/raid1/www/Hosts/bankrupt/TCR

/raid1/www/Hosts/bankrupt/TCR_Public/200106.mbx T R O U B L E D C O M P A N Y R E P O R T E R Monday, January 6, 2020, Vol. 24, No. 5 Headlines 01 BH PARTNERSHIP: Disclosure Hearing Reset to Jan. 8, 2020 1934 BEDFORD: Mortgagee Asks Court to Terminate Exclusivity Period 2736 CHAMPA: U.S. Trustee Unable to Appoint Committee 360 MORTGAGE: To Pay Off Claims from Liquidation 53 STANHOPE: Taps Robinson Brog as Special Counsel ACHILLES ACQUISITION: Moody's Rates $75MM First Lien Term Loan 'B2' AGAPE' ASSEMBLY: Seeks to Hire Latham Luna as Counsel AIR INDUSTRIES: Secures New $18.9 Million Credit Facility APG SUBS: Affiliate Seeks Court Approval to Hire PCI Auctions ARCACHON PARTNERS: Unsec. Creditors to Get 100% in One Year ARETE HEALTHCARE: Committee Taps Brinkman Portillo as Counsel ASC INSULATION: Hires James Young Law as Co-Counsel ASC INSULATION: Seeks to Hire Springer Larsen as Counsel ASPEN CLUB: U.S. Trustee Unable to Appoint Committee ATLANTIC CITY, NJ: Moody's Raises LT Issuer Rating to Ba3 AUTHENTIC AIR: Charles F. Muller Okayed as Accountant AUTHENTIC AIR: Derbes Law Firm Approved as Bankruptcy Counsel AUTOMATION PRECISION: Hires Roussos & Barnhart as Counsel AVIANCA HOLDINGS: Settles Mandatory Exchange 8.375% Secured Notes BETTEROADS ASPHALT: Seeks to Hire Lugo Mender as Legal Counsel BIOSTAGE INC: Provides Update on FDA IND Application for Cellspan BLUE DOG: Creditors' Recovery to Depend on Liquidation BODY TRANSIT: Voluntary Chapter 11 Case Summary BRAZORIA HYDROCARBON: To Seek Plan Approval Feb. 12 BROTHERS TRUCKLINES: Seeks Approval to Hire Bankruptcy Attorney CANCER GENETICS: Hal Mintz Reports 1.18% Stake as of Dec. 31 CELADON GROUP: Committee Opposes DIP Financing, Seeks Modifications CELADON GROUP: Ex-Employees Bar DIP Motion, Seek to Secure Claim CELADON GROUP: FMSCA, Texas Counties, Seek to Prohibit DIP Motion CELADON GROUP: Obtains Interim DIP Loan from Blue Torch Finance CELADON GROUP: Shareholder, DIP Lenders Haggle on Additional Fee COMMUNITY HEALTH: Kevin Hammons Named Chief Financial Officer CONFLUENCE ENERGY: Unsecureds Owed $13M to Get 3% in Plan CRAZY CAT: Seeks to Hire Phillips & Baca as Accountant CRM CITY FELLOWSHIP: Plan to Pay Unsecureds 100% in 54 Months CYTOSORBENTS CORP: Implements New Voting Standard for Directors DELMAR SUBS: Seeks Court Approval to Hire PCI Auctions DESTINATION MATERNITY: Committee Hires Cooley LLP as Counsel DESTINATION MATERNITY: Panel Taps Province as Financial Advisor DPW HOLDINGS: Subsidiary Agrees to Acquire Two Broker-Dealers FCPR ACQUISITION: Committee Hires Buss Ross as Counsel FIVE STAR: ABP Trust Has 6.3% Stake as of Jan. 1 FIVE STAR: Diversified Healthcare Has 33.9% Stake as of Jan. 1 FIVE STAR: Restructures Business Arrangements with DHC FIZZ & BUBBLE: March 3 Filing Deadline of Plan and Disclosures FULL X TECH: Committee Hires Genovese Joblove as Counsel GJ SOUTH LLC: U.S. Trustee Unable to Appoint Committee GROWLERU FRANCO: Hires Allen Vellone as Special Counsel HIGH RIDGE BRANDS: U.S. Trustee Forms 3-Member Committee IDEANOMICS INC: Seven Directors Elected to Board INPIXON: Sabby Volatility Has 1.7% Stake as of Dec. 31 JUNO USA: Hires Ms. Kibler of Mackinac Partners as CRO KHAN AVIATION: Trustee Hires Broker to Sell KRW Investments Assets KHAN AVIATION: Trustee Seeks to Hire Cressy Commercial as Broker LAS LOMAS: Case Summary & 20 Largest Unsecured Creditors MACHINE TECH: Hires Boyer Terry LLC as Attorney MAGNOLIA PROPERTIES: Seeks to Hire Judson E. Crump as Counsel MAGNUM MRO SYSTEMS: Voluntary Chapter 11 Case Summary MARINE ENVIRONMENTAL: Seeks More Time to File Bankruptcy Plan MARSHALL BROADCASTING: Hires Fletcher Heald as Special Counsel MARSHALL BROADCASTING: Hires Levene Neale as Bankruptcy Counsel MARSHALL BROADCASTING: Taps Gray Reed as Local Bankruptcy Counsel MC CLOUD TRUCKING: Seeks to Hire Gillespie & Murphy as Counsel MEADE INSTRUMENTS: U.S. Trustee Forms 5-Member Committee MEDICAL DEVICE: Core Industrial to Auction Assets on Jan. 21 MEGNA REAL: Voluntary Chapter 11 Case Summary MENDENHALL AUCTION: Bankruptcy Administrator to Form Committee MODERN POULTRY: Seeks to Hire Chad Curvin as Auctioneer MURRAY ENERGY: U.S. Trustee Forms 3-Member Retiree Committee NEOVASC INC: Will Raise $10-Mil. Through At-The-Market Offering OPTIMIZED LEASING: Plan Filing Deadline Extended to February P&D INVESTMENTS: Trustee Taps Greenspoon Marder as Legal Counsel PATRICIAN HOTEL: U.S. Trustee Unable to Appoint Committee PAUL SMITH: Ohio Wants Info on Plan Payments of Tax Debt PEAK SERUM: U.S. Trustee Unable to Appoint Committee PES HOLDINGS: Fine-Tunes Equitization/Sale Plan PETROLIA ENERGY: Incurs $413,600 Net Loss in 1st Quarter of 2019 PHUNWARE INC: Blythe Masters Appointed to Board of Directors PINNACLE ASSET: Seeks to Hire Dal Lago Law as Counsel POLA SUPERMARKET: Seeks to Extend Exclusivity Period to April 9 PUERTO RICO HOSPITAL: Hires KPM Realty as Real Estate Broker PULMATRIX INC: Signs Licensing Agreement with Johnson & Johnson RAM DISTRIBUTION: Gulkowitz Berger Hired as Litigation Counsel RMD AUTOMOTIVE: Employs Genova & Malin as Attorneys ROCK CREEK: Ritchie Marlboro Property to Pay Off Claims in 5 Years ROVER MINERALS: Jan. 28 Final DIP Hearing Set S C BHAIRAB INC: Seeks to Hire Nicoud Law as Legal Counsel S.W.R.D. LTD: Seeks to Hire Kaplan Johnson as Counsel SAEXPLORATION HOLDINGS: Lenders Extend Forbearance Until Jan. 27 SAEXPLORATION HOLDINGS: Terminates Chief Operating Officer SAVE MONEY: Hires Ecowayz International as Management Consultant SCOOBEEZ INC: Hires Hilco Real Estate to Market Glendale Property SELECTA BIOSCIENCES: Timothy Springer Has 17% Stake as of Dec. 23 SGM FOODS: Unsecureds to Have 10% Recovery Over 5 Years SHAPPHIRE RESOURCES: Readying Amended Plan & Disclosures SKLM LLC: Seeks to Hire Galloway Wettermark as Legal Counsel SMARTSCIENCE LABORATORIES: Gets Court Approval to Employ Appraiser SOCAL REO: Says Creditors to Recover 100% in Sale Plan SOUTH TEXAS INNOVATIONS: Fine-Tunes Chapter 11 Plan SOUTHERN LIVING: Seeks to Hire Jones & Walden as Counsel SOUTHERN PRODUCE: Northen Blue Represents Sweet Potato Producers STONEMOR PARTNERS: Mangrove Group Now Owns Zero Common Units STUDIO PRODUCTION: Hires Mark E. Brenner as Bankruptcy Counsel SUMMIT VIEW: Hires Stearns Weaver as Special Counsel SUN PACIFIC: Subsidiary Obtains Patent for Frame-Less Solar Panel SUPPERTIME INC: Hires Craig I. Kelley as Bankruptcy Counsel SUPPERTIME INC: Hires Harold Lightman as Accountant SUPPLEMENTS LT: Court Approves William Kaye as Receiver SWINGING TAIL: Seeks to Hire W Greene as Accountant TERRAVISTA PARTNERS: Impact Floors Says Disclosure Has Omissions TRIDENT CRATING: Unsecureds to Get 50% of Net Profit for 5 Years VAC FUND HOUSTON: Seeks to Hire Tiffany & Bosco as Legal Counsel VARTEK LLC: Seeks to Extend Exclusivity Period to Jan. 10 VECTOR LAUNCH: U.S. Trustee Forms 5-Member Committee VESTAVIA HILLS: Case Summary & 20 Largest Unsecured Creditors WC 56 EAST AVENUE: Seeks to Hire Lain Faulkner as Accountant WC 56 EAST AVENUE: Seeks to Hire Waller Lansden as Counsel WHITE’S PLACE: Seeks Plan Deadline Extension Pending Mediation YIPPIEKIYAY SYSTEMS: U.S. Trustee Unable to Appoint Committee [^] BOND PRICING: For the Week from Dec. 30, 2019 to Jan. 3, 2020 ********* 01 BH PARTNERSHIP: Disclosure Hearing Reset to Jan. 8, 2020 ----------------------------------------------------------- The hearing on the adequacy of the Disclosure Statement filed by debtor 01 BH Partnership on Nov. 18, 2019, previously set for hearing on January 7, 2020, at 11:00 a.m., has been rescheduled by the Court together with a status conference for Jan. 8, 2020, at 11:00 a.m., in Courtroom 1639 of the U.S. Bankruptcy Court for the Central District of California, San Fernando Valley Division, located at 255 E. Temple Street, Los Angeles, CA 90012. The Debtor is represented by: Mark E. Goodfriend, Esq. LAW OFFICES OF MARK E. GOODFRIEND 16055 Ventura Blvd, Suite 800 Encino, CA 91436 Telephone: (818) 783-8866 Facsimile: (818) 783-5445 E-mail: markgoodfriend@yahoo.com About 01 BH Partnership 01 BH Partnership is the fee owner of a 1,087-square-foot family residence located at 1001 N. Beverly Glen Blvd., Los Angeles. It also owns 10 percent interests in 18 adjacent undeveloped, vacant lots. It previously sought bankruptcy protection (Bankr. C.D. Cal. Case No. 18-11040) on April 25, 2018. 01 BH Partnership again sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 19-11924) on July 31, 2019. At the time of the filing, the Debtor disclosed $245,000 in assets and $10,562,927 in liabilities. The case is assigned to Judge Maureen Tighe. The Law Offices of Mark E. Goodfriend is the Debtor's counsel. 1934 BEDFORD: Mortgagee Asks Court to Terminate Exclusivity Period ------------------------------------------------------------------ 1930 Bedford Avenue LLC asked the U.S. Bankruptcy Court for the Eastern District of New York to terminate the exclusivity period for 1934 Bedford, LLC's Chapter 11 plan, saying the company may not be able to obtain financing prior to the hearing on confirmation of its plan. The plan filed on Dec. 18 last year provides for a refinancing by the confirmation hearing, which is likely to be in late February or early March. Financing, however, "does not appear to be in prospect," according to Mark Frankel, Esq., attorney for 1930 Bedford. "[1934 Bedford] stated on the record in September that it was likely to have financing in place within weeks and has not mentioned financing since," Mr. Frankel said. 1930 Bedford holds first mortgages in the principal amount of $15 million on 1934 Bedford's seven-story rental building in Brooklyn, N.Y. As of Sept. 12, 2019, the total amount due was $18,809,274. Per diem 24% interest accrues at $10,000 per day. "[1934 Bedford] has no money to pay interest pending a sale of the property, which means the mortgagee's claim is growing at an alarming rate and offers no assurance that a sale will generate sufficient proceeds to pay the mortgage claim in its increased amount," Mr. Frankel said. Mr. Frankel said the mortgagee will be proposing a rival plan similar to that of 1934 Bedford's plan but modified to ensure feasibility. 1930 Bedford's plan will carve out money from the mortgagee's first lien on the sale proceeds to pay bankruptcy professional fees and priority claims, if any. The mortgagee's plan will carve out an additional $25,000 for general unsecured creditors. This represents a 15% distribution if the sale proceeds cover all secured claims and if the $8.5 million insider claim is expunged. The mortgagee will also agree to be a stalking horse bidder, with no stalking horse fee, to ensure a sale. The court will hold a hearing to consider 1930 Bedford's request on Jan. 8. About 1934 Bedford LLC 1934 Bedford LLC operates and develops a multi-unit building in Brooklyn, New York. An involuntary petition for relief under Chapter 11 of the Bankruptcy Code was filed by creditors Simply Brooklyn Realty, HTC Construction Management, Inc., HTC Plumbing, Inc. against Bedford (Bankr. E.D.N.Y. Case Number 19-44751) on Aug. 2, 2019. On Sept. 12, 2019, Bedford consented to the entry of an order for relief under Chapter 11 of the Bankruptcy Code. The creditors are represented by Rosenberg Musso & Weiner LLP. Wayne Greenwald, P.C. is the Debtor's counsel. 2736 CHAMPA: U.S. Trustee Unable to Appoint Committee ----------------------------------------------------- The Office of the U.S. Trustee on Dec. 30, 2019, disclosed in a court filing that no official committee of unsecured creditors has been appointed in the Chapter 11 case of 2736 Champa, LLC. About 2736 Champa 2736 Champa, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No. 19-17678) on Sept. 5, 2019. At the time of the filing, the Debtor was estimated to have assets of between $500,001 and $1 million and liabilities of the same range. The Debtor tapped Roberson Law LLC as lead counsel; Wadsworth Garber Warner Conrardy, P.C. as co-counsel with Roberson Law; and Dennis & Company, P.C. as accountant. 360 MORTGAGE: To Pay Off Claims from Liquidation ------------------------------------------------ 360 Mortgage Group, LLC, on Dec. 13, 2019 filed a First Amended Disclosure Statement for its Chapter 11 Plan of Liquidation dated Oct. 15, 2019. The Debtor has promulgated the Plan consistent with the provisions of the Bankruptcy Code. The Plan provides for the creation of a Trust. The Plan also provides for the transfer of all of the Debtor's assets to the Trust, including all claims and causes of action owned by the Debtor. The Trust shall liquidate all of the Debtor's assets and litigate (and continue any litigation commenced by the Debtor) all causes of action, including avoidance actions, for the benefit of the Debtor's creditors. Finally, the Trust will make distributions to such creditors from (i) the proceeds of the liquidation of the Debtor's assets and (ii) the net settlement proceeds or net litigation proceeds, if any, of any causes of action, including avoidance actions. As of the Petition Date, the Debtor's scheduled assets totaled $316,738,547 consisting of the following: * Cash: $1,018,646.20; * Anticipated Collectible Accounts receivable: $7,390,587.97; and * Other Assets: $308,329,313.01. The Plan treats claims in this manner: * Class 3: Allowed Secured Property Tax Claims. IMPAIRED. The Debtor will pay the Allowed Secured Property Tax Claims from the proceeds of the liquidation of the Debtor’s assets. * Class 4: Allowed Secured Claims. IMPAIRED. The Debtor will pay the holder of an Allowed Secured Claim an amount equal to the allowed amount of the Secured Claim, which will be equal to the value, as of the Effective Date, of at least the value of such holder’s interest in the Debtor's interest in such property. * Class 5: Allowed General Unsecured Claims. IMPAIRED. Claims in Class 5 will be paid on a pro rata basis from the funds generated from the proceeds from the liquidation of the Debtor's assets and the prosecution of Causes of Action, after payment in full of all Allowed Claims in Classes 1 through 4. Allowed Claims in Class 5 will accrue interest from the Effective Date until payment in full at the annual rate of Six Percent (6%). * Class 6: Allowed Litigation Claims. IMPAIRED. Litigation Claims will be paid on a pro rata basis with allowed clams in Class 5 until paid in full, after the payment, in full, of all Allowed Claims in Classes 1, 2, 3, and 4. Allowed Claims in Class 6 will accrue interest from the Effective Date until payment in full at the annual rate of 6 percent. * Class 7: Equity Interests in Debtor. IMPAIRED. Upon such payment in full of all Allowed Claims, the Trustee will distribute the Interests to the Interest Holders in the same ownership percentages that existed on the Effective Date. The Plan contemplates the liquidation of all the Debtor's assets followed by the distribution of all resulting proceeds to the Debtor’s Creditors. The Plan confirmation hearing is scheduled for Feb. 24, 2020, at 1:30 p.m., before the Bankruptcy Court located at 903 San Jacinto Blvd, Suite 322, Courtroom #1, Austin, Texas 78701. Any creditor or other party-in-interest desiring to object to Confirmation of the Plan must and served no later than 5:00 p.m. on January 3, 2020. A full-text copy of the First Amended Disclosure Statement dated December 13, 2019, is available at https://tinyurl.com/sr93cgn from PacerMonitor.com at no charge. Counsel for the Debtor: Lynn H. Butler Buffey E. Klein Jameson J. Watts HUSCH BLACKWELL LLP 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Tel: (512) 472-5456 Fax: (512) 479-1101 E-mail: lynn.butler@huschblackwell.com buffey.klein@huschblackwell.com jameson.watts@huschblackwell.com About 360 Mortgage Group 360 Mortgage Group, LLC, a provider of mortgage services, sought Chapter 11 protection (Bankr. W.D. Tex. Case No. 19-11375) on Oct. 7, 2019. The Debtor was estimated to have assets of $1 million to $10 million and liabilities of the same range as of the bankruptcy filing. The Hon. Tony M. Davis is the case judge. Husch Blackwell LLP, led by Lynn H. Butler, Esq., is the Debtor's legal counsel. 53 STANHOPE: Taps Robinson Brog as Special Counsel -------------------------------------------------- 53 Stanhope, LLC and its affiliates received approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Robinson Brog Leinwand Greene Genovese & Gluck P.C. as special counsel. The companies need the services of the firm to amend their operating agreements to reflect each company's ownership structure or amend each company's tax returns to reflect the corresponding operating agreement. Babcock MacLean, Esq., the firm's attorney who will be primarily responsible for providing the services, will charge an hourly fee of $450. The hourly rates for the other attorneys who may assist him range from $400 to $720. Paraprofessionals charge between $250 and $275 per hour. Robinson Brog neither holds nor represents any interest adverse to the Debtors and their bankruptcy estates, according to court filings. The firm can be reached through: Babcock MacLean, Esq. 875 Third Avenue New York, NY 10022 Robinson Brog Leinwand Greene Genovese & Gluck P.C. Phone: (212) 603-6315 Fax: (212) 956-2164 Email: bml@robinsonbrog.com About 53 Stanhope LLC 53 Stanhope LLC and 17 affiliates are primarily engaged in renting and leasing real estate properties. 53 Stanhope LLC and its affiliates filed voluntary petitions seeking relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 19-23013) on May 20, 2019. The petitions were signed by David Goldwasser, authorized signatory of GC Realty Advisors. Mark A. Frankel, Esq., at Backenroth Frankel & Krinsky, LLP, represents the Debtors. Each of the Debtors is an affiliate of 73 Empire Development LLC, which sought bankruptcy protection (Bankr. S.D.N.Y. Case No. 19-22285) on Feb. 21, 2019. Its case is not jointly administered with those of the Debtors. Backenroth Frankel also serves as counsel to 73 Empire Development. ACHILLES ACQUISITION: Moody's Rates $75MM First Lien Term Loan 'B2' ------------------------------------------------------------------- Moody's Investors Service assigned a B2 rating to a $75 million senior secured first-lien delayed draw term loan of Achilles Acquisition LLC, a holding company for Digital Insurance LLC. The company is also borrowing an incremental $165 million under its senior secured first-lien term loan (rated B2). Achilles will use net proceeds from the borrowings to help fund acquisitions, pay down the outstanding revolver balance, and pay fees and expenses. The rating outlook for OneDigital is unchanged at stable. RATINGS RATIONALE According to Moody's, OneDigital's ratings reflect its expertise in employee benefits, healthy EBITDA margins, and solid organic growth. OneDigital derives most of its revenue from a growing national retail benefits business. The company serves its customers with a proprietary technology platform, a national call center, and locally based insurance professionals in markets across the country. OneDigital's strengths are offset by its modest size relative to other rated insurance brokers and service companies, high financial leverage, and the large number of small agencies acquired since its inception in 2000. During 2019, the company purchased Northwestern Benefit, its largest acquisition to date. This Atlanta-based acquisition has expanded OneDigital's business with larger employers and the company believes it will enhance organic growth. OneDigital's acquisition activities during 2019 have resulted in sizable contingent earnout liabilities, which it is funding through a combination of operating cash flow and incremental borrowings. The company also has exposure to errors and omissions in the delivery of professional services. Following the transaction, Moody's estimates that OneDigital will have a pro forma debt-to-EBITDA ratio in the range of 6.5x -7x, (EBITDA -- capex) interest coverage between 1.5 and 2x, and a free-cash-flow-to-debt ratio in the low single digits. These pro forma metrics reflect Moody's adjustments for operating leases, contingent earnout liabilities, run-rate earnings from completed acquisitions, and certain non-recurring costs and other items. The following factors could lead to an upgrade of OneDigital's ratings: (i) debt-to-EBITDA ratio declining below 5.5x, (ii) (EBITDA - capex) coverage of interest consistently exceeding 2x, (iii) free cash-flow-to-debt ratio exceeding 5%, and (iv) demonstrated ability to grow revenue and expand margins. The following factors could lead to a downgrade of OneDigital's ratings: (i) debt-to-EBITDA ratio consistently above 7x, (ii) (EBITDA-capex) coverage of interest below 1.2x, or (iii) free-cash-flow-to debt ratio below 2%. Moody's has assigned the following rating (and loss given default (LGD) assessment): $75 million senior secured first-lien delayed draw term loan maturing October 2025 at B2 (LGD3). The following OneDigital's ratings (and loss given default (LGD) assessments) remain unchanged: Corporate family rating at B3; Probability of default rating at B3-PD; $100 million secured first-lien revolving credit facility maturing October 2023, rated B2 (LGD3); $669 million (including pending $165 million incremental term loan) secured first-lien term loan maturing October 2025, rated B2 (LGD3); $50 million secured first-lien delayed draw term loan maturing October 2025, rated B2 (LGD3). The rating outlook for OneDigital is unchanged at stable. The company also has a privately placed $100 million second-lien term loan (unrated). The principal methodology used in these ratings was Insurance Brokers and Service Companies published in June 2018. Based in Atlanta, Georgia, Achilles operates as a holding company for OneDigital, which has offices throughout the US and serves 35,000 clients. Founded in 2000, OneDigital was established to address the employee benefits needs of small businesses and mid-sized companies. Achilles generated revenue of $428 million through the end of September 2019. AGAPE' ASSEMBLY: Seeks to Hire Latham Luna as Counsel ----------------------------------------------------- Agape' Assembly Baptist Church Incorporated seeks authority from the U.S. Bankruptcy Court for the Middle District of Florida to hire Latham Luna Eden & Beaudine, LLP as its legal counsel. The firm will advise the Debtor of its rights and duties under the Bankruptcy Code and will provide other legal services in connection with its Chapter 11 case. Latham Luna will be paid at these hourly rates: Attorneys $400 Paraprofessionals $105 Prior to its bankruptcy filing, the Debtor paid Latham Luna in advance the amount of $26,717. The firm will also be reimbursed for work-related expenses incurred. Justin Luna, Esq., a partner at Latham Luna, assured the court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. Latham Luna can be reached at: Justin M. Luna, Esq. Latham Luna Eden & Beaudine, LLP 111 N. Magnolia Avenue, Suite 1400 Orlando, FL 32801 Tel: (407) 481-5800 Fax: (407) 481-5801 Email: jluna@lathlamluna.com About Agape' Assembly Baptist Church Agape' Assembly Baptist Church, Incorporated is a religious organization in Orlando, Fla. Agape' Assembly Baptist Church filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-07981) on Dec. 5, 2019. In the petition signed by Richard Bishop, president and director, the Debtor estimated $1 million to $10 million in both assets and liabilities. Justin M. Luna, Esq., at Latham Luna Eden & Beaudine, LLP, is the Debtor's legal counsel. AIR INDUSTRIES: Secures New $18.9 Million Credit Facility --------------------------------------------------------- Air Industries Group has entered into a new 3-year, $19.8 million credit facility, consisting of a $16 million revolving credit line, and a $3.8 million term loan. Proceeds of the refinancing will repay the Company's existing loans with PNC Business Credit, retire all of its capital lease obligations, and be used for general working capital purposes. Borrowings under both the revolving credit line and the term loan will bear an interest rate equal to 30-day LIBOR, plus 2.5% (with a floor of 3.5%). The current interest rate will be approximately 4.25%, a reduction of nearly 50% from the PNC rate of 8.75%. Mr. Lou Melluzzo, CEO of Air Industries commented: "This refinancing with Sterling National Bank is an important step in Air Industries return to profitability. It will reduce our interest expense and dramatically reduce principal amortization. On a pro-forma basis for the nine months ended September 30, 2019, this new credit facility would have saved us over $1.5 million in cash." About Air Industries Headquartered in Bay Shore, New York, Air Industries Group is an integrated manufacturer of precision equipment assemblies and components for leading aerospace and defense prime contractors. Air Industries reported a net loss of $10.99 million in 2018 following a net loss of $22.55 million in 2017. As of Sept. 30, 2019, the Company had $50.75 million in total assets, $40.19 million in total liabilities, and $10.56 million in total stockholders' equity. Rotenberg Meril Solomon Bertiger & Guttilla, P.C., in Saddle Brook, NJ, the Company's auditor since 2008, issued a "going concern" qualification in its report dated April 1, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company has suffered a net loss in 2018 and is dependent upon future issuances of equity or other financing to fund ongoing operations, all of which raise substantial doubt about the Company's ability to continue as a going concern. APG SUBS: Affiliate Seeks Court Approval to Hire PCI Auctions ------------------------------------------------------------- Ray's Subway, Inc., an affiliate of APG Subs, Inc., seeks approval from the U.S. Bankruptcy Court for the District of Maryland to hire an auctioneer. In its application, Ray's Subway proposes to employ PCI Auctions East Coast, LLC to conduct a public auction of the equipment it used to operate its business in Middletown, Del. PCI will receive 30 percent of the sale proceeds as commission. The firm does not represent any interest adverse to the Debtor and its bankruptcy estate, according to court filings. PCI maintains an office at: PCI Auctions East Coast, LLC 141 W. End Drive Manheim, PA 17545 Phone: +1 717-450-7241 About APG Subs Inc. Based in Edgewood, Md., APG Subs, Inc. and its affiliates sought Chapter 11 protection (Bankr. M.D. Lead Case No. 19-18315) on June 19, 2019. In the petition signed by Raymond Burrows, III, president, APG Subs disclosed total assets of $28,177 and total liabilities of $1,268,112. Judge David E. Rice oversees the case. Marc R. Kivitz, Esq., at the Law Office of Marc R. Kivitz, is the Debtor's bankruptcy counsel. ARCACHON PARTNERS: Unsec. Creditors to Get 100% in One Year ----------------------------------------------------------- Arcachon Partners, LLC, submitted a Combined Chapter 11 Plan of Reorganization and Disclosure Statement that say 100% of their allowed claims in quarterly payments over one year. The Plan treats claims as follows: * Secured Claims. IMPAIRED. Total claim $1,240,528. The Debtor will make regular payments and pay arrears. The Debtor will bring in new equity by June 1, 2020, paying secured creditors from the new equity. The Debtor will not make any payments pending the infusion of new equity. * General Unsecured Claims. IMPAIRED. Total claim $92,158. Creditors will receive 100% percent of their allowed claims in one payment on or before June 1, 2020. Arcachon Partners LLC now has an investor to meet the Rompsen Equity requirement. The parties are in the final stages of producing a term sheet to Rompsen Capital for its approval. Once approved by Rompsen Capital, Arcachon Partners and the new Arcachon Equity Investor the new equity will fund the Plan of Reorganization. A full-text copy of the Combined Plan of Reorganization and Disclosure Statement dated Dec. 13, 2019, is available at https://tinyurl.com/vdkkwcm at no charge. About Arcachon Partners Arcachon Partners, LLC, based in Saint Helena, Calif., is a Single Asset Real Estate (as defined in 11 U.S.C. Section 101(51B)). Its principal assets are located at 775 Deer Park Road Saint in Helena. Arcachon Partners filed for Chapter 11 bankruptcy (Bankr. N.D. Cal. Case No. 19-10687) on Sept. 16, 2019. In the petition signed by Jonathan Roleder, Arcachon's managing member, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. The Hon. Charles Novack is the presiding judge. ARETE HEALTHCARE: Committee Taps Brinkman Portillo as Counsel ------------------------------------------------------------- The official committee of unsecured creditors of Arete Healthcare, LLC and its affiliates seeks approval from the U.S. Bankruptcy Court for the Western District of Texas to retain Brinkman Portillo Ronk, APC as its legal counsel. The committee requires Brinkman Portillo to: (a) provide legal advice as necessary with respect to the committee's powers and duties; (b) assist the committee in investigating the acts, conduct, assets, liabilities, and financial condition of the Debtor, the operation of the Debtor's business, potential claims, and any other matters relevant to the case, to the sale of assets or to the formulation of a plan of reorganization; (c) participate in the formulation of a plan; (d) provide legal advice as necessary with respect to any disclosure statement and plan filed and with respect to the process for approving or disapproving disclosure statements and confirming or denying confirmation of a plan; (e) prepare on behalf of the committee applications, complaints and other legal papers; (f) appear in court; and (g) assist the committee in requesting the appointment of a trustee or examiner should such action be necessary. Brinkman Portillo's hourly rates are: Daren R. Brinkman $685 Laura J. Portillo $595 Kevin C. Ronk $545 Kelsi J. Hunt $390 Associate Attorneys $330 Paralegals and Law Clerks $175 Daren Brinkman, Esq., a partner at Brinkman Portillo, attests that the firm is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Daren R. Brinkman, Esq. Brinkman Portillo Ronk, APC 4333 Park Terrace Drive, Suite 205 Westlake Village, CA 91361 Tel: 818-597-2992 Fax: 818-597-2998 Email: firm@brinkmanlaw.com About Arete Healthcare Arete Healthcare, LLC and its affiliates The Emergency Clinic of Floresville LLC, Schertz-Cibolo Emergency Center LLC and Southcross Hospital LLC, provide health care services. Schertz-Cibolo Emergency Center owns and operates the Schertz Cibolo Emergency Clinic -- http://www.schertzhealth.com/-- a free-standing facility that is a fully equipped ER, staffed with board-certified physicians and registered nurses. It has an on-site laboratory and a complete radiology department including CT scanner, ultrasound, and digital X-ray. The Emergency Clinic of Floresville owns and operates Emergency Care of Floresville, an emergency clinic offering a full-service, 24-hour emergency room, an on-site lab, CT, digital x-ray, and ultrasound. Southcross Hospital Llc is a general acute care hospital in San Antonio, Texas, while Arete Healthcare manages the other three debtors. Arete Healthcare and its affiliate sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Texas Lead Case No. 19-52578) on Nov. 3, 2019. At the time of the filing, Southcross Hospital had estimated assets of between $500,000 and $1 million and liabilities of between $1 million and $10 million. The other companies each disclosed assets of between $1 million and $10 million and liabilities of the same range. The cases have been assigned to Judge Craig A. Gargotta. The Debtors tapped Allen M. DeBard, Esq., at Langley & Banack, Inc., as their legal counsel. The Office of the U.S. Trustee appointed creditors to serve on the committee of unsecured creditors on Nov. 27, 2019. ASC INSULATION: Hires James Young Law as Co-Counsel --------------------------------------------------- ASC Insulation Fireproofing and Supplies Inc., seeks authority from the U.S. Bankruptcy Court for the Northern District of Illinois to employ James Young Law, LLC, as co-counsel to the Debtor. ASC Insulation requires James Young Law to: a. consult with the Debtor concerning its powers and duties as debtor in possession, the continued operation of its business and the Debtor's management of the financial and legal affairs of its estate; b. consult with the Debtor and with other professionals concerning the negotiation, formulation, preparation and prosecution of a Chapter 11 plan and disclosure statement; c. confer and negotiate with the Debtor's creditors, other parties in interest, and their respective attorneys and other professionals concerning the Debtor's financial affairs and property, Chapter 11 plans, claims, liens, and other aspects of the bankruptcy case; d. appear in court on behalf of the Debtor when required, and prepare, file and service such applications, motions, complaints, notices, orders, reports, and other documents and pleadings as may be necessary in connection with the bankruptcy case; and e. provide the Debtor with such other services as the Debtor may request and which may be necessary in the circumstances. James Young Law will be paid based upon its normal and usual hourly billing rates. James Young Law received from the Debtor a prepetition retainer in the amount of $20,000, and $1,717 filing fee. James Young Law will also be reimbursed for reasonable out-of-pocket expenses incurred. James A. Young, a partner of James Young Law, 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. James Young Law can be reached at: James A. Young, Esq. JAMES YOUNG LAW, LLC 85 Market Street Elgin, IL 60123 Tel: (847) 608-9526 About ASC Insulation Fireproofing and Supplies Inc. ASC Insulation Fireproofing and Supplies, Inc. -- http://www.ascfireproofing.com/-- is a family-owned company specializing in commercial spray-applied fireproofing coatings, industrial coatings, intumescent coatings, and thermal and acoustical coatings. ASC Insulation sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 19-31687) on Nov. 6, 2019. Judge Timothy A. Barnes is assigned to the case. In the petition signed by its president, Mike Castro, the Debtor was estimated to have assets of less than $50,000 and debt under $10 million. James Young Law, and Springer Larsen Greene, LLC, serve as the Debtor's attorneys. ASC INSULATION: Seeks to Hire Springer Larsen as Counsel -------------------------------------------------------- ASC Insulation Fireproofing and Supplies Inc., seeks authority from the U.S. Bankruptcy Court for the Northern District of Illinois to employ Springer Larsen Greene, LLC, as counsel to the Debtor. ASC Insulation requires Springer Larsen to: a. consult with the Debtor concerning its powers and duties as debtor in possession, the continued operation of its business and the Debtor's management of the financial and legal affairs of its estate; b. consult with the Debtor and with other professionals concerning the negotiation, formulation, preparation and prosecution of a Chapter 11 plan and disclosure statement; c. confer and negotiate with the Debtor's creditors, other parties in interest, and their respective attorneys and other professionals concerning the Debtor's financial affairs and property, Chapter 11 plans, claims, liens, and other aspects of the bankruptcy case; d. appear in court on behalf of the Debtor when required, and prepare, file and service such applications, motions, complaints, notices, orders, reports, and other documents and pleadings as may be necessary in connection with the bankruptcy case; and e. provide the Debtor with such other services as the Debtor may request and which may be necessary in the circumstances. Springer Larsen will be paid at these hourly rates: Richard G. Larsen $405 David R. Brown $405 Joshua D. Greene $405 Thomas E. Springer $405 Springer Larsen received from the Debtor a pre-petition retainer in the amount of $10,000. Springer Larsen will also be reimbursed for reasonable out-of-pocket expenses incurred. Richard G. Larsen, a partner at Springer Larsen Greene, 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. Springer Larsen can be reached at: Richard G. Larsen, Esq. SPRINGER LARSEN GREENE, LLC 300 South County Farm Rd., Suite G Wheaton, IL 60187 Tel: (630) 510-0000 Fax: (630) 510-0004 E-mail: rlarsen@springerbrown.com About ASC Insulation Fireproofing and Supplies Inc. ASC Insulation Fireproofing and Supplies, Inc. -- http://www.ascfireproofing.com/-- is a family-owned company specializing in commercial spray-applied fireproofing coatings, industrial coatings, intumescent coatings, and thermal and acoustical coatings. ASC Insulation sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 19-31687) on Nov. 6, 2019. Judge Timothy A. Barnes is assigned to the case. In the petition signed by its president, Mike Castro, the Debtor was estimated to have assets of less than $50,000 and debt under $10 million. James Young Law, and Springer Larsen Greene, LLC, serve as the Debtor's attorneys. ASPEN CLUB: U.S. Trustee Unable to Appoint Committee ---------------------------------------------------- The Office of the U.S. Trustee on Dec. 30 disclosed in a court filing that no official committee of unsecured creditors has been appointed in the Chapter 11 cases of The Aspen Club & Spa, LLC and Aspen Club Redevelopment Company, LLC. About The Aspen Club & Spa The Aspen Club & Spa owns and operates a private membership club that offers high intensity interval training (HI2T), cardio, and yoga classes. Aspen Club & Spa sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No. 19-14158) on May 16, 2019. At the time of the filing, Aspen Club & Spa had estimated assets of less than $50,000 and liabilities of between $100 million and $500 million. On May 17, 2019, Aspen Club Redevelopment Company, LLC, filed its voluntary petition for relief under chapter 11 of the Bankruptcy Code. Aspen Club Redevelopment is a wholly owned subsidiary of The Aspen Club & Spa. The cases are assigned to Judge Joseph G. Rosania Jr. The Debtors tapped Markus Williams Young & Hunsicker LLC as counsel. ATLANTIC CITY, NJ: Moody's Raises LT Issuer Rating to Ba3 --------------------------------------------------------- Moody's Investors Service upgraded the City of Atlantic City, NJ's Long-Term Issuer Rating to Ba3 from B2. The outlook has been revised to stable from positive. Concurrently, Moody's has affirmed the Baa1 enhanced rating on the city's New Jersey Municipal Qualified Bond Act enhanced debt. The issuer rating is equivalent to the city's hypothetical general obligation unlimited tax rating; there is no rated debt currently associated with this security. RATINGS RATIONALE The Ba3 Long-Term Issuer Rating reflects the city's continued, albeit reduced, financial and economic stress. The upgrade reflects the successful settling of long-term, open-ended liabilities and the concomitant improvement in city finances, the successful implementation of the casino PILOT program, the recent health of the casino industry, and the ongoing efforts to diversity. The rating is also informed by the continued, strong oversight by the State of New Jersey. The rating is heavily influenced by the city's exposure to environmental, social, and governance risk. The city is located on the Jersey Shore and is exposed to rising sea levels and extreme weather events. Income inequality is starkly evident in the city's juxtaposition of high unemployment and poverty and opulent casinos. Finally, the city's governance structure is of paramount importance; the city's ongoing recovery has been largely masterminded by extraordinary state oversight which is set to expire in less than two years. The Baa1 enhanced rating and reflects the enhancement provided by the New Jersey Municipal Qualified Bond Program, a state aid intercept program, and is notched once off the State of New Jersey's (A3 stable) rating. RATING OUTLOOK The stable outlook on the Issuer rating reflects our expectations that the material progress made by city and state will prove durable. The outlook also reflects uncertainty as to the state's role in the city's governance following the November 2021 completion of the initial five year oversight program established under the Municipal Stabilization and Recovery Act. The stable outlook on the New Jersey Municipal Qualified Bond Program enhanced debt matches the state's stable outlook which reflects that the current A3 rating of the state is well positioned in the near term due to solid economic performance and improved budget flexibility in fiscal 2019. In the longer term, the state's credit profile could weaken as already large long-term liabilities grow and the state's budget is challenged by growing pension contributions in a low revenue growth environment. FACTORS THAT COULD LEAD TO AN UPGRADE - Improved liquidity and reserve position - Further reductions in expenditures - Diversification of the economic base - Material improvement in tax base and resident wealth and income - Improvement in the State of New Jersey's GO rating (enhanced rating only) FACTORS THAT COULD LEAD TO A DOWNGRADE - Contraction in the casino industry - Failure to adopt adequate budget solutions - Material deterioration in reserves and liquidity - Withdrawal of state oversight and inability to independently manage operations - Downgrade in the State of New Jersey's GO rating (enhanced rating only) LEGAL SECURITY The long-term issuer rating is equivalent to the city's theoretical general obligation unlimited ad valorem tax pledge. Certain issuances are also secured by the MQBA program. As of the latest issuance, Atlantic City's debt has a unique security feature related to the monies derived from the Investment Alternative Tax (IAT). This money is being specifically pledged to the city's debt as an addition to the current GO and, for certain issuances, MQBA pledges. This money will be accumulated and, if sufficient, will be used to pay debt service in place of state aid or other revenue sources. Funds will be used in the following order: current year MQBA debt service, current year non-MQBA debt service, subsequent year MQBA debt service, subsequent year non-MQBA debt service, and, finally, to build a reserve for paying down debt ahead of schedule. This extra security in no fashion interferes with the fundamental MQBA structure which remains in place. The primary advantage of this structure is the freeing up of state aid. Although the money might seem fungible, thus rendering this structure somewhat superfluous, the IAT money is actually restricted. This structure allows the restricted funds to be swapped for the unrestricted funds, increasing the city's flexibility. PROFILE Atlantic City is a tourism and gaming center located along the south New Jersey shore. It has a population of approximately 39,000. AUTHENTIC AIR: Charles F. Muller Okayed as Accountant ----------------------------------------------------- At the behest of Authentic Air, LLC, the U.S. Bankruptcy Court for the Eastern District of Louisiana issued an interim order approving the Debtor's employment of Charles F. Muller, Certified Public Accountant, A Professional Corporation, as the Debtor's accountant. The services that the accountant will render for the Debtor are: a) Record revenue, accounts payable, payment of accounts receivable, and other daily functions necessary to fairly reflect the results of operations; b) Prepare monthly and quarterly financial reports as required: c) Assist in preparing for and testifying at the Plan Confirmation hearing; and d) Provide such other accounting and financial advisory services as may be requested by the Debtor and other professionals employed by the Debtor. The Accounting Firm has agreed to perform any additional work at the following hourly rate of $140 per hour. To the best of the Debtor's belief, neither the Accounting Firm nor Charles F. Muller, CPA, nor any other professional employed by the firm hold any interest adverse to the Debtor or the estate and are disinterested persons as the term is defined in Section 101(14) of the Bankruptcy Code. The firm may be reached at: Charles F. Muller, CPA 3912 North Labarre Road Metairie, LA 70002 About Authentic Air Authentic Air, LLC -- http://www.authenticairllc.com/-- is an air conditioning and heating contractor serving the residential and commercial clients. The Debtor filed for Chapter 11 bankruptcy protection (Bankr. E.D. La. Case No. 19-13273) on December 6, 2019. In its petition, the Debtor listed $641,751 in assets and $1,801,274 in liabilities. The petition was signed by Anthony Ragusa, managing member. The Debtor is represented by Eric J. Derbes, Esq., at The Derbes Law Firm, LLC. AUTHENTIC AIR: Derbes Law Firm Approved as Bankruptcy Counsel ------------------------------------------------------------- At the behest of Authentic Air, LLC, the U.S. Bankruptcy Court for the Eastern District of Louisiana approved the Debtor's employment of Eric Derbes and the Derbes Law Firm, L.L.C. as its Chapter 11 counsel nunc pro tunc to December 6, 2019. The Debtor needs Derbes Law to: (a) Provide legal advice with respect to its powers and duties as debtor-in-possession in the continued management of its business and property; (b) Attend meetings with representatives of its creditors and other parties in interest; (c) Take all necessary action to protect and preserve the Debtor's estate, including the prosecution of actions on the Debtor's behalf, the defense of any action commenced against the Debtor, negotiations concerning litigation in which the Debtor is or may become involved, and objections to claims to be filed by the estate; (d) Prepare on behalf of the Debtor motions, applications, answers, orders, reports, and papers necessary to the administration of the estate; (e) Negotiate and prepare on the Debtor's behalf a plan of reorganization, disclosure statement, and all related agreements and/or documents, and take any necessary action on behalf of the Debtor to obtain confirmation of such plan; (f) Appear before the Bankruptcy Court to protect the interests of the Debtor before the Court; (g) Perform all other necessary legal services and provide all necessary legal advice to the Debtor in connection with this Chapter 11 case; (h) Advise the Debtor concerning executory contract and unexpired lease assumptions, assignments and rejections and lease restructuring and recharacterizations; and (i) Commence and conduct litigation necessary and appropriate to assert rights held by the Debtor, protect assets of the Debtor's Chapter 11 estate or otherwise further the goal of completing the Debtor's successful reorganization. Derbes Law required an initial advance deposit of $25,000.00, plus Chapter 11 filing fee of $1,717.00, which Authentic Air has paid in full. The Derbes Law Firm will be compensated on an hourly basis, as follows: Albert J. Derbes, IV, Esq. at $350.00/hour Eric J. Derbes, Esq. at $350.00/hour Wilbur J. "Bill" Babin, Jr., Esq. at $375.00/hour Beau P. Sagona, Esq.