/raid1/www/Hosts/bankrupt/TCR

/raid1/www/Hosts/bankrupt/TCR_Public/201202.mbx T R O U B L E D C O M P A N Y R E P O R T E R Wednesday, December 2, 2020, Vol. 24, No. 336 Headlines 1006 WEBSTER: Creditors to Get Paid from Property Sale Proceeds 1006 WEBSTER: Dec. 2 Hearing on Disclosure Statement 1098 BLUE HILL: Creditors to Receive Full Payment From Refinancing 1098 BLUE HILL: Seeks Dec. 22 Hearing on Disclosures, Conversion 1098 BLUE HILL: US Trustee Says Plan Not Feasible 12 UNIVERSITY: U.S. Trustee Unable to Appoint Committee 2014 S&S INVESTMENTS: Seeks to Hire David A. Boone as Legal Counsel 3052 BRIGHTON FIRST: Objects to Secured Creditor's Plan Outline 37 CALUMET: Seeks Approval to Hire Bankruptcy Attorney 381 BROADWAY REALTY: Hearing on UST's Dismissal/Trustee Bid Dec. 17 670 KNABB: Creditors to Get Paid from Property Sale Proceeds 670 KNABB: Deutsche Bank Objects to Disclosure Statement 670 KNABB: Disclosure Statement Hearing Continued to Dec. 29 670 KNABB: United States Trustee Objects to Plan & Disclosures A-1 AUTO GLASS: Hires Bennett-Guthrie PLLC as Counsel ABSOLUTE CARE: Unsecureds Will Get 60% of Claims in 5 Years ADIO PHARMACY: Seeks to Hire Seiller Waterman as Bankruptcy Counsel ADVANCE CASE: Gets Interim Approval to Hire Akerman as Counsel AFRAYED END: Seeks to Hire Humphrey Law as Counsel ALLEN AND SCOTT: Seeks to Tap Bogard CPA as Financial Consultant ALTRA MORTGAGE: U.S. Trustee Appoints Creditors' Committee AMADUES DEVELOPMENT: Trustee Selling Potomac Property for $305K ANDREW YOUNG: Windy City Equity Trust Buying Gary Property for $53K AQUARIUS BUILDING: Court Confirms Subchapter V Plan ARMAOS PROPERTY: Taps Keen-Summit as Real Estate Broker ASCENA RETAIL: Asks Court Nod to Sell Lane Bryant & Ann Taylor ASCENA RETAIL: Justice to Close All Its Stores in Early 2021 AUGUSTA INVESTMENTS: Case Summary & 10 Unsecured Creditors AVG WEST: Seeks to Hire Joyce W. Lindauer as Counsel B2T2 FAMILY: Hires Transworld Business as Business Broker BAVARIA INN: Seeks to Hire Weinman & Associates as Legal Counsel BEN F. BLANTON: Seeks Approval to Tap Mueller Prost as Accountant BLACKWATER TECHNOLOGIES: Seeks to Tap Smith Conerly LLP as Counsel BONEYARD ARCHERY: Unsecureds Will Get 29 Cents on Dollar in Plan BRADLEY RAY FOX: Jett Buying Laguna Beach Property for $2.5M CACHET FINANCIAL: Seeks to Expand Scope of Counsel's Services CALIFORNIA RESOURCES: Joint Plan Confirmed by Judge CAMERON TRANSPORT: Taps Roscetti & DeCastro as Special Counsel CARLOS ROBLES: Dec. 16 Plan Confirmation Hearing Set CARLOS ROBLES: Unsecured Creditors to Get 5% in Plan CEA DEVELOPMENT: Voluntary Chapter 11 Case Summary CENTRO EVANGELISTICO: Selling All Assets to Jolyse for $1.6 Million CHICK LUMBER: Proposes Private Sale of 3 Toyota Tundras CNX RESOURCES: Moody's Affirms B1 CFR & Alters Outlook to Positive COOPER EXCAVATING: Seeks to Hire Starner Tax Group as Accountant CORNERSTONE PAVERS: Sets Sale Procedures for Construction Equipment COSTAR GROUP: FTC to Block Its $588 Million RentPath Deal CUSTARCHPROD LLC: Seeks to Hire Eric A. Liepins as Legal Counsel DALF ENERGY: Unsecureds to Recover Up to 100% in Plan DEER CREEK: Seeks to Hire Steidl and Steinberg as Legal Counsel DIAMOND J FARMS: Seeks to Tap James Shepherd as Bankruptcy Counsel DIOCESE OF ROCKVILLE: Seeks to Tap Nixon Peabody as Special Counsel DPW HOLDINGS: Gresham Unit Acquires Relec Electronics DURRANI M.D.: Seeks Approval to Tap Margaret M. McClure as Counsel EAGLE PIPE: Committee Taps Stout Risius as Financial Advisor EAGLE PIPE: Committee Taps Weycer Kaplan as Legal Counsel EARTH ENERGY: Seeks Approval to Hire Chief Financial Officer EARTH ENERGY: Seeks to Hire Frank B. Lyon as Legal Counsel EBONY MEDIA: Seeks to Hire Claro Group, Appoint CRO ECHO ENERGY: Court Confirms Plan of Liquidation ENALASYS CORPORATION: UST Questions Recovery for Unsecureds ENERGY ALLOYS: Selling Houston & Conroe Properties for $6.2M EVEREST HOTEL: Case Summary & 20 Largest Unsecured Creditors EVERETT ALLEN LASH: Selling 2009 Mercedes GL450 for $7K FBC GROUP: Seeks to Hire Furr Cohen P.A. as Legal Counsel FIBERCORR MILLS: Seeks to Hire Krugliak Wilkins as Special Counsel FLORIDA TILT: Seeks to Hire Zamora & Hernandez as Accountant FLUSHING LANDMARK: Seeks to Hire Joseph A. Broderick as Accountant FOUR NEW MILLENIUM: Voluntary Chapter 11 Case Summary FREEMAN HOLDINGS: Arvest Buying Springdale Property for $500K FREMONT HILLS: Gets OK to Hire Lee Bankruptcy as Legal Counsel FURNITURE FACTORY: Taps B. Riley Real Estate as Lease Consultant FURNITURELAND USA: Case Summary & 11 Unsecured Creditors GAMESTOP CORP: To Redeem $125M of Outstanding 6.75% Senior Notes GENCANNA GLOBAL: Southern Tier Lost $5 Million in Biomass Deal GENESIS PLACE: Seeks to Tap Valbridge Property as Expert Appraiser GIBSON FARMS: Taps Sagniere Consulting as Cash Flow Consultant GOLDEN HOTEL: Seeks Approval to Hire Real Estate Brokers GREEN MOUNTAIN: Hires L. William Porter as Counsel GREENPOINT TACTICAL: GPTIF, PGRE Unsecureds to Get 100% in Plans GREENSTAR HOSPITALITY: Custodian Selling Othello Property for $825K GREGORY G. SMITH: Seeks to Hire Special Litigation Counsel GROWLERU FRANCO: Unsecureds to Get 6.25% of Claims in Plan GUITAR CENTER: Expects to Emerge from Chapter 11 in December GUITAR CENTER: Taps Prime Clerk as Claims Agent HENRY FORD: Committee Seeks to Hire Perkins Coie as Lead Counsel HENRY FORD: Committee Seeks to Tap Howard & Howard as Local Counsel HIGH SIERRA THEATRES: Claims to be Paid From Sale of Real Estate HIGH SIERRA THEATRES: U.S. Bank Says Plan Lacks Feasibility HOTEL OXYGEN: Orion Objects to Noteholders' Plan & Disclosures IMPERIAL PREMIUM: Hires Pachulski Stang as Counsel INGENU INC: Files Debt-for-Equity Plan; NJDR to Provide Funding INGENU INC: Trilliant Networks Says Plan Unconfirmable INGENU INC: UST Says Feasibility Analysis Missing in Disclosures INSPIRON INC: Unsecureds to Get Cash, Collection of A/R INVERNESS TWO: Dec. 30 Hearing on 100% Plan Set J.C. PENNEY: Could Head to Another Chapter 11 J.J.W. METAL: Seeks Approval to Hire Charles A. Cuprill as Counsel J.J.W. METAL: Taps Luis R. Carrasquillo as Financial Consultant JAMES C. MORRISON: Hires DMG Consulting as Accountant JIMLYN ENTERPRISES: Unsecureds to Recover 25% in 4 Years JOCELYNE WILDENSTEIN: Plan Admin Selling New York Condo Unit 51D KC & KAJI: SubChapter V Plan Confirmed by Judge KEYSTONE AUTOMATION: Hires Rainey & Rainey as Accountant KIDS WONDERLAND: Seeks Approval to Hire Special Counsel KOLOBOTOS PROPERTIES: Seeks to Hire Joyce W. Lindauer as Counsel KRISTAL C. OWENS: Merlina Buying Pittsburgh Property for $225K LAMIL DIESEL: Amended Plan of Reorganization Confirmed by Judge LAMIL DIESEL: Unsecured Creditors to Recover 50% Under Plan LAURYN HOPE: Seeks to Hire Campbell Business as Accountant LET'S GO AERO: Seeks to Tap Wadsworth Garber as Counsel LITTLE FEET: Hancock Objection Overruled; Plan Confirmed LUCKY STAR-DEER: Seeks to Hire Joseph A. Broderick as Accountant MAGNOLIA ASSOCIATES: Plan and Disclosures Due Dec. 2 MANUFACTURING METHODS: Seeks to Hire Eamey & Company as Accountant MARIANINA OIL: Hires Zarin & Steinmetz as Special Counsel MEDIA LODGE: Seeks to Hire Gellert Scali as Legal Counsel MEDIQUIP, INC: Unsecureds to Get 54.42% Absent Hill's Contribution METRO CHRISTIAN: US Trustee Objects to Combined Plan & Disclosures MIA CAPITAL: U.S. Trustee Unable to Appoint Committee MONTMARTRE INC: Unsecureds to Recover 43% or 53% Under Plan MOUNTAIN WEST: Seeks to Hire Tolson & Wayment as Legal Counsel MUSEUM OF AMERICAN JEWISH: Hires RBC Capital as Expert Witness NEW WOODRIDGE: Hires Michelle Steele as Bookkeeper NEXT PLACE: Seeks Approval to Hire Shapiro & Hender as Counsel NPC INTERNATIONAL: Cancels Scheduled Bankruptcy Auctions PAINT THE WIND: Expects to Pay Unsecureds in Full in Plan PENNSYLVANIA REIT: Expects to Exit Chapter 11 in December PENNSYLVANIA REIT: Unsecured Claims Unimpaired in Confirmed Plan PERMIAN HOLDCO: Prosperity Bank Resigns From Committee PERSONAL FOOT: Seeks to Hire Bush Law Firm as Legal Counsel PINNACLE DEMOLITION: Seeks to Hire Certus LLP as Accountant PNW HEALTHCARE: Canyon Landlords Says Plan Disenfranchises Them PNW HEALTHCARE: Dec. 14 Plan Confirmation Hearing Set PNW HEALTHCARE: MidCap Says Funding of Class 1A Claim Is Unclear PNW HEALTHCARE: Unsecured Creditors' Recovery Hiked to 100% PNW HEALTHCARE: Ziegler Financing Objects to Disclosure Motion POCMONT PROPERTIES: Unsecureds Will Recover 23% of Claims PRIMARIS HOLDINGS: Seeks to Hire Foley Law as Legal Counsel PRIMARIS HOLDINGS: Seeks to Hire Olsen Law Firm as Legal Counsel PROPERTY CAPITAL: Case Summary & 7 Unsecured Creditors PROPULSION ACQUISITION: Moody's Upgrades CFR to Caa1, Outlook Neg PUBLISHED PAGE: Court Confirms Plan of Reorganization QUANTUM CORP: Signs $50 Million Sales Agreement with B. Riley QUEEN ELIZABETH: Seeks to Hire Joseph A. Broderick as Accountant QUESOS DEL PAIS: Court to Consider Status Report, Plan March 16 QUEST GROUP: Association Says Disclosures Is Deficient QUEST GROUP: Unsecureds Will Recover 5% Under Plan REIHNER ENTERPRISES: Court Confirms Reorganization Plan REVIV3 PROCARE: Needs Sufficient Revenue to Stay as Going Concern ROBERT A. RYALS: Selling Interest in Ashland Property for $175K RUBY TUESDAY: Closes Last Location at Jersey Shore RUBY TUESDAY: Court Approves Rent Deferrals in Chapter 11 RUMBLEON INC: Says Substantial Going Concern Doubt Exists SADDLEBROOK RESORTS: Has $1.9M Net Loss for Sept. 30 Quarter SAEXPLORATION HOLDINGS: Has $30.0MM Net Loss for Sept. 30 Quarter SANDRIDGE PERMIAN: Has $654,000 Income for Quarter Ended Sept. 30 SEADRILL PARTNERS: Case Summary & 30 Largest Unsecured Creditors SEADRILL PARTNERS: Files for Voluntary Chapter 11 Protection SEMBLANCE MEDSPA: Ombudsman Seeks to Tap Rivkin Radler as Counsel SERENDIPITY LABS: Seeks to Expand Scope of Glassratner's Employment SHAKER RD: Seeks to Hire The Foley Company as Real Estate Broker SHEA 92: Seeks Approval to Tap Richardson & Richardson as Counsel SLINGER BAG: Reports $1.4M Net Loss for Quarter Ended July 31 SMG INDUSTRIES: Has Substantial Doubt to Stay as Going Concern SOBR SAFE: Substantial Doubt on Staying as Going Concern Exists SOLEGNA HOLDINGS: Seeks to Hire Joyce W. Lindauer as Counsel SONOMA PHARMACEUTICALS: Has $120K Net Income for Sept. 30 Quarter SOTHERLY HOTELS: Reports $11.0M Net Loss for Sept. 30 Quarter SPHERE 3D: Reports $1.2M Net Loss for Quarter Ended Sept. 30 SPLASH BEVERAGE: Needs More Capital, Revenue to Stay Going Concern SRAX INC: Reports $6.6M Net Loss for Quarter Ended Sept. 30 STA VENTURES: Bay Point Capital Says Plan Unconfirmable STA VENTURES: Dec. 3 Hearing on Disclosures, Bay Point Lift Stay STA VENTURES: Unsecureds Will Get 20% Plus Sale Proceeds in Plan STAFFING 360: Discloses Substantial Doubt on Staying Going Concern STHEALTH CAPITAL: Has $331,000 Net Loss for Sept. 30 Quarter STOP & GO: Plan and Disclosures Due March 29, 2021 SUPER CALIDAD AUTO: Ordered to Amend Subchapter V Plan SUPER CALIDAD AUTO: Unsecured Creditors Will Recover 50% Under Plan TAJAY RESTAURANTS: Creditors Committee Files Liquidation Plan TAJAY RESTAURANTS: Creditors' Committee Plan Confirmed by Judge TOWN SPORTS: Owner Can Close Sales Despite Lenders' Complaints TUESDAY MORNING: John Lewis Removed as Equity Committee Member TWM RACING: Unsecureds Get 3 Yearly Payments in Subchapter V Plan UNIMEX CORPORATION: Seeks to Hire Tyler Bartl as Legal Counsel US REAL ESTATE: Unsecured Creditors Seek Ch. 11 Trustee Appointment VALARIS PLC: Court Approves $11 Million Executives' Incentives VICTORIA TOWERS: Seeks to Hire Joseph A. Broderick as Accountant VRAI TABERNACLE: Hires Brian K. Mc Mahon as Counsel W133 OWNER: Trustee Seeks to Hire Wenig Saltiel as Special Counsel WELCOME HOME: Taps David A. Boone as Legal Counsel ZIOPHARM ONCOLOGY: In Fight With Minority Investor Over Control [*] High Profile Retail Casualties of Covid-19 in 2020 [*] Small SBRA Changes Makes Huge Difference in Bankruptcy Filings ********* 1006 WEBSTER: Creditors to Get Paid from Property Sale Proceeds --------------------------------------------------------------- 1006 Webster, LLC filed with the U.S. Bankruptcy Court for the District of Columbia a Plan of Liquidation and a corresponding Disclosure Statement on October 13, 2020. The Plan provides for the Property of the Debtor to be sold first by a sale pursuant to the Court's Order of September 16, 2020 authorizing the sale of the Property free and clear of liens and encumbrances. If such sale does not close within thirty (30) days of the entry of a Confirmation Order, then the Debtor will retain an auctioneer at such time and will publicly auction the Property within ninety (90) days after the entry of a Confirmation Order. The Debtor asserts that the Property has a market value of not less than $5,000,000. Whether by a negotiated sale or by auction, the Debtor avers that all Claims will be paid in full. WCP fund 1, LLC shall retain the right to credit bid its indebtedness at any auction. Class 1 consists of the allowed Secured Claim of WCP Fund I, LLC in an amount owed as of the Petition Date of $1,399,639.70 plus accruing postpetition, interest, fees and costs at the contract rate. The Class 1 Claim of WCP fund, LLC will be paid in full from the proceeds of the sale of the Property. WCP fund 1, LLC shall retain the right to credit bid its indebtedness at any auction up to the full extent of its allowed Secured Claim as of the Petition Date, plus accruing interest, costs and fees. The date of the closing of any sale shall be deemed the Effective Date under the Plan and the Class 1 Claim shall be paid in full as of the Effective Date. Class 3 consists of the allowed Unsecured Claims against the Debtor. None are known to exist. Should any such Claims be asserted, said Claims will be paid in full from the proceeds of the sale of the Property. Class 4 consists of all Interests in Debtor. On the Effective Date, Interests in the Debtor shall be retained and the Holder(s) of such Interests shall receive any remaining distribution under the Plan on account of such Interests. A full-text copy of the disclosure statement dated October 13, 2020, is available at https://tinyurl.com/y6xunqe5 from PacerMonitor.com at no charge. Attorneys for 1006 Webster: MCNAMEE, HOSEA, JERNIGAN, KIM GREENAN & LYNCH, P.A. Craig M. Palik, Esq. John P. Lynch, Esq. 6411 Ivy Lane, Suite 200 Greenbelt, Maryland 20770 Telephone: (301) 441-2420 Facsimile: (301) 982-9450 E-mail: cpalik@mhlawyers.com About 1006 Webster 1006 Webster, LLC is a Single Asset Real Estate, whose principal assets are located at 1006 Webster St., NW Washington, DC 20011. 1006 Webster, LLC, sought Chapter 11 protection (Bankr. D. D.C. Case No. 20-00302) on July 13, 2020. The case is assigned to Judge Martin S. Teel, Jr. In the petition signed by Yared Assefaw, managing member, the Debtor was estimated to have assets and liabilities in the range of $1 million to $10 million. The Debtor tapped Craig M. Palik, Esq., at McNamee, Hosea, Jernigan, Kim, Greenan & Lynch, P.A., as counsel. 1006 WEBSTER: Dec. 2 Hearing on Disclosure Statement ---------------------------------------------------- The Court has entered an order that the hearing to consider the approval of the Disclosure Statement of 1006 Webster, LLC will be held on Dec. 2, 2020 at 2:00 PM in Courtroom 1, U.S. Courthouse, 333 Constitution Avenue, Washington, DC 20001. All objections to the disclosure statement must be filed and served pursuant to Rule 3017(a) prior to the hearing. About 1006 Webster 1006 Webster, LLC is a Single Asset Real Estate, whose principal assets are located at 1006 Webster St., NW Washington, DC 20011. 1006 Webster, LLC, sought Chapter 11 protection (Bankr. D. D.C. Case No. 20-00302) on July 13, 2020. The case is assigned to Judge Martin S. Teel, Jr. In the petition signed by Yared Assefaw, managing member, the Debtor was estimated to have assets and liabilities in the range of $1 million to $10 million. The Debtor tapped Craig M. Palik, Esq., at McNamee, Hosea, Jernigan, Kim, Greenan & Lynch, P.A., as counsel. 1098 BLUE HILL: Creditors to Receive Full Payment From Refinancing ------------------------------------------------------------------ 1098 Blue Hill Avenue, LLC filed with the U.S. Bankruptcy Court for the Eastern District of Massachusetts a Disclosure Statement for Plan of Reorganization on October 13, 2020. Class I consists of the secured claim asserted by Bayview Loan Servicing against the Real Estate. The Claim in Class I will not be impaired. The Class I creditor will be paid in full from the proceeds of a refinancing of the Real Estate. Class II consists of the secured claim assert by Luc Dumonay against the Real Estate. The claim in Class II will not be impaired. The Class II creditor will be paid in full from a refinancing. The Plan does not identify any unsecured claims. Joseph Jeudy and Luc Dumonay will each retain their 50% membership interest in the Debtor and will not be impaired. The Debtor will refinance the present loans on the Real Estate, pay the Class I and Class II creditors and retain the Real Estate. A full-text copy of the disclosure statement dated October 13, 2020, is available at https://tinyurl.com/y6c7nt8j from PacerMonitor.com at no charge. Counsel to Debtor: Gary W. Cruickshank, Esq. 21 Custom House Street Suite 920 Boston, MA 02110 Tel: (617) 330-1960 E-mail: gwc@cruickshank-law.com About 1098 Blue Hill Avenue Based in Boston, 1098 Blue Hill Avenue LLC is a single asset real estate as that term is defined in 11 U.S.C. Section 101(51B). 