, and are represented by Kevin J Nash, Esq., of
Goldberg Weprin Finkel Goldstein LLP. YC Rubin, chief
restructuring officer, signed the petitions.
The Debtors were organized in 2013 to acquire real property
associated with four nursing homes under the so-called "Villages"
portfolio. The Properties are each encumbered by a first mortgage
lien and security interest securing four term loans in the
original
aggregate balance of $36,856,627, made in March 2014, with Capital
Finance LLC as agent for the syndicated lenders. Each of the
Debtors is an affiliate of 90 West Street LLC (which sought
bankruptcy protection on Jan. 30, 2018, Case No. 18-40515) and Keen
Equities LLC (which sought bankruptcy protection on Nov. 12, 2013,
Case No. 13-46782.
Each of the Debtors listed their estimated assets as $1 million to
$10 million and estimated liabilities as $10 million to $50
million.
3600 ASHE: Needs Further Use of Cash Collateral Through June 1
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3600 Ashe, LLC seeks authority from the U.S. Bankruptcy Court for
the Central District of California to use the cash collateral of
those entities identified as the Debtor's secured lenders or
lienholders who purport to have a security interest or lien in the
rents generated from the condominium complex located at 3600 Ashe
Road, Bakersfield, California 93309.
The Debtor seeks authority to further use of cash collateral
through and including, June 1, 2019, in accordance with the Budget,
subject to a 15.0% variance. The Debtor believes such use of cash
collateral will allow the Debtor to pay any and all ordinary and
necessary operating and administrative expenses of the Debtor in
order to continue its business operations and preserve the value of
its assets.
The Debtor proposes providing the following adequate protection to
the Lenders:
(1) replacement liens (a) to the same extent, validity, and
priority as their respective prepetition liens, (b) to the extent
of any diminution in value of their respective interests in the
Debtor Units and (c) to the extent of the Debtor's use of their
respective Cash Collateral, in the Debtor's assets, including
after-acquired property of any nature whatsoever, except for any
avoidance actions and the proceeds or recovery thereof, and
(2) monthly payments (but only to certain Lenders):
(a) V.I.P. Trust Deed Company, as servicing agent for the
various individuals and entities listed on the Lenders Schedule,
will receive a monthly payment in the amount of $475 on account of
each of the 15 first-priority liens encumbering a single, separate
Debtor Unit, as identified in the Lenders Schedule (i.e., a total
of $7,125 each month), and
(2) Interstate 2010-1 Fund LLC will receive a monthly
payment in the amount of $500 on account of each of the three
second-priority, crosscollateralized liens encumbering a separate
set of the Debtor Units, as identified in the Lenders Schedule
(i.e., a total of $1,500 each month).
The Adequate Protection Payments will be due on the following
dates: (1) the date that is three business days following entry of
this order, (2) March 10, 2019, (3) April 10, 2019, and (4) May 10,
2019.
A full-text copy of the Debtor's Motion is available at
http://bankrupt.com/misc/cacb17-25614-206.pdf
About 3600 Ashe LLC
3600 Ashe, LLC, based in Glendale, CA, filed a Chapter 11 petition
(Bankr. C.D. Cal. Case No. 17-25614) on Dec. 26, 2017. In the
petition signed by Stephen Hall, managing member, the Debtor
estimated $1 million to $10 million in both assets and liabilities.
The Hon. Deborah J. Saltzman presides over the case. Dean G.
Rallis Jr., Esq., at Anglin Flewelling Rasmussen Campbell & Trytten
LLP, serves as bankruptcy counsel to the Debtor; and DTLA Real
Estate, Inc., as its real estate broker.
AMBOY GROUP: Feb. 19 Auction of Substantially All Assets Set
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Judge Christie M. Gravelle of the U.S. Bankruptcy Court for the
District of New Jersey authorized the bidding procedures of Amboy
Group, LLC and its debtor-affiliates in connection with the sale of
substantially all assets of Amboy to United Premium Foods, LLC
("UPF") for $1.5 million; and (i) CLU Amboy, LLC's assets to Amboy
Woodbridge Realty, LLC ("AWR") for $13 million, subject to
overbid.
The salient terms of the Bidding Procedures are:
a. Bid Deadline: Feb. 13, 2019 at 5:00 p.m. (ET)
b. Baseline Bid: By 5:00 p.m. (ET) two days before the
Auction, the Debtor will (a) notify each qualified bidder that has
timely submitted a qualified bid whether its Bid is a qualified
bid, (b) will provide the list of qualified bidders to the Bid
Notice Parties, and (c) will provide all qualified bidders and the
Bid Notice Parties with copies of the qualified bid that the Debtor
believes is the highest or otherwise best offer for the Assets.
c. Auction: The Debtor will conduct an Auction on Feb. 19,
2019 at 12:00 p.m. (ET) at the offices of McManimon, Scotland &
Baumann, LLC, 75 Livingston Avenue, Suite 201, Roseland, New Jersey
07068
d. Bid Increments: The bidding at the Auction will begin with
the Baseline Bid; thereafter the initial overbid must be at least
$350,000 and then continue in minimum increments of at least
$100,000, and conclude after each participating Bidder has had the
opportunity to submit one or more additional Bids.
e. Sale Hearing: Feb. 20, 2019 at 2:00 p.m. (ET)
f. Sale Objection Deadline: Feb. 13, 2019 at 5:00 p.m.
To the extent applicable, the notice requirements of Bankruptcy
Rule 6004(a) are waived. Notwithstanding the possible
applicability of the provisions of Bankruptcy Rule 6004 or any
applicable provisions of the Local Rules, the Order will not be
stayed for 14 days after the entry thereof, but will be effective
and enforceable immediately upon entry.
All cash proceeds of the sale of the Debtor’s real property
located at 1 Amboy Avenue, Woodbridge, New Jersey 07095 will be
held in an escrow account with McManimon, Scotland & Baumann, LLC,
and will only be distributed pursuant to a further order of the
Court, and in accordance with the priorities provided in the
Bankruptcy Code and applicable law.
A copy of the Bidding Procedures attached to the Order is available
for free at:
http://bankrupt.com/misc/Amboy_Group_468_Order.pdf
About Amboy Group
Amboy Group LLC, d/b/a Tommy Moloney's, d/b/a Agnelli's Gourmet,
d/b/a Amboy Cold Storage, is a provider of food products and
temperature controlled warehouses. Its food processing and cold
storage facility serves as a manufacturer/distributor of authentic
Irish and Italian meat products in America. Amboy Group's facility
is USDA, FDA and SQF 2000 certified.
CLU Amboy, LLC, is the fee simple owner of a real property located
at 1 Amboy Avenue Woodbridge, NJ 07095 with an appraised value of
$13 million. CLU Amboy reported gross revenue of $624,444 in 2016
and gross revenue of $644,066 in 2015.
Amboy Group holds a 51% interest in an American entity known as
Parmacotta-Amboy NA, LLC, that distributes Italian meats. The
remaining 49% is owned by an American entity known as Parmacotto
America. Parmacotto America is owned by Paramcotto sPa.
Parmacotto sPa has been subject to insolvency proceedings in Italy
for approximately two and half years, during which time, no revenue
has flowed from Parmacotto sPa to Amboy Group. Amboy Group's gross
revenue amounted to $10.01 million in 2016 and $6.26 million in
2015.
Amboy Group LLC and its affiliate CLU Amboy filed Chapter 11
petitions (Bankr. D.N.J. Case Nos. 17-31653 and 17-31647) on Oct.
25, 2017. At the time of filing, the Amboy Group reported $1.48
million in assets and $7.11 million in liabilities, while CLU
Amboy
reported $13.34 million in assets and $10.78 million in
liabilities.
The Hon. Christine M. Gravelle oversees the case.
The Debtors tapped Anthony Sodono, III, Esq., and Sari Blair
Placona, Esq., of Trenk, DiPasquale, Della Fera & Sodono, P.C., as
bankruptcy counsel, substituted by McManimon Scotland & Baumann,
LLP. The Debtors hired Reitler Kailas & Rosenblatt LLC as special
counsel, and Thomas A. Ferro, P.C., as their accountant. The
Debtors also tapped Sout Risius Ross Advisors, LLC, and its
affiliate Stout Risius Ross, LLC, as financial advisor and
investment banker.
APEX XPRESS: Seeks to Hire Ronald H. Scherr as Accountant
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Apex Xpress, Inc., seeks authority from the U.S. Bankruptcy Court
for the District of New Jersey to employ Ronald H. Scherr, CPA,
LLC, as accountant to Debtor.
Apex Xpress requires Ronald H. Scherr to provide tax preparation
and general accounting services in the Chapter 11 bankruptcy
proceedings.
Ronald H. Scherr will be paid at the hourly rate of $175.
Ronald H. Scherr will be paid a retainer in the amount of $10,000.
Ronald H. Scherr will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Ronald H. Scherr, partner of Ronald H. Scherr, CPA, 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.
Ronald H. Scherr can be reached at:
Ronald H. Scherr
RONALD H. SCHERR, CPA, LLC
35 Green Pond Road, 2nd Floor
Rockaway, NJ 07866
Tel: (973) 983-2445
About Apex Xpress
Apex Xpress, Inc., formerly known as Apex Trucking, provides
transportation services. The Company offers copier, car, and
motorcycle transportation services, as well as warehousing, copier
installation, prepping, flatbed and building services. The Company
has locations in Secaucus, New Jersey, Brooklyn, Maryland and
Brockton, Massachusetts.
Apex Xpress filed for bankruptcy protection (Bankr. D.N.J. Case No.
18-13134) on Feb. 16, 2018. In the petition signed by Robert M.
Cerchione, president, the Debtor estimated assets of $1 million to
$10 million, and liabilities of $10 million to $50 million.
The Hon. Stacey L. Meisel oversees the case.
The Debtor tapped Saul Ewing Arnstein & Lehr LLP as its legal
counsel, and Argus Management Corporation as its financial
advisor.
On May 19, 2018, an order was entered approving the appointment of
Kenneth J. DeGraw, as the examiner of Apex Xpress. The Examiner
hired Mellinger Sanders & Sanders, LLC, as his legal counsel, and
Withum Smith & Brown, PC, as his accountant.
ARABELLA PETROLEUM: Trustee's Auction of Royalty Interests Approved
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Judge Ronald B. King of the U.S. Bankruptcy Court for the Western
District of Texas authorized the bidding procedures of Morris D.
Weiss, the Chapter 11 trustee for Arabella Petroleum Co., LLC, in
connection with the sale of the following overriding royalty
interests to Valley Ridge Minerals, LLC: (i) Section 298, Blk 13
H&GN RR Co Survey in Reeves County, Texas for $75,000; and (ii)
Section 37, Blk 52, Twp 8 T&P RR Co Survey in Reeves County, Texas
for $5,000, subject to higher and otherwise better offers.
The public auction for the Overriding Royalty Interests will be
conducted by Energynet.com. The Overriding Royalty Interests will
be offered for sale through Energynet's online auction platform.
The Minimum Reserve Sales Price is $80,000. If the Minimum Reserve
Sales Price is not exceeded, VRM will be deemed the Successful
Bidder. VRM will not receive any bid protections. At that the
conclusion of the auction, the Trustee will determine the
Successful
Bidder.
The Sale Hearing is set for Feb. 14, 2019 at 2:00 p.m.
The Order will be effective immediately upon entry, notwithstanding
the provisions of Bankruptcy Rules 6004 and 6006 or any applicable
provisions of the Local Bankruptcy Rules, the Order will not be
stayed for 14 days after its entry, but will be effective and
enforceable immediately upon entry, and the 14-day stay provided in
such rules is expressly waived and will not apply.
About Arabella Exploration
Arabella Exploration, LLC, formed on Oct. 2, 2009, is a
wholly-owned subsidiary of Arabella Exploration, Inc., a Cayman
Islands corporation. It is an oil and gas exploration company
that owns working interests in a number of oil and gas properties
and interests.
Arabella Exploration filed a voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
17-40120) on Jan. 8, 2017. Charles (Chip) Hoebeke, manager,
signed the petition.
Arabella Operating, LLC, filed a Chapter 11 petition (Bankr. N.D.
Tex. Case No. 17-41479) on April 4, 2017. The case is being
jointly administered with that of Arabella Exploration.
Arabella Exploration estimated $1 million to $50 million in assets
and liabilities.
Judge Russell F. Nelms in Ft. Worth, Texas, is the case judge.
Raymond W. Battaglia, Esq., of the Law Offices of Ray Battaglia,
PLLC, serves as counsel to the Debtor. Miller Johnson serves as
Battaglia's co-counsel. Rehmann Turnaround and Receivership's
Charles Hoebeke is the Debtor's chief restructuring officer.
No trustee, examiner or committee has been appointed in the case.
ARBORSCAPE INC: May Continue Using Cash Collateral Until Feb. 28
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The Hon Joseph G. Rosania, Jr. of the U.S. Bankruptcy Court for the
District of Colorado has entered an order authorizing ArborScape,
Inc.'s continued use of cash collateral in which the Internal
Revenue Service, the Colorado Department of Revenue ("CDR"), and
J.P. Morgan Chase Bank, N.A. ("Chase") through and including Feb.
28, 2019.
That adequate protection of the interests of the Secured Creditors
in cash collateral proposed to be used by the Debtor in accordance
with the Budget that accompanies the Motion is approved as follows:
(a) The Debtor will provide the Secured Creditors with a
post-petition lien on all postpetition inventory and income derived
from the operation of the business and assets, to the extent that
the use of the cash results in a decrease in the value of the
Secured Creditors' interests in the collateral pursuant to 11
U.S.C. § 361(2). All replacement liens will hold the same relative
priority to assets as did the pre-petition liens;
(b) The Debtor will only use cash collateral in accordance
with the Budget subject to a deviation on line item expenses not to
exceed 15% without the prior agreement of the Secured Creditors or
an order of the Court;
(c) On or before the 15th of each month, the Debtor will pay
the IRS adequate Protection in the amount of $2,564.81 and will pay
the CDR adequate protection in the amount of $345.60;
(d) The Debtor will keep all of the Secured Creditors'
collateral fully insured;
(e) The Debtor will provide the Secured Creditors with a
complete accounting, on a monthly basis, of all revenue,
expenditures, and collections through the filing of the Debtor’s
Monthly Operating Reports; and
(f) The Debtor will maintain in good repair all of the
Secured Creditors' collateral.
A copy of the Order is available at
http://bankrupt.com/misc/cob18-12660-162.pdf
About Arborscape, Inc.
ArborScape, Inc., is a Colorado-based company dedicated to
providing sustainable landscapes for its clients by promoting the
art and science of horticulture using environmentally friendly
products and services. It offers tree trimming and removal
services, tree spraying, lawn and tree care services. The company
was founded in 1995.
ArborScape sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Colo. Case No. 18-12660) on April 3, 2018. In the
petition signed by David Merriman, president, the Debtor disclosed
$1.63 million in assets and $1.54 million in liabilities. Judge
Joseph G. Rosania Jr. oversees the case. Kutner Brinen, P.C., is
the Debtor's counsel.
ARCHBISHOP OF AGANA: Allowed to Use FHB Cash Collateral
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The Hon. Frances M. Tydingco-Gatewood of the U.S. Bankruptcy Court
in Guam has authorized The Archbishop of Agana to use cash
collateral upon the terms and subject to the conditions set forth
in the Stipulation and Interim Order between the Debtor and First
Hawaiian Bank ("FHB").
The Debtor is authorized, but not directed, to use property
constituting cash collateral of First Hawaiian Bank only for the
purposes permitted by, and up to the amounts set forth in, the
Budget. The Budget may be modified from time to time at the request
of the Debtor and upon the prior written approval of First Hawaiian
Bank.
Prior to the Petition Date, First Hawaiian Bank made certain loans
to the Debtor in the aggregate original principal amount of
$9,229,854, including Loan Numbers xxx5675 and xxx5825. To secure
the Loans, the Debtor signed certain Security Agreements granting
to First Hawaiian Bank a lien on the personal property assets of
the Debtor. The current amounts outstanding under the FHB Notes as
of the Petition Date are approximately $2,064,738 and $2,377,265,
respectively. The monthly pre-petition payments on the FHB Loans
were $12,599 and $18,523, respectively, and pre-petition, the FHB
Loans were paid current.
As adequate protection for the Debtor's use of property
constituting First Hawaiian Bank's Cash Collateral, the Debtor
stipulates as follows:
(a) The Debtor will continue making regularly-scheduled
payments to First Hawaiian Bank pursuant to the terms of the FHB
Notes in the amounts of $12,599 per month for Loan No. xxx5675, and
$18,523 per month for Loan No. xxx5825, which are the same monthly
amounts paid pre-petition.
(b) The Debtor grants to First Hawaiian Bank replacement
liens on and security interests in and to all assets of the Debtor
of any kind or nature, wherever located, now owned or hereafter
acquired, and the proceeds thereof that are or have been acquired,
generated or received by the Debtor subsequent to the Petition
Date, and all post-petition property to which First Hawaiian Bank's
pre-petition liens attached, which replacement liens and security
interests will be deemed valid, perfected, continuing, unavoidable
and enforceable not subject to subordination, impairment or
avoidance to the same extent and with the same priority in which
First Hawaiian Bank's pre-petition liens existed as of the Petition
Date.
(c) The Debtor grants First Hawaiian Bank an administrative
expense claim under sections 503(b)(1), 507(a) and 507(b) of the
Bankruptcy Code in the Debtor's case, in the priority of its liens,
in the amount by which the adequate protection afforded above
proves to be inadequate and any post-petition diminution in value
of the Collateral, capped by the amount of First Hawaiian Bank's
claim. This administrative claim will be allowed and have
superpriority over all other costs and expenses of the kind
specified in or ordered pursuant to sections 105, 326, 330, 331,
503(b), 507(a), 507(b) or 726 of the Bankruptcy Code.
First Hawaiian Bank will be entitled to the protection of section
364(e) of the Bankruptcy Code with respect to diminution of
Collateral in the event that the Collateral decreases in value
during the pendency of the Chapter 11 case or if any provision of
the Stipulation and Order or any authorization contained herein is
vacated, reversed, stayed, or modified on appeal or otherwise by
any court of competent jurisdiction.
A full-text copy of the Stipulation and Order is available at
http://bankrupt.com/misc/gub19-00010-54.pdf
About the Archdiocese of Agana
Roman Catholic Archdiocese of Agana -- https://www.aganaarch.org/
-- is an ecclesiastical territory or diocese of the Catholic Church
in the United States. It comprises the United States dependency of
Guam. The Diocese of Agana was established on Oct. 14, 1965, as a
suffragan of the Archdiocese of San Francisco, California. It is a
tax-exempt entity (as described in 26 U.S.C. Section 501).
The Archbishop of Agana, a/k/a the Roman Catholic Archdiocese of
Agana, sought Chapter 11 protection (D. Guam Case No. 19-00010) on
Jan. 16, 2019. Rev. Archbishop Michael Jude Byrnes, S.T.D.,
Archbishop of Agana, signed the petition. The Archdiocese
scheduled $22,962,686 in assets and $45,662,941 in liabilities as
of the bankruptcy filing.
The Hon. Frances M. Tydingco-Gatewood is the case judge.
The Archdiocese tapped Elsaesser Anderson, Chtd., as bankruptcy
counsel; and John C. Terlaje, Esq. as special counsel.
ARCHBISHOP OF AGANA: May Use Bank of Hawaii Cash Collateral
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The Hon. Frances M. Tydingco-Gatewood of the U.S. Bankruptcy Court
in Guam has authorized The Archbishop of Aganato to use cash
collateral and utilize the accounts in the ordinary course of their
operations subject to the terms and conditions set forth in the
Interim Order.
The Debtor will provide Bank of Hawaii with adequate protection by
way of making post-petition payments pursuant to the loan agreement
in the amount of $10,930 per month, which is the same monthly
amount paid prepetition. Bank of Hawaii will also be granted an
adequate protection lien on all accounts of Bank of Hawaii
maintained by the Debtor postpetition for which the Bank has a
prepetition lien via its right of offset. The validity and
priority of the adequate protection lien will be of the same
validity and priority of Bank of Hawaii's pre-petition lien.
The Debt Service Payments made by the Debtor will reduce the
postpetition lien of Bank of Hawaii on a dollar for dollar basis.
The original amount that Bank of Hawaii is secured as of the
Petition Date is $242,781, which will be reduced dollar for dollar
on a monthly basis by any payments made up to that point in time.
The accounts that form the security for Bank of Hawaii will be
maintained so that the average daily balance drops to no less than
80% of the account as of the Petition Date, less any adequate
protection payments made at that point in time, which reduces the
amount owed on a dollar for dollar basis.
A full-text copy of the Interim Order is available at
http://bankrupt.com/misc/gub19-00010-55.pdf
About the Archdiocese of Agana
Roman Catholic Archdiocese of Agana -- https://www.aganaarch.org/
-- is an ecclesiastical territory or diocese of the Catholic Church
in the United States. It comprises the United States dependency of
Guam. The Diocese of Agana was established on Oct. 14, 1965, as a
suffragan of the Archdiocese of San Francisco, California. It is a
tax-exempt entity (as described in 26 U.S.C. Section 501).
The Archbishop of Agana, a/k/a the Roman Catholic Archdiocese of
Agana, sought Chapter 11 protection (D. Guam Case No. 19-00010) on
Jan. 16, 2019. Rev. Archbishop Michael Jude Byrnes, S.T.D.,
Archbishop of Agana, signed the petition. The Archdiocese
scheduled $22,962,686 in assets and $45,662,941 in liabilities as
of the bankruptcy filing.
The Hon. Frances M. Tydingco-Gatewood is the case judge.
The Archdiocese tapped Elsaesser Anderson, Chtd., as bankruptcy
counsel; and John C. Terlaje, Esq. as special counsel.
ASPEN MANOR: Seeks to Hire Feldman Sablosky as Accountant
---------------------------------------------------------
Aspen Manor Condominium Association, Inc., filed an amended
application with the U.S. Bankruptcy Court for the District of New
Jersey seeking approval to hire Feldman Sablosky Massoni, as
accountant to the Debtor.
Aspen Manor requires Feldman Sablosky to:
a. prepare the Federal Corporate income tax returns for the
years ended December 2012 through 2017;
b. prepare audits of the books and records of the Debtor; and
c. prepare such other accounting services as may be required.
Feldman Sablosky will be paid at these hourly rates:
Feldman Sablosky will be paid based upon its normal and usual
hourly billing rates. The firm will also be reimbursed for
reasonable out-of-pocket expenses incurred.
Bruce Feldman, a partner at Feldman Sablosky Massoni, 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.
Feldman Sablosky can be reached at:
Bruce Feldman, CPA
FELDMAN SABLOSKY MASSONI
977 Highway 33 West, Suite 201
Monroe Township, NJ 08831
Tel: (609) 448-6500
Fax: (605) 448-6555
About Aspen Manor Condominium Association
Aspen Manor Condominium Association, Inc., filed a Chapter 11
bankruptcy petition (Bankr. D.N.J. Case No. 18-30224) on Oct. 10,
2018. In the petition signed by Leslie C. Scheckman, president,
the Debtor estimated less than $500,000 in assets and less than $1
million in debt. The Debtor hired Greenbaum Rowe Smith & Davis
LLP, as its attorney; Hill Wallack, LLP, as its special counsel;
and Feldman Sablosky Massoni as its accountant.
BLACK BOX: Dimensional Fund Has 5.9% Stake as of Dec. 31
--------------------------------------------------------
In a Schedule 13G/A filed with the Securities and Exchange
Commission, Dimensional Fund Advisors LP disclosed that as of Dec.
31, 2018, it beneficially owns 900,610 shares of common stock of
Black Box Corp, which represents 5.91 percent of the shares
outstanding.
Dimensional Fund Advisors LP, an investment adviser registered
under Section 203 of the Investment Advisors Act of 1940, furnishes
investment advice to four investment companies registered under the
Investment Company Act of 1940, and serves as investment manager or
sub-adviser to certain other commingled funds, group trusts and
separate accounts. In certain cases, subsidiaries of Dimensional
Fund Advisors LP may act as an adviser or sub-adviser to certain
Funds. In its role as investment advisor, sub-adviser and/or
manager, Dimensional Fund Advisors LP or its subsidiaries may
possess voting and/or investment power over the securities of the
Issuer that are owned by the Funds, and may be deemed to be the
beneficial owner of the shares of the Issuer held by the Funds.
However, all securities reported in this schedule are owned by the
Funds. Dimensional disclaims beneficial ownership of those
securities.
A full-text copy of the regulatory filing is available for free
at:
https://is.gd/6M3TAY
About Black Box
Black Box Corporation -- http://www.blackbox.com/-- is a digital
solutions provider dedicated to helping customers design, build,
manage, and secure their IT infrastructure. Offerings under the
Company's services platform include unified communications, data
infrastructure and managed services. Offerings under the Company's
products platform include IT infrastructure, specialty networking,
multimedia and keyboard/video/mouse switching.
Black Box reported a net loss of $100.09 million for the year ended
March 31, 2018, compared to a net loss of $7.05 million for the
year ended March 31, 2017. As of Sept. 29, 2018, Black Box had
$297.8 million in total assets, $237.8 million in total
liabilities, and $59.94 million in total stockholders' equity.
The audit opinion included in the company's Annual Report on Form
10-K for the year ended March 31, 2018 contains a going concern
explanatory paragraph expressing substantial doubt about the
Company's ability to continue as a going concern. BDO USA, LLP,
the Company's auditor since 2005, noted that the Company has
suffered recurring losses from operations, has negative operating
cash flow and is dependent upon raising additional capital or
refinancing its debt agreement to fund operations that raise
substantial doubt about its ability to continue as a going concern.
CARE PRODUCTS: Wants to Continue Using Cash Collateral
------------------------------------------------------
Care Products, Inc., requests the U.S. Bankruptcy Court for the
Southern District of Texas to authorize the continued use of cash
collateral and management of its home health business/operations
based on the 90-day projected budget.
Specifically, the Debtor seeks authorization to use cash collateral
to meet the ordinary cash needs of the Debtor for the payment of:
(a) reasonable and necessary operating expenses; (b) maintenance
and preservation of property of the estate; (c) property taxes; and
(d) payment of expenses associated with this Chapter 11 case,
including United States Trustee's fees and professional fees and
expenses.
The Debtors believe that the lien holders will be adequately
protected by the value of the real property, improvements,
manufacturing equipment and any required/agreed to cash payments in
the event that the Debtor is authorized to use such cash
collateral. In addition, the Debtor will provide continuing
post-petition liens to the lienholders to the extent the
lienholders have valid pre-petition security interests in the cash
collateral.
A full-text copy of the Debtor's Motion is available at
http://bankrupt.com/misc/txsb19-70023-4.pdf
About Care Products
Care Products, Inc., is a manufacturer of household and
institutional furniture and kitchen cabinet. Its manufacturing
facilities are located on a 1.46 acre tract out of Lot 135, Pride
O'Texas Subdivision, City of McAllen, Hidalgo County, Texas.
Care Products, Inc., filed a voluntary petition for relief under
Chapter 11 of Title 11 of the United States Code (Bankr. S.D. Tex.
Case No. 19-70023) on Jan. 23, 2019. In the petition signed by
Charles L. Graham, president, the Debtor disclosed $520,123 in
assets and $1,254,809 in liabilities. Jana Smith Whitworth, Esq.,
at JS Whitworth Law Firm, PLLC, represents the Debtor.
CARRIERWEB LLC: $650K Sale of All Assets to ID Systems Approved
---------------------------------------------------------------
Judge Lisa Ritchey Craig of the U.S. Bankruptcy Court for the
Northern District of Georgia authorized CarrierWeb, LLC's sale of
substantially all of its assets, including its North American
customer lists and contracts, accounts receivable, useable
inventory, and intellectual property, to ID Systems, Inc. for
$650,000.
The Court entered on Jan. 11, 2019 the Bid Procedures Order. The
Purchaser is the only Qualified Bidder and submitted the highest or
otherwise best offer and is the Successful Bidder for the Purchased
Assets in accordance with the Bid Procedures Order.
The sale is free and clear of all Liens and Claims.
The Debtor will be, and is, authorized and directed to fully
assume, perform under, consummate, and implement the terms of the
Agreement together with any and all additional instruments and
documents that may be necessary or desirable in connection with
implementing and effectuating the terms of the Agreement, the
Order, and/or the sale of the Purchased Assets.
Based on the representations at the Sale Hearing, the AT&T
Objections have been withdrawn and AT&T, subject to the conditions
stated on the record and herein, has indicated that it has no
opposition to the entry of the Order.
The cure amounts for the AT&T contracts listed on Exhibit 2.3(f) to
the Debtor's Notice of Cure Amounts for Executory Contracts and
Unexpired Leases that may be Assumed and Assigned are amended to
reflect the following:
a. AT&T - Internet- $2,005 (Month to Month Agreement)
b. AT&T - Cellphones - $1,237 (Majority of units are now on a
Month to Month Agreement)
c. AT&T Mobility EOD - Customer mobile connectivity -
$304,850 (Signed July 25th 2005 - Rollover clause)
Moreover, the Debtor, the Purchaser and Publix agree to work
together and cooperate in good faith to finalize and execute that
certain SIM Transfer Agreement and Shared Resources Agreement, as
described on the record at the Sale Hearing, such that the SIM
Transfer
Agreement and Shared Resources Agreement will be assumed and
assigned to the Purchaser at closing.
At Closing, the Purchaser will be authorized to deduct from the
Purchase Price and apply such deducted amounts to the satisfaction
in full of all amounts owing the Purchaser pursuant to the Final
Order Authorizing Financing and Granting Senior Liens.
Any provision in any Assumed Contract that purports to declare a
breach, default, or payment right as a result of an assignment or a
change of control in respect of the Debtor is unenforceable, and
all Assumed Contracts will remain in full force and effect, subject
only to payment of the appropriate cure costs, if any.
The stays imposed by Bankruptcy Rules 6004(h), 6006(d), and 7062
are waived, and the Order will be effective and enforceable
immediately upon entry and its provisions will be self-executing.
The automatic stay provisions of Bankruptcy Code Section 362 are
vacated and modified to the extent necessary to implement the terms
and conditions of the Agreement and the provisions of the Order,
and the stay imposed by Bankruptcy Rule 4001(a)(3) is waived with
respect thereto.
As soon as practicable after the Closing, the Debtor will file a
report of sale in accordance with Bankruptcy Rule 6004(f)(1).