$350.00/hour Melanie M. Mulcahy, Esq. at $300.00/hour Frederick L. Bunol, Esq. at $285.00/hour David M. Serio, Esq. at $225.00/hour Jared S. Scheinuk, Esq. at $200.00/hour Bryan J. O'Neill, Esq. at $185.00/hour Hugh J. Posner, C.P.A. at $200.00/hour Notary at $80.00/hour Paralegal(s) at $80.00/hour Legal Assistant at $60.00/hour The Debtor or its guarantors will pay to Derbes Law post-petition amounts of $5,000 per month which will be placed in the firm's trust account. Derbes Law attests that it is a disinterested person as that term is defined in section 101(14) of the Bankruptcy Code. The firm may be reached at: Eric J. Derbes, Esq. Frederick L. Bunol, Esq. David M. Serio, Esq. THE DERBES LAW FIRM, LLC 3027 Ridgelake Drive Metairie, LA 70002 Tel: (504) 837-1230 Fax: (504) 832-0322 About Authentic Air Authentic Air, LLC -- http://www.authenticairllc.com/-- is an air conditioning and heating contractor serving the residential and commercial clients. The Debtor filed for Chapter 11 bankruptcy protection (Bankr. E.D. La. Case No. 19-13273) on December 6, 2019. In its petition, the Debtor listed $641,751 in assets and $1,801,274 in liabilities. The petition was signed by Anthony Ragusa, managing member. The Debtor is represented by Eric J. Derbes, Esq., at The Derbes Law Firm, LLC. AUTOMATION PRECISION: Hires Roussos & Barnhart as Counsel --------------------------------------------------------- Automation Precision Technology, LLC, requests authorization from the U.S. Bankruptcy Court for the Eastern District of Virginia to employ Roussos & Barnhart, P.L.C. as its counsel. The Debtor requires the services of legal counsel for these purposes: a. To prepare the petition, lists, schedules and statements required by 11 U.S.C. Sec. 521; the pleadings, motions, notices and orders required for the orderly administration of the estate; and to ensure the progress of its case; and to consult with and advise the Debtor in the reorganization of its financial affairs and/or the liquidation of its assets. b. To prepare for, prosecute, defend, and represent the Debtor's interests in all contested matters, adversary proceedings, and other motions and applications arising under, arising in, or related to its case. c. To advise and consult concerning administration of the estate in this case; the rights and remedies with regard to the Debtor's assets; and the claims of administrative, secured, priority, and unsecured creditors and other parties in interest. d. To investigate the existence of other assets of the estate; and, if any exist, to take appropriate action to have the same turned over to the estate. e. To prepare a Disclosure Statement and Plan for the Debtor, and negotiate with all creditors and parties in interest who may be affected thereby; to obtain confirmation of a Plan, and perform all acts reasonably calculated to permit the Debtor to perform such acts and consummate a Plan. Roussos & Barnhart has received a total of $20,000.00, as a retainer. From this retainer, these payments were disbursed: $4,974.70 for the firm's fees and costs; $1,717.00 for court costs associated with the filing of the Debtor's chapter 11 case, leaving a balance on retainer of $13,308.30. The current hourly rates for Robert Roussos is $400 per hour, Kelly Barnhart is $375.00 per hour, and paralegals at $90.00 per hour. Other costs associated with their representation shall also be billed to the Debtor. Neither the law firm of Roussos & Barnhart, P.L.C., nor its members, holds or represents any interest adverse to the Debtor or its estate. The law firm attests it is a disinterested person, as defined in 11 U.S.C. section 101(14). The firm may be reached at: Robert V. Roussos, Esq. Kelly M. Barnhart, Esq. Roussos & Barnhart, P.L.C. 500 E. Plume Street, Ste. 503 Norfolk, VA 23510 Tel: (757) 622-9005 Fax: (757) 624-9257 Email: roussos@rgblawfirm.com barnhart@rgblawfirm.com About Automation Precision Technology Automation Precision Technology -- https://www.apt-llc.com/ -- is a logistics service provider serving U.S., international & commercial markets. The Company offers IT & information assurance services, logistics integration, professional & technical services, and training services. The Debtor filed for Chapter 11 bankruptcy protection (Bankr. E.D. Va. Case No. 19-74509) on December 7, 2019. In its petition, the Debtor estimated $262,172 in assets and $8,750,000 in liabilities. The petition was signed by Anthony Reid, managing member. The Debtor is represented by Robert V. Roussos, Esq. and Kelly M. Barnhart, Esq., at Roussos & Barnhart, P.L.C. AVIANCA HOLDINGS: Settles Mandatory Exchange 8.375% Secured Notes ----------------------------------------------------------------- Avianca Holdings S.A. has settled the automatic mandatory exchange of all US$484,419,000 aggregate principal amount of its issued and outstanding 8.375% Senior Secured Notes due 2020 for an equivalent principal amount of 9.00% Senior Secured Notes due 2023. The Company understands that the New Notes will become eligible for TRACE for purposes of trade reporting. For further information, please contact: Avianca Investor Relations Tel: + 571-5877700 ext. 2474, 1349 Email: ir@avianca.com About Avianca Holdings S.A. Avianca Holdings SA -- http://www.avianca.com-- is a Panama-based company engaged, through its subsidiaries, in the provision of air transportation services for passengers and commercial purposes. With a fleet of 175 aircraft, Avianca serves 76 destinations in 27 countries within the Americas and Europe. KPMG S.A.S., in Bogota, Colombia, the Company's auditor since 2018, issued a "going concern" qualification in its report dated April 26, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the controlling shareholder of the Company obtained a loan and pledged its shares in Avianca Holdings S.A. as security for this loan agreement (the loan agreement), which requires compliance with certain covenants by the controlling shareholder, including compliance with the Company financial ratios. Breach of these covenants provides the lender the right to enforce the security, leading to a change of control over the Company. A change of control over the Company would breach covenants included in some loan and financing, aircraft rental, and other agreements of the Company, which in turn could trigger early termination or cancelation of these contracts. On April 10, 2019, the Company was informed by the controlling shareholder and its lender, that there was a non-compliance with covenants established in the controlling shareholder's loan agreement, and no waiver was in place; thus, there is a potential risk of change of control. The auditors said this circumstance raises a substantial doubt about the Company's ability to continue as a going concern. As of Dec. 31, 2018, Avianca Holdings had US$7.11 billion in total assets, US$6.12 billion in total liabilities, and US$992.46 million in total equity. * * * As reported by the TCR on Dec. 26, 2019, S&P Global Ratings raised its issuer credit rating to 'B-' from 'SD'. The upgrade reflects S&P's reassessment of Avianca's credit quality after the company announced the completion of its debt-restructuring plan. As reported by the TCR on Dec. 19, 2019, Fitch Ratings upgraded Avianca Holdings' Long-Term Foreign and Local Currency Issuer Default Ratings to 'CCC+' from 'RD'. The upgrades follow Avianca's announcement that it has completed its debt restructuring, including receipt of a US$250 million convertible secured stakeholder facility loan from United Airlines, Inc. (BB/Stable) and Kingsland Holdings Limited. BETTEROADS ASPHALT: Seeks to Hire Lugo Mender as Legal Counsel -------------------------------------------------------------- Betteroads Asphalt LLC seeks approval from the U.S. Bankruptcy Court for the District of Puerto Rico to hire Lugo Mender Group, LLC as its legal counsel. The firm will provide these services in connection with the Debtor's Chapter 11 case: a. advise the Debtor of its duties, powers and responsibilities; b. advise the Debtor in connection with its reorganization efforts, including the formulation of a plan of reorganization; c. negotiate with creditors to arrange a feasible plan of reorganization; d. prepare legal papers; and e. appear before the court in which the Debtor asserts a claim or defense related to the bankruptcy case. Lugo's hourly rates are: Wigberto Lugo Mender $300 Senior Associates $250 Junior Associates $175 Legal Assistants $125 The Debtor paid the firm a retainer in the sum of $37,500. Wigberto Lugo Mender, Esq., at Lugo Mender, disclosed in a court filing that he and other members of his firm are "disinterested" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Wigberto Lugo Mender, Esq. Lugo Mender Group, LLC 100 Carr. 165, Suite 501 Guaynabo, PR 00968-8052 Tel: (787) 707-0404 Fax: (787) 707-0412 Email: wlugo@lugomender.com About Betteroads Asphalt and Betterecycling Corp Betteroads Asphalt LLC produces warm mix asphalt, which is used in airports, highways, neighborhoods and environment projects. Betterecycling Corporation produces gasoline, kerosene, distillate fuel oils, residual fuel oils and lubricants. Both companies are based in San Juan, P.R. On June 9, 2017, creditors commenced involuntary bankruptcy petitions under Chapter 11 of the Bankruptcy Code against Betteroads Asphalt LLC (Bankr. D.P.R. Case No. 17-04156) and Betterecycling Corporation (Bankr. D.P.R. Case No. 17-04157). On Oct. 11, 2019, the court entered the "order for relief" after finding that the involuntary petitions were not filed for an improper bankruptcy purpose or with bad faith. BIOSTAGE INC: Provides Update on FDA IND Application for Cellspan ----------------------------------------------------------------- Biostage, Inc. received the anticipated formal response from the U.S. Food and Drug Administration (FDA) related to the Company's Investigational New Drug (IND) application for the Cellspan Esophageal Implant (CEI). This anticipated letter, received December 26th, details specific questions and clarifications that will enable Biostage to complete and submit its formal reply. Biostage received a preliminary communication from the FDA on November 27th, allowing the Company to begin preparing its responses. "Our R&D team is expeditiously finalizing our responses," said Jim McGorry, CEO of Biostage. "Prior to receiving approval to begin testing human subjects for a first-in-human trial, multiple rounds of communication with the FDA are anticipated and routine. Entering the clinic is our greatest priority and we will provide an update as soon we receive approval from the FDA." The FDA noted in its letter that it will inform Biostage of its decision within 30 days of the Company's submission of its formal response. About Biostage Headquartered in Holliston, Massachusetts, Biostage, Inc., formerly Harvard Apparatus Regenerative Technology, Inc. -- http://www.biostage.com-- is a biotechnology company developing bioengineered organ implants based on its novel Cellframe technology. The Company's Cellframe technology is comprised of a biocompatible scaffold that is seeded with the patient's own stem cells. The Company is pursuing its Cellspan TM Esophageal Implant (CEI) technology as its first two product candidates, to address pediatric esophageal atresia and to address esophageal disease, and it is also developing its technology's applications to address conditions of the bronchus and trachea. Biostage reported a net loss of $7.53 million for the year ended Dec. 31, 2018, compared to a net loss of $11.92 million for the year ended Dec. 31, 2017. As of Sept. 30, 2019, the Company had $2.06 million in total assets, $941,000 in total liabilities, and $1.12 million in total stockholders' equity. In its report dated March 29, 2019, RSM US LLP, in Boston, Massachusetts, the Company's auditor since 2018, issued an opinion on the Company's consolidated financial statements for the year ended Dec. 31, 2018, expressing substantial doubt about the Company's ability to continue as a going concern. The auditor stated that the Company has suffered recurring losses from operations, has an accumulated deficit, uses cash flows in operations, and will require additional financing to continue to fund operations. BLUE DOG: Creditors' Recovery to Depend on Liquidation ------------------------------------------------------ Blue Dog at 399 Inc. filed an amended disclosure statement explaining its plan of liquidation. Pursuant to the Plan and the liquidating trust agreement contemplated thereunder, a Liquidating Trust will be established on the Effective Date for the sole purpose of liquidating and distributing any and all of the Debtor's and its Estate's right, title and interest in all property, as provided in Section 541 of the Bankruptcy Code, including, without limitation, cash, rights of set-off and recoupment, any and all proceeds, rents, products, offspring, profits arising from or generated by such property before or after the Effective Date, any causes of action, including estate actions, and any other remaining property of the Debtor and its Estate (collectively, the "Trust Assets"). The deadline by which ballots accepting or rejecting the Plan must be received Jan. 13, 2020 at 5:00 p.m. Eastern Time. The date by which objections, if any, to confirmation of the Plan must be filed and served is Jan. 14, 2020 at 5:00 p.m. Eastern Time. The combined hearing on the adequacy of Disclosure Statement and confirmation of the Plan on Jan. 21, 2020 at 10:00 a.m. Eastern Time. The Plan treats claims as follows: * Class 2: Allowed Miscellaneous Secured Claims. IMPAIRED. Estimated Amount of Claims: $2,248,560. Each Holder of an Allowed Miscellaneous Secured Claim shall receive in full, final and complete settlement and release of such Claim, in the sole discretion of the Debtor (i) the collateral securing such Allowed Miscellaneous Secured Claim, or (ii) the proceeds of the sale or disposition of the collateral securing such Allowed Miscellaneous Secured Claim to the extent of the value of the Holder's secured interest in such collateral. * Class 3: Allowed Unsecured Claims. IMPAIRED. Estimated Amount of Unsecured Claims: $2,453,610. To the extent that there is Available Cash after payment in full of all Allowed Priority Non-Tax Claims, Allowed Miscellaneous Secured Claims and all amounts due and owing under the Exit Facility, each Holder of an Allowed Unsecured Claim will receive, in full, final and complete settlement and release of such Claim its pro rata share of available cash from the Liquidating Trust or such other less favorable treatment as to which such Holder and the Debtor, prior to the Effective Date, and thereafter the Liquidating Trustee agree. * Class 4: Interests. IMPAIRED. Each holder of an interest shall receive in full, final and complete settlement, release and extinguishment of such Interest, its pro rata share of all remaining Available Cash from the Liquidating Trust. "There can be no assurance that Claims and Interests in Classes 2, 3 and 4 will any receive distributions on account of their Allowed Claims or Interests. There is a risk that no additional funds will be realized on account of the liquidation of the Trust Assets. In particular, the only asset from which the Debtor anticipates there could be any recovery is the Seyfarth Action. The Seyfarth Action is in its preliminary stages and the prospects of recovery and in what amount, either through settlement or judgment, are uncertain and speculative at this time," according to the Disclosure Statement. A full-text copy of the Amended Disclosure Statement dated Dec. 13, 2019, is available at https://tinyurl.com/vlawurv from PacerMonitor.com at no charge. Attorneys for the Debtor: Melanie L. Cyganowski OTTERBOURG P.C. 230 Park Avenue New York, New York 10169 Tel: 212-661-9100 About Blue Dog at 399 Blue Dog at 399 Inc. filed a Chapter 11 petition (Bankr. S.D.N.Y. Case No. 15-10694) on March 24, 2015. In the petition signed by Elizabeth Slavutsky, sole director and shareholder, the Debtor was estimated to have $1 million to $10 million in assets and liabilities. The Hon. Michael E. Wiles oversees the case. Blue Dog at 399 in June 2018 tapped Otterbourg P.C. as its new legal counsel. Otterbourg replaced Wollmuth Maher & Deutsch LLP, the firm that has represented the Debtor in its Chapter 11 case since 2015. Landlord BP 399 Park Avenue LLC is represented by Menachem J. Kastner, Esq., and Frederick E. Schmidt, Jr., Esq., at Cozen O'Connor, PC. BODY TRANSIT: Voluntary Chapter 11 Case Summary ----------------------------------------------- Debtor: Body Transit, Inc. d/b/a Rascals Fitness 7 Eagleview Lane Schwenksville, PA 19473 Business Description: Body Transit, Inc. d/b/a Rascals Fitness is a locally-owned and operated fitness center offering gym memberships. Rascals Fitness offers sports-specific training for youth and specializes in goal-oriented fitness, such as weight loss and toning. Marc Polignano founded the company in 2007. Chapter 11 Petition Date: January 2, 2020 Court: United States Bankruptcy Court Eastern District of Pennsylvania Case No.: 20-10014 Judge: Hon. Eric L. Frank Debtor's Counsel: Maggie Soboleski, Esq. CENTER CITY LAW OFFICES, LLC 2705 Bainbridge St. Philadelphia, PA 19146 Tel: 215-620-2132 E-mail: msoboles@yahoo.com Estimated Assets: $50,000 to $100,000 Estimated Liabilities: $10 million to $50 million The petition was signed by Marc Polignano, president. A copy of the petition is available for free at PacerMonitor.com at: https://is.gd/JHYyPz BRAZORIA HYDROCARBON: To Seek Plan Approval Feb. 12 --------------------------------------------------- Judge Jeffrey P. Norman has ordered that the disclosure statement filed by Brazoria Hydrocarbon, LLC, is conditionally approved. Feb. 12, 2020, at 11:00 a.m. in Courtroom 403, 515 Rusk St., Houston, Texas, is fixed for the final hearing on the disclosure statement (if a written objection has been timely filed) and for the hearing on confirmation of the plan. Feb. 5, 2020 is fixed as the last day for filing and serving written objections to the disclosure statement and confirmation of the plan. Feb. 5, 2020 is fixed as the last day for filing written acceptances or rejections of the plan. About Brazoria Hydrocarbon Brazoria Hydrocarbon, LLC is a private company in Hempstead, Texas, in the hydrocarbon gases business. Brazoria Hydrocarbon sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Texas Case No. 19-32170) on April 17, 2019. At the time of the filing, the Debtor had estimated assets of between $1 million and $10 million and liabilities of between $1 million and $10 million. The case has been assigned to Judge Jeffrey P Norman. The Debtor is represented by The Law Office of Margaret M. McClure. No official committee of unsecured creditors has been appointed in the Debtor's case. BROTHERS TRUCKLINES: Seeks Approval to Hire Bankruptcy Attorney --------------------------------------------------------------- Brothers Trucklines Corp. seeks approval from the U.S. Bankruptcy Court for the Eastern District of California to hire a bankruptcy attorney to handle its Chapter 11 case. In an application filed in court, the Debtor proposes to employ David Johnston, Esq., to give legal advice regarding its powers and duties under the Bankruptcy Code; assist in the sale of its assets; and prepare a plan of reorganization. The attorney will charge the Debtor an hourly fee of $360. He received payments in the total amount of $9,983 for attorney's fees within one year prior to the Debtor's bankruptcy filing, and $1,717 for the filing fee. Mr. Johnston is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. Mr. Johnston maintains an office at: David C. Johnston, Esq. 1600 G Street, Suite 102 Modesto, CA 95354 Telephone: (209) 579-1150 Fax: (209) 579-9420 About Brothers Trucklines Brothers Trucklines Corp. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Calif. Case No. 19-27150) on Nov. 18, 2019. At the time of the filing, the Debtor disclosed assets of between $1,000,001 and $10 million and liabilities of the same range. Judge Christopher M. Klein oversees the case. The Debtor is represented by David Johnston, Esq. CANCER GENETICS: Hal Mintz Reports 1.18% Stake as of Dec. 31 ------------------------------------------------------------ In a Schedule 13G/A filed with the Securities and Exchange Commission, Sabby Healthcare Master Fund, Ltd. and Sabby Volatility Master Fund, Ltd. disclosed that sa of Dec. 31, 2019, they beneficially own 15,833 and 8,943 shares of Cancer Genetics, Inc.'s common stock, respectively, representing approximately 0.75% and 0.43% of the Common Stock outstanding, respectively. Sabby Management, LLC and Hal Mintz each beneficially own 24,776 shares of the Common Stock, representing approximately 1.18% of the Common Stock. Sabby Management, LLC and Hal Mintz do not directly own any shares of Common Stock, but each indirectly owns 24,776 shares of Common Stock. Sabby Management, LLC, a Delaware limited liability company, indirectly owns 24,776 shares of Common Stock because it serves as the investment manager of Sabby Healthcare Master Fund, Ltd. and Sabby Volatility Warrant Master Fund, Ltd., Cayman Islands companies. Mr. Mintz indirectly owns 24,776 shares of Common Stock in his capacity as manager of Sabby Management, LLC. A full-text copy of the regulatory filing is available for free at the SEC's website at: https://is.gd/ATOyp6 About Cancer Genetics Headquartered in Rutherford, New Jersey, Cancer Genetics, Inc. -- http://www.cancergenetics.com/-- develops, commercializes and provides molecular- and biomarker-based tests and services, including proprietary preclinical oncology and immuno-oncology services, that enable biotech and pharmaceutical companies engaged in oncology and immuno-oncology trials to better select candidate populations and reduce adverse drug reactions by providing information regarding genomic and molecular factors influencing subject responses to therapeutics. CGI operates across a global footprint with locations in the United States, Australia, and China. Cancer Genetics reported a net loss of $20.37 million in 2018 following a net loss of $20.88 million in 2017. At Sept. 30, 2019, the Company had total assets of $20.83 million, total liabilities of $13.37 million, and $7.46 million in total stockholders' equity. RSM US LLP, in New York, the Company's auditor since 2010, issued a "going concern" opinion in its report on the Company's consolidated statements for the year ended Dec. 31, 2018, citing that the Company has suffered recurring losses, and has an accumulated deficit and negative cash flows from operations. The Company is also in violation of certain debt covenants. These conditions raise substantial doubt about the Company's ability to continue as a going concern. CELADON GROUP: Committee Opposes DIP Financing, Seeks Modifications ------------------------------------------------------------------- The Official Committee of Unsecured Creditors, in an objection filed with the Bankruptcy Court, expressed concern over the proposed DIP financing of Celadon Group, Inc., and debtor affiliates. The Committee is worried that the Debtors' secured lenders will have extracted every possible concession from the estates before the Debtors have obtained access to a long term budget and plan to maximize the value of the remainder of their assets if the DIP facility is approved in its current form. The Committee pointed out that majority of funds advanced under the proposed DIP facility were spent during the first week of the case to fund accrued payroll, with a small remainder reserved to cover certain, but not all, administrative expenses to be incurred through February 1, 2020. "By that point, the DIP Milestones and mandatory repayment provisions in the DIP Credit Agreement require the DIP obligations to be repaid with proceeds from the sale of the Taylor business, the budget will have expired, and the Debtors will have no committed agreement for liquidity to fund these cases going forward," complained Aaron H. Stulman, Esq., counsel to the Committee at Potter Anderson & Corroon LLP. Mr. Stulman also complained that the proposed DIP facility provides the Debtors' secured lenders with a litany of benefits and protections, including the payment of $725,000 in cash fees to the DIP Lenders, payment to the DIP lenders of above-market interest of 17.5%, and repayment of the DIP loans with any or all sale proceeds, potentially prior to funding the carve-out, among others. The Committee also pointed out that "a court should only approve proposed debtor-in-possession financing if such financing is fair, reasonable, and adequate", citing In re Ames Dep't Stores, 115 B.R. 34, 39 (Bankr. S.D.N.Y. 1990) (citing In re Crouse Grp., Inc., 71 B.R. 544, 549 (Bankr. E.D. Pa. 1987), modified on other grounds, 75 B.R. 553 (E.D. Pa. 1987). According to Mr. Stulman, the Debtors have failed to demonstrate that the terms of the proposed DIP facility are fair, reasonable, and adequate in accordance with applicable law. Moreover, the Committee asked the Court to make certain technical modifications and clarifications to the final order, seeking, among other things, that: * the final order should require the carve-out to be funded immediately upon the Debtors' receipt of sale proceeds and before any repayment of the DIP obligations. Without this modification, Mr. Stulman said that the carve-out is potentially illusory. * all parties-in-interest should have the opportunity to object to any material amendment to the budget. * the final order should clarify that the pre-petition secured parties retain the burden of proving any claims for diminution of value, via a motion on notice, and that all parties rights to object to such a motion on all grounds are preserved. * the final order should require the Debtors to provide the Committee with the same reporting as the DIP Lenders. A copy of the Committee's objections is available for free at https://is.gd/t80LjH from PacerMonitor.com at no charge. The Committee, accordingly, asked the Court to deny the motion absent the requested modifications. About Celadon Group Celadon Group, Inc. -- https://celadontrucking.com/ -- is a North American truckload freight transportation company, primarily providing point-to-point shipping, warehousing, supply chain logistics, tractor leasing and other transportation and logistics services for major customers throughout North America. Celadon Group and 25 affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-12606) on Dec. 8, 2019. As of Dec. 2, 2019, the Debtors disclosed $427 million in assets and $391 million in liabilities. Judge Karen B. Owens oversees the cases. The Debtors tapped DLA Piper LLP (US) as bankruptcy counsel; Scudder Law Firm, P.C., L.L.O. as special counsel; Alixpartners, LLP as financial advisor; and Kurtzman Carson Consultants, LLC as notice, claims and balloting agent and administrative advisor. CELADON GROUP: Ex-Employees Bar DIP Motion, Seek to Secure Claim ---------------------------------------------------------------- LaToria Johnson and Larry D. Jones, on behalf of themselves and other similarly situated former employees of Celadon Group, Inc., and debtor affiliates, filed an objection to the Debtor's motion to obtain post-petition financing, seeking that the DIP motion be modified to reserve for the former employees' administrative claim. The Debtors' former employees hold approximately $25 million in administrative claims under Section 503(b)(1)(A) for damages arising from termination of employment "because the Debtors terminated their employment post-petition and never provided [the employees] with any notice required under the WARN Act". The Worker Adjustment and Retraining Notification (WARN) Act plaintiffs have commenced an adversary proceeding against the Debtors to recover 60 days' worth of salaries and wages, health insurance and other fringe benefits, as well as medical expenses and damages for the alleged violation. The WARN Act plaintiffs expressed concern over the Debtors' proposal to sell off their remaining assets and shut down their operations by January 24, 2020. " . . . with no funding for a plan of liquidation, their strategy is clear - run out the clock on the WARN Act Plaintiffs and thrust the case into administrative insolvency with no hope of satisfying their employees administrative claims, asserts Richard M. Beck, counsel to the WARN Act plaintiffs at Klehr Harrison Harvey Branzburg LLP. The WARN Act Plaintiffs, accordingly, asked the Court to deny the Debtors' DIP financing request unless the DIP motion is modified to reserve for the WARN Act plaintiffs' administrative claim. A copy of the WARN Act plaintiffs' objection can be accessed at https://is.gd/ME6IPa from PacerMonitor.com free of charge. About Celadon Group Celadon Group, Inc. -- https://celadontrucking.com/ -- is a North American truckload freight transportation company, primarily providing point-to-point shipping, warehousing, supply chain logistics, tractor leasing and other transportation and logistics services for major customers throughout North America. Celadon Group and 25 affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-12606) on Dec. 8, 2019. As of Dec. 2, 2019, the Debtors disclosed $427 million in assets and $391 million in liabilities. Judge Karen B. Owens oversees the cases. The Debtors tapped DLA Piper LLP (US) as bankruptcy counsel; Scudder Law Firm, P.C., L.L.O. as special counsel; Alixpartners, LLP as financial advisor; and Kurtzman Carson Consultants, LLC as notice, claims and balloting agent and administrative advisor. CELADON GROUP: FMSCA, Texas Counties, Seek to Prohibit DIP Motion ----------------------------------------------------------------- The United States government, on behalf of Federal Motor Carrier Safety Administration (FMCSA), filed an objection to the motion to obtain post-petition financing filed by Celadon Group, Inc., and debtor affiliates. The FMCSA, an operating administration of the United States Department of Transportation, requires interstate motor carriers, such as Celadon Group, Inc.'s subsidiary, Celadon Trucking Services, Inc., (CTSI), to obtain and maintain with the agency operating authority registration . . . . by "fil[ing] with the secretary a bond, insurance policy, or other type of security approved by the Secretary" for the benefit of bodily injury and property damage claimants of CTSI. Upon information and belief, CTSI maintains a trust fund with Regions Bank. CTSI also maintains a letter of credit from JPMorgan Chase and a surety bond from Westchester Fire Insurance Company, a Chubb company, within the trust fund. Joseph, H. Hunt, assistant attorney general, asserts that the letter of credit and the surety bond are not property of the Debtors' estates under Section 541 of the Bankruptcy Code, citing In re Kaiser Group Int'l Inc., 399 F.3d 558, 566 (3rd Cir. 2005), which held that letter of credit and the proceeds therefrom are not property of the debtor's estate. Accordingly, the Debtors do not own, and therefore could not agree to pledge a lien on, the Letter of Credit or the Surety Bond to the DIP Lenders, Mr. Hunt says. The agency objects to the DIP motion to the extent that the DIP lenders seek a lien on and security interests attaching to the letter of credit or the surety bond. A copy of FMCSA's objection is available at https://is.gd/pN270g from PacerMonitor.com at no charge. In a separate filing, the taxing authorities of Harris County and Ellis County in Texas complained that the proponents of the financing motion have failed to demonstrate that the liens of the tax authorities are adequately protected as required by Section 364(d)(1)(b) of the Bankruptcy Code. The Texas tax authorities have filed secured claims totaling approximately $42,000 for ad valorem taxes owed on the Debtors' personal property for the 2019 tax year. The local Texas tax authorities also object to the relief requested to the extent it attempts to subordinate payment of its secured administrative expense claims for 2020 ad valorem taxes to the payment of any other administrative expense, and particularly the payment of any unsecured administrative expenses, contrary to the provision of Sections 503(b)(1)(B) and (D) of the Bankruptcy Code which provide that post-petition ad valorem taxes shall be an allowed administrative expense. Accordingly, the Texas tax authorities asked the Court to order appropriate provisions to assure the protection of the position of their secured tax claims. A copy of the Texas tax authorities' objection is available free of charge at https://is.gd/1SE14C from PacerMonitor.com. About Celadon Group Celadon Group, Inc. -- https://celadontrucking.com/ -- is a North American truckload freight transportation company, primarily providing point-to-point shipping, warehousing, supply chain logistics, tractor leasing and other transportation and logistics services for major customers throughout North America. Celadon Group and 25 affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-12606) on Dec. 8, 2019. As of Dec. 2, 2019, the Debtors disclosed $427 million in assets and $391 million in liabilities. Judge Karen B. Owens oversees the cases. The Debtors tapped DLA Piper LLP (US) as bankruptcy counsel; Scudder Law Firm, P.C., L.L.O. as special counsel; Alixpartners, LLP as financial advisor; and Kurtzman Carson Consultants, LLC as notice, claims and balloting agent and administrative advisor. CELADON GROUP: Obtains Interim DIP Loan from Blue Torch Finance --------------------------------------------------------------- Celadon Group, Inc., and its affiliated debtors sought authority from the Bankruptcy Court to obtain on an interim basis up to $8.25 million of senior secured post-petition financing on a super priority basis from a syndicate of lenders and Blue Torch Finance, LLC, as DIP agent to provide working capital and to pay for the costs of the administration of their bankruptcy cases. The material terms of the DIP loan documents are: * Borrower: Celadon Group, Inc. * Guarantors: A R Management Services, Inc.; Bee Line, Inc.; Celadon Canadian Holdings, Limited; Celadon E-Commerce, Inc.; Celadon International Corporation; Celadon Logistics Services, Inc.; Celadon Mexicana, S.A. de C.V.; Celadon Realty, LLC; Celadon Trucking Services, Inc.; Distribution, Inc.; Eagle Logistics Services Inc.; Hyndman Transport Limited; Jaguar Logistics, S.A. de C.V.; Leasing Servicios, S.A. de C.V.; Osborn Transportation, Inc.; Quality Companies LLC; Quality Equipment Leasing, LLC; Quality Insurance LLC; Servicios Corporativos Jaguar, S.C.; Servicios de Transportación Jaguar, S.A. de C.V.; Stinger Logistics, Inc.; Strategic Leasing, Inc.; Taylor Express, Inc.; Transportation Services Risk Retention Group, Inc.; Vorbas, LLC. * DIP Agent: Blue Torch Finance, LLC, on behalf of the lenders party from time to time to the DIP loan agreement * DIP Facility/Borrowing Limit: secured, superpriority, new money, multiple draw term loan facility of up to $8.25 million, which will be drawn in two loans: (a) an initial loan in the principal amount of $8.25 million made available by the DIP Lenders to the Borrower on the closing date. (b) a second loan funded through collections and use of the DIP Agent's cash collateral in an aggregate principal amount of $3.5 million made available by the DIP Lenders to the Borrower at any time on or after the date of entry of the final order. * Interest Rates: The base rate plus 12.5% per annum on the principal amount, payable monthly, in arrears, on the first day of each month, commencing on the first day of the month following the