1098 Blue Hill Avenue LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Case No. 17-13836) on Oct. 17, 2017. In the petition signed by Joseph D. Jeudy, its manager, the Debtor was estimated to have assets and liabilities of $1 million to $10 million. Judge Frank J. Bailey oversees the case. Gary W. Cruickshank, Esq., at the Law Office Gary W. Cruickshank, is the Debtor's legal counsel. 1098 BLUE HILL: Seeks Dec. 22 Hearing on Disclosures, Conversion ---------------------------------------------------------------- Debtor 1098 Blue Hill Avenue, LLC is asking the Court to continue the hearing on the adequacy of the Disclosure Statement to December 22, 2020 at 10:30 A.M. The Office of the United States Trustee has filed a motion to convert the case to a Chapter 7 liquidation. The saaid Motion is scheduled for hearing on Dec. 22, 2020 at 10:30 A.M. The Debtor seeks to have the hearing on the adequacy of the Disclosure Statement rescheduled to the same date and time as the hearing on the Motion to Convert. About 1098 Blue Hill Avenue Based in Boston, 1098 Blue Hill Avenue LLC is a single asset real estate as that term is defined in 11 U.S.C. Section 101(51B). 1098 Blue Hill Avenue LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Case No. 17-13836) on Oct. 17, 2017. In the petition signed by Joseph D. Jeudy, its manager, the Debtor was estimated to have assets and liabilities of $1 million to $10 million. Judge Frank J. Bailey oversees the case. Gary W. Cruickshank, Esq., at the Law Office Gary W. Cruickshank, is the Debtor's legal counsel. 1098 BLUE HILL: US Trustee Says Plan Not Feasible ------------------------------------------------- William K. Harrington, the United States Trustee for Region 1, objects to the disclosure statement filed by 1098 Blue Hill Avenue, LLC for two reasons: * First, it does not contain adequate information pursuant to 11 U.S.C. Sec. 1125(a). * Second the plan of reorganization (Docket #128) ("Plan") that it supports is not confirmable on its face, because it does not comply with title 11 and is not feasible, pursuant to 11 U.S.C. Sec. 1129(a)(1) and (11). Since 2015, the Debtor's principal asset, a multi-unit residential property, has been the subject of two bankruptcy cases that have been open for more than 55 months. Under the Plan, it proposes to refinance approximately $1,589,154 in mortgage lien debt with a new loan. But it hasn't received the required loan commitment letter. Nor has it described its efforts to get one. The Disclosure Statement is deficient, because it provides no information about the Debtor's efforts to obtain takeout financing, including whom it contacted, when and the terms available. Because the Plan is facially not confirmable, the U.S. Trustee asserts that the Court should deny the Disclosure Statement. The Plan violates 11 U.S.C. Sec. 1129(a)(11), because the Debtor has not yet obtained the takeout financing that it says is necessary to effectuate its scheme. Plainly stated, the Plan is not feasible. About 1098 Blue Hill Avenue Based in Boston, 1098 Blue Hill Avenue LLC is a single asset real estate as that term is defined in 11 U.S.C. Section 101(51B). 1098 Blue Hill Avenue LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Case No. 17-13836) on Oct. 17, 2017. In the petition signed by Joseph D. Jeudy, its manager, the Debtor was estimated to have assets and liabilities of $1 million to $10 million. Judge Frank J. Bailey oversees the case. Gary W. Cruickshank, Esq., at the Law Office Gary W. Cruickshank, is the Debtor's legal counsel. 12 UNIVERSITY: U.S. Trustee Unable to Appoint Committee ------------------------------------------------------- The Office of the U.S. Trustee disclosed in a court filing that no official committee of unsecured creditors has been appointed in the Chapter 11 case of 12 University, LLC. About 12 University 12 University, LLC filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 20-11567) on Oct. 19, 2020. At the time of the filing, the Debtor disclosed assets of between $500,001 and $1 million and liabilities of the same range. Judge Brenda Moody Whinery oversees the case. Allan D. NewDelman, Esq., at Allan D. NewDelman, P.C. serves as the Debtor's bankruptcy counsel. 2014 S&S INVESTMENTS: Seeks to Hire David A. Boone as Legal Counsel ------------------------------------------------------------------- 2014 S&S Investments, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of California to hire the Law Offices of David A. Boone as its legal counsel. The Debtor requires the firm to: (a) advise the Debtor with respect to its powers and duties; (b) attend meetings and negotiate with creditors and other parties in interest; (c) take all necessary action to protect and preserve the Debtor's estate; (d) prepare legal papers and review the monthly operating reports required to be filed in the Debtor's Chapter 11 case; (e) negotiate and prepare a plan for reorganization and related agreements and documents; (f) advise the Debtor in connection with the possible sale or refinancing of its assets; (g) appear before the court; and (h) perform all other necessary legal services. The firm will be paid at these rates: Atty. David A. Boone $450 per hour Atty. Anh Nguyen $425 per hour Paralegal $200 per hour The firm received a retainer of $5,000 from the Debtor. The Law Offices of David A. Boone neither holds nor represents any interest adverse to the estate and is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code, according to a court filing. The firm can be reached through: David A. Boone, Esq. Anh H. Nguyen, Esq. Law Offices of David A. Boone 1611 The Alameda San Jose, CA 95126 Telephone: (408) 291-6000 Facsimile: (408) 291-6016 Email: ecfdavidboone@aol.com About 2014 S&S Investments 2014 S&S Investments, LLC is a privately held company in the healthcare business based in Concord, Calif. 2014 S&S Investments sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Cal. Case No. 20-41558) on Sept. 24, 2020. The petition was signed by Steve Chou, managing member. At the time of the filing, Debtor had estimated assets of less than $50,000 and liabilities of between $1 million and $10 million. Judge William J. Lafferty oversees the case. The Law Offices of David A. Boone is Debtor's legal counsel. 3052 BRIGHTON FIRST: Objects to Secured Creditor's Plan Outline --------------------------------------------------------------- Debtor 3052 Brighton First, LLC, objects to approval of the disclosure statement filed by Secured Creditor 3052 Brighton 1st Street II LLC. The Debtor claims that Secured Creditor's disclosure statement fails to discuss the consequences of several appeals in the prepetition foreclosure action filed by the Debtor. If the Debtor is successful in the appeals, Secured Creditor's claim will be substantially reduced which will affect the liquidation analysis and also the distribution to creditors in the event of a sale. The Debtor points out that the Debtor filed this case on February 6, 2020. Since the filing, the state court receiver has continued in possession and management of the Property. The disclosure statement should contain the receiver's reports as well as a summary of post-petition operations. The Debtor asserts that the disclosure statement discusses the potential tax implications for creditors, but does not discuss the tax implications of a sale on the Debtor including whether the Debtor would incur any capital gains tax from the sale. Such taxes would affect the administrative claims in the case. The Debtor submits that the Plan is nothing more than an attempt to circumvent the state court appellate process with no real benefit to any party other than Secured Creditor. A full-text copy of the Debtor's objection dated August 25, 2020, is available at https://tinyurl.com/y5y2rstk from PacerMonitor.com at no charge. Attorneys for Debtor: ROSENBERG, MUSSO & WEINER, LLP Bruce Weiner 26 Court Street, Suite 2211 Brooklyn, New York 11242 Tel: (718) 855-6840 About 3052 Brighton First 3052 Brighton First, LLC filed a Chapter 11 petition (Bankr. E.D.N.Y. Case No. 20-40794) on February 6, 2020. Bruce Weiner, Esq. is the Debtor's counsel. 37 CALUMET: Seeks Approval to Hire Bankruptcy Attorney ------------------------------------------------------ 37 Calumet Street, LLC seeks approval from the U.S. Bankruptcy Court for the Eastern District of Massachusetts to employ Gary Cruickshank, Esq., an attorney practicing in Boston, Mass., to handle its Chapter 11 case. Mr. Cruickshank will provide these legal services: (a) assist and advise the Debtor in the formulation and presentation of a plan of reorganization and disclosure statement; (b) advise the Debtor as to its duties and responsibilities; (c) perform such other legal services as may be required during the course of the Debtor's Chapter 11 case. Mr. Cruickshank will be paid at hourly rate of $400 while the paraprofessionals assisting him will be paid at $150 per hour. In addition, the Debtor will reimburse the attorney for any work-related expenses incurred. The Debtor paid the sum of $5,000, of which $3,717 was utilized for the Chapter 11 filing fee and pre-bankruptcy services provided by the attorney. Mr. Cruickshank disclosed in court filings that he is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code and does not hold or represent any interest adverse to the estate of the Debtor. The attorney can be reached at: Gary W. Cruickshank, Esq. 21 Custom House Street, Suite 920 Boston, MA 02110 Telephone: (617) 330-1960 E-mail: gwc@cruickshank-law.com About 37 Calumet Street 37 Calumet Street LLC filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Case No. 20-12253) on Nov. 19, 2020. The petition was signed by Patricia Hounsell, manager. At the time of the filing, the Debtor disclosed $1 million to $10 million in both assets and liabilities. Judge Frank J. Bailey oversees the case. Gary W. Cruickshank, Esq., serves as the Debtor's counsel. 381 BROADWAY REALTY: Hearing on UST's Dismissal/Trustee Bid Dec. 17 ------------------------------------------------------------------- The hearing on the U.S. Trustee's Motion to Dismiss the Chapter 11 case or direct the appointment of a Chapter 11 trustee for the bankruptcy case of 381 Broadway Realty Corp. will be set on December 17, 2020. The U.S. Trustee's Motion also includes the Motion for an order shortening the time and scheduling of the hearing. Per the Bankruptcy Court's General Order, the hearing shall be conducted telephonically. A copy of the Notice is available at https://bit.ly/37olyiH from PacerMonitor.com at no charge. About 381 Broadway Realty 381 Broadway Realty Corp. is a Single Asset Real Estate debtor (as defined in 11 U.S.C. Section 101(51B)). The Company is the owner of a property located at 381 Broadway, New York, having an approximate value of $19 million. 381 Broadway Realty Corp. filed a Chapter 11 petition (Bankr. S.D.N.Y. Case No. 20-12605) on Nov. 6, 2020. In the petition signed by Alan Tantleff, authorized signatory, the Debtor disclosed $19,021,000 in total assets and $23,119,091 in total liabilities. GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP, led by Kevin J. Nash, is the Debtor's counsel. 670 KNABB: Creditors to Get Paid from Property Sale Proceeds ------------------------------------------------------------ 670 Knabb LLC filed with the U.S. Bankruptcy Court for the Western District of New York a Plan of Reorganization and a Disclosure Statement on Oct. 13, 2020. The Debtor commenced this Chapter 11 bankruptcy proceeding in order to preserve and maximize the value of the Debtor's property holdings so as to allow the Debtor to address and provide an orderly means to satisfy the outstanding indebtedness associated with both the Deutsche Mortgage and KeyBank Mortgage. Class I claim holder Deutsche Bank, shall be paid the full amount of its allowed secured claim and shall retain its lien securing such claim until the entire amount of the claim is paid in full pursuant to the Plan. Class II claim holder KeyBank shall be paid the full amount of its allowed secured claim and shall retain its lien securing such claim until the entire amount of the claim is paid in full pursuant to the Plan. The Debtor is not aware of any Unsecured Claims. The Plan provides for the full and complete retention of the interests of equity security interests during the consummation and upon completion of the Plan. The Debtor shall continue to market and sell each of the Vacant Building Lots for a period of eight months from the effective date of the Plan. In the event that a bona fide contract for the purchase of a Vacant Building Lot has been executed within three months of the expiration of the Vacant Lot Marketing Term, the Vacant Lot Marketing Term shall be extended to a period of three months from the execution date of such contract. The gross proceeds of sale of a Deutsche Liened Lot shall be utilized as follows, in the following order of priority: (1) payment of any outstanding real property taxes affecting said lot; (2) payment of the expenses associated with the sale of said lot; (3) the balance of the net proceeds to Deutsche Bank with a carve-out of $10,000 to be paid to the Debtor to be held and used only for expenses associated with administration of the Plan. The gross proceeds of sale of a KeyBank Liened Lot shall be utilized as follows, in the following order of priority: (1) payment of any outstanding real property taxes affecting said lot; (2) payment of the expenses associated with the sale of said lot; (3) the balance of the net proceeds to KeyBank with a carve-out of $10,000 to be paid to the Debtor to be held and used only for expenses associated with administration of the Plan. The gross proceeds of sale of a Free and Clear Lot shall be utilized as follows, in the following order of priority: (1) payment of any outstanding real property taxes affecting said lot; (2) payment of the expenses associated with the sale of said lot; (3) the balance of the net proceeds to be split between Deutsche Bank and KeyBank, 75% and 25% respectively, with a carve-out of $10,000 to be paid to the Debtor to be held and used only for expenses associated with administration of the Plan. A full-text copy of the disclosure statement dated October 13, 2020, is available at https://tinyurl.com/y5gmqxfk from PacerMonitor.com at no charge. Attorneys for Debtor: BAUMEISTER DENZ LLP Arthur G. Baumeister, Jr., Esq., of Counsel Office and P.O. Address 174 Franklin Street, Suite 2 Buffalo, New York 14202 Phone: (716) 852-1300 Email: abaumeister@bdlegal.net About 670 Knabb 670 Knabb LLC classifies its business as single asset real estate (as defined in 11 U.S.C. Section 101(51B)). It owns five residential vacant lands and a single-family residence in Elma, N.Y., having an aggregate current value of $2.13 million. 670 Knabb sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.Y. Case No. 20-10932) on July 15, 2020. The petition was signed by Kevin Cichocki, its president. At the time of the filing, the Debtor disclosed total assets of $2,136,357 and total liabilities of $1,065,000. Judge Carl L. Bucki oversees the case. Arthur G. Baumeister, Jr., Esq., at Baumeister Denz, LLP, is the Debtor's legal counsel. 670 KNABB: Deutsche Bank Objects to Disclosure Statement -------------------------------------------------------- Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2007-QSI ("Deutsche"), objects to the Disclosure Statement and Proposed Plan of Reorganization of Debtor 670 Knabb LLC. Deutsche claims that the Debtor is not able to verify to what extent Deutsche Bank's mortgage is a lien on the vacant lots pursuant to the Debtor's proposed Disclosure Statement and Plan. There is no timeframe set forth for when this will be done or any evidence to support whether the Debtor is currently investigating the extent of which Deutsche Bank's lien covers the vacant lots. Deutsche points out that the Debtor does not have the income needed to pay Deutsche Bank on its claim according to the Operating Reports filed for July 2020, August 2020 and September 2020. Deutsche asserts that there is no evidence as set forth in the Disclosure Statement or the bankruptcy filings that indicate an ability to make payments. Deutsche further asserts that any sale of the Lot 32.1 should contemplate an easement for the driveway and access to the Developed Lot. A sale absent an easement for access to the Developed Lot will affect the marketability of the Developed Lot in the future. A full-text copy of Deutsche's objection to the Disclosure Statement dated November 19, 2020, is available at https://tinyurl.com/y4yx37mj from PacerMonitor at no charge. Attorneys for Deutsche: FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLC Elizabeth L. Doyaga, Esq. 53 Gibson Street Bay Shore, New York 11706 Tel: (631) 969-3100 About 670 Knabb 670 Knabb LLC classifies its business as single asset real estate (as defined in 11 U.S.C. Section 101(51B)). It owns five residential vacant lands and a single-family residence in Elma, N.Y., having an aggregate current value of $2.13 million. 670 Knabb sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.Y. Case No. 20-10932) on July 15, 2020. The petition was signed by Kevin Cichocki, its president. At the time of the filing, the Debtor disclosed total assets of $2,136,357 and total liabilities of $1,065,000. Judge Carl L. Bucki oversees the case. Arthur G. Baumeister, Jr., Esq., at Baumeister Denz, LLP, is the Debtor's legal counsel. 