About CarrierWeb LLC
Headquartered in Smyrna, Georgia, CarrierWeb, LLC sought protection
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No.
17-54087) on March 6, 2017. In the petition signed by R.
Fenton-May, manager, the Debtor estimated $1 million to $10 million
in assets and $10 million to $50 million in liabilities.
The Debtor hired G. Frank Nason, IV, Esq., at Lamberth, Cifelli,
Ellis & Nason, P.A., as bankruptcy counsel; and G2 Capital
Advisors, LLC, as financial advisor and investment banker.
On March 27, 2017, Guy Gebhardt, acting U.S. trustee for Region 21,
appointed an official committee of unsecured creditors. The
committee retained Pachulski Stang Ziehl & Jones LLP as bankruptcy
counsel and Henry F. Sewell, Jr., LLC as local counsel.
CCS ONCOLOGY: Permitted to Pay Timothy Carlo, The Reds Group
------------------------------------------------------------
The Hon. Michael J. Kaplan the U.S. Bankruptcy Court of the Western
District of New York has signed his 32nd Emergency Order
authorizing Comprehensive Cancer Services Oncology, P.C. and CCS
Medical, PLLC, to use cash collateral to pay to Timothy Carlo and
The Reds Group (a) the amount of $10,400 for the preparation of
accurate W-2 forms, and (b) the amount of $6,000 for the
preparation of the 2nd quarter 2018 payroll tax reports.
Bank of America, N.A., the United States and all creditors holding
liens on or claims against cash collateral, are granted roll-over
or replacement liens or rights of setoffs as security to the same
extent, in the same priority, and with respect to the same assets,
as served as collateral for said creditors' prepetition
indebtedness, to the extent of cash collateral actually used during
the pending of the Chapter 11 case. To the extent that the
replacement liens fail to compensate the secured creditors for the
use of cash collateral, they will have, respectively, an
administrative claim under 11 U.S.C. Sec. 507(b).
A copy of the 32nd Emergency Order is available at:
http://bankrupt.com/misc/nywb18-10598-540.pdf
About CCS
Comprehensive Cancer Services Oncology, P.C., and CCS Medical,
PLLC, sought Chapter 11 protection (Bankr. W.D.N.Y. Lead Case No.
18-10598 and 18-10599) on April 2, 2018. In the petitions signed
by Won Sam Yi, president/CEO, CCS estimated at least $50,000 in
assets and $10 million to $50 million in liabilities.
CCS Oncology is a professional corporation operating a practice of
medical and radiological oncology treatment, with offices in
Orchard Park, Frankhauser, Niagra Falls, Kenmore, and Lockport. CSS
Medical is a provider of primary care and specialty medicine
services currently operating at Orchard Park, Delaware Avenue, and
Youngs. CCS Oncology is the sole member of CCS Medical.
Judge Michael J. Kaplan is the case judge.
Arthur G. Baumeister, Jr., Esq., of Baumeister Denz LLP, served as
the Debtors' counsel.
Joseph J. Tomaino of Grassi Healthcare Advisors LLC was appointed
patient care ombudsman.
Mark Schlant was named Chapter 11 trustee. The Trustee hired
Zdarsky Sawicki & Agostinelli LLP, as counsel.
CELADON GROUP: Dimensional Fund Has 3.4% Stake as of Dec. 31
------------------------------------------------------------
Dimensional Fund Advisors LP disclosed in a Schedule 13G/A filed
with the Securities and Exchange Commission that as of Dec. 31,
2018, it beneficially owns 974,725 shares of common stock of
Celadon Group Inc., which represents 3.44 percent of the shares
outstanding.
Dimensional Fund Advisors LP, an investment adviser registered
under Section 203 of the Investment Advisors Act of 1940, furnishes
investment advice to four investment companies registered under the
Investment Company Act of 1940, and serves as investment manager or
sub-adviser to certain other commingled funds, group trusts and
separate accounts. In certain cases, subsidiaries of Dimensional
Fund Advisors LP may act as an adviser or sub-adviser to certain
Funds. In its role as investment advisor, sub-adviser and/or
manager, Dimensional Fund Advisors LP or its subsidiaries may
possess voting and/or investment power over the securities of the
Issuer that are owned by the Funds, and may be deemed to be the
beneficial owner of the shares of the Issuer held by the Funds.
However, all securities reported in this schedule are owned by the
Funds. Dimensional disclaims beneficial ownership of those
securities.
A full-text copy of the regulatory filing is available for free at:
https://is.gd/tHBqWn
About Celadon
Celadon Group, Inc. -- http://www.celadongroup.com/-- provides
long haul, regional, local, dedicated, intermodal,
temperature-protect, and expedited freight service across the
United States, Canada, and Mexico. The Company also owns Celadon
Logistics Services, which provides freight brokerage services,
freight management, as well as supply chain management solutions,
including logistics, warehousing, and distribution. The Company is
headquartered in Indianapolis, Indiana.
In a press release dated April 2, 2018, Celadon stated that based
on issues identified in connection with the Audit Committee
investigation and management's review, financial statements for
fiscal years ended June 30, 2014, 2015, 2016, and the quarters
ended Sept. 30 and Dec. 31, 2016, will be restated. Celadon's new
senior management team, led by the Company's new chief financial
officer and new chief accounting officer, commenced a review of the
Company's current and historical accounting policies and
procedures. The internal investigation and management review have
identified errors that will require adjustments to the previously
issued 2014, 2015, 2016, and 2017 financial statements.
On April 18, 2018, Peter Elkins, lead analyst at the New York Stock
Exchange LLC, filed a Form 25 with the Securities and Exchange
Commission notifying the removal from listing or registration of
Celadon's common stock on the Exchange.
CHICAGO SURGICAL: Hires Alexander Bogachkov as Accountant
---------------------------------------------------------
Chicago Surgical Clinic Ltd. seeks authority from the U.S.
Bankruptcy Court for the Northern District of Illinois to employ
Alexander Bogachkov Accounting and Consulting Inc., as accountant
to the Debtor.
Chicago Surgical requires Alexander Bogachkov to perform accounting
services necessary in the Chapter 11 bankruptcy proceedings.
Alexander Bogachkov will be paid at the hourly rate of $250.
Alexander Bogachkov will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Alexander Bogachkov, partner of Alexander Bogachkov Accounting and
Consulting 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.
Alexander Bogachkov can be reached at:
Alexander Bogachkov
ALEXANDER BOGACHKOV ACCOUNTING
AND CONSULTING INC.
4020 Greenleaf Street
Skokie, IL 60076
Tel: (847) 673-4902
About Chicago Surgical Clinic
Chicago Surgical Clinic Ltd operates a surgical center in Arlington
Heights, Illinois. The Clinic offers a full range of services,
including general surgery, minimally invasive surgery, colorectal
surgery, plastic surgery, endoscopy lab, pain management, hand
surgery and podiatry.
Chicago Surgical Clinic filed a Chapter 11 petition (Bankr. N.D.
Ill. Case No. 18-30089) on Oct. 26, 2018. In the petition signed
by Yelena Levitin, president, the Debtor estimated up to $50,000 in
assets and $1 million to $10 million in liabilities. Judge
LaShonda A. Hunt oversees the case. Jeffrey Strange & Associates,
led by founding partner Jeffrey Strange, is the Debtor's counsel.
CHILDRESS GATEWAY: Judge Denies Access to Cash Collateral
---------------------------------------------------------
The Hon. Brenda T. Rhoades of the U.S. Bankruptcy Court for the
Eastern District of Texas has entered an order denying Childress
Gateway Enterprise, Inc.' Motion for Authority to Use Cash
Collateral, upon finding that the operations of Childress will not
generate sufficient cash flow to satisfy post-petition operation
and adequately protect the interests of Wellington State Bank.
About Childress Gateway
Childress Gateway Enterprise Inc. is an economy hotel located in
Childress, Texas and opened in 1995. The company previously sought
bankruptcy protection on June 30, 2017 (Bankr. E.D. Tex. Case No.
17-41406).
Childress Gateway Enterprise filed a Chapter 11 petition (Bankr.
E.D. Tex. Case No. 19-40006), on Jan. 1, 2019. The petition was
signed by Manherial Patel, president. At the time of filing, the
Debtor disclosed $1,118,550 in total assets and $2,333,275 in total
liabilities. The Debtor is represented by Eric A. Liepins, Esq.
COMMUNITY HEALTH: Dimensional Fund Has 3.3% Stake as of Dec. 31
---------------------------------------------------------------
Dimensional Fund Advisors LP disclosed in a Schedule 13G/A filed
with the Securities and Exchange Commission that as of Dec. 31,
2018, it beneficially owns 3,798,996 shares of common stock of
Community Health Systems Inc., which represents 3.27 percent of the
shares outstanding.
Dimensional Fund Advisors LP, an investment adviser registered
under Section 203 of the Investment Advisors Act of 1940, furnishes
investment advice to four investment companies registered under the
Investment Company Act of 1940, and serves as investment manager or
sub-adviser to certain other commingled funds, group trusts and
separate accounts. In certain cases, subsidiaries of Dimensional
Fund Advisors LP may act as an adviser or sub-adviser to certain
Funds. In its role as investment advisor, sub-adviser and/or
manager, Dimensional Fund Advisors LP or its subsidiaries may
possess voting and/or investment power over the securities of the
Issuer that are owned by the Funds, and may be deemed to be the
beneficial owner of the shares of the Issuer held by the Funds.
However, all securities reported in this schedule are owned by the
Funds. Dimensional disclaims beneficial ownership of those
securities.
A full-text copy of the regulatory filing is available for free
at:
https://is.gd/f2oKJ4
About Community Health
About Community Health Community Health -- http://www.chs.net/--
is a publicly traded hospital company and an operator of general
acute care hospitals in communities across the country. The
Company, through its subsidiaries, owns, leases or operates 115
affiliated hospitals in 20 states with an aggregate of
approximately 19,000 licensed beds. The Company's headquarters are
located in Franklin, Tennessee, a suburb south of Nashville. Shares
in Community Health Systems, Inc. are traded on the New York Stock
Exchange under the symbol "CYH."
Community Health reported a net loss of $2.39 billion for the year
ended Dec. 31, 2017, compared to a net loss of $1.62 billion for
the year ended Dec. 31, 2016. As of Sept. 30, 2018, Community
Health had $16.46 billion in total assets, $17.10 billion in total
liabilities, $495 million in redeemable non-controlling interests
in equity of consolidated subsidiaries, and a total stockholders'
deficit of $1.13 billion.
* * *
As reported by the TCR on July 2, 2018, S&P Global Ratings raised
its corporate credit rating on Franklin, Tenn.-based hospital
operator Community Health Systems Inc. to 'CCC+' from 'SD'
(selective default). The outlook is negative. "The upgrade of
Community to 'CCC+' reflects the company's longer-dated debt
maturity schedule, and our view that its efforts to rationalize its
hospital portfolio as well as improve financial performance and
cash flow should strengthen credit measures over the next 12 to 18
months."
In May 2018, Fitch Ratings downgraded Community Health Systems'
(CHS) Issuer Default Rating (IDR) to 'C' from 'CCC' following the
company's announcement of an offer to exchange three series of
senior unsecured notes due 2019, 2020 and 2022.
COMSTOCK RESOURCES: Carl H. Westcott Has Less Than 1% Stake
-----------------------------------------------------------
In a Schedule 13G/A filed with the Securities and Exchange
Commission, these entities or individuals reported beneficial
ownership of shares of common stock of Comstock Resources, Inc. as
of Dec. 31, 2018:
Shares Percentage
Beneficially of Outstanding
Reporting Person Owned Shares
---------------- ------------ --------------
Carl H. Westcott 539,098 0.51%
Commodore Partners, Ltd. 220,000 0.21%
G.K. Westcott LP 20,500 0.02%
Carl Westcott, LLC 240,500 0.23%
Court H. Westcott 261,198 0.25%
Carla Westcott 11,000 0.01%
The percentage ownership is based on 105,871,064 shares of Common
Stock outstanding, as reported by the Issuer in its quarterly
report on Form 10-Q filed on Nov. 9, 2018.
Carl H. Westcott directly holds 255,000 shares of common stock, par
value $0.50 per share, of Comstock Resources. Additionally, Mr.
Westcott exercises shared voting and disposition power over 240,500
shares of Common Stock with Court H. Westcott as managers of Carl
Westcott, LLC, the general partner of each of Commodore Partners,
Ltd., which directly owns 220,000 shares of Common Stock, and G.K.
Westcott LP, which directly owns 20,500 shares of Common Stock.
Carl H. Westcott has shared discretionary authority to purchase and
dispose of shares of Common Stock under various accounts for the
benefit of the following persons, who directly hold the following
amounts of shares of Common Stock: Court H. Westcott, 20,698
shares; Carla Westcott, 11,000 shares; Peter Underwood, 9,900
shares; and Francisco Trejo, Jr., 2,000 shares. Carl H. Westcott
does not exercise any voting power over any such shares of Common
Stock owned by the aforementioned individuals and expressly
disclaims beneficial ownership of such shares.
A full-text copy of the regulatory filing is available for free
at:
https://is.gd/Z73pnJ
About Comstock
Comstock Resources, Inc. (NYSE: CRK) is an independent energy
company based in Frisco, Texas and is engaged in oil and gas
acquisitions, exploration and development primarily in Texas and
Louisiana.
Comstock incurred a net loss of $111.4 million for the year ended
Dec. 31, 2017, a net loss of $135.1 million for the year ended Dec.
31, 2016, and a net loss of $1.04 billion for the year ended Dec.
31, 2015. As of Sept. 30, 2018, Comstock Resources had $2.09
billion in total assets, $1.57 billion in total liabilities and
$521.11 million in total stockholders' equity.
CONSOLIDATED INFRASTRUCTURE: Taps Omni as Claims Agent
------------------------------------------------------
Consolidated Infrastructure Group, Inc., seeks authority from the
U.S. Bankruptcy Court for the District of Delaware to employ Omni
Management Group, Inc., as claims and noticing agent to the
Debtor.
Consolidated Infrastructure requires Omni to:
a. prepare and serve required notices and documents in the
bankruptcy case in accordance with the Bankruptcy Code and
the Federal Rules of Bankruptcy Procedure in the form and
manner directed by the Debtor and the Court, including (i)
notice of the commencement of the case and the initial
meeting of creditors under the Bankruptcy Code, (ii) notice
of any claims bar date, (iii) notice of transfer of claims,
(iv) notices of objections to claims and objections to
transfers of claims, (v) 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
the case;
b. maintain an official copy of the Debtor's schedules of
assets and liabilities and statement of financial affairs,
listing the Debtor's known creditors and the amounts owed
thereto;
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
sections 2002(i), (j) and (k) and those parties that have
filed a notice of appearance pursuant to Bankruptcy Rule
9010; updated said lists 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 the filing of proofs of claim and a form for the
filing of a proof of claim, after such notice and form are
approved by the bankruptcy Court, and notify said potential
creditors of the existence, amount and classification of
their respective claims as set forth in the Schedules,
which may be effected by inclusion of such information 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 process all mail
received;
f. for all notices, motions, orders or other pleadings or
documents served, prepare and file or caused to be filed
with the Clerk an affidavit or certificate of service
within seven (7) business days of service which includes
(i) either a copy of the notice served or the docket number
and title of the pleading 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's Office, and check said processing
for accuracy, and maintain the original proofs of claim in
a secure area;
h. provide an electronic interface for filing proofs of
claim;
i. maintain the official claims register for the Debtor on
behalf of the Clerk; upon the Clerk's request, provide the
Clerk with certified, duplicate unofficial Claims Register;
and specify in the Claims Registers the following
information for each claim docketed (i) the claim number
assigned, (ii) the date received, (iii) the name and
address of the claimant and agent, if applicable, who filed
the claim, (iv) the amount asserted, (v) the asserted
classifications of the claim, (vi) the applicable Debtor,
and (vii) any disposition of the claim;
j. provide public access to the Claims Register, including
complete proofs of claim with attachments, if any, without
charge;
k. implement necessary security measures to ensure the
completeness and integrity of the Claims Registers and the
safekeeping of the original claims;
l. record all transfers of claims and provide any notices of
such transfers as required by Bankruptcy Rule 3001(e);
m. relocate, by messenger or overnight delivery, all of the
court-filed proofs of claim to the offices of Omni, not
less than weekly;
n. upon completion of the docketing process for all claims
received to date for each case, turn over to the Clerk
copies of the claims register for the Clerk's review;
o. monitor the Court's docket for all notices of appearance,
address changes, and claims-related pleadings and orders
filed and make necessary notations on and changes to the
claims register;
p. assist in the dissemination of information to the public
and respond to requests for administrative information
regarding the case as directed by the Debtor or the Court,
including through the use of a case website and call
center;
q. if the case is converted to Chapter 7, contact the Clerk's
Office within three (3) days of the notice to Omni of
entry of the order converting the case;
r. thirty (30) days prior to the close of the bankruptcy case,
request the Debtor submits to the Court a proposed Order
dismissing Omni and terminating the services of such
agent upon completion of its duties and responsibilities
and upon the closing of the bankruptcy case;
s. within seven (7) days of notice to Omni of entry of an
order closing the Chapter 11 case, provide to the
bankruptcy Court the final version of the claims register
as of the date immediately before the close of the case;
and
t. at the close of these chapter 11 cases, box and transport
all original documents, in proper format, as provided by
the Clerk's, to (i) the Federal Archives Record
Administration, located at 14700 Townsend Road,
Philadelphia, PA 19154-1096 or (ii) any other location
requested by the Clerk.
Omni will be paid at these hourly rates:
Director of Solicitation $210
Solicitation Consultant $190
President/Executive No charge
Technology/Programming $85 to $135
Equity Services $175
Senior Consultants $140 to $155
Consultants $50 to $125
Analysts $25 to $40
Omni will be paid a retainer in the amount of $20,000.
Omni will also be reimbursed for reasonable out-of-pocket expenses
incurred.
Paul H. Deutch, senior vice president of Omni Management Group,
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.
Omni can be reached at:
Paul H. Deutch
OMNI MANAGEMENT GROUP, INC.
5955 De Soto Avenue, Suite 100
Woodland Hills, CA 91367
Tel: (818) 906-
About Consolidated Infrastructure
Created in 2016 and headquartered in Omaha, Nebraska, Consolidated
Infrastructure Group, Inc., provides underground utility and damage
prevention services to support others that do underground
construction and maintenance. By providing detailed information on
what lies beneath the surface, CIG's damage prevention services
help protect communities from damage that could otherwise occur
when utilities, other companies, or individuals dig underground.
CIG sought Chapter 11 protection (Bankr. D. Del. Case No. 19-10165)
on Jan. 30, 2019. The Hon. Brendan Linehan Shannon is the case
judge.
The Debtor disclosed $11.6 million in assets and $9 million in
liabilities as of Jan. 30, 2019.
RICHARDS, LAYTON & FINGER, P.A., is the Debtor's counsel.
GAVIN/SOLMONESE LLC is the financial advisor and investment banker.
OMNI MANAGEMENT GROUP is the claims and noticing agent.
CURAE HEALTH: Hires Great American as Valuation Service Provider
----------------------------------------------------------------
Curae Health, Inc., and its debtor-affiliates seek authority from
the U.S. Bankruptcy Court for the Middle District of Tennessee to
employ Great American Group Advisory & Valuation Services, LLC, to
provide valuation services to the Debtors.
Curae Health requires Great American to assist the Debtors with
their internal decision making by providing an estimate of the Fair
Market Value of their assets.
Great American will be paid a fixed fee of $18,500, and will also
be reimbursed for reasonable out-of-pocket expenses incurred.
Drew Jakubek, partner of Great American Group Advisory & Valuation
Services, 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 Debtors and
their estates.
Great American can be reached at:
Drew Jakubek
GREAT AMERICAN GROUP ADVISORY
& VALUATION SERVICES, LLC
21255 Burbank Blvd., Suite 400
Woodland Hills, CA 91367
Tel: (818) 884-3737
Fax: (818) 746-9917
About Curae Health
Curae Health is a 501(c)(3) not-for-profit health system formed to
address the needs of rural healthcare. Focusing on rural community
hospitals in the Southeastern US, Curae collaborates with medical
staff and communities to add new services and upgrade the
facilities, alleviating the need for patients to travel long
distances for their healthcare needs.
On Aug. 24, 2018, Curae Health, Inc., and its affiliates sought
Chapter 11 protection (Bankr. M.D. Tenn. Lead Case No. 18-05665).
Curae Health estimated $10 million to $50 million in total assets
and $50 million to $100 million in total liabilities.
The cases are assigned to Judge Charles M. Walker.
The Debtors tapped Polsinelli PC as counsel; Glassratner Advisory &
Capital Group LLC, as financial advisors; Egerton McAfee Armistead
& Davis, P.C., as special counsel; Morgan Stanley as investment
banker; and BMC Group, Inc., as claims and noticing agent.
DEMERX INC: Feb. 26 Plan Confirmation Hearing
---------------------------------------------
The Bankruptcy Court has approved the first amended disclosure
statement explaining DemeRx, Inc.'s First Amended Chapter 11 Plan
and scheduled the hearing to consider confirmation of the Plan for
February 26, 2019 at 10:00 AM at C. Clyde Atkins U.S. Courthouse,
301 N Miami Ave Courtroom 4 (RAM), Miami, FL 33128. Deadline to
object to confirmation and filing of ballots is February 19.
Under the First Amended Plan, Class 4 - Allowed Undisputed
Pre-Petition Unsecured Creditors (Non-Convenience Class) are
impaired with approximate claim amount $1,403,461.98. Class 4 will
receive distributions as follows: (1) On the Effective Date, a
distribution pro rata to members of Available Funds; and thereafter
(2) Distribution(s) of Liquidating Trust Available Funds pro rata
among members, within 30 days after such funds become available to
the Liquidating Trust. If Liquidating Trust Available Funds exceed
the total Allowed Amount of Class 4 Creditors, the excess shall be
used for Drug Development; and (3) Distributions from the funding
of a future capital raise by the Debtor.
Class 1 - Convenience Class are impaired with approximate claim
amount $72,577.30. Class 1 will receive, on the Effective Date, a
distribution pro rata among the members of Class 1, equal to 50% of
their Allowed Claims. Creditors with Allowed Claims in excess of
$21,000.00 will be granted the right to reduce their Allowed Claims
to $21,000.00 and participate in the Convenience Class.
Class 3 - Allowed Pre-Petition Secured Claim of Philip Sigel
Trustee are impaired with approximate claim amount $135,000.00.
Class 3 will receive on the Effective Date a distribution of New
Common Stock through the issuance of ten shares for every dollar
lent to the Debtor. The New Common Stock issued pursuant to the
Plan is issued pursuant to Section 1145(a) of the Bankruptcy Code
and accordingly federal and state registration and licensing laws
do not apply.
Class 6 - Allowed Claim of Shaya Yaki are impaired with approximate
claim amount $100,000.
Class 6 will receive on the Effective Date a distribution of New
Common Stock through the issuance of ten shares for every dollar.
Class 7 - Allowed Pre-Petition Shareholders are impaired with
approximate claim amount Approximately 189 Shareholders. Class 7
will receive nothing under the Plan and all Class 7 shares will be
stricken consistent with the absolute priority rule set forth in
Section 1129(b)(2) of the Code.
By way of summary, the Plan provides for the exchange of debt
created by the $2,000,000 DIP Facility for New Common Stock in the
Debtor at the rate of ten shares of common stock for every $1.00.
The Plan also provides for the exchange of the secured claim of
Philip Sigel Trustee in the amount of $135,000 and the Class 6
Claim of Shaya Yaki in the amount of $100,000 into shares of New
Common Stock in the Debtor at the rate of ten shares of common
stock for every $1.00. The exchange of the DIP Facility, the
Philip Sigel Trustee claim and the Class 6 Shaya Yaki Claim for New
Common Stock is pursuant to Section 1145(a) of the Bankruptcy Code.
Accordingly, Section 5 of the Securities Act of 1933 and any state
or local law requiring registration for offer or sale of a security
or registration or licensing of an issuer of, underwriter of, or
broker or dealer in, a security do not apply.
If the Plan is not confirmed, it is possible that the Debtor’s
Bankruptcy Case will be converted to a case under Chapter 7 of the
Bankruptcy Code, in which case a trustee would be appointed to
liquidate the Debtor's assets for distribution to creditors in
accordance with the priorities established by the Bankruptcy Code.
Whether a bankruptcy case is one under Chapter 7 or Chapter 11,
Secured Claims, Administrative Claims, and Priority Unsecured
Claims are entitled to be paid in full before unsecured creditors
receive any funds. The Chapter 7 trustee would be entitled to
receive the compensation allowed under 11 U.S.C. Section 326. The
trustee's compensation is based on 25% of the first $5,000 or less;
10% of any amount in excess of $5,000 but not in excess of $50,000;
5% of any amount in excess of $50,000 but not in excess of
$1,000,000; and reasonable compensation not to exceed 3% percent of
any amount in excess of $1,000,000, upon all moneys disbursed or
turned over in the case by the trustee to parties in interest,
excluding the Debtor, but including holders of secured claims.
A full-text copy of the First Amended Disclosure Statement dated
January 30, 2019, is available at http://tinyurl.com/yxc5p8fxfrom
PacerMonitor.com at no charge.
About DemeRx Inc.
DemeRx, Inc., is a pharmaceutical research and development company
headquartered in Miami, Florida.
DemeRx sought protection under Chapter 11 of the Bankruptcy Code
(Bankr. S.D. Fla. Case No. 18-14149) on April 9, 2018.
In the petition signed by CEO Deborah C. Mash, Ph.D, the Debtor
disclosed $24.88 million in assets and $2.06 million in
liabilities.
Judge Robert A. Mark presides over the case. The Debtor hired
Aaronson Schantz Beiley P.A. as its legal counsel, and Halloran
Farkas & Kittila, LLP, as its special counsel.
The Debtor filed its proposed Chapter 11 plan and disclosure
statement on August 20, 2018.
DOMINO ONE: Hires Andersen Law Firm as General Counsel
------------------------------------------------------
Domino One, LLC, seeks authority from the U.S. Bankruptcy Court for
the District of Nevada to employ Andersen Law Firm, Ltd., as
general reorganization counsel to the Debtor.
Domino One requires Andersen Law Firm to:
a) advise the Debtor with respect to its powers and duties as
a Debtor and debtors in possession in the continued
management and operation of its business and property;
b) attend meetings and negotiate with representatives of
creditors and other parties in interest and advise and
consult on the conduct of the chapter 11 case, including
the legal and administrative requirements of operating in
chapter 11;
c) take all necessary action to protect and preserve the
bankruptcy estate, including the prosecution of actions on
its behalf, the defense of any actions commenced against
the bankruptcy estate, negotiations concerning all
litigation in which Debtor may be involved, and objections
to claims filed against the bankruptcy estate;
d) prepare on behalf of the Debtor all motions, applications,
answers, orders, reports, and papers necessary to the
administration of the estate;
e) negotiate and prepare on the Debtor's behalf plan(s) of
reorganization, disclosure statement(s), and all related
agreements and/or documents and take any necessary action
on behalf of Debtor to obtain confirmation of such plan(s);
f) advise the Debtor in connection with any sale of assets;
g) appear before this Court, any appellate courts, and the
U.S. Trustee, and protect the interests of the bankruptcy
estate before such courts and the U.S. Trustee; and
h) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection
with its Case.
Andersen Law Firm will be paid at these hourly rates:
Attorneys $270 to $360
Paralegals $130
Andersen Law Firm will be paid a retainer in the amount of
$10,000.
Andersen Law Firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Ryan A. Andersen, a partner at Andersen Law Firm, 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/its estates.
Andersen Law Firm can be reached at:
Ryan A. Andersen, Esq.
Ani Biesiada, Esq.
ANDERSEN LAW FIRM, LTD.
101 Convention Center Drive, Suite 600
Las Vegas, NV 89109
Tel: (702) 522-1992
Fax: (702) 825-2824
E-mail: ryan@vegaslawfirm.legal
ani@vegaslawfirm.legal
About Domino One, LLC
Domino One, LLC, based in Las Vegas, NV, filed a Chapter 11
petition (Bankr. D. Nev. Case No. 18-15409) on Sept. 10, 2018. In
the petition signed by Ronald D. Harris, managing member, the
Debtor disclosed $869,000 in assets and $1,231,331 in liabilities.
Marilyn A. Caston, Esq., at Nevada Family Law Group, LLC, serves as
bankruptcy counsel to the Debtor. The Debtor hires Andersen Law
Firm, Ltd., as general reorganization counsel.
DORIAN LPG: Dimensional Fund Owns 5.76% of Common Stock
-------------------------------------------------------
Dimensional Fund Advisors LP reported that as of Dec. 31, 2018, it
beneficially owns 3,177,510 shares of common stock of Dorian LPG,
which represents 5.76 percent of the shares outstanding, according
to its most recent filing with the Securities and Exchange
Commission. Dimensional Fund Advisors LP, an investment adviser
registered under Section 203 of the Investment Advisors Act of
1940, furnishes investment advice to four investment companies
registered under the Investment Company Act of 1940, and serves as
investment manager or sub-adviser to certain other commingled
funds, group trusts and separate accounts. A full-text copy of the
regulatory filing is available for free at:
https://is.gd/EiT7Cc
About Dorian LPG
Stamford, Connecticut-based Dorian LPG Ltd. --
http://www.dorianlpg.com/-- is a liquefied petroleum gas shipping
company and an owner and operator of modern very large gas
carriers. Dorian LPG's fleet currently consists of twenty-two
modern VLGCs. Dorian LPG has offices in Stamford, Connecticut,
USA; London, United Kingdom; Copenhagen, Denmark; and Athens,
Greece.
Dorian LPG reported a net loss of US$20.40 million for the year
ended March 31, 2018, compared to a net loss of US$1.44 million for
the year ended March 31, 2017. As of Dec. 31, 2018, Dorian LPG had
$1.65 billion in total assets, $732.09 million in total
liabilities, and $927.45 million in total shareholders' equity.
DUMITRU MEDICAL: $25K Sale of Cleveland Property to Gonzalez Okayed
-------------------------------------------------------------------
Judge Mark A. Randon of the U.S. Bankruptcy Court for the Eastern
District of Michigan authorize the private sale by Dumitru Medical
Center, P.C., Doctor One Housecall Physicians, P.C., and Dumitru O.
Sandulescu, of Debtor Sandulescu's real property located at 1814
Forestdale Avenue, Cleveland, Ohio to Mercedes Gonzalez for
$25,000.