month in which the applicable DIP Loan is made. A default rate equal to the applicable interest rate on the DIP Obligations plus 2% per annum, to be applied at the election of the DIP agent, after an event of default occurred and so long as an Event of Default is continuing. * Expenses and Fees: (a) a non-refundable facility fee equal to 3% of the total commitment, payable to the DIP agent upon entry of the interim order. (b) a non-refundable exit fee equal to 3% of the total commitment, payable by the borrower to the DIP agent on the earlier of (x) the date that all the Obligations under the are paid in full in cash and (y) the maturity date. (c) a non-refundable additional fee equal to 2.50% of the net cash proceeds of asset dispositions of the loan parties in excess of the amounts required to repay in full the obligations, the pre-petition ABL obligations and the prepetition term loan obligations with respect to the Term A Loan), payable to the DIP agent on the earlier of (x) the date that all the obligations under the DIP Loan Agreement are paid in full in cash and (y) the maturity date. (d) a non-refundable extension fee equal to 0.50% of the total commitment. Moreover, the Borrower will reimburse the DIP Agent for all reasonable out-of-pocket expenses incurred in the negotiation and preparation, and obtaining approval with the Bankruptcy Court of the DIP Loan Documents. * Maturity: the earliest to occur of: (i) March 31, 2020 (or, if the Borrower has (x) delivered to the DIP Agent a written election to extend the Maturity Date and (y) paid the Extension Fee to the DIP Agent in cash, in each case, on or prior to March 31, 2020), April 30, 2020, (ii) the date that is 25 days following the date of entry of the Interim Order if the Final Order has not been entered by the Bankruptcy Court on or prior to such date, (iii) the consummation of a sale of all or substantially all of the loan parties' assets, (iv) the substantial consummation of a plan of reorganization filed in the cases that is confirmed pursuant to a Court order, or (v) the date on which the DIP Loans are accelerated pursuant to the DIP Loan Term Agreement. * DIP Collateral: All property of the Debtors' estates, including all assets and property covered by the financing orders and the other collateral documents and any other assets and property, real or personal, tangible or intangible that may at any time be or become subject to a security interest or lien in favor of the DIP Agent on behalf of the DIP Lenders. * DIP Liens/Super priority administrative claim status: (1) DIP Liens in DIP Collateral: The DIP Liens on the DIP Collateral securing the DIP Obligations will be first and senior in priority to all other interests and liens of every kind, nature, and description, including liens or interests granted in favor of third parties in conjunction with Sections 363, 364, or any other section of the Bankruptcy Code or other applicable law, provided that the DIP Liens on: (A) the Prepetition ABL Priority Collateral will be subject to the carve-out and permitted liens, the Prepetition ABL Liens, the Prepetition ABL Adequate Protection Liens; (B) the Prepetition Term Loan Priority Collateral will be subject to the carve-out and certain permitted senior liens that are senior, valid, enforceable, perfected and unavoidable as of the Petition Date; and (C) any unencumbered assets as of the Petition Date will be subject to the carve-out and permitted liens. (2) Superpriority Administrative Expenses: All DIP Obligations constitute an allowed superpriority administrative expense claim pursuant to Section 364(c)(1) of the Bankruptcy Code, having priority in right of payment over any and all other obligations of the Debtors and over any and all administrative expenses or priority claims pursuant to, inter alia, sections 105, 326, 328, 330, 331, 364(c)(1), 503(b), 507(a), 507(b), 546(c), 1113, or 1114 of the Bankruptcy Code, having recourse to all pre-petition and post-petition property of the Debtors and all proceeds thereof. * Milestones: 12/10/2019 The Bankruptcy Court will have entered the interim DIP financing order 12/11/2019 The Loan Parties will have filed one or more motions seeking to authorize and approve bid and sale procedures for all or substantially all of the loan parties’ in form and substance reasonably acceptable to the DIP Agent 12/28/2019 The Bankruptcy Court will have entered one or more orders, in form and substance reasonably acceptable to the DIP Agent, granting the procedural relief requested in the Sale Motion 1/2/2020 The Bankruptcy Court will have entered the final DIP financing order 1/22/2020 The Bankruptcy Court will have entered one or more orders authorizing and approving the sale of all or substantially all of the Loan Parties' assets pursuant to one or a series of related or unrelated sale transactions. * Carve-out: The carve-out consists of: (i) all fees payable to the Clerk of the Court (or in lieu thereof, fees paid to the Debtors’ Claims Agent) and to the U.S. Trustee, plus interest at the statutory rate, (ii) all reasonable fees and expenses up to $25,000 incurred by a Chapter 7 if one should be appointed, (iii) subject to the approved budget, all unpaid fees, costs, disbursements and expenses incurred by the professional employed by the Debtors and the Committee in these Chapter 11 cases, at any time before or on the first business day following delivery by the DIP Agent of a Carve-Out Trigger Notice, and (iv) allowed professional fees of professional persons in an aggregate amount of up to $250,000 incurred after the first business day following delivery by the DIP Agent of the carve-out trigger notice. The Debtors shall fund a reserve account from time to time from the DIP loan proceeds and use of available cash collateral as provided in the approved budget for payment of the carve-out for Allowed professional fees. Request to Access Cash Collateral The Debtors also sought authority to use the cash collateral of the prepetition secured parties and to provide the prepetition secured parties with adequate protection for the use of such cash collateral. The prepetition ABL agent agreed to the Debtors' use of a portion of their cash collateral in an amount equal to 5% of the proceeds of eligible accounts and 50% of ineligible accounts swept through the Debtors' U.S. operations bank accounts otherwise remitted to prepetition ABL agent in accordance with the interim order. The Debtors need the DIP Financing and use of cash collateral to effectuate their goals in these Chapter 11 cases so that they may conduct an orderly, efficient and safe wind down of their operations, and generate the most value possible for the benefit of their estates and creditors. The Debtors owe the prepetition secured parties, as follows: (1) an asset-based credit facility of up to $60.0 million under a certain Credit and Security Agreement, dated as of July 31, 2019, between Celadon Group, Inc. and certain of its subsidiaries, as borrowers, on the one hand, and the lenders from time to time party thereto, and MidCap Funding IV Trust, a Delaware statutory trust, as successor by assignment from MidCap Financial Trust, as administrative agent, on the other hand. As of the Petition Date, the prepetition ABL obligors are liable for payment of the prepetition ABL obligations in an amount not less than $32,461,556.99, inclusive of accrued and accruing interest, fees, costs, expenses and other amounts accrued and accruing pursuant to the pre-petition ABL loan documents. The prepetition ABL facility is secured by (a) first priority security interests in and liens on the ABL priority collateral; and (b) second priority security interests in and liens on the term priority collateral. (2) Celadon Group, Inc., as borrower, and certain subsidiaries designated as guarantors to the lenders from time to time party thereto and Blue Torch, as administrative agent, under a certain Second Amended and Restated Credit Agreement, dated as of July 31, 2019, as amended, from time to time. Pursuant to the prepetition term loan documents, including the Second Amended and Restated Credit Agreement, the prepetition term loan secured parties provided the prepetition term loan obligors with term loan facilities in an aggregate principal amount of $105 million and under which approximately $103.6 million in principal amount was outstanding as of the Petition Date, plus interest accrued and accruing at the rates set forth in the prepetition term loan credit agreement. The prepetition term loan facility, subject to permitted liens, is secured by (a) first priority security interests in and liens on the prepetition term loan priority collateral and (b) second priority security interests in and liens on the prepetition ABL priority collateral. Intercreditor Agreement MidCap, in its capacity as pre-petition ABL agent, and Blue Torch, in its capacity as pre-petition term loan agent, entered into an Intercreditor Agreement, dated as of July 31, 2019. Equity Financing from Luminus Energy Also on July 31, 2019, the Debtors entered into a Warrant Purchase Agreement with one of Celadon Group, Inc.'s shareholders, Luminus Energy Partners Master Fund Ltd., in an effort to access more capital in exchange for equity, as their assets were all otherwise encumbered. Through the Warrant Purchase Agreement, Luminus increased its equity interest in Celadon Group, Inc. from approximately 17% to up to roughly 49.9%. Notice of Event of Default On December 2, 2019, MidCap delivered a notice of event of default and reservation of rights alleging that events of default under the prepetition ABL credit agreement occurred and were continuing. Upon notification of the notice of default, the prepetition term loan agent and the prepetition ABL lenders agreed to advance funds to the Debtors for payment of payroll and payroll taxes and other critical payments necessary to continue operations. However, on December 7, 2019, the prepetition term loan agent served notice of acceleration on the Debtors. As of the Petition Date, a total of approximately $136.4 million was owed to the Debtors' prepetition secured lenders under the prepetition term loan credit agreement and prepetition ABL credit agreement. Adequate Protection for Use of Cash Collateral As adequate protection for the aggregate diminution in value of the prepetition secured parties' respective interests in the prepetition collateral, the prepetition secured parties are granted, subordinate to the carve-out: (a) prepetition term loan adequate protection liens (b) prepetition ABL adequate protection liens (c) adequate protection superpriority claims The DIP loan agreement and other DIP loan documents will be subject to the terms of the prepetition Intercreditor Agreement. The DIP facility provided by the term loan secured parties as the senior secured parties under the Intercreditor Agreement is a permitted senior priority DIP financing. The DIP Agreement provided that the sale, without the DIP agent's consent, of all or substantially all of borrower's assets either through a sale under Section 363 of the Bankruptcy Code, through a confirmed plan of reorganization in the cases, or otherwise, that does not provide for payment in full in cash of the obligations and the obligations under the prepetition ABL facility, the obligations under the prepetition term loan facility and termination of the DIP lenders' commitment to make DIP Loans - will result in an event of default, notwithstanding the provisions of Section 362 of the Bankruptcy Code and without application or motion to the Bankruptcy Court. A copy of the DIP motion is available at https://is.gd/fwlFKs from PacerMonitor.com at no charge. Comdata Payment On the Petition Date, the DIP agent, on behalf of the DIP lenders, made a payment on behalf of the Debtors to Comdata, a provider of gas cards and payroll services to the Debtors, in the amount of $800,000 to (a) repay Comdata for $400,000 in critical trade credit that it extended to the Debtors on December 7 and 8, 2019 in order to allow the Debtors' truck driver employees to continue to use their gas cards over the weekend and (b) pay $400,000 of pre-petition amounts accrued and owing by the Debtors to Comdata. Interim Orders Entered Judge Karen B. Owens, pursuant to an order dated Dec. 10, 2019, authorized the Debtors to incur up to an aggregate principal amount of $9.050 million, which amount includes the Comdata DIP payment in the amount of $1.050 million, with the initial DIP loan made available upon entry of the interim DIP order. A copy of the interim DIP order is available at https://is.gd/ZrwIcO from PacerMonitor.com free of charge. Taylor Sub-facility The Debtors have sought to increase availability under the DIP loan to allow Debtor Taylor Express, Inc., to continue its business as a going concern since it became clear to the Debtors and the DIP Secured Parties that there are parties interested in purchasing the Taylor business as a going concern. The DIP Facility, as approved by the interim order, did not include sufficient funding for Taylor's business operations after the week of Dec. 9, 2019. Pursuant to an Amended and Restated DIP Loan Agreement, the Debtors have sought to increase the DIP loan by $2.2 million (from $9.050 million to $11.250 million) on account of the Taylor sub-facility. The Debtors anticipate that they will need to draw approximately $1.2 million of the Amended DIP commitment during the Interim Period and prior to a final hearing of the DIP Facility on January 3, 2020. Judge Owens, pursuant to a supplement to the interim order, authorized the Debtors to borrow $1.2 million under the Amended and Restated DIP Loan Agreement. The interest rate, facility fee and the exit fee will be applicable to the amended DIP commitment and all amounts borrowed under the Taylor Sub-Facility. The Taylor Sub-Facility will be used to continue the operations of Taylor while a sale process is conducted to sell Taylor as a going concern. A copy of the supplemental interim DIP order at https://is.gd/srteG2 and the amended DIP agreement at https://is.gd/TWyda4 are available from PacerMonitor.com free of charge. Also, a copy of the approved budget is available at https://is.gd/uW6Oye from PacerMonitor.com at no charge. Final hearing on the motion is set for January 3, 2020 at 10 a.m. prevailing Eastern Time. About Celadon Group Celadon Group, Inc. -- https://celadontrucking.com/ -- is a North American truckload freight transportation company, primarily providing point-to-point shipping, warehousing, supply chain logistics, tractor leasing and other transportation and logistics services for major customers throughout North America. Celadon Group and 25 affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-12606) on Dec. 8, 2019. As of Dec. 2, 2019, the Debtors disclosed $427 million in assets and $391 million in liabilities. Judge Karen B. Owens oversees the cases. The Debtors tapped DLA Piper LLP (US) as bankruptcy counsel; Scudder Law Firm, P.C., L.L.O. as special counsel; Alixpartners, LLP as financial advisor; and Kurtzman Carson Consultants, LLC as notice, claims and balloting agent and administrative advisor. CELADON GROUP: Shareholder, DIP Lenders Haggle on Additional Fee ---------------------------------------------------------------- Luminus Energy Partners Master Fund, Ltd., and certain of its affiliates, filed a reservation of their rights in connection with the motion of Celadon Group Inc., and debtor affiliates to obtain post-petition financing in their Chapter 11 cases. Luminus Energy, one of Celadon Group, Inc.'s shareholders, is a party with the Debtors to a Warrant Purchase Agreement dated July 31, 2019 by which Luminus Energy increased its equity interest in Celadon Group, Inc. from approximately 17% to up to roughly 49.9%. William E. Chipman, Jr., Esq., counsel to Luminus Energy Partners Master Fund, Ltd., at Chipman Brown Cicero & Cole, LLP, disclosed that Luminus Energy and the DIP secured parties, through their counsel, are negotiating for the removal of the additional fee. "Based on on-going discussions with counsel to the DIP secured parties, Luminus believes that its issue with the DIP motion will be resolved to Luminus' satisfaction by removal of the additional fee", Mr. Chipman said. The proposed DIP financing provided for a non-refundable additional fee equal to 2.50% of the net cash proceeds of asset dispositions of the loan parties (in excess of the amounts required to repay in full the obligations, the pre-petition ABL obligations and the pre-petition term loan obligations relating to a Term A Loan). The terms of the proposed DIP financing provided that the additional fee be payable to the DIP agent on the earlier of (x) the date that all the obligations under the DIP Loan Agreement are paid in full in cash and (y) the maturity date. Mr. Chipman said out of an abundance of caution (since the understanding between Luminus and the DIP secured parties could not be sufficiently documented prior to the expiration of the Luminus objection deadline), Luminus reserves all rights in connection with the DIP motion at any hearing with respect to the motion. A copy of the reservation of rights is available at https://is.gd/8R5ErD from PacerMonitor.com at no charge. About Celadon Group Celadon Group, Inc. -- https://celadontrucking.com/ -- is a North American truckload freight transportation company, primarily providing point-to-point shipping, warehousing, supply chain logistics, tractor leasing and other transportation and logistics services for major customers throughout North America. Celadon Group and 25 affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-12606) on Dec. 8, 2019. As of Dec. 2, 2019, the Debtors disclosed $427 million in assets and $391 million in liabilities. Judge Karen B. Owens oversees the cases. The Debtors tapped DLA Piper LLP (US) as bankruptcy counsel; Scudder Law Firm, P.C., L.L.O. as special counsel; Alixpartners, LLP as financial advisor; and Kurtzman Carson Consultants, LLC as notice, claims and balloting agent and administrative advisor. COMMUNITY HEALTH: Kevin Hammons Named Chief Financial Officer ------------------------------------------------------------- Community Health Systems, Inc. has appointed Kevin Hammons as its executive vice president and chief financial officer, effective Jan. 1, 2020. Hammons joined Community Health Systems in 1997 and has held numerous financial leadership roles during his more than 20-year tenure, including overseeing accounting and financial reporting, SEC reporting, budgeting, design and implementation of financial systems and processes, capital market transactions, corporate finance and treasury management functions and the Company's divestiture program. Most recently, he has served as senior vice president, assistant chief financial officer and treasurer. Hammons succeeds Thomas J. Aaron, who served as the Company's executive vice president and chief financial officer from May 2017 through his retirement on Dec. 31, 2019. On Dec. 31, 2019, the Board, upon recommendation of the Compensation Committee of the Board, approved an annual base salary for Mr. Hammons for 2020 of $575,000 in connection with his promotion to executive vice president and chief financial officer. It is contemplated that the Board, at its February 2020 meeting, will approve cash incentive compensation and long-term incentive compensation for Mr. Hammons commensurate with his new position with the Company and generally consistent with the Company's existing practices for its retiring chief financial officer. Designation of Principal Accounting Officer The Board determined on Dec. 31, 2019, that Jason K. Johnson, the Company's senior vice president and chief accounting officer, will serve as the Company's principal accounting officer following the promotion of Mr. Hammons, effective Jan. 1, 2020. Mr. Hammons formerly served as the Company's principal accounting officer. Mr. Johnson, age 45, is responsible for the Company's Securities and Exchange Commission reporting matters, as well as overseeing various other accounting and financial reporting matters, including accounting policies and procedures, consolidations and accounting for acquisitions and divestitures. Mr. Johnson joined the Company in 2012 as vice president, assistant corporate controller, and in 2018 he was promoted to vice president, corporate controller. In 2019, he was promoted to vice president and chief accounting officer. Prior to joining the Company, Mr. Johnson held various positions in the assurance and advisory services practice at Deloitte and Touche, LLP. He also previously served as controller of an alternative energy marketing and distribution company. Mr. Johnson holds a master's degree in accounting from the University of Kentucky. He is a member of the American Institute for Certified Public Accountants and Tennessee Society of Certified Public Accountants. Following this designation, Mr. Johnson is eligible to participate in the same executive compensation programs of the Company that are available to other executive officers of the Company. Mr. Johnson is not a party to any material plan, contract or arrangement with the Company in connection with this designation. 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 102 affiliated hospitals in 18 states with an aggregate of approximately 17,000 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 attributable to the Company's stockholders of $788 million for the year ended Dec. 31, 2018, compared to a net loss attributable to the Company's stockholders of $2.45 billion for the year ended Dec. 31, 2017. As of Sept. 30, 2019, the Company had $15.89 billion in total assets, $17.16 billion in total liabilities, $498 million in redeemable noncontrolling interests in equity of consolidated subsidiaries, and a total stockholders' deficit of $1.76 billion. * * * As reported by the TCR on Nov. 29, 2019, S&P Global Ratings raised its issuer credit rating on U.S.-based hospital operator Community Health Systems Inc. to 'CCC+' from 'SD' (selective default). The upgrade to 'CCC+' reflects the company's longer-dated debt maturity schedule, and S&P's view that Community's efforts to rationalize its hospital portfolio as well as improve financial performance and cash flow should strengthen credit measures over the next couple of years. Also in November 2019, Fitch Ratings downgraded Community Health Systems, Inc.'s Issuer Default Rating to 'C' from 'CCC' following the company's announcement of an offer to exchange a series of senior unsecured notes due 2022. The downgrade results from Fitch viewing the transaction as a distressed debt exchange. CONFLUENCE ENERGY: Unsecureds Owed $13M to Get 3% in Plan --------------------------------------------------------- Debtor Confluence Energy, LLC, filed with the U.S. Bankruptcy Court for the District of Colorado an Amended Plan of Liquidation and a corresponding Disclosure Statement. According to the Amended Disclosure Statement, the Amended Plan provides for the sale of the Debtor's remaining assets, most significantly the Walden Facility, and distribution of the proceeds from such sale. Funding of the Plan will be derived through the sale evidenced by the APA. Certain insiders of the Debtor are purchasing substantially all of the Debtor's through a newly formed entity, NewCo. The purchase price is $2,800,000 comprised of: (1) $1,650,000 in cash to be paid upon closing to the bond trustee U.S. Bank, N.A.; and (b) $750,000 to be satisfied through a combination of a note payable by NewCo in favor of Confluence and the assumption by NewCo of certain debt owed to insiders of the Debtors Class 8 consists of those general unsecured creditors of Confluence who hold Allowed Claims. Holders of Class 8 Allowed Claims of non-insiders shall share on a Pro Rata basis in monies deposited into the Unsecured Creditor Account. In accordance with the APA Newco will deposit in the Unsecured Creditor Account 2% of Gross Revenues for four years. Every year, the balance of the Unsecured Creditor Account will be distributed to holders of Class 8 claimants who hold Allowed Claims on a Pro Rata basis. Under the Plan, the Debtor projects $400,144 will be deposited into the Unsecured Creditor Account. Assuming unsecured claims as asserted against the Debtor's estate totaling $13,036,119, the projected distribution to Class 8 claimants is approximately 3%. All funds recovered by the Debtor on account of Avoidance Actions shall be distributed to pay any attorneys' fees and costs directly attributable to the litigation and collection of such funds and split 75% to the Unsecured Creditor Account and 25% to NewCo. A full-text copy of the Amended Disclosure Statement is available at https://tinyurl.com/qn5fqxn from PacerMonitor.com at no charge. The Debtor is represented by: WADSWORTH GARBER WARNER AND CONRARDY, P.C. Aaron A. Garber 2580 W Main Street, Suite 200 Littleton, CO 80120 Tel: 303-296-1999 Fax: 303-296-7600 E-mail: agarber@wgwc-law.com About Confluence Energy Confluence Energy, LLC, manufactures wood pellet for residential and commercial heating use. Founded in 2008, the company provides multiple types of products using biomass materials for a variety of purposes. It is headquartered in Kremmling, Colorado. Confluence Energy sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No. 18-17090) on Aug. 14, 2018. In the petition signed by Mark Mathis, managing member, the Debtor disclosed $11,204,345 in assets and $14,949,092 in liabilities. Judge Elizabeth E. Brown oversees the case. Aaron A. Garber, Esq., at Buechler & Garber, LLC, serves as the Debtor's bankruptcy counsel. No official committee of unsecured creditors has been appointed in the Chapter 11 case. CRAZY CAT: Seeks to Hire Phillips & Baca as Accountant ------------------------------------------------------ Crazy Cat Cyclery, LLC seeks authority from the U.S. Bankruptcy Court for the Western District of Texas to employ Phillips & Baca, P.C. as its accountant. The services to be provided by the firm include the preparation of a monthly budget, monthly periodic reports, tax returns, and payment schedules and budgets for inclusion in its proposed Chapter 11 plan of reorganization. Arlene Phillips, the firm's accountant who will be providing the services, will charge $200 per hour for her services and $75 per hour for her staff. Ms. Phillips and her firm do not represent any interest adverse to the Debtor and its bankruptcy estate, according to court filings. Phillips & Baca can be reached through: Arlene Phillips, CPA Phillips & Baca, P.C. 1100 Montana Avenue, Suite 205 El Paso, TX 79902 Phone: (915) 845-2188 Email: arlene@phillipsandbaca.com About Crazy Cat Cyclery Based in El Paso, Texas, Crazy Cat Cyclery, LLC filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Case No. 19-31773) on Oct. 25, 2019. At the time of the filing, the Debtor had estimated assets of between $100,001 and $500,000 and liabilities of between $500,001 and $1 million. Judge H. Christopher Mott oversees the case. Corey W. Haugland, Esq., at James & Haugland, P.C., is the Debtor's legal counsel. CRM CITY FELLOWSHIP: Plan to Pay Unsecureds 100% in 54 Months ------------------------------------------------------------- Debtor CRM City Fellowship Church filed with the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division, a Second Amended Disclosure Statement describing its Plan of Reorganization. The Debtor has promulgated the Plan consistent with the provisions of the Bankruptcy Code. The purpose of the Plan is to provide an opportunity for the Debtor to fully repay its creditors. Class 7 consists of General Unsecured Claims that are not secured by property of the estate and are not entitled to priority under Sec. 507(a) of the Code. The Debtor shall open an Unsecured Creditors Escrow Account and place $2,128.77 in this account each month beginning 30 days after confirmation of this plan and continuing for 54 months. The Debtor proposes to pay Class 7 claimants 100 percent of each allowed claim. The Debtor plans to finance its repayment plan of reorganization through the ongoing operations of its two places of worship. The Debtor believes that it will have enough cash on hand on the Effective Date of the Plan to pay all the claims and expenses that are entitled to be paid on that date. The Debtor's Monthly Operating Reports have shown a fluctuation in its income due to the trend of receipts of monthly Tithes and Offerings received by the Debtor during the Summer months. Amounts received during this time of year is often substantially less than amounts received during the Fall and Winter months. The Debtor expects revenues will increase during the coming months. Additionally, the sale of the Debtor's Houston location will decrease the Debtor's monthly operating expenses. The Debtor intends to open a smaller alternate Houston location. This move will afford the Debtor the opportunity to decrease its monthly expenses without incurring a potential loss in monthly revenue. A full-text copy of the 2nd Amended Disclosure Statement is available at https://tinyurl.com/rhabagr from PacerMonitor.com at no charge. The Debtor is represented by: Nelson M. Jones III 440 Louisiana, Suite 1575 Houston, Texas 77002 Tel: (713) 236-8736 Fax: (713) 236-8990 E-mail: njoneslawfirm@aol.com About CRM City Fellowship Church CRM City Fellowship Church is a tax-exempt religious organization based in Houston, Texas. CRM City Fellowship Church sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 18-36175) on Nov. 5, 2018. In the petition signed by Leroy J. Woodard, president, the Debtor was estimated to have assets of $1 million to $10 million and liabilities of $1 million to $10 million. The Debtor tapped the Law Office of Nelson M. Jones III as its legal counsel. CYTOSORBENTS CORP: Implements New Voting Standard for Directors --------------------------------------------------------------- The Board of Directors of CytoSorbents Corporation amended and restated the Company's bylaws, effective immediately, to implement a majority voting standard for directors in uncontested director elections. In particular, the amended and restated bylaws include the following changes: * the standard for uncontested elections of directors was changed to a majority voting standard so that a nominee for director will be elected to the Board if the votes cast "for" such nominee's election exceed the votes cast "against" such nominee's election; * nominees for director will continue to be elected by a plurality of the votes cast if the election is a contested election as defined in the Bylaws; * as a condition to being nominated to stand for election as director, a proposed nominee must deliver an irrevocable letter of resignation as a director, effective upon such person's failure to receive the required vote for reelection at the next annual meeting of stockholders at which such person would face reelection; and * if a nominee for director is not elected and the nominee is an incumbent director, the Nominating and Corporate Governance Committee of the Board will make a recommendation to the Board as to whether to accept or reject the tendered resignation, or whether other action should be taken. The Board will act on the tendered resignation, taking into account the Committee's recommendation, and publicly disclose its decision regarding the tendered resignation and the rationale behind the decision within 90 calendar days from the date of the certification of the election results. The Committee, in making its recommendation, and the Board, in making its decision, may each consider any factors or other information that they consider appropriate and relevant. The director who tenders his or her resignation will not participate in the recommendation of the Committee or the decision of the Board with respect to his or her tender of resignation, but may participate in the recommendation or the decision regarding another director's tender of resignation. About CytoSorbents Based in Monmouth Junction, New Jersey, CytoSorbents Corporation is engaged in critical care immunotherapy, specializing in blood purification. Its flagship product, CytoSorb is approved in the European Union with distribution in 55 countries around the world, as an extracorporeal cytokine adsorber designed to reduce the "cytokine storm" or "cytokine release syndrome" that could otherwise cause massive inflammation, organ failure and death in common critical illnesses. These are conditions where the risk of death is extremely high, yet no effective treatments exist. Cytosorbents reported a net loss of $17.21 million for the year ended Dec. 31, 2018, compared to a net loss of $8.46 million for the year ended Dec. 31, 2017. As of Sept. 30, 2019, the Company had $28.68 million in total assets, $21.95 million in total liabilities, and $6.73 million in total stockholders' equity. WithumSmith+Brown, PC, in East Brunswick, New Jersey, the Company's auditor since 2004, issued a "going concern" qualification in its report on the Company's consolidated financial statements for the year ended Dec. 31, 2018, noting that the Company sustained net losses for the years ended Dec. 31, 2018, 2017 and 2016. Furthermore, the Company believes it will have to raise additional capital to fund its planned operations for the twelve month period through March 2020. These matters raise substantial doubt regarding the Company's ability to continue as a going concern. DELMAR SUBS: Seeks Court Approval to Hire PCI Auctions ------------------------------------------------------ Delmar Subs, Inc., seeks approval from the U.S. Bankruptcy Court for the District of Maryland to hire an auctioneer. In its application, the Debtor proposes to employ PCI Auctions East Coast, LLC to conduct a public auction of the equipment it used to operate its business in Elkton, Md. PCI will receive 30 percent of the sale proceeds as commission. The firm does not represent any interest adverse to the Debtor and its bankruptcy estate, according to court filings. PCI maintains an office at: PCI Auctions East Coast, LLC 141 W. End Drive Manheim, PA 17545 Phone: +1 717-450-7241 About Delmar Subs Delmar Subs, Inc. is a privately held company that operates in the restaurant industry. The company has store locations at 1227 Eastern Blvd., Essex, Md., 108 Big Elk Mall, Elkton, Md; and 319 North Dupont Highway, Smyrna, Del. Delmar Subs, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Case No. 19-24928) on Nov. 7, 2019. In the petition signed by its president, Raymond H. Burrows, III, the Debtor disclosed $271,840 in assets and $1,405,031 in debt. Judge Robert A. Gordon is assigned to the case. The Debtor tapped Marc Robert Kivitz, Esq., at the Law Office of Marc R. Kivitz. DESTINATION MATERNITY: Committee Hires Cooley LLP as Counsel ------------------------------------------------------------ The Official Committee of Unsecured Creditors of Destination Maternity Corporation, and its debtor-affiliates, seeks authorization from the U.S. Bankruptcy Court for the District of Delaware to retain Cooley LLP as lead counsel to the Committee. Destination Maternity requires Cooley LLP to: (a) attend the meetings of the Committee; (b) review financial and operational information furnished by the Debtors to the Committee; (c) analyze and negotiate the budget and the terms of the Debtors' use of cash collateral; (d) assist in the Debtors' efforts market and sell their assets in a manner that maximizes value for creditors; (e) assist the Committee in negotiations with the Debtors and other parties in interest on the Debtors' proposed chapter 11 plan and/or exit strategy for these cases; (f) confer with the Debtors' management, counsel, and financial advisor and any other retained professional; (g) confer with the principals, counsel and advisors of the Debtors' lenders and equity holders; (h) review the Debtors' schedules, statements of financial affairs, and business plan; (i) advise the Committee as to the ramifications regarding all of the Debtors' activities and motions before this Court; (j) review and analyze the Debtors' financial advisors' work product and report to the Committee; (k) investigate and analyze certain of the Debtors' prepetition conduct, transactions, and transfers; (l) analyze the value of the go-forward business; (m) provide the Committee with legal advice in relation to the chapter 11 cases; (n) prepare various pleadings to be submitted to the Court for consideration; and (o) perform such other legal services for the Committee as may be necessary or proper in these proceedings. Cooley LLP will be paid at these hourly rates: Cathy Hershcopf Partner $1,185 Seth Van Aalten Partner $995 Cullen Speckhart Partner $995 Michael Klein Special Counsel $955 Lauren Reichardt Associate $825 Paul Springer Associate $670 Mollie Canby Paralegal $275 Cooley LLP will also be reimbursed for reasonable out-of-pocket expenses incurred. Cathy Hershcopf partner of Cooley LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) is not creditors, equity security holders or insiders of the Debtors; (b) has not been, within two years before the date of the filing of the Debtors' chapter 11 petition, directors, officers or employees of the Debtors; and (c) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtors, or for any other reason. Cooley LLP can be reached at: Cathy Hershcopf, Esq. COOLEY LLP 55 Hudson Yards New York, NY 10001 Tel: (212) 479-6000 About Destination Maternity Corporation Destination Maternity is a designer and omni-channel retailer of maternity apparel in the United States, with the only nationwide chain of maternity apparel specialty stores, as well as a deep and expansive assortment available through multiple online distribution points, including our three brand-specific websites. As of August 3, 2019, Destination Maternity operated 937 retail locations, including 446 stores in the United States, Canada and Puerto Rico, and 491 leased departments located within department stores and baby specialty stores throughout the United States and Canada. It also sells merchandise on the Internet, primarily through Motherhood.com, APeaInThePod.com and DestinationMaternity.com websites. Destination Maternity sells merchandise through its Canadian website, MotherhoodCanada.ca, through Amazon.com in the United States, and through websites of certain of our retail partners, including Macys.com. Destination Maternity's 446 stores operate under three retail nameplates: Motherhood Maternity(R), A Pea in the Pod(R) and Destination Maternity(R). It also operates 491 leased departments within leading retailers such as Macy's(R), buybuy BABY(R) and Boscov's(R). Generally, the company is the exclusive maternity apparel provider in its leased department locations. Destination Maternity and its two subsidiaries sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 19-12256) on Oct. 21, 2019. As of Oct. 5, 2019, Destination Maternity disclosed assets of $260,198,448 and liabilities of $244,035,457. The Hon. Brendan Linehan Shannon is the case judge. The Debtors tapped Kirkland & Ellis LLP as legal counsel; Greenhill & Co., LLC as investment banker; Landis Rath & Cobb LLP as local bankruptcy counsel; Hilco Streambank LLC as intellectual property advisor; Prime Clerk LLC as claims agent; and Berkeley Research Group, LLC as restructuring advisor. BRG's Robert J. Duffy has been appointed as chief restructuring officer. Andrew Vara, acting U.S. trustee for Region 3, on Nov. 1, 2019, appointed five creditors to serve on the official committee of unsecured creditors in the Chapter 11 cases of Destination Maternity Corporation and its affiliates. The Committee hires Cooley LLP as lead counsel. Cole Schotz P.C., as Delaware and conflict counsel. Province, Inc., as financial advisor. DESTINATION MATERNITY: Panel Taps Province as Financial Advisor --------------------------------------------------------------- The Official Committee of Unsecured Creditors of Destination Maternity Corporation, and its debtor-affiliates, seeks authorization from the U.S. Bankruptcy Court for the District of Delaware to retain Province, Inc., as financial advisor to the Committee. The Committee requires Province to: a. become familiar with and analyzing the Debtors' DIP budget, assets and liabilities, and overall financial condition; b. review financial and operational information furnished by the Debtors to the Committee; c. monitor the sale process, reviewing bidding procedures, stalking horse bids, APAs, interfacing with the Debtors' professionals, and advising the Committee regarding the process; d. scrutinize the economic terms of various agreements, including, but not limited to, the Debtors' critical vendor motions and various professional retentions; e. analyze the Debtors' proposed business plans and developing alternative scenarios, if necessary; f. assess the Debtors' various pleadings and proposed treatment of unsecured creditor claims therefrom; g. prepare, or review as applicable, avoidance action and claim analyses; h. assist the Committee in reviewing the Debtors' financial reports, including, but not limited to, SOFAs, Schedules, cash budgets, and Monthly Operating Reports; i. advise the Committee on the current state of these chapter 11 cases; j. advise the Committee