670 KNABB: Disclosure Statement Hearing Continued to Dec. 29 ------------------------------------------------------------ A hearing to consider the approval of the Disclosure Statement of 670 Knabb LLC was scheduled to be heard before Honorable Carl L. Bucki, United States Bankruptcy Judge on November 24, 2020. According to the docket, the hearing has been continued to Dec. 29, 2020 at 2:00 p.m. Buffalo(CLB)-Jackson Courthouse, Orleans Courtroom. About 670 Knabb 670 Knabb LLC classifies its business as single asset real estate (as defined in 11 U.S.C. Section 101(51B)). It owns five residential vacant lands and a single-family residence in Elma, N.Y., having an aggregate current value of $2.13 million. 670 Knabb sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.Y. Case No. 20-10932) on July 15, 2020. The petition was signed by Kevin Cichocki, its president. At the time of the filing, the Debtor disclosed total assets of $2,136,357 and total liabilities of $1,065,000. Judge Carl L. Bucki oversees the case. Arthur G. Baumeister, Jr., Esq., at Baumeister Denz, LLP, is the Debtor's legal counsel. 670 KNABB: United States Trustee Objects to Plan & Disclosures -------------------------------------------------------------- William K. Harrington, the United States Trustee for Region 2, objects to the Plan of Reorganization and the Disclosure Statement of Debtor 670 Knabb LLC. The United States Trustee objects to the Disclosure Statement because it does not contain an adequate discussion and sufficient information and disclosure due to the following: * The Debtor must provide more meaningful information regarding the Debtor including whether it has or ever had employees and whether it has or ever had any income or any bank account. * The Debtor should discuss why it acquired the real properties and from whom. Upon information and belief, affiliates or insiders of the Debtor transferred the real properties to the Debtor. * The Debtor should address whether it can confirm a plan and restructure the secured debt if it has no privity with the secured creditors. It appears the Debtor is attempting to confirm a plan restructuring the obligations not of the Debtor but of the original mortgagees. * The Debtor should address whether it agrees that it cannot confirm the Plan if the secured creditors each vote against the Plan. A full-text copy of the U.S. Trustee's objection dated November 20, 2020, is available at https://tinyurl.com/y34mgb5r from PacerMonitor at no charge. About 670 Knabb 670 Knabb LLC classifies its business as single asset real estate (as defined in 11 U.S.C. Section 101(51B)). It owns five residential vacant lands and a single-family residence in Elma, N.Y., having an aggregate current value of $2.13 million. 670 Knabb sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.Y. Case No. 20-10932) on July 15, 2020. The petition was signed by Kevin Cichocki, its president. At the time of the filing, the Debtor disclosed total assets of $2,136,357 and total liabilities of $1,065,000. Judge Carl L. Bucki oversees the case. Arthur G. Baumeister, Jr., Esq., at Baumeister Denz, LLP, is the Debtor's legal counsel. A-1 AUTO GLASS: Hires Bennett-Guthrie PLLC as Counsel ----------------------------------------------------- A-1 Auto Glass, Inc., seeks authority from the U.S. Bankruptcy Court for the Middle District of North Carolina to employ Bennett-Guthrie PLLC, as counsel to the Debtor. A-1 Auto Glass requires Bennett-Guthrie to: a. advise the Debtor as to its rights, duties, and powers as a debtor-in-possession; b. advise the Debtor as to the ability and means by which some or all of the Debtor's assets could be leased, sold, or refinanced to generate cash for the payment of such claims as may be allowed in the bankruptcy proceeding; c. advise the Debtors as to any other matter relevant to the case or the formulation of a Chapter 11 plan; d. assist the Debtor in the operation of its glass repair business; e. assist the Debtor in the preparation and filing of all the necessary statements of financial affairs, schedules, reports, disclosure statements, plans and other documents and pleadings that the Debtor is required to file in the bankruptcy case; f. represent the Debtor at all hearings, meetings of creditors, conferences, trials and other proceedings in the bankruptcy case; g. assist and advise the Debtor with regard to communications to the general creditors body regarding any matters of general interest and any proposed Chapter 11 plan; and h. perform such other legal services as may be necessary in connection with this case and the operation of the Debtor as debtor-in-possession, including to advise with regard to issues related to taxation, real estate environmental, and contractual relations. Bennett-Guthrie will be paid based upon its normal and usual hourly billing rates. On November 4, 2020, the Debtor paid $1,800 as retainer. Bennett-Guthrie will also be reimbursed for reasonable out-of-pocket expenses incurred. Erik M. Harvey, partner of Bennett-Guthrie PLLC, 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. Bennett-Guthrie can be reached at: Erik M. Harvey, Esq. BENNETT-GUTHRIE PLLC 1560 Westbrook Plaza Dr. Winston-Salem, NC 27103 Tel: (336) 765-3121 About A-1 Auto Glass A-1 Auto Glass Inc. is a company that offers auto glass repair and replacement services for windshields, side glass, and back glass. The company will service a variety of vehicle types, including trucks, heavy equipment and classic cars. A-1 Auto Glass sought Chapter 11 protection (Bankr. M.D.N.C. Case No. 20-50809) on Nov. 5, 2020. ABSOLUTE CARE: Unsecureds Will Get 60% of Claims in 5 Years ----------------------------------------------------------- Absolute Care Assisted Living & Memory Care, LLC, filed with the U.S. Bankruptcy Court for the Central District of California, Riverside Division, a Disclosure Statement describing Chapter 11 Plan of Reorganization on October 15, 2020. The purpose of the Chapter 11 was to allow Debtor to obtain additional funding to restructure its loan obligations to the secured lien holders and to readjust the positions of the various unsecured creditors and/or investors, and have additional funding to commence development of the project. Class 5 consists of the general unsecured claims of Rahim Bagheri, Mahdi Bagheri and Mohsen Pourkhatoun. This Class shall receive a monthly payment of $3,408.70 for 60 months with a distribution of 60% of the claim. Class 6 consists of equity interest holders and shall be paid as an unsecured creditor as per Class 5. The Plan will be funded by post petition funding from a third party lender/investor. A full-text copy of the Disclosure Statement dated October 15, 2020, is available at https://tinyurl.com/y5tppkck from PacerMonitor at no charge. Attorney for the Debtor: Robert S. Altagen, Esq. LAW OFFICE OF ROBERT S. ALTAGEN A Professional Corporation 1111 Corporate Center Drive, Suite 201 Monterey Park, California 91754 Tel: (323) 268-9588 Fax: (323) 268-8742 About Absolute Care Assisted Living & Memory Care Absolute Care Assisted Living & Memory Care, LLC, owns in fee simple a property located in Fontana, California, having a current value of $1.50 million, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 20-12274) on March 19, 2020. The petition was signed by Ali Monshizadeh, its manager. At the time of the filing, the Debtor disclosed total assets of $1 million to $10 million and total liabilities of the same range. The Hon. Mark S. Wallace oversees the case. The Debtor tapped Robert Altagen, Esq., at Law Offices of Robert S. Altagen, Inc., as its counsel. ADIO PHARMACY: Seeks to Hire Seiller Waterman as Bankruptcy Counsel ------------------------------------------------------------------- ADiO Pharmacy Distribution Services, PLLC seeks approval from the U.S. Bankruptcy Court for the Western District of Kentucky to hire Seiller Waterman LLC as its bankruptcy counsel. ADiO Pharmacy requires the firm to: a. advise the Debtor with respect to its powers and duties; b. takes all necessary action to protect and preserve the Debtor's estate; c. prepare legal papers; and d. perform any and all other legal services for the Debtor. Seiller Waterman neither holds nor represents any interest adverse to the Debtor's estate and is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: David M. Cantor, Esq. William P. Harbison, Esq. Seiller Waterman LLC Meidinger Tower - 22nd Floor 462 S. Fourth Street Louisville, KY 40202 Telephone: (502) 584-7400 Facsimile: (502) 583-2100 Email: cantor@derbycitylaw.com harbison@derbycitylaw.com About ADiO Pharmacy Distribution Services Paducah, Ky.-based ADiO Pharmacy Distribution Services, PLLC operates full-service pharmacies. ADiO Pharmacy Distribution Services sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Ky. Case No. 20-50588) on Nov. 19, 2020. CEO Vivek Swaminathan signed the petition. At the time of the filing, Debtor had total assets of $351,496 and total liabilities of $5,797,269. Seiller Waterman LLC is Debtor's legal counsel. ADVANCE CASE: Gets Interim Approval to Hire Akerman as Counsel -------------------------------------------------------------- Advance Case Parts, Inc. received interim approval from the U.S. Bankruptcy Court for the Southern District of Florida to hire Akerman, LLP as its legal counsel. The services that Akerman will render are: (a) advise the Debtor of its powers and duties in the continued management and operation of its business and properties; (b) attend meetings and negotiate with representatives of creditors and other parties-in-interest and advise and consult on the conduct of the case, including all of the legal and administrative requirements of operating in Chapter 11; (c) advise the Debtor in connection with any contemplated sales of assets or business combinations; (d) advise the Debtor regarding post-petition financing, cash collateral arrangements, pre-bankruptcy financing arrangements, emergence financing and capital structure, and negotiate and draft documents relating thereto; (e) advise the Debtor on matters relating to the evaluation of the assumption, rejection or assignment of unexpired leases and executory contracts; (f) advise the Debtor regarding legal issues arising in or relating to the Debtor's ordinary course of business; (g) take all necessary actions to protect and preserve the Debtor's estate, including the prosecution of actions on its behalf, the defense of any actions commenced against the estate, negotiations concerning all litigation in which the Debtor may be involved and objections to claims filed against the estate; (h) prepare legal papers; (i) negotiate and prepare a plan of reorganization, disclosure statement and all related documents, and take any necessary action to obtain confirmation of such plan; (j) attend meetings with third parties and participate in negotiations; (k) 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; (l) appear before the bankruptcy court, any appellate courts and the U.S. Trustee; and (m) perform all other necessary legal services in connection with the Debtor's Chapter 11 case. Akerman's hourly rates are: Partners $450 to $800 Associates $275 to $350 Paralegals $225 to $325 The firm requested a post-petition retainer in the amount of $30,000. Akerman is a disinterested person as that term is defined in Section 101(14) of the Bankruptcy Code, and neither holds nor represents any interest adverse to the Debtor's estate. The firm can be reached through: Eyal Berger, Esq. Akerman LLP 350 East Las Olas Boulevard, Suite 1600 Fort Lauderdale, FL 33301 Tel: 954-463-2700 Email: eyal.berger@akerman.com About Advance Case Parts, Inc. Advance Case Parts, Inc. -- http://www.advancecaseparts.com-- specializes in products and services for the supermarket and food industries. The Debtor provides service and replacement parts for refrigeration units, refrigeration case units, and oven units in commercial businesses. Advance Case Parts, Inc. filed for Chapter 11 bankruptcy protection (Bankr. S.D. Fla. Case No. 20-22320) on Nov. 10, 2020. The petition was signed by Paul Podhurst, CEO/President. At the time of filing, the Debtor estimated $1 million to $10 million on both assets and liabilities. Eyal Berger, Esq. at AKERMAN LLP represents the Debtor as counsel. AFRAYED END: Seeks to Hire Humphrey Law as Counsel -------------------------------------------------- Afrayed End Productions, Ltd., seeks authority from the U.S. Bankruptcy Court for the District of Nevada to employ Humphrey Law PLLC, as counsel to the Debtor. Afrayed End requires Humphrey Law to: a. assist and advise the Debtor in case administration and in its consultation with other parties in interest, including the Subchapter V Trustee, in the Bankruptcy Case; b. prepare, or assist in preparation, on behalf of the Debtor all necessary schedules and statements; c. assist and advise the Debtor as to its powers and duties under the Bankruptcy Code; d. defend, if appropriate, any motions brought under 11 U.S.C. 361 and 362; e. attend meetings, negotiations with committees and parties in interest and hearings before this Court on behalf of the Debtor, and communicating with Debtor about issues raised, options presented and decisions made by the Court; f. analyze all motions, objections, applications, or other pleadings filed in the Bankruptcy Case by any other interested parties, and consult with and advise the Debtor on appropriate actions; g. prepare all motions, applications, objections, responses, answers, proposed orders, reports or other papers necessary for and to support the Debtor's positions and interest in the Bankruptcy Case, including advise the Debtor with respect to a Plan of Reorganization; h. take all necessary and appropriate action to protect and preserve the Debtor's bankruptcy estate, including investigating, researching, and prosecuting avoidance, turnover, or state-law based actions and/or claims on the Debtor's behalf, objecting to claims, defending any actions commenced against the Debtor, and negotiating disputes involving the Debtor; i. assist the Debtor with review of documents and witness preparation as needed in the Bankruptcy Case; j. assist the Debtor in negotiations with other parties in interest and the Debtor regarding terms of any proposed reorganization of the Debtor; k. assist the Debtor with identifying and prosecuting any potential claims that Debtor may hold against third parties; l. advise the Debtor on whether and how best to reorganize and/or liquidate the assets of Debtor for the best interest of the Debtor, including formulating, preparing, and negotiating a plan of reorganization; and m. perform all other professional legal services necessary in connection with the Debtor's Chapter 11 proceedings. Humphrey Law will be paid at the hourly rates of $225 to $400. As of the date of the Application, Humphrey Law has received prior payments from the Debtor totaling $1,000 for all pre-petition services rendered prior to November 17, 2020. Humphrey Law has received a $5,000 retainer from a third-party source, Arthur L. Farley, the Debtor's sole-shareholder and President. Humphrey Law will also be reimbursed for reasonable out-of-pocket expenses incurred. L. Edward Humphrey, partner of Humphrey Law PLLC, 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. Humphrey Law can be reached at: L. Edward Humphrey, Esq. Patrick O'Rourke, Esq. HUMPHREY LAW PLLC 201 W. Liberty Street, Suite 350 Reno, NV 89501 Tel: (775) 420-3500 Fax: (775) 683-9917 E-mail: ed@hlawnv.com patrick@hlawnv.com About Afrayed End Productions Afrayed End Productions, Ltd., filed a Chapter 11 bankruptcy petition (Bankr. D. Nev. Case No. 20-51050) on Nov. 17, 2020, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Humphrey Law PLLC. ALLEN AND SCOTT: Seeks to Tap Bogard CPA as Financial Consultant ---------------------------------------------------------------- Allen and Scott Enterprises, Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of Indiana to employ Bogard CPA Inc. as financial consultant. Bogard CPA will render these services: (a) assist the Debtor and its counsel in assessing the current state of financial affairs of its business and in projecting short-term cash flows of its business; (b) assist the Debtor in preparing, modifying and implementing business and financial turnaround plans; (c) advise the Debtor on accounting and tax matters; (d) assist the Debtor in monitoring, investigating and assessing financial and operating information and other matters relative to the formulation and negotiation of a plan of reorganization; (e) assist the Debtor in the preparation and presentation of its financial forecasts and business plan, and assist in the negotiation of a plan of reorganization; and (f) provide other services during the course of the Debtor's Chapter 11 case. Bogard CPA has been paid a retainer of $10,000, which was used prior to the filing of the case. Heather Bogard Kegley of Bogard CPA disclosed in court filings that the firm is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Heather Bogard Kegley Bogard CPA Inc. 650 N Girls School Road, Suite E50 Indianapolis, IN 46214 Telephone: (317) 273-9157 Email: Heather@BogardCPA.com About Allen and Scott Enterprises Allen and Scott Enterprises, Inc. specializes in commercial and residential services, including but not limited to, commercial grounds maintenance and residential turf care. Visit https://www.allterrainlandscape.com for more information. Allen and Scott Enterprises sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Ind. Case