The sale is free and clear of all liens, claims, interests, and
encumbrances, with any Liens, Claims, and Encumbrances to attach to
the sale proceeds.
Notwithstanding Bankruptcy Rules 6004 and 6006, the Order will be
effective and enforceable immediately upon entry and its provisions
will be self-executing. Time is of the essence in closing the
Sale, and the Debtor and Mercedes González intend to close the
Sale by Jan. 16, 2019. Any party objecting to the Order must
exercise due diligence in filing an appeal and pursuing a stay, or
risk its appeal being foreclosed as moot.
If and to the extent that section 362 may be applicable to a
particular action in connection with the Purchase Agreement and
Sale, the automatic stay pursuant to section 362 of the Bankruptcy
Code is lifted with respect to the Debtors to the extent necessary,
without further order of the Court, to allow Aníbal Camargo to
deliver any notice provided for in the Purchase Agreement and allow
Aníbal Camargo to take any and all actions permitted under the
Purchase Agreement in accordance with the terms and conditions
thereof.
About Dumitru Medical Center
Dumitru Medical Center PC, Doctor One House Call Physicians PC and
their president Dumitru O. Sandulescu sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. E.D. Mich. Lead Case No.
18-52936) on Sept. 21, 2018.
In the petitions signed by Mr. Sandulescu, DMC, estimated assets of
less than $1 million and liabilities of less than $1 million.
Doctor One estimated less than $1 million in assets and less than
$500,000 in liabilities.
The Debtors tapped Lynn M. Brimer, Esq., at Strobl & Sharp, PC, as
their bankruptcy counsel. Howard Hanna R.E.S. is the Debtors' real
estate broker.
DWS CLOTHING: Cash Collateral Motion Continued to May 16
--------------------------------------------------------
The Hon. Erik P. Kimball of the U.S. Bankruptcy Court for the
Southern District of Florida has entered a second interim order
authorizing DWS Clothing Too, LLC to use cash collateral for
reasonable day to day expenses in accordance with the Budget,
subject to a 10% variance.
The Cash Collateral Motion is continued to May 16, 2019 at 1:30
p.m.
The Court confirms the grant assignment and pledge by the Debtor to
the Secured Creditor of a post-petition security interest and lien
(of the same validity, extend and priority as the Secured
Creditor's pre-petition security interests) in the Secured
Creditor's pre-petition collateral in and to (i) all proceeds from
the disposition of any of the cash collateral, and (ii) any and all
of its goods, property, assets and interests in property in which
the Secured Creditor held a lien or security interest prior to the
petition date whether now existing and/or owned and hereafter
arising and/or acquired and wherever located by the Debtor, and the
proceeds thereof.
A full-text copy of the Second Interim Order is available at
http://bankrupt.com/misc/flsb18-25551-56.pdf
About DWS Clothing Too
Operating as Alene Too, DWS Clothing Too, LLC, sells women's
clothes. DWS Clothing Too sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. S.D. Fla. Case No. 18-25551) on Dec.
14, 2018. At the time of the filing, the Debtor estimated assets
of less than $50,000 and liabilities of $1 million to $10 million.
The case is assigned to Judge Mindy A. Mora. Rappaport Osborne &
Rappaport, PLLC, is the Debtor's counsel.
EDWARD ASSOCIATES: March 20 Plan, Disclosure Statement Hearing
--------------------------------------------------------------
The combined hearing on the approval of the Disclosure Statement
and confirmation of the Plan filed by Edward Associates, LLC, is
scheduled for March 20, 2019 at 01:30 PM. Objections to the
disclosure statement is March 13.
Class S-1 under the plan is the secured claim of Premier Bank. This
claim is secured by the property owned by the Debtor located at
1223 Washington Street, East and is further secured by a
condominium located in Clearwater Beach, Florida. The Debtor
estimates the value of the real property at 1223 Washington Street,
East to be $1,650,000 and the condominium at Clearwater Beach,
Florida to be $450,000. In addition, principals Charles E. Boll, II
and others have guaranteed the claim of Premier Bank.
Charles E. Boll, II and Kim Pauley have made a decision to sell the
Florida condominium. The Bolls believe the condominium can sell at
a net price of approximately $450,000. Those proceeds will be
applied to the outstanding balance owed to Premier Bank. Steps are
underway to list the Florida condominium for sale. The Bolls
believe that a sale can be achieved within 90 to 120 days.
The total amount owed subject to liens on the real property located
at 1223 Washington Street, East and the Florida condominium is
approximately $1,650,000. If the Florida condominium sells first,
then it is hoped that a sale of the business building becomes more
feasible.
The Debtor has no unsecured creditors.
The effective date of this Plan is the 11th business day following
the date the of the entry of the order of confirmation. But if a
stay of the confirmation order is in effect on that date, the
effective date will be the first business day after that date on
which no stay of the confirmation order is in effect, provided that
the confirmation order has not been vacated.
A copy of the Combined Plan and Disclosure Statement is available
at https://is.gd/4SXnLJ from Pacermonitor.com at no charge.
About Edward Associates
Edward Associates, LLC, based in Charleston, WV, filed a Chapter 11
petition (Bankr. S.D. W.Va. Case No. 18-20528) on Oct. 29, 2018.
In its petition, the Debtor estimated $1 million to $10 million in
both assets and liabilities. The petition was signed by Charles E.
Boll, II, manager. Caldwell & Riffee, led by partner Joseph W.
Caldwell, is the Debtor's bankruptcy counsel.
ELEMENTS BEHAVIORAL: Seeks Supplement $1.1MM in Bankr. Financing
----------------------------------------------------------------
BankruptcyData.com reported that Elements Behavioral Health Inc.,
et al., requested Court approval for supplemental
debtor-in-possession ("DIP") financing of $1,100,000 and continued
access to cash collateral.
By its terms, the DIP Credit Agreement expired on February 8, 2019.
The Final DIP Order provided the Debtors with access to $29.9
million in postpetition funding.
The Debtors have determined, in their sound business judgment, that
additional postpetition financing in an amount up to $1,100,00 (the
'Second Supplemental Financing') is required to fund the Chapter 11
Cases through the closing of the approved Sale to DIP lender
Project Build Behavioral Health (PBBH) and confirmation of the
Combined Plan and Disclosure Statement. To that end, the Debtors
seek approval to enter the Second Amendment to the DIP Credit
Agreement. The Second Amendment would also extend the Maturity Date
to March 31, 2019, or the Effective Date of the Combined Plan and
Disclosure Statement.
About Elements Behavioral Health
Long Beach, California-based EBH Topco, LLC, along with its
subsidiaries -- http://www.elementsbehavioralhealth.com/-- are
providers of behavioral health services and residential drug and
alcohol addiction treatment. The Elements Behavioral Health(R)
family of programs offers comprehensive, innovative treatment for
substance abuse, sexual addiction, trauma, eating disorders, and
other mental health disorders.
EBH Topco, LLC (Lead Case), Elements Behavioral Health, Inc., and
certain of its affiliates sought Chapter 11 bankruptcy protection
on May 23, 2018 (Bankr. D. Del. Lead Case No. 18-11212).
In the petition signed by CRO Martin McGahan, the Debtors estimated
$50 million to $100 million in assets and under $100 million to
$500 million in liabilities.
Hon. Brendan Linehan Shannon oversees the Debtors' cases.
Christopher A. Ward, Esq., Shanti M. Katona, Esq., Stephen J.
Astringer, Esq., and Jeremy R. Johnson, at Polsinelli PC, serve as
counsel to the Debtors. The Debtors tapped Alvarez & Marsal LLC as
initial restructuring advisor; Houlihan Lokey Capital, Inc. as
investment banker; and Donlin, Recano & Company, Inc. as the notice
and claims agent.
On June 11, 2018, Andrew Vara, acting U.S. trustee for Region 3,
appointed an official committee of unsecured creditors. The
Committee retained Bayard P.A. as legal counsel; Arent Fox LLP as
co-counsel; and Zolfo Cooper, LLC as financial advisor.
ELEVATED ANALYTICS: Seeks to Hire Prince Yeates as Counsel
----------------------------------------------------------
Elevated Analytics Holdings, LLC, seeks authority from the U.S.
Bankruptcy Court for the District of Utah to employ Prince Yeates &
Geldzahler, as counsel to the Debtor.
Elevated Analytics requires Prince Yeates to:
-- advise the Debtor regarding its obligations and the
requirements of the bankruptcy code; and
-- represent the Debtor in negotiations with respect to issues
of cash collateral, executor contracts, avoidance actions,
and all other legal issues that may arise in the course of
the bankruptcy proceeding.
Prince Yeates will be paid at these hourly rates:
Attorneys $230 to $395
Associates $200 to $225
Paralegals $140 to $190
Prince Yeates has on hand a prepetition retainer in the amount of
$85,323.
Prince Yeates will also be reimbursed for reasonable out-of-pocket
expenses incurred.
T. Edward Cundick, a partner at Prince Yeates & Geldzahler, 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/its
estates.
Prince Yeates can be reached at:
Adam S. Affleck, Esq.
T. Edward Cundick, Esq.
PRINCE, YEATES & GELDZAHLER
A PROFESSIONAL CORPORATION
15 W. South Temple, Ste. 1700
Salt Lake City, UT 84101
Tel: (801) 524-1000
Fax: (801) 524-1098
E-mail: asa@princeyeates.com
tec@princeyeates.com
About Elevated Analytics Holdings
Elevated Analytics Holdings, LLC, provides timely and comprehensive
computational analysis for customers in the CPI/HPI. Formed in
2018, the Company previously operated as either of two now
wholly-owned subsidiaries: Elevated Analytics LLC and Air Stations
LLC.
Elevated Analytics Holdings, LLC, based in Provo, UT, filed a
Chapter 11 petition (Bankr. D. Utah Case No. 19-20541) on Jan. 30,
2019. In the petition signed by Patrick B. Keegan, president, the
Debtor estimated $1 million to $10 million in both assets and
liabilities.
The Hon. Kevin R. Anderson oversees the case. T. Edward Cundick,
Esq., at Prince Yeates & Geldzahler, serves as bankruptcy counsel.
FLYING SOFTWARE: $500K Sale of All Assets to Night Flight Approved
------------------------------------------------------------------
Judge Joel T. Marker of the U.S. Bankruptcy Court for the District
of Utah authorized Flying Software Labs, Inc.'s sale of
substantially all assets to Night Flight Trust for $500,000.
The sale is free and clear of all Encumbrances, with such
Encumbrances to continue in and attach to the Sale Proceeds.
Subject to the terms of the APA the occurrence of the Closing Date,
the assumption by the Debtor of the Purchased Contracts and the
assignment of such Purchased Contracts to the Purchaser, as
provided for or contemplated by the APA, be, and is, authorized and
approved.
Notwithstanding Bankruptcy Rules 6004, 6006, and 7062, the Sale
Order will be effective and enforceable immediately upon entry and
its provisions will be self-executing. In the absence of any
person or entity obtaining a stay pending appeal, the Debtor and
the Purchaser are free to close the transactions contemplated under
the APA at any time, subject to the terms of the APA.
A copy of the APA attached to the Order is available for free at:
http://bankrupt.com/misc/Flying_Software_60_Order.pdf
About Flying Software Labs
Flying Software Labs, Inc., is a provider of software as a service
business solutions for the aviation industry. Its wholly-owned
subsidiary MyFlightSolutions is an aviation technology company
based in Salt Lake City, Utah, that develops software applications
for the general aviation industry. MyFlightSolutions --
http://myflightsolutions.com/-- offers aviation business software
modules comprised of MyFlightFBO, MyFlightCharter, MyFlightMX Shop,
MyFlightTrain and MyFlightCoPilot.
Flying Software Labs sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Utah Case No. 18-28848) on Nov. 27,
2018. At the time of the filing, the Debtor disclosed $4.86
million in assets and $6.09 million in liabilities. The case is
assigned to Judge Joel T. Marker. Parsons Behle & Latimer is the
Debtor's legal counsel.
FTTE LLC: Seeks Continued Use of FTTE Finance Cash Collateral
-------------------------------------------------------------
FTTE, LLC, requests the U.S. Bankruptcy Court for the Middle
District of Florida for continued authority, on an interim basis,
to use cash collateral to pay the expenses incidental to the
operation of its business.
The Debtor has previously moved for the entry of an order
authorizing use of cash collateral, which motion was granted on an
interim basis through July 18, 2018 pursuant to the Court's First
Interim Order.
The Debtor believes that only FTTE Finance, LLC ("Finance") will
assert a lien against or upon its cash collateral. FTTE Finance
holds a lien against leasehold and all other property of the Debtor
securing its claim in the amount of $2,000,000.
The Debtor asserts that the delay in filing the instant motion was
based upon lengthy settlement negotiations between the Debtor, FTTE
Finance, First CZ Real Estate, LLC. During those negotiations the
Debtor adhered to the restrictions on use of cash collateral set
forth in the First Interim Order.
Now, the Debtor files a Second Motion to obtain a second interim
order authorizing the Debtor's continued use of cash collateral
generally and for purposes which include the following: (a) care,
maintenance, and preservation of the Debtor's assets; (b) payment
of business expenses; (c) payment of adequate protection payments
to the secured creditors as determined by the Court including the
cure of any arrearage, if any, as determined by this court; (d)
payment of unsecured creditors pursuant to a confirmed plan of
reorganization; (e) payment of the insider secured creditor on a
subordinated basis behind the Debtor's general unsecured creditors
pursuant to a confirmed plan of reorganization; and (f) costs of
administration in Debtor's Chapter 11 case.
According to its Second Motion, the Debtor requests that the Court
enter a second interim order authorizing the interim use of cash
collateral for a period of ninety days from the date of the order
granting the Second Motion nunc pro tunc to July 18, 2018.
The Debtor represents that as a condition of the use of the cash
collateral, the Debtor will not compensate its general counsel,
Mark Komray, from FTTE Finance's cash collateral going forward.
However, this would not prevent insiders of the Debtor including
the Debtor's members from compensating Komray from DIP loan
proceeds.
If allowed continued authorization to use cash collateral, the
Debtor believes that it can maintain its business operations and
maximize the value of its assets which will in turn maximize the
prospects of generating a dividend to the unsecured creditors.
A full-text copy of the Debtor's Second Motion is available at
http://bankrupt.com/misc/flmb18-00841-173.pdf
About FTTE, LLC
FTTE, LLC, is a limited liability company based in Punta Gorda,
Florida, filed a Chapter 11 petition (Bankr. M.D. Fla. Case No.
18-00841) on Feb. 2, 2018, estimating $50,000 in total assets and
$1 million to $10 million in total liabilities. The petition was
signed by Terry J. Cooke, manager of Taurus Adventure Mgt LLC, as
manager of the Debtor. Richard Johnston, Jr., of Johnston Law,
PLLC, is the Debtor's counsel.
GYMBOREE GROUP: Seeks to Hire Kutak Rock as Co-Counsel
------------------------------------------------------
Gymboree Group, Inc., and its debtor-affiliates seek authority from
the U.S. Bankruptcy Court for the Eastern District of Virginia to
employ Kutak Rock LLP, as co-counsel to the Debtors.
Gymboree Group requires Kutak Rock to:
a) provide legal advice and services regarding local rules,
practices, and procedures and provide substantive and
strategic advice on how to accomplish the Debtors' goals in
connection with the prosecution of these chapter 11 cases,
bearing in mind that the Court relies on co-counsel such
as Kutak Rock to be involved in all aspects of these
bankruptcy cases;
b) review, revise, and prepare drafts of documents to be filed
with the Court as co-counsel to the Debtors;
c) appear in Court and at any meeting with the U.S. Trustee
and any meeting of creditors at any given time on behalf of
the Debtors as their co-counsel;
d) perform various services in connection with the
administration of these chapter 11 cases, including,
without limitation, (i) preparing agendas, certificates of
no objection, certifications of counsel, notices of fee
applications, motions and hearings, and hearing binders of
documents and pleadings, (ii) monitoring the docket for
filings and coordinating with Milbank on pending matters,
(iii) preparing and maintaining critical dates memoranda to
monitor pending applications, motions, hearing dates, and
other matters and the deadlines associated therewith, and
(iv) handling inquiries from creditors, contract
counterparties and counsel to parties-in-interest regarding
pending matters and the general status of these chapter
11 cases and coordinating with Milbank on any necessary
responses;
e) interact and communicate with the Court's chambers and the
Court's Clerk's Office;
f) assist the Debtors and Milbank in preparing, reviewing,
revising, filing and prosecuting pleadings related to
contested matters, executory contracts and unexpired
leases, asset sales, plan and disclosure statement issues
and claims administration and resolving objections and
other matters relating thereto, to the extent requested by
the Debtors or Milbank and not duplicative of services
being provided by Milbank; and
g) perform all other services assigned by the Debtors, in
consultation with Milbank, to Kutak Rock as co-counsel to
the Debtors, and to the extent Kutak Rock determines that
such services fall outside of the scope of services
historically or generally performed by the firm as co-
counsel in a bankruptcy proceeding, Kutak Rock will file a
supplemental declaration pursuant to Bankruptcy Rule 2014
and give parties in interest opportunity to object.
Kutak Rock will be paid at these hourly rates:
Partners $420 to $570
Associates $305
Paralegals $145 to $185
Prior to the Petition Date, the Debtors made classic retainer
payments to the Firm totaling $120,000 in the aggregate.
Kutak Rock will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael A. Condyles, a partner at Kutak Rock 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.
Kutak Rock can be reached at:
Michael A. Condyles, Esq.
Peter J. Barrett, Esq.
Jeremy S. Williams, Esq.
Brian H. Richardson, Esq.
KUTAK ROCK LLP
901 East Byrd Street, Suite 1000
Richmond, VA 23219-4071
Tel: (804) 644-1700
Fax: (804) 783-6192
About Gymboree Group
San Francisco-based Gymboree Group -- https://www.gymboree.com/ --
owns a portfolio of three children's clothing and accessories
brands -- Gymboree, Janie and Jack and Crazy 8 -- each offering a
different product line with a distinct brand identity and targeted
product offering. Since its start in 1976, Gymboree Group has
grown from offering mom-and-baby classes in the San Francisco Bay
Area to currently operating over 900 retail stores in the United
States and Canada, along with franchises around the world.
Gymboree Group, Inc., and its affiliates sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. E.D. Va. Lead Case No.
19-30258) on Jan. 17, 2019. At the time of the filing, Gymboree
Group estimated assets of $100 million to $500 million, and
liabilities of $50 million to $100 million.
The cases are assigned to Judge Keith L. Phillips.
The Debtors tapped Milbank, Tweed, Hadley & McCloy LLP as general
bankruptcy counsel; Kutak Rock LLP as local counsel; Stifel,
Nicolaus & Company, Incorporated and Berkeley Research Group, LLC
as financial advisors; Hilco Real Estate, LLC as real estate
Consultant; and Prime Clerk LLC as real estate consultant.
John Fitzgerald, acting U.S trustee for Region 4, appointed an
official committee of unsecured creditors on Jan. 23, 2019.
GYMBOREE GROUP: Seeks to Hire Milbank Tweed as Counsel
------------------------------------------------------
Gymboree Group, Inc., and its debtor-affiliates seek authority from
the U.S. Bankruptcy Court for the Eastern District of Virginia to
employ Milbank Tweed Hadley & McCloy LLP, as counsel to the
Debtors.
Gymboree Group requires Milbank Tweed to:
a. advise the Debtors with respect to their rights, powers,
and duties as debtors in possession in the operation of
their business and the management of their properties;
b. advise and consult on the conduct of the chapter 11 cases,
including all of the legal and administrative requirements
of operating in chapter 11;
c. advise and assist the Debtors in connection with one or
more sales of their assets under section 363 of the
Bankruptcy Code;
d. advise the Debtors and taking all necessary or appropriate
actions at the Debtors' direction with respect to
protect and preserve the Debtors' estates, including
the defense of any actions commenced against the
Debtors, the negotiation of disputes in which the Debtors
are involved, and the preparation of objections to claims
filed against the Debtors' estates;
e. attend meetings and negotiate with representatives of
creditors and other parties in interest, including
governmental authorities, as necessary;
f. draft all necessary or appropriate pleadings in connection
with the chapter 11 cases, including motions, applications,
answers, orders, reports, and papers necessary or otherwise
beneficial to the administration of the Debtors' estates;
g. represent the Debtors in connection with obtaining
authority to continue using cash collateral and
postpetition financing;
h. advise the Debtors concerning executory contract and
unexpired lease assumptions, assignments, and rejections;
i. appear before the Court and any appellate courts to
represent the interests of the Debtors' estates;
j. advise the Debtors regarding tax matters;
k. take all necessary or appropriate actions in connection
with a chapter 11 plan and related disclosure statement,
and such further actions as may be required in connection
with the administration of the Debtors' estates; and
l. perform all other necessary legal services in connection
with these chapter 11 cases, including, without limitation,
any general corporate legal services.
Milbank Tweed will be paid at these hourly rates:
Partners $1,155 to $1,540
Counsels $1,120 to $1,315
Senior Attorneys $1,080
Associates $450 to $995
Legal Assistants $220 to $360
In the one year period prior to the Petition Date, Milbank Tweed
received payments from the Debtors totaling $7,001,668, and is
currently holding a retainer of $567,715.
Milbank Tweed 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. Milbank Tweed did not agree to a variation of its standard
or customary billing arrangements for this engagement;
b. None of Milbank Tweed's professionals included in this
engagement have varied their rate based on the geographic
location of these cases;
c. Milbank Tweed represented the Debtors in the twelve months
prior to the Petition Date. The billing rates and material
financial terms in connection with such representation have
not changed postpetition, other than due to annual and
customary firm-wide adjustments to Milbank Tweed's hourly
rates in the ordinary course of Milbank Tweed's business;
and
d. The Debtors and Milbank Tweed intend to develop a
prospective budget and staffing plan in a reasonable effort
to comply with the U.S. Trustee's requests for information
and additional disclosures. Consistent with the U.S.
Trustee Guidelines, the budget may be amended as necessary
to reflect changed or unanticipated developments.
Evan R. Fleck, a partner at Milbank Tweed, 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/its estates.
Milbank Tweed can be reached at:
Evan R. Fleck, Esq.
Dennis F. Dunne, Esq.
Michael W. Price, Esq.
MILBANK TWEED HADLEY & MCCLOY LLP
28 Liberty Street
New York, NY 10005
Tel: (212) 530-5000
Fax: (212) 530-5219
About Gymboree Group
San Francisco-based Gymboree Group -- https://www.gymboree.com/ --
owns a portfolio of three children's clothing and accessories
brands -- Gymboree, Janie and Jack and Crazy 8 -- each offering a
different product line with a distinct brand identity and targeted
product offering. Since its start in 1976, Gymboree Group has grown
from offering mom-and-baby classes in the San Francisco Bay Area to
currently operating over 900 retail stores in the United States and
Canada, along with franchises around the world.
Gymboree Group, Inc., and its affiliates sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. E.D. Va. Lead Case No.
19-30258) on Jan. 17, 2019. At the time of the filing, Gymboree
Group estimated assets of $100 million to $500 million and
liabilities of $50 million to $100 million.
The cases are assigned to Judge Keith L. Phillips.
The Debtors tapped Milbank, Tweed, Hadley & McCloy LLP as general
bankruptcy counsel; Kutak Rock LLP as local counsel; Stifel,
Nicolaus & Company, Incorporated and Berkeley Research Group, LLC
as financial advisors; Hilco Real Estate, LLC as real estate
Consultant; and Prime Clerk LLC as real estate consultant.
John Fitzgerald, acting U.S trustee for Region 4, appointed an
official committee of unsecured creditors on Jan. 23, 2019. The
Committee tapped Hahn & Hessen LLP as lead counsel; and Tavenner &
Beran, PLC, as local counsel.
HALCYON VALENCIA: Seeks to Hire Margulies Faith as Counsel
----------------------------------------------------------
Halcyon Valencia Partners, L.P., seeks authority from the U.S.
Bankruptcy Court for the Central District of California to employ
Margulies Faith LLP, as bankruptcy counsel to the Debtor.
Halcyon Valencia requires Margulies Faith to:
(a) advise and counsel the Debtor regarding matters of
bankruptcy law;
(b) represent the Debtor regarding its legal rights and
responsibilities under the Bankruptcy Code, the United
States Trustee Notices and Guides, and to assist the
Debtor in the administration of its bankruptcy estate;
(c) advise and assist the Debtor with respect to negotiating,
structuring, obtaining Court approval of, and consummating
any sales of estate assets;
(d) advise the Debtor with respect to the negotiation,
preparation and confirmation of a plan of reorganization;
(e) represent the Debtor in proceedings or hearings before the
Bankruptcy Court in matters involving bankruptcy law or in
litigation in the Bankruptcy Court in matters relating to
bankruptcy law;
(f) assist the Debtor in the preparation of reports, accounts,
applications and orders involving matters of bankruptcy
law; and
(g) provide such other services as are typically rendered by
counsel for a debtor in possession in a chapter 11 case.
Margulies Faith will be paid at these hourly rates:
Partners $595
Associates $395 to $485
Paralegals $225
Margulies Faith received a prepetition retainer from the Debtor in
the aggregate amount of $50,000. As of the Petition Date,
Margulies Faith had rendered legal services and incurred expenses
on behalf of the Debtor in the amount of $13,913, leaving a balance
of $36,087.
Margulies Faith will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Jeremy W. Faith, a partner at Margulies Faith, 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.
Margulies Faith can be reached at:
Jeremy W. Faith, Esq.
Monsi Morales, Esq.
MARGULIES FAITH LLP
16030 Ventura Blvd., Suite 470
Encino, CA 91436
Tel: (818) 705-2777
Fax: (818) 705-3777
E-mail: Jeremy@MarguliesFaithLaw.com
Monsi@MarguliesFaithLaw.com
About Halcyon Valencia Partners
Halcyon Valencia Partners, L.P., based in Tarzana, CA, filed a
Chapter 11 petition (Bankr. C.D. Cal. Case No. 18-13100) on Dec.
31, 2018. The petition was signed by Gurmeet Sahani, president of
AGS Enterprises, Inc., general partner. In its petition, the
Debtor estimated $0 to $50,000 in assets and $1 million to $10
million in liabilities. The Hon. Martin R. Barash oversees the
case. Jeremy W. Faith, Esq., at Margulies Faith LLP, serves as
bankruptcy counsel to the Debtor.
HUT AIRPORT: Trustee Hires Bennington Moshofsky as Accountant
-------------------------------------------------------------
Kenneth S. Eiler, the Chapter 11 Trustee of Hut Airport Limousine,
Inc., seeks authority from the U.S. Bankruptcy Court for the
District of Oregon to employ Bennington Moshofsky, P.C., as
accountant to the Trustee.
The Trustee requires Bennington Moshofsky to:
-- review the Debtor's prior accounting and record keeping;
-- prepare financial statements;
-- review and prepare monthly 2015 Reports;
-- prepare state and federal tax returns;
-- review the Debtor's employee benefit plans; and
-- assist the Chapter 11 Trustee in such accounting and tax
matters as he may require.
Bennington Moshofsky will be paid at the hourly rates of $100 to
$250.
Bennington Moshofsky will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Inna Schtokh, a partner at Bennington Moshofsky, 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.
Bennington Moshofsky can be reached at:
Inna Schtokh
BENNINGTON MOSHOFSKY, P.C.
4800 SW Griffith Drive, Suite 350
Beaverton, OR 97005
Tel: (503) 641-2600
About Hut Airport Limousine
HUT Airport Limousine, Inc., doing business as HUT Airport Shuttle
-- http://www.hutshuttle.com/-- is an airport shuttle services
company based in Albany, Oregon. Hut Shuttle has pick-up and
drop-off service at the following locations: Albany (HUT Office),
Albany Comfort Suites, Corvallis (Hilton Garden), Eugene (UO
Student Rec Center), OSU McNary Hall (West stairwell), Portland
Airport (PDX), Salem Airport (SLE), and Woodburn (Best Western).
HUT Airport Limousine filed a Chapter 11 petition (Bankr. D. Ore.
Case No. 18-63699) on Dec. 6, 2018.
Judge Thomas M. Renn oversees the case.
Barnes Law Offices, PC, led by principal, Keith D. Karnes, is the
Debtor's counsel.
Judge Thomas M. Renn of the U.S. Bankruptcy Court for the District
of Oregon approved the appointment of Kenneth S. Eiler as Chapter
11 trustee.
ICONIX BRAND: Dimensional Fund Is No Longer a Shareholder
---------------------------------------------------------
Dimensional Fund Advisors LP has ceased to beneficially own shares
of common stock of Iconix Brand Group Inc. as of Dec. 31, 2018,
according to its most recent filing with the Securities and
Exchange Commission. Dimensional Fund previously reported
beneficial ownership of 4,224,437 Common Shares as of Dec. 31,
2017, which represents 7.38 percent of the shares outstanding.
Dimensional Fund, an investment adviser registered under Section
203 of the Investment Advisors Act of 1940, furnishes investment
advice to four investment companies registered under the Investment
Company Act of 1940, and serves as investment manager or
sub-adviser to certain other commingled funds, group trusts and
separate accounts. In certain cases, subsidiaries of Dimensional
Fund Advisors LP may act as an adviser or sub-adviser to certain
Funds. In its role as investment advisor, sub-adviser and/or
manager, Dimensional Fund Advisors LP or its subsidiaries may
possess voting and/or investment power over the securities of the
Issuer that are owned by the Funds, and may be deemed to be the
beneficial owner of the shares of the Issuer held by the Funds.
However, all securities reported in this schedule are owned by the
Funds. Dimensional disclaims beneficial ownership of those
securities.
A full-text copy of the regulatory filing is available for free at:
https://is.gd/Pm4GNj
About Iconix Brand
Broadway, New York-based Iconix Brand Group, Inc. --
http://www.iconixbrand.com/-- is a brand management company and
owner of a diversified portfolio of over 30 global consumer brands
across the women's, men's, entertainment, home and international
segments. The Company's business strategy is to maximize the value
of its brands primarily through strategic licenses and joint
venture partnerships around the world, as well as to grow the
portfolio of brands through strategic acquisitions. Iconix Brand
owns, licenses and markets a portfolio of consumer brands
including: Candie's, Bongo, Joe Boxer, Rampage, Mudd, London Fog,
Mossimo, Ocean Pacific/OP, Danskin/Danskin Now, Rocawear/Roc
Nation, Cannon, Royal Velvet, Fieldcrest, Charisma, Starter,
Waverly, Ecko Unltd/Mark Ecko Cut & Sew, Zoo York, Umbro, Lee
Cooper, and Artful Dodger; and interests in Material Girl, Ed
Hardy, Truth or Dare, Modern Amusement, Buffalo, Hydraulic, and
PONY brands. The Company licenses its brands to a network of
retailers and manufacturers.