in negotiations with the Debtors and third parties as necessary; k. if necessary, participating as a witness in hearings before the bankruptcy court with respect to matters upon which Province has provided advice; and l. other activities as are approved by the Committee, the Committee's counsel, and as agreed to by Province. Province will be paid at these hourly rates: Principal $800 to 935 Managing Director $660 to 720 Senior Director $580 to 640 Director $500 to 570 Senior Associate $400 to 490 Associate $350 to 400 Analyst $230 to 350 Para Professional $175 Province will also be reimbursed for reasonable out-of-pocket expenses incurred. Edward Kim, managing director of Province, 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 (a) is not creditors, equity security holders or insiders of the Debtors; (b) has not been, within two years before the date of the filing of the Debtors' chapter 11 petition, directors, officers or employees of the Debtors; and (c) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtors, or for any other reason. Province can be reached at: Edward Kim PROVINCE, INC. 2360 Corporate Circle, Suite 330 Henderson, NV 89074 Tel: (702) 685-5555 About Destination Maternity Corporation Destination Maternity is a designer and omni-channel retailer of maternity apparel in the United States, with the only nationwide chain of maternity apparel specialty stores, as well as a deep and expansive assortment available through multiple online distribution points, including our three brand-specific websites. As of August 3, 2019, Destination Maternity operated 937 retail locations, including 446 stores in the United States, Canada and Puerto Rico, and 491 leased departments located within department stores and baby specialty stores throughout the United States and Canada. It also sells merchandise on the Internet, primarily through Motherhood.com, APeaInThePod.com and DestinationMaternity.com websites. Destination Maternity sells merchandise through its Canadian website, MotherhoodCanada.ca, through Amazon.com in the United States, and through websites of certain of our retail partners, including Macys.com. Destination Maternity's 446 stores operate under three retail nameplates: Motherhood Maternity(R), A Pea in the Pod(R) and Destination Maternity(R). It also operates 491 leased departments within leading retailers such as Macy's(R), buybuy BABY(R) and Boscov's(R). Generally, the company is the exclusive maternity apparel provider in its leased department locations. Destination Maternity and its two subsidiaries sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 19-12256) on Oct. 21, 2019. As of Oct. 5, 2019, Destination Maternity disclosed assets of $260,198,448 and liabilities of $244,035,457. The Hon. Brendan Linehan Shannon is the case judge. The Debtors tapped Kirkland & Ellis LLP as legal counsel; Greenhill & Co., LLC as investment banker; Landis Rath & Cobb LLP as local bankruptcy counsel; Hilco Streambank LLC as intellectual property advisor; Prime Clerk LLC as claims agent; and Berkeley Research Group, LLC as restructuring advisor. BRG's Robert J. Duffy has been appointed as chief restructuring officer. Andrew Vara, acting U.S. trustee for Region 3, on Nov. 1, 2019, appointed five creditors to serve on the official committee of unsecured creditors in the Chapter 11 cases of Destination Maternity Corporation and its affiliates. The Committee hires Cooley LLP as lead counsel. Cole Schotz P.C., as Delaware and conflict counsel. Province, Inc., as financial advisor. DPW HOLDINGS: Subsidiary Agrees to Acquire Two Broker-Dealers ------------------------------------------------------------- DPW Holdings, Inc.'s wholly owned subsidiary DPW Financial Group, Inc. has entered into an agreement whereby it will acquire two broker-dealers. Under the terms of the agreement, which was approved by the Company's Board of Directors on Dec. 17, 2019, DPWF will acquire two SEC registered broker dealers, Glendale Securities, Inc., a retail broker dealer and its correspondent clearing broker dealer. The acquisitions will be completed by DPWF through the issuance of DPWF preferred stock with an aggregate stated value of approximately $15 million. In connection with the acquisitions, DPW will make a loan of approximately $9 million to DPWF. The closing of the agreement is subject to customary conditions, including regulatory clearance, which consists principally of approval by the Financial Industry Regulatory Authority, Inc. The transaction is expected to close upon receipt of such clearance. However, the Company has reason to believe that FINRA may not approve the acquisitions in the foreseeable future, if at all. The Company is aware that FINRA has indicated that it has reservations about certain aspects of the proposed transaction. While the Company has been advised by Glendale that the two broker-dealers intend to address any concerns FINRA may have to its satisfaction, there can be no assurance that the proposed acquisitions will ever be approved by FINRA. DPW's CFO and Vice Chairman, William B. Horne, said, "We laid out our strategy of growth through acquisitions over the past two years and look forward to accomplishing this milestone in the financial sector." DPW Financial Group's CEO, Darren Magot said, "We are very pleased to have entered into the agreement governing this transaction, which demonstrates that we are executing our plan of expansion of our financial services offerings through an acquisition, as we have announced from time to time." About DPW Holdings DPW Holdings, Inc., formerly known as Digital Power Corp. -- http://www.DPWHoldings.com/-- is a diversified holding company pursuing growth by acquiring undervalued businesses and disruptive technologies that hold global potential. Through its wholly owned subsidiaries and strategic investments, the Company provides mission-critical products that support a diverse range of industries, including defense/aerospace, industrial, telecommunications, medical, crypto-mining, and textiles. In addition, the company owns a select portfolio of commercial hospitality properties and extends credit to select entrepreneurial businesses through a licensed lending subsidiary. DPW Holdings' headquarters is located at 201 Shipyard Way, Suite E, Newport Beach, CA 92663. DPW Holdings incurred a net loss of $32.98 million in 2018, following a net loss of $10.89 million in 2017. As of Sept. 30, 2019, the Company had $47.42 million in total assets, $29.50 million in total liabilities, and $17.92 million in total stockholders' equity. Marcum LLP, in New York, the Company's auditor since 2016, issued a "going concern" qualification in its report dated April 16, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, stating that the Company has a significant working capital deficiency, has incurred significant losses, and needs to raise additional funds to meet its obligations and sustain its operations. These conditions raise substantial doubt about the Company's ability to continue as a going concern. FCPR ACQUISITION: Committee Hires Buss Ross as Counsel ------------------------------------------------------ The Official Committee of Unsecured Creditors of FCPR Acquisition, LLC, and its debtor-affiliates seeks authorization from the U.S. Bankruptcy Court for the Middle District of Florida to retain Buss Ross, P.A., as counsel to the Committee. The Committee requires Buss Ross to: a. give the Committee legal advice with respect to its powers and duties; b. consult with the Committee and the Debtor regarding the administration of the bankruptcy case; c. investigate the acts, conduct, assets, liabilities, and financial condition of the Debtor, the operation of the Debtor's business, and any other matter relevant to the case or to the formulation of a plan; d. participate in the formulation of any plan and advise the Committee members as to the Committee's determinations as to any plan formulated; and e. perform such other legal services that are in the interest of the Committee and its members. Buss Ross 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. Kathleen L. DiSanto, partner of Buss Ross, P.A., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) is not creditors, equity security holders or insiders of the Debtors; (b) has not been, within two years before the date of the filing of the Debtors' chapter 11 petition, directors, officers or employees of the Debtors; and (c) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtors, or for any other reason. Buss Ross can be reached at: Kathleen L. DiSanto, Esq. BUSS ROSS, P.A. 1801 North Highland Ave. Tampa, FL 33602 Tel: (813) 224-9255 Fax: (813) 223-9620 About FCPR Acquisition FCPR Acquisition, LLC, provides carpet recycling services. The company is doing business as Florida Carpet & Pad Recycling. FCPR sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-08611) on Sept. 11, 2019. Its affiliates, Cedar Plastics, LLC (Bankr. M.D. Fla. Case No. 19-09429) and Cedar Trucking, LLC (Bankr. M.D. Fla. Case No. 19-09430) filed Chapter 11 petitions on Oct. 3, 2019. The cases are jointly administered under Case No. 19-08611. At the time of the filing, FCPR and Cedar Plastics were estimated to have assets of less than $50,000 and debts of less than $10 million. Cedar Trucking had estimated assets of less than $50,000 and liabilities of less than $1 million. The cases have been assigned to Judge Caryl E. Delano. The Debtors are represented by Daniel E. Etlinger, Esq., at Jennis Law Firm. The U.S. Trustee for Region 21 on Nov. 15, 2019, appointed three creditors to serve on the official committee of unsecured creditors. The Committee hires Buss Ross, P.A., as counsel. FIVE STAR: ABP Trust Has 6.3% Stake as of Jan. 1 ------------------------------------------------ In a Schedule 13D/A filed with the Securities and Exchange Commission, these reporting persons disclosed beneficial ownership of shares of common stock of Five Star Senior Living Inc. as of Jan. 1, 2020: Shares Percent Beneficially of Reporting Person Owned Class ---------------- ------------ -------- ABP Acquisition LLC 1,799,999 5.7% ABP Trust 1,972,783 6.3% Adam D. Portnoy 2,000,115 6.3% The percentages are based on 31,554,613 Common Shares issued and outstanding as of Jan. 1, 2020, such number of shares being based on information provided by the Issuer. Pursuant to a transaction agreement, effective Jan. 1, 2020, the Issuer issued 10,268,158 Common Shares to Diversified Healthcare Trust (formerly known as Senior Housing Properties Trust), a Maryland real estate investment trust ("DHC"), so that, together with DHC's then owned Common Shares, DHC now owns 33.9% of the outstanding Common Shares. In addition, pursuant to a pro rata distribution to holders of DHC's common shares of beneficial interest declared by DHC on Dec. 3, 2019 to its record holders as of Dec. 13, 2019 of the right to receive an aggregate of 51.1% of the outstanding Common Shares, the Issuer issued on a pro rata basis to those holders, an aggregate of 16,119,563 Common Shares, subject to cash being paid in lieu of any fractional shares; the noted percentage ownership amounts are post-issuance as of Jan. 1, 2020, giving effect to both share issuances. ABP Trust and Mr. Portnoy directly acquired 172,784 and 9,782 Common Shares, respectively, as part of the Share Issuances in their capacities as DHC shareholders of record. A full-text copy of the regulatory filing is available for free at the SEC's website at: https://is.gd/Mf46mH About Five Star Senior Headquartered in Newton, Massachusetts, Five Star Senior Living Inc. -- http://www.fivestarseniorliving.com/-- is a senior living and healthcare services company. As of Sept. 30, 2019, Five Star operated 267 senior living communities with 31,116 living units located in 32 states, including 190 communities (20,948 living units) that it owned or leased and 77 communities (10,168 living units) that it managed. These communities include independent living, assisted living, continuing care retirement and skilled nursing communities. Five Star is headquartered in Newton, Massachusetts. Five Star incurred a net loss of $74.08 million in 2018, following a net loss of $20.90 million in 2017. As of Sept. 30, 2019, the Company had $1.23 billion in total assets, $288.43 million in total current liabilities, $839.53 million in total long term liabilities, and $103.79 million in total shareholders' equity. RSM US LLP, in Boston, Massachusetts, the Company's auditor since 2014, issued a "going concern" qualification in its report dated March 6, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company has suffered recurring losses from operations and has an accumulated deficit of $292.6 million. This raises substantial doubt about the Company's ability to continue as a going concern. FIVE STAR: Diversified Healthcare Has 33.9% Stake as of Jan. 1 -------------------------------------------------------------- Diversified Healthcare Trust (formerly known as Senior Housing Properties Trust) or "DHC" disclosed in a Schedule 13D/A filed with the Securities and Exchange Commission that as of Jan. 1, 2020, it beneficially owns 10,691,658 shares of common stock of Five Star Senior Living Inc., which represents 33.9% of the shares outstanding (based on 31,542,613 Common Shares outstanding as of Jan. 1, 2020). DHC beneficially owns 10,691,658 Common Shares, 10,268,158 of which were acquired by DHC on Jan. 1, 2020 pursuant to the Transaction Agreement, 100,000 of which were purchased by DHC as part of an underwritten public offering of Common Shares by the Issuer completed on June 21, 2011, 320,000 of which were acquired by DHC pursuant to a lease realignment agreement with the Issuer, entered into on Aug. 4, 2009, and 3,500 of which were retained by DHC following its Dec. 31, 2001 spinoff of the Issuer. A full-text copy of the SEC filing is available for free at the SEC's website at: https://is.gd/k9h4YL About Five Star Senior Headquartered in Newton, Massachusetts, Five Star Senior Living Inc. -- http://www.fivestarseniorliving.com/-- is a senior living and healthcare services company. As of Sept. 30, 2019, Five Star operated 267 senior living communities with 31,116 living units located in 32 states, including 190 communities (20,948 living units) that it owned or leased and 77 communities (10,168 living units) that it managed. These communities include independent living, assisted living, continuing care retirement and skilled nursing communities. Five Star is headquartered in Newton, Massachusetts. Five Star incurred a net loss of $74.08 million in 2018, following a net loss of $20.90 million in 2017. As of Sept. 30, 2019, the Company had $1.23 billion in total assets, $288.43 million in total current liabilities, $839.53 million in total long term liabilities, and $103.79 million in total shareholders' equity. RSM US LLP, in Boston, Massachusetts, the Company's auditor since 2014, issued a "going concern" qualification in its report dated March 6, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company has suffered recurring losses from operations and has an accumulated deficit of $292.6 million. This raises substantial doubt about the Company's ability to continue as a going concern. FIVE STAR: Restructures Business Arrangements with DHC ------------------------------------------------------ Pursuant to Five Star Senior Living Inc.'s previously announced transaction agreement with Diversified Healthcare Trust (f/k/a Senior Housing Properties Trust)("DHC"), on Jan. 1, 2020, effective at 12:00:01 a.m., Eastern Time, Five Star restructured its business arrangements with DHC as follows: * the Company's five then existing master leases with DHC for all of the senior living communities that it leased from DHC at such time, as well as its then existing management agreements and pooling agreements with DHC for the senior living communities that it managed for DHC at such time, were terminated and replaced, or the Conversion, with new management agreements for all of these senior living communities and a related omnibus agreement; * (a) the Company issued to DHC 10,268,158 of its shares of common stock which, when considered together with the 423,500 Common Shares then owned by DHC, caused DHC to own approximately 33.9% of the then outstanding Common Shares, and (b) pursuant to a pro rata distribution that DHC declared on Dec. 3, 2019 to holders of record of its common shares of beneficial interest as of Dec. 13, 2019 of the right to receive an aggregate of approximately 51.1% of the then outstanding Common Shares, the Company issued to such holders, on a pro rata basis, an aggregate of 16,119,563 Common Shares, subject to cash being paid in lieu of any fractional shares, with the noted percentage ownership amounts being post-issuance, giving effect to the Share Issuances; and * as consideration for the Share Issuances, DHC provided the Company with $75 million of additional consideration, by way of its payment or assumption of $75 million in certain of the Company's current and future working capital liabilities, pursuant to the terms of the Transaction Agreement. Also pursuant to the Transaction Agreement, the Company has agreed to expand its Board of Directors within six months following the Conversion to add an Independent Director reasonably satisfactory to DHC. Pursuant to the New Management Agreements, the Company will receive a management fee equal to 5% of the gross revenues realized at the applicable senior living communities plus reimbursement for the Company's direct costs and expenses related to such communities, as well as an annual incentive fee equal to 15% of the amount by which the annual earnings before interest, taxes, depreciation and amortization, or EBITDA, of all communities on a combined basis exceeds the target EBITDA for all communities on a combined basis for such calendar year, provided that in no event shall the incentive fee be greater than 1.5% of the gross revenues realized at all communities on a combined basis for such calendar year. The New Management Agreements provide for 15 year terms, subject to the Company's right to extend for two consecutive five year terms if the Company achieves certain performance targets for the combined managed communities portfolio. The New Management Agreements also provide DHC with the right to terminate the New Management Agreement for any community that does not earn 90% of the target EBITDA for such community for two consecutive calendar years or in any two of three consecutive calendar years, with the measurement period commencing Jan. 1, 2021 (and the first termination not possible until the beginning of calendar year 2023), provided DHC may not in any calendar year terminate communities representing more than 20% of the combined revenues for all communities for the calendar year prior to such termination. Pursuant to a guaranty agreement dated as of Jan. 1, 2020, or the Guaranty, made by the Company in favor of DHC's applicable subsidiaries, the Company has guaranteed the payment and performance of each of the Company's applicable subsidiary's obligations under the applicable New Management Agreements. Also on Jan. 1, 2020, the agreement governing the $25 million line of credit that DHC extended to the Company pursuant to the Transaction Agreement terminated in accordance with its terms. There were no borrowings outstanding under this credit facility when the Credit Agreement was terminated. Five Star Senior was DHC's 100% owned subsidiary until DHC distributed the Common Shares it then owned to its shareholders in 2001. DHC is currently the Company's largest stockholder, owning, as of Jan. 2, 2020, 10,691,658 Common Shares, or approximately 33.9% of the Company's outstanding Common Shares. The Company manages most of DHC's senior living communities and prior to the completion of Restructuring Transaction the Company was DHC's largest tenant and a manager of DHC's senior living communities. About Five Star Senior Headquartered in Newton, Massachusetts, Five Star Senior Living Inc. -- http://www.fivestarseniorliving.com/-- is a senior living and healthcare services company. As of Sept. 30, 2019, Five Star operated 267 senior living communities with 31,116 living units located in 32 states, including 190 communities (20,948 living units) that it owned or leased and 77 communities (10,168 living units) that it managed. These communities include independent living, assisted living, continuing care retirement and skilled nursing communities. Five Star is headquartered in Newton, Massachusetts. Five Star incurred a net loss of $74.08 million in 2018, following a net loss of $20.90 million in 2017. As of Sept. 30, 2019, the Company had $1.23 billion in total assets, $288.43 million in total current liabilities, $839.53 million in total long term liabilities, and $103.79 million in total shareholders' equity. RSM US LLP, in Boston, Massachusetts, the Company's auditor since 2014, issued a "going concern" qualification in its report dated March 6, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company has suffered recurring losses from operations and has an accumulated deficit of $292.6 million. This raises substantial doubt about the Company's ability to continue as a going concern. FIZZ & BUBBLE: March 3 Filing Deadline of Plan and Disclosures -------------------------------------------------------------- Judge Trish M. Brown has ordered that the deadline for Fizz & Bubble, LLC, to file a Disclosure Statement and Plan of Reorganization is March 3, 2020. The Debtor will provide to The United States Trustee an appropriate Schedule C from Kimberly Mitchell's (Debtor's principal) completed and filed 2017 and 2018 tax returns by January 31, 2020. A full-text copy of the Order dated Dec. 13, 2019, is available at https://tinyurl.com/uanynyu from PacerMonitor.com at no charge. About Fizz & Bubble Fizz & Bubble, LLC -- https://fizzandbubble.com/ -- is a toiletries wholesaler based in Wilsonville, Oregon offering an array of luxurious bath and shower treats. The company's products include bath fizzies, bubble bath cupcakes, bubble bath elixirs, bath truffles, bath melts, shower steamers, body scrubs, whipped soaps, body frosting lotions, face mask frostings, and lip scrubs. Fizz & Bubble filed for Chapter 11 bankruptcy protection (Bankr. D. Ore. Case No. 19-34092) on November 4, 2019. In the petition signed by Kimberly Ann Mitchell, sole member and chief creative officer, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. The Hon. Trish M. Brown oversees the case. The Debtor is represented by Douglas R. Ricks, Esq., at Vanden Bos & Chapman, LLP. FULL X TECH: Committee Hires Genovese Joblove as Counsel -------------------------------------------------------- The Official Committee of Unsecured Creditors of Full X Tech Corporation, and its debtor-affiliates seeks authorization from the U.S. Bankruptcy Court for the Southern District of Florida to retain Genovese Joblove & Battista, P.A., as counsel to the Committee. The Committee requires Genovese Joblove to: a. advise the Committee with respect to its rights, powers and duties in this chapter 11 case as enumerated in Sections 1102 and 1103 of the Bankruptcy Code; b. assist and advise the Committee in its investigation of the acts, conduct, assets, liabilities and financial condition of the Debtor and the operation of the Debtor's business; c. assist and advise the Committee in its consultations and negotiations with the Debtor relative to the administration of this chapter 11 case; d. assist and advise the Committee about all relevant matters that arise in this chapter 11 case, including without limitation evaluating the prospects of a plan of reorganization, including the negotiation and development of such a plan; e. draft and file any and all pleadings and documents on behalf of the Committee in this chapter 11 case as may be necessary to further the interests and objectives of the Committee; f. appear on behalf of the Committee at all hearings, depositions, meetings and other proceedings in this chapter 11 case; g. assist and advise the Committee with respect to its communication with the general creditor body regarding significant matters in this chapter 11 case; h. review and analyze all applications, motions, orders, and schedules filed with the Court in this chapter 11 case and advise the Committee in connection therewith; and i. perform such other legal services as may be required by the Committee and are deemed by the Committee to be in its best interests. Genovese Joblove will be paid at these hourly rates: Attorneys $575 to $475 Paralegals $195 to $175 Genovese Joblove will also be reimbursed for reasonable out-of-pocket expenses incurred. Glenn D. Moses, partner of Genovese Joblove & Battista, P.A., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) is not creditors, equity security holders or insiders of the Debtors; (b) has not been, within two years before the date of the filing of the Debtors' chapter 11 petition, directors, officers or employees of the Debtors; and (c) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtors, or for any other reason. Glenn D.Moses can be reached at: Glenn D. Moses, Esq. Genovese Joblove & Battista, P.A. 100 Southeast Second Street, 44th Floor Miami, FL 33131 Tel: (305) 349-2300 Fax: (305) 349-2310 About Full X Tech Corporation Full X Tech, Corp. is a privately owned company in Miami, that wholesales computers, computer equipment, cellphones, telephones, network devices and printers. Full X Tech sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 19-19461) on July 17, 2019. At the time of the filing, the Debtor was estimated to have assets of between $500,000 and $1 million and liabilities of between $1 million and $10 million. The case has been assigned to Judge Robert A. Mark. The Debtor is represented by Sagre Law Firm, P.A. The U.S. Trustee for Region 21 on Aug. 30, 2019, appointed three creditors to serve on the official committee of unsecured creditors in the Chapter 11 case of Full X Tech Corp. The Committee hires Genovese Joblove & Battista, P.A., as counsel. GJ SOUTH LLC: U.S. Trustee Unable to Appoint Committee ------------------------------------------------------ The Office of the U.S. Trustee on Dec. 30, 2019, disclosed in a court filing that no official committee of unsecured creditors has been appointed in the Chapter 11 case of GJ South, LLC. About GJ South GJ South LLC, filed a Chapter 11 bankruptcy petition (Bankr. D. Colo. Case No. 19-16511) on July 30, 2019, disclosing less than $1 million in both assets and liabilities. The Debtor is represented by Guy B. Humphries, Esq., at Guy Humphries, Attorney At Law. GROWLERU FRANCO: Hires Allen Vellone as Special Counsel ------------------------------------------------------- GrowlerU Franco, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Colorado to employ Allen Vellone Wolf Helfrich & Factor P.C., as special counsel to the Debtor. GrowlerU Franco requires Allen Vellone to act as co-counsel with Weinman & Associates, P.C. to assist the Debtor in the bankruptcy case and specifically to represent the Debtor in connection with any evidentiary proceedings, contested matters, adversary litigation matters, avoidance actions, and any other litigation proceedings arising in or through the bankruptcy case. Allen Vellone will be paid at these hourly rates: Patrick Vellone $550 Jeremy Jonsen $275 Allen Vellone will be paid a retainer in the amount of $10,000. Allen Vellone will also be reimbursed for reasonable out-of-pocket expenses incurred. Patrick Vellone, partner of Allen Vellone Wolf Helfrich & Factor P.C., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Allen Vellone can be reached at: Patrick D. Vellone, Esq. Jeremy T. Jonsen, Esq. ALLEN VELLONE WOLF HELFRICH & FACTOR P.C. 1600 Stout Street, Suite 1100 Denver, CO 80202 Tel: (303) 534-4499 E-mail: pvellone@allen-vellone.com jjonsen@allen-vellone.com About GrowlerU Franco, LLC GrowlerU Franco LLC, doing business as Growler USA, owns andoperates a chain of pubs. The Company offers alcoholic beverages and dining services. Based in Centennial, Colorado, GrowlerU Franco LLC filed a Voluntary Petition for Relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Colo. Case no. 19-20102) on Nov. 22, 2019. Jeffrey Weinman, Esq. represents the Debtor as counsel. Allen Vellone Wolf Helfrich & Factor P.C., as special counsel. HIGH RIDGE BRANDS: U.S. Trustee Forms 3-Member Committee -------------------------------------------------------- The U.S. Trustee for Region 3 on Dec. 30, 2019, appointed three creditors to serve on the official committee of unsecured creditors in the Chapter 11 cases of High Ridge Brands Co. and its affiliates. The committee members are: (1) DDJ Capital Management, LLC Attn: Doug Wooden 130 Turner Street Bldg. 3, Suite 6N Waltham, MA 02453 Phone: 781-283-8500 Fax: 781-419-9189 (2) Barings Global Special Situations Credit 3 S.a.r.l Attn: Stephen Johnson 300 South Tryon Street, Suite 2500 Charlotte, NC 28202 Phone: 980-417-5471 (3) Wilmington Trust, National Association Attn: Peter Finkel 50 South 6th Street, Suite 1290 Minneapolis, MN 55402 Phone: 612-217-5629 Fax: 612-217-5651 Official creditors' committees serve as fiduciaries to the general population of creditors they represent. They may investigate the debtor's business and financial affairs. Committees have the right to employ legal counsel, accountants and financial advisors at a debtor's expense. About High Ridge Brands Headquartered in Stamford, Conn., High Ridge Brands Co. -- http://www.highridgebrands.com/-- is one of the largest independent branded personal care companies in the United States by unit volume. It has a portfolio of over 13 brands, serving primarily North American skin cleansing, hair care and oral care markets, including Zest(R), Alberto VO5(R), REACH(R), Firefly(R), Dr. Fresh(R), Coast(R), White Rain(R), LA Looks(R), Zero Frizz(R), Rave(R), Salon Grafix(R), Binaca(R) and Thicker Fuller Hair(R). In addition, High Ridge Brands has relationships with leading entertainment properties through which it has a portfolio of licenses such as Star Wars, Batman, Spiderman, Hello Kitty, and Transformers. It operates an asset-light model, outsourcing its manufacturing needs and has approximately 140 employees. High Ridge Brands and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-12689) on Dec. 18, 2019. At the time of the filing, the Debtors had estimated assets of between $100 million and $500 million and liabilities of between $500 million and $1 billion. Judge Brendan L. Shannon oversees the cases. , The Debtors tapped Young Conaway Stargatt & Taylor, LLP as legal counsel; Debevoise & Plimpton LLP as corporate, finance and litigation counsel; Ankura Consulting Group, LLC as restructuring advisor; and PJT Partners, LP as investment banker; and Prime Clerk, LLC as notice, claims, solicitation and balloting agent. IDEANOMICS INC: Seven Directors Elected to Board ------------------------------------------------ At the Annual Meeting of Shareholders of Ideanomics, Inc. which was held on Dec. 30, 2019, the shareholders elected Alfred Poor, Jerry Fan, Chao Yang, Shane McMahon, James Cassano, Bruno Wu, Harry Edelson, Steven Fadem, and John Wallace to the Company's Board of Directors to hold office for a one-year term until the annual meeting of shareholders in 2020 and until their successors are re-elected and qualified. The shareholders also ratified the selection of BF Borgers CPA PC as independent registered public accounting firm for the fiscal year ending Dec. 31, 2019. About Ideanomics Ideanomics, formerly known as Seven Stars Cloud Group, Inc., is a global fintech advisory and Platform-as-a-Service company. Ideanomics combines deal origination and enablement with the application of blockchain and artificial intelligence technologies as part of the next-generation of financial services. The company is headquartered in New York, NY, and has offices in Beijing, China. It also has a planned global center for technology and innovation in West Hartford, CT, named Fintech Village. Ideanomics reported a net loss of $28.42 million for the year ended Dec. 31, 2018, compared to a net loss of $10.86 million for the year ended Dec. 31, 2017. As of Sept. 30, 2019, Ideanomics had $164.76 million in total assets, $47.26 million in total liabilities, $1.26 million in convertible redeemable preferred stock, and $116.24 million in total equity. B F Borgers CPA PC, in Lakewood, Colorado, the Company's auditor since 2018, issued a "going concern" opinion in its report dated April 1, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company incurred recurring losses from operations, has net current liabilities and an accumulated deficit that raise substantial doubt about its ability to continue as a going concern. INPIXON: Sabby Volatility Has 1.7% Stake as of Dec. 31 ------------------------------------------------------ In a Schedule 13G/A filed with the Securities and Exchange Commission, Sabby Volatility Warrant Master Fund, Ltd., Sabby Management, LLC, and Hal Mintz disclosed that as of Dec. 31, 2019, they beneficially own 1,144,717 shares of common stock of Inpixon, representing 1.73 percent of the shares outstanding. Sabby Management, LLC and Hal Mintz do not directly own any shares of Common Stock, but each indirectly owns 1,144,717 shares of Common Stock. Sabby Management, LLC, a Delaware limited liability company, indirectly owns 1,144,717 shares of Common Stock because it serves as the investment manager of Sabby Volatility Warrant Master Fund, Ltd. Mr. Mintz indirectly owns 1,144,717 shares of Common Stock in his capacity as manager of Sabby Management, LLC. A full-text copy of the regulatory filing is available for free at the SEC's website at: https://is.gd/cZSKIo About Inpixon Headquartered in Palo Alto, California, Inpixon is a technology company that helps to secure, digitize and optimize any premises with Indoor Positioning Analytics (IPA) for businesses and governments in the connected world. Inpixon Indoor Positioning Analytics is based on new sensor technology that finds all accessible cellular, Wi-Fi, Bluetooth and RFID signals anonymously. Paired with a high-performance, data analytics platform, this technology delivers visibility, security and business intelligence on any commercial or government premises worldwide. Inpixon's products, infrastructure solutions and professional services group help customers take advantage of mobile, big data, analytics and the Internet of Things (IoT). Inpixon reported a net loss of $24.56 million for the year ended Dec. 31, 2018, compared to a net loss of $35.03 million for the year ended Dec. 31, 2017. As of Sept. 30, 2019, the Company had $30.49 million in total assets, $19 million in total liabilities, and $11.48 million in total stockholders' equity. Marcum LLP, in New York, the Company's auditor since 2012, issued a "going concern" qualification in its report dated March 28, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company has a significant working capital deficiency, has incurred significant losses and needs to raise additional funds to meet its obligations and sustain its operations. These conditions raise substantial doubt about the Company's ability to continue as a going concern. JUNO USA: Hires Ms. Kibler of Mackinac Partners as CRO ------------------------------------------------------ Juno USA, LP, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ Melissa S. Kibler of Mackinac Partners, LLC, as chief restructuring officer to the Debtors. Juno USA, LP requires Mackinac Partners to: (a) review and analyze the Debtors' financial results, projections and operational data; (b) assist the Debtors in preparing to file petitions for relief and operate as debtors-in-possession under chapter 11 of the Bankruptcy Code; (c) assist with implementation of Court orders; (d) provide information and analysis required to obtain and comply with the terms of the Debtors' usage of cash collateral, post-petition and/or exit financing; (e) develop and implement cash management strategies, tactics, and processes, including developing a short-term cash flow forecasting tool and related reporting; (f) develop the Debtors' wind-down strategy and related forecasts; (g) prepare such financial disclosures as may be required by the Court including the Debtors' schedules of assets and liabilities, statements of financial affairs, and monthly operating reports; (h) monitor accounting and operating procedures to segregate prepetition and post-petition business transactions; (i) participate in meetings and provide support to the Debtors and their other professionals in responding to information requests, communicating with and/or negotiating with lenders, official committees of unsecured creditors, vendors, customers, the U.S. Trustee, other parties in interest, and professionals hired by the same; (j) identify executory contracts and unexpired leases and perform analyses of the financial impact of the assumption or rejection of each, as necessary; (k) participate in claims analysis and reporting, including plan classification modeling and claim estimation; (l) advise senior management and the board of directors in the development, negotiation and implementation of restructuring initiatives and evaluation of strategic alternatives; (m) assist the Debtors with de minimis asset sales and, if necessary, managing a section 363 sale process, including (i) developing a list of potential buyers, (ii) developing materials and documents for potential buyers' review, (iii) assisting the Debtors with the preparation of due Diligence materials, (iv) assisting with the evaluation of offers received, and (v) working with the Debtors and their counsel to prepare asset purchase agreements and related motions to obtain Court approval; (n) prepare information and analysis necessary for the confirmation of a plan, including information contained in the disclosure statement such as a liquidation analysis and range of reorganization values; (o) assist in implementing a chapter 11 plan; (p) render testimony, as requested, about the matters regarding which Mackinac and its personnel are providing services; and (q) provide such other restructuring or advisory services as consistent with the role of Chief Restructuring Officer and/or the above-described services, requested by the Debtors or their counsel, but not duplicative of services provided by other professionals, and agreed to by Mackinac Partners. Mackinac Partners will be paid at these hourly rates: Senior Managing Directors $650 to $800 Managing Directors $550 to $700 Directors $400 to $550 Associates and Analysts $250 to $400 Mackinnac Partners will also be reimbursed for reasonable out-of-pocket expenses incurred. Melissa S. Kibler, a partner at Mackinnac Partners, 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. Mackinnac Partners can be reached at: Melissa S. Kibler MACKINNAC PARTNERS, LLC 74 W Long Lake Road, Suite 405 Bloomfield Hills, MI 48304 Tel: (248) 258-6900 Fax: (248) 258-6913 About Juno USA Juno USA, LP also known as Juno Lab, L.P., was a ride-hailing, mobile application-based transportation network company that operated in New York, New York, where its headquarters are located. Juno launched its mobile application and began offering its services in early 2016. Prior to the Chapter 11 filing, Juno shut down its US operations. The company's website is https://gojuno.com Juno and five debtor affiliates sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 19-12484) on Nov. 19, 2019. In the petition signed by CRO Melissa S. Kibler, the Debtors were each estimated to have $1 million to $10 million in assets, and $100 million to $500 million in liabilities. The case has been assigned to Judge Mary F. Walrath. The Debtors tapped Chipman Brown Cicero & Cole, LLP as bankruptcycounsel; Mackinac Partners, LLC as financial advisor; and Omni Agent Solutions as notice, claims and balloting agent. KHAN AVIATION: Trustee Hires Broker to Sell KRW Investments Assets ------------------------------------------------------------------ Kelly Hagan, the Chapter 11 trustee for KRW Investments, Inc., seeks approval from the U.S. Bankruptcy Court for the Western District of Michigan to hire a real estate broker. In her application, the trustee proposes to employ Cressy Commercial Real Estate to market and sell the properties owned by KRW Investments, an affiliate of Khan Aviation, Inc. These properties include a 29.78-acre vacant land in Aeroplex & JW Parkway and real estate properties in Elkhart, Ind. Cressy will get 6 percent of the gross sales price as commission. If the properties are sold with the aid of an assisting broker, the 6 percent commission will be split between the firm and the assisting broker. Cressy is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The firm maintains an office at: Cressy Commercial Real Estate 4100 Edison Lakes Pkwy, Ste 350 Mishawaka, IN 46545 Phone: 574-271-4060 Fax: 574-271-4292 Email: info@cressy.com About Khan Aviation Khan Aviation, Inc. and its affiliates, GN Investments LLC, KRW Investments Inc., NJ Realty LLC, NAK Holdings LLC, and Sarah Air LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Mich. Case Nos. 19-04261, 19-04262, 19-04264, 19-04266, 19-04267 and 19-04268) on