No. 20-06420) on Nov. 20, 2020. D. Craig Thompson, authorized representative, signed the petition. At the time of the filing, the Debtor disclosed assets of $955,359 and liabilities of $2,393,228. Judge James M. Carr oversees the case. The Debtor tapped Hester Baker Krebs, LLC as its legal counsel and Bogard CPA, Inc. as its financial consultant. ALTRA MORTGAGE: U.S. Trustee Appoints Creditors' Committee ---------------------------------------------------------- The Office of the U.S. Trustee appointed a committee to represent unsecured creditors in the Chapter 11 case of Altra Mortgage Capital, LLC. The committee members are: (1) Kings Peak Holdings, LLC Representative: Donald Plotsky 3000 E. Primrose Trail Kamas, UT 84036 Tel: (818) 445-5299 Eil: dplotsky@uintapartners.com (2) Quatrro Mortgage Solutions Inc. Representative: Prateek Datta 5008 Meadow Lane Marietta, GA 30068 Tel: (650) 252-0184 Email: Prateek.datta@quatrro.com 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 ALTRA Mortgage Capital LLC ALTRA Mortgage Capital LLC sought protection for relief under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Calif. Case No. 20-11653) on Sept. 10, 2020. At the time of the filing, the Debtor estimated 50,000 in assets and $500,001 to $1 million in liabilities. Judge Victoria S. Kaufman oversees the case. The Law Offices of Michael Jay Berger represents the Debtor as counsel. AMADUES DEVELOPMENT: Trustee Selling Potomac Property for $305K --------------------------------------------------------------- Cheryl E. Rose, Chapter 11 Trustee of Amadues Development, LLC, asks the U.S. Bankruptcy Court for the District of Maryland to authorize the sale of the real property located at 13223 Query Mill Road, Potomac, Maryland to Alexander Permison for $305,000. A Purchase Agreement and Addendums with the Buyer has been obtained by the Trustee with a final purchase price of $305,000. The Purchaser is ready to settle upon approval of the Court. The Contract was accepted after two contracts were received and the best and final price was negotiated higher via an escalation clause. The Purchaser originally offered $275,000. The Trustee submits that the offer from the Buyer is fair and reasonable and is an accurate reflection of the market value of the Property. The Contract proposes to pay a sales commission of 5% to the broker ReMax Realty Group at closing as authorized by the Court. Upon closing under the Contract, the Estate will pay the ReMax Realty Group a commission of $15,250. The transfer of the Property to the Purchaser is exempt from any transfer or stamp tax, whether imposed against the Debtor or the Purchaser. The Spouse Lien, Liu/Spouse Lien and the lien of the Owner Group are the subject of a bona fide dispute and may be avoided. Consequently, these liens are in bona fide dispute for purposes of 11 U.S.C. Section 363(f)(4). In addition, the Spouse, Liu and the Spouse and the Owner Group could be compelled in a legal or equitable proceeding to accept a money satisfaction of their respective interests. It is the Trustee's understanding that the Owner Group consents to the relief sought. The Trustee has filed contemporaneously with the Motion, the Notice of Sale Under Section 363 of her intent to sell the Property, the hearing date of Dec. 14, 2020 at 11:00 a.m. The Notice was served to all creditors and interested parties on the mailing matrix in the case. The Trustee also asks that, in the event that the sale to the Buyer does not close she be authorized to sell to a substitute purchaser without further notice so long as the contract has substantially the same or better terms. The Trustee will go to settlement on the property located at 13211 Query Mill Road on Dec. 2, 2020. The sale of the property was previously approved by the Court and the parties to the case. The liens of Mrs. Qi and the tax sale certificate holder, as well as the escrow for the Montgomery County bond will be paid prior to the sale of the Property located. A copy of the Contract is available at https://tinyurl.com/y4o8atqj from pacerMonitor.com free of charge. About Amadues Development Amadues Development LLC is a privately held company in the residential building construction business. Amadues Development sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Case No. 19-19515) on July 15, 2019. At the time of the filing, the Debtor disclosed $2,094,200 in assets and $1,456,864 in liabilities. The case is assigned to Judge Thomas J. Catliota. McNamee, Hosea, Jernigan, Kim, Greenan & Lynch, P.A., is the Debtor's legal counsel. ANDREW YOUNG: Windy City Equity Trust Buying Gary Property for $53K ------------------------------------------------------------------- Surplus Management Systems, LLC ("SMS"), an affiliate of Andrew L. Young, asks the U.S. Bankruptcy Court for the Northern District of Illinois to authorize the sale of the following four parcels of real property to Windy City Private Equity Trust No. 837-20210613 for $53,000, on the terms of their Indiana Commercial Real Estate Purchase Agreement, "as is" free and clear of all liens, claims and encumbrances: (i) 2830 Hanley St; Gary, IN; Parcel ID #45-07-13-452-016.000-003 6737 SF Thiel's Black Oaks Lot 18, Block 1; (ii) 2880 Hanley St; Gary, IN; Parcel ID #45-07-13-452-021.000-003 8152 SF Thiel's Black Oaks Lot 23, Block 1; (iii) 2871 Burr St; Gary, IN; Parcel ID #45-07-13-451-004.000-003 3511 SF Thiel's Black Oaks Block 2, Easterly Part of Lots 29 & 30; and (iv) 2843 Burr St; Gary, IN; Parcel ID # 45-07-13-451-003.000-003 797 SF Thiel's Black Oaks Block 2, easterly Part of Lot 31. The Agreement has no contingencies other than SMS' obligation to obtain Court approval and convey merchantable title for the Property to the Purchaser pursuant to a trustee's deed. The Closing is to occur no later than 15 days after the Court's approval order is final and non-appealable. Furthermore, any prior year taxes outstanding with respect to the Property will be paid by SMS at closing, and current year property taxes will be prorated between SMS and the Purchaser as of the closing date (with SMS' portion of current year property taxes also paid at closing). The Purchaser is a private investor with no connections to any of the Debtors. Based on the aggregate square footage of the Property of approximately 19,197, the Purchase Price reflects a price of approximately $2.50 per square foot. Considering the nature of the Property as non-contiguous, vacant lots and the Debtors' ongoing efforts to market nearby properties for sale at a similar price, SMS submits that the Purchase Price is fair and reasonable. SMS submits that the proposed sale of the Property to the Purchaser is in the best interests of its bankruptcy estate because it will generate net proceeds of approximately $40,000 after payment of real estate taxes and closing costs. The business justification for the proposed sale is that the Property is vacant land which SMS acquired as investment property, and the proposed sale to the Purchaser for development is consistent with that business purpose. The Lake County Treasurer is the only known lienholder with respect to the Property. SMS expects that the Lake County Treasurer will consent to the proposed sale to provide for payment of outstanding taxes on the Property. However, SMS submits that, even if the Lake County Treasurer does not consent, section 363(f)(3) allows for the sale of the Property free and clear of any interests, including all liens, claims and encumbrances, because the Purchase Price exceeds the value of all liens on the property. Furthermore, all tax claims will be paid in full at closing and any related liens will be satisfied. SMS proposes that the net proceeds from the sale of the Property will be deposited in its DIP bank account and held subject to further order of the Court. Furthermore, it will file and serve a report of sale within seven days of the closing, as required by Fed. R. Bankr. P. 6001(f)(1) and Local Rule B-6004-1(c). To ensure that the proposed sale can proceed promptly to closing following the entry of an approval order, SMS asks that the Court waives the 14-day stay pursuant to Fed. R. Bankr. P. 6004(h) for cause shown. A copy of the Agreement is available at https://tinyurl.com/y43qtb78 from PacerMonitor.com free of charge. Wadsworth, Illinois-based Andrew L. Young filed for Chapter 11 bankruptcy protection on November 23, 2009 (Bankr. N.D. Ill. Case No. 09-44322). Gregory K. Stern, Esq., at Gregory K. Stern, P.C., assists the Company in its restructuring effort. The Company was estimated to have assets at $10 million to $50 million in assets and liabilities at $1 million to $10 million in its Chapter 11 petition. AQUARIUS BUILDING: Court Confirms Subchapter V Plan --------------------------------------------------- Judge Robert A. Mark has entered an order confirming the Plan of Aquarius Building, Inc., pursuant to 11 U.S.C. §1191. The Court finds the Plan satisfies the conditions of 11 U.S.C. Sec. 1129(a) and is therefore classified as a consensual Subchapter V plan under 11 U.S.C. Sec. 1191. On and after the Effective Date, the Reorganized Debtor may operate its businesses and may use, acquire and dispose of property free of any restrictions of the Bankruptcy Code and Bankruptcy Rules and in all respects as if there were no pending case under any chapter or provisions of the Bankruptcy Code, except as provided therein. The Reorganized Debtor shall comply with the guidelines set forth by the Office of the United States Trustee until the closing of this case by the issuance of a Final Decree by the Bankruptcy Court The "Other Provisions" section of Article 4.3 of the Plan concerning Class 3 shall be modified to state as follows: * Default Terms: The default terms are as set forth in the 2017 FMCC Order. * Conflict: In the event of a conflict between the terms of this Plan and the 2017 FMCC Order, the 2017 FMCC Order shall control. A copy of the Plan is available at: https://www.pacermonitor.com/view/LRM2LNI/Aquarius_Building_Inc__flsbke-20-15108__0137.0.pdf?mcid=tGE4TAMA A copy of the Plan Confirmation Order is available at: https://www.pacermonitor.com/view/UV4A7FQ/Aquarius_Building_Inc__flsbke-20-15108__0183.0.pdf?mcid=tGE4TAMA Counsel for the Reorganized Debtor: Michael S. Hoffman Hoffman, Larin & Agnetti, P.A. 909 North Miami Beach Boulevard, # 201, Miami, Florida 33162 Phone: (305) 653-5555 E-mail: mshoffman@hlalaw.com About Aquarius Building Aquarius Building, Inc., a swimming pool contractor based in Hialeah, Fla., sought Chapter 11 protection (Bankr. S.D. Fla. Case No. 20-15108) on May 7, 2020, listing under $1 million in both assets and liabilities. Judge Robert A. Mark oversees the case. Debtor is represented by Hoffman, Larin & Agnetti, P.A. ARMAOS PROPERTY: Taps Keen-Summit as Real Estate Broker ------------------------------------------------------- Armaos Property Holdings, LLC and Olympic Hotel Corp. seek authority from the U.S. Bankruptcy Court for the District of Connecticut to hire Keen-Summit Capital Partners LLC as their real estate broker. The Debtors require the firm's assistance to market for sale a 140-room hotel known as Baymont Inn & Suites in Groton, Conn. Armaos Property owns the hotel, which is being operated by Olympic Hotel. Keen-Summit will be paid pursuant to this fee arrangement: a. Advisory Fee. For the review of documents and the creation of marketing strategy, on the date that the court approves Keen-Summit's retention, the Debtors shall pay the firm a non-refundable advisory and consulting fee of $35,000. The advisory fee shall be fully set off against the transaction fee. b. Transaction Fee. As and when the Debtors close a transaction, whether such transaction is completed individually or as part of a package or as part of a sale of all or a portion of the Debtors' business or as part of a plan of reorganization, then Keen-Summit shall have earned compensation per transaction equal to 3 percent of "gross proceeds" from the transaction up to an amount that has been agreed to by and among the Debtors, the secured lender and Keen-Summit, plus 10 percent of gross proceeds over such amount. c. Credit Bid Fee. Should the secured lender credit-bid or in any way be the high bidder at an auction or sale, the secured lender agrees to pay Keen-Summit from its collateral or otherwise a credit-bid fee of $75,000, in which event Keen-Summit shall not be entitled to a transaction fee but will, in addition, be entitled to retain the full amount of the advisory fee. The firm will also receive reimbursement for out-of-pocket costs and expenses incurred. Keen-Summit is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Matthew Bordwin Keen-Summit Capital Partners LLC 1700 Lincoln Street, Suite 2150 Denver, CO 80203 Phone: (646) 381-9202 Email: mbordwin@keen-summit.com About Armaos Property and Olympic Hotel Armaos Property Holdings, LLC owns a 140-room hotel located in Groton, Conn., which is being operated by its sister company Olympic Hotel Corporation. Armaos and Olympic have been a family-owned business since the hotel opened in 1985. Armaos Property and Olympic Hotel filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Conn. Lead Case No. 19-20134) on Jan. 30, 2019. Michael C. Armaos, manager, signed the petitions. At the time of the filing, Armaos Property was estimated to have assets and liabilities at $1 million to $10 million while Olympic Hotel was estimated to have $50,000 to $100,000 in assets and $1 million to $10 million in liabilities. Judge James J. Tancredi oversees the cases. The Debtors are represented by James Berman, Esq., at Zeisler & Zeisler, P.C. ASCENA RETAIL: Asks Court Nod to Sell Lane Bryant & Ann Taylor -------------------------------------------------------------- Law360 reports that Ascena Retail Partners has asked a Virginia bankruptcy court for permission to sell its Ann Taylor and Lane Bryant stores to an affiliate of private equity firm Sycamore Partners for $540 million. On Nov. 26, 2020, Ascena asked U.S. Bankruptcy Judge Kevon Hunnekens to hear the sale motion by Dec. 8, 2020 in order to close the deal with Sycamore affiliate Premium Apparel LLC before the end of 2020. "At Ascena, we have made significant progress in our financial restructuring process. We have worked diligently to maximize the value of all of our brands, and today's agreement with Sycamore is the latest example," said Ann Taylor CEO Gary Muto. About Ascena Retail Group Ascena Retail Group, Inc. (Nasdaq: ASNA) is a national specialty retailer offering apparel, shoes, and accessories for women under the Premium Fashion (Ann Taylor, LOFT, and Lou & Grey), Plus Fashion (Lane Bryant, Catherines and Cacique), and Value Fashion (Dressbarn) segments, and for tween girls under the Kids Fashion segment (Justice). Ascena, through its retail brands, operates ecommerce websites and approximately 2,800 stores throughout the United States, Canada, and Puerto Rico. Visit http://www.ascenaretail.com/for more information. Ascena Retail reported a net loss of $661.4 million for the fiscal year ended Aug. 3, 2019, a net loss of $39.7 million for the year ended Aug. 4, 2018, and a net loss of $1.06 billion for the year ended July 29, 2017. On July 23, 2020, Ascena Retail Group and its affiliates sought Chapter 11 protection (Bankr. E.D. Va. Case No. 20-33113). As of Feb. 1, 2020, Ascena Retail had $13,690,710,379 in assets and $12,516,261,149 in total liabilities. The Hon. Kevin R. Huennekens is the case judge. The Debtors tapped Kirkland & Ellis LLP and Cooley LLP as bankruptcy counsel, Guggenheim Securities, LLC, as financial Advisor, and Alvarez and Marsal North America, LLC as restructuring advisor. Prime Clerk, LLC is the claims agent. ASCENA RETAIL: Justice to Close All Its Stores in Early 2021 ------------------------------------------------------------ Adam Daigle of The Acadiana Advocate reports that the parent company of Justice, a fashion retailer for tween girls, will close all its stores, including its Acadiana Mall store, early in 2021. Ascena Retail Group made the announcement earlier this November 2020 as moves through the bankruptcy proceedings and having earlier closed several stores within its portfolio, including the Catherines stores and others. Justice stores will remain open through the holiday shopping season, company officials said. The Lafayette store is one of only two remaining in Louisiana, according to its website. The New Jersey-based company announced in July its plans to file for Chapter 11 and close stores in moves that will reduce its debt by $1 billion and give the company more financial flexibility as the company has struggled amid the COVID-19 pandemic, officials said. It also obtained $150 million from existing lenders for restructuring needs. The company closed a significant number of Justice stores at that time and a select number of Ann Taylor, LOFT, Lane Bryant and Lou & Grey stores along with all its Catherines stores, including the Lafayette store. Ascena sold the Justice brand as part of the bankruptcy proceedings and has also entered into an agreement to sell its Ann Taylor, Loft and Lane Bryant brands to Premium Apparel LLC, an affiliate of Sycamore Partners, which owns Belks, Talbots, The Limited, Hot Topic and Torrid, reports indicate. About Ascena Retail Group Ascena Retail Group, Inc. (Nasdaq: ASNA) is a national specialty retailer offering apparel, shoes, and accessories for women under the Premium Fashion (Ann Taylor, LOFT, and Lou & Grey), Plus