Iconix Brand incurred a net loss attributable to the Company of
$489.3 million in 2017, a net loss attributable to the Company of
$252.1 million in 2016, and a net loss attributable to the Company
of $186.5 million in 2015. As of Sept. 30, 2018, the Company had
$711.3 million in total assets, $751.6 million in total
liabilities, $34.64 million in redeemable non-controlling interest,
and a total stockholders' deficit of $74.90 million.
The Company stated in its 2017 Annual Report that due to certain
developments, including the decision by Target Corporation not to
renew the existing Mossimo license agreement following its
expiration in October 2018 and by Walmart, Inc., not to renew the
existing Danskin Now license agreement following its expiration in
January 2019, and the Company's revised forecasted future earnings,
the Company forecasted that it would unlikely be in compliance with
certain of its financial debt covenants in 2018 and that it may
otherwise face possible liquidity challenges in 2018. The Company
said these factors raised substantial doubt about its ability to
continue as a going concern. The Company's ability to continue as
a going concern is dependent on its ability to raise additional
capital and implement its business plan.
INDUSTRIAL LAB: $50K Sale of Assets to Industrial Lab Assoc. Okayed
-------------------------------------------------------------------
Judge Patrick M. Flatley of the U.S. Bankruptcy Court for the
Northern District of West Virginia authorized Industrial Lab
Analysis, Inc.'s sale to Industrial Lab Associates, Inc. of (a) the
following vehicles: (i) a 2013 Acura T1, (ii) a 2016 Honda CRV, and
(iii) a 2008 BMW 328Xi for $20,000, plus assumption of the
obligation to complete payment to Bank of America secured by a lien
on the 2016 Honda CRV and to Main Street Bank secured by a lien on
the 2008 BMW 328Xi; (b) laboratory equipment described on Exhibit A
for $30,000.
The Agreement to sell the vehicles and other assets to the
Purchaser is approved. The Debtor is authorized to complete the
sale on the terms and conditions as set forth in the Agreement.
About Industrial Lab Analysis
Industrial Lab Analysis, Inc., was incorporated in 1982. The
incorporation was of an existing business which had been operating
for many years. Its primary business is and has been the testing
of water samples primarily for coal mines but also for other
entities to assist in assuring compliance with environmental laws.
Industrial Lab Analysis, Inc., sought Chapter 11 protection (Bankr.
N.D. W.Va. Case No. 18-01161) on Dec. 26, 2018. The Debtor tapped
Thomas McK. Hazlett, Esq., at Hanlon, Estadt, McCormick & Schramm,
as counsel.
INNOVATIVE MATTRESS: Hires Jackson, Morris as Special Counsels
--------------------------------------------------------------
Innovative Mattress Solutions, LLC, and its debtor-affiliates seek
authority from the U.S. Bankruptcy Court for the Eastern District
of Kentucky to employ Jackson Kelly PLLC, and Morris Nichols Arsht
& Tunnell LLP, as special counsels to the Debtors.
Innovative Mattress requires the firms to assist the Debtors in a
limited purpose of preparing opinion letters in connection with the
DIP Facility. More specifically, Jackson, will prepare opinion
letter for KB&A, the West Virginia debtor entity, with respect to
the DIP Facility and for Brown Immobilien LLC solely with respect
to real property it owns in West Virginia. Morris will prepare the
opinion letters for the Delaware Debtor entities with respect to
the DIP Facility.
The firms will be paid at these hourly rates:
Attorneys $400 to $1,035
Paraprofessionals $270 to $310
The firms will also be reimbursed for reasonable out-of-pocket
expenses incurred.
To the best of the Debtors' knowledge 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 Debtors and their estates.
The firms can be reached at:
Jackson Kelly PLLC
175 E Main St.
Lexington, KY 40507
Tel: (859) 255-9500
- and –
Morris Nichols Arsht & Tunnell LLP
1201 North Market Street, 16th Floor
Wilmington, DE 19899-1347
Tel: (302) 658-9200
Fax: (302) 658-3989
About Innovative Mattress
Innovative Mattress Solutions, LLC, operates 142 specialty sleep
retail locations primarily in the southeastern U.S. under the names
Sleep Outfitters, Mattress Warehouse, and Mattress King. It offers
sleep outfitters, complete beds, electric adjustable beds, bed bug
protectors, sheets and pillows. Innovative Mattress Solutions was
founded in 1983 and is based in Lexington, Kentucky.
Innovative Mattress Solutions, LLC, and 10 affiliates sought
Chapter 11 protection (Bankr. E.D. Ky. Lead Case No. 19-50042) on
Jan. 11, 2019. The Hon. Gregory R. Schaaf is the case judge.
Innovative Mattress estimated assets of $10 million to $50 million
and liabilities of the same range. The Debtors tapped Delcotto Law
Group PLLC as counsel; Jackson Kelly PLLC, and Morris Nichols Arsht
& Tunnell LLP, as special counsels; Brown, Edwards & Company,
L.L.P. as accountant; and Conway Mackenzie, Inc. as financial
advisor.
KC7 RANCH: CMP's $32.5M Sale of All Assets to Franklin Approved
---------------------------------------------------------------
Judge Mark X. Mullin of the U.S. Bankruptcy Court for the Northern
District of Texas authorized Joseph M. Coleman, Chief Marketing
Professional for the bankruptcy estate of KC7 Ranch, Ltd. and its
affiliated Debtors, to sell substantially all the Debtors' assets
to Franklin Mountain KC7, LLC for $32.5 million.
The Sale Hearing was held on Jan. 25, 2019.
The sale is free and clear of all Liens and Claims, with all such
Liens and Claims to attach to the proceeds of the sale.
The Closing Date will occur on Feb. 15, 2019, or such other date
that is within 15 days thereafter at the discretion of the CMP or
as the CMP and the Purchaser may mutually agree or is otherwise
ordered by the Court.
Hitachi Infrastructure Systems (America), LLC possesses a properly
perfected secured claim in and against the Property. It declined
to exercise its right to credit bid.
All ad valorem taxes owed and unpaid by the Debtors with respect to
the Property which are secured by first and prior liens on the
Property, if any exist, will be paid at Closing of the sale
contemplated.
All amounts payable by the Purchaser in performance of the
Purchaser APA, including the Purchase Price, will be paid by wire
transfer at Closing directly to Lawyers Title Lathram Pou &
Associates, 4131 N. Central Expressway, Dallas, Texas 75204,
Attention: Monica Forman, as escrow agent on behalf of the
Debtors.
The Title Company will distribute and/or escrow, as applicable, the
following amounts from the Purchase Price received at Closing:
A. Hitachi: Pursuant to the Order Granting Joint Motion of
Hitachi and the Darden Claimants for an order Approving and
Allowing the Modified Claims of Hitachi, as Ordered, Hitachi will
be paid at Closing as follows: (i) secured claim in the amount of
$22,450,152; plus (ii) interest accrued through Jan. 31, 2019 in
the amount of $2,807,042; plus (iii) interest accruing from Feb. 1,
2019 through Closing at the rate of $7,541 per day, in the event
Closing does not occur prior to Feb. 1, 2019; plus (iv)
Post-Petition Fees, Costs/Expenses, in the amount of $763,164,
pursuant to the Hitachi Infrastructure's Application to Determine
Amount of Reasonable Post-Petition Fees, Costs, and Expenses, etc.;
and the entry of the Order will constitute an Order of the Court
approving, as filed, the Expense Application, and no further
hearing on the Expense Application is necessary; plus (v) escrow,
pending further Court order, a reserve for approved Hitachi
Post-Petition Fees, Costs and Expenses for the period on and after
Jan. 1, 2019, in the amount of $90,000.
B. CMP: Pursuant to the Order Authorizing and Approving
Debtors' Retention of a Chief Marketing Professional, Joseph M.
Coleman will receive at Closing payment in the amount of $998,250.
C. Broker: Pursuant to the Order Granting Expedited
Application to Retain Broker, Icon Global Group/Briggs Freeman
Sotheby's International Realty will receive a 6% commission in the
amount of $1.95 million.
D. Waterfall Escrow: Escrow, pending further Court order, a
reserve in the amount of $2,006,000 for the benefit of Hitachi
America, Ltd. in connection with the Net Proceeds calculation of
the Hitachi Claims Order.
Notwithstanding the escrowed amounts set forth, such escrowed
amounts will not constitute a limitation upon Hitachi or Hitachi
America, Ltd., or otherwise affect any parties' rights related
thereto, with all such rights being expressly reserved.
Any pre or post-petition Liens and Claims on the Property will
attach only to the sale proceeds of assets sold.
Pursuant to sections 105(a) and 365(a) of the Bankruptcy Code, the
contract identified on Exhibit E to the Purchaser APA, namely that
certain Grazing Lease No. 8634 by and between KC7 Ranch, Ltd., as
lessee, and Texas Pacific Land Trust, as lessor, will be assumed
and assigned to the Purchaser effective as of Closing.
Additionally, the Debtors will obtain a recordable Memorandum of
the Designated Contract, if necessary, for the Title Company to
issue the Title Policy. No cure amounts are due and owing Texas
Pacific Land Trust, as lessor, of the Designated Contract.
The Debtors are hereby authorized and directed, in accordance with
sections 105(a) and 365 of the Bankruptcy Code, to: (a) assume and
assign to the Purchaser, effective upon Closing, the Designated
Contract; and (b) execute and deliver to the Purchaser such
documents or other instruments as may be necessary or preferable to
assign and transfer such Designated Contract to Purchaser,
including Exhibit E to the Purchaser APA.
The Order is effective and enforceable immediately upon entry
notwithstanding any provision in the Bankruptcy Code or the
Bankruptcy Rules, including, without limitation, Bankruptcy Rules
6004(h) and 6006(d).
At Closing, the Title Company will disburse and/or escrow, as the
case may be, in addition to the amounts necessary to payoff
Hitachi's liens and such other amounts set forth, the following
amounts: (i) $100,401 for the Owner Title Policy, (ii) $2,500 in
other Title Charges, (iii) $5,846 for survey fees, ad valorem and
related property taxes, included pro-rated amounts, and such other
amounts as set forth on the Title Company's closing statement as
approved by both the Title Company and the Debtors, as the Sellers.
The Title Company is authorized to pay amounts substantially
similar to items (i) through and including (iii) in this paragraph,
given the final amounts may differ by immaterial amounts. After
Closing and the payment as provided herein and in the Title
Company's closing statement together with any appropriate escrows,
all remaining amounts will be delivered to the Debtors by the Title
Company.
About KC7 Ranch
Based in Fort Worth, Texas, KC7 Ranch, Ltd., is a privately held
company that owns a real property asset known as the "KC7 Ranch".
KC7 Ranch filed for Chapter 11 bankruptcy protection (Bankr. N.D.
Tex. Case No. 17-45166) on Dec. 28, 2017. In the petition signed
by its president Thomas F. Darden, the Debtor estimated assets
between $50 million and $100 million, and liabilities between $10
million and $50 million.
Carrington, Coleman, Sloman & Blumenthal, L.L.P., serves as counsel
to the Debtor. The Law Office of Wesley C. Stripling IV, is the
special counsel. On Aug. 21, 2018, Joseph M. Coleman was appointed
chief marketing professional for the Debtors. Bernard Uechtritz
of
d1e Icon Global Group/Briggs Freeman Sotheby's International Realty
is the broker.
KING FARMS: Seeks Authorization to Use Cash Collateral
------------------------------------------------------
King Farms seeks authority from the U.S. Bankruptcy Court for the
Western District of Tennessee to use cash collateral in the
ordinary course of its business.
Farmers and Merchants Bank ("FMB") holds a first priority security
interest in the crop proceeds of the Debtor. FMB claims a security
interest securing the indebtedness to FMB in an unknown amount at
this time. The United States Department of Agriculture holds a
second security interest in a minor portion of the crop proceeds of
the debtor.
The Debtor believes the income generated from the collection of the
crop proceeds may constitute cash collateral, and its finances will
be disrupted and the chances for a successful rehabilitation
reduced if Debtor will be unable to use the proceeds in the
ordinary course of business.
A copy of the Debtor's Motion is available at
http://bankrupt.com/misc/tnwb19-10139-8.pdf
About King Farms
King Farms filed a Chapter 11 bankruptcy petition (Bankr. D. Tenn.
Case No. 19-10139) on Jan. 22, 2019. The Debtor hired Strawn Law
Firm as counsel.
LUBY'S INC: Dimensional Fund Has 7.4% Stake as of Dec. 31
---------------------------------------------------------
In a Schedule 13G/A filed with the Securities and Exchange
Commission, Dimensional Fund Advisors LP reported beneficial
ownership of 2,201,011 shares of common stock of Luby's Inc., as of
Dec. 31, 2018, which represents 7.42 percent of the shares
outstanding. Dimensional Fund Advisors LP, an investment adviser
registered under Section 203 of the Investment Advisors Act of
1940, furnishes investment advice to four investment companies
registered under the Investment Company Act of 1940, and serves as
investment manager or sub-adviser to certain other commingled
funds, group trusts and separate accounts. A full-text copy of the
regulatory filing is available for free at:
https://is.gd/wmamoH
About Luby's
Houston, Texas- based Luby's, Inc. (NYSE: LUB) --
http://www.lubysinc.com/-- operates 140 restaurants nationally as
of Dec. 19, 2018: 82 Luby's Cafeterias, 57 Fuddruckers, one
Cheeseburger in Paradise restaurants. Luby's is the franchisor for
103 Fuddruckers franchise locations across the United States
(including Puerto Rico), Canada, Mexico, the Dominican Republic,
Panama, and Colombia. Luby's Culinary Contract Services provides
food service management to 30 sites consisting of healthcare,
corporate dining locations, and sports stadiums.
Luby's reported a net loss of $33.56 million for the year ended
Aug. 29, 2018, compared to a net loss of $23.26 million for the
year ended Aug. 30, 2017. As of Dec. 19, 2018, Luby's had $208.89
million in total assets, $100.83 million in total liabilities, and
$108.05 million in total shareholders' equity.
Grant Thornton LLP, in Houston, Texas, issued a "going concern"
qualification in its report on the consolidated financial
statements for the year ended Aug. 29, 2018, noting that the
Company sustained a net loss of approximately $33.6 million and net
cash used in operating activities of approximately $8.5 million.
The Company's term and revolving debt of approximately $39.5
million is due May 1, 2019. The Company was in default of certain
debt covenants of its term and revolving credit agreements maturing
on May 1, 2019. On Aug. 24, 2018, the lenders agreed to waive the
existing events of default resulting from any breach of certain
financial covenants or the limitation on maintenance capital
expenditures, in each case that may have occurred during the period
from and including May 9, 2018 until Aug. 24, 2018, and any related
events of default. Additionally, the lenders agreed to waive the
requirements that the Company comply with certain financial
covenants until Dec. 31, 2018, at which time the Company will be in
default without an additional waiver or alternative financing.
These conditions, along with other matters, raise substantial doubt
about the Company's ability to continue as a going concern.
LUNA DEVELOPMENTS: Receiver Hires Furr Cohen as Counsel
-------------------------------------------------------
Alan Barbee, the court appointed receiver of Luna Developments
Group, LLC, seeks authority from the U.S. Bankruptcy Court for the
Southern District of Florida to employ Furr Cohen, as attorneys to
the Receiver.
The Receiver requires Furr Cohen to:
a. serve as general bankruptcy counsel to the Receiver, to
receive service of all notices and papers and be
responsible for the progress of the case in accordance
with Local Rule 2090-1;
b. advise the Receiver with respect to his powers and duties
as a debtor in possession and the continued management of
the Debtor's financial affairs;
c. advise the Receiver 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;
d. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
e. protect the interest of the Receiver, the Debtor, and the
estate in all matters pending before the Court; and
f. represent the Receiver in negotiation with creditors of the
estate and in the preparation of a plan.
Furr Cohen will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Robert C. Furr, a partner at Furr Cohen, 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.
Furr Cohen can be reached at:
Robert C. Furr, Esq.
Jason S. Rigoli, Esq.
FURR COHEN
2255 Glades Road, Suite 301E
Boca Raton, FL 33431
Tel: (561) 395-0500
Fax: (561) 338-7532
E-mail: rfurr@furrcohen.com
jrigoli@furrcohen.com
About Luna Developments Group
The receiver of Luna Developments Group, LLC, based in West Palm
Beach, FL, filed a Chapter 11 petition (Bankr. S.D. Fla. Case No.
19-11169) for Luna Developments on Jan. 28, 2019. In the petition
signed by Alan Barbee, the receiver appointed by Florida State
Court, the Debtor disclosed $5,000,000 in assets and $3,366,816 in
liabilities. The Hon. Erik P. Kimball oversees the case. Robert C.
Furr, Esq., at Furr Cohen, serves as bankruptcy counsel to the
Debtor.
MAYFLOWER COMMUNITIES: Hires Donlin as Claims and Noticing Agent
----------------------------------------------------------------
Mayflower Communities, Inc., seeks authority from the U.S.
Bankruptcy Court for the Northern District of Texas to employ
Donlin Recano & Company, Inc., as claims and noticing agent to the
Debtor.
Mayflower Communities requires Donlin to:
a) prepare and serve required notices and documents in the
Chapter 11 case in accordance with the Bankruptcy Code and
the Bankruptcy Rules in the form and manner directed by
the Debtors and the Court including: (i) notice of the
commencement of the Chapter 11 cases 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; (iv) notices of objections to claims
and objections to transfers of claims; (v) notices of any
hearings on a disclosure statement and confirmation of the
Debtors' plan or plans of reorganization, including under
Bankruptcy Rule 3017(d); (vi) notice of the effective date
of any plan; (vii) notice of hearing on motions filed by
the Office of the United States Trustee for the District
of Delaware (the '"U.S. Trustee'"); (viii) any motion to
convert, dismiss, appoint a trustee, or appoint an
examiner filed by the U.S. Trustee's office; and (ix) all
other notices, orders, pleadings, publications, and other
documents as the Debtors or Court may deem necessary or
appropriate for an orderly administration of the Chapter
11 cases;
b) maintain an official copy of the Debtors' schedules of
assets and liabilities and statement of financial affairs
(collectively, the "Schedules"), listing the Debtors'
Known creditors and the amounts owed thereto;
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 and those parties that have filed a
notice of appearance pursuant to Bankruptcy Rule 9010;
update said lists 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 the filing of proofs of claim and a form for the
filing of a proof of claim, after such notice and form are
approved by the Court, and notify said potential creditors
of the existence, amount and classification of their
respective claims as set forth in the Schedules, which may
be effected by inclusion of such information, or the lack
thereof, in cases where the Schedules indicate no debt 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 process all mail
received;
f) for all notices, motions, orders, or other pleadings or
documents served, prepare and file or cause to be filed
with the Clerk an affidavit or certificate of service
within seven (7) business days of service which includes:
(i) either a copy of the notice served or the docket
number(s) and title of the pleadings 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, and check said processing for
accuracy, and maintain the original proofs of claim in a
secure area;
h) maintain the official claims register for each Debtor
(collectively, the "Claims Registers") on behalf of the
Clerk; upon the Clerk's request, provide the Clerk with
certified, duplicate unofficial Claims Registers; and
specify in the Claims Registers the following information
for each claim docketed: (i) the claim number assigned;
(ii) the date received; (iii) the name and address of the
claimant and agent, if applicable, who filed the claim;
(iv) the amount asserted; (v) the asserted
classification(s) of the claim (e.g., secured, unsecured,
priority, etc.); (vi) the applicable 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 Donlin, not
less than weekly;
l) upon completion of the docketing process for all claims
received to date for 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,
address changes, and claims-related pleadings and orders
filed and make necessary notations on and changes to the
claims register;
n) assist in the dissemination of information to the public
and respond to requests for administrative information
regarding the case as directed by the Debtors or the
Court, including through the use of a case website and
call center;
o) thirty (30) days prior to the close of the bankruptcy case,
request the Debtor submits to the Court a proposed Order
dismissing Donlin and terminating the services of such
agent upon completion of its duties and responsibilities
and upon the closing of the bankruptcy case;
p) within seven (7) days of notice to Donlin of entry of an
order closing the chapter 11 case, provide to the Court the
final version of the claims register as of the date
immediately before the close of the chapter 11 case; and
q) at the close of this case, box and transport all original
documents, in proper format, as provided by the Clerk's
Office, to (i) the Federal Archives Record Administration;
or (ii) any other location requested by the Clerk's Office.
Donlin will be paid at these hourly rates:
Executive Management No charge
Senior Bankruptcy Consultant $130-$165
Case Manager $90-$130
Technology/Programming Consultant $60-$100
Consultant/Analyst $50-$80
Clerical $25-$45
Donlin will be paid a retainer in the amount of $25,000.
Donlin will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Nellwyn Voorhies, executive director of Donlin Recano & 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 Debtors and their
estates.
Donlin can be reached at:
Nellwyn Voorhies
DONLIN RECANO & COMPANY, INC.
6201 15th Avenue
Brooklyn, NY 11219
Toll Free Tel: (800) 591-8236
About Mayflower Communities
Mayflower Communities, Inc. --
https://www.thebarringtonofcarmel.com/ -- operates The Barrington
of Carmel a senior living retirement community in Carmel, Indiana.
Mayflower provides nursing care, memory support, rehabilitation,
retirement home, assisted living, and independent living.
Mayflower Communities sought Chapter 11 relief (Bankr N.D. Tex.
Case No. 19-30283) on Jan. 30, 2019, estimating $50 million to $100
million in assets and $100 million to $500 million in liabilities.
The Hon. Harlin DeWayne Hale oversees the case.
DLA PIPER LLP (US), led by Andrew Ball Zollinger and Thomas R.
Califano, and Rachel Nanes, serve as counsel to the Debtor. ANKURA
CONSULTING GROUP, LLC, is the restructuring advisor. LARX ADVISORS,
INC., is the financial advisor. CUSHMAN & WAKEFIELD U.S., INC., is
serving as investment banker. DONLIN RECANO & COMPANY, INC., is
the claims agent.
MCCLATCHY CO: Dimensional Fund Owns 4.9% of Class A Shares
----------------------------------------------------------
Dimensional Fund Advisors LP disclosed in a Schedule 13G/A filed
with the Securities and Exchange Commission that as of Dec. 31,
2018, it beneficially owns 265,430 shares of Class A common stock
of McClatchy Co., which represents 4.93 percent of the shares
outstanding. Dimensional Fund Advisors LP, an investment adviser
registered under Section 203 of the Investment Advisors Act of
1940, furnishes investment advice to four investment companies
registered under the Investment Company Act of 1940, and serves as
investment manager or sub-adviser to certain other commingled
funds, group trusts and separate accounts.
A full-text copy of the regulatory filing is available for free
at:
https://is.gd/yTRtME
About McClatchy
The McClatchy Company operates 30 media companies in 14 states,
providing each of its communities with news and advertising
services in a wide array of digital and print formats. McClatchy
is a publisher of iconic brands such as the Miami Herald, The
Kansas City Star, The Sacramento Bee, The Charlotte Observer, The
(Raleigh) News & Observer, and the (Fort Worth) Star-Telegram.
McClatchy is headquartered in Sacramento, Calif., and listed on the
New York Stock Exchange American under the symbol MNI.
McClatchy incurred a net loss of $332.4 million for the year ended
Dec. 31, 2017, following a net loss of $34.19 for the year ended
Dec. 25, 2016. As of Sept. 30, 2018, McClatchy had $1.30 billion
in total assets, $149.8 million in total current liabilities, $1.39
billion in total non-current liabilities, and a stockholders'
deficit of $241.22 million.
* * *
In March 2018, S&P Global Ratings lowered its corporate credit
rating on The McClatchy Co. to 'CCC+' from 'B-'. The rating
outlook is stable. "The downgrade reflects our view that
McClatchy's capital structure is unsustainable at current leverage
and discretionary cash flow (DCF) levels. Still, we don't expect a
default to occur during the next 12 months. McClatchy has no
imminent liquidity concerns, full availability on its $65 million
revolving credit facility due 2019, low capital expenditures, and
it generates positive DCF.
McClatchy continues to hold Moody's Investors Service's "Caa1"
corporate family rating. In December 2015, Moody's affirmed the
"Caa1" corporate family rating rating and changed the rating
outlook to stable from positive due to continued weakness in the
print advertising market and the ongoing pressure on the company's
operating cash-flow. McClatchy's "Caa1" Corporate Family Rating
reflects persistent revenue pressure on the company's newspaper and
print operations, reliance on cyclical advertising spending, and
its high leverage including a large underfunded pension.
MEYERS-STERNER INDUSTRIES: Hires ChildersLaw as Counsel
-------------------------------------------------------
Meyers-Sterner Industries, Inc., seeks authority from the U.S.
Bankruptcy Court for the District of Florida to employ ChildersLaw
LLC, as counsel to the Debtor.
Meyers-Sterner Industries requires ChildersLaw to:
a. prepare all schedules, statements, declarations, and other
papers to be filed in this case on behalf of the Debtor;
b. advise and counsel the Debtor with respect to its
responsibilities in complying with the U. S. Trustee's
Guidelines and Reporting Requirements and with the rules
and Orders of the Court;
c. defend any causes of action on behalf of the Debtor;
d. protect the interests of the Debtor in all matters before
the Court;
e. prepare on behalf of the Debtor all necessary applications,
motions, reports, pleadings, orders, adversary proceedings,
and other legal documents necessary in the Chapter 11 case;
f. counsel the Debtor with regard to its rights and
obligations as a Debtor-in-Possession;
g. represent the Debtor in negotiation with its creditors and
in preparation of a Chapter 11 Plan of Reorganization and a
Disclosure Statement; and
h. provide all services to the Debtor of a legal nature in the
field of bankruptcy law.
ChildersLaw will be paid at these hourly rates:
Attorneys $395
Associates $150
Paraprofessionals $50
ChildersLaw has been paid $36,000 by the Debtor, of which $15,000
was paid before the filing of this case.
ChildersLaw will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Seldon J. Childers, a partner at ChildersLaw 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.
ChildersLaw can be reached at:
Seldon J. Childers, Esq.
CHILDERSLAW LLC
2135 NW 40th Terrace, Suite B
Gainesville, FL 32605
Tel: (866) 996-6104
Fax: (407) 209-3870
E-mail: jchilders@smartbizlaw.com
About Meyers-Sterner Industries
Meyers-Sterner Industries, Inc., filed a Chapter 11 bankruptcy
petition (Bankr. M.D. Fla. Case No. 18-08047) on Dec. 31, 2018,
estimating under $1 million in both assets and liabilities. The
Debtor is represented by Seldon J. Childers, Esq., at ChildersLaw
LLC.
MGTF RADIO: Taps Diamond McCarthy as Special Counsel
----------------------------------------------------
MGTF Radio Company, LLC and WPNT, Inc., received approval from the
U.S. Bankruptcy Court for the Eastern District of Missouri to hire
Diamond McCarthy LLP as special counsel.
The firm will assist the Debtors in the investigation, analysis and
recommendations related to the pursuit of potential claims against
their pre-bankruptcy lenders.
Allan Diamond, Esq., the lead lawyer, will charge an hourly fee of
$750. The hourly rates for other attorneys range from $275 to
$495.
Diamond McCarthy is "disinterested" as defined in section 101(14)
of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Allan B. Diamond, Esq.
Diamond McCarthy LLP
Two Houston Center
909 Fannin Street, 37th Floor
Houston, TX 77010
Phone: (713) 333-5100
Fax: (713) 333-5199
Email: adiamond@diamondmccarthy.com
About MGTF Radio Company
MGTF Radio Company, LLC, which conducts business under the name
Steel City Media, is a multimedia company offering print, radio,
and digital advertising solutions. Its stations include Country
KBEQ (Q104), Country KFKF, Top 40 KMXV (MIX 93.3), and AC KCKC (KC
102.1). The company was founded in 1984 and is based in
Pittsburgh, Pennsylvania, with a location in Kansas City,
Missouri.
MGTF Radio Company and its affiliate WPNT, Inc. sought protection
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Mo. Lead Case
No. 18-41671) on March 20, 2018. In the petitions signed by Michael
J. Frischling, vice president, MGTF Radio and WPNT estimated assets
and liabilities of $50 million to $100 million.
The Debtors hire Carmody MacDonald P.C. as their legal counsel; and
Smithwick & Belendiuk, P.C., as special counsel.
No official committee of unsecured creditors has been appointed.
MIKE TAMANA: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Mike Tamana Freight Lines, LLC
P.O. Box 2816
Ceres, CA 95307
Business Description: Mike Tamana Freight Lines, LLC --
http://miketamana.com-- is a family owned
company that specializes in the
transportation of temperature controlled and
dry freight with truck load service
throughout the United States, mainly
servicing the lanes in California, Oregon,
Washington, Utah, Indiana, Nevada, Arizona,
New Mexico, and Texas. Mike Tamana Freight
Lines owns and operates a fleet of over 75
sleeper cabs and five day cabs trucks and
110 refrigerated trailers.
Chapter 11 Petition Date: February 8, 2019
Court: United States Bankruptcy Court
Eastern District of California (Modesto)
Case No.: 19-90122
Judge: Hon. Ronald H. Sargis
Debtor's Counsel: Reno F.R. Fernandez, III, Esq.
MACDONALD FERNANDEZ LLP
914 13th St
Modesto, CA 95354-0903
Tel: 415-362-0449
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Amanjot Tamana, president and manager.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free at:
http://bankrupt.com/misc/caeb19-90122_creditors.pdf
A full-text copy of the petition is available for free at:
http://bankrupt.com/misc/caeb19-90122.pdf
MISSION COAL: Disclosures Okayed, March 20 Plan Hearing Set
-----------------------------------------------------------
BankruptcyData.com reported that Mission Coal Company, et al.,
filed a Third Amended Disclosure Statement, which attaches a
red-line showing changes from version filed on February 7, 2019.
The amendments reflect changes agreed between the parties during a
telephonic hearing held on February 8, 2019 and do not include any
changes to the treatment of creditor classes.
The adequacy of the Disclosure Statement and procedures relating to
the solicitation of Plan votes were subsequently approved,
BankruptcyData noted.