Oct. 8, 2019. The cases are jointly administered with that of Najeeb Ahmed Khan (Bankr. W.D. Mich. Case No. 19-04258), which is the lead case. Judge Scott W. Dales presides over the cases. The Debtors are represented by Robert F. Wardrop, II, Esq., at Wardrop & Wardrop, P.C. Kelly Hagan was appointed as Chapter 11 trustee for the Debtors' bankruptcy estates. The trustee is represented by Hagan Law Offices, PLC. At the time of the filing, the Debtors' estimated assets and liabilities are as follows: Debtors Assets Liabilities ------- -------------------- ---------------------- Khan Aviation $1-mil. to $10-mil. $1-mil. to $10-mil. GN Investments $1-mil. to $10-mil. $100-mil. to $500-mil. KRW Investments $10-mil. to $50-mil. $100-mil. to $500-mil. NJ Realty $1-mil. to $10-mil. $100-mil. to $500-mil. NAK Holdings $1-mil. to $10-mil. $100-mil. to $500-mil. Sarah Air $500,000 to $1-mil. $100-mil. to $500-mil. KHAN AVIATION: Trustee Seeks to Hire Cressy Commercial as Broker ---------------------------------------------------------------- Kelly Hagan, the Chapter 11 trustee for Khan Aviation, Inc., seeks approval from the U.S. Bankruptcy Court for the Western District of Michigan to hire a real estate broker. In her application, the trustee proposes to employ Cressy Commercial Real Estate to market and sell the Debtor's properties, which include ground leases with the Board of Aviation Commissioners and two aircraft hangars in Elkhart Municipal Airport. Cressy will get 6 percent of the gross sales price as commission. If the properties are sold with the aid of an assisting broker, the 6 percent commission will be split between the firm and the assisting broker. Cressy is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The firm maintains an office at: Cressy Commercial Real Estate 4100 Edison Lakes Pkwy, Ste 350 Mishawaka, IN 46545 Phone: 574-271-4060 Fax: 574-271-4292 Email: info@cressy.com About Khan Aviation Khan Aviation, Inc. and its affiliates, GN Investments LLC, KRW Investments Inc., NJ Realty LLC, NAK Holdings LLC, and Sarah Air LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Mich. Case Nos. 19-04261, 19-04262, 19-04264, 19-04266, 19-04267 and 19-04268) on Oct. 8, 2019. The cases are jointly administered with that of Najeeb Ahmed Khan (Bankr. W.D. Mich. Case No. 19-04258), which is the lead case. Judge Scott W. Dales presides over the cases. The Debtors are represented by Robert F. Wardrop, II, Esq., at Wardrop & Wardrop, P.C. Kelly Hagan was appointed as Chapter 11 trustee for the Debtors' bankruptcy estates. The trustee is represented by Hagan Law Offices, PLC. At the time of the filing, the Debtors' estimated assets and liabilities are as follows: Debtors Assets Liabilities ------- -------------------- ---------------------- Khan Aviation $1-mil. to $10-mil. $1-mil. to $10-mil. GN Investments $1-mil. to $10-mil. $100-mil. to $500-mil. KRW Investments $10-mil. to $50-mil. $100-mil. to $500-mil. NJ Realty $1-mil. to $10-mil. $100-mil. to $500-mil. NAK Holdings $1-mil. to $10-mil. $100-mil. to $500-mil. Sarah Air $500,000 to $1-mil. $100-mil. to $500-mil. LAS LOMAS: Case Summary & 20 Largest Unsecured Creditors -------------------------------------------------------- Debtor: Las Lomas Construction, SE Carr 392 KM 2.2 Sect Cerro Alto Bo. Candelaria Lajas, PR 00667 Business Description: Las Lomas Construction is a general contractor based in Lajas, Puerto Rico. It previously sought bankruptcy protection on May 26, 2011 (Bankr. D.P.R. Case No. 11-04774). Chapter 11 Petition Date: January 2, 2020 Court: United States Bankruptcy Court District of Puerto Rico Case No.: 20-00007 Debtor's Counsel: Maria Soledad Lozada, Esq. LOZADA LAW & ASSOC PO Box 9023888 San Juan, PR 00902-3888 Tel: 787-533-1400 E-mail: msl@lozadalaw.com Estimated Assets: $1 million to $10 million Estimated Liabilities: $1 million to $10 million The petition was signed by Pedro LLuch Martinez, president. A copy of the petition containing, among other items, a list of the Debtor's 20 largest unsecured creditors is available at PacerMonitor.com for free at: https://is.gd/88HYqS MACHINE TECH: Hires Boyer Terry LLC as Attorney ----------------------------------------------- Machine Tech, Inc., seeks authority from the U.S. Bankruptcy Court for the Middle District of Georgia to employ Boyer Terry LLC, as attorney to the Debtor. Machine Tech Inc. requires Boyer Terry LLC to: (a) give Debtor legal advice with respect to its powers and duties as Debtor-in- Possession in the continued operation of its business and management of its property; (b) prepare on behalf of Debtor, as Debtor-in-Possession, necessary applications, motions, answers, reports, and other legal papers; (c) continue existing litigation to which Debtor-in-Possession may be a party, and to conduct examinations incidental to the administration of Debtor's estate; (d) take any and all necessary action for the proper preservation and administration of the estate; (e) assist Debtor-in-Possession with the preparation and filing of a Statement of Financial Affairs and schedules and lists as are appropriate; (f) take whatever action is necessary with reference to the use by Debtor of its property pledged as collateral, including cash collateral, to preserve the same for the benefit of Debtor and secured creditors in accordance with the requirements of the Bankruptcy Code; (g) assert, as directed by Debtor, claims that Debtor may have against others; (h) assist Debtor in connection with claims for taxes made by governmental units; and (i) perform other legal services for Debtor, as Debtor-in- Possession, which may be necessary. Boyer Terry LLC will be paid $300 and $340 for each attorney, and $100 per hour for research assistants and paralegals, respectively. Debtor has paid a prepetition advance deposit of $7,535. The amount of $2,652 was applied to prepetition time, and $1,717 was applied to filing fee, leaving a balance of $3,166, which will be held in trust until such time as this Court authorizes payment of compensation. Wesley J. Boyer, partner of Boyer Terry 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. Wesley J. Boyer can be reached at: Wesley J. Boyer, Esq. BOYER TERRY LLC 348 Cotton Avenue, Suite 200 Macon, Georgia 31201 Tel: (478) 742-6481 E-mail: Wes@BoyerTerry.com About Machine Tech Machine Tech, Inc., based in Adel, GA, filed a Chapter 11 petition (Bankr. M.D. Ga. Case No. 19-71340) on Nov. 1, 2019. In the petition signed by Joseph A. Bell, president, the Debtor was estimated to have $100,000 to $500,000 in assets and $1 million to $10 million in liabilities. Wesley J. Boyer, Esq., at Boyer Terry LLC serves as bankruptcy counsel. MAGNOLIA PROPERTIES: Seeks to Hire Judson E. Crump as Counsel ------------------------------------------------------------- Magnolia Properties, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of Alabama to hire Judson E. Crump, PC as its legal counsel. The firm will provide these services in connection with the Debtor's Chapter 11 case: a. advise the Debtor of its powers and duties in the continued operation of its business and management of its property; b. represent the Debtor in lawsuits; c. prepare applications, answers, order, reports and other legal papers; d. perform all other legal services which may be necessary. Judson Crump, Esq., attests that his firm does not represent any interest adverse to the Debtor and its bankruptcy estate. The firm can be reached through: Judson E. Crump, Esq. Judson E. Crump, PC 250 Congress St. Mobile, AL 36603 Phone: +1 251-272-9148 About Magnolia Properties, LLC Based in Theodore, Ala., Magnolia Properties, LLC, filed for Chapter 11 bankruptcy (Bankr. S.D. Ala. Case No. 19-14180) on Nov. 27, 2019, listing under $1 million in both assets and liabilities. Judge Henry A. Callaway oversees the case. Judson E. Crump, Esq., is the Debtor's legal counsel. MAGNUM MRO SYSTEMS: Voluntary Chapter 11 Case Summary ----------------------------------------------------- Debtor: Magnum MRO Systems, Inc. 901 McDonald St., Suite 308 McKinney, TX 75069 Business Description: Magnum MRO Systems, Inc. -- https://www.magnumpg.com/ -- owns and operates a hydraulic repair service center in McKinney, Texas. Its also offers a wide array of heavy truck, industrial and fleet supplies as part of its operations, including hoses & fittings, fluid transmission, replacement filters, chemicals & lubricants, hardware & fasteners, electrical supplies, cutting tools & abrasives, shop supplies, and hand & power tools. Chapter 11 Petition Date: January 3, 2020 Court: United States Bankruptcy Court Eastern District of Texas Case No.: 19-40033 Debtor's Counsel: Mark A. Castillo, Esq. CURTIS | CASTILLO PC 901 Main Street, Suite 6515 Dallas, TX 75202 Tel: 214-752-2222 E-mail: mcastillo@curtislaw.com Estimated Assets: $1 million to $10 million Estimated Liabilities: $1 million to $10 million The petition was signed by Frelon Parmer, CEO. A copy of the petition is available for free at PacerMonitor.com at: https://is.gd/FmnTFj MARINE ENVIRONMENTAL: Seeks More Time to File Bankruptcy Plan ------------------------------------------------------------- Marine Environmental Remediation Group, LLC and MER Group Puerto Rico LLC asked the U.S. Bankruptcy Court for the District of New Jersey to extend the period during which only the companies can file a Chapter 11 plan to April 27 and the period to solicit acceptances for the plan to June 24. The companies need additional time to negotiate a plan and complete the mediation of three central issues to their bankruptcy cases: (1) the companies' multi-million dollar claims against Travelers Property Casualty Company of America; (2) the companies' multi-million dollar claims against Starr Indemnity & Liability Company, and (3) the companies' objections to Starr's asserted liens on more than $1 million of cash proceeds from the sale of their vessel. The resolution of these matters or the inability to resolve them if mediation is not successful will substantially affect the companies' finances and formulation of a plan, according to court filings. About Marine Environmental MER Group -- http://www.mergroupllc.com-- provides ship recycling services at facilities in the United States and Europe. MER claims to have pioneered an environmentally-sensitive process of dismantling obsolete vessels that meets or exceeds all U.S. EPA, OSHA, state and Commonwealth regulations. Marine Environmental Remediation Group LLC and affiliate MER Group Puerto Rico LLC filed voluntary petitions seeking relief under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Lead Case No. 19-18994) on May 1, 2019. In the petitions signed by Martin Vulaj, CEO, the Debtors' estimated $1 million to $10 million in both assets and liabilities. The case is assigned to Judge Vincent F. Papalia. Jeffrey D. Vanacore, Esq., at Perkin Coie LLP, represents the Debtors. MARSHALL BROADCASTING: Hires Fletcher Heald as Special Counsel -------------------------------------------------------------- Marshall Broadcasting Group, Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas (Houston) to hire Fletcher, Heald & Hildreth, P.L.C. as its special counsel. Fletcher will provide the Debtor with legal advice related to issues with the Federal Communications Commission . Because the Debtor is in the television broadcasting business, FCC regulation, compliance, and law is central to its operations. Fletcher's current customary rates generally range from $250 to $500 per hour for attorneys and $225 to $250 per hour for paraprofessionals. The attorneys who will be handling the cases are: Francisco R. Montero Partner $500 Anne Crump Attorney $450 Dan Kirkpatrick Attorney $500 Steve Lovelady Attorney $450 Sharon Wright Paralegal $225 In the one-year period prior to the petition date, Fletcher received payment from the Debtor totaling $115,511.68, of which $8,712.50 remains as of the petition date and is being held as a retainer. Francisco Montero, Esq., member of Fletcher, assures the court that the firm does not represent any interest adverse to the Debtor and its estate. 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, Mr. Montero disclosed that: -- Fletcher has not agreed to any variations from, or alternatives to, its standard or customary billing arrangements for this engagement; -- no Fletcher professional has varied his rate based on the geographic location of the Debtor's bankruptcy case; -- Fletcher's rates and terms for its pre-bankruptcy engagement has not changed postpetition. In accordance with Fletcher's long-time practice every year, the firm's standard hourly rates were last adjusted slightly higher effective Jan. 1, 2018; and -- Fletcher and the Debtor expect to develop a prospective budget and staffing plan for an initial period from the petition date to May 31, 2020, which would subsequently be amended and extended through the duration of the case. The firm can be reached through: Francisco R. Montero, Esq. Fletcher, Heald & Hildreth, PLC 1300 North 17th Street, 11th Floor Arlington, VA 22209 Phone: (703) 812-0400 Fax: (703) 812-0486 Email: montero@fhhlaw.com About Marshall Broadcasting Group, Inc. Marshall Broadcasting Group, Inc. -- https://mbgroup.tv -- is a minority owned television broadcasting company that owns three full power television stations in the United States. Marshall Broadcasting Group, Inc. filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 19-36743) on Dec. 3, 2019. The petition was signed by Pluria Marshall Jr., chief executive officer. At the time of filing, the Debtor estimated $50 million to $100 million in both assets and liabilities. Levene, Neale, Bender, Yoo & Brill L.L.P. is the Debtor's general bankruptcy counsel. MARSHALL BROADCASTING: Hires Levene Neale as Bankruptcy Counsel --------------------------------------------------------------- Marshall Broadcasting Group, Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas to hire Levene, Neale, Bender, Yoo & Brill L.L.P. as its general bankruptcy counsel. The firm will provide these services in connection with the Debtor's Chapter 11 case: a) advise the Debtor concerning its powers and duties in the continued operation of its business and management of its property; b) help protect, preserve and maximize the value of the Debtor's estate; and c) prepare all necessary legal papers, including a Chapter 11 plan and disclosure statement. Levene's current customary hourly rates generally range from $450 to $635 per hour for attorneys and $250 for paraprofessionals. The attorneys who will be handling the cases are: David B. Golubchik, partner $635 Eve H. Karasik, partner $610 John-Patrick M. Fritz, partner $595 Prior to the petition date, the firm received $150,000 as retainer. On Dec. 2, 2019, $35,000 of the retainer was transferred to Gray Reed to fund its retainer, which left Levene with a retainer in the amount of $115,000. David Golubchik, Esq., a partner at Levene, attests that the firm is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. 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, Mr. Golubchik disclosed that: -- Levene has not agreed to any variations from, or alternatives to, its standard or customary billing arrangements for this engagement; -- No Levene professional has varied his rate based on the geographic location of the Debtor's bankruptcy case; -- Levene's rates and terms for its pre-bankruptcy engagement has not changed postpetition; and -- Levene and the Debtor expect to develop a prospective budget and staffing plan for an initial period from the petition date to May 31, 2020, which would subsequently be amended and extended through the duration of the case. The firm can be reached through: David B. Golubchik, Esq. Eve H. Karasik, Esq. John-Patrick M. Fritz, Esq. Levene, Neale, Bender, Yoo & Brill L.L.P. 10250 Constellation Boulevard, Suite 1700 Los Angeles, CA 90067 Tel: (310) 229-1234 Fax: (310) 229-1244 Email: dbg@lnbyb.com ehk@lnbyb.com jpf@lnbyb.com About Marshall Broadcasting Group, Inc. Marshall Broadcasting Group, Inc. -- https://mbgroup.tv -- is a minority owned television broadcasting company that owns three full power television stations in the United States. Marshall Broadcasting Group, Inc. filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 19-36743) on Dec. 3, 2019. The petition was signed by Pluria Marshall Jr., chief executive officer. At the time of filing, the Debtor estimated $50 million to $100 million in both assets and liabilities. Levene, Neale, Bender, Yoo & Brill L.L.P. is the Debtor's general bankruptcy counsel. MARSHALL BROADCASTING: Taps Gray Reed as Local Bankruptcy Counsel ----------------------------------------------------------------- Marshall Broadcasting Group, Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas to hire Gray Reed & McGraw LLP as its local bankruptcy counsel. The Debtor requires Gray Reed to: (a) advise the Debtor concerning its powers and duties in the continued operation of its business and management of its properties; (b) act to help protect, preserve, and maximize the value of the Debtor's estate; (c) prepare all necessary motions, applications, reports, and pleadings in connection with the Debtor's Chapter 11 case, including the preparation and solicitation of one or more chapter 11 plans and disclosure statements and related documents; and (d) perform such other legal services for the Debtor in connection with its bankruptcy case that the Debtor determines are necessary and appropriate. Gray Reed's customary hourly rates range from $315 to $720 for attorneys and from $75 to $300 for paraprofessionals. The attorneys who will be handling the cases are: Jason Brookner Shareholder $720 Lydia Webb Associate $550 Amber Carson Associate $495 London England Associate $315 Jason Brookner, Esq., a partner at Gray Reed, attests that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. 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, Mr. Brookner disclosed that: -- Gray Reed has not agreed to any variations from, or alternatives to, its standard or customary billing arrangements for this engagement; -- no Gray Reed professional has varied his rate based on the geographic location of the Debtor's bankruptcy case; -- Gray Reed has not represented the Debtor in the 12 months prior to its bankruptcy filing; and -- Gray Reed and the Debtor expect to develop a prospective budget and staffing plan for an initial period from the petition date to May 31, 2020, which would subsequently be amended and extended through the duration of the case. The firm can be reached through: Jason S. Brookner, Esq. Gray Reed & McGraw LLP 1601 Elm Street, Suite 4600 Dallas, TX 75201 Tel: (214) 954-4135 Fax: (214) 953-1332 E-mail: jbrookner@grayreed.com About Marshall Broadcasting Group, Inc. Marshall Broadcasting Group, Inc. -- https://mbgroup.tv -- is a minority owned television broadcasting company that owns three full power television stations in the United States. Marshall Broadcasting Group, Inc. filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 19-36743) on Dec. 3, 2019. The petition was signed by Pluria Marshall Jr., chief executive officer. At the time of filing, the Debtor estimated $50 million to $100 million in both assets and liabilities. Levene, Neale, Bender, Yoo & Brill L.L.P. is the Debtor's general bankruptcy counsel. MC CLOUD TRUCKING: Seeks to Hire Gillespie & Murphy as Counsel -------------------------------------------------------------- Mc Cloud Trucking, LLC, seeks approval from the U.S. Bankruptcy Court for the Eastern District of North Carolina to hire Gillespie & Murphy, PA as its legal counsel. The firm will advise the Debtor of its powers and duties under the Bankruptcy Code and will provide other legal services in connection with its Chapter 11 case. The retainer fee is $11,717, of which $1,375 was paid to the firm for its fees while $1,717 was used to pay the filing fee. Jonathan Friesen, Esq., at Gillespie & Murphy, disclosed in court filings that he and his firm neither hold nor represent any interest adverse to the Debtor's bankruptcy estate. Gillespie & Murphy can be reached through: Jonathan E. Friesen, Esq. Gillespie & Murphy, P.A. PO Drawer 888 New Bern, NC 28563 Phone: (252) 636-2225 Fax: (252) 636-0625 Email: jef@gillespieandmurphy.com gmpa@lawyersforchrist.com About Mc Cloud Trucking Mc Cloud Trucking, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.C. Case No. 19-05436) on Nov. 25, 2019. At the time of the filing, the Debtor had estimated assets of between $100,001 and $500,000 and liabilities of between $500,001 and $1 million. The case is assigned to Judge Joseph N. Callaway. The Debtor is represented by Jonathan E. Friesen, Esq., at Gillespie & Murphy, P.A. MEADE INSTRUMENTS: U.S. Trustee Forms 5-Member Committee -------------------------------------------------------- The Office of the U.S. Trustee on Dec. 31, 2019, appointed five creditors to serve on the official committee of unsecured creditors in the Chapter 11 case of Meade Instruments Corp. The committee members are: (1) Delta Marketing or NJ, LLC Michael Dzuany, Managing Member 99 Woodstrong Rd. Rockaway, NJ 07866 Phone: (973) 222-2208 (2) Simulation Curriculum Corp. Michael J. Goodman, President, CEO 11900 Wayzata Blvd., Suite 126 Minnetonka, MN 55305 Phone: (952) 653-0493 (3) Cornerstone Research, Inc. c/o Fernanda Schmid, General Counsel 555 West Fifth Street, 38th Floor Los Angeles, CA 90013 Phone: (213) 553-2557 (4) Seymour Totality Travis Seymour, Owner, Manager 255 S. 800 W #383 Escalante, UT 84726 Phone: (435) 817-3123 (5) Optronic Technologies, Inc. dba Orion Telescopes & Binoculars Peter Moreo, President 89 Hangar Way Watsonville, CA 95076 Phone: (831) 763-7000 Official creditors' committees serve as fiduciaries to the general population of creditors they represent. They may investigate the debtor's business and financial affairs. Committees have the right to employ legal counsel, accountants and financial advisors at a debtor's expense. About Meade Instruments Corp. Meade Instruments Corp. designs and manufactures optical products, including telescopes, cameras, binoculars and sports optics products. Meade Instruments sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 19-14714) on Dec. 4, 2019. At the time of the filing, the Debtor disclosed assets of between $10 million and $50 million and liabilities of the same range. Judge Erithe A. Smith oversees the case. Goe Forsythe & Hodges, LLP is the Debtor's legal counsel. MEDICAL DEVICE: Core Industrial to Auction Assets on Jan. 21 ------------------------------------------------------------ Core Industrial Finance & Capital LLC, as secured creditor of Medical Device Machining LLC, will hold a public auction on Jan. 21, 2020, at 1:00 p.m. (Central Time) at the office of the secured creditor's counsel: Robert E. Richards Dentons US LLP 233 South Wacker Drive, Suite 5900 Chicago, IL 60606 Tel: (312) 876-8000 Email: robert.richards@dentons.com The secured creditor intends to offer the assets in two lots: (i) the machinery and equipment located at the Kalamazoo, Michigan plant, and (ii) all other assets, including all accounts receivables, certifications, tooling and parts, and all machinery and assets located at the Warsaw, Indiana plant. MEGNA REAL: Voluntary Chapter 11 Case Summary --------------------------------------------- Debtor: Megna Real Estate Holdings, Inc. 8740 Winnetka Ave. Northridge, CA 91324-3232 Business Description: Megna Real Estate Holdings, Inc. is primarily engaged in renting and leasing real estate properties. Its principal assets are located at 3751 Lankershim Blvd., Studio City, Los Angeles, California. Chapter 11 Petition Date: January 3, 2020 Court: United States Bankruptcy Court Central District of California Case No.: 20-10010 Judge: Hon. Deborah J. Saltzman Debtor's Counsel: Mark T. Young, Esq. DONAHOE & YOUNG LLP 25152 Springfield Court, Ste. 345 Valencia, CA 91355-1081 Tel: 661-259-9000 Email: myoung@donahoeyoung.com Estimated Assets: $1 million to $10 million Estimated Liabilities: $1 million to $10 million The petition was signed by Mahmud Ulkarim, president. The Debtor stated it has no unsecured creditors. A copy of the petition is available for free at PacerMonitor.com at: https://is.gd/fgVhNp MENDENHALL AUCTION: Bankruptcy Administrator to Form Committee -------------------------------------------------------------- William Miller, U.S. bankruptcy administrator, on Dec. 31, 2019, filed with the U.S. Bankruptcy Court for the Middle District of North Carolina a notice of opportunity to serve on the official committee of unsecured creditors in Mendenhall Auction Company's Chapter 11 case. Unsecured creditors willing to serve on the committee are required to file a response within 10 days from Dec. 31. An organizational meeting will be scheduled after the committee is appointed, according to the filing. Mr. Miller can be reached through: Susan O. Gattis Bankruptcy Analyst 101 S. Edgeworth Street Greensboro, NC 27401 Fax: 336-291-9913 Email: susan_gattis@ncmba.uscourts.gov About Mendenhall Auction Company Mendenhall Auction Company sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D.N.C. Case No. 19-11406) on Dec. 30, 2019. At the time of the filing, the Debtor disclosed assets of between $100,001 and $500,000 and liabilities of the same range. Judge Benjamin A. Kahn oversees the case. The Debtor tapped Dirk W. Siegmund, Esq., at the Law Firm of Ivey, McClellan, Gatton & Siegmund, LLP, as its legal counsel. MODERN POULTRY: Seeks to Hire Chad Curvin as Auctioneer ------------------------------------------------------- Modern Poultry Systems, LLC, seeks authority from the U.S. Bankruptcy Court for the Northern District of Alabama to employ Chad Curvin Auction Solutions, LLC, as auctioneer to the Debtor. Modern Poultry requires Chad Curvin to conduct a public auction at the best price in order to liquidate certain personal property to fund Debtor's Liquidation Plan. Chad Curvin will be paid a commission of 10% of the net sales price. Chad Curvin will be paid 90$ per hour for consulting services. Chad Curvin will also be reimbursed for reasonable out-of-pocket expenses incurred. Chad Curvin, partner of Chad Curvin Auction Solutions, 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. Chad Curvin can be reached at: Chad Curvin CHAD CURVIN AUCTION SOLUTIONS, LLC P.O. Box 598 Alexandria, AL 36250 Tel: (256) 453-0635 About Modern Poultry Systems Modern Poultry Systems, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ala. Case No. 19-40259) on Feb. 19, 2019. At the time of the filing, the Debtor was estimated to have assets of less than $1 million and liabilities of less than $500,000. The case is assigned to Judge James J. Robinson. Tameria S. Driskill, LLC, is the Debtor's legal counsel. MURRAY ENERGY: U.S. Trustee Forms 3-Member Retiree Committee ------------------------------------------------------------ The U.S. Trustee for Region 9 on Dec. 31, 2019, appointed three retired workers of Murray Energy Holdings Co. to serve on the official committee of retirees in the company's Chapter 11 case. The retiree committee members are: (1) Benjamin Harris (2) Sharon S. Myer (3) Samuel Louis Uveges About Murray Energy Headquartered in St. Clairsville, Ohio, Murray Energy -- http://murrayenergycorp.com/-- is the largest privately owned coal company in the United States, producing approximately 76 million tons of high quality bituminous coal each year, and employing nearly 7,000 people in the United States, Colombia and South America. Murray Energy now operates 15 active mines in five regions in the United States, plus two mines in Colombia, South America. It operates 12 underground longwall mining systems, 42 continuous mining units, 10 transloading facilities, and five mining equipment factory and fabrication facilities. Murray Energy and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Ohio Lead Case No. 19-56885) on Oct. 29, 2019. At the time of the filing, the Debtors disclosed assets of between $1 billion and $10 billion and liabilities of the same range. The cases have been assigned to Judge John E. Hoffman Jr. The Debtors tapped Kirkland & Ellis LLP and Kirkland & Ellis International LLP as general bankruptcy counsel; Dinsmore & Shohl LLP as local counsel; Evercore Group L.L.C. as investment banker; Alvarez and Marsal L.L.C. as financial advisor; and Prime Clerk LLC as notice and claims agent. The U.S. Trustee for Region 9 appointed creditors to serve on the official committee of unsecured creditors on Nov. 7, 2019. The committee tapped Morrison & Foerster LLP as legal counsel; AlixPartners, LLP as financial advisor; and Vorys, Sater, Seymour and Pease LLP as local counsel. NEOVASC INC: Will Raise $10-Mil. Through At-The-Market Offering --------------------------------------------------------------- Neovasc Inc. has entered into definitive agreements with certain institutional investors for the sale of an aggregate of 2,418,322 series A units and series B units at a price of US$4.1351 per Series A Unit and US$4.135 per Series B Unit in a registered direct offering priced at-the-market under Nasdaq rules for aggregate gross proceeds to the Company of approximately US$10 million, before deducting placement agent's fees and estimated expenses of the Offering payable by the Company. The Offering is expected to close on or about Jan. 6, 2020, subject to customary closing conditions. H.C. Wainwright & Co. is acting as the exclusive placement agent for the Offering. Each Series A Unit will consist of one common share of the Company and one warrant to purchase one common share. Each Warrant will entitle the holder to acquire one common share of the Company at a price of US$4.1351 at any time prior to the date which is four years following the date of issuance. Each Series B Unit will consist of one pre-funded warrant of the Company and one Warrant. Each Pre-Funded Warrant will entitle the holder to acquire one common share of the Company at a price of US$0.0001 at any time until the exercise in full of each Pre-Funded Warrant. Neovasc intends to use the net proceeds from the Offering for the development and commercialization of the Neovasc Reducer, development of the Tiara and general corporate and working capital purposes. The Units and the securities comprising the Units are being offered pursuant to a shelf registration statement (including a prospectus) previously filed with and declared effective by the Securities and Exchange Commission on July 12, 2018 and will be qualified for distribution in each of the provinces of British Columbia, Alberta, Saskatchewan, Manitoba and Ontario by way of a final prospectus supplement to the Company's base shelf prospectus dated July 12, 2018. Neovasc will offer and sell the securities in the United States only. No securities will be offered or sold to Canadian purchasers. Closing of the Offering will be subject to customary closing conditions, including listing of the Unit Shares, Pre-Funded Warrant Shares and Warrant Shares on the Toronto Stock Exchange and the Nasdaq Capital Market and any required approvals of each exchange. For the purposes of the TSX approval, the Company intends to rely on the exemption set forth in Section 602.1 of the TSX Company Manual, which provides that the TSX will not apply its standards to certain transactions involving eligible interlisted issuers on a recognized exchange, such as the Nasdaq. About Neovasc Inc. Based in Richmond, British Columbia, Neovasc Inc. -- http://www.neovasc.com/-- is a specialty medical device company that develops, manufactures and markets products for the rapidly growing cardiovascular marketplace. Its products include the Neovasc Reducer, for the treatment of refractory angina, which is not currently available in the United States and has been available in Europe since 2015, and the Tiara, for the transcatheter treatment of mitral valve disease, which is currently under clinical investigation in the United States, Canada and Europe. Neovasc reported a net loss of US$108.04 for the year ended Dec. 31, 2018, compared to a net loss of US$22.90 million for the year ended Dec. 31, 2017. As of March 31, 2019, Neovasc had US$16.09 million in total assets, US$18.89 million in total liabilities, and a total deficit of US$2.80 million. Grant Thornton LLP, in Vancouver, BC, the Company's auditor since 2002, issued a "going concern" opinion in its report on the Company's consolidated financial statements for the year ended Dec. 31, 2018, stating that the Company incurred a net loss of US$108.04 million during the year ended Dec. 31, 2018, and as of that date, the Company's liabilities exceeded its assets by US$9.67 million. These conditions, along other matters, raise substantial doubt about the Company's ability to continue as a going concern. OPTIMIZED LEASING: Plan Filing Deadline Extended to February ------------------------------------------------------------ The U.S. Bankruptcy Court for the Southern District of Florida, Miami Division, convened a hearing on December 4, 2019 upon the motion of debtor Optimized Leasing, Inc. for further extension of time to file Amended Plan and Amended Disclosure Statement. On Dec. 9, 2019, Judge A. Jay Cristol granted the motion and ordered that: * The date fixed for the Debtor to file an amended plan of reorganization and an amended disclosure statement is further extended through and including the date that is 60 days from the date of this Order. * The extension is without prejudice to the Debtor's right to seek further extensions of the time. The Debtor is represented by: Elena Paras Ketchum Stichter, Riedel, Blain & Postler, P.A. 110 E. Madison Street, Suite 200 Tampa, FL 33602 Tel: (813) 229-0144 E-mail: eketchum@srbp.com About Optimized Leasing Optimized Leasing, Inc., a company headquartered in Miami, Fla., is in the trucking business. The company utilizes its various semi-trucks and trailers (some equipped with ThermoKing refrigeration units) to transport flowers, fruits, vegetables and other perishable items throughout the U.S. Optimized Leasing sought Chapter 11 protection (Bankr. S.D. Fla. Case No. 18-10746) on Jan. 21, 2018. In the petition signed by CFO Ronen Koubi, the Debtor was estimated to have $10 million to $50 million in assets and liabilities. Judge Jay A. Cristol oversees the case. The Debtor tapped Stichter Riedel Blain & Postler, P.A., as its bankruptcy counsel; and Bill Maloney Consulting as its financial advisor. P&D INVESTMENTS: Trustee Taps Greenspoon Marder as Legal Counsel ---------------------------------------------------------------- Michael Bakst, Chapter 11 trustee for P&D Investments, LLC, seeks approval from the U.S. Bankruptcy Court for the Southern District of Florida to retain Greenspoon Marder, LLP as his legal counsel. Greenspoon Marder will assist the trustee in his efforts to recover assets of the Debtor's bankruptcy; conduct examinations; and represent the trustee in contested matters or adversary proceedings. Greenspoon Marder is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached at: Michael R. Bakst, Esq. Greenspoon Marder, LLP 100 West Cypress Creek Road, Suite 700 Fort Lauderdale, FL 33309 Tel: (954) 527-2405 Fax: (954) 333-4005 Email: baksttrustee@gmlaw.com About P&D Investments P&D Investments LLC, PCD Investments LLC and Whale Cay Group Limited were established to acquire and develop real estate properties in The Bahamas. P&D Investments and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Lead Case No. 19-18740) on June 28, 2019. At the time of the filing, P&D Investments and PCD Investments had estimated assets of between $1 million and $10 million and liabilities of between $10 million and $50 million. Meanwhile, Whale Cay Group disclosed assets of between $10 million and $50 million and liabilities of the same range. The cases have been assigned to Judge Scott M. Grossman. The Debtors tapped Patrick S. Scott, Esq., at GrayRobinson, P.A., as their legal counsel. Michael Bakst was appointed as Chapter 11 trustee. He is represented by Greenspoon Marder, LLP. PATRICIAN HOTEL: U.S. Trustee Unable to Appoint Committee --------------------------------------------------------- The U.S. Trustee, until further notice, will not appoint an official committee of unsecured creditors in the Chapter 11 cases of Patrician Hotel, LLC and its affiliates, 3621 Acquisition LLC, GAIJ LLC and All Seasons 408 LLC, according to the case dockets. About Patrician Hotel Based in Miami Beach, Fla., Patrician Hotel, LLC and three affiliates, 3621 Acquisition LLC, GAIJ LLC and All Seasons 408 LLC, filed voluntary petitions under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Lead Case No. 19-25290) on Nov. 14, 2019. At the time of the filing, Patrician Hotel disclosed less than $50,000 in assets and less than $50,000 in liabilities. Judge Robert A. Mark oversees the cases. Robert F. Reynolds, Esq., at Slatkin & Reynolds, P.A., represents the Debtors as counsel. PAUL SMITH: Ohio Wants Info on Plan Payments of Tax Debt -------------------------------------------------------- State of Ohio, Department of Taxation provides its objection to the Disclosure Statement and Plan of Reorganization filed by Debtor Paul Smith Jr., DDS, Inc. on October 30, 2019. According to the ODT, the 10/30 Disclosure Statement provides no means for ODT to determine how much it, or any other claim holder, will be paid under Debtor's Plan of Reorganization or when it will be paid. Without such understanding, ODT cannot make an informed decision as to whether it should approve the 10/30 Disclosure Statement or the Plan, assuming its claims are in fact impaired. It adds that the 10/30 Disclosure Statement does not include information regarding whether Debtor continues to intend to make payments in the amounts or for the periods set forth in the 10/7 Plan. If Debtor does intend to make such payments in such amounts, ODT also questions whether such payments would be proper should all of the debt be paid as Class Three Priority Tax Debt. As IRS and ODT would be paid in the same class, payments based on the pro-rata share of available funds would be appropriate. Without an understanding what is owed, or what creditors will be paid, over what period, neither the Court nor ODT or any other creditor can determine if the Plan of Reorganization provides to each member of each class a recovery that has a value that is at least equal to the distribution which such member would receive if the Debtor were liquidated on the Effective Date under Chapter 7 of the Code. The 10/30 Disclosure Statement does not provide for the payment of ODT's claim filed under 11 USC Sec. 507(a)(8) as required in 11 USC Sec. 1129(a)(9)(C). No payment terms are disclosed at all in the 10/30 Disclosure Statement, and to the extent that payment terms are included in the 10/30 Disclosure Statement, ODT has not agreed such treatment of Claim No. 2. A full-text copy of ODT's objection is available at https://tinyurl.com/rot7s8r from PacerMonitor.com at no charge. The Chapter 11 case is In re Paul Smith Jr., DDS., Inc. (Bankr. N.D. Ohio Case No. 19-11251). The case is pending before Judge Athur I. Harris. PEAK SERUM: U.S. Trustee Unable to Appoint Committee ---------------------------------------------------- The Office of the U.S. Trustee on Dec. 30, 2019, disclosed in a court filing that no official committee of unsecured creditors has been appointed in the Chapter 11 case of Peak Serum, Inc. About Peak Serum Headquartered in Wellington, Colo., Peak Serum, Inc. is a privately owned and independent supplier of life science laboratory products. Its core focus is Fetal Bovine Serum (FBS) for cGMP / clinical trial research and diagnostics applications. The Company offers a wide range of 100% US Origin and USDA-Approved FBS products for all levels of research compliance. Peak Serum sought Chapter 11 protection (Bankr. D. Colo. Case No. 19-19802) on Nov. 13, 2019. At the time of filing, the Debtor recorded total assets at $956,300 and total liabilities at $3,580,644. The petition was signed by Thomas Kutrubes, president and chief executive officer. The Hon. Joseph G. Rosania Jr. is the case judge. Wadsworth Garber Warner Conrardy, P.C. is the Debtor's legal counsel. PES HOLDINGS: Fine-Tunes Equitization/Sale Plan ----------------------------------------------- PES Holdings, LLC and certain of its direct and indirect subsidiaries and affiliates submitted a First Amended Disclosure Statement to further fine-tune the disclosure statement explaining their two-prong plan. Through the Plan, the Debtors will, among other things, consummate one of two alternative and mutually exclusive transactions to maximize the value of the estate, ultimately effectuating the option that offers the best returns for the allowed claims. The Equitization Restructuring contemplates a transaction and reorganization under which the New PES Interests are distributed to certain Holders of Allowed Claims as the primary form of consideration. Alternatively, the Debtors may consummate an Asset Sale Restructuring whereby the Debtors would sell all, substantially all, or certain of their assets Each Holder of a General Unsecured Claim in Class 5 will receive its Pro Rata share of (i) if an Equitization Restructuring occurs, the GUC Equitization Reserve; and (ii) if an Asset Sale Restructuring occurs, the Distribution