Fashion (Lane Bryant, Catherines and Cacique), and Value Fashion (Dressbarn) segments, and for tween girls under the Kids Fashion segment (Justice). Ascena, through its retail brands, operates ecommerce websites and approximately 2,800 stores throughout the United States, Canada, and Puerto Rico. Visit http://www.ascenaretail.com/for more information. Ascena Retail reported a net loss of $661.4 million for the fiscal year ended Aug. 3, 2019, a net loss of $39.7 million for the year ended Aug. 4, 2018, and a net loss of $1.06 billion for the year ended July 29, 2017. On July 23, 2020, Ascena Retail Group and its affiliates sought Chapter 11 protection (Bankr. E.D. Va. Case No. 20-33113). As of Feb. 1, 2020, Ascena Retail had $13,690,710,379 in assets and $12,516,261,149 in total liabilities. The Hon. Kevin R. Huennekens is the case judge. The Debtors tapped Kirkland & Ellis LLP and Cooley LLP as bankruptcy counsel, Guggenheim Securities, LLC, as financial Advisor, and Alvarez and Marsal North America, LLC as restructuring advisor. Prime Clerk, LLC is the claims agent. AUGUSTA INVESTMENTS: Case Summary & 10 Unsecured Creditors ---------------------------------------------------------- Debtor: Augusta Investments Corporation 710 Thompson Avenue Maitland, FL 32751 Business Description: Augusta Investments Corporation is a privately held company in the traveler accommodation industry. Chapter 11 Petition Date: December 1, 2020 Court: United States Bankruptcy Court Middle District of Florida Case No.: 20-06630 Debtor's Counsel: Aldo G. Bartolone, Esq. BARTOLONE LAW, PLC 1030 N. Orange Avenue Suite 300 Orlando, FL 32801 Tel: (407) 294-4440 Fax: (407) 287-5544 E-mail: aldo@bartolonelaw.com Estimated Assets: $1 million to $10 million Estimated Liabilities: $1 million to $10 million The petition was signed by Marco Kozlowski, managing member. A copy of the petition containing, among other items, a list of the Debtor's 10 unsecured creditors is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/CUEXOEI/Augusta_Investments_Corporation__flmbke-20-06630__0001.0.pdf?mcid=tGE4TAMA AVG WEST: Seeks to Hire Joyce W. Lindauer as Counsel ---------------------------------------------------- AVG West, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Texas to employ Joyce W. Lindauer Attorney, PLLC as counsel. The Debtor requires legal assistance to effectuate a reorganization, file a bankruptcy plan and effectively move forward in its Chapter 11 proceeding. The hourly rates of the firm's attorneys and paraprofessionals are: Joyce W. Lindauer $395 Kerry S. Alleyne $250 Guy H. Holman $205 Dian Gwinnup $125 Paralegals and legal assistants $65 - $125 The Debtor has agreed to reimburse the firm for all out-of-pocket expenses incurred. The firm received a retainer of $11,717, which included the filing fee of $1,717. Joyce Lindauer, Esq., disclosed in court filings that her firm is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Joyce W. Lindauer, Esq. Kerry S. Alleyne, Esq. Guy H. Holman, Esq. Joyce W. Lindauer Attorney, PLLC 1412 Main Street, Suite 500 Dallas, TX 75202 Telephone: (972) 503-4033 Facsimile: (972) 503-4034 Email: joyce@joycelindauer.com About AVG West AVG West, LLC is a single asset real estate debtor (as defined in 11 U.S.C. Section 101(51B)). On Nov. 4, 2020, AVG West sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No. 20-43414). AVG West President Tim Barton signed the petition. At the time of the filing, the Debtor disclosed $1 million to $10 million in both assets and liabilities. Judge Mark X. Mullin oversees the case. Joyce W. Lindauer Attorney, PLLC serves as the Debtor's counsel. B2T2 FAMILY: Hires Transworld Business as Business Broker --------------------------------------------------------- B2T2 Family Entertainment, LLC, seeks authority from the U.S. Bankruptcy Court for the Northern District of Texas to employ Transworld Business Advisors, as business broker to the Debtor. B2T2 Family requires Transworld Business to: (a) meet with the Debtor to ascertain the Debtor's goals, objectives, and financial parameters; (b) negotiate the termination, assignment, or other disposition of the business interests, including assisting the Debtor at auctions of the business interests, if needed; (c) assist the Debtor in the documentation of proposed transactions; and (d) report periodically to the Debtor regarding the status of negotiations. Transworld Business will be paid a fee of $15,000. J. Darrow Graham, a partner of Transworld Business Advisors, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and does not represent any interest adverse to the Debtor and its estates. Transworld Business can be reached at: J. Darrow Graham TRANSWORLD BUSINESS ADVISORS 800 Wilcrest Dr. Houston, TX 77042 Tel: (281) 769-4277 About B2T2 Family Entertainment B2T2 Family Entertainment, LLC, filed a Chapter 11 bankruptcy petition (Bankr. N.D. Tex. Case No. 20-32602-11) on Oct. 16, 2020. The Debtor hired Ross & Smith, PC, as counsel. BAVARIA INN: Seeks to Hire Weinman & Associates as Legal Counsel ---------------------------------------------------------------- Bavaria Inn Restaurant, Inc. seeks approval from the U.S. Bankruptcy Court for the District of Colorado to Weinman & Associates, P.C. as its legal counsel. The firm will represent the Debtor relative to matters of administration and bankruptcy counsel generally, including the preparation of financial statements, bankruptcy schedules and Chapter 11 plan of reorganization. The firm will be paid at these rates: Jeffrey A. Weinman, Esq. $495 per hour William A. Richey, Paralegal $300 per hour Lisa Barenberg, Paralegal $250 per hour Weinman & Associates received a $22,000 retainer plus a filing fee of $1,717 from the Debtor. Jeffrey Weinman, Esq., president of Weinman & Associates, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Jeffrey A. Weinman, Esq. Weinman & Associates, P.C. 730 17th Street, Suite 240 Denver, CO 80202 Telephone: (303) 572-1010 Facsimile: (303) 572-1011 Email: jweinman@weinmanpc.com About Bavaria Inn Restaurant Based in Denver, Colo., Bavaria Inn Restaurant, Inc. operates under the name Shotgun Willies, owns and operates a bar and restaurant. Bavaria Inn Restaurant sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No. 20-17488) on Nov. 18, 2020. The petition was signed by Deborah Dunafon, president. At the time of the filing, Debtor had estimated assets of between $500,000 and $1 million and liabilities of between $1 million and $10 million. Judge Elizabeth E. Brown oversees the case. Weinman & Associates, P.C. is Debtor's legal counsel. BEN F. BLANTON: Seeks Approval to Tap Mueller Prost as Accountant ----------------------------------------------------------------- Ben F. Blanton Construction, Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of Missouri to employ Mueller Prost, PC as accountant. Mueller Prost will render these accounting services: (a) Assist the Debtor with the year-end audit of its financial operations as its fiscal year ended on Oct. 31, 2020; (b) Assist the Debtor in the preparation of documents necessary to file the consolidated tax return of its shareholder; and (c) Provide additional services to assist in the Debtor's confirmation of a plan of reorganization. The firm's hourly rates are: Associates $120 - $135 Senior Associate $150 - $155 Supervisor $165 - $180 Manager $200 - $295 Partner $300 - $550 As of July 16, the firm had no outstanding invoices and no unbilled time for services rendered to the Debtor prior to its Chapter 11 filing. Douglas Mueller, a member of Mueller Prost, disclosed in court filings that the firm neither holds nor represents an interest adverse to the estates and is a "disinterested person" within the meaning of section 101(14) of the Bankruptcy Code. The firm can be reached through: Douglas Mueller Mueller Prost, PC 7733 Forsyth Blvd., Suite 1200 St. Louis, MO 63105 Telephone: (314) 862-2070 Email: dmueller@muellerprost.com About Ben F. Blanton Construction Ben F. Blanton Construction, Inc. is a construction management, design/build, and general contracting company with headquarters in the greater metropolitan St. Louis, Mo. area. Visit https://www.blantonconstruction.com for more information. Ben F. Blanton Construction filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Mo. Case No. 20-43555) on July 16, 2020. The petition was signed by Jeffrey M. Blanton, president. At the time of filing, the Debtor estimated $10 million to $50 million in both assets and liabilities. The Debtor tapped Wendi Alper-Pressman, Esq., at Lathrop GPM LLP, as counsel and Mueller Prost, PC as accountant. BLACKWATER TECHNOLOGIES: Seeks to Tap Smith Conerly LLP as Counsel ------------------------------------------------------------------ Blackwater Technologies, Inc. seeks approval from the U.S. Bankruptcy Court for the Northern District of Georgia to employ Smith Conerly, LLP as its counsel. The firm will render these legal services: (a) assist the Debtor in preparing schedules of assets and liabilities and statement of financial affairs; (b) provide legal advice with respect to the Debtor's powers and duties in the continued operation of its business and management of its property; (c) prepare and file motions, notices and other pleadings necessary to sell some or substantially all of the Debtor's assets; (d) attend meetings and negotiate with representatives of the Debtor's creditors and other parties-in-interest; (e) assist the Debtor in reviewing and maintaining its executory contracts and unexpired leases, and negotiate with parties thereto; (f) prepare and pursue approval of a disclosure statement and confirmation of a plan of reorganization; (g) prepare legal papers; (h) review the nature and validity of liens asserted against the Debtor's property and advise the Debtor concerning the enforceability of any liens; (i) appear in court; (j) prosecute and defend litigation matters and such other matters that might arise during the Debtor's Chapter 11 case; and (k) perform all other legal services for the Debtor. The standard hourly rates for Smith Conerly's partners, associates, and paralegals who are likely to perform work are: Partners $350 Associates $285 Paralegals $95 In addition, Smith Conerly will seek reimbursement for any out-of-pocket expenses incurred. As of the petition date, Smith Conerly holds no retainer in connection with the Debtor's Chapter 11 case. J. Nevin Smith, Esq., a partner at Smith Conerly, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code and does not hold or represent any interest adverse to the interest of the estate. The firm can be reached through: J. Nevin Smith, Esq. Smith Conerly LLP 402 Newnan Street Carrollton, GA 30117 Telephone: (770) 834-1160 Facsimile: (770) 834-1190 Email: jsmith@smithconerly.com About Blackwater Technologies Carrollton, Ga.-based Blackwater Technologies, Inc. specializes in fire protection as well as low voltage projects. It provides fire alarm installation, maintenance and inspection services. Blackwater Technologies filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 20-11518) on Nov. 12, 2020. Charles C. Blackwell, chief executive officer, signed the petition. At the time of the filing, the Debtor disclosed $100,000 to $500,000 in assets and $1 million to $10 million in liabilities. Judge Paul Baisier oversees the case. The Debtor is represented by Smith Conerly LLP. BONEYARD ARCHERY: Unsecureds Will Get 29 Cents on Dollar in Plan ---------------------------------------------------------------- Boneyard Archery, Inc., filed an Amended Chapter 11 Plan Small Business Subchapter V. Non-priority unsecured creditors holding allowed claims will receive distributions, which the proponent of this Plan has valued at approximately 29 cents on the dollar. Class 2 Secured claim of Trust is impaired. Claim of amortized at 4.54% per annum over 7 years, paid in equal monthly installments of $975.00 beginning Effective Date and for each month thereafter for a period of 12 months, increasing to $1 ,685.00 a month for 48 months. The remaining balance due and owing shall be paid in full on or before December 31, 2025. Class 3 General unsecured claims are impaired. Class 4 equity security holders of the Debtor are impaired but will retain their interests. The Debtor will fund payments under the Plan from its normal business operations. A full-text copy of the Disclosure Statement dated September 30, 2020, is available at https://www.pacermonitor.com/view/ZTGSHBQ/Boneyard_Archery_Inc__ncmbke-20-10476__0094.0.pdf?mcid=tGE4TAMA About Boneyard Archery Boneyard Archery Inc. operates an archery shop and facility located at 184 Old Covered Bridge Road, Madison, N.C. Boneyard Archery sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D.N.C. Case No. 20-10476) on May 26, 2020, listing under $1 million in both assets and liabilities. Judge Benjamin A. Kahn oversees the case. Ivey, Mcclellan, Gatton & Siegmund, LLP represents Debtor as legal counsel. BRADLEY RAY FOX: Jett Buying Laguna Beach Property for $2.5M ------------------------------------------------------------ Bradley Ray Fox asks the U.S. Bankruptcy Court for the Central District of California to authorize the bidding procedures in connection with the sale of the residential real property located at 2545 Iris Way, Laguna Beach, California to Chris Jett for $2.5 million, subject to overbid. On Sept, 30, 2020, subject to Court approval, the Debtor, entered into a Residential Purchase Agreement and Joint Escrow Instructions and Amendment executed on Nov. 18, 2020, with the Buyer. The general terms of the Purchase Agreement are: a. Sale price of $2.5 million; b. Deposit of $250,000 (already paid); c. The Property is sold "as is"; d. The Buyer and the Debtor will each pay their own title fees; e. The Buyer and the Debtor will each pay their own escrow fees; f. The Debtor will pay for a home inspection to be conducted by Old Republic Home Protection at a cost of $900; g. The Debtor will pay for the termite inspection as well as any section 1 repairs; h. Real estate broker's commissions in the amount of 5% of the Purchase Price ($125,000) to be paid 50% to First Team Real Estate, the Debtors' broker and 50% to Main Beach Realty, the Buyer's broker; i. Escrow to close by Jan. 29, 2021 or sooner; and j. The Buyer is a business acquaintance of the Debtor. They have discussed involvement in potential future business involving health and wellness. In connection with the sale, the Buyer paid $900 to have the Property cleaned up, so as to promote the interest of his partners in the proposed acquisition of the Property. The Debtor is not obligated to repay said $900. The Debtor and the Buyer have no other present business dealings. k. Other than as set forth in the immediately preceding sub-paragraph and the proposed sale, the Debtor is otherwise unrelated to the Buyer. All discussions regarding the sale of the Property were conducted in good faith, without collusion, and at arms'-length. The following liens are recorded against the Property: a. First priority lien in favor of Cenlar Federal Savings, with an estimated amount owing of $1,802,600; b. Second priority lien in favor of Pentagon Federal Credit Union, with an estimated amount owing of $230,000; c. Secured tax lien of the Franchise Tax Board ("FTB") in the amount of $4,239 [Claim No. 4]; d. Judgment lien of American Express in an estimated amount of amount of $13,000; e. Financing Statement in favor of Sunserve Energy, with an estimated amount owing of $7,500; and f. Judgment for Support by the Riverside County Department of Child Support Services in an estimated amount of $12,000. The following lien, assessments and other amounts due will be paid through escrow: a. Escrow and title charges estimated at $12,500; b. Real estate broker's commissions in the amount of $125,000; c. Real property taxes estimated at $10,840 (July 1, 2020 through close of sale); d. First priority lien in favor of Cenlar in the approximate amount of $1,802,600; e. Second priority lien in favor of Pentagon in the approximate amount of $230,000; f. Secured tax lien in favor of FTB in the approximate amount of $4,300; g. Judgment lien of American Express in an estimated amount of amount of $13,000; h. Financing Statement in favor of Sunserve, with an estimated amount owing of $7,500; i. Judgment for Support by the Riverside County Department of Child Support Services in an estimated amount of $12,000; and j. $175,000 to the Debtor on account of his homestead exemption. It is estimated that the Debtor will not incur any capital gains tax liability form the sale of the Property per the terms set forth in the Sale Motion. There will be sufficient proceeds from the sale to pay all liens against the Property. Accordingly, the sale will be free and clear of liens, with such liens attached to the proceeds in the same priority as the liens and paid from escrow to the extent the amounts owing on account of said liens are undisputed. The salient terms of the Bidding Procedures are: a. Bid Deadline: Three business days prior to the hearing on the Sale Motion b. Initial Bid: $2.51 million c. Deposit: $250,000 d. Bid Increments: $5,000 The proposed sale is in the best interests of the estate and its creditors because the sale price was arrived at through arms'-length negotiations with the Buyer, who is unrelated to the Debtor. A hearing on the Motion is set for Dec. 9, 2020 at 10:00 a.m. The Court is closed to public access and the hearing on the Sale Motion will be conducted