The changes agreed include, (i) firmer language as to the Debtors'
obligation to pursue a section 363 asset sale should any successful
bidder prefer that path, (ii) an extension of the deadlines further
to which the Debtors' unsecured creditors committee can continue to
pursue certain claims against the Debtors and (iii) further
disclosure as to those creditors' claims.
The following summary of classes, claims, voting rights and
projected recoveries is unchanged (defined terms are as defined in
the Disclosure Statement):
Class 1 ("Other Priority Claims") is unimpaired, deemed to accept
and not entitled to vote on the Plan. Expected recovery is 100%.
Each Holder of an Allowed Other Priority Claim shall receive
payment in full in cash or other treatment rendering such claim
unimpaired.
Class 2 ("Other Secured Claims") is unimpaired, deemed to accept
and not entitled to vote on the Plan. Expected recovery is N/A.
Class 3 ("DIP Facility Claims") is impaired (the summary claims
table lists the class as impaired/unimpaired) and entitled to vote
on the Plan. The estimated aggregate amount of claims is $209.2
million. Expected recovery of 69%-95%.
Class 4 ("Second Lien Secured Claims") is impaired and entitled to
vote on the Plan. Each holder of an Allowed Second Lien Secured
Claim will receive its pro rata share, based on the Allowed amount
of its Second Lien Secured Claim, of the Sale Transaction Proceeds,
solely to the extent the DIP Facility Claims are paid in full in
cash. The estimated aggregate amount of claims is $71.7 million to
$127.2 million. Expected recovery of 0%.
Class 5 ("General Unsecured Claims") is impaired and entitled to
vote on the Plan. The estimated aggregate amount of claims is $87.7
million to $1,414.0 million and expected recovery is 0%. Each
holder of an Allowed General Unsecured Claim will receive (i) its
pro rata share of the General Unsecured Claims Amount as provided
in Article IVE (if any), and (ii) the Sale Transaction Proceeds, to
the extent the DIP Facility Claims and the Second Lien Secured
Claims are paid in full in cash. NB: The low range of the General
Unsecured Claims estimate is representative of a Successful Bidder
assuming the Debtors' CBAs and retiree obligations, i.e., quite
unlikely.
Class 6 ("Intercompany Claims") is impaired/unimpaired, deemed to
accept or reject the Plan and not entitled to vote on the Plan. The
estimated aggregate amount of claims is $401.8 million and expected
recovery is N/A. Each Intercompany Claim will, at the election of
the Debtors be reinstated; or cancelled, released, and extinguished
as of the Plan Effective Date, and will be of no further force or
effect. Unimpaired, in which case the Holders of Allowed
Intercompany Claims in Class 6 are conclusively presumed to have
accepted the Plan or Impaired, and not receiving any distribution
under the Plan, in which case the Holders of Allowed Intercompany
Claims in Class 6 are deemed to have rejected the Plan.
Class 7 ("Intercompany Interests") is impaired/unimpaired, deemed
to accept or reject the Plan and not entitled to vote on the Plan.
Each Intercompany Claim will, at the election of the Debtors be
reinstated; or cancelled, released, and extinguished as of the Plan
Effective Date, and will be of no further force or effect.
Unimpaired, in which case the Holders of Allowed Intercompany
Claims in Class 7 are conclusively presumed to have accepted the
Plan or Impaired, and not receiving any distribution under the
Plan, in which case the Holders of Allowed Intercompany Claims in
Class 7 are deemed to have rejected the Plan.
Class 8 ("Section 510(b) Claims") is impaired, deemed to reject and
not entitled to vote on the Plan.
Class 9 ("Interests") is impaired, deemed to reject and not
entitled to vote on the Plan.
The court scheduled a confirmation hearing for March 20, 2019.
About Mission Coal Company
Mission Coal Company LLC and its subsidiaries are engaged in the
mining and production of metallurgical coal, also known as "met"
coal, which is a critical component of the steelmaking process.
The Company is headquartered in Kingsport, Tennessee and operate
subterranean, surface, and longwall mining complexes in West
Virginia and Alabama. The Company employs 1,075 individuals on a
full-time or part-time basis.
Mission Coal and 10 of its subsidiaries filed for bankruptcy
protection in the U.S. Bankruptcy Court for the Northern District
of Alabama (Birmingham) on Oct. 14, 2018, with Lead Case No.
18-04177. In the petition signed by CRO Kevin Nystrom, Mission
Coal estimated assets and liabilities of $100 million to $500
million.
Daniel D. Sparks, Esq. and Bill D. Bensinger, Esq., of Christian &
Small LLP, as well as James H.M. Sprayregen, P.C., Brad Weiland,
Esq., and Melissa N. Koss, Esq., of Kirkland & Ellis LLP and
Kirkland & Ellis International LLP, serve as counsel to the
Debtors. The Debtors also tapped Jefferies LLC as investment
banker, Zolfo Cooper LLC as financial advisor, and Omni Management
Group as notice and claims agent.
On Oct. 25, 2018, the Bankruptcy Administrator for the Northern
District of Alabama appointed the Official Committee of Unsecured
Creditors. The Committee retained Lowenstein Sandler LLP, as
counsel; Baker Donelson Bearman Caldwell & Berkowitz, PC, as local
counsel; and Berkeley Research Group, LLC, as financial advisor.
MOUNT JOY BAPTIST: Case Summary & 11 Unsecured Creditors
--------------------------------------------------------
Debtor: Mount Joy Baptist Church of Washington, D.C.
aka Mount Joy Baptist Church
5410 Indian Head Highway
Oxon Hill, MD 20745
Business Description: Mount Joy Baptist Church is a baptist church
in Oxon Hill, Maryland.
Chapter 11 Petition Date: February 8, 2019
Court: United States Bankruptcy Court
District of Maryland (Greenbelt)
Case No.: 19-11707
Debtor's Counsel: Craig Palik, Esq.
MCNAMEE HOSEA PA
6411 Ivy Lane, Suite 200
Greenbelt, MD 20770
Tel: 301-441-2420
Fax: 301-982-9450
E-mail: cpalik@mhlawyers.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Rev. Bruce Mitchell, pastor and chief
executive officer.
A full-text copy of the petition containing, among other items, a
list of the Debtor's 11 unsecured creditors is available for free
at:
http://bankrupt.com/misc/mdb19-11707.pdf
NASHVILLE PHARMACY: Taps PYA to Provide Accounting Services
-----------------------------------------------------------
Nashville Pharmacy Services LLC received approval from the U.S.
Bankruptcy Court for the Middle District of Tennessee to hire
accounting firm PYA P.C.
PYA will serve as an independent review organization in accordance
with the Corporate Integrity Agreement between the Debtor and the
Office of the Inspector General of the Department of Health and
Human Services.
The services to be provided by the firm include reviewing the
reimbursement received by the Debtor and its collection or waiver
of cost-sharing amounts for prescriptions. The firm will also
prepare a claims review report.
PYA will charge these hourly fees:
Junior Staff $295
Senior Staff $330
Managers/Supervisors $385 - $535
Partners $550
PYA does not represent any interest adverse to the Debtor's
bankruptcy estate, according to court filings.
About Nashville Pharmacy Services
Nashville Pharmacy Services, LLC, operates NPS Pharmacy, a pharmacy
specializing in HIV and AIDS-related medicine.
Nashville Pharmacy Services sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. M.D. Tenn. Case No. 18-08144) on Dec.
8, 2018. At the time of the filing, the Debtor estimated assets of
$10 million to $50 million and liabilities of the same range. The
case is assigned to Judge Marian F. Harrison. The Debtor tapped
Bass, Berry & Sims PLC as its bankruptcy counsel, and Waller
Lansden Dortch & Davis, LLP as its special counsel.
No official committee of unsecured creditors has been appointed.
NEIGHBORHOOD HEALTH: Trustee Taps Huron as Consultant
-----------------------------------------------------
Stephen Falanga, the Chapter 11 trustee for Neighborhood Health
Services Corporation, received approval from the U.S. Bankruptcy
Court for the District of New Jersey to hire Huron Consulting
Services LLC as consultant.
The trustee requires financial and operational consulting services
specific to Federally Qualified Health Centers in order to assist
with the assessment of restructuring options and the continued
stabilization of the Debtor's finances and operations, and to
develop and implement a performance improvement plan.
Huron Consulting will be paid $100,000 for its services.
The firm is "disinterested" as defined in Section 101(14) of the
Bankruptcy Code, according to court filings.
Huron Consulting can be reached through:
Larry E. Stuckey, II
Huron Consulting Services LLC
370 17th Street, Suite 2100
Denver, CO 80202
About Neighborhood Health Services
Neighborhood Health Services Corporation sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 15-10277)
on Jan. 7, 2015. In the petition signed by Siddeeq El Amin,
chairman, board of directors, the Debtor estimated assets of $1
million to $10 million and liabilities of $1 million to $10
million. Judge Vincent F. Papalia oversees the case. Giordano,
Halleran & Ciesla, P.C. is the Debtor's bankruptcy counsel.
NIAGARA FRONTIER: Cash Collateral Hearing Continued to March 6
--------------------------------------------------------------
The Hon. Michael J. Kaplan the U.S. Bankruptcy Court for the
Western District of New York to has entered a seventh interim order
authorizing Niagara Frontier Country Club, Inc. to use cash
collateral as set forth in the interim budget pending final hearing
on the Motion.
The final hearing on the Debtor's Cash Collateral Motion is
continued to March 6, 2019 at 10:00 a.m.
M&T Bank is granted roll-over or replacement liens granting
security to the same extent, in the same priority, and with respect
to the same assets which served as collateral for its Prepetition
M&T Indebtedness, to the extent of cash collateral actually used
during the pendency of Debtor's Chapter 11 case.
Richard Elia is granted roll-over or replacement liens granting
security to the same extent, in the same priority, and with respect
to the same assets which served as collateral for Debtor's
indebtedness to him, to the extent of cash collateral actually used
during the pendency of Debtor's Chapter 11 case.
The Debtor is directed to provide to M&T Bank and Richard Elia an
accounting as to all cash collateral expended by the Debtor as of
Jan. 27, 2019, Feb. 3, 2019, Feb. 10, 2019, Feb. 17, 2019, Feb. 24,
2019 and March 3, 2019, respectively.
A full-text copy of the Seventh Interim Order is available at
http://bankrupt.com/misc/nywb18-11695-109.pdf
About Niagara Frontier Country Club
Niagara Frontier Country Club, Inc. --
http://niagarafrontiergolfclub.com/-- is a private,
membership-based golf club located in Youngstown, New York. The
18-hole Niagara Frontier course at the Niagara Frontier Country
Club facility features 6,236 yards of golf from the longest tees
for a par of 70.
Niagara Frontier Country Club sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. W.D.N.Y. Case No. 18-11695) on Aug. 30,
2018. In the petition signed by Henry Sandonato, president, the
Debtor estimated assets of $1 million to $10 million and
liabilities of $1 million to $10 million. Judge Michael J. Kaplan
oversees the case.
NINE WEST: Seeks Court Approval of $512-Mil. in Exit Financing
--------------------------------------------------------------
BankruptcyData.com reported that Nine West Holdings, et al.,
requested Court authority to:
(i) enter into a commitment letter for a $325 million term
loan facility with Goldman Sachs Bank USA and a related fee letter
and
(ii) enter into a commitment letter (the "ABL Commitment
Letter") for a $187.5 million ABL facility with Wells Fargo Bank,
N.A. that includes a $12.5 million first-in, last-out term loan
facility and a related fee letter.
The Term Loan Facility and the ABL Facility are referred to as the
"Exit Facilities".
The Debtors also filed a motion requesting authority to file the
two fee letters under seal and to redact portions of the Term Loan
Commitment Letter.
Summary of Term Loan Facility
Term Loan Facility: A senior secured term loan facility (the "Term
Loan Facility") in an aggregate principal amount equal to $325.0
million.
Borrower: Nine West Holdings, Inc., a Delaware corporation (the
"Borrower").
Guarantors: Jasper Parent LLC, a Delaware limited liability company
("Holdings"), each of the Borrower's wholly-owned subsidiaries and
any other entity (other than the Borrower with respect to its own
obligations) that guarantees or is a borrower under the ABL
Facility (the foregoing, collectively, the "Guarantors"; the
Guarantors and the Borrower shall be referred to herein
collectively as the "Loan Parties").
Term Loan Agent: As yet unnamed
Term Loan Lenders: The Initial Lender and certain other financial
institutions selected by the Arranger in consultation with, and
reasonably acceptable to, the Borrower (such consent not to be
unreasonably withheld, delayed or conditioned), other than
Disqualified Institutions (the "Term Loan Lenders").
Term: The Term Loan Facility will mature on the date that is five
years after the Closing Date (the "Maturity Date").
Interest Rates and Fees:
(a) Interest Rate: The interest rate applicable to the Term Loans
will be LIBOR (subject to a 1.00% floor) plus 8.00% per annum (the
"Applicable Margin"),
(b) Interest Periods and Interest Payment Dates: LIBOR interest
periods shall be 1, 2, 3, 6, or, if consented to all relevant
affected Term Loan Lenders, 12 months or a shorter period (as
selected by the Borrower). Interest shall be paid on the last day
of each relevant interest period and, in the case of any interest
period longer than 3 months, on each successive date 3 months after
the first day of such interest period.
(c) Default Rate: During the continuance of an event of default
under the Term Loan Operative Documents, at the option of the
Requisite Lenders (or automatically in the case of a payment or
bankruptcy Event of Default), all overdue amounts will bear
interest at a rate equal to 2.00% per annum plus the otherwise
applicable rate.
Financial Covenant: The Term Loan Operative Documents will contain
a maximum Total Net Leverage Ratio financial maintenance covenant,
set (i) at 5.50:1.00 for each fiscal quarter ending after the
Closing Date and through and including March 31, 2020, (ii) at
5.00:1.00 for the fiscal quarters ending June 30, 2020, September
30, 2020 and December 31, 2020, (iii) at 4.50:1.00 for the fiscal
quarters ending March 31, 2021 and June 30, 2021, (iv) at 4.00:1.00
for the fiscal quarters ending September 30, 2021, December 31,
2021, March 31, 2022 and June 30, 2022 and (v) at 3.50:1.00
thereafter (the "Financial Covenant"), which shall be tested on the
last day of each fiscal quarter of the Borrower, and which shall
otherwise be acceptable to the Term Loan Lenders; it being
understood that (1) borrowings under the ABL Facility shall not be
included in the numerator of the Total Net Leverage Ratio and (2)
"Consolidated EBITDA" shall be calculated in a manner that is
substantially similar as that set forth in the materials delivered
to the Commitment Party on January 17, 2019.
Security: Subject to the Intercreditor Agreement, the Term Loan
Facility will be secured, with the priority described below under
the heading "Priority", by a perfected security interest in and
lien on all or substantially all of the Loan Parties’ tangible
and intangible assets interests in a manner substantially
consistent with the Documentation Principles (collectively, the
"Collateral").
Priority: Subject to the Intercreditor Agreement and subject to
Documentation Principles: (a) all amounts owing by the Loan Parties
under the Term Loan Facility shall at all times be secured by a
perfected (i) first priority lien on all Term Loan Priority
Collateral (to be defined in a manner substantially consistent with
the Intercreditor Agreement) and (ii) second priority lien on all
ABL Priority Collateral (to be defined in a manner substantially
consistent with the Intercreditor Agreement, excluding clause (11)
of the definition thereof), junior only to the liens of the ABL
Facility with respect thereto, subject to permitted liens; and (b)
all amounts owing by the Loan Parties under the ABL Facility shall
at all times be secured by a perfected (i) first priority lien on
all ABL Priority Collateral and (ii) second priority lien on all
Term Loan Priority Collateral.
Summary of the ABL Facility
ABL Facility: Subject to the terms under the heading
"Availability," an aggregate principal amount of $187,500,000 will
be available through the following facilities: (a) Revolving
Facility: a $175 million revolving credit facility (the "Revolving
Facility") available from time to time until the fifth anniversary
of the Closing Date, which will include a $30 million sublimit for
the issuance of letters of credit (the "Letters of Credit") and a
$15 million sublimit for swingline loans (each a "Swingline Loan").
Letters of Credit will be issued by Wells Fargo (in such capacity,
the "Issuer"). Swingline Loans will be made available by Wells
Fargo, and each of the Lenders under the Revolving Facility will
purchase an irrevocable and unconditional participation in each
Letter of Credit and each Swingline Loan and (b) FILO Facility: a
$12.5 million first in, last out term loan facility (the "FILO
Facility"). The FILO Facility shall be advanced in full on the
Closing Date. Once repaid, no portion of the FILO Facility may be
re- borrowed.
Borrowers: Nine West Holdings, Inc., a Delaware corporation (the
"Company"), Kasper Group LLC, a Delaware limited liability company,
New One Jeanswear Group, LLC, a New York limited liability company,
and/or any entity formed to hold any newly issued equity in respect
of the Debtors or any assets transferred from the Company upon its
emergence from bankruptcy (collectively, the "Borrowers").
Guarantors: The obligations of the Borrowers and their subsidiaries
under the ABL Senior Credit Facility and under any treasury
management, bank products, interest protection or other hedging
arrangements entered into with the Administrative Agent, a Lender
(or any affiliate thereof) or their counterparties selected by a
Borrower (as reasonably acceptable to the Administrative Agent
(such acceptance not to be unreasonably withheld, conditioned or
delayed)) will be guaranteed by Jasper Parent LLC, a Delaware
limited liability company that is the direct parent of the Company
("Holdings"),1 each other obligor, if any, of the Exit Term Loan
Facility, and each existing and future direct and indirect wholly
owned domestic subsidiary of the Borrowers (collectively, the
"Guarantors", and together with the Borrowers, the "Loan Parties").
Notwithstanding the foregoing, the guaranty requirements will be
subject to exceptions subject to Documentation Principles. All
guarantees will be guarantees of payment and not of collection.
Administrative Agent: Wells Fargo Bank, National Association
("Wells Fargo") will act as sole administrative agent (in such
capacity, the "Administrative Agent").
Lead Arranger: Wells Fargo will act as sole lead arranger and sole
bookrunner (in such capacities, the "Lead Arranger").
Lenders: A group of lenders that are reasonably acceptable to the
Borrowers arranged by the Lead Arranger, provided that no such
Lender shall be a Disqualified Lender (collectively, the
"Lenders").
Use of Proceeds: The proceeds of the ABL Senior Credit Facility
shall be used solely for, in each case in a manner consistent with
the terms and conditions herein, (a) repayment of the loans and all
other obligations under the DIP Credit Agreement, (b) payments
described in the Approved Plan, (c) payment of fees, costs and
expenses incurred in connection with consummation of the Approved
Plan, and (d) for working capital, capital expenditures and other
general corporate purposes of the Loan Parties and their respective
subsidiaries (including acquisitions, investments, restricted
payments and other transactions permitted by the ABL Senior Credit
Facility).
Term: The ABL Senior Credit Facility will terminate and all amounts
outstanding thereunder will be due and payable in full on the
earlier of (i) five years after the Closing Date and (ii) 91 days
prior to the maturity of the Exit Term Loan Facility if the Exit
Term Loan Facility is not repaid, refinanced, amended or modified
to extend its maturity to a date that is at least 91 days after the
fifth anniversary of the Closing Date prior to such date.
Interest Rates: The interest rates per annum applicable to the ABL
Senior Credit Facility (other than in respect of Swingline Loans)
will be LIBOR plus the Applicable Rate (as hereinafter defined) or,
at the option of the Borrowers, the Base Rate (to be defined as the
highest of (a) the Federal Funds Rate plus ½ of 1%, (b) the Wells
Fargo prime rate and (c) LIBOR plus 1.00%) plus the Applicable
Rate. "Applicable Rate" means a percentage per annum to be
determined in accordance with the pricing grid set forth below.
Each Swingline Loan shall bear interest at the Base Rate plus the
Applicable Rate for Base Rate loans under the Revolving Facility.
Notwithstanding anything to the contrary contained herein, to the
extent that, at any time, LIBOR shall be less than zero, LIBOR
shall be deemed to be zero for purposes of the Senior Credit
Facility. The Applicable Rate for the period from the Closing Date
through the first full fiscal quarter of the Borrowers after the
Closing Date shall be as set forth in Level II below. The Borrowers
may select interest periods of one, two, three or six months for
LIBOR loans, subject to availability. Interest shall be payable at
the end of the selected interest period, but no less frequently
than quarterly. During the continuance of any default under the
Senior Credit Facility Documentation (as hereinafter defined), at
the option of the Lenders, the Applicable Rate on obligations owing
under the Senior Credit Facility Documentation shall increase by 2%
per annum.
Security: Substantially the same as the Existing Credit Agreement
subject to the Documentation Principles.
Financial Covenant: If at any time Excess Availability is less than
the greater of (x) $14,000,000, and (y) 10% of the Maximum
Borrowing Amount (as calculated without giving effect to the FILO
Reserve), the Loan Parties shall maintain a Fixed Charge Coverage
Ratio for the trailing twelve-month period most recently ended
equal to or greater than 1.00 to 1.00.
The motion attached the following exhibits:
Exhibit A: Proposed Order
Exhibit B: Term Loan Commitment Letter
Exhibit C: Term Loan Fee Letter (filed under seal)
Exhibit D: ABL Commitment Letter
Exhibit E: ABL Fee Letter (filed under seal)
Exhibit F: Lefkovits Declaration
About Nine West
Nine West Holdings Inc. is a footwear, accessories, women's
apparel, and jeanswear company with a portfolio of brands that
includes Nine West, Anne Klein, and Gloria Vanderbilt. The company
is a wholesale partner to major U.S. retailers and has
international licensing arrangements covering more than 1,200
points of sale around the world.
In April 2014, Sycamore Partners Management, L.P., acquired The
Jones Group Inc. for $2.2 billion via leveraged buyout. As part of
the transaction, The Jones Group merged with several affiliates,
and the newly merged company was renamed as Nine West Holdings.
On April 6, 2018, Nine West Holdings, Inc., and 10 affiliates
sought Chapter 11 protection (Bankr. S.D.N.Y. Lead Case No.
18-10947) to right size their balance sheet, sell the Nine West
Group's assets, and execute on their turnaround strategy to
concentrate exclusively on their One Jeanswear Group, Kasper Group,
The Jewelry Group, and Anne Klein businesses.
In addition to the chapter 11 cases, Jones Canada, Inc., and Nine
West Canada LP commenced foreign insolvency proceeding under the
Bankruptcy and Insolvency Act in Canada.
The Hon. Shelley C. Chapman is the U.S. case judge.
The Debtors tapped Kirkland & Ellis LLP as counsel; Lazard Freres &
Co. as investment banker; Alvarez & Marsal North America LLC as
interim management and financial advisory services provider;
Consensus Advisory Services LLC and Consensus Securities LLC as
investment banker in connection with the sale of intellectual
property associated with the Nine West and Bandolino brands;
Deloitte Tax LLP as tax services provider; and BDO USA, LLP, as
auditor and accountant.
Munger, Tolles & Olson LLP is serving as the company's independent
counsel, rendering services at the direction of independent
directors Alan Miller and Harvey Tepner. Berkeley Research Group
is serving as independent financial advisor, rendering professional
services at the direction of the Independent Directors.
Prime Clerk LLC is the claims and noticing agent.
The Ad Hoc Group of Secured Term Loan Lenders tapped Davis Polk &
Wardwell LLP as counsel; and Ducera Partners LLC as financial
advisor.
The Ad Hoc Crossover Group of Secured and Unsecured Term Loan
Lenders tapped King & Spalding LLP as counsel and Guggenheim
Securities, LLC, as financial advisor.
Brigade Capital Management, LP, a party to the RSA tapped Kramer
Levin Naftalis & Frankel LLP as counsel.
The Official Committee of Unsecured Creditors tapped Akin Gump
Strauss Hauer & Feld LLP as counsel; Houlihan Lokey Capital, Inc.,
as investment banker; and Protiviti Inc. as financial advisor and
forensic accountant.
Sycamore Partners Management, L.P., owner of 90.2% of the equity
interests in the debtors, tapped Proskauer Rose LLP as counsel.
Authentic Brands, which bought Nine West's IP assets, tapped DLA
Piper Global Law Firm as counsel.
* * *
The Debtors filed a Chapter 11 plan that's based on a restructuring
support agreement signed with certain members of the Secured Lender
Group, certain members of the Crossover Group, and Brigade, who
collectively hold over 78 percent of the company's secured term
loan and over 89 percent of the unsecured term loan.
In an auction on June 8, 2018 for the company's Nine West,
Bandolino and associated brands, brand developer and marketing
company Authentic Brands Group outbid shoe retailer DSW Inc. The
winning bid of Authentic Brands' ABG-Nine West LLC was $340 million
in cash and other consideration, which is $140 million more than
ABG's stalking horse bid.
The official committee of unsecured creditors has filed a motion
seeking to conduct an examination of and seek discovery from the
Debtors and third parties pursuant to Rule 2004 of the Federal
Rules of Bankruptcy Procedure. The Committee says its initial
investigation indicates there are a number of potential estate
claims arising from the 2014 LBO.
OUR TOWN ASSOCIATES: March 15 Plan Confirmation Hearing
-------------------------------------------------------
The Amended Disclosure Statement with respect to the plan of
reorganization dated Jan. 24, 2019 filed by Our Town Associates,
LLC, is approved.
March 15, 2019 at 11:00 a.m. is fixed for hearing on confirmation
to the Plan
March 8, 2019 is fixed as the last day for filing written
acceptances or rejections of the plan.
Any objection to confirmation of the plan and any complaint
objecting to the discharge of the debtor if applicable shall filed
no later than 7 days prior to the hearing on confirmation of the
plan.
About Our Town Associates
Our Town Associates, LLC, based in Virginia Beach, VA, filed a
Chapter 11 petition (Bankr. E.D. Va. Case No. 18-72950) on Aug. 22,
2018. In the petition signed by Jon S. Wheeler, manager of
Boulevard Capital, LLC, managing member, the Debtor disclosed
$3,105,463 in assets and $3,486,042 in liabilities. Crowley
Liberatore Ryan & Brogan, P.C., serves as counsel to the Debtor.
PATIENT CARE: Ombudsman Hires Resnik Hayes as Counsel
-----------------------------------------------------
J. Nathan Rubin, the Patient Care Ombudsman of Philmar Care, LLC,
seeks authority from the U.S. Bankruptcy Court for the Central
District of California to employ Resnik Hayes Moradi LLP, as
counsel to the Ombudsman.
The Ombudsman requires Resnik Hayes to:
-- provide assistance of a bankruptcy counsel to adequately
and efficiently discharge his duties;
-- understand the scope of his duties as well as the
activities and events of the cases which are relevant to
perform such duties;
-- assist in analyzing, drafting and filing of reports and
other documents in the Debtor's case, and with regard to
discussions, negotiations, meetings or Court hearings that
relate to his duties as the Ombudsman.
Resnik Hayes will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
The Firm has agreed to cap its fees at $3,500 through the filing of
the first Ombudsman Report and then $1,000 per month thereafter.
Roksana D. Moradi-Brovia, a partner at Resnik Hayes, 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.
Resnik Hayes can be reached at:
Roksana D. Moradi-Brovia, Esq.
Matthew D. Resnik, Esq.
RESNIK HAYES MORADI LLP
17609 Ventura Blvd., Suite 314
Encino, CA 91316
Tel: (818) 285-0100
Fax: (818) 855-7013
E-mail: roksana@RHMFirm.com
matt@RHMFirm.com
About Philmar Care
Philmar Care, LLC, operates an assisted living facility located at
12260 Foothill Blvd. Sylmar, California. It provides long-term
skilled nursing care, other types of care, and social services.
Philmar Care sought Chapter 11 protection in the U.S. Bankruptcy
Court for the Central District of California, Riverside Division
(Case No. 18-20286) on Dec. 7, 2018.
On Dec. 10, 2018, the Debtor filed a second Chapter 11 petition in
the U.S. Bankruptcy Court for the Central District of California,
San Fernando Valley Division (Case No. 18-12966). The court ordered
the dismissal of the second case as of Jan. 4, 2019.
The Office of the U.S. Trustee appointed an official committee of
unsecured creditors on Jan. 4, 2019. The committee retained Arent
Fox LLP, as its counsel.
Howard M. Ehrenberg was appointed as Chapter 11 trustee for the
Debtor's estate. The trustee tapped SulmeyerKupetz, APC as his
legal counsel.
PERTL RANCH: Seeks to Hire Eron Law as Counsel
----------------------------------------------
Pertl Ranch, LLC, and its debtor-affiliates seek authority from the
U.S. Bankruptcy Court for the District of Kansas to employ Eron
Law, P.A., as counsel to the Debtor.
Pertl Ranch requires Eron Law to:
a) advise the Debtors of their rights, powers and duties as
Debtors and Debtors-in-Possession, including those with
respect to the operation and management of their ranch;
b) advise the Debtors concerning and assisting in the
negotiation and documentation of financing agreements, cash
collateral orders and related transactions;
c) investigate into the nature and validity of liens asserted
against the Debtors, and advising Debtors concerning the
enforceability of said liens;
d) investigate and advise the Debtors concerning and taking
such action as may be necessary to collect income and
assets in accordance with applicable law, and recover
property for the benefit of the estates;
e) prepare on behalf of Debtors such applications, motions,
pleadings, orders, notices, schedules and other documents
as may be necessary and appropriate, and reviewing the
financial and other reports to be filed herein;
f) advise the Debtors concerning and preparing responses to
applications, motions, pleadings, notices and other
documents which may be filed and served herein;
g) counsel the Debtors in connection with the formulation,
negotiation and promulgation of Chapter 11 plan or plans
and related documents; and
h) perform such other legal services for and on behalf of the
Debtors as may be necessary or appropriate in the
administration of the cases.
Eron Law will be paid at these hourly rates:
Attorneys $300
Paralegals $85
Eron Law will be paid a retainer in the amount of $50,000.
Eron Law will also be reimbursed for reasonable out-of-pocket
expenses incurred.
David Prelle Eron, partner of Eron Law, 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 Debtor and its estates.
Eron Law can be reached at:
David Prelle Eron, Esq.
ERON LAW, P.A.
229 E. William, Suite 100
Wichita, KS 67202
Tel: (316) 262-5500
Fax: (316) 262-5559
E-mail: david@eronlaw.net
About Pertl Ranch
Pertl Ranch, LLC -- https://pertlranch.com/ -- is a privately held
company in Hays, Kansas in the cattle ranching and farming
business. The Company provides cattle feeding services utilizing
homegrown hay and local grain sourcing to help keep feed costs low
and quality high. Pertl Ranch also offers custom hay, custom
planting, and farm management services.