Proceeds as provided in Article VIII.H of the Plan. Any such distributions on account of Term Loan Deficiency Claims shall be made in accordance with section 7.03 of the Term Loan Credit Agreement. Following payment in full of all Allowed Term Loan Claims and Allowed Intermediation Secured Claims as set forth in Article II and Article III of the Plan, and after funding of the Wind-Down Reserve, the Other Secured Claims Reserve, and the Priority Claims Reserve, the Plan Administrator shall establish and thereafter maintain the GUC Distribution Reserve in a separate, segregated account by depositing the Distribution Proceeds allocated General Unsecured Claims and the Subordinated Remaining Volume Claim in accordance with Article VIII of the Plan, into the GUC Distribution Reserve. The GUC Distribution Reserve shall be used to pay Allowed General Unsecured Claims on a Pro Rata basis, provided that the Plan Administrator may, in his sole discretion and, upon complete satisfaction of the Allowed General Unsecured Claim, the Subordinated Remaining Volume Claim on a Pro Rata Basis, provided that Distribution Proceeds in the GUC Distribution Reserve shall only be used to pay the Allowed Subordinated Remaining Volume Claim to the extent Allowed General Unsecured Claims have been paid in full pursuant to Article VIII.D of the Plan, provided, further, that the Plan Administrator may, in his sole discretion, upon five Business Days notice to the Bankruptcy Court, donate the funds in the GUC Distribution Reserve to a suitable charitable organization (for example, the American Bankruptcy Institute Endowment Fund, CARE, or similar organization) without any further action or order of the Bankruptcy Court if distribution of the funds to Holders of Allowed General Unsecured Claims on a Pro Rata basis is not feasible, and such distribution would not satisfy the outstanding Allowed General Unsecured Claims such that the Allowed Subordinated Remaining Volume Claim would receive a recovery. Jan. 30, 2020 at 9:30 a.m. (prevailing Eastern Time) is the date and time for the hearing at which the Court will consider confirmation of the Plan. A black-lined copy of the First Amended Disclosure Statement dated Dec. 11, 2019, is available at https://tinyurl.com/rafub4l from PacerMonitor.com at no charge. About PES Holdings Headquartered in Philadelphia, Pennsylvania, PES Holdings LLC and its subsidiaries are owners and operators of oil refining complex and have been continuously operating in some form for over 150 years. PES Energy Inc. is the indirect parent company of Philadelphia Energy Solutions Refining and Marketing LLC (PESRM). PESRM owns and operates the Point Breeze and Girard Point oil refineries located on an integrated, 1,300-acre refining complex in Philadelphia. On Jan. 21, 2018, the Debtors filed petitions for relief under the Bankruptcy Code, and emerged from bankruptcy in August the same year. On June 21, 2019, the Debtors suffered a historic, large-scale, catastrophic incident involving an explosion at the alkylation unit at their Girard Point refining facility. Following the incident, the refinery has not been operational and will require an extensive rebuild. As a result of the explosion, PES Holdings, LLC, along with seven subsidiaries, including PES Energy, returned to Chapter 11 bankruptcy (Bankr. D. Del. Lead Case No. 19-11626) on July 21, 2019. PES Holdings was estimated to have $1 billion to $10 billion in assets and the same range of liabilities as of the bankruptcy filing. The Debtors tapped Kirkland & Ellis LLP as general bankruptcy counsel; Pachulski Stang Ziehl & Jones LLP as local bankruptcy counsel; PJT Partners LP as financial advisor; and Alvarez & Marsal North America, LLC, as restructuring advisor. Omni Management Group, Inc., is the notice and claims agent. The Company's proposed DIP financing lenders are represented by Davis Polk & Wardwell LLP and Houlihan Lokey Capital, Inc. The Official Committee of Unsecured Creditors formed in the case has retained Conway MacKenzie, Inc., as financial advisor, Elliott Greenleaf, P.C., as Delaware counsel, and Brown Rudnick LLP as bankruptcy counsel. PETROLIA ENERGY: Incurs $413,600 Net Loss in 1st Quarter of 2019 ---------------------------------------------------------------- Petrolia Energy Corporation filed with the Securities and Exchange Commission its Quarterly Report on Form 10-Q disclosing a net loss of $413,600 on total revenue of $819,340 for the three months ended March 31, 2019, compared to a net loss of $35.15 million on total revenues of $29,980 for the three months ended March 31, 2018. As of March 31, 2019, the Company had $12.58 million in total assets, $5.02 million in total liabilities, and $7.56 million in total stockholders' equity. The financial condition of the Company has not changed significantly throughout the period from Dec. 31, 2018, to March 31, 2019. As of March 31, 2019, the Company had total current assets of $338,411. Its total current liabilities as of March 31, 2019 were $2,736,319. The Company had negative working capital of $2,397,908 as of March 31, 2019. The Company's material asset balances are made up of oil and gas properties and related equipment. Its most significant liabilities are accounts payable and accrued liabilities, including amounts due to related parties, mainly consisting of accrued officer salaries of $1,840,239, in addition to asset retirement obligations and note payables of $1,546,386 and $1,640,375, respectively. Net cash used in operating activities was $190,283 and $309,075 for the three months ended March 31, 2019 and 2018, respectively. The decrease was primarily due to reductions in net loss. Net cash provided by investing activities was $120,000 and $3,784 for the three months ended March 31, 2019 and 2018, respectively. The increase was primarily due to the funds used to acquire the Canadian Properties. Net cash provided by financing activities was $67,188 and $231,880 for the three months ended March 31, 2019 and 2018, respectively. The decrease was primarily due to repayments of the notes payable of $156,330. Additionally, during the three-month period ended March 31, 2019, the Company did not sell securities, while the Company raised $238,675 during the prior comparative period through the sale of securities. Petrolia Energy said, "The Company continues to operate at a negative cash flow of approximately $35,000 per month which raises substantial doubt about our ability to continue as a going concern. Management is pursuing several initiatives to secure funding to increase production at both the SUDS and TLSAUs fields which together with anticipated increases in the price of crude oil may reduce the Company's monthly cash shortfall. The total amount required by the Company to accomplish this objective is approximately $500,000. The sale of the NOACK field and the addition of the revenue from our 28% ownership of the Canadian Properties has enhanced cashflow and allowed the Company to allocate funds for SUDS and TLSAU development plans. The Company has resumed workover activities at SUDS and TLSAU and expects progress to continue past the first quarter of 2020, funding permitting. "The Company has suffered recurring losses from operations. These conditions raise substantial doubt about the Company's ability to continue as a going concern. We plan to generate profits by working over existing wells and drilling productive oil or gas wells. However, we will need to raise additional funds to workover or drill new wells through the sale of our securities, through loans from third parties or from third parties willing to pay our share of drilling and completing the wells. We do not have any commitments or arrangements from any person to provide us with any additional capital. If additional financing is not available when needed, we may need to cease operations. There can be no assurance that we will be successful in raising the capital needed to drill oil or gas wells nor that any such additional financing will be available to us on acceptable terms or at all. Any wells which we may drill may not be productive of oil or gas. Management believes that actions presently being taken to obtain additional funding provide the opportunity for the Company to continue as a going concern." A full-text copy of the Form 10-Q is available for free at the SEC's website at: https://is.gd/tXvPGW About Petrolia Headquartered in Houston, Texas, Petrolia Energy Corporation -- http://www.petroliaenergy.com/-- is an international oil & gas company. Petrolia explores energy development potential in oil, gas, solar and wind. The Company's core focus is on implementing cutting edge technology, including its own ground-breaking proprietary technologies, to improve recoverability of existing oil and gas fields. Petrolia reported a net loss of $38.02 million for the year ended Dec. 31, 2018, following a net loss of $3.26 million for the year ended Dec. 31, 2017. M&K CPAS, PLLC, in Houston, Texas, the Company's auditor since 2019, issued a "going concern" qualification in its report dated Oct. 15, 2019, on the consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company suffered a net loss from operations and has a net capital deficiency, which raise substantial doubt about its ability to continue as a going concern. PHUNWARE INC: Blythe Masters Appointed to Board of Directors ------------------------------------------------------------ Phunware, Inc. has appointed Blythe Masters to its Board of Directors. On Dec. 26, 2019, the Board increased the size of the Board to eight directors, comprised of three Class I directors, two Class II directors, and three Class III directors. Blythe was appointed to fill the vacancy caused by the creation of an additional Class I director seat. She will serve as a Class I director with a term expiring at the 2022 annual meeting of stockholders and until her successor has been duly elected and qualified. The Board has affirmatively determined that Ms. Masters is an independent director pursuant to Nasdaq's governance listing standards. Blythe Masters is an experienced financial services and technology executive and currently an Industry Partner at the private equity and venture capital firm Motive Partners. She is the former CEO of Digital Asset - provider of the world's leading smart contract language DAML - which she led from a startup in 2015 until 2018, serving customers including the Australian Securities Exchange (ASX). She is Chair Emeritus of the Governing Board of the Linux Foundation's open source Hyperledger Project, International Advisory Board Member of Santander Group, Board Member of OpenBank and Advisory Board Member of the United States Chamber of Digital Commerce, Figure Technologies - the blockchain-powered consumer financial products company - and the residential mortgage exchange, Maxex. Blythe was previously a senior executive at J.P. Morgan, which she left after 27 years in 2014, following the successful sale of the physical commodities business which she built. Blythe was a member of the Corporate & Investment Bank Operating Committee and the firm's Executive Committee. Positions at J.P. Morgan included Head of Global Commodities, Head of Corporate & Investment Bank Regulatory Affairs, CFO of the Investment Bank, Head of Global Credit Portfolio and Credit Policy & Strategy, Head of North American Structured Credit Products, Co-Head of Asset Backed Securitization and Head of Global Credit Derivatives Marketing. Blythe is a past Chair of the Global Financial Markets Association (GFMA), the Securities Industry & Financial Markets Association (SIFMA) and the public consumer finance company Santander Consumer Holdings Inc. (NYSE: SC). Blythe is currently Co-Chair of the Global Fund for Women, Vice Chair of ID2020, Advisory Board Member and past Board Member of the Breast Cancer Research Foundation, Board Member of the Feminist Institute, and former Chair of the Greater New York City Affiliate of Susan G. Komen for the Cure. Blythe holds a Bachelor of Arts degree in Economics from the University of Cambridge. "We are incredibly excited and honored to have appointed Blythe to our Board of Directors," said Alan S. Knitowski, president, chief executive officer and co-founder of Phunware. "Her background on Wall Street and her operational credentials and pedigree speak for themselves." The Phunware Board of Directors unanimously approved the appointment of Blythe Masters as the Company's Certified Financial Expert, including her appointment as Chair of the Audit Committee and Member of the Compensation Committee. "I am looking forward to helping Phunware become a household name on both Wall Street and Main Street," said Blythe Masters. "The Company sits at the intersection of mobile, cloud, big data and blockchain and I look forward to contributing to its efforts in becoming the global enterprise platform standard for Fortune 1000 digital transformation initiatives." Ms. Masters' compensation for service as a non-employee director will be consistent with that of the Company's other non-employee directors, subject to proration to reflect the commencement date of her service on the Board. About Phunware Headquartered in Austin, Texas, Phunware, Inc. -- http://www.phunware.com-- is a Multiscreen-as-a-Service (MaaS) company, a fully integrated enterprise cloud platform for mobile that provides companies the products, solutions, data and services necessary to engage, manage and monetize their mobile application portfolios and audiences globally at scale. Phunware helps brands create category-defining mobile experiences, with more than one billion active devices touching its platform each month. Phunware incurred a net loss of $9.80 million in 2018 following a net loss of $25.93 million in 2017. As of Sept. 30, 2019, the Company had $30.42 million in total assets, $23.94 million in total liabilities, and $6.48 million in total stockholders' equity. Marcum LLP, in New York, the Company's auditor since 2017, issued a "going concern" qualification in its report dated March 19, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company has a significant working capital deficiency, has incurred significant losses and needs to raise additional funds to meet its obligations and sustain its operations. These conditions raise substantial doubt about the Company's ability to continue as a going concern. PINNACLE ASSET: Seeks to Hire Dal Lago Law as Counsel ----------------------------------------------------- Pinnacle Asset Trust LLC seeks authority from the U.S. Bankruptcy Court for the Middle District of Florida to employ Dal Lago Law, as counsel to the Debtor. Pinnacle Asset requires Dal Lago Law to: a. provide the Debtor with legal advice and counsel with respect to: (i) its rights, duties, and powers in this Case; and (ii) compliance with the Bankruptcy Code, Bankruptcy Rules, Local Rules of this Court, and all Orders issued by the Bankruptcy Court; b. prepare, on behalf of the Debtor, all necessary pleadings, motions, applications, reports, and other legal papers as may be necessary in furtherance of the Debtor's interests and objectives in the Case; c. prosecute and defend any causes of action on behalf of the Debtor where special counsel is deemed unnecessary; d. assist in the formulation of a plan of reorganization or liquidation, and accompanying disclosure statement, and advise the Debtor with regard to same; e. assist the Debtor in considering and requesting the appointment of a trustee or examiner, should such action become necessary; f. consult with the Office of the U.S. Trustee concerning the administration of the Debtor's estate; g. represent the Debtor at hearings and other judicial proceedings; and h. perform such other legal services as may be required, and as are deemed to be in the best interest of the Debtor, in accordance with the powers and duties afforded to the Debtor under the Bankruptcy Code. Dal Lago Law will be paid at these hourly rates: Attorneys $370 Paraprofessionals $165 to $280 Prior to the commencement of this Case, Dal Lago Law received a pre-petition retainer payment from the Debtor's principal in the amount of $9,043.50. Dal Lago Law will also be reimbursed for reasonable out-of-pocket expenses incurred. Michael R. Dal Lago, a partner at Dal Lago Law, 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. Dal Lago Law can be reached at: Michael R. Dal Lago, Esq. DAL LAGO LAW 999 Vanderbilt Beach Road, Suite 200 Naples, FL 34108 Tel: 239-571-6877 E-mail: mike@dallagolaw.com About Pinnacle Asset Trust Pinnacle Asset Trust LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-09908) on Oct. 18, 2019. In the petition signed by Harry Zea (owner and as Trustee of the Rohar Trust), the Debtor disclosed assets of less than $1 million and debts under $500,000. The Debtor is represented by Michael R. Dal Lago, Esq., at Dal Lago Law. POLA SUPERMARKET: Seeks to Extend Exclusivity Period to April 9 --------------------------------------------------------------- Pola Supermarket Corp. and its affiliates asked the U.S. Bankruptcy Court for the Southern District of New York to extend the exclusivity period to file a Chapter 11 plan to April 9 and the period to solicit acceptances for the plan to June 10. The companies said they need more time to complete the intended sale of their assets and formulate a plan of reorganization. About Pola Supermarket Corp. Pola Supermarket Corp. and its subsidiaries own and operate supermarkets. Pola Supermarket, C&N New York Food Corporation and Melin Food Corporation filed Chapter 11 petitions (Bankr. S.D.N.Y. Lead Case No. 19-12971) on Sept. 14, 2019. The petitions were signed by Candido H. DeLeon, president. The cases are assigned to Judge Shelley C. Chapman. At the time of the filing, Pola Supermarket estimated $1 million to $10 million in both assets and liabilities. C&N New York estimated $2,381,800 in total assets and $802,921 in liabilities while Melin Food estimated $600,000 in assets and $149,907 in liabilities. The Debtors are represented by J. Ted Donovan, Esq., at Goldberg Weprin Finkel Goldstein LLP. PUERTO RICO HOSPITAL: Hires KPM Realty as Real Estate Broker ------------------------------------------------------------ Puerto Rico Hospital Supply, Inc., seeks authority from the U.S. Bankruptcy Court for the District of Puerto Rico to employ KPM Realty Advisors, Inc. d/b/a Cushman & Wakefield/Property Concepts Commercial, as real estate broker to the Debtor. Puerto Rico Hospital requires KPM Realty to procure the sale of Debtor's warehouse and office building located at PR Road 860, Carolina, PR. KPM Realty will be paid a commission of 5% of the sales price. To the best of the Debtor's knowledge 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. KPM Realty can be reached at: KPM Realty Advisors, Inc. d/b/a Cushman & Wakefield Property Concepts Commercial 255 Calle Canals San Juan, PR 00907 Tel: (787) 977-7373 About Puerto Rico Hospital Supply Puerto Rico Hospital Supply, Inc., distributes medical supplies in Puerto Rico. Customed Inc., founded in 1991, manufactures surgical appliances and supplies. Puerto Rico Hospital Supply, Inc. and Customed, Inc., filed voluntary Chapter 11 petitions (Bankr. D.P.R. Case Nos. 19-01022 and 19-01023) on Feb. 26, 2019. The petitions were signed by Felix B. Santos, president. The cases are assigned to Judge Enrique S.Lamoutte Inclan. At the time of the filing, Puerto Rico Hospital estimated $50 million to $100 million in assets and $10 million to $100 million in liabilities while Customed, Inc. estimated $10 million to $50 million in both assets and liabilities. Alexis Fuentes Hernandez, Esq., at Fuentes Law Offices, represents the Debtors. PULMATRIX INC: Signs Licensing Agreement with Johnson & Johnson --------------------------------------------------------------- Pulmatrix, Inc. has entered into a licensing and development agreement with Johnson & Johnson Enterprise Innovation, Inc. Through the agreement, the Lung Cancer Initiative at Johnson & Johnson gains an option to access a portfolio of narrow spectrum kinase inhibitors intended for development in lung cancer interception. "Pulmatrix's iSPERSE platform has the ability to enhance the safety and efficacy profile of promising drug candidates," said Ted Raad, chief executive officer of Pulmatrix. "We applied the iSPERSE technology to RV1162/PUR1800, the lead in-licensed inhibitor and helped unlock its clinical potential by improving the product's profile from the original formulation. In 2020, we anticipate clinical data from the first of these inhibitors in a disease area with significant unmet medical need. We look forward to collaborating with the Lung Cancer Initiative at Johnson & Johnson as we advance this important program. Additionally, in 2020, we anticipate data from our phase 2 Pulmazole program and we plan to introduce new proprietary, wholly owned iSPERSE enabled 505(b)(2) assets to our pipeline." Under the terms of the agreement, the Lung Cancer Initiative will pay a $7.2 million upfront payment and an additional $2 million milestone payment upon completion of the ongoing Phase 1b study of RV1162/PUR1800 in stable COPD patients, on-track for year-end 2020. If the Lung Cancer Initiative exercises the option on RV1162/PUR1800 and the portfolio of these kinase inhibitors, Pulmatrix is eligible for up to $91M in additional development and commercial milestones, as well as royalty payments. About Pulmatrix Pulmatrix, Inc. -- http://www.pulmatrix.com/-- is a clinical stage biotechnology company focused on the discovery and development of novel inhaled therapeutic products intended to prevent and treat respiratory diseases and infections with significant unmet medical needs. The Company's proprietary product pipeline is focused on advancing treatments for serious lung diseases, including Pulmazole, inhaled anti-fungal itraconazole for patients with ABPA, and PUR1800, a narrow spectrum kinase inhibitor for patients with obstructive lung diseases including asthma and chronic obstructive pulmonary disease. Pulmatrix's product candidates are based on iSPERSE, its proprietary engineered dry powder delivery platform, which seeks to improve therapeutic delivery to the lungs by maximizing local concentrations and reducing systemic side effects to improve patient outcomes. Pulmatrix incurred a net loss of $20.56 million in 2018 following a net loss of $18.05 million in 2017. As of Sept. 30, 2019, the Company had $32.92 million in total assets, $18.19 million in total liabilities, and $14.72 million in total stockholders' equity. Marcum LLP, in New York, NY, the Company's auditor since 2015, issued a "going concern" qualification in its report dated Feb. 19, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company continues to have negative cash flow from its operations, has incurred significant losses and needs to raise additional funds to meet its obligations and sustain its operations. These conditions raise substantial doubt about the Company's ability to continue as a going concern. RAM DISTRIBUTION: Gulkowitz Berger Hired as Litigation Counsel -------------------------------------------------------------- Ram Distribution Group d/b/a Tal Depot asks for permission from the U.S. Bankruptcy for the Eastern District of New York to employ Gulkowitz Berger LLP as special litigation counsel to the Debtor. The Debtor is an online grocer, selling nonperishable groceries on its own website as well as major third-party sellers such as Amazon. The Debtor started operations in 2012 and grew from $250,000 in annual revenue to over $35 million in 2018. At its peak, the Debtor offered more than 10,000 products and maintained great partnerships with vendors that enabled it to sell product fresh and operate on a cost-effective basis. Since 2015, the Debtor has suffered numerous setbacks that have compounded and eventually significantly hampered its ability to turn a profit and run efficiently. The last straw was the Debtor being defrauded into entering into numerous merchant cash advance agreements with impossible repayment terms. As a result of litigation and aggressive collection tactics by the some of the funders under the MCAs, the Debtor's ability to conduct business has been severely impeded over the three months prior to the Petition Date, which ultimately led to the filing of this case. In an effort to restructure, the Debtor has significantly reduced its staff and has been running its operations on a reduced scale. The Debtor, with the protections afforded by the Bankruptcy Code, believes that with time, it can run a profitable business and has slowly been building up during this case. The Debtor makes this application to have the Firm to render legal services in connection with the prosecution of actions on behalf of the Debtor's estate, including the adversary proceedings to be commenced, Chapter 5 actions, and objections to claims and all work ancillary thereto. The Debtors rendered payment to the Firm prior to Petition Date in the sum of $12,000.00 for fees incurred during the period from April 1, 2019 through April 12, 2019, up until the filing of this case. The Debtor paid $1,717.00 to the Firm for the filing fee for this case. The Firm rendered an invoice in the amount of $14,025.00 for fees and waived $2,025.00 of that fee. The $12,000 prepetition fee payment was intended to cover all preparations necessary to file this case and the filing of the documents necessary to commence the case. From April 20, 2016, through March 31, 2019, the Firm was paid in total $90,100.00. for the services. The Firm is owed $199,034.00 for such prepetition services rendered that were not paid by the Debtor. The Firm has agreed to accept a contingency fee for such services as follows: (a) 15% of any gross recovery prior to discovery; (b) 20% of any gross recovery after discovery but prior to the filing by either plaintiff or defendant of a summary judgment motion or prior to the commencement of trial; (c) 25% of any gross recovery after a summary judgment motion has been filed by either party or the commencement of trial. The contingency arrangement is based upon the regular contingency arrangement the Firm has agreed to for work of the nature to be performed and are set at a level designed to compensate the Firm fairly for the work of its attorneys and legal assistants. The Firm will also charge the Debtor for all charges and disbursements incurred in the rendition of services in this case. The Firm attests it does not hold or represent any interest adverse to the Debtor's estate with respect to the matters upon which it is to be employed. The Firm may be reached at: Shaya M. Berger, Esq. GULKOWITZ BERGER LLP 544 Oak Drive Far Rockaway, NY 11691 Tel: (212) 208-0006 Email: sberger@gulkowitzberger.com About Ram Distribution Group Tal Depot owns and operates an e-commerce website at https://taldepot.com that sells snacks, drinks, groceries, wellness and home goods products. Ram Distribution Group, LLC, dba Tal Depot filed for Chapter 11 bankruptcy protection (Bankr. E.D.N.Y. Case No. 19-72701) on April 12, 2019. In its petition, the Debtor estimated $100,000 to $500,000 in assets and $10 million to $50 million in and liabilities. The petition was signed by Jeremy J. Reichmann, chief executive officer. The Debtor is represented by Btzalel Hirschhorn, Esq., at Shiryak, Bowman, Anderson, Gill & Kadochnikov LLP. Analytic Financial Group, LLC, d/b/a Corporate Matters, serves as financial advisors to the Debtor. RMD AUTOMOTIVE: Employs Genova & Malin as Attorneys --------------------------------------------------- RMD Automotive Enterprises, Inc., requests authorization from the U.S. Bankruptcy Court for the Southern District of New York to employ Genova & Malin as attorneys for the Debtor. The Debtor needs Genova & Malin to: a) give the Debtor legal advice with respect to its powers and duties in its financial situation and management of the property of the Debtor; b) take necessary action to void liens against the Debtor's property; c) prepare and/or amend, on behalf of the Debtor, necessary petitions, schedules, orders, pleadings and other legal papers; and d) perform all other legal services for your Applicant as debtor which may be necessary. The Debtor desires to employ Genova & Malin under a general retainer. To the best of the Debtor's knowledge, Genova & Malin does not hold or represent any interest adverse to the Bankruptcy Estate and is a disinterested person, does not and will not, while employed by the Debtor, represent in connection with this case the creditors, or any other party in interest, or its respective attorneys and accountants. The firm may be reached at: Andrea B. Malin, Esq. Michelle L. Trier, Esq. GENOVA & MALIN Hampton Business Center 1136 Route 9 Wappingers Falls, NY 12590 Tel: (845) 298-1600 About RMD Automotive Enterprises RMD Automotive Enterprises, Inc., filed a voluntary Chapter 11 Petition (Bankr. S.D. N.Y. Case No. 19-36953) on December 9, 2019, and is represented by Andrea B. Malin, Esq. and Michelle L. Trier, Esq., at Genova & Malin. The Debtor listed under $50,000 in assets and under $500,000 in liabilities. ROCK CREEK: Ritchie Marlboro Property to Pay Off Claims in 5 Years ------------------------------------------------------------------ Rock Creek Baptist Church of the District of Columbia, proposes filed a reorganization plan that provides for the Debtor to make installment payments to its creditors from revenues derived from business operations and from the development and/or sale of properties owned by the Debtor, over a period not to exceed five years. The Debtor's principal assets consist of its property at 6707 Woodyard Road, Upper Marlboro, Maryland 20772, which consists of approximately 24 acres of land, improved by a church, school, gym and administrative buildings. The Debtor estimates the "as is" value of the Church Property to be approximately $6,200,000. The Debtor also owns valuable unimproved real property located at 2505 Ritchie Marlboro Road, Upper Marlboro, Maryland 20772 (the "Ritchie Marlboro Property"). The "as is" value for the Ritchie Marlboro Property is estimated to be $3,000,000. Within the last 12 months, the Debtor received at least two expressions of interest from entities offering to purchase the Ritchie Marlboro Property "as is" for between $2,000,000 and $3,000,000. However, with certain development work, the Ritchie Marlboro Property is estimated to have a value well in excess of $6,000,000 and as much as $10,000,000. On or before May 1, 2020, the Debtor anticipates having a development agreement in place with a developer or builder. The Debtor has drafted confidentiality agreements and set up a drop box with the documents. The Debtor has engineering and other documents from a number of sources that were paid for prior to the filing of the Bankruptcy Case. Development costs and additional funds for creditors will be paid by a third party developer or builder selected by the Debtor. The Debtor will circulate notice of the development agreement and develop bid procedures so that the Court and creditors can review the offers, if there are multiple offers, to determine which offer(s) is in the best interests of Creditors and the estate. It is anticipated that the development process will take approximately eighteen months to bring the Ritchie Marlboro Property to a substantially higher value, probably at the preliminary plan stage. At that time, the Ritchie Marlboro Property will either be sold as is, or refinanced, and is expected to provide adequate funds to pay Allowed Unsecured Claims in full. In the event the Debtor is unable to develop the Ritchie Marlboro Property within 24 months of the Effective Date, the Debtor will auction the Ritchie Marlboro Property and pay all Allowed Claims in full. The auction will occur through a well-publicized professional auction company. During the period of the development of the Ritchie Marlboro Property, which will be accomplished through a third party, the Debtor will focus on subdivision and development of the Church Property as well as development of new revenue sources The Plan treats claims in this manner: * Class 1: Allowed Secured Claim of Prince George's County, Maryland. IMPAIRED. Total claim $9,861.29. The Class 1 Secured Tax Claim of Prince George’s County shall be paid at closing on the sale of the respective property(ies). * Class 2: Allowed Secured Claim of Ministry Partners Investment Company, LLC. IMPAIRED. Total claim $4,000,789.47. The Ministry Partners Allowed Secured Claim shall be paid, with interest at the rate of 5%, (i) beginning on the Effective Date and continuing on the first day of each quarter thereafter for one year, the Debtor shall make quarterly payments to Ministry Partners in the amount of 3,000.00 per quarter; followed by (ii) quarterly payments in the second year following the Effective Date in the amount of $3,750.00 per quarter, followed by (ii) quarterly payments in the third year following the Effective Date in the amount of $4,500.00 per quarter. * Class 3: Disputed Secured Claim of Coester Financing, LLC. IMPAIRED. Total claim $1,076,493.10. The Disputed Secured Claim of Coester, if and when Allowed, shall be paid with interest, at the rate of 5% per annum, as follows: beginning on the Effective Date and continuing on the first day of each quarter thereafter for 36 months, the Debtor shall make quarterly payments to Coester in the amount of $750.00 per quarter. * Class 4: Allowed Secured Claim of Coester Financing, LLC. IMPAIRED. Total claim $175,970.00. On the date that is 36 months from the Effective Date, the Allowed Class 4 Secured Claim of Coester shall be paid in full. * Class 5: Allowed Secured Claim of Mark Vogel. IMPAIRED. Total claim $166,527.47. The Class 5 Allowed Secured Claim of Vogel shall be paid with interest, at the rate of 5% per annum, as follows: beginning on the Effective Date and continuing on the first day of each quarter thereafter for 36 months, the Debtor shall make quarterly payments to Vogel in the amount of $750.00 per quarter. * Class 6: Allowed Secured Claim of TCF Equipment Finance. IMPAIRED. Total claim $30,578.71. The Debtor will pay regular monthly payments under the Note of $768.00 per month directly to TCF, continuing until its monetary obligations to TCF under the Note are paid in full, including principal, interest, fees and costs in accordance with the Promissory Note. * Class 7: Allowed Secured Claim of Leaf Capital Funding, LLC. IMPAIRED. Total claim $314,666.11. The Secured Claim of Leaf Capital Funding, LLC shall be allowed in the amount of $25,000.00, and shall accrue interest at the rate of 5% thereon, and shall be paid as follows: beginning on the Effective Date and continuing on the first day of each quarter thereafter for 36 months, the Debtor shall make quarterly payments to Leaf Capital in the amount of $750.00 per quarter. * Class 8: Allowed Secured Claim of BB&T Commercial Equipment Capital. IMPAIRED. Total claim $14,459.27. The Secured Claim of BB&T shall be allowed in the amount of $7,459.00, and shall accrue interest thereon at the rate of 5%, and shall be paid as follows: beginning on the Effective Date and continuing on the first day of each quarter thereafter for 36 months, the Debtor shall make quarterly payments to BB&T in the amount of $300.00 per quarter. * Class 10: Allowed General Unsecured Claims. IMPAIRED. Total claim $79,000. Holders of Class 10 Claims shall receive distributions totaling 100% of their Allowed Claims, in cash, with interest at the rate of 5% per annum, in annual installments over a period of 3 years from the Effective Date beginning on the First Anniversary date of the Effective Date. A full-text copy of the Disclosure Statement dated Dec. 11, 2019, is available at https://tinyurl.com/v2la8ug from PacerMonitor.com at no charge. Counsel for Rock Creek Baptist Church of the District of Columbia: Janet M. Nesse McNamee Hosea Jernigan Kim Greenan & Lynch, P.A. 6411 Ivy Lane, Suite 200 Greenbelt, Maryland 20770 About Rock Creek Baptist Church of the District of Columbia Rock Creek Baptist Church of the District of Columbia, based in Upper Marlboro, MD, filed a Chapter 11 petition (Bankr. D. Md. Case No. 19-16565) on May 14, 2019. In the petition signed by Jeffrey L. Mitchell, Sr., pastor, the Debtor was estimated to have $0 to $50,000 in assets and $1 million to $10 million in liabilities. The Hon. Lori S. Simpson is the presiding judge. The Debtor hired The Weiss Law Group, LLC, and McNamee Hosea Jernigan Kim Greenan & Lynch, P.A., as bankruptcy counsel. ROVER MINERALS: Jan. 28 Final DIP Hearing Set --------------------------------------------- The final hearing on the motion for interim and final orders (i) authorizing trustee to obtain post-petition secured financing, (ii) granting priming liens and super-priority claims to post-petition lender, (iii) modifying the automatic stay, and (iv) approving notice procedures, which was filed by Dwayne M. Murray, Chapter 11 trustee in the consolidated cases of Roving Minerals Inc. and Roving Minerals LLC of MT, will take place at the United States Bankruptcy Court, John M. Shaw United States Courthouse, 800 Lafayette Street, 3rd Floor, Courtroom 5, Lafayette, Louisiana, on Jan. 28, 2020, at 10:00 a.m. Failure to object within the time allowed may be deemed a waiver of any rights you may have with respect to the relief sought by the trustee at the final hearing, specifically the trustee's request to subordinate any such interest you may have to the claim of the postpetition lender up to a maximum amount of $2 million. About Rovig Minerals Rovig Minerals, Inc. -- http://www.rovigminerals.com/-- was founded in 1980 in Billings, Mont., to pursue exploration and development of mineral, oil and gas projects around the world. On Sept. 25, 2019, creditors FDF Energy Services LLC, Tri-City Services Inc., Oil Country Tubular Corp., DH Rock Bit Inc., Aldonsa Inc. filed an involuntary Chapter 11 petition against the Debtor (Bankr. W.D. La. Case No. 19-51133). The creditors are represented by Michael A. Crawford, Esq., at Taylor, Porter, Brooks & Phillips. On Oct. 18, 2019, the Debtor and the Petitioning Creditors signed a joint stipulation to convert the involuntary to a voluntary chapter 11 and for entry of a consent order for relief pursuant to 11 U.S.C. Sec. 303(h)(1). The case is assigned to Judge John W. Kolwe. The Debtor tapped H. Kent Aguillard, Esq., and Caleb Aguillard, Esq., as its bankruptcy attorneys. S C BHAIRAB INC: Seeks to Hire Nicoud Law as Legal Counsel ---------------------------------------------------------- S C Bhairab, Inc. seeks approval from the U.S. Bankruptcy Court for the Northern District of Texas to employ Nicoud Law as its legal counsel. The firm will provide these services in connection with the Debtor's Chapter 11 case: a. advise the Debtor of its rights, powers and duties; b. prepare pleadings and other legal papers and conduct examinations incidental to administration; c. advise and represent the Debtor in all contested matters and adversary proceedings; d. review, classify, negotiate or litigate claims of creditors; and e. assist the Debtor in the formulation and presentation of a disclosure statement and plan of reorganization. The firm's hourly rates range from $100 to $400. It received a retainer in the sum of $10,000 from the Debtor. Nicoud Law does not represent any interest adverse to the Debtor and its bankruptcy estate, according to court filings. Nicoud Law can be reached through: Robert M. Nicoud, Jr., Esq. Nicoud Law 10440 N. Central Expressway, Suite 800 Dallas, TX 75231 Phone: (214) 540-7542 Fax: (214) 265-6501 Email: rmnicoud@dallas-law.com About S C Bhairab Inc. S C Bhairab, Inc. -- https://matlock-dry-clean-super-center.business.site -- is a provider of drycleaning and laundry services. Based in Arlington, Texas, S C Bhairab filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No. 19-45097) on Dec. 17, 2019. In the petition signed by Ram Gamal, president, the Debtor estimated $1,403,335 in assets and $1,158,605 in liabilities. Robert M. Nicoud, Jr., Esq., at Nicoud Law, is the Debtor's legal counsel. S.W.R.D. LTD: Seeks to Hire Kaplan Johnson as Counsel ----------------------------------------------------- S.W.R.D. LTD, seek authority from the U.S. Bankruptcy Court for the Western District of Kentucky to employ Kaplan Johnson Abate & Bird, LLC, as counsel to the Debtor. S.W.R.D. LTD requires Kaplan Johnson to: a. to give legal advice with respect to the Debtor's powers and duties as debtor in possession in the continued operations of the company's business and management of estate assets; b. to take all necessary action to protect and preserve the estate, including the prosecution of actions on behalf of the Debtor, the defense of any actions commenced against the Debtor, negotiations concerning all litigation in which the Debtor is involved, if any, and objecting to claims filed against the Debtor's estate; c. to prepare on behalf of the Debtor all necessary motions, answers, orders, reports and other legal papers in connection with the administration of the Debtor's estate herein; and d. and to perform any and all other legal services for the Debtor in connection with this chapter 11 case and the formulation and implementation