through Zoom. As a result, parties interested in participating in the overbid process must present the offer to counsel for the Debtors at least three business days prior to the scheduled hearing on the Sale Motion. Michael Spector can be reached by calling (714) 835-3130, by facsimile at (714) 558-7435 or by email at mgspector@aol.com. The Notice of Hearing on the Sale Motion includes Zoom Court Appearance information. Pursuant to the terms of the sale, the Debtor desires to close the sale as soon as practicable after entry of an order approving the sale. Accordingly, he respectfully asks that the Court, in the discretion provided it under Federal Rule of Bankruptcy Procedure 6004(h), waives the 14-day stay. A copy of the Agreement is available at https://tinyurl.com/y455gt4p from PacerMonitor.com free of charge. Bradley Ray Fox sought Chapter 11 protection (Bankr. C.D. Cal. Case No. 20-10958) on March 17, 2020. The Debtor tapped Michael Totaro, Esq., as counsel. CACHET FINANCIAL: Seeks to Expand Scope of Counsel's Services ------------------------------------------------------------- Cachet Financial Services seeks approval from the U.S. Bankruptcy Court for the Central District of California to expand the scope of litigation services provided by Shulman Bastian Friedman & Bui LLP as its legal counsel. These litigation services include: -- investigating any and all claims and causes of action which constitute litigation claims of the Debtor's estate; -- prosecuting any lawsuit related to litigation claims to a judgment in an appropriate trial court; -- providing analysis of possible settlement of litigation claims and conducting settlement negotiations; -- assisting the Debtor in opposing any motion for new trial if a judgment is obtained in favor of the estate in any litigation claims lawsuit; and -- performing other legal services incident and necessary as the Debtor may require. The hourly rate portion of the firm's combined compensation structure for litigation claims services will be capped at $250 for attorneys and $100 for paralegals. The contingency fee will be on a reduced scale of 15 percent to 20 percent. During the bankruptcy case, as of November 13, 2020 the firm has incurred total fees of $791,619.51 and total expenses of $24,104.51. James Bastian, Jr., Esq., a partner at Shulman Bastian, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code and does not represent interest adverse to the Debtor or its estate. Mr. Bastian also made the following disclosures in response to the request for additional information set forth in Paragraph D.1 of the U.S. Trustee Guidelines: (1) the firm has not agreed to any variations from its standard customary billing for its employment in this case; (2) none of the professionals at the firm vary their rate based on the geographical location of the bankruptcy case; (3) the firm represented the Debtor prior to the petition date (since on or Nov. 11, 2019), the firm's billing rates are the same as those identified and the material financial terms for the engagement prior to the petition date are the same as described in the application for the period after the petition date; (4) prior to the petition date, the firm provided the Debtor with estimated budgeted amounts on a project category basis for services contemplated to be rendered during this Chapter 11 case; and (5) the firm informed the Debtor that such estimated budgeted amounts were based on information available at the time of the estimated budget and based on a number of assumptions, including, but not limited to, the extent of any opposition and litigation involved in the case and non-bankruptcy litigation matters. The firm can be reached through: James C. Bastian, Jr., Esq. Melissa Davis Lowe, Esq. Rika M. Kido, Esq. Shulman Bastian Friedman & Bui LLP 100 Spectrum Center Drive, Suite 600 Irvine, CA 92618 Telephone: (949) 340-3400 Facsimile: (949) 340-3000 Email: JBastian@shulmanbastian.com MLowe@shulmanbastian.com RKido@shulmanbastian.com About Cachet Financial Services Pasadena, Calif.-based Cachet Financial Services -- https://www.cachetservices.com/ -- provides Automated Clearing House (ACH) processing services for payroll-related electronic transactions, including direct deposits, tax payments, garnishment payments, benefits payments, 401(k) payments, expense reimbursement payments, agency checks, and fee collection. Cachet Financial Services filed a Chapter11 petition (Bankr. C.D. Calif. Case No. 20-10654) on Jan. 21, 2020. In the petition signed by Aberash Asfaw, president, the Debtor was estimated to have $10 million to $50 million in both assets and liabilities. The Honorable Vincent P. Zurzolo presides over the case. The Debtor tapped Shulman Bastian LLP as its bankruptcy counsel, Loeb & Loeb LLP as local counsel, and The Rosner Law Group LLC as special counsel. The Office of the U.S. Trustee appointed a committee of unsecured creditors on March 17, 2020. The committee is represented by Sheppard, Mullin, Richter & Hampton LLP. CALIFORNIA RESOURCES: Joint Plan Confirmed by Judge --------------------------------------------------- Judge David R. Jones has entered findings of fact, conclusions of law and order approving the Disclosure Statement and confirming the Joint Plan of Reorganization of California Resources Corporation and its Debtor Affiliates. The Plan satisfies the requirements of section 1123(a)(5) of the Bankruptcy Code. The provisions in Section 6 in the Plan provide, in detail, adequate and proper means for the implementation of the Plan. The Debtors have proposed the Plan in good faith and not by any means forbidden by law. In so determining, the Bankruptcy Court has examined the totality of the circumstances surrounding the filing of the Chapter 11 Cases, the Plan itself, the Restructuring Support Agreement, the process leading to Confirmation, including the overwhelming support of the Holders of Claims in the Voting Classes for the Plan and the transactions to be implemented pursuant thereto. The Plan is the product of good faith, arm's-length negotiations by and among the Debtors, the parties to the Restructuring Support Agreement and the Committee, among others. A full-text copy of the order and Joint Plan of Reorganization dated October 13, 2020, is available at https://tinyurl.com/y52tj4mn from PacerMonitor.com at no charge. Co-Counsel to the Debtors: VINSON & ELKINS LLP Harry A. Perrin Paul E. Heath Matthew W. Moran 1001 Fannin Street, Suite 2500 Houston, TX 77002-6760 Telephone: (713) 758-2222 Facsimile: (713) 758-2346 E-mail: hperrin@velaw.com pheath@velaw.com mmoran@velaw.com - and - SULLIVAN & CROMWELL LLP Andrew G. Dietderich James L. Bromley Alexa J. Kranzley 125 Broad Street New York, NY 10004 Telephone: (212) 558-4000 Facsimile: (212) 558-3588 E-mail: dietdericha@sullcrom.com bromleyj@sullcrom.com kranzleya@sullcrom.com About California Resources California Resources Corporation -- http://www.crc.com/-- is an oil and natural gas exploration and production company headquartered in Los Angeles, California. CRC operates its resource base exclusively within the State of California, applying complementary and integrated infrastructure to gather, process and market its production. California Resources reported a net loss attributable to common stock of $28 million for the year ended Dec. 31, 2019, compared to net income attributable to common stock of $328 million for the year ended Dec. 31, 2018. As of March 31, 2020, the Company had $4.97 billion in total assets, $543 million in total current liabilities, $4.86 billion in long-term debt, $135 million in deferred gain and issuance costs, $715 million in other long-term liabilities, $816 million in mezzanine equity, and a total deficit of $2.09 billion. CAMERON TRANSPORT: Taps Roscetti & DeCastro as Special Counsel -------------------------------------------------------------- Cameron Transport Corp. seeks approval from the U.S. Bankruptcy Court for the Western District of New York to employ Roscetti & DeCastro, PC as special counsel. The Debtor needs legal assistance in an anticipated litigation and appeal with the NYS Department of Motor Vehicles, NYS Department of Health, NYS Department of Labor and other matters during the course of its bankruptcy proceedings. The hourly rates of attorneys who will render services are: James Roscetti, Esq. $300 Associates $150 James C. Roscetti, Esq., at Roscetti & DeCastro, disclosed in court filings that his firm neither holds nor represents any interest adverse to the Debtor's estate. The firm can be reached at: Roscetti & DeCastro, PC 730 Main Street Niagara Falls, NY 14301 Telephone: (716) 282-1242 Facsimile: (716) 282-5090 About Cameron Transport Corp. Cameron Transport Corp., a transportation company in Niagara Falls, N.Y., filed its voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.Y. Case No. 20-11032) on Aug. 7, 2020. It first sought bankruptcy protection on March 17, 2020 (Bankr. W.D.N.Y. Case No. 20-10454). In the petition signed by Faisel Haruna, president, Debtor disclosed $1,582,525 in assets and $2,499,234 in liabilities. Judge Carl L. Bucki oversees the case. The Debtor tapped Colligan Law, LLP as legal counsel and Roscetti & DeCastro, PC as special counsel. CARLOS ROBLES: Dec. 16 Plan Confirmation Hearing Set ---------------------------------------------------- On Sept. 30, 2020, Debtor Carlos Robles Tile & Stone, Inc. filed with the U.S. Bankruptcy Court for the District of Puerto Rico an Amended Disclosure Statement and Amended Plan. On Oct. 20, 2020, Judge Mildred Caban Flores approved the Amended Disclosure Statement and ordered that: * Acceptances or rejections of the Amended Plan may be filed in writing by the holders of all claims on/or before fourteen days prior to the date of the hearing on confirmation of the Amended Plan. * Any objection to confirmation of the amended plan shall be filed on/or before fourteen days prior to the date of the hearing on confirmation of the Amended Plan. * The debtor shall file with the Court a statement setting forth compliance with each requirement in 11 U.S.C. § 1129, the list of acceptances and rejections and the computation of the same, within seven working days before the hearing on confirmation. * Objections to claims must be filed prior to the hearing on confirmation. * December 16, 2020, at 9:00 AM, via Skype is the hearing to consider confirmation of the Amended Plan. A full-text copy of the order dated October 20, 2020, is available at https://tinyurl.com/y2b4u4h4 from PacerMonitor at no charge. About Carlos Robles Tile & Stone Carlos Robles Tile & Stone, Inc., operates a store that sells tiles, stones and related materials. Its business and office are located at 383 Ave. Cesar Gonzalez, Urb. Eleanor Roosevelt, San Juan, Puerto Rico. Carlos Robles Tile & Stone previously sought bankruptcy protection on March 19, 2015 (Bankr. D.P.R. Case No. 15-02004). Carlos Robles Tile & Stone sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 18-05145) on Sept. 5, 2018. In the petition signed by Carlos Robles Marin, president, the Debtor disclosed $486,000 in assets and $3,517,613 in liabilities. Judge Mildred Caban Flores oversees the case. The Debtor tapped the Law Offices of Luis D. Flores Gonzalez as its legal counsel. CARLOS ROBLES: Unsecured Creditors to Get 5% in Plan ---------------------------------------------------- Carlos Robles Tile & Stone, Inc., submitted a Third Amended Disclosure Statement explaining its Amended Plan. The Plan projects that secured creditors will be paid in FULL as per the value of their collateral and allowed unsecured claims will be paid 5 percent of their claims. The Debtor is implementing strategies to obtain new contracts for selling tiles, marble and stone to both commercial and residential clients; which will allow the Debtor to count on an extra income. This promotion to obtain new clients will generate other net income to fund the plan payments. A full-text copy of the Third Amended Disclosure Statement dated September 30, 2020, is available at https://www.pacermonitor.com/view/I7G52XQ/CARLOS_ROBLES_TILE__STONE_INC__prbke-18-05145__0159.0.pdf?mcid=tGE4TAMA Attorney for the Debtor: Luis D. Flores Gonzalez 121505 Georgetti # 80 Suite 202 Rio Piedras, Puerto Rico 00925 Tel.(787) 758-3606 E-mail: ldfglaw@yahoo.com About Carlos Robles Tile & Stone Carlos Robles Tile & Stone, Inc., operates a store that sells tiles, stones and related materials. Its business and office are located at 383 Ave. Cesar Gonzalez, Urb. Eleanor Roosevelt, San Juan, Puerto Rico. Carlos Robles Tile & Stone previously sought bankruptcy protection on March 19, 2015 (Bankr. D.P.R. Case No. 15-02004). Carlos Robles Tile & Stone sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 18-05145) on Sept. 5, 2018. In the petition signed by Carlos Robles Marin, president, the Debtor disclosed $486,000 in assets and $3,517,613 in liabilities. Judge Mildred Caban Flores oversees the case. The Debtor tapped the Law Offices of Luis D. Flores Gonzalez as its legal counsel. CEA DEVELOPMENT: Voluntary Chapter 11 Case Summary -------------------------------------------------- Debtor: CEA Development, LLC 100 Panorama Drive Soquel, CA 95073 Business Description: CEA Development, LLC Chapter 11 Petition Date: December 1, 2020 Court: United States Bankruptcy Court Northern District of California Case No.: 20-51703 Judge: Hon. Elaine M. Hammond Debtor's Counsel: Vinod Nichani, Esq. NICHANI LAW FIRM 111 N. Market Street, Ste. 300 San Jose, CA 95113 Tel: 408-800-6174 Email: vinod@nichanilawfirm.com Estimated Assets: $10 million to $50 million Estimated Liabilities: $10 million to $50 million The petition was signed by Jeremy Crotts for Haku, LLC, the managing member. The Debtor failed to include in the petition a list of its 20 largest unsecured creditors. A copy of the petition is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/OE2VJ3A/CEA_Development_LLC__canbke-20-51703__0001.0.pdf?mcid=tGE4TAMA CENTRO EVANGELISTICO: Selling All Assets to Jolyse for $1.6 Million ------------------------------------------------------------------- Centro Evangelistico La Roca, Inc., asks the U.S. Bankruptcy Court for the Southern District of Florida to authorize the bidding procedures relating to the online auction sale of substantially all of the assets to Jolyse Holdings, LLC for 1.6 million, subject to overbid. The Debtor own the real property located at 20851 S.W. 97th Avenue, Cutler Bay, Florida, Folio Number 36-6009-000-0160. The Property is a lot sized 184,694.4 sq. ft. with a church sized 4,118 sq. ft. The Property comprises substantially all of the Debtor's respective assets. On Aug. 31, 2007, the Debtor executed a promissory note for $950,000 secured by a recorded mortgage in favor of an entity named Group Investors, LLC. Subsequently, Group Investors issued several assignments of mortgage to several entities. The Debtor filed its adversary proceeding against the Assignees on Aug. 5, 2020, Centro Evangelistico La Roca, Inc. v. Group Investors, LLC, et. al, case number 20-01304-LMI. Through a Judicial Settlement Conference with Judge Mora on Nov. 13, 2020, all parties agreed to a settlement satisfying all claims in the estate subject to the Property selling for at least $1.6 million. Through the Motion, the Debtor respectfully asks, among other things, approval of (i) the Bid Procedures, including a Break-Up Fee, in order to incentivize a stalking horse bidder to make a competitive bid, the Form Contract; and (ii) the sale of the Properties to the Successful Bidder or Backup Bidder, free and clear of all liens, claims, and encumbrances pursuant to the terms of the Form Contract. The Debtor proposes to sell the Property in an efficient and organized manner to maximize the value and benefit to creditors of its estate. It believes that it can maximize such value through the Auction and Bid Procedures sought to be approved. The Debtor proposes to solicit the highest and best bid by way of an online auction sale. The Bid Procedures provide for reserve price for the Property that will be sold in 1 offering: price below which the Debtor will not accept bids at the Auction. In the event an offer falls below the Reserve Price, the Debtor will reject the offer. Should no offers meet the Reserve Price, the Debtor will lower the Reserve Prices to reasonable Reserve Prices such that it may proceed to conduct the Auction. The Debtor proposes to sell the Properties to the highest and best bid. The Sale will be on an "as is, where is" basis without representations of any kind, except as may be contained in the Form Contract. It will also be free and clear of all liens, claims, and encumbrances, with such liens, claims, and encumbrances attaching to the proceeds of the Sale. The Debtor will provide adequate and reasonable notice of the proposed sale. Pursuant to Fed. R. Bankr. P. 2002(a)(2), it proposes to provide all creditors and interested parties notice of the sale. Moreover, the Debtor will endeavor to serve a copy of this Motion on all parties who it has previously contacted in their attempts to sell the Property or who have expressed any interest in the Property. The salient terms of the Bidding Procedures are: a. Bid Deadline: Dec. 15, 2020 b. Initial Bid: $1.65 million plus the breakup fee c. Deposit: 15% of the proposed purchase price d. Auction: The Debtor proposes to conduct an online Auction over two-day period, on Dec. 16 to 17, 2020, with designated beginning and ending times (beginning on Dec. 16, 2020 at 10:00 