Pertl Ranch Feeders, LLC and Pertl Ranch, LLC filed voluntary
petitions (Bankr. D. Kan. Case No. 19-10130 and 19-10131) on
January 29, 2019, and are represented by David P. Eron, Esq. in
Wichita, Arkansas.
In the petitions signed by William Shane Pertl, member manager,
Pertl Ranch Feeder estimated $1 million to $10 million in assets
and $10 million to $50 million in liabilities; and Pertl Ranch LLC
estimated $10 million to $50 million in assets and the same range
of liabilities .
PETER JENSEN: $108K Sale of Standish Property BYK, LLC Approved
---------------------------------------------------------------
Judge Peter G. Cary of the U.S. Bankruptcy Court for the District
of Maine authorized Peter Jensen's sale of his residence located at
12 Beech Road, Standish, Maine, to BYK, LLC for $107,500.
The Debtor may sell the Property, subject to the terms outlined in
the purchase and sale agreement and the following conditions
required by Fannie Mae as set forth in a letter dated Dec. 27,
2018, including but not limited to the following:
1. The realtor commission must not exceed $6,450 (or 6% of the
sale price of the property) and will not be paid to the Debtor or
the Buyer.
2. The total closing costs must not exceed $7,861.
3. The recording fee must not exceed $25.
4. The transfer/tax documentation fee must not exceed $473.
5. The Seller's attorney (if applicable) escrow fee must not
exceed $500.
6. The Debtor will not pay any outsourcing or third party fees
that are not customary to non-short sale residential real estate
closings without the advanced written consent of Fannie Mae.
7. The real estate property tax distribution must not exceed
$3,863.00. All real estate taxes and other assessments are to be
prorated to the date of closing.
8. The total net consideration payable to Bangor Savings Bank
will be not less than $93,189.
9. The Debtor will not receive any money from the proceeds of
the sale unless approved to receive relocation assistance or other
incentive, and not to exceed $3,000. Any relocation assistance or
other incentive paid from the sale proceeds must be shown on the
HUD-I settlement statement.
10. All settlement charges, real estate commissions and
concessions must be reasonable and customary.
11. A signed and dated HUD-I/ALTA Settlement Statement and
short sale affidavit must be executed by the appropriate parties
and received by Bangor Savings Bank along with the approved net
proceeds.
12. The closing must occur on Feb. 22, 2019.
13. A copy of the final HUD-I/ALTA Settlement Statement must
be submitted for approval to Bangor Savings Bank, at least five
business days prior to the scheduled closing.
A copy of Fannie Mae's Letter attached to the Order is available
for free at:
http://bankrupt.com/misc/Peter_Jensen_72_Order.pdf
The case is In re Peter Jensen (Bankr. D. Maine Case No.
17-20586).
PIONEER ENERGY: Dimensional Fund Has 8.3% Stake as of Dec. 31
-------------------------------------------------------------
In a Schedule 13G/A filed with the Securities and Exchange
Commission, Dimensional Fund Advisors LP disclosed that as of Dec.
31, 2018, it beneficially owns 6,487,641 shares of common stock of
Pioneer Energy Services Corp., which represents 8.29 percent of the
shares outstanding.
Dimensional Fund Advisors LP, an investment adviser registered
under Section 203 of the Investment Advisors Act of 1940, furnishes
investment advice to four investment companies registered under the
Investment Company Act of 1940, and serves as investment manager or
sub-adviser to certain other commingled funds, group trusts and
separate accounts. In certain cases, subsidiaries of Dimensional
Fund Advisors LP may act as an adviser or sub-adviser to certain
Funds. In its role as investment advisor, sub-adviser and/or
manager, Dimensional Fund Advisors LP or its subsidiaries may
possess voting and/or investment power over the securities of the
Issuer that are owned by the Funds, and may be deemed to be the
beneficial owner of the shares of the Issuer held by the Funds.
However, all securities reported in this schedule are owned by the
Funds. Dimensional disclaims beneficial ownership of those
securities.
A full-text copy of the regulatory filing is available for free
at:
https://is.gd/WSpN4G
About Pioneer Energy
Based in San Antonio, Texas, Pioneer Energy Services --
http://www.pioneeres.com/-- provides well servicing, wireline, and
coiled tubing services to producers in the U.S. Gulf Coast,
offshore Gulf of Mexico, Mid-Continent and Rocky Mountain regions
through its three production services business segments. Pioneer
also provides contract land drilling services to oil and gas
operators in Texas, the Mid-Continent and Appalachian regions and
internationally in Colombia through its two drilling services
business segments.
Pioneer Energy reported a net loss of $75.11 million in 2017, a net
loss of $128.4 million in 2016, a net loss of $155.1 million in
2015, and a net loss of $38.01 million in 2014. As of
Sept. 30, 2018, Pioneer Energy had $752.9 million in total assets,
$574.4 million in total liabilities and $178.5 million in total
shareholders' equity.
* * *
Moody's Investors Service had upgraded Pioneer Energy Services'
Corporate Family Rating to 'Caa2' from 'Caa3'. Moody's said that
Pioneer's 'Caa2' CFR reflects the company's elevated debt balance
pro forma for the $175 million senior secured term loan issuance.
Moody's said that while the company's operating cash flow is
expected to improve due to good demand for its drilling rigs and
equipment services, Pioneer Energy Services' leverage metrics are
weak, as reported by the Troubled Company Reporter on Nov. 13,
2017.
As reported by the TCR on Jan. 25, 2019, S&P Global Ratings lowered
the issuer credit rating on Pioneer Energy Services Corp. to 'CCC+'
from 'B-'. S&P said, "The downgrade on Pioneer Energy Services
Corp. primarily reflects what we believe to be increasing
refinancing risk, as well as subdued expectations for operating
results in 2019.
POC PROPERTIES: $2.1M Sale of Albuquerque Property to 5120 Approved
-------------------------------------------------------------------
Judge Susan V. Kelley of the U.S. Bankruptcy Court for the Eastern
District of Wisconsin authorized POC Properties, LLC's sale of the
real property located at 5120 Masthead St., NE, Albuquerque, New
Mexico to 5120 Masthead, LLC for $2,062,500.
The sale is free and clear of all liens and encumbrances, with all
liens and encumbrances extinguished to attach to the proceeds.
At closing, Monty Titling Trust I will receive the net proceeds
after costs of sale and pro-rations shown on Exhibit C to the
motion, as adjusted to account for a closing date after Jan. 7,
2019.
The Court waives any stay requirement under Rule 6004(h).
About POC Properties
POC Properties, LLC, SOP Academy, LLC and Academy Road Partners,
LLC, filed Chapter 11 bankruptcy petitions (Bankr. E.D. Wisc. Case
Nos. 15-33291, 15-33292 and 15-33293, respectively) on Dec. 11,
2015. Warren S. Blumenthal signed the petition as authorized
person. The Debtors estimated both assets and liabilities in the
range of $10 million to $50 million. Judge Susan V. Kelley is
assigned to the case. Kerkman & Dunn represents the Debtors.
QUALITY CONSTRUCTION: Ally Bank Opposes OK of Latest Plan Outline
-----------------------------------------------------------------
Secured creditor Ally Bank objects to the approval of the first
amended disclosure statement and the confirmation of the proposed
first amended joint reorganization plan filed by Quality
Construction & Production, LLC and affiliates.
The Debtors' latest filing incorporate certain treatment of Secured
Creditor's secured claims as an impaired creditor and, as such,
seeks to materially alter the terms and conditions of the
Contracts.
The Debtors propose the following to address Secured Creditor's
claims, identified as the Class 5 creditor:
a) Secured Creditor is an Impaired Creditor;
b) Unless Secured Creditor reaches another agreement with the
Debtors,
Debtors seek to combine the Contracts for Vehicle I and Vehicle II
into one account; and
c) Extend the term of each contract for an additional 5 years from
the Effective Date.
The Secured Creditor submits the following non-exclusive objections
to the Disclosure Statement and Reorganization Plan in that each
document fails to provide Secured Creditor adequate information, in
the following non-exclusive particulars:
a) the Debtors' Combining the 2 separate and distinct accounts into
a lump sum monthly payment does not adequately describe the
treatment of the two accounts, thereby rendering impossible for
Secured Creditor to correctly apply payments; and
b) Extending the term of the 2012 Econoline contract for 5 years
and the 2014 Ford F-150 for 5 years significantly increases the
risk to Secured Creditor since depreciation will eliminate the
value of the vehicles in the event of default by the Debtors.
In order to provide the Secured Creditor adequate information upon
which to make clear its treatment on each account so that an
informed decision can be made, Secured Creditor suggests the
following revisions to Class 5 of the Disclosure Statement and
Reorganization Plan:
Revise Class 5 to Class 5a and 5b with treatment as follows:
5a. 2014 FORDFl50/ 1FTEWlCM2EFA67l 15/ 48 months, approximately
$172 monthly plus Plan Rate; and
5b. 2012 FORDECONOLINE/ lFBSS3BL6CDA44677 / 24 months,
approximately $168 monthly plus Plan Rate.
A copy of the Secured Creditor's Objection is available at:
http://bankrupt.com/misc/lawb18-50303-464.pdf
Attorneys for Secured Creditor:
Earl F. Sundmaker, Esq.
Arthur S. Mann, III, Esq.
Gregory J. Walsh, Esq.
1027 Ninth Street
New Orleans, LA 70115
Telephone: (504) 568-0515
trey@sundmakerfirm.com
About Quality Construction & Production
Quality Construction & Production, LLC, and its subsidiaries
operate a group of oilfield service companies in the areas of
onshore and offshore fabrication, installation, and production
operations in Youngsville, Louisiana, and together employ
approximately 850 people. The Company's onshore fabrication
services include spool piping, production modules, manifolds, deck
extensions, and riser guards and clamps. QCP's offshore services
include hook-ups, facilities maintenance/upgrades, compressor
installations and field welding. Quality Construction was founded
by Nathan Granger and Troy Collins in 2001.
Quality Construction & Production, LLC, and three affiliates sought
Chapter 11 protection (Bankr. W.D. La. Lead Case No. 18-50303) on
March 16, 2018. In the petition signed by Nathan Granger,
president, Quality Construction estimated $10 million to $50
million in assets and debt.
The Hon. Robert Summerhays is the case judge.
The Debtors tapped Weinstein & St. Germain, LLC, as their
bankruptcy counsel; Elmore Consulting, LLC, as financial
consultant; and Donlin, Recano & Company as claims and noticing
agent.
The Office of the U.S. Trustee for Region 5 appointed an official
committee of unsecured creditors on April 23, 2018. The Committee
hired H. Kent Aguillard as counsel.
REPUBLIC OF TEXAS: Court Enters Default Judgment Against LSW, Li
----------------------------------------------------------------
Rocky Mountain High Brands, Inc., a fully reporting lifestyle brand
management company specializing in high-quality health and wellness
products, on Feb. 8 disclosed that on
February 4, 2019, the District Court for Dallas County, Texas (the
"Court") entered a Default Judgment against Lily Li ("Li") and LSW
Holdings, LLC ("LSW") in the case entitled Rocky Mountain High
Brands, Inc. f/k/a/ Republic of Texas Brands, Inc. v. Joe
Radcliffe, et al; Case Number DC-18-13491. This case is a
continuation of the Company's litigation originally filed against
the Company's former Chairman, Jerry Grisaffi ("Grisaffi"), and
various other defendants.
As previously disclosed, the Company's District Court litigation
against Mr. Grisaffi resulted in a monetary judgment against him in
the amount of $3.5 million, and a declaratory judgment that, among
other things, voided the issuance of 1,000,000 shares of Series A
Preferred Stock issued to Mr. Grisaffi voided his employment
agreement dated April 1, 2013 as being rejected and unenforceable
when the Bankruptcy Court signed the Order Confirming Debtor's
Amended Plan Of Reorganization and voided the issuance of various
promissory notes and shares of common stock and that Mr. Grisaffi
take nothing as to claims he asserted against Rocky Mountain.
Following the entry of judgment against Mr. Grisaffi, the Court
severed the litigation against defendants Joe Radcliffe, LSW, Li,
Epic Group One, LLC, Kenneth Radcliffe, Dennis Radcliffe, Phil
Uhrik, Michael Radcliffe, Frank Izzo, Morgan Albright, John
Garrison, BB Winks, LLC, Crackerjack Classic, LLC, and Universal
Consulting, LLC. The claims against Phil Uhrik, Michael Radcliffe,
Frank Izzo, Morgan Albright, John Garrison and BB Winks, LLC have
been settled and dismissed. The litigation against the remaining
defendants has continued under Case Number DC-18-13491.
Previously, on October 26, 2018, the Court granted the Company's
Motion for Summary Judgment and issued a Summary Judgment Order
against LSW, holding that the 1,000,000 Series A Preferred shares
in Rocky Mountain High Brands, Inc. issued to Jerry Grisaffi and
later sold by him to LSW were void ab initio, and any potential
rights thereunder were terminated as of July 11, 2014, when the
Bankruptcy Court signed the Order Confirming Debtor's Amended Plan
Of Reorganization. Also, on October 26, 2018, the Court granted a
take nothing judgment against LSW on counterclaim Counts 1, 2 and
3. Later, on November 26, 2018, the Court entered an Order of
Sanctions against Li and LSW. In the Order of Sanctions, and in
response to Li and LSW's repeated refusals to make proper discovery
in the case, the Court struck the pleadings of these parties and
ruled that Rocky Mountain High Brands was entitled to take a
default judgment against them.
On February 4, 2019, the Court entered its Default Judgment against
Li and LSW. In the Default Judgment, the Court ruled as follows:
* The Employment Agreement with Grisaffi dated April 1, 2013 was
void ab initio and unenforceable, and that all stock or other
instruments issued on the basis or authority of that Employment
Agreement were also void ab initio and of no force and effect;
* The Series A Preferred Shares in Rocky Mountain High Brands
issued to Grisaffi and later sold by Grisaffi to LSW Holdings were
void ab initio and any potential rights or remedies thereunder were
terminated on July 11, 2014 pursuant to the Order Confirming
Debtor's Amended Plan of Reorganization.
* Grisaffi's issuance and transfer to himself of the 1,000,000
Series A Preferred Shares, and his subsequent transfer of those
shares to LSW, were fraudulent transfers and are voided and set
aside;
* Grissafi breached his fiduciary duties to Rocky Mountain High
Brands by, among other things: (i), purporting to sell the Series A
Preferred Shares to LSW, (ii) causing the issuance of 11,000,000
shares of common stock to Epic Group One, LLC, and 10,000,000
shares of common stock to Li for no consideration, and (iii)
causing the issuance of 113,688,625 shares to the Radcliffe Group
at deeply discounted prices;
* LSW and Li knowingly participated in Grisaffi's breaches of
fiduciary duty and are therefore jointly and severally liable for
all damages and equitable relief arising from such breaches;
* The issuance of 10,000,000 shares of common stock to Li was
not authorized by the Board of Directors and was both void ab
initio and a fraudulent conveyance;
* Rocky Mountain High Brands is entitled to recover all damages
proximately resulting from the improper issuance of the 10,000,000
shares of common stock to Li;
* Li did not perform and materially breached her agreement to
raise money for Rocky Mountain High Brands;
* The 10,000,000 shares of purported common stock issued to Li
belongs to Rocky Mountain High Brands and Li has no further rights
or remedies arising out of or related to the 10,000,000 shares.
* By virtue of their actions described above, Li and LSW have
unjustly enriched themselves at Rocky Mountain High Brands'
expense, and Rocky Mountain High Brands is entitled to full
restitution of all its losses and damages;
* LSW and Li engaged in a civil conspiracy with Grisaffi to
commit the wrongs against Rocky Mountain High Brands described
above, and Rocky Mountain High Brands is entitled to recover from
them actual, consequential, and special damages resulting from such
wrongs, including their knowing participation in Grisaffi's
breaches of fiduciary duty, breaches of contract, receipt of
fraudulent conveyances, and unjust enrichments.
* The torts against Rocky Mountain High Brands committed by LSW
and Li were aggravated by fraud and malice, and Rocky Mountain High
Brands is therefore entitled to exemplary damages.
* LSW and Li shall take nothing by their counterclaims; and
Rocky Mountain High Brands is entitled to court costs and
reasonable attorney's fees from LSW and Li.
The amount of damages to be awarded to Rocky Mountain High Brands
and against LSW and Li will be determined in a trial currently
scheduled for June 3, 2019. The Company is continuing to pursue
its claims against the other defendants in the case.
About Republic of Texas Brands
Republic of Texas Brands Incorporated's mission is to find the
premier cannabis and hemp industry innovators, leveraging its team
of professionals to source, evaluate and purchase value-added
companies and products, while allowing them to keep their integrity
and entrepreneurial spirit.
The company filed a Chapter 11 bankruptcy petition (Bankr. N.D.
Tex. Case No. 13-bk-36434) on Dec. 17, 2013. The company estimated
assets of $0 to $50,000 and liabilities of $500,001 to
$1 million. Judge Barbara J. Houser oversees the case. Eric A.
Liepins, Esq., at Eric A. Liepins, P.C., in Dallas, Texas, is the
Debtor's counsel.
RIO MALL: Judge Signs Agreed Final Order Disposing Cash Collateral
------------------------------------------------------------------
The Hon. Erik P. Kimball of the U.S. Bankruptcy Court for the
Southern District of Florida, at the behest of Rio Mall, LLC, has
signed an agreed final order disposing of cash collateral.
The Court has been advised that the Debtor, in accordance with the
Sale Approval Order, has conducted a closing and thereby sold all
of Debtor's Property on Dec. 28, 2018. As a consequence, the Debtor
will no longer be receiving any revenue from the Property nor does
Debtor have need to fund operating expenses relating to the
Property.
The Court has been has also been advised that the Debtor agrees
Investors Bank is entitled to retain and setoff the balances in two
accounts opened by the Debtor in accordance with the Pre-Petition
Loan Agreements (the funds in those two accounts constituting
Pre-Petition Collateral) and for application of those funds to the
Loan. Thus, the Debtor no longer has interest in Pre-Petition
accounts at Investors Bank identified by account numbers ending in
5282 (which has a balance of $80,000, known as the TILC Account)
and 5258 (which has a balance of $68,990, known as the Security
Account).
Accordingly, the Debtor's right to use cash collateral ceased upon
conclusion of the closing for the sale of the Property in
accordance with the Sale Approval Order. Pursuant to the Sale
Approval Order, Investors Bank relinquished its claims and
interests in the balances in the Debtor's operating bank accounts
and other assets upon completion of the closing for the sale of the
Property.
Investors Bank is grant relief from the automatic stay that arose
under Section 362(a) of the Bankruptcy Code in order to retain the
balances in the two identified accounts and to set-off the amounts
in each of those accounts against the outstanding balance owed on
the Loan.
A full-text copy of the Agreed Final Order is available at
http://bankrupt.com/misc/flsb18-17840-131.pdf
About Rio Mall LLC
Rio Mall, LLC, is a real asset company whose principal assets are
located at 3801 Route 9 South Rio Grande, New Jersey.
Rio Mall, LLC filed a Chapter 11 petition (Bankr. S.D. Fla. Case
No. 18-17840) on June 28, 2018. In the petition signed by Bruce
Frank, manager, the Debtor estimated assets and liabilities at $1
million to $10 million. The case is assigned to Judge Erik P.
Kimball. Bradley S. Shraiberg, Esq., at Shraiberg Landau & Page PA,
is the Debtor's counsel. No official committee of unsecured
creditors has been appointed.
RUBBER SOUL: Seeks to Hire Schiffman Sheridan as Co-Counsel
-----------------------------------------------------------
Rubber Soul Brewing Company, LLC, seeks authority from the U.S.
Bankruptcy Court for the Middle District of Pennsylvania to employ
Tracy L. Updike, Esquire, and Schiffman Sheridan & Brown, P.C., as
co-counsel to the Debtor.
Rubber Soul requires Schiffman Sheridan to represent the Debtor
with respect to legal matters relating to the Chapter 11
proceedings.
The Debtor has selected these attorneys because they have
previously represented the Debtor in general corporate financial
matter
Schiffman Sheridan will be paid at these hourly rates:
Partners $300 to $375
Associates $200 to $300
Paralegals $150
Schiffman Sheridan will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Tracy L. Updike, a partner at Schiffman Sheridan, 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.
Schiffman Sheridan can be reached at:
Tracy L. Updike, Esq.
SCHIFFMAN SHERIDAN & BROWN, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
Tel: (717) 540-9170
About Rubber Soul Brewing Co
Rubber Soul Brewing Company, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. M.D. Pa. Case No. 1:19-00359) on Jan. 29, 2019.
The Debtor hired CGA Law Firm as counsel; and Schiffman Sheridan &
Brown, P.C., as co-counsel.
SAM KANE: JDH Capital $28MM Offer Named Successful Bid for Assets
-----------------------------------------------------------------
BankruptcyData.com reported that Sam Kane Beef Processors, LLC,
filed a notice of winning bidder announcing JDH Capital Company as
the successful bidder in an auction held on February 6, 2019. Rabo
AgriFinance, LLC a senior lender probably thrilled to avoid a
winning bid, has agreed to serve as a back-up bidder.
BankruptcyData noted that JDH's $28.0 million consideration is
comprised of (i) $1.5 million in cash to be used to settle tax
obligations and make a payment to Rabo, (ii) the assumption of a
$6.5 million loan made by Rabo to the Debtors and (iii) a $20
million cash injection to "resume operations as soon as possible
and provide ongoing environmental and operational capex, working
capital, and other operating expense.
BankruptcyData added that the bid of JDH , who is looking to be the
Debtors' fourth owner in six years, is subject to a number of
conditions including (i) commitments from Texas feeders to resume
relationships with the Company, (ii) a green light in respect of
outstanding environmental issues, (iii) the agreement of current
acting CEO Chris Daniel to stay on at SKB and (iv) the release of
existing liens held by Marquette Transportation Finance, LLC.
About Sam Kane Beef Processors
Sam Kane Beef Processors, LLC, is an independent, fully-automated
processor and distributor of beef and beef products based in Corpus
Christi, Texas. Since its beginnings in 1949, Kane Beef has
expanded from a local meat counter to a nationally recognized
supplier of dependable beef products with key accounts in retail
and foodservice.
Sam Kane filed for bankruptcy protection (Bankr. S.D.N.Y. Case No.
1920020) on Jan. 22, 2019. In the petition signed by Richard S.
Schmidt, receiver. The Debtor estimated assets and liabilities of
$50 million to $100 million. The Hon. David Jones presides over
the case. Matthew Scott Okin, Esq., of Okin & Adams LLP,
represents the Debtor.
SAM KANE: Seeks Access to Estate Property, Cash Collateral
----------------------------------------------------------
Sam Kane Beef Processors, LLC seeks authorization from the U.S.
Bankruptcy Court for the Southern District of Texas to use property
that is likely subject to a trust created pursuant to the Packers
and Stockyards Act, and/or alleged cash collateral for the express
purpose of preserving perishable estate assets.
Prior to the Petition Date, the Debtor's operations were being
funded by one of the Debtor's pre-petition secured lenders,
Marquette Transportation Finance, LLC, pursuant to a Receivership
Finance Stipulation. Under the Receivership Finance Stipulation,
all of the Debtor's accounts receivable are paid to Marquette and
then advanced to the Debtor to fund the purchase of cattle and
operations.
On Jan. 22, 2019, Marquette failed to advance funds needed to pay
for purchased cattle, fund payroll and other operating expenses
incurred as requested by the Receiver in accordance with the
Receivership Finance Stipulation. Additionally, Marquette failed to
provide assurance to the Receiver that such expenses would be
funded.
The Debtor expects a significant account receivable will be funded
in an amount sufficient to meet its short-term needs. Accordingly,
the Debtor asks the Court to grant emergency relief (i) directing
the Debtor's customers to remit all amounts owed directly to the
Debtor, rather than Marquette, (ii) requiring Marquette to
immediately turn-over to the Debtor all cash proceeds received by
Marquette after the filing of the Debtor's petition, and (iii) and
that Marquette provide an accounting of all receivables collected
since it last funded the Debtor's operations.
Pursuant to that certain Loan and Security Agreement, Rabo
Agrifinance, Inc., provided a Term Loan in the amount of $12
million, purportedly secured by first priority liens against all of
the Debtor's equipment, general intangibles related to equipment,
commercial tort claims (to the extent related to or proceeds of
collateral) and a first mortgage against Debtor's Facility.
Additionally, in or around April 2016, the Debtor entered into that
certain MCF Account Assignment & Security Agreement with Marquette.
The Marquette Note is secured by a first lien all of the Debtor's
present and future accounts, all of Debtor's other accounts;
chattel paper, instruments, payment intangibles, general
intangibles, and documents.
The Debtor intends to provide adequate protection, to the extent of
any diminution in value, to Marquette, as the prepetition secured
lender, for the use of the Cash Collateral by providing Marquette
postpetition replacement liens in all post-petition personal
property, including cash generated or received by the Debtor
subsequent to the Petition Date to the extent that Marquette had
valid, perfected prepetition liens and security interests in such
similar collateral as of the Petition Date.
A full-text copy of the Debtor's Motion is available at
http://bankrupt.com/misc/txsb19-20020-5.pdf
About Sam Kane Beef Processors
Sam Kane Beef Processors, LLC, is an independent, fully-automated
processor and distributor of beef and beef products based in Corpus
Christi, Texas. Since its beginnings in 1949, Kane Beef has
expanded from a local meat counter to a nationally recognized
supplier of dependable beef products with key accounts in retail
and foodservice.
Sam Kane filed for bankruptcy protection (Bankr. S.D.N.Y. Case No.
1920020) on Jan. 22, 2019. In the petition signed by Richard S.
Schmidt, receiver. The Debtor estimated assets and liabilities of
$50 million to $100 million. The Hon. David Jones oversees the
case. Matthew Scott Okin, Esq., of Okin & Adams LLP, represents
the Debtor.
SCOTTY'S HOLDINGS: Gets Final OK to Access Cash Until March 31
--------------------------------------------------------------
The Hon. Jeffrey J. Graham of the U.S. Bankruptcy Court for the
Southern District of Indiana has entered a final order authorizing
Scotty's Holdings, LLC, and its debtor-affiliates to use cash
collateral.
The Debtors are authorized to use cash collateral for the period
from the Petition Date through March 31, 2019, in accordance with
and for the purposes set forth in the budget. The Debtors may
exceed the Budget by an aggregate variance of not greater than 10%,
tested weekly. The Budget includes line item expenses for the
accrual of professional and CRO fees, but the inclusion does not
mean any professional or CRO fees are approved.
The Huntington National Bank and Rewards Network Establishment
Services Inc. are granted replacement liens in the cash collateral
and in the postpetition property of the Debtors of the same nature
and to the same extent and in the same priority held in the cash
collateral and the prepetition property on the Petition Date, nunc
pro tunc to the Petition Date.
The Huntington National Bank will receive, as adequate protection
for the use of cash collateral, monthly payments in the amount of
$33,032. In addition, the Debtors will pay $10,000 per month
commencing January 2019 for Huntington's counsel pursuant to
Section 506(b). Huntington will also receive a claim under section
507(b) of the Bankruptcy Code as adequate protection to the extent
of any decrease in value of its perfected interests in the cash
collateral.
Rewards Network's consent to the continued use of cash collateral
is conditioned upon the Debtors paying Rewards Network $5,000 on or
before the 13th of each month, and $5,000 on or before the 27th of
each month as adequate protection.
By 12:00 p.m. EST (noon) on the Wednesday of each week, the Debtors
will deliver to Huntington a variance report which will set forth
(i) a comparative reconciliation, on a line by line basis, of
actual cash receipts and disbursements against the cash receipts
and disbursements forecasted in the Budget, and the percentage
variance thereof, for (A) the weekly period ended on (and
including) the immediately preceding Sunday and (B) the cumulative
period to date, (ii) a written explanation of such variances, and
(iii) a report detailing the value of the Debtors' cash, inventory,
deposit accounts, receivables and prepaid, unearned retainers , and
such other reports and financial information as reasonably
requested by Huntington.
The Debtors are directed to move all of their deposit accounts to
Huntington on or before Feb. 15, 2019, or such date as agreed to
amongst Huntington and the Debtors. In the interim, Huntington will
be and remains secured by the proceeds of its collateral deposited
into the Debtors' existing deposit accounts. However, no proceeds
of any DIP loan (including, but not limited to, any funds held for
payment of professionals or U.S. Trustee fees) will be deposited in
the Huntington accounts. Such funds will remain at Chase Bank and
will be free of the Adequate Protection Liens.
A full-text copy of the Final Order is available at
http://bankrupt.com/misc/insb18-09243-157.pdf
About Scotty's Holdings
Scotty's Brewhouse is a craft beer sports bar with 16 locations
throughout Indiana, Illinois, Ohio, Florida, and Texas. The
original Scotty's Brewhouse was opened in Muncie, Indiana in 1996.
Scotty's Holdings, LLC, and its affiliates, including Scotty's
Brewhouse, filed voluntary petitions seeking relief under Chapter
11 of the Bankruptcy Code (Bankr. S.D. Ind. Lead Case No. 18-09243)
on Dec. 11, 2018. In the petitions signed by Berekk Blackwell,
executive manager, Scotty's Holdings estimated $1 million to $10
million in both assets and liabilities and Scotty's Brewhouse
estimated $100,000 to $500,000 in both assets and liabilities.
The Debtors hired Quarles & Brady LLP, and Hester Baker Krebs LLC,
as attorneys.
SENIOR CARE: Ombudsman Hires Nelson Mullins as Counsel
------------------------------------------------------
Martin I. Kalish, the duly appointed Patient Care Ombudsman of
Senior Care Centers, LLC, and its debtor-affiliates, seeks
authority from the U.S. Bankruptcy Court for the Northern District
of Texas to employ the Law Firm of Nelson Mullins Riley &
Scarborough LLP, as counsel to the Ombudsman.