of the Debtor's chapter 11 plan. Kaplan Johnson 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. Charity S. Bird, partner of Kaplan Johnson Abate & Bird, LLP, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Charity S. Bird can be reached at: Charity S. Bird, Esq. Kaplan Johnson Abate & Bird, LLP 710 West Main Street, 4th Floor Louisville, KY 40202 Tel: (502) 416-1630 Fax: (502) 540-8282 E-mail: cbird@kaplanjohnsonlaw.com About S.W.R.D. LTD S.W.R.D. Ltd, filed a Chapter 11 bankruptcy petition (Bankr. W.D. Ky. Case No. 19-33751) on Nov. 22, 2019, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Charity S. Bird, Esq., at Kaplan Johnson Abate & Bird, LLP. SAEXPLORATION HOLDINGS: Lenders Extend Forbearance Until Jan. 27 ---------------------------------------------------------------- On Sept. 23, 2019, SAExploration Holdings, Inc. and certain of its subsidiaries entered into a series of forbearance agreements with: * certain lenders of approximately $20.5 million in aggregate principal amount (representing approximately 93% of the outstanding principal amount) of the loans under the Third Amended and Restated Credit and Security Agreement, dated as of Sept. 26, 2018, by and among SAExploration Inc., a subsidiary of the Company, as the borrower, the Company, the other Guarantors from time to time party thereto, the Lenders from time to time party thereto, and Cantor Fitzgerald Securities, as the agent; * certain lenders of at least 67% of the outstanding principal amount of the term loans under the Term Loan and Security Agreement, dated as of June 29, 2016, by and among the Company, as the borrower, the Guarantors from time to time party thereto, the Lenders from time to time party thereto, and Delaware Trust Company, as the Collateral Agent and as the Administrative Agent; and * certain holders of at least 90% of the outstanding principal amount of the Company's 6.00% Senior Secured Convertible Notes due 2023 issued pursuant to the indenture, dated as of Sept. 26, 2018, by and among the Company, the guarantors party thereto and Wilmington Savings Fund Society, FSB, as trustee and collateral trustee. On Dec. 31, 2019, the Company and certain of its subsidiaries entered into amendments to the Forbearance Agreements. Pursuant to the Forbearance Agreement Amendments, the Forbearing Parties agreed to: (i) extend the effectiveness of their agreement to refrain from exercising their rights and remedies under the Debt Instruments and applicable law until the earlier of (a) Jan. 27, 2020, and (b) the date the Forbearance Agreements otherwise terminate in accordance with their terms; and (ii) make certain amendments to the existing and potential defaults covered by the Forbearance. About SAExploration Holdings SAE -- http://www.saexploration.com-- is an international oilfield services company offering a full range of vertically-integrated seismic data acquisition, data processing and interpretation, and logistical support services throughout North America, South America, Asia Pacific, Africa and the Middle East. In addition to the acquisition of 2D, 3D, time-lapse 4D and multi-component seismic data on land, in transition zones and offshore in depths reaching 3,000 meters, SAE offers a full suite of data processing and interpretation services utilizing its proprietary, patent-protected software, and also provides in-house logistical support services, such as program design, planning and permitting, camp services and infrastructure, surveying, drilling, environmental assessment and reclamation, and community relations. With its global headquarters in Houston, Texas, SAE supports its operations through a multi-national presence in the United States, United Kingdom, Canada, Peru, Colombia, Bolivia, Malaysia, Singapore, and Australia. SAExploration reported a net loss attributable to the company of $83.60 million in 2018 following a net loss attributable to the company of $40.75 million in 2017. As of March 31, 2019, the Company had $191.71 million in total assets, $68.92 million in total current liabilities, $95.70 million in long-term debt and finance leases, $5.90 million in other long-term liabilities, and $21.18 million in total stockholders' equity. SAExploration has not yet filed its Quarterly Reports on Form 10-Q for the quarter ended June 30, 2019, and Sept. 30, 2019. SAExploration received a notice on Nov. 19, 2019, from the Listing Qualifications Department of the Nasdaq Stock Market LLC stating that because the Company had not timely filed its Quarterly Report on Form 10-Q for the quarterly period ended Sept. 30, 2019 and because the Company remains delinquent in filing its Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2019, the Company is not in compliance with Nasdaq Listing Rule 5250(c)(1), which requires listed companies to timely file all required public financial reports with the Securities and Exchange Commission. SAEXPLORATION HOLDINGS: Terminates Chief Operating Officer ---------------------------------------------------------- SAExploration Holdings, Inc.'s Board of Directors terminated the employment of Brian Beatty, the Company's chief operating officer, effective Dec. 30, 2019. Under the terms of his employment agreement with the Company, as a result of his termination, Mr. Beatty was deemed to have immediately resigned as a director of the Company as well as any other office, position, or directorship which he held with any of the Company’s affiliates. Mr. Beatty will not receive any compensation or other severance benefits in connection with the termination of his employment. About SAExploration Holdings SAE -- http://www.saexploration.com/-- is an international oilfield services company offering a full range of vertically-integrated seismic data acquisition, data processing and interpretation, and logistical support services throughout North America, South America, Asia Pacific, Africa and the Middle East. In addition to the acquisition of 2D, 3D, time-lapse 4D and multi-component seismic data on land, in transition zones and offshore in depths reaching 3,000 meters, SAE offers a full suite of data processing and interpretation services utilizing its proprietary, patent-protected software, and also provides in-house logistical support services, such as program design, planning and permitting, camp services and infrastructure, surveying, drilling, environmental assessment and reclamation, and community relations. With its global headquarters in Houston, Texas, SAE supports its operations through a multi-national presence in the United States, United Kingdom, Canada, Peru, Colombia, Bolivia, Malaysia, Singapore, and Australia. SAExploration reported a net loss attributable to the company of $83.60 million in 2018 following a net loss attributable to the company of $40.75 million in 2017. As of March 31, 2019, the Company had $191.71 million in total assets, $68.92 million in total current liabilities, $95.70 million in long-term debt and finance leases, $5.90 million in other long-term liabilities, and $21.18 million in total stockholders' equity. SAExploration has not yet filed its Quarterly Reports on Form 10-Q for the quarter ended June 30, 2019, and Sept. 30, 2019. SAExploration received a notice on Nov. 19, 2019, from the Listing Qualifications Department of the Nasdaq Stock Market LLC stating that because the Company had not timely filed its Quarterly Report on Form 10-Q for the quarterly period ended Sept. 30, 2019 and because the Company remains delinquent in filing its Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2019, the Company is not in compliance with Nasdaq Listing Rule 5250(c)(1), which requires listed companies to timely file all required public financial reports with the Securities and Exchange Commission. SAVE MONEY: Hires Ecowayz International as Management Consultant ---------------------------------------------------------------- Save Money and Retain Temperature, LLC received approval from the U.S. Bankruptcy Court for the Middle District of Florida to hire Ecowayz International, LLC as its management consultant. The services to be provided by the firm include project management, claim management and general administrative services. Ecowayz will receive 10 percent of the proceeds for general administrative services and 70 percent of the proceeds from specific line of items funded by the insurer for project completion investment. Ecowayz does not represent any interest adverse to the Debtor or its estate, according to court filings. The firm can be reached through: Joseph O. Lopez Ecowayz International LLC 2717 SE Morningside Blvd Port St Lucie, FL 34952 Email: info@ecowayz.com About Save Money and Retain Temperature Save Money and Retain Temperature, LLC, is an insulation contractor in Tampa, Fla., which specializes in roofing, siding and sheet metal work. Save Money and Retain Temperature sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-04090) on April 30, 2019. At the time of the filing, the Debtor was estimated to have assets of between $1 million and $10 million and liabilities of the same range. Santana, Byrd & Jaap, P.A., is the Debtor's legal counsel. SCOOBEEZ INC: Hires Hilco Real Estate to Market Glendale Property ----------------------------------------------------------------- Scoobeez, Inc. and its affiliates seek approval from the U.S. Bankruptcy Court for the Central District of California to hire Hilco Real Estate, LLC to market its real estate property located at 3463 Foothill Blvd., Glendale, Calif. Hilco will be paid as follows: a. Hilco will receive expense reimbursement of up to $10,000. b. A buyer's premium of 5 percent of the winning bid amount will be charged to the winning bid. The buyer's premium will be added to the winning bid price and paid to Hilco in cash as its commission. The buyer's premium will be added to the winning bid price to determine the total purchase price for the property. c. In the event the Debtors accept an offer to sell the property that does not include the buyer's premium, they will pay Hilco a commission equal to the same amount that would have been due if the total purchase price of the offer had been calculated using a buyer's premium of the percentage stated above. d. In the event the property is sold to a lender or other third party by virtue of a credit bid, Hilco will earn a fee equal to 2 percent of the full amount of such successful credit bid, including other cash and non-cash consideration comprising the final purchase price of the property. Sarah Baker, vice president of Hilco, attests that the firm is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Sarah Baker Hilco Real Estate, LLC 5 Revere Drive, Suite 320 Northbrook, IL 60062 Phone: 847-714-1288 Fax: 847-714-1289 About Scoobeez Inc. Scoobeez Inc. -- https://www.scoobeez.com/ -- operates an on demand door-to-door logistics and real time delivery service company. It offers messaging, same day and preferred deliveries, and courier services. Scoobeez Inc. and its affiliates, Scoobeez Global Inc. and Scoobur LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Lead Case No. 19-14989) on April 30, 2019. The cases have been assigned to Judge Julia W. Brand. At the time of the filing, Scoobeez Inc. was estimated to have assets and liabilities of between $10 million and $50 million; while Scoobur had estimated assets and liabilities of less than $50,000. Menawhile, Scoobeez Global disclosed $6,274,654 in assets and $7,886,579 in liabilities. Foley & Lardner LLP is the Debtors' bankruptcy counsel. Conway Mackenzie, Inc., is the Debtors' financial advisor. The Office of the U.S. Trustee appointed a committee of unsecured creditors on May 20, 2019. The committee retained Levene, Neale, Bender, Yoo & Brill LLP as its counsel. SELECTA BIOSCIENCES: Timothy Springer Has 17% Stake as of Dec. 23 ----------------------------------------------------------------- In a Schedule 13D/A filed with the Securities and Exchange Commission, Timothy A. Springer, TAS Partners LLC, and Chafen Lu disclosed that as of Dec. 23, 2019, they, in the aggregate, beneficially own 14,932,489 shares of common stock of Selecta Biosciences, Inc., representing approximately 17.0% of such class of securities. The percentage of beneficial ownership is based on a total of 48,196,387 Shares issued and outstanding as of Nov. 4, 2019, as reported on the Issuer's Quarterly Report on Form 10-Q, dated Nov. 8, 2019, as well as an additional 37,634,883 Shares issued to certain investors, including TAS, on Dec. 23, 2019 pursuant to the Securities Purchase Agreement. Dr. Springer is the beneficial owner of a total of 14,932,489 Shares, representing approximately 17.0% of the outstanding Shares and consisting of (i) 7,293,625 Shares held directly, (ii) 79,130 Shares underlying warrants exercisable within 60 days of Dec. 23, 2019 and held directly, (iii) 16,410 Shares issuable upon exercise of outstanding options within 60 days of Dec. 23, 2019 and held directly, (iv) 5,486,463 Shares held by TAS, (v) 1,970,443 Shares underlying warrants exercisable within 60 days of Dec. 23, 2019 held by TAS, and (vi) 86,418 Shares held by Dr. Lu. TAS is the beneficial owner of a total of 7,456,906 Shares, representing approximately 8.5% of the outstanding Shares and consisting of (i) 5,486,463 Shares and (ii) 1,970,443 Shares underlying warrants exercisable within 60 days of Dec. 23, 2019. TAS holds all such Shares directly. Dr. Springer is the sole managing member of TAS. Dr. Lu is the beneficial owner of a total of 86,418 Shares, representing approximately 0.1% of the outstanding Shares. Dr. Lu holds all such Shares directly. Dr. Lu is the spouse of Dr. Springer. On Dec. 23, 2019, TAS purchased from the Issuer, pursuant to a securities purchase agreement by and among the Issuer, TAS, and certain other investors, 3,940,887 Shares at a price of $1.46 per Share, which was equal to the most recent consolidated closing bid price on the Nasdaq Global Market on Dec. 18, 2019, and warrants to purchase 1,970,443 Shares, exercisable at $1.46 per Share, at a purchase price of $0.125 per Warrant Share. The Warrant Shares were issued to Dr. Springer pursuant to a separate Common Stock Purchase Warrant. The Warrant Shares are exercisable as of the date of grant and have a term of five years. To date, Dr. Springer has not exercised any of the Warrant Shares. TAS paid an aggregate purchase price of approximately $6.0 million for the Private Placement Shares and the Warrant Shares. TAS drew from its investment capital for those acquisitions. A full-text copy of the regulatory filing is available at the SEC's website at: https://is.gd/wCPGPV About Selecta Biosciences Based in Watertown, Massachusetts, Selecta Biosciences, Inc. -- http://www.selectabio.com/-- is a clinical-stage biotechnology company focused on unlocking the full potential of biologic therapies based on its immune tolerance technology (ImmTOR) platform. Selecta plans to combine ImmTOR with a range of biologic therapies for rare and serious diseases that require new treatment options due to high immunogenicity. The Company's current proprietary pipeline includes ImmTOR-powered therapeutic enzyme and gene therapy product candidates. SEL-212, the Company's lead product candidate, is being developed to treat chronic refractory gout patients and resolve their debilitating symptoms, including flares and gouty arthritis. Selecta's proprietary gene therapy product candidates are in preclinical development for certain rare inborn errors of metabolism and incorporate ImmTOR with the goal of addressing barriers to repeat administration. Selecta Biosciences reported net losses of $65.33 million in 2018, $65.32 million in 2017, and $36.21 million in 2016. As of Sept. 30, 2019, the Company had $39.54 million in total assets, $44.46 million in total liabilities, and a total stockholders' deficit of $4.91 million. Ernst & Young LLP, in Boston, Massachusetts, the Company's auditor since 2009, issued a "going concern" opinion in its report dated March 15, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company has recurring losses from operations and insufficient cash resources and has stated that substantial doubt exists about the Company's ability to continue as a going concern. SGM FOODS: Unsecureds to Have 10% Recovery Over 5 Years ------------------------------------------------------- Debtor SGM Foods, LLC, d/b/a Mamma Luciana's, filed with the U.S. Bankruptcy Court for the Eastern District of New York a disclosure statement describing its plan of reorganization. The Plan shall be funded by the Debtor's new business plan which includes creating an internet presence and market foods of multiple nationalities for internet order placement and delivery in the area. In addition, the Debtor will be conducting 2004 examinations of Steven and Giorgios Menexas in their individual capacities as well as their capacity as representatives of Bay Terrace Plaza, LLC, Commack Plaza, LLC and Atlantic Yards Plaza, LLC, which could result in recovery and monies to fund the Debtor’s Plan. Holders of general unsecured claims in Class III, totaling $430,010, will be paid 10% of their allowed claims without interest in equal monthly installments of $716.68 over 60 months commencing on the Effective Date of the Debtor's Plan. The Debtor's insider shareholder, Antonios Dagounakis, in Class 4, will have his claims subordinated to the claims of the general unsecured creditors and will receive no distribution under the Plan, however, the insider will retain his equity interests in the Debtor to the same extent, validity and priority as existed prepetition. The Debtor's insider is the Plan proponent though is deemed to have voted against the plan. A full-text copy of the Disclosure Statement is available at https://tinyurl.com/rcljzlx from PacerMonitor.com at no charge. The Debtor is represented by: THE LAW OFFICES OF KENNETH A. REYNOLDS, ESQ., P.C. Kenneth A. Reynolds, Esq. 105 Maxess Road, Suite 124 Melville, New York 11747 Tel: (631) 994-2220 About SGM Foods LLC SGM Foods, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 19-42140) on April 10, 2019. On April 30, 2019, the case was reassigned from Judge Elizabeth S. Stong to Judge Robert E. Grossman and was assigned a new case number (Case No. 19-73116). At the time of the filing, the Debtor had estimated assets of less than $50,000 and liabilities of less than $1 million. The Law Offices of Kenneth A. Reynolds, Esq., P.C., is the Debtor's counsel. SHAPPHIRE RESOURCES: Readying Amended Plan & Disclosures -------------------------------------------------------- Debtor Shapphire Resources, LLC, filed with the U.S. Bankruptcy Court for the Central District of California, Los Angeles Division, a stipulation to continue Chapter 11 Status Conference and hearing to consider adequacy of Disclosure Statement. On Dec. 10, 2019, Judge Robert Kwan approved the stipulation and established the following dates and deadlines: * The chapter 11 Status Conference and the hearing to consider the adequacy of the Disclosure Statement is continued from Jan. 15, 2020, at 11:00 a.m., to Feb. 19, 2020, at 11:00 a.m., in courtroom 1675 of the United States Bankruptcy Court for the Central District of California [Los Angeles Division], located at 255 East Temple Street, Los Angeles, California 90012. * The deadline for Shapphire Resources to file and serve its Amended Disclosure Statement and Amended Chapter 11 Plan is extended from December 9, 2019, to January 13, 2020. A full-text copy of the order is available at https://tinyurl.com/w9ve65l from PacerMonitor.com at no charge. The Debtor is represented by: RAYMOND H. AVER LAW OFFICES OF RAYMOND H. AVER A Professional Corporation 10801 National Boulevard, Suite 100 Los Angeles, California 90064 Telephone: (310) 571-3511 E-mail: ray@averlaw.com About Shapphire Resources Shapphire Resources, LLC's principal assets are located at 2770 Cold Plains Drive Hacienda Heights, CA 91745. Shapphire Resources previously filed for bankruptcy protection(Bankr. C.D. Cal. Case No. 10-57493) on Nov. 4, 2010. Shapphire Resources filed a Chapter 11 bankruptcy petition (Bankr. C.D. Cal. Case No. 17-15033) on April 24, 2017. In the petition signed by Susan Tubianosa, manager, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. The Hon. Neil W. Bason oversees the case. The Law Offices of Raymond H. Aver, a professional corporation, represents the Debtor. SKLM LLC: Seeks to Hire Galloway Wettermark as Legal Counsel ------------------------------------------------------------ SKLM, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of Alabama to hire Galloway, Wettermark & Rutens, LLP as its legal counsel. The firm will advise the Debtor of its powers and duties under the Bankruptcy Code; represent the Debtor in lawsuits; and provide other legal services in connection with its Chapter 11 case. Galloway Wettermark will be paid based upon its normal and usual hourly billing rates and will receive reimbursement for work-related expenses incurred. Robert M. Galloway, Esq., a partner of Galloway Wettermark, 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. Galloway Wettermark can be reached at: Robert M. Galloway, Esq. Galloway, Wettermark & Rutens, LLP 3263 Cottage Hill Rd. Mobile, AL 36606 Tel: (251) 476-4493 Email: bgalloway@gallowayllp.com About SKLM LLC Based in Elberta, Ala., SKLM, LLC filed a Chapter 11 bankruptcy petition (Bankr. S.D. Ala. Case No. 19-14070) on Nov. 19, 2019, disclosing under $1 million in both assets and liabilities. Judge Jerry C. Oldshue oversees the case. The Debtor is represented by J. Willis Garrett, III, Esq., a partner at Galloway Wettermark & Rutens, LLP. SMARTSCIENCE LABORATORIES: Gets Court Approval to Employ Appraiser ------------------------------------------------------------------ Smartscience Laboratories, Inc., received approval from the U.S. Bankruptcy Court for the Middle District of Florida to hire an appraiser. Robert Bonnell, the appraiser tapped by the Debtor to conduct a valuation of its equipment and assets, will receive $500 for his services. Mr. Bonnell disclosed in court filings that he does not represent any interest adverse to the Debtor and its bankruptcy estate. Mr. Bonnell maintains an office at: Robert Bonnell P.O. Box 10337 Brooksville, FL 34603 Tel: 813-493-1380 Email: skipbonnell@yahoo.com About Smartscience Laboratories Smartscience Laboratories, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-08468) on Sept. 5, 2019. At the time of the filing, the Debtor had estimated assets of between $10 million and $50 million and liabilities of between $1 million and $10 million. The case is assigned to Judge Catherine Peek Mcewen. The Debtor is represented by FL Legal Group. SOCAL REO: Says Creditors to Recover 100% in Sale Plan ------------------------------------------------------ SoCal REO Acquisitions Group LLC, filed a First Amended Plan of Reorganization and a corresponding Disclosure Statement. The Debtor owns real property, a single family residence at 10 Admiralty Cross, Coronado, CA 92118. The Debtor also owns a single family residence at 2389 E. Francis Drive, Palm Springs, CA 92262. According to the First Amended Disclosure Statement, the Debtor seeks through this reorganization to reorganize its secured debt and repay the obligations secured by the Francis property, while keeping the Francis property; and to orderly pay in full the obligations secured by the Admiralty Cross property by selling (liquidating) it within 12 months of the Effective Date of the Plan. The Plan contemplates the restructuring of the debts secured by the Francis property, and the payment through sale (orderly liquidation) of the Admiralty Cross property. Unsecured creditors will also be paid in full. All creditors will be paid 100%. Individual holders of Class 3 general unsecured claims greater than $100 will be paid in full, with 6% interest, within 60 months of the Effective Date. Holders of claims less than $100 will be paid within 30 days of the Effective Date. A full-text copy of the First Amended Disclosure Statement dated Dec. 11, 2019, is available at https://tinyurl.com/sdu42jm from PacerMonitor.com at no charge. Attorneys for the Debtor: HENRY D. PALOCI III Vokshori Law Group 1010 Wilshire Blvd. #1104 Los Angeles, CA 90017 Telephone: 213.876.4323 hpaloci@hotmail.com About SoCal REO Acquisitions SoCal REO Acquisitions Group LLC owns two residential property assets. The company owns a single family residence at 10 Admiralty Cross, Coronado, CA. It owns another single family residence at 2389 E. Francis Drive, Palm Springs, CA. Socal Reo Acquisitions Group LLC filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 19-11375) on April 15, 2019. The Debtor was estimated to have assets and liabilities of $1 million to $10 million. The Hon. Mark S. Wallace is the case judge. Henry D. Paloci III at Vokshori Law Group, is the Debtor's counsel. SOUTH TEXAS INNOVATIONS: Fine-Tunes Chapter 11 Plan --------------------------------------------------- South Texas Innovations, LLC, filed an Amended Plan of Reorganization to further fine-tune terms of its proposed plan. The Plan treats claims as follows: * Class 1 - Secured Claims. IMPAIRED. Equipment owned by the Debtor and encumbered by the lien of Woodforest and certain taxing jurisdictions will be surrendered to Woodforest for a credit of $100,000 on the Class 1 Claim. Secured claim holders will receive, on the Plan Distribution Date, their pro-rata share of the Class A Litigation Trust Beneficial Interests. * Class 3 - General Unsecured Claims. IMPAIRED. Each holder of an allowed Litigation Claim shall receive, on the Plan Distribution Date, its pro-rata share of the Class B Litigation Trust Beneficial Interests. All Litigation Trust expenses and all liabilities with respect to Beneficiaries shall be payable solely by the Litigation Trust from the Litigation Trust Property. On the Effective Date, the Reorganized Debtor shall transfer all intangible assets, other than the personal property surrendered to Woodforest pursuant to the terms of this Plan, including claims and causes of action to the Litigation Trust. Such transfers shall be free and clear of Liens, Claims and other encumbrances, to the extent they exist, and shall be administered for the benefit of the holders of the Beneficial Interests. Avoidance Actions shall be transferred to the Litigation Trust free and clear of all liens, claims and encumbrances, including those of Woodforest Bank. A black-lined copy of the Amended Chapter 11 Plan of Reorganization dated Dec. 11, 2019, is available at https://tinyurl.com/yx7tdn32 from PacerMonitor.com at no charge. Counsel for the Debtor: Johnie Patterson WALKER & PATTERSON, P.C. P.O. Box 61301 Houston, TX 77208 Tel: 713.956.5577 Fax: 713.956.5570 E-mail: jjp@walkerandpatterson.com About South Texas Innovations Creditors Titan Formwork Systems LLC, Superior Crushed Stone LC and T-Star Sawing & Drilling LLC filed a Chapter 7 involuntary petition (Bankr. S.D. Texas Case No. 18-34245) against South Texas Innovations LLC on Aug. 3, 2018. The creditors are represented by Lisa M. Norman, Esq. On Nov. 1, 2018, the Chapter 7 case was converted to one under Chapter 11 (Bankr. S.D. Tex. Case No. 18-34245). The case is assigned to Judge David R. Jones. The Debtor tapped Walker & Patterson, P.C., as its legal counsel. SOUTHERN LIVING: Seeks to Hire Jones & Walden as Counsel -------------------------------------------------------- Southern Living for Seniors of Burnsville NC, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Georgia to hire Jones & Walden, LLC, as its legal counsel. Southern Living requires Jones & Walden to: (a) prepare pleadings and applications; (b) conduct examination; (c) advise the Debtor of its rights, duties and obligations; (d) consult and represent the Debtor with respect to a Chapter 11 plan; (e) perform those legal services incidental and necessary to the day-to-day operations of the Debtor's business, including the institution and prosecution of necessary legal proceedings, and general business legal advice; (f) take any and all other actions incident to the proper preservation and administration of the Debtor's estate and business. Jones & Walden has stated present fee rates of $200 to $350 per hour for attorneys and $125 per hour for legal assistants. Cameron McCord, Esq., a partner at Jones & Walden, attests that neither he nor the firm has or represents any interest adverse to the Debtor and its estate. The firm can be reached through: Cameron M. McCord, Esq. Jones & Walden, LLC 21 Eighth Street, NE Atlanta, GA 30309 Phone: (404) 564-9300 Email: cmccord@joneswalden.com About Southern Living for Seniors of Burnsville NC, LLC Southern Living for Seniors of Burnsville NC, LLC owns and operates an assisted living facility. Based in Dallas, Ga., Southern Living for Seniors of Burnsville NC, LLC, filed a petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 19-42896) on Dec. 14, 2019. In the petition signed by Kenneth Mark Simons, member and manager, the Debtor estimates $50,000 in assets and $1 million to $10 million in liabilities. Cameron M. McCord, Esq., at Jones & Walden, LLC, represents the Debtor as counsel. SOUTHERN PRODUCE: Northen Blue Represents Sweet Potato Producers ---------------------------------------------------------------- In the Chapter 11 cases of Southern Produce Distributors, Inc., the law firm of Northen Blue, LLP submitted a verified statement under Rule 2019 of the Federal Rules of Bankruptcy Procedure, to disclose that it is representing (i) Blake Gary Adams, (ii) D & T Farms, Inc., (iii) William Gary Adams, (iv) Keith Smith, (v) Strickland Farming Partnership, and (vi) Warren Farming Partnership. Blake Gary Adams a sweet potato producer doing business in North Carolina, whose address is 247 Five Points Road, Benson, NC 27504. Blake Adams is a creditor of the Debtor. Blake Adams did not file a proof of claim, but the Debtor scheduled a nonpriority unsecured claim for Blake Adams in the amount of $33,226.48, the Debtor filed an objection to the scheduled claim, and Blake Adams filed a response. Blake Adams is also a defendant in an adversary proceeding commenced by the Debtor regarding certain postpetition transactions, which matter is now pending before the Court. Northen Blue, LLP has been retained as co-counsel to represent Blake Adams in connection with this bankruptcy case and the adversary proceeding. D & T Farms, Inc. is a sweet potato producer doing business in North Carolina, whose address is 8008 NC 96 South, Benson, NC 27504. D & T Farms is a creditor of the Debtor. D & T Farms filed a claim in the amount of $602,528.13, of which $204,300.00 is asserted as having administrative expense priority pursuant to Section 503(b)(9) of the Bankruptcy Code, the Debtor filed an objection to the filed claim, and D & T Farms filed a response. D & T Farms is also a defendant in an adversary proceeding commenced by the Debtor regarding certain post-petition transactions, which matter is now pending before the Court. Northen Blue, LLP has been retained as co-counsel to represent D & T Farms in connection with this bankruptcy case and the adversary proceeding. William Gary Adams is a sweet potato producer doing business in North Carolina, whose address is 1075 Adams Road, Benson, NC 27504. Gary Adams is a creditor of the Debtor. Gary Adams did not file a proof of claim, but the Debtor scheduled a nonpriority unsecured claim for Gary Adams in the amount of $78,656.40, the Debtor filed an objection to the scheduled claim, and Gary Adams filed a response. Gary Adams is also a defendant in an adversary proceeding commenced by the Debtor regarding certain post-petition transactions, which matter is now pending before the Court. Northen Blue, LLP has been retained as co-counsel to represent Gary Adams in connection with this bankruptcy case and the adversary proceeding. Keith Smith is a sweet potato producer doing business in North Carolina, whose address is 2515 Lakewood Road, Four Oaks, NC 27524. Keith Smith is a creditor of the Debtor. Keith Smith did not file a proof of claim, but the Debtor scheduled a nonpriority unsecured claim for Keith Smith in the amount of $256,707.40, the Debtor filed an objection to the scheduled claim, and Keith Smith filed a response. Keith Smith is also a defendant in an adversary proceeding commenced by the Debtor regarding certain post-petition transactions, which matter is now pending before the Court. Northen Blue, LLP has been retained as co-counsel to represent Keith Smith in connection with this bankruptcy case and the adversary proceeding. Strickland Farming Partnership is a sweet potato producer doing business in North Carolina, whose address is 671 Hollingsworth Road, Mount Olive, NC 28365. Strickland Farming is a creditor of the Debtor. Strickland Farming filed a claim in the amount of $168,000.00, the Debtor filed an objection to the filed claim, and Strickland Farming filed a response. Strickland Farming is also a defendant in an adversary proceeding commenced by the Debtor regarding certain post-petition transactions, which matter is now pending before the Court. Northen Blue, LLP has been retained as co-counsel to represent Strickland Farming in connection with this bankruptcy case and the adversary proceeding. Warren Farming Partnership a sweet potato producer doing business in North Carolina, whose address is PO Box 223, Newton Grove, NC 28366. Warren Farming is a creditor of the Debtor. Warren Farming filed a claim in the amount of $437,404.84, the Debtor filed an objection to the filed claim, and Warren Farming filed a response. Warren Farming is also a defendant in an adversary proceeding commenced by the Debtor regarding certain post-petition transactions, which matter is now pending before the Court. Northen Blue, LLP has been retained as co-counsel to represent Warren Farming in connection with this bankruptcy case and the adversary proceeding. Northen Blue, LLP has considered and evaluated all potential conflicts of interest in accordance with the North Carolina Rules of Professional Conduct and has determined that the representations are permissible and has obtained proper consents from its clients where required. Counsel for Blake Gary Adams, D & T Farms, Inc., William Gary Adams, Keith Smith, Strickland Farming Partnership, and Warren Farming Partnership can be reached at: NORTHEN BLUE, LLP John A. Northen, Esq. 1414 Raleigh Road, Suite 435 Chapel Hill, NC 27517 Telephone: (919) 968-4441 E-mail: jan@nbfirm.com A copy of the Rule 2019 filing, downloaded from PacerMonitor.com, is available at https://is.gd/x6Jzx8 About Southern Produce Southern Produce Distributors, Inc. -- http://southern-produce.com/ -- is a provider of sweet potatoes and peppers to markets across the US, Canada, UK and Europe. Southern Produce was founded in 1942 and is based in Faison, North Carolina. Southern Produce Distributors filed for bankruptcy protection (Bankr. E.D.N.C. Case No. 18-02010) on April 20, 2018. In the petition signed by Randy W. Swartz, president and CEO, the Debtor disclosed total assets of $27.12 million and total liabilities of $19.96 million. Gregory B. Crampton, Esq., of Nichols & Crampton, P.A., serves as counsel to the Debtor. Janvier Law Firm, PLLC, serves as special counsel. STONEMOR PARTNERS: Mangrove Group Now Owns Zero Common Units ------------------------------------------------------------ The Mangrove Partners Master Fund, Ltd., Mangrove Partners, The Mangrove Partners Fund (Cayman Drawdown), L.P., The Mangrove Partners I-Feeder 1, Ltd., The Mangrove Partners Fund (Cayman), Ltd., The Mangrove Partners Fund, L.P., The Mangrove Partners Fund (Cayman Partnership), L.P., and Nathaniel August disclosed in a Schedule 13G/A filed with the Securities and Exchange Commission that as of Jan. 3, 2020, they may be deemed the beneficial owners of 0 Common Units of Stonemor Partners LP. As of Oct. 25, 2019, each of the Master Fund, Mangrove Partners, and Mr. August may be deemed the beneficial owner of approximately 19.4% of Common Units outstanding. Cayman Drawdown may be deemed the beneficial owner of approximately 3.0% of Common Units outstanding. i-Feeder may be deemed the beneficial owner of approximately 1.3% of Common Units outstanding. Mangrove Fund Cayman may be deemed the beneficial owner of approximately 3.3% of Common Units outstanding. Mangrove Fund may be deemed the beneficial owner of approximately 4.1% of Common Units outstanding. Cayman Partnership may be deemed the beneficial owner of approximately 10.8% of Common Units outstanding. Full-text copies of the regulatory filings are available for free at the SEC's website at: https://is.gd/Px0No3 https://is.gd/4n3ohD About StoneMor Partners StoneMor Partners L.P., headquartered in Trevose, Pennsylvania -- http://www.stonemor.com/-- is an owner and operator of cemeteries and funeral homes in the United States, with 321 cemeteries and 89 funeral homes in 27 states and Puerto Rico. StoneMor's cemetery products and services, which are sold on both a pre-need (before death) and at-need (at death) basis, include: burial lots, lawn and mausoleum crypts, burial vaults, caskets, memorials, and all services which provide for the installation of this merchandise. StoneMor reported a net loss of $72.70 million for the year ended Dec. 31, 2018, compared to a net loss of $75.16 million for the year ended Dec. 31, 2017. As of Sept. 30, 2019, the Company had $1.73 billion in total assets, $1.77 billion in total liabilities, $57.50 million in total redeemable convertible preferred units, and a total partners' deficit of $104.02 million. * * * As reported by the TCR on Feb. 14, 2019, Moody's Investors Service downgraded StoneMor Partners L.P.'s Corporate Family rating to Caa2 from Caa1 and Probability of Default rating to Caa3-PD from Caa1-PD. The Caa2 CFR reflects Moody's concern that if pre-need cemetery selling and liquidity pressures do not abate while the senior secured credit facility is being refinanced, a distressed exchange or other default event could become more likely. As reported by the TCR on July 3, 2019, S&P Global Ratings affirmed its 'CCC+' issuer credit rating on StoneMor Partners L.P. The outlook remains negative. S&P said, "The rating affirmation reflects our view that despite the removal of near term maturities and sufficient liquidity over the next twelve months, we continue to view StoneMor's capital structure as unsustainable in the long term given our projection for persistent free cash flow deficits." STUDIO PRODUCTION: Hires Mark E. Brenner as Bankruptcy Counsel -------------------------------------------------------------- Studio Production Center, Inc., seeks authority from the U.S. Bankruptcy Court for the Central District of California to employ Mark E. Brenner, Esq., as bankruptcy counsel to the Debtor. Studio Production requires Mark E. Brenner to: a. advice and assist regarding compliance with the requirements of the U.S. Trustee; b. advice regarding matters of bankruptcy law, including the rights and remedies of the Debtor in regard to its assets and with respect to the claims of creditors; c. advice regarding cash collateral matters with respect to the Debtor's real property; d. advice regarding application of the automatic stay to third parties and injunctive relief; e. conduct examinations of witnesses, claimants or adverse parties and prepare and assist in the preparation of reports, accounts and pleadings; f. give the Debtor advice concerning the requirements of the Bankruptcy Code and applicable rules; g. assist with the negotiation, formulation, and implementation of a Chapter 11 plan; h. make any appearances in the Bankruptcy Court on behalf of the Debtor; and i. take such other action and perform such other services as the Debtor may require during the pendency of the bankruptcy case. Mark E. Brenner will be paid at the hourly rate of $250. Mark E. Brenner will also be reimbursed for reasonable out-of-pocket expenses incurred. Mark E. Brenner 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. Mark E. Brenner can be reached at: Mark E. Brenner, Esq. 2625 Townsgate Rd., No. 330 Westlake Village, CA 91361 Tel: (747) 222-7000 E-mail: mebrenner@gmail.com About Studio Production Center Studio Production Center, Inc., filed a Chapter 11 bankruptcy petition (Bankr. C.D. Cal. Case No. 19-12866) on Nov. 15, 2019, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Mark E. Brenner, Esq. SUMMIT VIEW: Hires Stearns Weaver as Special Counsel ---------------------------------------------------- Summit View, LLC, seeks authority from the U.S. Bankruptcy Court for the Middle District of Florida to employ Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., as special counsel to the Debtor. Summit View requires Stearns Weaver to represent and assist the Debtor in two Florida State Court proceedings concerning property rights, zoning, code and land use regulation ("Land Use Issues"): (a) Janet and Harry Denlinger v. Summit View, LLC, City of Dade City, Michael Sherman as Dade City Community Development Director, Keene Services, Inc., Southwest Florida Water Management District, Brian Armstrong as Southwest Florida Water Management District Executive Director, and Florida Design Consultants, Inc., Circuit Court Case No. 2018-CA-001241, pending in the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida; and (b) Harry and Janet Denlinger v. Southwest Florida Water Management District and Summit View, LLC, Case No. 2D2019- 3835, pending in the Florida Second District Court of Appeal. Stearns Weaver will be paid at the hourly rates of $250 to $425. Stearns Weaver holds a prepetition claim against the Debtor's estate in the amount of $154,632.49. Stearns Weaver will also be reimbursed for reasonable out-of-pocket expenses incurred. Darrin J. Quam, partner of Stearns Weaver Miller Weissler Alhadeff & Sitterson, 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. Stearns Weaver can be reached at: Darrin J. Quam STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. 