a.m. (EST) and ending on Dec. 17, 2020 at 2:00 p.m. (EST)). e. Bid Increments: $50,000 f. Sale Hearing: Dec. 18, 2020 g. Sale Objection Deadline: h. Break-Up Fee: $25,000 By settlement of all the parties including the Assignees, the Debtor will set the Reserve Prices for the relevant Property at a prices that exceeds the $1.6 million plus the breakup fee and any other applicable amounts. The Debtor respectfully asks that a hearing on approval of the Motion and Bid Procedures be scheduled for Dec. 2, 2020 with Auction scheduled for Dec. 16 to 17, 2020. In order to complete the Sale in the most expeditious manner, the Debtor asks that the Court waives the 14-day stay as under Bankruptcy Rule 6004(h). A copy of the Agreement and the Bidding Procedures is available at https://tinyurl.com/yxfsnkao from PacerMonitor.com free of charge. About Centro Evangelistico La Roca Centro Evangelistico La Roca, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 20-17654) on July 15, 2020. At the time of the filing, the Debtor had estimated assets of between $1 million and $10 million and liabilities of between $500,001 and $1 million. Judge Laurel M. Isicoff oversees the case. The Debtor has tapped Sagre Law Firm, P.A. as its legal counsel. CHICK LUMBER: Proposes Private Sale of 3 Toyota Tundras ------------------------------------------------------- Chick Lumber, Inc. asks the U.S. Bankruptcy Court for the District of New Hampshire to authorize the private sale of the following three unencumbered Toyota Tundras, which are essentially identical: (i) 2011 Toyota Tundra (Black), VIN 5TFUM5F14BX019955, (ii) 2011 Toyota Tundra (Red), VIN 5TFUM5F14BX022015, and (iii) 2011 Toyota Tundra (Silver), VIN 5TFUM5F1XBX023234, to one or more bona fide, non-insider offerors that make the best offers therefor during the 30-day period from the date of an order granting the proposed sale. The Debtor will solicit offers for the Subject Vehicles from a local Toyota dealer, the public via a vehicle website and by word of mouth, but will not advertise the Subject Vehicles for sale, arrange an auction sale of the Subject Vehicles or make any other formal effort to find a buyer because the cost seems to be prohibitive in relation to the value of the Subject Vehicles. The Subject Vehicles do not constitute all or substantially all of the property of the estate as shown by Schedules A and B to the Debtor's Petition. On Sept. 14, 2020, the Debtor obtained Kelley Blue Book ("KBB") values for each Subject Vehicles: a. The Black Tundra is $12,753, with a Private Party Value Range of $11,300 to $14,205. b. The Red Tundra is $10,616, with a Private Party Value Range of $9,163 to $12,068. c. The Silver Tundra is $10,107, with a Private Party Value Range of $8,654 to $11,559. The Subject Vehicles, which are titled motor vehicles, are unencumbered. The Lienholder named on the Certificate of Title, RBS Citizens NA, released their liens on Oct. 28, 2016, Sept. 29, 2016 and Sept. 29, 2016, respectively. The Liens Filing Search Results Report dated Sept. 11, 2019 shows that the following entities claim, or may claim liens of record that encumber or may have encumbered the Subject Vehicles as of Sept. 10, 2019 4:30 p.m.: GreatAmerica Financial Services Corp., Corporation Service Co., as Representative, BFG Corp., American Express Bank, FSB, and BFG Corp.. Citizens Bank, N.A. and Herget Building Supply, Inc. have asserted all asset liens on the property of the estate, but the Debtor has filed a Complaint challenging the liens asserted by Citizens and will file a similar complaint against Herget. Unless the Court should determine that any of the Potential Lienholders have a valid and enforceable, perfected lien on the Subject Vehicles, the Debtor will retain and use the net sale proceeds to pay the costs and expenses incurred in the ordinary course of operating its business. The sale will be "as is, where is" and "with all faults" and without express or implied warranties of any nature whatsoever, free and clear of all liens, claims and interest. During the "Offering Period," the Debtor will solicit offers from sellers of used motor vehicles and/or parts. The Debtor will convey the Black Tundra, Red Tundra and Silver Tundra to the Buyers by executing and delivering Fiduciary Bills of Sale that conform to the Contracts and the Certificates of Title to the Buyers. The Debtor asks the Court to authorize it to deposit the proceeds of the sale in its operating account and use them in accordance with the cash collateral order in effect if none of the Potential Lienholders objects to the Motion on the basis that it holds a lien on the Subject Vehicles or the Court determines that none of the Potential Lienholders holds a perfected lien on the Subject Vehicles. It further asks that the Court allows it to hold the proceeds in an escrow account subject to the further order or orders of the Court if the Court sustains an objection made by a Potential Lienholder based on a determination that the Potential Lienholder holds a valid and perfected lien on Subject Vehicles. Contemporaneously with filing the Motion, the Debtor served a Notice of Intended Sale of Property of the Estate (Black Tundra, Red Tundra and Silver Tundra) on the all Limited Notice Parties and, despite the fact that the Debtor believes the Subject Vehicles to be unencumbered, on the following Potential Lienholders: RBS, Herget, GreatAmerica, Corporation Service, BFG, and American Express. In the Debtor's business judgment, it decided that the proposed sale will further the reorganization and promote the best interests of creditors and other parties in interest. About Chick Lumber Chick Lumber, Inc. -- https://www.chicklumber.com/ -- is a dealer of lumber, plywood, steel beams, engineered wood, trusses, steel and asphalt roofing, windows, doors, siding, trim, stair parts, and finish materials. It also offers drafting and design, installation, delivery, outside sales, and plan reading and estimating services. Chick Lumber sought Chapter 11 protection (Bankr. D.N.H. Case No. 19-11252) on Sept. 9, 2019, in Concord, N.H. In the petition signed by Salvatore Massa, president, the Debtor disclosed between $1 million and $10 million in both assets and liabilities. Judge Bruce A. Harwood oversees the case. William S. Gannon PLLC is the Debtor's legal counsel. The Office of the U.S. Trustee appointed a committee of unsecured creditors on Oct. 3, 2019. The Committee is represented by Goldstein & McClintock, LLLP as its legal counsel. CNX RESOURCES: Moody's Affirms B1 CFR & Alters Outlook to Positive ------------------------------------------------------------------ Moody's Investors Service affirmed the B1 corporate family rating (CFR) and B1-PD probability of default rating (PDR) of CNX Resources Corporation (CNX) and assigned a B3 rating to its new senior unsecured guaranteed notes. The company's Speculative Grade Liquidity (SGL) Rating was changed to SGL-2 from SGL-3. The outlook on the CNX's ratings was changed to positive from negative. Concurrently, Moody's affirmed the B1 CFR and B1-PD PDR of CNX Midstream Partners LP (CNXM), a wholly owned subsidiary of CNX, and affirmed the B3 rating of CNXM's senior unsecured guaranteed notes. Moody's withdrew CNXM's SGL-3 rating. CNXM's outlook was changed to positive from negative. "CNX's financial discipline, flexible capital allocation program and extensive hedging program will continue to support solid credit metrics and free cash flow generation in 2021-22, and will allow continued debt reduction," said Elena Nadtotchi, Senior Vice President at Moody's. Assignments: Issuer: CNX Resources Corporation Senior Unsecured Regular Bond/Debenture, Assigned B3 (LGD5) Upgrades: Issuer: CNX Resources Corporation Speculative Grade Liquidity Rating, Upgraded to SGL-2 from SGL-3 Affirmations: Issuer: CNX Resources Corporation Probability of Default Rating, Affirmed B1-PD LT Corporate Family Rating, Affirmed B1 Senior Unsecured Regular Bond/Debenture, Affirmed B3 (LGD5) Issuer: CNX Midstream Partners LP Probability of Default Rating, Affirmed B1-PD LT Corporate Family Rating, Affirmed B1 Senior Unsecured Regular Bond/Debenture, Affirmed B3 (LGD5) Outlook Actions: Issuer: CNX Resources Corporation Outlook, Changed To Positive From Negative Issuer: CNX Midstream Partners LP Outlook, Changed To Positive From Negative RATINGS RATIONALE The change of the outlook to positive on CNX's CFR reflects improved liquidity and lower refinancing risk achieved by CNX as a result of the recent repayment of its 2022 notes. CNX's amended investment and funding plans place the company on the path of sustained free cash flow generation. CNX aims to continue to reduce debt and is targeting a 1.5x debt/EBITDA leverage level in the medium term. CNX's new notes are rated B3, at par with its existing senior notes and two notches below the B1 CFR, given the significant size of the secured credit facility in the capital structure that has a priority claim and security over substantially all of the E&P assets. The senior notes are unsecured and guaranteed by subsidiaries (excluding CNXM) on a senior unsecured basis. CNX's B1 CFR is supported by its effective management of commodity price risks, as demonstrated in 2020. The company maintains an extensive hedging program with minimal commodity price risk in 2021-22 and beyond. In response to lower natural gas prices in an oversupplied domestic market, CNX reduced capital investment to keep its production level flat in 2020-2021 and should generate sizable free cash flow, supported by its hedged revenues. Moody's expects CNX to maintain solid leverage metrics underpinned by its hedging arrangements and a steady reduction in debt in the next several years. The B1 CFR further reflects CNX's single basin concentration in Appalachia, subjecting its natural gas production to volatile basis differentials, that the company also hedges. CNX maintains good liquidity through 2021, reflected in the SGL-2 rating. The liquidity position is underpinned by Moody's expectation that the business will generate sizable positive free cash flow in 2020-21, underpinned by the extensive hedging and reduced capital investment. Liquidity is also supported by its committed $1.9 billion secured revolving credit facility that matures in April 2024. As of September 30, 2020, CNX reported about $1.3 billion availability under its secured credit facility and full compliance under the covenants. The facility includes two financial covenants (a maximum net leverage ratio of 4.0x and a minimum current ratio of 1x) and Moody's expects CNX to remain in compliance with covenants though 2021. CNX benefits from an extended maturity profile, with the next bond maturity in 2026, when the company will need to manage several maturities, including $400 million notes issued by CNXM and $345 million convertible notes issued by CNX. CNXM's B1 CFR reflects its modest size and high degree of geographical and counterparty concentration with CNX. Long term fixed fee contracts between CNX and CNXM limit commodity and commercial risks for CNXM, while it retains some exposure to volume risks, mitigated in part under CNX's minimum well drilling obligations that last through 2023. CNXM maintains adequate liquidity, underpinned by a $600 million senior secured revolving facility. The facility matures in April 2024 and is supported by assets and cash flow of the midstream subsidiary. It has several leverage covenants, including debt/EBITDA not exceeding 5.25x, secured debt/EBITDA not exceeding 3.5x and minimum interest coverage of at least 2.5x. Moody's expects CNXM to maintain good headroom for future compliance with these covenants through 2021. FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS CNX's ratings may be upgraded if it demonstrates replacement of reserves amid modest growth in production and a broader recovery in the natural gas sector. The ratings could be upgraded if CNX maintains lower leverage, with RCF/debt around 30% and debt/production below $10,000/boe, and sustained solid profitability and capital returns, with LFCR maintained above 1.5x. Assuming no further changes in the capital structure, an upgrade of the CFR to Ba3 would likely entail a two notch upgrade of CNX's senior unsecured notes to B1. A weaker refinancing position, deteriorating cash margins, capital returns and operating cash flow or a substantial increase in leverage with RCF/debt declining below 20% could result in a downgrade of the ratings. CNX Resources Corporation is a sizable publicly traded independent exploration and production company operating in the Appalachian Basin. It controls substantial resources in Marcellus and Utica Shale. CNX Midstream Partners LP, a wholly owned subsidiary of CNX, owns, operates, develops and acquires gathering and other midstream energy assets to service natural gas production in the Appalachian Basin in Pennsylvania and West Virginia. The principal methodology used in rating CNX Resources Corporation was Independent Exploration and Production Industry published in May 2017. The principal methodology used in rating CNX Midstream Partners LP was Midstream Energy published in December 2018. COOPER EXCAVATING: Seeks to Hire Starner Tax Group as Accountant ---------------------------------------------------------------- Cooper Excavating, Inc. seeks approval from the U.S. Bankruptcy Court for the Western District of Arkansas to hire Starner Tax Group as its accountant. The firm will provide accounting services, including the preparation of annual tax returns and monthly operating reports and will provide general financial consulting services. It will also serve as an expert witness at the plan confirmation hearing if necessary. Starner Tax Group will be paid $300 hourly for the services of Tim Starner, a certified public accountant, and $100 hourly for paraprofessionals. The firm has no conflict of interest with the Debtor, creditors or other parties in interest, according to a court filing. The firm can be reached through: Tim Starner Starner Tax Group 2718 W Walnut St. Rogers, AR 72756 Telephone: (479) 926-1040 Facsimile: (479) 877-1597 About Cooper Excavating Inc. Cooper Excavating, Inc. sought protection for relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Ark. Case No. 20-71773) on August 11, 2020, listing under $1 million in both assets and liabilities. Judge Ben T. Barry oversees the case. Bond Law Office and Starner Tax Group serve as the Debtor's legal counsel and accountant, respectively. CORNERSTONE PAVERS: Sets Sale Procedures for Construction Equipment ------------------------------------------------------------------- Cornerstone Pavers, LLC, and its debtor-affiliates ask the U.S. Bankruptcy Court for the Eastern District of Wisconsin to authorize the sales procedures in connection with the sale of construction equipment listed on Exhibit A other than in the ordinary course of business free and clear of liens and other interests. The Debtors own Equipment. Their businesses do not need all the Equipment for their operations. Community State Bank has a first position lien on all the Equipment. West Bend Mutual Insurance Co. has a second position lien on the Equipment. West Bend's lien is subordinate to the Bank. The Bank obtained an appraisal of the Equipment on March 30, 2020 that valued the Equipment at an Auction Value and a Market Value in Place. Exhibit A is a list of the Equipment valued in the Bank's Appraisal Without amounts specified because including them may chill the price the Debtors can obtain for the Equipment. The Debtors believe it is in their best interests and that of their estates to sell the Equipment that is not necessary for their operations. They Will be making a determination of the Equipment that is not necessary for their operations. In order to obtain the highest price for the Equipment, the Debtors proposes to sell Equipment through two methods. The first proposed sales method is a direct sale by the Debtors to third-party purchasers. The Debtors, through their principal Christopher Cape, have extensive contacts in the construction industry. Mr. Cape may solicit potential buyers to purchase the Equipment under the terms proposed in the Motion. The second proposed sales method is an online auction process. The Debtors have received proposed auction terms from two entities: Richie Brothers/IronPlanet and Barrett Equipment. The Debtors initially ask to engage Barrett Equipment to sell Equipment online. The online sale will start with a minimum amount for each piece of Equipment that is greater than the Auction Value as opined in the Banks Appraisal. No sale below that amount can occur without approval of the Bank, West Bend and the Debtors. The Debtors are filing a separate application to engage Barrett Equipment and may file an application to engage Richie Brothers/IronPlanet. The Bank and West Bend have agreed that the Equipment may be sold if (a) the net amount realized for each piece of equipment is greater than the liquidation value of the March 30, 2020 appraisal or (b) both the Bank and West Bend agree to the lower price in writing, which includes email. The net proceeds will be paid to the Bank and applied to the principal amount owed the Bank. After the Bank's claim is fully paid, any amount will be applied to the claim of West Bend. For the reasons stated, the Debtors ask authority to sell the Equipment under the conditions stated in the Motion. The Debtors do not anticipate any objection to the Motion as West Bend and the