Senior Care requires Nelson Mullins to:
a. represent the Ombudsman in any proceeding or hearing in
which the rights of patients may be litigated or affected
as a result of this Bankruptcy case;
b. advise the Ombudsman concerning the requirements of the
Bankruptcy Code and Bankruptcy Rules and the requirements
of the Office of the U.S. Trustee relating to the discharge
of his responsibilities under §333 of the Bankruptcy Code;
c. prepare and assist in the preparation of appropriate
applications and other motions that the Ombudsman may need
to file in this case, as well as the Report that
are required under §333 of the Bankruptcy Code; and
d. perform such other legal services as may be required under
the circumstances of this case in accordance with the
Ombudsman's powers and responsibilities as set forth in the
Bankruptcy Code, the Bankruptcy Rules and the appointment
order.
Nelson Mullins will be paid at these hourly rates:
Shareholders $400 to $650
Associates and Of Counsels $275 to $375
Paralegals $125 to $200
Nelson Mullins will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Frank P. Terzo, a partner at Nelson Mullins, 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.
Nelson Mullins can be reached at:
Frank P. Terzo, Esq.
LAW FIRM OF NELSON MULLINS
RILEY & SCARBOROUGH LLP
100 S.E. 3rd Avenue, Suite 2700
Ft. Lauderdale, FL 33394
Tel: (954) 764-7060
E-mail: Frank.Terzo@nelsonmullins.com
About Senior Care Centers
Senior Care Centers, LLC -- https://senior-care-centers.com/ -- is
a Dallas-based, skilled nursing and long-term care industry leader
in Texas and Louisiana. Senior Care Centers operates and manages
more than 100 skilled nursing and assisted/independent living
communities in the states of Texas and Louisiana.
On Dec. 4, 2018, Senior Care Centers and 120 of its subsidiaries
filed voluntary Chapter 11 petitions (Bankr. N.D. Tex. Lead Case
No. 18-33967).
The Debtors tapped Polsinelli PC as bankruptcy counsel; Hunton
Andrews Kurth LLP as conflicts counsel; Sitrik and Company as
communications consultant; and Omni Management Group, Inc. as
claims, noticing, and administrative agent.
TEMPEST GROUP: March 19 Disclosure Statement Hearing
----------------------------------------------------
The Bankruptcy Court issued an order scheduling the hearing to
consider the adequacy of the disclosure statement explaining the
Chapter 11 plan of Tempest Group, LLC, for March 19, 2019 at 01:30
PM. Objections to the disclosure statement are due March 12.
Class 9, General Unsecured Creditors, the class 9 allowed claims
will be paid a dividend of $10,000.00 over 5 years without
interest.
Class 2, Select Portfolio Servicing, Inc., the holder of a first
mortgage on rental property will be modified by this plan. The
secured claim, as determined by an adversary action and their
Modified secured claim will be reduced to the value of the
collateral. The Debtor will restructure the modified secured claim
and the mortgage to a new 30-year fixed rate mortgage at 3% payable
over 30 years. The Debtor projects that Select Portfolio Servicing,
Inc. will be secured to the extent of $82,800.00.
Class 3, FB Acquisitions Property XVII LLC. The holder of a first
mortgage on rental property will be modified by this plan. The
secured claim, has been reduced to the value of the collateral at $
135,000.00 by the consent of the parties. The Debtor will
restructure the modified secured claim and the mortgage to a new
30-year fixed rate mortgage at 5.0% payable over 30 years with a
balloon payment after five (5) years. Debtor projects that FB
Acquisitions will be secured to the extent of $135,000.00. The
balance of the claim ($6,375.86) shall be an allowed unsecured
claim under Class 9.
Class 4, Bayview Loan Servicing, the holder of a first mortgage on
rental property be modified by this plan. The mortgage will be
reduced to the actual value of the collateral. Pursuant to an Order
of Court, the Debtor commenced adequate protection payments of
$1,294.58 on April 19, 2017) and on the 10th of each month
thereafter based on the projected value of 266,545.00. If the
payoff balance is less than 266,545.00, than that amount will be
used as the modified claim The Debtor will again restructure the
remaining balance due, after credit for adequate protection
payments made as of the date of confirmation, to a new 30-year
fixed rate mortgage at 4.25%.
Class 5, First National Bank of PA, the holder of a first mortgage
on rental property will be modified by this plan. The Debtor
commenced adequate protection payments on June 13, 2017. The
secured claim, as determined by an adversary action and their
Modified secured claim will be reduced to the value of the
collateral. The Debtor will restructure the secured claim and the
mortgage to a new 30-year fixed rate mortgage at 4.25% payable over
30 years. The Debtor projects that the secured claim is $
38,500.00.
Class 6. Chicago Title Insurance Company assignee of Sewickley
Savings Bank of PA was the holder of an unsecured claim in the
amount of 1,013,749.55. They were to be paid 10% in the prior
bankruptcy and a stipulation which determined that they held an
unsecured claim. The $ 101,400.00 will be paid over ten years in
accordance with the consent order entered into in the prior
bankruptcy case. (G) Class 7, Executory Contracts, the executory
contracts with the tenants of the rental properties will be
assumed.
Class 10, Equity Shareholders, Equity interests in the Debtor will
be retained with modifications upon the shareholders and reduced
salaries to assist in feasibility of the Plan.
The debtor has set aside funds for future repairs and capital
improvements. Estimated amount to be paid on effective date of
plan, including administrative expenses: $30,650.00. Cash on hand
is $6,000. Calaiaro Valencik has agreed to accept payment of its
priority administrative claim over time at a rate of $ 500.00 a
month.
A full-text copy of the Amended Disclosure Statement dated January
30, 2019, is available at https://tinyurl.com/yyhhmdtu from
PacerMonitor.com at no charge.
About Tempest Group
Tempest Group, LLC, sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. W.D. Pa. Case No. 16-24204) on November 10,
2016. In the petition signed by Joann Jenkins, manager, the Debtor
estimated assets and liabilities of less than $1 million.
Judge Carlota M. Bohm presides over the case. The Debtor hired
Calaiaro Valencik as its legal counsel.
No official committee of unsecured creditors has been appointed.
THURSTON MANUFACTURING: Seeks Authority to Use Cash Collateral
--------------------------------------------------------------
Thurston Manufacturing Company, d/b/a Thurston Manufacturing, d/b/a
Simonsen Iron Works, Inc., d/b/a Simonsen Iron Works, seeks
authority from the U.S. Bankruptcy Court for the District of
Nebraska to use cash collateral in the ordinary course of its
business.
The Debtor wishes to use the cash collateral to pay its operational
expenses as they become due, to preserve and maintain its
operations and for the effective reorganization of its affairs, and
to maintain and preserve the value of the Debtor's assets. However,
as of the Petition Date, all or substantially all of Debtor's
assets are subject to the liens and primary security interests of
these Lienholders: (i) Crestmark Bank and (ii) BizCapital Bidco I,
LLC.
The Debtor has an immediate need to use cash collateral which is
the subject of a lien in favor of the Lienholders in order to
permit, among other things, the orderly continuation of the
operation of the estate's business, to pay employees, to maintain
business relationships with vendors and suppliers, to satisfy other
working capital needs, and to pay the fees of professionals
employed and fees of the U.S. Trustee.
Crestmark is owed approximately $1.6 million and asserts a
perfected security interest in substantially all of the Debtor's
assets pursuant to that certain Loan and Security Agreement. Thus,
Crestmark would, presumably, assert a claim against Debtor's cash
collateral.
Bidco is owed approximately $3.3 million and asserts a perfected
security interest in substantially all of the Debtor's assets
pursuant to that certain Loan and Security Agreement. Thus, Bidco
would, presumably, assert a claim against Debtor's cash
collateral.
For purposes of adequate protection, the Debtor agrees to the
following:
(a) The Lienholders' liens and security interests in the
Prepetition Collateral will continue to attach to Debtor's
postpetition assets of the same kind, including without limitation,
whether now owned or hereafter acquired, inventory, equipment,
general intangibles, accounts, chattel papers, contract rights and
other right to payment, including all substitutions and
replacements of the foregoing and the proceeds thereof as provided
for in the Crestmark Loan Agreement, the Bidco Loan Agreement, and
the Intercreditor Agreement entered into by the Debtor, Crestmark,
and Bidco prepetition.
(b) The Debtor will pay Crestmark pursuant to the terms of
the Crestmark Loan Agreement.
(c) The Debtor will continue to have accounts receivable sent
directly to Crestmark Bank per the Crestmark Loan Agreement.
(d) The Debtor will pay Bidco pursuant to the terms of the
Bidco Loan Agreement;
(e) The Debtor will make the regularly scheduled payment that
is due on Loan No. 520236 on Feb. 1, 2019, of $32,893.26;
(f) The Debtor will make the regularly scheduled payment that
is due on Loan No. 550261 on Feb. 1, 2019, of $1,375; and
(g) The Crestmark Loan Agreement, the Bidco Loan Agreement,
and the Intercreditor Agreement entered into prepetition will
remain in full force and effect.
A full-text copy of the Debtor's Motion is available at
http://bankrupt.com/misc/neb19-80108-7.pdf
About Thurston Manufacturing Company
Thurston Manufacturing Company, based in Thurston, NE, filed a
Chapter 11 petition (Bankr. D. Neb. Case No. 19-80108) on Jan. 23,
2019. In the petition signed by CEO Ryan J. Jensen, the Debtor
estimated $1 million to $10 million in both assets and liabilities.
The Hon. Shon Hastings oversees the case. Elizabeth M. Lally,
Esq., at Goosman Law Firm PLC, serves as bankruptcy counsel.
TORTIA INVESTMENTS: Hires Vero Real as Real Estate Agent
--------------------------------------------------------
Tortia Investments, LLC, seeks authority from the U.S. Bankruptcy
Court for the Northern District of California to employ Vero Real
Estate Services, as real estate agent to the Debtor.
Tortia Investments requires Vero Real to represent the estate of
the Debtor in the sale of the Debtor's real property located at
3881 Ronda Road, Pebble Beach, California.
Vero Real will be paid a commission of 6% of the purchase price.
Vero Real will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Louis Costanza, partner of Vero Real Estate Services, 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.
Vero Real can be reached at:
Louis Costanza
VERO REAL ESTATE SERVICES
1999 S. Bascom Avenue
Campbell, CA
Tel: (408) 315-4900
About Tortia Investments
Tortia Investments, LLC, based in Gilroy, CA, filed a Chapter 11
petition (Bankr. N.D. Cal. Case No. 18-52732) on Dec. 11, 2018. In
the petition signed by David Tortia, managing member, the Debtor
estimated $1 million to $10 million in both assets and liabilities.
The Hon. Stephen L. Johnson oversees the case. Charles B. Greene,
Esq., at the Law Office of Charles B. Greene, serves as bankruptcy
counsel to the Debtor.
UPPER CUTS: Seeks Approval of Suntrust Cash Collateral Stipulation
------------------------------------------------------------------
Upper Cuts Gentleman's Grooming Place, LLC, seeks approval from the
U.S. Bankruptcy Court for the District of Columbia of the proposed
Stipulation and Consent Order Authorizing Debtor to Use Cash
Collateral.
The Debtor is indebted to SunTrust Bank under and in connection
with a $233,000 commercial loan, secured by a duly perfected,
first-priority lien and security interest in, to and against all
assets of the Debtor. The Debtor believes all cash products and
proceeds of the collateral that come into its possession, custody
or control (both prepetition and post-petition) constitute SunTrust
Bank's cash collateral.
In exchange for SunTrust Bank's consent to the Debtor's use of Cash
Collateral, the Debtor will grant SunTrust Bank valid, perfected,
enforceable, first-priority replacement liens in, to and against
all of the collateral (including cash collateral) generated
post-petition, equal to the loss or diminution, if any, subsequent
to the Petition Date, in the value of SunTrust Bank's interest in
the cash collateral. In addition, the Debtor will make monthly
adequate protection payments to SunTrust Bank as provided for in
the proposed Consent Order.
The authorization granted to the Debtor under the Consent Order
will terminate upon the earlier of: (a) April 7, 2019, at 4:00 p.m.
(prevailing Eastern Time); (b) the entry by the Court of an order
denying the Debtor’s authorization to use Cash Collateral; or (c)
at the option of SunTrust Bank, upon the occurrence of an Event of
Default.
A full-text copy of the Debtor's Motion is available at
http://bankrupt.com/misc/dcb18-00781-62.pdf
About Upper Cuts Gentleman's
Grooming Place LLC
Upper Cuts Gentleman's Grooming Place, LLC is a District of
Columbia limited liability company that owns and operates a men’s
hair salon business located at 716 14th Street, NW, Washington,
D.C. 20005. The company sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D.D.C. Case No. 18-00781) on Dec. 7, 2018.
The petition was signed by Mark McIntosh, co-owner. At the time of
the filing, the Debtor estimated assets of less than $50,000 and
liabilities of less than $500,000. The case is assigned to Judge
S. Martin Teel, Jr. The AP Law Group, PLC, is the Debtor's
counsel.
VISITING NURSE: Taps American HealthCare to Market Assets
---------------------------------------------------------
Visiting Nurse Association of the Inland Counties received approval
from the U.S. Bankruptcy Court for the Central District of
California to hire American HealthCare Capital.
The firm will provide marketing services and represent the Debtor
in a possible sale of either its stock or assets.
In the event a sale is approved by the court, American HealthCare
will be paid a "success fee" in cash equal to 5% of the aggregate
value and a flat fee of $799.
The firm neither holds nor represents any interest adverse to the
Debtor's bankruptcy estate, creditors and equity security holders,
according to court filings.
American HealthCare can be reached through:
Jennifer Le
American HealthCare Capital
4333 Admiralty Way
Marina Del Rey, CA 90292
Phone: (800) 424-1338 / (310) 693-6697
Email: jennifer@ahcteam.com
About Visiting Nurse Association
of the Inland Counties
Visiting Nurse Association of the Inland Counties --
http://www.vnacalifornia.org/-- is a not-for-profit organization
that provides health, palliative and hospice services when in-home
care is needed or preferred. It offers a full continuum of care for
patients, including home health, hospice and bereavement services.
The company is headquartered in Riverside, California, with patient
care centers in Palm Desert and Murrieta.
Visiting Nurse Association of the Inland Counties sought protection
under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No.
18-16908) on Aug. 15, 2018. In the petition signed by Bruce
Gordon, corporate controller, the Debtor estimated assets of $1
million to $10 million and liabilities of $10 million to $50
million.
Judge Mark D. Houle oversees the case. Weiland Golden Goodrich LLP
is the Debtor's legal counsel.
On Sept. 13, 2018, the U.S. trustee appointed Jerry Seelig as
patient care ombudsman in the Debtor's case. The PCO tapped
Perkins Coie LLP as his legal counsel.
On Sept. 19, 2018, the Office of the U.S. Trustee appointed a
committee of unsecured creditors. The committee retained Marshack
Hays LLP as counsel.
WEATHERFORD INTERNATIONAL: Vanguard Group Reports 6% Stake
----------------------------------------------------------
In a Schedule 13G/A filed with the Securities and Exchange
Commission, The Vanguard Group disclosed that as of Dec. 31, 2018,
it beneficially owns 60,426,221 shares of common stock of
Weatherford International PLC, which represents 6.03 percent of the
shares outstanding.
Vanguard Fiduciary Trust Company, a wholly-owned subsidiary of The
Vanguard Group, Inc., is the beneficial owner of 367,410 shares or
.03% of the Common Stock outstanding of the Company as a result of
its serving as investment manager of collective trust accounts.
Vanguard Investments Australia, Ltd., a wholly-owned subsidiary of
The Vanguard Group, Inc., is the beneficial owner of 267,838 shares
or .02% of the Common Stock outstanding of the Company as a result
of its serving as investment manager of Australian investment
offerings.
A full-text copy of the regulatory filing is available for free
at:
https://is.gd/TJVZCA
About Weatherford
Weatherford (NYSE: WFT), an Irish public limited company and Swiss
tax resident -- http://www.weatherford.com/-- is a multinational
oilfield service company providing innovative solutions, technology
and services to the oil and gas industry. The Company operates in
over 80 countries and has a network of approximately 700 locations,
including manufacturing, service, research and development and
training facilities and employs approximately 28,450 people.
Weatherford reported a net loss attributable to the Company of
$2.81 billion in 2017, a net loss attributable to the Company of
$3.39 billion in 2016, and a net loss attributable to the Company
of $1.98 billion in 2015. As of Sept. 30, 2018, Weatherford had
$8.83 billion in total assets, $10.34 billion in total liabilities
and a total shareholders' deficiency of $1.50 billion.
[^] Large Companies with Insolvent Balance Sheet
------------------------------------------------
Total
Share- Total
Total Holders' Working
Assets Equity Capital
Company Ticker ($MM) ($MM) ($MM)
------- ------ ------ -------- -------
ABBVIE INC ABBV US 66,164.0 (2,921.0) 3,078.0
ABBVIE INC 4AB TE 66,164.0 (2,921.0) 3,078.0
ABBVIE INC 4AB GZ 66,164.0 (2,921.0) 3,078.0
ABBVIE INC 4AB TH 66,164.0 (2,921.0) 3,078.0
ABBVIE INC ABBVUSD EU 66,164.0 (2,921.0) 3,078.0
ABBVIE INC 4AB GR 66,164.0 (2,921.0) 3,078.0
ABBVIE INC ABBV SW 66,164.0 (2,921.0) 3,078.0
ABBVIE INC ABBV* MM 66,164.0 (2,921.0) 3,078.0
ABBVIE INC ABBVEUR EU 66,164.0 (2,921.0) 3,078.0
ABBVIE INC 4AB QT 66,164.0 (2,921.0) 3,078.0
ABBVIE INC ABBV AV 66,164.0 (2,921.0) 3,078.0
ABBVIE INC-BDR ABBV34 BZ 66,164.0 (2,921.0) 3,078.0
ABSOLUTE SOFTWRE ABT CN 90.2 (55.3) (33.2)
ABSOLUTE SOFTWRE OU1 GR 90.2 (55.3) (33.2)
ABSOLUTE SOFTWRE ALSWF US 90.2 (55.3) (33.2)
ABSOLUTE SOFTWRE ABT2EUR EU 90.2 (55.3) (33.2)
AGENUS INC AGEN US 130.5 (131.4) 9.4
AGENUS INC AJ81 GZ 130.5 (131.4) 9.4
AGENUS INC AJ81 QT 130.5 (131.4) 9.4
AGENUS INC AJ81 TH 130.5 (131.4) 9.4
AGENUS INC AGENEUR EU 130.5 (131.4) 9.4
AGENUS INC AGENUSD EU 130.5 (131.4) 9.4
AIMIA INC AIM CN 3,507.0 (173.5) (1,247.5)
AMER RESTAUR-LP ICTPU US 33.5 (4.0) (6.2)
AMERICAN AIRLINE A1G GZ 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE AAL11EUR EU 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE AAL AV 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE AAL US 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE AAL* MM 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE A1G GR 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE AAL1USD EU 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE A1G TH 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE A1G QT 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE AAL TE 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE A1G SW 60,792.0 (169.0) (9,473.0)
AMERICAN AIRLINE AAL1CHF EU 60,792.0 (169.0) (9,473.0)
AMYRIS INC 3A01 GR 122.7 (200.6) (86.5)
AMYRIS INC 3A01 TH 122.7 (200.6) (86.5)
AMYRIS INC AMRS US 122.7 (200.6) (86.5)
AMYRIS INC AMRSEUR EU 122.7 (200.6) (86.5)
AMYRIS INC 3A01 QT 122.7 (200.6) (86.5)
AMYRIS INC AMRSUSD EU 122.7 (200.6) (86.5)
ATLATSA RESOURCE ATL SJ 144.0 (238.4) 6.6
AUTODESK INC ADSK US 3,774.4 (338.3) (395.5)
AUTODESK INC AUD TH 3,774.4 (338.3) (395.5)
AUTODESK INC AUD GR 3,774.4 (338.3) (395.5)
AUTODESK INC AUD GZ 3,774.4 (338.3) (395.5)
AUTODESK INC ADSK AV 3,774.4 (338.3) (395.5)
AUTODESK INC ADSK* MM 3,774.4 (338.3) (395.5)
AUTODESK INC AUD QT 3,774.4 (338.3) (395.5)
AUTODESK INC ADSKEUR EU 3,774.4 (338.3) (395.5)
AUTODESK INC ADSKUSD EU 3,774.4 (338.3) (395.5)
AUTODESK INC ADSK TE 3,774.4 (338.3) (395.5)
AUTOZONE INC AZ5 GR 9,523.6 (1,658.6) (353.8)
AUTOZONE INC AZ5 TH 9,523.6 (1,658.6) (353.8)
AUTOZONE INC AZO US 9,523.6 (1,658.6) (353.8)
AUTOZONE INC AZOEUR EU 9,523.6 (1,658.6) (353.8)
AUTOZONE INC AZ5 QT 9,523.6 (1,658.6) (353.8)
AUTOZONE INC AZOUSD EU 9,523.6 (1,658.6) (353.8)
AVALARA INC AVLR US 311.3 122.2 33.0
AVID TECHNOLOGY AVID US 247.0 (174.1) 4.9
AVID TECHNOLOGY AVD GR 247.0 (174.1) 4.9
BENEFITFOCUS INC BNFT US 175.1 (35.6) (13.0)
BENEFITFOCUS INC BTF GR 175.1 (35.6) (13.0)
BENEFITFOCUS INC BNFTEUR EU 175.1 (35.6) (13.0)
BIOSCRIP INC BIOS US 579.2 (36.3) 75.9
BIOSCRIP INC MM6 GR 579.2 (36.3) 75.9
BIOSCRIP INC MM6 TH 579.2 (36.3) 75.9
BIOSCRIP INC MM6 QT 579.2 (36.3) 75.9
BIOSCRIP INC BIOSEUR EU 579.2 (36.3) 75.9
BIOSCRIP INC BIOSUSD EU 579.2 (36.3) 75.9
BJ'S WHOLESALE C 8BJ GR 3,465.0 (256.6) (293.8)
BJ'S WHOLESALE C 8BJ QT 3,465.0 (256.6) (293.8)
BJ'S WHOLESALE C BJ US 3,465.0 (256.6) (293.8)
BLUE BIRD CORP BLBD US 297.7 (79.7) 8.3
BLUE RIDGE MOUNT BRMR US 1,060.2 (212.5) (62.4)
BOMBARDIER INC-B BBDBN MM 24,269.0 (3,754.0) 93.0
BRINKER INTL BKJ GR 1,294.8 (855.2) (292.0)
BRINKER INTL EAT US 1,294.8 (855.2) (292.0)
BRINKER INTL BKJ QT 1,294.8 (855.2) (292.0)
BRINKER INTL EAT2EUR EU 1,294.8 (855.2) (292.0)
BRP INC/CA-SUB V DOO CN 2,972.9 (381.0) (215.5)
BRP INC/CA-SUB V B15A GR 2,972.9 (381.0) (215.5)
BRP INC/CA-SUB V DOOO US 2,972.9 (381.0) (215.5)
CACTUS INC- A WHD US 565.7 324.9 173.7
CACTUS INC- A 43C GR 565.7 324.9 173.7
CACTUS INC- A 43C QT 565.7 324.9 173.7
CACTUS INC- A WHDEUR EU 565.7 324.9 173.7
CACTUS INC- A 43C GZ 565.7 324.9 173.7
CADIZ INC CDZI US 72.3 (79.9) 15.2
CADIZ INC 2ZC GR 72.3 (79.9) 15.2
CANNABIS STRAT-A CSA/A CN 136.7 (44.9) (0.5)
CANNABIS STRAT-A CBAQF US 136.7 (44.9) (0.5)
CARDLYTICS INC CDLX US 138.1 51.2 75.1
CARDLYTICS INC CDLXEUR EU 138.1 51.2 75.1
CARDLYTICS INC CYX TH 138.1 51.2 75.1
CARDLYTICS INC CYX QT 138.1 51.2 75.1
CARDLYTICS INC CDLXUSD EU 138.1 51.2 75.1
CARDLYTICS INC CYX GR 138.1 51.2 75.1
CARDLYTICS INC CYX GZ 138.1 51.2 75.1
CASELLA WASTE CWST US 702.8 (5.3) (7.1)
CASELLA WASTE WA3 GR 702.8 (5.3) (7.1)