401 East Jackson Street, Suite 2100 Tampa, FL 33602 About Summit View Summit View, LLC is a single asset real estate debtor (as defined in 11 U.S.C. Section 101(51B)). It previously filed Chapter 11 petition (Bankr. M.D. Fla. Case No. 09-06495) on April 2, 2009. Summit View sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-10111) on Oct. 24, 2019. At the time of the filing, the Debtor was estimated to have assets of between $1 million and $10 million and liabilities of the same range. The Debtor tapped Alberto F. Gomez, Jr., Esq., at Johnson, Pope, Bokor, Ruppel & Burns, LLP. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., as special counsel. SUN PACIFIC: Subsidiary Obtains Patent for Frame-Less Solar Panel ----------------------------------------------------------------- The United States Patent and Trademark Office has issued patent number US 10,522,701 B2 to National Mechanical Group Corp., a wholly owned subsidiary of Sun Pacific Holding Corp., for a Frame-Less Encapsulated Photo-Voltaic (PV) Solar Power Panel By Encapsulating Solar Cell Modules Within Optically-Transparent Epoxy-Resin Material Coating a Phenolic Resin Support Sheet. The Company will begin work developing a business plan for expanding on either manufacturing or licensing of the technology in 2020. About Sun Pacific Headquartered in Manalapan NJ, Sun Pacific Holding Corp -- http://www.sunpacificholding.com/-- offers "Next Generation" solar panel and lighting products by working closely with design, engineering, integration and installation firms in order to deliver turnkey solar and other energy efficient solutions. The Company provides solar bus stops, solar trashcans and "street kiosks" that utilize advertising offerings that provide State and local municipalities with costs efficient solutions. The Company provides general, electrical, and plumbing contracting services to a range of both public and commercials customers in support of its goals of expanding its green energy market reach. Sun Pacific reported a net loss of $1.77 million in 2018 following a net loss of $2.21 million in 2017. As of Sept. 30, 2019, the Company had $6.67 million in total assets, $10.97 million in total liabilities, and a total stockholders' deficit of $4.30 million. Turner, Stone & Company, L.L.P., in Dallas, Texas, the Company's auditor since 2017, issued a "going concern" qualification in its report dated April 4, 2019, on the consolidated financial statements for the year ended Dec. 31, 2018 citing that the Company has suffered recurring losses from operations since inception and has a significant working capital deficiency, both of which raise substantial doubt about its ability to continue as a going concern. SUPPERTIME INC: Hires Craig I. Kelley as Bankruptcy Counsel ----------------------------------------------------------- Suppertime, Inc., requests permission from the U.S. Bankruptcy Court for the Southern District of Florida to employ Craig I. Kelley and the law firm of Kelley, Fulton & Kaplan P.L. as the Debtor's general counsel in this bankruptcy case. The professional services the attorney will render are: (a) Give advice to the Debtor with respect to its powers and duties as a Debtor in possession and the continued management of its business operations; (b) Advise the Debtor with respect to its responsibilities in complying with the U.S. Trustee's Operating Guidelines and Reporting Requirements and with the rules of the court; (c) Prepare motions, pleadings, orders, applications, adversary proceedings, and other legal documents necessary in the administration of the case; (d) Protect the interest of the Debtor in all matters pending before the court; (e) Represent the Debtor in negotiation with its creditors in the preparation of a plan. Craig I. Kelley and Kelley, Fulton & Kaplan P.L. have agreed to perform the services at $450.00 per hour for partners' fees, $450.00 per hour for associates' fees and $135.00 per hour for paralegal fees. The firm has received a retainer in the amount of $22,500.00, which includes the filing fee of $1,717.00. The Debtor has agreed to pay the sum of $3,000.00 per month to the attorney and law firm during the pendency of the case as a post-petition retainer toward future fees, with any balance to be made available for funds needed for the initial plan payments after confirmation. Neither the attorney nor firm have any connection with the creditors or other parties-in-interest or other parties-in-interest or their respective attorneys. Neither the attorney nor the firm represent any interest adverse to the Debtor. The firm may be reached at: Craig I. Kelley, Esq. Kelley, Fulton & Kaplan P.L. 1665 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 Tel: (561) 491-1200 Fax: (561) 684-3773 About Suppertime Suppertime, Inc. operates as a restaurant known as Hurricane Cafe, which is located in Juno Beach, Florida. Suppertime sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 19-25666) on Nov. 20, 2019. The petition was signed by G. Scott Philip, president. At the time of the filing, the Debtor disclosed assets under $100,000 and less than $1 million in debts. The Debtor is represented by Craig I. Kelley, Esq. at Kelley, Fulton & Kaplan, P.L. The case has been reassigned to Judge Mindy A. Mora. Judge Erik P. Kimball was removed from the case. SUPPERTIME INC: Hires Harold Lightman as Accountant --------------------------------------------------- Suppertime, Inc., seeks permission from the U.S. Bankruptcy Court for the Southern District of Florida to employ Harold Lightman, CPA of the firm Harold Lightman MBA, to render these professional services: (a) Prepare tax returns; (b) Compile monthly balance sheets and income statements; (c) Prepare monthly debtor-in-possession reports required by the U.S. Trustee's Office, including detailed trial balance sheets, bank account reconciliations, sorted and coded check registers, and monthly transaction registers; (d) Assist in connection with the Chapter 11 Reorganization; and (e) Provide other accounting and tax services as required. The firm will perform the required services at a rate of $575 per month. To the best of the Debtor's knowledge, the accounting firm does not have any connection with the Creditors or other parties in interest or their respective attorneys, the U.S. Trustee, or any person employed in the Office of the U.S. Trustee as required by Bankruptcy Rule 2014. Neither the accountant nor the accounting firm represent any interest adverse to the Debtor. The firm may be reached at: Harold Lightman, CPA Harold Lightman MBA 712 US Highway One, Suite 200 North Palm Beach, FL 33408 Tel: (561) 627-3089 Fax: (561) 627-1821 Email: haroldlightman@yahoo.com About Suppertime Suppertime, Inc. operates as a restaurant known as Hurricane Cafe, which is located in Juno Beach, Florida. Suppertime sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 19-25666) on Nov. 20, 2019. The petition was signed by G. Scott Philip, president. At the time of the filing, the Debtor disclosed assets under $100,000 and less than $1 million in debts. The Debtor is represented by Craig I. Kelley, Esq. at Kelley, Fulton & Kaplan, P.L. The case has been reassigned to Judge Mindy A. Mora. Judge Erik P. Kimball was removed from the case. SUPPLEMENTS LT: Court Approves William Kaye as Receiver ------------------------------------------------------- The Court of Chancery of the State of Delaware entered an order appointing William Kaye as receiver for Supplements LT Inc. f/k/a Leiner Health Products Inc. to recover all assets, rights, and claims from or with respect to taxes of the Company. Pursuant to the receiver order, Mr. Kaye seeks interested parties to submit proposed bids in writing by electronic mail to billkaye@jllconsultants.com, with a copy to counsel for the receiver, Colin R. Robinson at crobinson@pszjlaw.com, on or before Jan. 10, 2020, at 5:00 p.m. (Eastern Time). All requests for information regarding the tax assets will be directed to the receiver in writing via electronic mail. Mr. Robinson can be reached at: Colin R. Robinson 919 N. Market Street, 17th Floor Wilmington, DE 91899 Tel: (302) 652-4100 Email: crobinson@pszjlaw.com About Leiner Health Based in Carson, California, Leiner Health Products Inc. nka Supplements LT Inc. -- http://www.leiner.com/-- manufactures and supplies store brand vitamins, minerals and nutritional supplements products, and over-the-counter pharmaceuticals in the US food, drug and mass merchant and warehouse club retail market. In addition to its primary VMS and OTC products, they provide contract manufacturing services. During the fiscal year ended March 31, 2007, the VMS business comprised approximately 61% of net sales. On March 20, 2007, they voluntarily suspended the production and distribution of all OTC products manufactured, packaged or tested at its facilities in the US. The company filed for Chapter 11 protection on March 10, 2008 (Bankr. D. Del. Lead Case No.08-10446). Jason M. Madron, Esq., and Mark D. Collins, Esq., at Richards, Layton & Finger, P.A., represent the Debtors. The Debtors selected Garden City Group Inc. as noticing, claims and balloting agent. The U.S. Trustee for Region 3 appointed creditors to serve on an Official Committee of Unsecured Creditors in these cases. The Committee selects Saul Ewing LLP as its counsel. As reported in the Troubled Company Reporter on April 10, 2008, the Debtors' schedules of assets and liabilities showed total assets of $133,412,547 and total debts of $477,961,526. SWINGING TAIL: Seeks to Hire W Greene as Accountant --------------------------------------------------- Swinging Tail Cattle Co., Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of North Carolina to hire W Greene PLLC. The services to be provided by the firm include the preparation of the Debtor's 2019 tax returns and payroll records. The accountant who will supervise and review the majority of the work on the Debtor's tax returns is M. Wade Greene. Ms. Greene charges $250 per hour for her services while her associate, Maria Hyatt, charges $100 per hour. Ms. Greene assured the court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: M. Wade Greene, CPA W Greene PLLC 251 Washington St. Whiteville, NC 28472 Phone: +1 910-207-6564 About Swinging Tail Cattle Swinging Tail Cattle Co., Inc., a privately held company in the agricultural production, farms and livestock industry, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.C. Case No. 19-05701) on Dec. 12, 2019. In the petition signed by Jacqueline W. Lennon, president, the Debtor estimated $500,000 to $1 million in assets and $1 million to $10 million in liabilities. Judge Joseph N. Callaway oversees the case. David J. Haidt, Esq., at Ayers & Haidt, PA, is the Debtor's legal counsel. TERRAVISTA PARTNERS: Impact Floors Says Disclosure Has Omissions ---------------------------------------------------------------- Impact Floors of Texas, LP, files an objection to the Disclosure Statement for Joint Chapter 11 Plan of Reorganization of Terravista Partners – Pecan Manor, Ltd., Terravista Partners – Roselawn, Ltd., Terravista Partners Spanish Spur, Ltd., and Terravista Partners – Westwood, Ltd., saying that the Disclosure Statement, in many instances, provides no information, while other times, the information the Debtors design to provide, is misleading and incomplete. Impact Floors points out that Class 9, 10, 11 and 12 Claims presumably comprise of claimants holding Mechanics and Materialmen liens against the Westwood, Roselawn, Pecan and/or Spanish Spur properties and yet there is no breakdown of the claimants holding such claims so that they and more specifically, Impact Floors, can determine whether their claims are included in Classes 9 – 12. The Debtors allege that the purchase price for Pecan Manor ($5,140,000), Roselawn ($4,720,000), Spanish Spur ($8,500,000), and Westwood ($16,940,000). According to Impact, the Debtors should be required to disclose or provide a good faith estimate if Classes 9 - 12 Claimants are going to be paid from the proceeds of the sale of the Pecan, Westwood, Roselawn, Spanish Spur and Pecan Properties. Impact Floors pray that the Court deny the sufficiency of the Disclosure Statement as it does not contain adequate information as required by Section 1125(a) of the Code; or require Debtors to provide the information set forth above; and that the Court grant Impact Floors such other and further relief both at law and in equity to which he may be justly entitled. Impact is a limited partnership which delivered and provided labor, services and materials for the improvement and construction of the project known as The Villas of Pecan Manors located at 6840 Pecan Valley Drive, San Antonio, Texas 78223. The amount due and owing to Impact up through the Petition Date, is at least $8,621.88, exclusive of accruing interest and other charges, with additional amounts owed and accrued after the Petition Date. A full-text copy of Impact's objection is available at https://tinyurl.com/wwcc8vn from PacerMonitor.com at no charge. Impact Floors is represented by: WILLIAM L. SIEGEL GEORGE A. (TONY) MALLERS COWLES & THOMPSON, P.C. 901 Main Street, Suite 3900 Dallas, TX 75202 Tel: (214) 672-2000 Fax: (214) 672-2020 E-mail: bsiegel@cowlesthompson.com E-mail: tmallers@cowlesthompson.com About Terravista Partners Terravista Partners - Hidden Village, Ltd. conducts business under the names Hidden Village Apartments and Hidden Village Apartment Homes. It is a real estate lessor headquartered in San Antonio, Texas. Terravista Partners filed a Chapter 11 petition (Bankr. W.D. Tex. Case No. 18-52901) on Dec. 4, 2018. The petition was signed by Philip W. Stewart, president of Terravista - Hidden Village Corporation. At the time of the filing, the Debtor was estimated to have assets and liabilities of between $1 million and $10 million. Four affiliates Terravista Partners - Pecan Manor, Ltd., aka The Villas of Pecan Manor (Case No. 19-51100), Terravista Partners - Roselawn, Ltd., aka Roselawn Apartment (Case No. 19-51101), Terravista Partners - Spanish Spur, Ltd., aka Spanish Spur Apartments (Case No. 19-51104), and Terravista Partners - Westwood, Ltd., aka Westwood Plaza Apartments (Case No. 19-51105) each filed a Chapter 11 petition on May 6, 2019. The cases are jointly administered under Case No. 19-51100. Judge Craig A. Gargotta oversees the cases. The Law Offices of William B. Kingman, P.C., is the Debtors' counsel. TRIDENT CRATING: Unsecureds to Get 50% of Net Profit for 5 Years ---------------------------------------------------------------- Trident Crating & Services, Inc., filed a reorganization plan that will be funded through future business income of the Debtor. The current management will remain in control. The Plan proposes to treat claims as follows: * Class 3(b) Secured Creditors. IMPAIRED. -- Internal Revenue Service filed a secured claim for $362,603.29. The Debtor will pay this claim in full plus statutory interest in monthly installments and the claim will be paid in full in 120 equal monthly payments. The payments will be approximately $3,850.00 per month with the first monthly payments being due and payable on the 15th day of the first full calendar month following 60 days after the effective date of the plan. -- 14310 14320 Interdrive East, LLC filed a secured claim for $66,152.43. The Debtor will pay this claim in full plus 5% interest in monthly installments and the claim will be paid in full in 120 equal monthly payments. The payments will be approximately $702.00 per month with the first monthly payments being due and payable on the 15th day of the first full calendar month following 60 days after the effective date of the plan. * General Unsecured Claims. Each year, if the Reorganized Debtor made a profit, after income taxes, and after making all priority and secured plan payments and normal overhead payments, the Reorganized Debtor shall pay to the allowed unsecured creditors their pro rata share of 50% of the net profit for the previous year, in twelve monthly payments beginning on September 15th of the year in which the financial statement is mailed to these creditors. Each year, during the term of the five-year Plan, the Reorganized Debtor will repeat the 12-month payment plan to the allowed unsecured creditors if the Reorganized Debtor made a net profit the previous year as reflected in the previous year's financial statement. This payout will not exceed five years, and at the end of the five-year Plan term, the remaining balance owed, if any, to the allowed unsecured creditors will be discharged. * Insider Claims. Insiders will not be paid any prepetition claims during the term of the Plan and their claims will be discharged upon confirmation of the Plan. A full-text copy of the Disclosure Statement dated Dec. 11, 2019, is available at https://tinyurl.com/r6a65yv from PacerMonitor.com at no charge. About Trident Crating & Services Trident Crating & Services, Inc., is a manufacturer of wood containers and pallets. Established in 1982, Trident Crating specializes in export preparation of non-perishable items. It offers third-party logistics, distribution and warehousing, skidding hood boxing, military packing, vacuum packing, container loading, flat rack loading, securing and shipping of any size project. Trident Crating & Services sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 19-30907) on Feb. 19, 2019. At the time of the filing, the Debtor disclosed $166,300 in assets and $1,649,760 in liabilities. The case is assigned to Judge Jeffrey P. Norman. The Debtor hired the Law Office of Margaret M. McClure as its legal counsel. VAC FUND HOUSTON: Seeks to Hire Tiffany & Bosco as Legal Counsel ---------------------------------------------------------------- VAC Fund Houston, LLC seeks approval from the U.S. Bankruptcy Court fro the District of Nevada to hire Tiffany & Bosco, P.A. as its legal counsel. The firm will provide these services in connection with the Debtor's Chapter 11 case: (a) advise the Debtor of its duties and powers; (b) prepare motions and represent the Debtor at all hearings, meetings of creditors, conferences, trial and other proceedings and administrative matters related to its bankruptcy case; (c) review and object to claims; (d) evaluate causes of action belonging to the bankruptcy estate, advise the Debtor regarding such actions, and file complaints initiating and prosecuting causes of action belonging to the estate; (e) assist the Debtor in the administration of its case and the operation of its business and any other matters relevant to the case or to the formulation of a plan of reorganization; and (f) participate in the formulation and preparation of a plan of reorganization. Tiffany & Bosco will be paid at these rates: Christopher Kaup, Esq. $450 Ace Van Patten $250 Louis Lofredo $190 Tiffany & Bosco is "disinterested" as defined in Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Christopher R. Kaup, Esq. Tiffany & Bosco, P.A. 10100 W. Charleston Blvd Las Vegas, NV 89135 Phone: 702-258-8200 Fax: 702-258-8787 About VAC Fund Houston VAC Fund Houston, LLC, a Nevada-based company engaged in activities related to real estate, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Nev. Case No. 19-17670) on Dec 2, 2019, disclosing $15,948,556 in total assets and $17,369,695 in liabilities. The petition was signed by Christopher Shelton, trustee of VAC Fund Houston Trust, manager of Debtor. Judge Mike K. Nakagawa oversees the case. Christopher R. Kaup, Esq., at Tiffany & BOSCO, P.A., is the Debtor's legal counsel. VARTEK LLC: Seeks to Extend Exclusivity Period to Jan. 10 --------------------------------------------------------- Vartek, LLC asked the U.S. Bankruptcy Court for the Middle District of Florida to extend to Jan. 10 the exclusivity period and the deadline for the company to file a Chapter 11 plan and disclosure statement. The exclusivity period refers to the 120-day period during which only the company can file a plan of reorganization after a bankruptcy petition. The company's current exclusive filing period expired on Dec. 24 last year. Vartek also asked for an extension of the period during which the company can solicit acceptances for its plan such that the extended 180-day period will expire upon the court's conclusion of the hearing to consider confirmation of the plan. About Vartek L.L.C. Vartek, L.L.C. -- https://vartekllc.com/ -- is a privately owned manufacturer of flexible PVC hose and tubing. It manufactures reinforced hose and non-reinforced tubing products, and serves the construction, industrial, irrigation, landscape, marine, medical, pool, spa and waterscape markets. Vartek maintains a warehouse in Tampa, Fla., and a warehouse in San Diego, Calif. Vartek sought Chapter 11 protection (Bankr. M.D. Fla. Case No. 19-08083) on Aug. 26, 2019. In the petition signed by CRO William A. Long Jr., the Debtor was estimated to have assets of $1 million to $10 million and liabilities of $10 million to $50 million. Judge Catherine Peek McEwen oversees the Debtor's case. Stichter, Riedel, Blain & Postler, P.A. is the Debtor's legal counsel. VECTOR LAUNCH: U.S. Trustee Forms 5-Member Committee ---------------------------------------------------- The U.S. Trustee for Region 3 on Dec. 30 appointed five creditors to serve on the official committee of unsecured creditors in the Chapter 11 cases of Vector Launch, Inc. and Garvey Spacecraft Corporation. The committee members are: (1) Valcor Engineering Corporation Attn: Theresa Conway 2 Lawrence Road Springfield, NJ 07081 Phone: 973-544-0047 (2) Rincon Etal Investments, Inc. Attn: Robert L. Draper P.O. Box 31000 Tucson, AZ 85751 Phone: 520-429-0911 (3) Expanding TFO I, LP Attn: Christian V. H. Telles 600 California St, 11th Floor San Francisco, CA 94108 Phone: 617-949-6515 (4) M4 Engineering Inc. Attn Myles Baker 4020 Long Beach Blvd. Long Beach, CA 90807 Phone: 562-305-3391 (5) Gas Innovations Attn: Dennis H. Frings 18005 E. Hwy 225 La Porte, TX 77571 Phone: 281-471-2200 Official creditors' committees serve as fiduciaries to the general population of creditors they represent. They may investigate the debtor's business and financial affairs. Committees have the right to employ legal counsel, accountants and financial advisors at a debtor's expense. About Vector Launch and Garvey Vector Launch, Inc. -- https://www.vector-launch.com/ -- is a space technology that develops rockets and satellite computing technology. It maintains engineering and software development facilities in California and fabrication and research facilities in Arizona. Vector Launch is the parent of Garvey Spacecraft Corp. and owns 100 percent of the latter's equity interests. Vector Launch, which was formed as a Delaware corporation in 2016, is the primary operating entity and since 2016 has been the only entity with significant operations or assets. Vector Launch and Garvey Spacecraft Corp. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case Nos. 19-12670 and 19-12671) on Dec. 13, 2019. At the time of the filing, Vector Launch had estimated assets of between $10 million and $50 million and liabilities of between $1 million and $10 million. Garvey Spacecraft had estimated assets of less than $50,000 and liabilities of between $1 million and $10 million. Judge John T. Dorsey oversees both cases. The Debtors tapped Sullivan Hazeltine Allinson, LLC and Pillsbury Winthrop Shaw Pittman, LLP as their legal counsel; and Epiq Corporate Restructuring, LLC as their claims and noticing agent and administrative advisor. VESTAVIA HILLS: Case Summary & 20 Largest Unsecured Creditors ------------------------------------------------------------- Debtor: Vestavia Hills, Ltd. DBA Mount Royal Towers 9619 Chesapeake Drive Suite 103 San Diego, CA 92123 Business Description: Vestavia Hills, Ltd. dba DBA Mount Royal Towers -- https://www.mountroyaltowers.com -- operates a continuing care retirement community and assisted living facility for the elderly in Vestavia Hills, Alabama. Mount Royal Towers offers individualized senior living options to provide a convenient community lifestyle. It also provides personalized nursing care. Chapter 11 Petition Date: January 3, 2020 Court: United States Bankruptcy Court Southern District of California Case No.: 20-00018 Debtor's Counsel: James P. Hill, Esq. SULLIVAN HILL REZ & ENGEL, A PROFESSIONAL LAW CORPORATION 606 B Street, Suite 1700 San Diego, CA 92101 Tel: (619) 233-4100 E-mail: info@sullivanhill.com Total Assets: $18,531,957 Total Liabilities: $29,742,790 The petition was signed by Kevin Moriarty, president of General Partner, IPG Holding. A copy of the petition is available for free at PacerMonitor.com at: https://is.gd/qdGOZn List of Debtor's 20 Largest Unsecured Creditors: Entity Nature of Claim Claim Amount ------ --------------- ------------ 1. ActivCare Living Trade Debt $1,728 9619 Chesapeake Drive, Suite 103 San Diego, CA 92123 2. American Lighting Inc. Trade Debt $552 P.O. BOX 10872 Birmingham, AL 35202 3. Ameripride Services Inc. Trade Debt $369 P.O. Box 1564 Bemidji, MN 56619-1564 4. Calvin Anthony Morris Trade Debt $400 216 Mamie Lane Birmingham, AL 35215 5. Cantata Health Trade Debt $402 fka NTT Data P.O. Box 123875 Dallas, TX 75312-3875 6. Custom Medical Solutions Trade Debt $8,634 7100 Northland Circle #410 Brooklyn Park, MN 55428 7. Elisabeth Eisner Legal Fees $715 4040 Porte De Palmas, Suite 32 San Diego, CA 92122 8. Felder Services, LLC Trade Debt $18,622 P.O. Box 70171 Mobile, AL 36670 9. Just Medical Inc. Trade Debt $3,495 1071 Jamestown Blvd, Unit D-6 Watkinsville, GA 30677 10. Malimar Technology Trade Debt $360 Group, Inc. P.O. Box 880595 San Diego, CA 92168 11. McKesson Trade Debt $14,820 PO Box 630693 Cincinnati, OH 45263-0693 12. Medico Inc. Trade Debt $649 1600 7th St. North Clanton, AL 35045 13. Mobilex USA Trade Debt $405 P.O. Box 17462 Baltimore, MD 21297 14. Nutrition Systems Trade Debt $1,857 Consulting P.O. Box 5229 Jackson, MS 39296 15. OmniCare, Inc. Trade Debt $11,239 Dept 781668 Detroit, MI 48278-1668 16. PointclickCare Trade Debt $3,401 Technologies IN P.O. Box 674802 Detroit, MI 48267 17. Restore Therapy Services Trade Debt $22,957 245 Cahaba Valley Parkway #2 Pelham, AL 35124 18. Seniors Resource Guide Trade Debt $533 P.O. Box 6027 Denver, CO 80206 19. Trinity Contractors LLC Trade Debt $638 561 Simmons Drive Trussville, AL 35173 20. Willis of Alabama Trade Debt $3,681 P.O. Box 730416 Dallas, TX 75373 WC 56 EAST AVENUE: Seeks to Hire Lain Faulkner as Accountant ------------------------------------------------------------ WC 56 East Avenue, LLC, seeks approval from the U.S. Bankruptcy Court for the Western District of Texas to hire Lain, Faulkner & Co., P.C. as its accountant. The services to be provided by the firm include financial advice and the preparation of the Debtor's bankruptcy schedules, statement of financial affairs and monthly operating reports. The firm's hourly fees are: Director $350 - $450 CPA/Accounting Professional $240 - $340 IT Professional $275 Staff Accounting $150 - $240 Clerical Services $80 - $110 Brian Crisp and Aniza Rowe, the firm's accountants designated to provide the services, charge $375 per hour and $250 per hour, respectively. All Lain Faulkner members are "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Brian Crisp Lain, Faulkner & Co., P.C. 400 N. St. Paul, Suite 600 Dallas, TX 75201 Phone: 214-777-0289/214-720-1929 Email: bcrisp@lainfaulkner.com About WC 56 East Avenue WC 56 East Avenue, LLC, is a single asset real estate debtor, as defined in Section 101(51B) of the Bankruptcy Code. WC 56 East Avenue sought Chapter 11 protection (Bankr. W.D. Tex. Case No. 19-11649) on December 2, 2019, in Austin, Texas. In the petition signed by Brian Elliott, the Debtor's corporate counsel, the Debtor was estimated to have between $10 million and $50 million in both assets and liabilities. Judge Tony M. Davis is assigned to the case. Waller Lansden Dortch & Davis, LLP, is the Debtor's legal counsel. WC 56 EAST AVENUE: Seeks to Hire Waller Lansden as Counsel ---------------------------------------------------------- WC 56 East Avenue, LLC, seeks approval from the U.S. Bankruptcy Court for the Western District of Texas to hire Waller Lansden Dortch & Davis, LLP as its legal counsel. The firm will provide services in connection with the Debtor's Chapter 11 case, which include legal advice regarding its rights and responsibilities under the Bankruptcy Code and the prosecution of actions to protect the Debtor's bankruptcy estate. The hourly fees range from $350 to $765 for partners, $255 to $360 for associates and $170 to $265 for paraprofessionals. The Debtor made an advance payment of $30,000 to Waller. Morris Weiss, Esq., a partner at Waller, disclosed in court filings that the firm is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code. Waller can be reached through: Eric J. Taube, Esq. Morris D. Weiss, Esq. Mark C. Taylor, Esq. Evan J. Atkinson, Esq. Waller Lansden Dortch & Davis, LLP 100 Congress Avenue, Suite 1800 Austin, TX 78701 Phone: (512) 685-6400 Fax: (512) 685-6417 E-mail: Eric.Taube@wallerlaw.com Morris.Weiss@wallerlaw.com Mark.Taylor@wallerlaw.com Evan.Atkinson@wallerlaw.com About WC 56 East Avenue WC 56 East Avenue, LLC is a single asset real estate debtor, as defined in Section 101(51B) of the Bankruptcy Code. It sought Chapter 11 protection (Bankr. W.D. Tex. Case No. 19-11649) on Dec. 2, 2019, in Austin, Texas. In the petition signed by Brian Elliott, the Debtor's corporate counsel, the Debtor estimated between $10 million and $50 million in both assets and liabilities. Judge Tony M. Davis is assigned to the case. The Debtor is represented by Waller Lansden Dortch & Davis, LLP. WHITE’S PLACE: Seeks Plan Deadline Extension Pending Mediation ---------------------------------------------------------------- Debtor Whites Place, LLC, moves to extend any deadline to file a plan and disclosure through and including the conclusion of its mediation with the Jacksonville Aviation Authority. On October 8, 2019, the Court entered an Order Continuing Initial Status Conference. Pursuant to the Scheduling Order, the Court directed the Debtor to file a plan and disclosure statement by December 18, 2019, and scheduled a status conference for December 19, 2019. To the extent that the Debtor does not file a plan and disclosure statement before December 18, 2019, the Scheduling Order provided that the Debtor must show cause at the December 19, 2019 status conference why the case should not be dismissed or converted. At the November hearing, the Court directed the Debtor and the JAA to conduct a global mediation in the main case and Adversary Proceeding. The Debtor and JAA are in the process of finalizing arrangements to mediate this case with Attorney Steve Busey in Jacksonville, Florida on January 23, 2020. While the exclusivity period set forth in Section 1121(e) will not expire until February 12, 2020, the timing of the proposed mediation may necessitate a corresponding extension of the Section 1121(e)(1) and 1129(e) deadlines. The Debtor requests that the Court excuse the Debtor from the plan filing deadline set forth in the Scheduling Order. A full-text copy of the Motion is available at https://tinyurl.com/sfdlxub from PacerMonitor.com at no charge. The Debtor is represented by: David S. Jennis Erik Johanson Jennis Law Firm 606 E. Madison St. Tampa, FL 33602 Tel: (813) 229-2800 E-mail: ejohanson@jennislaw.com djennis@jennislaw.com About White's Place White's Place, LLC filed a Chapter 11 bankruptcy petition (Bankr. M.D. Fla. Case No. 19-07777) on Aug. 16, 2019, disclosing under $1 million in both assets and liabilities. The case is assigned to Judge Catherine Peek McEwen. The Debtor is represented by David S. Jennis, Esq., at Jennis Law Firm. YIPPIEKIYAY SYSTEMS: U.S. Trustee Unable to Appoint Committee ------------------------------------------------------------- The Office of the U.S. Trustee on Dec. 30, 2019, disclosed in a court filing that no official committee of unsecured creditors has been appointed in the Chapter 11 case of Yippiekiyay Systems, Inc. About Yippiekiyay Systems Yippiekiyay Systems, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No. 19-10309) on Jan. 16, 2019. At the time of the filing, the Debtor had estimated assets of less than $50,000 and liabilities of between $500,001 and $1 million. The case has been assigned to Judge Kimberley H. Tyson. Robert J. Shilliday, III, Esq., at Shilliday Law, P.C., is the Debtor's legal counsel. [^] BOND PRICING: For the Week from Dec. 30, 2019 to Jan. 3, 2020 ----------------------------------------------------------------- Company Ticker Coupon Bid Price Maturity ------- ------ ------ --------- -------- 24 Hour Fitness Worldwide Inc HRFITW 8.000 43.772 6/1/2022 24 Hour Fitness Worldwide Inc HRFITW 8.000 43.917 6/1/2022 Aleris International Inc ARS 10.750 104.049 7/15/2023 Aleris International Inc ARS 10.750 104.067 7/15/2023 Alta Mesa Holdings LP / Alta Mesa Finance Services Corp ALTMES 7.875 7.063 12/15/2024 Approach Resources Inc AREX 7.000 1.863 6/15/2021 BPZ Resources Inc BPZR 6.500 3.017 3/1/2049 Bon-Ton Department Stores Inc/The BONT 8.000 10.500 6/15/2021 Bristow Group Inc BRS 6.250 6.134 10/15/2022 Bristow Group Inc BRS 4.500 18.365 6/1/2023 California Resources Corp CRC 8.000 49.776 12/15/2022 California Resources Corp CRC 5.000 98.605 1/15/2020 California Resources Corp CRC 5.500 51.459 9/15/2021 California Resources Corp CRC 8.000 49.133 12/15/2022 Chaparral Energy Inc CHAP 8.750 44.420 7/15/2023 Chaparral Energy Inc CHAP 8.750 44.457 7/15/2023 Chukchansi Economic Development Authority CHUKCH 9.750 49.454 5/30/2020 Chukchansi Economic Development Authority CHUKCH 10.250 49.500 5/30/2020 DFC Finance Corp DLLR 10.500 67.125 6/15/2020 DFC Finance Corp DLLR 10.500 67.125 6/15/2020 Dean Foods Co DF 6.500 14.500 3/15/2023 Dean Foods Co DF 6.500 14.375 3/15/2023 EP Energy LLC / Everest Acquisition Finance Inc EPENEG 9.375 1.750 5/1/2024 EP Energy LLC / Everest Acquisition Finance Inc EPENEG 8.000 1.750 2/15/2025 EP Energy LLC / Everest Acquisition Finance Inc EPENEG 9.375 2.200 5/1/2024 EP Energy LLC / Everest Acquisition Finance Inc EPENEG 8.000 1.286 2/15/2025 Energy Conversion Devices Inc ENER 3.000 7.875 6/15/2013 Exela Intermediate LLC / Exela Finance Inc EXLINT 10.000 41.374 7/15/2023 Exela Intermediate LLC / Exela Finance Inc EXLINT 10.000 39.968 7/15/2023 Ferrellgas Partners LP / Ferrellgas Partners Finance Corp FGP 8.625 56.823 6/15/2020 Ferrellgas Partners LP / Ferrellgas Partners Finance Corp FGP 8.625 60.965 6/15/2020 Fleetwood Enterprises Inc FLTW 14.000 3.557 12/15/2011 Ford Motor Credit Co LLC F 3.012 99.975 1/9/2020 Foresight Energy LLC / Foresight Energy Finance Corp FELP 11.500 2.344 4/1/2023 Foresight Energy LLC / Foresight Energy Finance Corp FELP 11.500 3.781 4/1/2023 Frontier Communications Corp FTR 8.500 61.354 4/15/2020 Frontier Communications Corp FTR 10.500 48.943 9/15/2022 Frontier Communications Corp FTR 6.250 46.966 9/15/2021 Frontier Communications Corp FTR 8.750 47.485 4/15/2022 Frontier Communications Corp FTR 9.250 48.209 7/1/2021 Frontier Communications Corp FTR 8.875 55.063 9/15/2020 Frontier Communications Corp FTR 10.500 49.300 9/15/2022 Frontier Communications Corp FTR 10.500 49.300 9/15/2022 Global Eagle Entertainment Inc ENT 2.750 44.010 2/15/2035 Grizzly Energy LLC VNR 9.000 6.000 2/15/2024 Grizzly Energy LLC VNR 9.000 6.000 2/15/2024 High Ridge Brands Co HIRIDG 8.875 0.250 3/15/2025 Hornbeck Offshore Services Inc HOSS 5.875 29.735 4/1/2020 Hornbeck Offshore Services Inc HOSS 5.000 25.169 3/1/2021 Jonah Energy LLC / Jonah Energy Finance Corp JONAHE 7.250 29.500 10/15/2025 Jonah Energy LLC / Jonah Energy Finance Corp JONAHE 7.250 28.948 10/15/2025 Legacy Reserves LP / Legacy Reserves Finance Corp LGCY 6.625 1.000 12/1/2021 Legacy Reserves LP / Legacy Reserves Finance Corp LGCY 8.000 2.422 9/20/2023 MAI Holdings Inc MAIHLD 9.500 21.000 6/1/2023 MAI Holdings Inc MAIHLD 9.500 20.300 6/1/2023 MAI Holdings Inc MAIHLD 9.500 20.359 6/1/2023 MF Global Holdings Ltd MF 9.000 15.602 6/20/2038 MF Global Holdings Ltd MF 6.750 15.625 8/8/2016 Mashantucket Western Pequot Tribe MASHTU 7.350 17.125 7/1/2026 McDermott Technology Americas Inc / McDermott Technology US Inc MDR 10.625 8.458 5/1/2024 McDermott Technology Americas Inc / McDermott Technology US Inc MDR 10.625 8.863 5/1/2024 Murray Energy Corp MURREN 12.000 0.001 4/15/2024 Murray Energy Corp MURREN 12.000 0.756 4/15/2024 NWH Escrow Corp HARDWD 7.500 50.492 8/1/2021 NWH Escrow Corp HARDWD 7.500 50.492 8/1/2021 Neiman Marcus Group LTD LLC / Neiman Marcus Group LLC / Mariposa Borrower / NMG NMG 8.000 32.077 10/25/2024 Neiman Marcus Group LTD LLC / Neiman Marcus Group LLC / Mariposa Borrower / NMG NMG 8.750 33.171 10/25/2024 Neiman Marcus Group LTD LLC / Neiman Marcus Group LLC / Mariposa Borrower / NMG NMG 8.000 31.996 10/25/2024 Neiman Marcus Group LTD LLC / Neiman Marcus Group LLC / Mariposa Borrower / NMG NMG 8.750 32.914 10/25/2024 New Gulf Resources LLC/ NGR Finance Corp NGREFN 12.250 4.001 5/15/2019 Northwest Hardwoods Inc HARDWD 7.500 50.373 8/1/2021 Northwest Hardwoods Inc HARDWD 7.500 50.373 8/1/2021 Novavax Inc NVAX 3.750 42.000 2/1/2023 Optimas OE Solutions Holding LLC / Optimas OE Solutions Inc OPTOES 8.625 60.250 6/1/2021 Optimas OE Solutions Holding LLC / Optimas OE Solutions Inc OPTOES 8.625 59.134 6/1/2021 Partners Healthcare System Inc PARHC 3.443 102.164 7/1/2021 Pinnacle Operating Corp PINNOP 9.000 44.982 5/15/2023 Pioneer Energy Services Corp PESX 6.125 27.810 3/15/2022 Post Holdings Inc POST 8.000 106.184 7/15/2025 Post Holdings Inc POST 8.000 106.683 7/15/2025 Powerwave Technologies Inc PWAV 3.875 0.020 10/1/2027 Powerwave Technologies Inc PWAV 3.875 0.020 10/1/2027 Pyxus International Inc PYX 9.875 48.641 7/15/2021 Pyxus International Inc PYX 9.875 48.934 7/15/2021 Pyxus International Inc PYX 9.875 48.934 7/15/2021 Renco Metals Inc RENCO 11.500 24.875 7/1/2003 Rolta LLC RLTAIN 10.750 10.313 5/16/2018 Sable Permian Resources Land LLC / AEPB Finance Corp AMEPER 7.125 16.899 11/1/2020 Sable Permian Resources Land LLC / AEPB Finance Corp AMEPER 7.375 17.000 11/1/2021 Sable Permian Resources Land LLC / AEPB Finance Corp AMEPER 7.125 16.899 11/1/2020 Sable Permian Resources Land LLC / AEPB Finance Corp AMEPER 7.375 17.000 11/1/2021 Sanchez Energy Corp SNEC 7.750 5.019 6/15/2021 Sanchez Energy Corp SNEC 6.125 4.750 1/15/2023 Sears Holdings Corp SHLD 8.000 1.300 12/15/2019 Sears Holdings Corp SHLD 6.625 11.875 10/15/2018 Sears Holdings Corp SHLD 6.625 12.074 10/15/2018 Sears Roebuck Acceptance Corp SHLD 7.500 1.176 10/15/2027 Sears Roebuck Acceptance Corp SHLD 7.000 0.857 6/1/2032 Sears Roebuck Acceptance Corp SHLD 6.500 1.052 12/1/2028 Sears Roebuck Acceptance Corp SHLD 6.750 0.778 1/15/2028 Sempra Texas Holdings Corp TXU 5.550 13.500 11/15/2014 Stearns Holdings LLC STELND 9.375 45.453 8/15/2020 Stearns Holdings LLC STELND 9.375 45.453 8/15/2020 Summit Midstream Partners LP SMLP 9.500 51.000 N/A Tapstone Energy LLC / Tapstone Energy Finance Corp TAPENE 9.750 0.690 6/1/2022 Tapstone Energy LLC / Tapstone Energy Finance Corp TAPENE 9.750 0.601 6/1/2022 Techniplas LLC TECPLS 10.000 85.625 5/1/2020 Techniplas LLC TECPLS 10.000 92.375 5/1/2020 Teligent Inc/NJ TLGT 4.750 34.750 5/1/2023 TerraVia Holdings Inc TVIA 5.000 4.644 10/1/2019 TerraVia Holdings Inc TVIA 6.000 4.644 2/1/2018 Tesla Energy Operations Inc/DE TSLAEN 3.600 93.865 3/19/2020 Transworld Systems Inc TSIACQ 9.500 25.839 8/15/2021 Transworld Systems Inc TSIACQ 9.500 25.839 8/15/2021 UCI International LLC UCII 8.625 4.780 2/15/2019 Ultra Resources Inc/US UPL 6.875 12.500 4/15/2022 Ultra Resources Inc/US UPL 7.125 6.780 4/15/2025 Ultra Resources Inc/US UPL 6.875 12.201 4/15/2022 Ultra Resources Inc/US UPL 7.125 7.347 4/15/2025 Unit Corp UNTUS 6.625 55.001 5/15/2021 VIVUS Inc VVUS 4.500 84.450 5/1/2020 Vine Oil & Gas LP / Vine Oil & Gas Finance Corp VRI 9.750 51.750 4/15/2023 Windstream Services LLC / Windstream Finance Corp WIN 7.500 17.750 6/1/2022 Windstream Services LLC / Windstream Finance Corp WIN 6.375 19.250 8/1/2023 Windstream Services LLC / Windstream Finance Corp WIN 6.375 13.625 8/1/2023 Windstream Services LLC / Windstream Finance Corp WIN 8.750 14.250 12/15/2024 Windstream Services LLC / Windstream Finance Corp WIN 8.750 14.009 12/15/2024 Windstream Services LLC / Windstream Finance Corp WIN 7.750 13.796 10/15/2020 Windstream Services LLC / Windstream Finance Corp WIN 7.750 13.594 10/1/2021 rue21 inc RUE 9.000 1.456 10/15/2021 ********* 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 2020. 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 ***