CASELLA WASTE WA3 TH 702.8 (5.3) (7.1)
CASELLA WASTE CWSTEUR EU 702.8 (5.3) (7.1)
CASELLA WASTE CWSTUSD EU 702.8 (5.3) (7.1)
CATASYS INC CATS US 8.5 (7.7) (0.8)
CDK GLOBAL INC C2G QT 3,017.1 (500.1) 56.4
CDK GLOBAL INC CDKUSD EU 3,017.1 (500.1) 56.4
CDK GLOBAL INC CDK US 3,017.1 (500.1) 56.4
CDK GLOBAL INC C2G TH 3,017.1 (500.1) 56.4
CDK GLOBAL INC CDKEUR EU 3,017.1 (500.1) 56.4
CDK GLOBAL INC C2G GR 3,017.1 (500.1) 56.4
CHESAPEAKE ENERG CHK* MM 12,659.0 (39.0) (1,741.0)
CHOICE HOTELS CHH US 1,161.0 (168.1) (18.9)
CHOICE HOTELS CZH GR 1,161.0 (168.1) (18.9)
CINCINNATI BELL CBB US 2,659.5 (33.9) (95.7)
CINCINNATI BELL CIB1 GR 2,659.5 (33.9) (95.7)
CINCINNATI BELL CBBEUR EU 2,659.5 (33.9) (95.7)
CLEAR CHANNEL-A CCO US 4,479.4 (2,140.0) 284.7
CLEAR CHANNEL-A C7C GR 4,479.4 (2,140.0) 284.7
COGENT COMMUNICA OGM1 GR 757.3 (125.8) 286.2
COGENT COMMUNICA CCOI US 757.3 (125.8) 286.2
COMMUNITY HEALTH CG5 GR 16,469.0 (635.0) 1,245.0
COMMUNITY HEALTH CYH US 16,469.0 (635.0) 1,245.0
COMMUNITY HEALTH CG5 QT 16,469.0 (635.0) 1,245.0
COMMUNITY HEALTH CYH1EUR EU 16,469.0 (635.0) 1,245.0
COMMUNITY HEALTH CG5 TH 16,469.0 (635.0) 1,245.0
COMMUNITY HEALTH CYH1USD EU 16,469.0 (635.0) 1,245.0
CONVERGEONE HOLD CVON US 1,066.9 (156.7) 13.7
CRESCO LABS INC CL CN 0.1 (0.1) (0.1)
CRESCO LABS INC CRLBF US 0.1 (0.1) (0.1)
CUMULUS MEDIA-A CMLS US 1,809.4 344.5 310.1
DELEK LOGISTICS DKL US 693.6 (130.4) 70.4
DELEK LOGISTICS D6L GR 693.6 (130.4) 70.4
DENNY'S CORP DE8 GR 328.8 (110.0) (43.0)
DENNY'S CORP DENN US 328.8 (110.0) (43.0)
DENNY'S CORP DENNEUR EU 328.8 (110.0) (43.0)
DINE BRANDS GLOB DIN US 1,649.7 (213.4) 82.5
DINE BRANDS GLOB IHP GR 1,649.7 (213.4) 82.5
DOLLARAMA INC DR3 GR 2,142.0 (216.5) 66.8
DOLLARAMA INC DLMAF US 2,142.0 (216.5) 66.8
DOLLARAMA INC DOL CN 2,142.0 (216.5) 66.8
DOLLARAMA INC DR3 GZ 2,142.0 (216.5) 66.8
DOLLARAMA INC DOLEUR EU 2,142.0 (216.5) 66.8
DOLLARAMA INC DR3 TH 2,142.0 (216.5) 66.8
DOLLARAMA INC DR3 QT 2,142.0 (216.5) 66.8
DOMINO'S PIZZA EZV GR 912.1 (2,973.8) 229.2
DOMINO'S PIZZA DPZ US 912.1 (2,973.8) 229.2
DOMINO'S PIZZA EZV TH 912.1 (2,973.8) 229.2
DOMINO'S PIZZA EZV QT 912.1 (2,973.8) 229.2
DOMINO'S PIZZA DPZEUR EU 912.1 (2,973.8) 229.2
DOMINO'S PIZZA DPZUSD EU 912.1 (2,973.8) 229.2
DUN & BRADSTREET DNB US 1,931.4 (730.1) (291.9)
DUN & BRADSTREET DB5 GR 1,931.4 (730.1) (291.9)
DUN & BRADSTREET DB5 QT 1,931.4 (730.1) (291.9)
DUN & BRADSTREET DNB1EUR EU 1,931.4 (730.1) (291.9)
DUNKIN' BRANDS G 2DB TH 3,456.6 (712.8) 273.9
DUNKIN' BRANDS G DNKN US 3,456.6 (712.8) 273.9
DUNKIN' BRANDS G 2DB GR 3,456.6 (712.8) 273.9
DUNKIN' BRANDS G 2DB GZ 3,456.6 (712.8) 273.9
DUNKIN' BRANDS G 2DB QT 3,456.6 (712.8) 273.9
DUNKIN' BRANDS G DNKNEUR EU 3,456.6 (712.8) 273.9
EGAIN CORP EGAN US 48.2 (1.3) (12.2)
EGAIN CORP EGCA GR 48.2 (1.3) (12.2)
EGAIN CORP EGANEUR EU 48.2 (1.3) (12.2)
EVERI HOLDINGS I G2C TH 1,534.2 (113.2) 11.5
EVERI HOLDINGS I G2C GR 1,534.2 (113.2) 11.5
EVERI HOLDINGS I EVRI US 1,534.2 (113.2) 11.5
EVERI HOLDINGS I EVRIEUR EU 1,534.2 (113.2) 11.5
EXELA TECHNOLOGI XELA US 1,662.3 (93.2) (26.8)
FRONTDOOR IN 3I5 GR 1,065.0 (439.0) (115.0)
FRONTDOOR IN FTDR US 1,065.0 (439.0) (115.0)
GAMCO INVESTO-A GBL US 134.6 (12.2) -
GOGO INC GOGO US 1,248.5 (261.3) 300.9
GOGO INC G0G TH 1,248.5 (261.3) 300.9
GOGO INC G0G GR 1,248.5 (261.3) 300.9
GOGO INC G0G QT 1,248.5 (261.3) 300.9
GOGO INC GOGOUSD EU 1,248.5 (261.3) 300.9
GOGO INC GOGOEUR EU 1,248.5 (261.3) 300.9
GOLDEN STAR RES GSS US 331.4 (71.3) (91.0)
GOLDEN STAR RES GSC CN 331.4 (71.3) (91.0)
GOLDEN STAR RES GS51 GR 331.4 (71.3) (91.0)
GOLDEN STAR RES GSC1EUR EU 331.4 (71.3) (91.0)
GOLDEN STAR RES GS5 QT 331.4 (71.3) (91.0)
GOLDEN STAR RES GSC1USD EU 331.4 (71.3) (91.0)
GOLDEN STAR RES GS5 GZ 331.4 (71.3) (91.0)
GOOSEHEAD INSU-A GSHD US 31.2 (26.5) -
GOOSEHEAD INSU-A 2OX GR 31.2 (26.5) -
GOOSEHEAD INSU-A GSHDEUR EU 31.2 (26.5) -
GRAFTECH INTERNA EAF US 1,505.5 (1,076.8) 310.9
GRAFTECH INTERNA G6G GR 1,505.5 (1,076.8) 310.9
GRAFTECH INTERNA G6G TH 1,505.5 (1,076.8) 310.9
GRAFTECH INTERNA EAFEUR EU 1,505.5 (1,076.8) 310.9
GRAFTECH INTERNA G6G QT 1,505.5 (1,076.8) 310.9
GRAFTECH INTERNA EAFUSD EU 1,505.5 (1,076.8) 310.9
GREEN PLAINS PAR GPP US 89.3 (67.4) 2.8
GREEN PLAINS PAR 8GP GR 89.3 (67.4) 2.8
GREENSKY INC-A GSKY US 801.5 (12.2) 358.9
H&R BLOCK INC HRB TH 2,233.3 (31.3) 455.3
H&R BLOCK INC HRB US 2,233.3 (31.3) 455.3
H&R BLOCK INC HRB GR 2,233.3 (31.3) 455.3
H&R BLOCK INC HRB QT 2,233.3 (31.3) 455.3
H&R BLOCK INC HRBEUR EU 2,233.3 (31.3) 455.3
H&R BLOCK INC HRBUSD EU 2,233.3 (31.3) 455.3
HANGER INC HNGR US 675.6 (25.6) 139.7
HCA HEALTHCARE I 2BH TH 39,207.0 (2,918.0) 2,644.0
HCA HEALTHCARE I HCA US 39,207.0 (2,918.0) 2,644.0
HCA HEALTHCARE I 2BH GR 39,207.0 (2,918.0) 2,644.0
HCA HEALTHCARE I 2BH QT 39,207.0 (2,918.0) 2,644.0
HCA HEALTHCARE I HCAEUR EU 39,207.0 (2,918.0) 2,644.0
HCA HEALTHCARE I HCA* MM 39,207.0 (2,918.0) 2,644.0
HCA HEALTHCARE I HCAUSD EU 39,207.0 (2,918.0) 2,644.0
HELIUS MEDICAL T HSM CN 13.3 (4.5) (5.0)
HELIUS MEDICAL T HSDT US 13.3 (4.5) (5.0)
HELIUS MEDICAL T 26H GR 13.3 (4.5) (5.0)
HERBALIFE NUTRIT HLF US 2,734.8 (761.1) 210.5
HERBALIFE NUTRIT HOO GR 2,734.8 (761.1) 210.5
HERBALIFE NUTRIT HLFEUR EU 2,734.8 (761.1) 210.5
HERBALIFE NUTRIT HOO QT 2,734.8 (761.1) 210.5
HERBALIFE NUTRIT HLFUSD EU 2,734.8 (761.1) 210.5
HP COMPANY-BDR HPQB34 BZ 34,622.0 (639.0) (3,744.0)
HP INC HPQ TE 34,622.0 (639.0) (3,744.0)
HP INC 7HP GR 34,622.0 (639.0) (3,744.0)
HP INC HPQ US 34,622.0 (639.0) (3,744.0)
HP INC 7HP TH 34,622.0 (639.0) (3,744.0)
HP INC HPQ* MM 34,622.0 (639.0) (3,744.0)
HP INC HPQUSD SW 34,622.0 (639.0) (3,744.0)
HP INC 7HP GZ 34,622.0 (639.0) (3,744.0)
HP INC HPQEUR EU 34,622.0 (639.0) (3,744.0)
HP INC HPQ SW 34,622.0 (639.0) (3,744.0)
HP INC HPQ CI 34,622.0 (639.0) (3,744.0)
HP INC HPQ AV 34,622.0 (639.0) (3,744.0)
HP INC HWP QT 34,622.0 (639.0) (3,744.0)
HP INC HPQCHF EU 34,622.0 (639.0) (3,744.0)
HP INC HPQUSD EU 34,622.0 (639.0) (3,744.0)
IDEXX LABS IDXX US 1,537.3 (9.2) (116.3)
IDEXX LABS IX1 GR 1,537.3 (9.2) (116.3)
IDEXX LABS IX1 QT 1,537.3 (9.2) (116.3)
IDEXX LABS IDXX AV 1,537.3 (9.2) (116.3)
IDEXX LABS IX1 TH 1,537.3 (9.2) (116.3)
IDEXX LABS IX1 GZ 1,537.3 (9.2) (116.3)
IDEXX LABS IDXX TE 1,537.3 (9.2) (116.3)
INFRASTRUCTURE A IEA US 485.9 (112.5) 30.0
INSEEGO CORP INO QT 158.9 (33.3) 29.8
INSEEGO CORP INO TH 158.9 (33.3) 29.8
INSEEGO CORP INSG US 158.9 (33.3) 29.8
INSEEGO CORP INO GR 158.9 (33.3) 29.8
INSEEGO CORP INSGEUR EU 158.9 (33.3) 29.8
INSEEGO CORP INSGUSD EU 158.9 (33.3) 29.8
IRONWOOD PHARMAC I76 TH 416.7 (197.3) 136.0
IRONWOOD PHARMAC IRWD US 416.7 (197.3) 136.0
IRONWOOD PHARMAC I76 GR 416.7 (197.3) 136.0
IRONWOOD PHARMAC I76 QT 416.7 (197.3) 136.0
IRONWOOD PHARMAC IRWDEUR EU 416.7 (197.3) 136.0
ISRAMCO INC ISRL US 114.8 (8.9) (6.1)
ISRAMCO INC IRM GR 114.8 (8.9) (6.1)
ISRAMCO INC ISRLEUR EU 114.8 (8.9) (6.1)
JACK IN THE BOX JACK US 823.4 (591.7) (88.7)
JACK IN THE BOX JBX GR 823.4 (591.7) (88.7)
JACK IN THE BOX JBX GZ 823.4 (591.7) (88.7)
JACK IN THE BOX JBX QT 823.4 (591.7) (88.7)
JACK IN THE BOX JACK1EUR EU 823.4 (591.7) (88.7)
KODIAK SCIENCES KOD US 17.1 (43.8) 6.9
L BRANDS INC LB US 7,829.0 (1,312.0) 791.0
L BRANDS INC LTD TH 7,829.0 (1,312.0) 791.0
L BRANDS INC LTD GR 7,829.0 (1,312.0) 791.0
L BRANDS INC LBEUR EU 7,829.0 (1,312.0) 791.0
L BRANDS INC LB* MM 7,829.0 (1,312.0) 791.0
L BRANDS INC LTD QT 7,829.0 (1,312.0) 791.0
L BRANDS INC LBUSD EU 7,829.0 (1,312.0) 791.0
LAMB WESTON LW-WEUR EU 3,052.5 (167.1) 437.8
LAMB WESTON 0L5 GR 3,052.5 (167.1) 437.8
LAMB WESTON 0L5 TH 3,052.5 (167.1) 437.8
LAMB WESTON 0L5 QT 3,052.5 (167.1) 437.8
LAMB WESTON LW US 3,052.5 (167.1) 437.8
LAMB WESTON LW-WUSD EU 3,052.5 (167.1) 437.8
LENNOX INTL INC LII US 1,817.2 (149.6) 80.9
LENNOX INTL INC LXI GR 1,817.2 (149.6) 80.9
LENNOX INTL INC LII* MM 1,817.2 (149.6) 80.9
LENNOX INTL INC LII1EUR EU 1,817.2 (149.6) 80.9
LENNOX INTL INC LXI TH 1,817.2 (149.6) 80.9
LENNOX INTL INC LII1USD EU 1,817.2 (149.6) 80.9
LEXICON PHARMACE LX31 GR 310.2 (29.4) 129.9
LEXICON PHARMACE LXRX US 310.2 (29.4) 129.9
LEXICON PHARMACE LXRXEUR EU 310.2 (29.4) 129.9
LEXICON PHARMACE LX31 QT 310.2 (29.4) 129.9
LEXICON PHARMACE LXRXUSD EU 310.2 (29.4) 129.9
MCDONALDS - BDR MCDC34 BZ 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCD SW 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCD US 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MDO GR 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCD* MM 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCD TE 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MDO TH 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCDUSD SW 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MDO GZ 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCDEUR EU 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCD AV 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCD CI 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MDO QT 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCDCHF EU 32,811.2 (6,258.4) 1,079.7
MCDONALDS CORP MCDUSD EU 32,811.2 (6,258.4) 1,079.7
MCDONALDS-CEDEAR MCD AR 32,811.2 (6,258.4) 1,079.7
MEDICINES COMP MZN GR 733.7 (26.6) 109.5
MEDICINES COMP MDCO US 733.7 (26.6) 109.5
MEDICINES COMP MZN QT 733.7 (26.6) 109.5
MEDICINES COMP MZN GZ 733.7 (26.6) 109.5
MEDICINES COMP MDCOUSD EU 733.7 (26.6) 109.5
MEDICINES COMP MZN TH 733.7 (26.6) 109.5
MICHAELS COS INC MIK US 2,339.0 (1,789.9) 400.0
MICHAELS COS INC MIM GR 2,339.0 (1,789.9) 400.0
MOTOROLA SOLUTIO MOT TE 9,409.0 (1,276.0) 1,176.0
MOTOROLA SOLUTIO MSI US 9,409.0 (1,276.0) 1,176.0
MOTOROLA SOLUTIO MTLA TH 9,409.0 (1,276.0) 1,176.0
MOTOROLA SOLUTIO MTLA GZ 9,409.0 (1,276.0) 1,176.0
MOTOROLA SOLUTIO MSI1EUR EU 9,409.0 (1,276.0) 1,176.0
MOTOROLA SOLUTIO MTLA QT 9,409.0 (1,276.0) 1,176.0
MOTOROLA SOLUTIO MTLA GR 9,409.0 (1,276.0) 1,176.0
MOTOROLA SOLUTIO MSI1USD EU 9,409.0 (1,276.0) 1,176.0
MSG NETWORKS- A MSGN US 830.4 (562.0) 204.8
MSG NETWORKS- A 1M4 QT 830.4 (562.0) 204.8
MSG NETWORKS- A MSGNEUR EU 830.4 (562.0) 204.8
MSG NETWORKS- A 1M4 GR 830.4 (562.0) 204.8
MSG NETWORKS- A 1M4 TH 830.4 (562.0) 204.8
NATHANS FAMOUS NATH US 91.2 (71.6) 70.7
NATHANS FAMOUS NFA GR 91.2 (71.6) 70.7
NATIONAL CINEMED NCMI US 1,120.0 (90.4) 89.4
NATIONAL CINEMED XWM GR 1,120.0 (90.4) 89.4
NATIONAL CINEMED NCMIEUR EU 1,120.0 (90.4) 89.4
NAVISTAR INTL IHR TH 7,230.0 (3,926.0) 1,329.0
NAVISTAR INTL IHR GR 7,230.0 (3,926.0) 1,329.0
NAVISTAR INTL NAV US 7,230.0 (3,926.0) 1,329.0
NAVISTAR INTL IHR QT 7,230.0 (3,926.0) 1,329.0
NAVISTAR INTL IHR GZ 7,230.0 (3,926.0) 1,329.0
NAVISTAR INTL NAVEUR EU 7,230.0 (3,926.0) 1,329.0
NAVISTAR INTL NAVUSD EU 7,230.0 (3,926.0) 1,329.0
NEW ENG RLTY-LP NEN US 250.0 (36.1) -
NII HOLDINGS INC NJJA QT 1,039.6 (187.0) 203.5
NII HOLDINGS INC NJJA TH 1,039.6 (187.0) 203.5
NII HOLDINGS INC NIHD US 1,039.6 (187.0) 203.5
NII HOLDINGS INC NJJA GR 1,039.6 (187.0) 203.5
NII HOLDINGS INC NIHDEUR EU 1,039.6 (187.0) 203.5
NRG ENERGY NRA GR 11,450.0 (917.0) 1,562.0
NRG ENERGY NRA TH 11,450.0 (917.0) 1,562.0
NRG ENERGY NRG US 11,450.0 (917.0) 1,562.0
NRG ENERGY NRA QT 11,450.0 (917.0) 1,562.0
NRG ENERGY NRGEUR EU 11,450.0 (917.0) 1,562.0
NRG ENERGY NRG1USD EU 11,450.0 (917.0) 1,562.0
OMEROS CORP OMER US 75.6 (89.0) 41.4
OMEROS CORP 3O8 GR 75.6 (89.0) 41.4
OMEROS CORP 3O8 TH 75.6 (89.0) 41.4
OMEROS CORP OMEREUR EU 75.6 (89.0) 41.4
OMEROS CORP OMERUSD EU 75.6 (89.0) 41.4
ONDAS HOLDINGS I ONDS US 1.2 (9.9) (9.8)
OPTIVA INC OPT CN 123.4 (24.8) 15.7
OPTIVA INC RKNEF US 123.4 (24.8) 15.7
OPTIVA INC RE6 GR 123.4 (24.8) 15.7
OPTIVA INC RKNEUR EU 123.4 (24.8) 15.7
OPTIVA INC 3230510Q EU 123.4 (24.8) 15.7
PAPA JOHN'S INTL PZZA US 551.2 (268.7) (11.4)
PAPA JOHN'S INTL PP1 GR 551.2 (268.7) (11.4)
PAPA JOHN'S INTL PZZAEUR EU 551.2 (268.7) (11.4)
PHILIP MORRIS IN PM1 EU 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN 4I1 GR 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN PM US 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN PM1CHF EU 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN PM1 TE 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN 4I1 TH 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN PM1EUR EU 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN PMI SW 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN 4I1 GZ 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN PMI1 IX 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN PMI EB 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN 4I1 QT 39,801.0 (10,739.0) 2,251.0
PHILIP MORRIS IN PMOR AV 39,801.0 (10,739.0) 2,251.0
PLANET FITNESS-A PLNT1EUR EU 1,621.4 (110.1) 540.5
PLANET FITNESS-A 3PL QT 1,621.4 (110.1) 540.5
PLANET FITNESS-A PLNT US 1,621.4 (110.1) 540.5
PLANET FITNESS-A 3PL TH 1,621.4 (110.1) 540.5
PLANET FITNESS-A 3PL GR 1,621.4 (110.1) 540.5
PLANET FITNESS-A PLNT1USD EU 1,621.4 (110.1) 540.5
PLURALSIGHT IN-A PS US 421.6 226.3 86.3
PRIORITY TECHNOL PRTHU US 327.3 (82.4) 24.0
PRIORITY TECHNOL PRTH US 327.3 (82.4) 24.0
QUEBECOR INC-A QBR/A CN 9,101.7 (226.6) (1,081.3)
QUEBECOR INC-B QB3 GR 9,101.7 (226.6) (1,081.3)
QUEBECOR INC-B QBCRF US 9,101.7 (226.6) (1,081.3)
QUEBECOR INC-B QBR/B CN 9,101.7 (226.6) (1,081.3)
RESOLUTE ENERGY REN US 897.8 (94.8) (193.8)
RESOLUTE ENERGY R21 GR 897.8 (94.8) (193.8)
RESOLUTE ENERGY R21 TH 897.8 (94.8) (193.8)
RESOLUTE ENERGY R21A QT 897.8 (94.8) (193.8)
RESOLUTE ENERGY RENEUR EU 897.8 (94.8) (193.8)
RESVERLOGIX CORP RVX CN 12.6 (155.8) (69.1)
REVLON INC-A RVL1 GR 3,188.3 (988.2) 45.7
REVLON INC-A RVL1 TH 3,188.3 (988.2) 45.7
REVLON INC-A REVEUR EU 3,188.3 (988.2) 45.7
REVLON INC-A REV US 3,188.3 (988.2) 45.7
RIMINI STREET IN RMNI US 81.5 (152.2) (124.2)
ROSETTA STONE IN RS8 GR 191.5 (9.1) (68.2)
ROSETTA STONE IN RST US 191.5 (9.1) (68.2)
ROSETTA STONE IN RST1EUR EU 191.5 (9.1) (68.2)
RR DONNELLEY & S RRD US 3,698.0 (219.5) 635.1
RR DONNELLEY & S DLLN GR 3,698.0 (219.5) 635.1
RR DONNELLEY & S DLLN TH 3,698.0 (219.5) 635.1
RR DONNELLEY & S RRDEUR EU 3,698.0 (219.5) 635.1
RR DONNELLEY & S RRDUSD EU 3,698.0 (219.5) 635.1
SALLY BEAUTY HOL S7V GR 2,144.6 (214.7) 733.2
SALLY BEAUTY HOL SBH US 2,144.6 (214.7) 733.2
SALLY BEAUTY HOL SBHEUR EU 2,144.6 (214.7) 733.2
SANCHEZ ENERGY C SN* MM 2,931.8 (80.0) (37.1)
SBA COMM CORP 4SB GR 7,213.8 (3,145.1) 62.2
SBA COMM CORP SBAC US 7,213.8 (3,145.1) 62.2
SBA COMM CORP 4SB GZ 7,213.8 (3,145.1) 62.2
SBA COMM CORP SBJ TH 7,213.8 (3,145.1) 62.2
SBA COMM CORP SBACEUR EU 7,213.8 (3,145.1) 62.2
SBA COMM CORP SBACUSD EU 7,213.8 (3,145.1) 62.2
SCIENTIFIC GAMES TJW GZ 7,528.9 (2,618.6) 237.4
SCIENTIFIC GAMES SGMS US 7,528.9 (2,618.6) 237.4
SCIENTIFIC GAMES SGMSUSD EU 7,528.9 (2,618.6) 237.4
SCIENTIFIC GAMES TJW GR 7,528.9 (2,618.6) 237.4
SCIENTIFIC GAMES TJW TH 7,528.9 (2,618.6) 237.4
SEALED AIR CORP SDA GR 5,050.2 (348.6) 66.2
SEALED AIR CORP SEE US 5,050.2 (348.6) 66.2
SEALED AIR CORP SDA TH 5,050.2 (348.6) 66.2
SEALED AIR CORP SDA QT 5,050.2 (348.6) 66.2
SEALED AIR CORP SEE1EUR EU 5,050.2 (348.6) 66.2
SERES THERAPEUTI MCRB US 109.0 (30.6) 40.4
SERES THERAPEUTI 1S9 GR 109.0 (30.6) 40.4
SERES THERAPEUTI MCRB1EUR EU 109.0 (30.6) 40.4
SHELL MIDSTREAM 49M QT 1,898.7 (283.2) 212.4
SHELL MIDSTREAM SHLX US 1,898.7 (283.2) 212.4
SHELL MIDSTREAM 49M GR 1,898.7 (283.2) 212.4
SHELL MIDSTREAM 49M TH 1,898.7 (283.2) 212.4
SI-BONE INC SIBN US 28.4 (20.9) 15.9
SI-BONE INC 2K3 GR 28.4 (20.9) 15.9
SI-BONE INC 2K3 GZ 28.4 (20.9) 15.9
SINO UNITED WORL SUIC US 0.1 (0.1) (0.1)
SIRIUS XM HOLDIN RDO GR 8,172.7 (1,816.9) (2,324.4)
SIRIUS XM HOLDIN RDO TH 8,172.7 (1,816.9) (2,324.4)
SIRIUS XM HOLDIN SIRIEUR EU 8,172.7 (1,816.9) (2,324.4)
SIRIUS XM HOLDIN RDO GZ 8,172.7 (1,816.9) (2,324.4)
SIRIUS XM HOLDIN SIRI AV 8,172.7 (1,816.9) (2,324.4)
SIRIUS XM HOLDIN RDO QT 8,172.7 (1,816.9) (2,324.4)
SIRIUS XM HOLDIN SIRI US 8,172.7 (1,816.9) (2,324.4)
SIRIUS XM HOLDIN SIRIUSD EU 8,172.7 (1,816.9) (2,324.4)
SIRIUS XM HOLDIN SIRI TE 8,172.7 (1,816.9) (2,324.4)
SIX FLAGS ENTERT SIX US 2,633.4 (1.2) (54.8)
SIX FLAGS ENTERT 6FE GR 2,633.4 (1.2) (54.8)
SIX FLAGS ENTERT SIXEUR EU 2,633.4 (1.2) (54.8)
SIX FLAGS ENTERT SIXUSD EU 2,633.4 (1.2) (54.8)
SLEEP NUMBER COR SL2 GR 470.1 (54.4) (280.6)
SLEEP NUMBER COR SNBR US 470.1 (54.4) (280.6)
SLEEP NUMBER COR SNBREUR EU 470.1 (54.4) (280.6)
STARBUCKS CORP SBUX US 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SRB GR 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SRB TH 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUX* MM 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUXUSD SW 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUXUSD EU 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SRB GZ 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUX AV 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUX PE 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUX SW 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUX CI 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SRB QT 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUXCHF EU 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUXEUR EU 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUX TE 19,981.3 (2,878.8) 2,248.8
STARBUCKS CORP SBUX IM 19,981.3 (2,878.8) 2,248.8
STARBUCKS-BDR SBUB34 BZ 19,981.3 (2,878.8) 2,248.8
TAUBMAN CENTERS TCO US 4,335.7 (238.6) -
TAUBMAN CENTERS TU8 GR 4,335.7 (238.6) -
TOWN SPORTS INTE CLUB US 261.9 (75.4) (16.8)
TRANSDIGM GROUP TDG US 12,389.3 (1,666.9) 2,975.4
TRANSDIGM GROUP T7D GR 12,389.3 (1,666.9) 2,975.4
TRANSDIGM GROUP T7D QT 12,389.3 (1,666.9) 2,975.4
TRANSDIGM GROUP TDGEUR EU 12,389.3 (1,666.9) 2,975.4
TRANSDIGM GROUP T7D TH 12,389.3 (1,666.9) 2,975.4
TRANSDIGM GROUP TDGUSD EU 12,389.3 (1,666.9) 2,975.4
TRIUMPH GROUP TGI US 3,330.5 (276.5) 421.7
TRIUMPH GROUP TG7 GR 3,330.5 (276.5) 421.7
TRIUMPH GROUP TGIEUR EU 3,330.5 (276.5) 421.7
TRULIEVE CANNABI TRUL CN 0.1 (0.2) (0.2)
TRULIEVE CANNABI TCNNF US 0.1 (0.2) (0.2)
TUPPERWARE BRAND TUP GR 1,306.0 (243.1) (119.4)
TUPPERWARE BRAND TUP US 1,306.0 (243.1) (119.4)
TUPPERWARE BRAND TUP GZ 1,306.0 (243.1) (119.4)
TUPPERWARE BRAND TUP QT 1,306.0 (243.1) (119.4)
TUPPERWARE BRAND TUP TH 1,306.0 (243.1) (119.4)
TUPPERWARE BRAND TUP1EUR EU 1,306.0 (243.1) (119.4)
TUPPERWARE BRAND TUP1USD EU 1,306.0 (243.1) (119.4)
UNISYS CORP USY1 TH 2,328.0 (1,203.8) 365.0
UNISYS CORP USY1 GR 2,328.0 (1,203.8) 365.0
UNISYS CORP UIS US 2,328.0 (1,203.8) 365.0
UNISYS CORP UIS1 SW 2,328.0 (1,203.8) 365.0
UNISYS CORP UISEUR EU 2,328.0 (1,203.8) 365.0
UNISYS CORP UISCHF EU 2,328.0 (1,203.8) 365.0
UNISYS CORP USY1 QT 2,328.0 (1,203.8) 365.0
UNISYS CORP USY1 GZ 2,328.0 (1,203.8) 365.0
UNITI GROUP INC 8XC GR 4,570.8 (1,319.4) -
UNITI GROUP INC UNIT US 4,570.8 (1,319.4) -
VALVOLINE INC 0V4 GR 1,832.0 (343.0) 288.0
VALVOLINE INC VVVEUR EU 1,832.0 (343.0) 288.0
VALVOLINE INC 0V4 TH 1,832.0 (343.0) 288.0
VALVOLINE INC 0V4 QT 1,832.0 (343.0) 288.0
VALVOLINE INC VVV US 1,832.0 (343.0) 288.0
VALVOLINE INC VVVUSD EU 1,832.0 (343.0) 288.0
VANTAGE DRILL-UT VTGGF US 1,033.3 (12.5) 222.0
VECTOR GROUP LTD VGR US 1,346.9 (472.4) 137.6
VECTOR GROUP LTD VGR GR 1,346.9 (472.4) 137.6
VECTOR GROUP LTD VGR QT 1,346.9 (472.4) 137.6
VECTOR GROUP LTD VGREUR EU 1,346.9 (472.4) 137.6
VECTOR GROUP LTD VGRUSD EU 1,346.9 (472.4) 137.6
VERISIGN INC VRS GR 1,914.5 (1,385.5) 369.4
VERISIGN INC VRSN US 1,914.5 (1,385.5) 369.4
VERISIGN INC VRS TH 1,914.5 (1,385.5) 369.4
VERISIGN INC VRS GZ 1,914.5 (1,385.5) 369.4
VERISIGN INC VRSNEUR EU 1,914.5 (1,385.5) 369.4
VERISIGN INC VRS QT 1,914.5 (1,385.5) 369.4
VERISIGN INC VRSN* MM 1,914.5 (1,385.5) 369.4
VERISIGN INC VRSNUSD EU 1,914.5 (1,385.5) 369.4
W&T OFFSHORE INC UWV GR 1,102.3 (459.8) 43.2
W&T OFFSHORE INC WTI US 1,102.3 (459.8) 43.2
W&T OFFSHORE INC WTI1EUR EU 1,102.3 (459.8) 43.2
WAYFAIR INC- A W US 1,299.6 (312.2) (239.1)
WAYFAIR INC- A 1WF QT 1,299.6 (312.2) (239.1)
WAYFAIR INC- A 1WF GR 1,299.6 (312.2) (239.1)
WAYFAIR INC- A WEUR EU 1,299.6 (312.2) (239.1)
WEIGHT WATCHERS WW6 GR 1,381.5 (841.3) 24.1
WEIGHT WATCHERS WTW US 1,381.5 (841.3) 24.1
WEIGHT WATCHERS WW6 GZ 1,381.5 (841.3) 24.1
WEIGHT WATCHERS WW6 TH 1,381.5 (841.3) 24.1
WEIGHT WATCHERS WTW AV 1,381.5 (841.3) 24.1
WEIGHT WATCHERS WTWEUR EU 1,381.5 (841.3) 24.1
WEIGHT WATCHERS WW6 QT 1,381.5 (841.3) 24.1
WEIGHT WATCHERS WTWUSD EU 1,381.5 (841.3) 24.1
WESTERN UNIO-BDR WUNI34 BZ 8,996.8 (309.8) (645.5)
WESTERN UNION W3U TH 8,996.8 (309.8) (645.5)
WESTERN UNION W3U GR 8,996.8 (309.8) (645.5)
WESTERN UNION WU US 8,996.8 (309.8) (645.5)
WESTERN UNION WUEUR EU 8,996.8 (309.8) (645.5)
WESTERN UNION W3U GZ 8,996.8 (309.8) (645.5)
WESTERN UNION W3U QT 8,996.8 (309.8) (645.5)
WESTERN UNION WUUSD EU 8,996.8 (309.8) (645.5)
WIDEOPENWEST INC WOW US 2,250.8 (399.3) (68.5)
WIDEOPENWEST INC WU5 GR 2,250.8 (399.3) (68.5)
WIDEOPENWEST INC WU5 QT 2,250.8 (399.3) (68.5)
WIDEOPENWEST INC WOW1EUR EU 2,250.8 (399.3) (68.5)
WINGSTOP INC WING US 127.8 (136.3) (5.7)
WINGSTOP INC EWG GR 127.8 (136.3) (5.7)
WINGSTOP INC WING1EUR EU 127.8 (136.3) (5.7)
WINMARK CORP WINA US 50.5 (11.7) 7.5
WINMARK CORP GBZ GR 50.5 (11.7) 7.5
WORKIVA INC WK US 200.4 (12.3) (18.4)
WORKIVA INC 0WKA GR 200.4 (12.3) (18.4)
WORKIVA INC WKEUR EU 200.4 (12.3) (18.4)
WYNDHAM DESTINAT WD5 TH 7,132.0 (509.0) (86.0)
WYNDHAM DESTINAT WD5 GR 7,132.0 (509.0) (86.0)
WYNDHAM DESTINAT WYND US 7,132.0 (509.0) (86.0)
WYNDHAM DESTINAT WD5 QT 7,132.0 (509.0) (86.0)
WYNDHAM DESTINAT WYNEUR EU 7,132.0 (509.0) (86.0)
WYNDHAM DESTINAT WYNUSD EU 7,132.0 (509.0) (86.0)
YELLOW PAGES LTD Y CN 546.1 (145.7) 81.2
YETI HOLDINGS IN 1YN GR 502.6 (37.2) 98.7
YETI HOLDINGS IN 1YN TH 502.6 (37.2) 98.7
YETI HOLDINGS IN 1YN QT 502.6 (37.2) 98.7
YETI HOLDINGS IN YETI US 502.6 (37.2) 98.7
YRC WORLDWIDE IN YEL1 GR 1,617.1 (301.2) 168.5
YRC WORLDWIDE IN YRCW US 1,617.1 (301.2) 168.5
YRC WORLDWIDE IN YEL1 QT 1,617.1 (301.2) 168.5
YRC WORLDWIDE IN YRCWEUR EU 1,617.1 (301.2) 168.5
YRC WORLDWIDE IN YEL1 TH 1,617.1 (301.2) 168.5
YRC WORLDWIDE IN YRCWUSD EU 1,617.1 (301.2) 168.5
YUM! BRANDS INC TGR TH 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC YUM US 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC TGR GR 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC YUM* MM 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC YUMUSD SW 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC YUMUSD EU 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC TGR GZ 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC YUMEUR EU 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC TGR QT 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC YUMCHF EU 4,130.0 (7,926.0) (94.0)
YUM! BRANDS INC YUM SW 4,130.0 (7,926.0) (94.0)
*********
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 2019. 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.
*** End of Transmission ***