Bank were given copies of the Motion prior to filing and both entities indicated they will not object to the Motion. They ask that the Court waives the 14-day stay ordinarily imposed by Fed. R. Bankr. P. 6004(h) so that the Order approving the Motion is effective upon its entry. The Objection Deadline is Dec. 14, 2020. A copy of the Exhibit A is available at https://tinyurl.com/y2l6os6y from PacerMonitor.com free of charge. About Cornerstone Pavers Cornerstone Pavers, LLC --https://www.cornerstonepaversusa.com/ -- is a heavy and highway concrete paving company that has performed a wide variety of concrete paving, patching, grading, sidewalk and curb & gutter work as a prime contractor and as a subcontractor since its incorporation in 2005. Cornerstone Pavers filed a Chapter 11 petition (Bankr. E.D. Wis. Case No. 20-20882) on Feb, 4, 2020. On the Petition Date, the Debtor was estimated to have between $1 million and $10 million in both assets and liabilities. The petition was signed by Christopher C. Cape, manager. Judge Katherine M. Perhach oversees the case. Kerkman & Dunn is the Debtor's counsel. COSTAR GROUP: FTC to Block Its $588 Million RentPath Deal --------------------------------------------------------- Law360 reports that the Federal Trade Commission on Monday, November 30, 2020, moved to block CoStar Group Inc.'s plan to buy bankrupt online rental property marketing company RentPath Holdings Inc. for $588 million. The FTC voiced concerns about the combination of CoStar and RentPath, two apartment listing operators that the agency said have acted as each other's "closest rivals" for years. (Jimmy Hoover|Law360). The FTC filed an administrative complaint over concerns that the move would cause too much concentration in the market for listing services for large apartment complexes. Daniel Francis, deputy director of the FTC's Bureau of Competition, said in a statement Monday, November 30, 2020. About CoStar Group Inc. CoStar Group, Inc. provides information, analytics and marketing services to the commercial real estate and related business community through its comprehensive, proprietary database of commercial real estate information covering the United States ("U.S."), the United Kingdom ("U.K."), Toronto, Canada, and parts of France, as well as its complementary online marketplaces for commercial real estate listings and apartment rentals. The Company operates within two operating segments, North America and International, and its services are typically distributed to its clients under subscription-based license agreements that renew automatically, a majority of which have a term of one year. CUSTARCHPROD LLC: Seeks to Hire Eric A. Liepins as Legal Counsel ---------------------------------------------------------------- CustArchProd, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire Eric A. Liepins, P.C. as its legal counsel. The firm will assist the Debtor on a variety of legal matters that may exist as to the assets and liabilities of the estate in connection with its Chapter 11 case. The firm's hourly rates are: Eric A. Liepins $275 Paralegals and Legal Assistants $30-50 The firm has been paid a retainer of $5,000 plus the filing fee. Eric Liepins, Esq., a sole shareholder at Eric A. Liepins, P.C., disclosed in court filings that his firm does not presently hold or represent any interest adverse to the interest of the Debtor or its estate, and is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Eric A. Liepins, Esq. Eric A. Liepins, P.C. 12770 Coit Road, Suite 1100 Dallas, TX 75251 Telephone: (972) 991-5591 Facsimile: (972) 991-5788 About CustArchProd, LLC CustArchProd, LLC, a Dallas, Texas-based custom architectural products provider, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No. 20-32878) on Nov. 19, 2020. Managing member Christopher Wawroski signed the petition. At the time of the filing, Debtor had estimated assets of Less than $50,000 and liabilities of between $100,001 and $500,000. Eric A. Liepins, P.C. is Debtor's legal counsel. DALF ENERGY: Unsecureds to Recover Up to 100% in Plan ----------------------------------------------------- Dalf Energy, LLC, submitted a Plan and a Disclosure Statement. DALF filed this Chapter 11 Bankruptcy Case seeking to reorganize its debts in an orderly manner under the bankruptcy code while also continuing to pursue the litigation for the benefits of its creditors and ultimately, its equity owners. Class 4 General Unsecured Claims are impaired. Amount scheduled (including sums owed to insiders): $1,194,791.24. Amount scheduled (without sums owed to insiders): $466,357.10. From the proceeds received in connection with the Adversary Proceeding and Removed Litigation, as well as the sale of the Debtor's other Assets, creditors holding Allowed Claims in Class 4 shall be paid a sum in Cash of up to 100% of the Allowed Amounts of their claims with a Pro Rata distribution of such proceeds remaining after payment of the Allowed Claims of creditors in Classes 1 through 3. The Plan will be funded from the proceeds of the Adversary Proceedings, Removed Litigation, liquidation of the Debtor's Assets, cash presently on hand, and contributions from the equity owners which will finance pursuit of the litigation. A full-text copy of the Disclosure Statement dated September 30, 2020, is available at https://tinyurl.com/yxq452w3 from PacerMonitor.com at no charge. Attorney for the Debtor: H. Anthony Hervol LAW OFFICE OF H. ANTHONY HERVOL 4414 Centerview Road, Suite 207 San Antonio, Texas 78228 Tel: (210) 522-9500 Fax: (210) 522-0205 About DALF Energy DALF Energy, LLC is a privately held company in the oil and gas extraction business. DALF Energy, LLC, filed its voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Case No. 20-50369) on Feb. 17, 2020. In the petition signed by Carlos Sada Gonzalez, co-manager, the Debtor estimated $1 million to $10 million in both assets and liabilities. H. Anthony Hervol, Esq. at LAW OFFICE OF H. ANTHONY HERVOL, represents the Debtor. DEER CREEK: Seeks to Hire Steidl and Steinberg as Legal Counsel --------------------------------------------------------------- Deer Creek Diner, LLC seeks approval from the U.S. Bankruptcy Court for the Western District of Pennsylvania to hire Steidl and Steinberg, P.C. as its legal counsel. The firm will provide legal services in connection with the Debtor's Chapter 11 case. The firm's current hourly rate for counsel is $300 per hour. It received a retainer totaling $5,000 from the Debtor prior to the filing of its Chapter 11 case. The firm does not represent any interest adverse to the Debtor's estate, and is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Christopher M. Frye, Esq. Steidl and Steinberg, P.C. 2830 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Telephone: (412) 391-8000 Email: chris.frye@steidl-steinberg.com About Deer Creek Diner LLC Deer Creek Diner, LLC, a restaurant company based in Russellton, Pa., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Pa. Case No. 20-23252) on Nov. 18, 2020. The petition was signed by Leslie A. Rhodes, managing member. At the time of the filing, Debtor had estimated assets of less than $50,000 and liabilities of between $100,001 and $500,000. Steidl & Steinberg is Debtor's legal counsel. DIAMOND J FARMS: Seeks to Tap James Shepherd as Bankruptcy Counsel ------------------------------------------------------------------ Diamond J Farms, LLC seeks approval from the U.S. Bankruptcy Court for the Northern District of California to employ the Law Offices of James Shepherd as its bankruptcy counsel. The firm will render these legal services: (a) assist with the initial interview and meeting of creditors conducted by the U.S. Trustee; (b) prepare monthly operating reports; (c) prepare all wage, cash collateral, critical vendor and motions related to other operational issues; (d) handle contested matters; (e) respond to creditor and U.S. Trustee inquiries; (f) ensure compliance with applicable laws, guidelines and procedures; (g) coordinate with, but not duplicate the services of, other professionals appointed to represent the Debtor; (h) appear in court hearings, status conferences and in all other proceedings; and (i) negotiate and obtain confirmation of a Chapter 11 plan and assist with post-confirmation issues. As of the petition date, the proposed counsel was holding the amount of $10,483 in its client trust account on behalf of the Debtor. James Shepherd, Esq., disclosed in court filings that his firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: James A. Shepherd, Esq. Law Offices of James Shepherd 3000 Citrus Circle, Suite 204 Walnut Creek, CA 94598 Telephone: (925) 954-7554 Facsimile: (925) 281-2341 Email: jim@jsheplaw.com About Diamond J Farms Diamond J Farms LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Cal. Case No. 20-30933) on Nov. 20, 2020. The petition was signed by Lane Jenkins, sole member and manager. At the time of the filing, the Debtor was estimated to have $1 million to $10 million in assets and $50,000 to $100,000 in liabilities. The Law Offices of James Shepherd serves as the Debtor's counsel. DIOCESE OF ROCKVILLE: Seeks to Tap Nixon Peabody as Special Counsel ------------------------------------------------------------------- The Roman Catholic Diocese of Rockville Centre, New York seeks approval from the U.S. Bankruptcy Court for the Southern District of New York to employ Nixon Peabody LLP as special counsel. Nixon Peabody will provide legal services related to certain of the Debtor's historical and ongoing government and internal investigations; reporting obligations to law enforcement authorities; internal processes and issues; laws applicable to the Debtor; and other matters as requested by the Debtor from time to time. The firm's hourly rates are: Attorneys $305 - $795 Paralegals $255 - $340 Nixon Peabody will seek reimbursement for any work-related expenses incurred. The Debtor provided Nixon Peabody with an initial advance payment of $125,000 as retainer. As of the petition date, the balance of the retainer was $69,554.65. Lindsay Maleson, Esq., a partner at Nixon Peabody, disclosed in court filings that the firm is a "disinterested person" as that term is defined in section 101(14) of the Bankruptcy Code. Nixon Peabody also provided the following information in response to the request for additional information set forth in Paragraph D.1 of the U.S. Trustee Guidelines: Question: Did you agree to any variations from, or alternatives to, your standard or customary billing arrangements for this engagement? Response: No variations or alternatives to Nixon Peabody's customary billing arrangements were agreed to with respect to this engagement. Question: Do any of the professionals included in this engagement vary their rate based on the geographic location of the bankruptcy case? Response: No. Question: If you represented the client in the 12 months prepetition, disclose your billing rates and material financial terms for the prepetition engagement, including any adjustments during the 12 months prepetition. If your billing rates and material financial terms have changed post-petition, explain the difference and the reasons for the difference. Response: Nixon Peabody was retained by the Debtor prior to the petition date in or around February of 2001. The material financial terms of the Debtor's engagement of Nixon Peabody, including the hourly rates most recently charged by the firm, have not changed post-petition. Question: Has your client approved your prospective budget and staffing plan, and, if so for what budget period? Response: The Debtor and Nixon Peabody have developed a budget and staffing plan covering through December 2020. They expect to develop a prospective budget and staffing plan to comply with the U.S. Trustee's requests for information and additional disclosures, recognizing that in the course of this Chapter 11 case, there may be unforeseeable fees and expenses that will need to be addressed. The firm can be reached through: Christopher M. Desiderio, Esq. Nixon Peabody LLP 55 W 46th Street New York, NY 10036 Tel: (212) 940-3000 Fax: (212) 940-3111 Email: cdesiderio@nixonpeabody.com About Diocese of Rockville Centre The Roman Catholic Diocese of Rockville Centre, New York is the seat of the Roman Catholic Church on Long Island. The diocese has been under the leadership of Bishop John O. Barres since February 2017. The State of New York established the diocese as a religious corporation in 1958. The diocese is one of eight Catholic dioceses in New York, including the Archdiocese of New York. The diocese's total Catholic population is approximately 1.4 million, roughly half of Long Island's total population of 3.0 million. It is the eighth largest diocese in the United States when measured by the number of baptized Catholics. The Roman Catholic Diocese of Rockville Centre, New York filed a Chapter 11 petition (Bankr. S.D.N.Y. Case No. 20-12345) on Sept. 30, 2020. The diocese was estimated to have $100 million to $500 million in assets and liabilities as of the filing. The Hon. Shelley C. Chapman is the case judge. The diocese tapped Jones Day as legal counsel; Alvarez & Marsal North America, LLC, as restructuring advisor; Sitrick and Company, Inc., as communications consultant; and Nixon Peabody LLP as special counsel. Epiq Corporate Restructuring, LLC, is the claims agent. The U.S. Trustee for Region 2 appointed a committee to represent unsecured creditors in the diocese's Chapter 11 case. The committee is represented by Pachulski Stang Ziehl & Jones LLP. DPW HOLDINGS: Gresham Unit Acquires Relec Electronics ----------------------------------------------------- DPW Holdings, Inc.'s global defense business, Gresham Worldwide, Inc., has acquired Relec Electronics Ltd., based in England. The transaction was structured as a stock purchase under which Gresham Worldwide paid approximately $4,000,000 with additional contingent cash payments up to approximately $665,000 based on Relec's future financial performance. The transaction closed Nov. 30, 2020. Relec, established in 1978, is an English supplier of power conversion and display technology products in the industrial, rail transportation and emerging electronic markets. Gresham Worldwide's English subsidiary, Gresham Power Electronics, has been designing and manufacturing highly reliable power electronics for naval and industrial markets for more than fifty years. The acquisition of Relec enhances Gresham Worldwide's presence in the U.K. and Europe and considerably broadens its product portfolio, including high-quality power conversion and display product offerings. This strategic business combination provides Relec opportunities to offer value-added services to its blue-chip customer base, while enabling Gresham Power Electronics to expand into rail and other industrial markets. The acquisition is expected to be immediately accretive and includes approximately $1.2 million of net tangible assets. Relec recorded revenue of approximately $7 million and, excluding one-time discretionary items, adjusted pretax income of approximately $1.1 million for its fiscal year ended Feb. 29, 2020. Like many other companies across the globe, the COVID-19 pandemic has put downward pressure on Relec's financial results since March 2020, which resulted in an approximate 20% decrease in revenue for the six months ended Aug. 31, 2020. However, based upon a strong backlog of orders and Relec's exceptional customer relationships, the Company believes the recent decrease in revenue will be short-lived and that, beginning in 2021, Relec will be well positioned for solid, long-term financial performance. Gresham Power Electronics and Relec will continue to operate as stand-alone businesses, though they have established a joint management committee. Peter Lappin, managing director and the Relec management team will remain as employees of Relec at least throughout the earnout period. Jonathan Read, Gresham Worldwide's CEO, stated, "This combination provides a great opportunity for Relec and Gresham Worldwide to benefit from the strengths of each organization. We are thrilled that Peter Lappin and the Relec team will bring to Gresham Worldwide the technical expertise, customer focus, quality products and commitment to outstanding service that enabled them build such a successful business." "Teaming these operations significantly increases the Gresham Worldwide footprint the UK and Europe while broadening its technology portfolio with high-quality power conversion and display product offerings," said Karen Jay, managing director at Gresham Power Electronics Ltd "The combination of Relec with Gresham Power provides scale, technical capabilities, and technology solution offerings to drive growth in the UK and Europe." Peter Lappin said, "Everyone at Relec is looking forward to becoming part of the Gresham Worldwide group. Joining forces will provide Relec with additional resources to offer more value-added services to our blue-chip customer base while increasing sales coverage and market reach for our innovative supply chain partners. Working with other Gresham Worldwide companies will also create opportunities for Relec to increase sales of its innovative power and display technology solutions into defense, marine, aerospace and telecommunications markets." "We are very excited about the acquisition of Relec Electronics as it provides new top-line revenue, a talented team and clear synergies with Gresham Worldwide," said Milton "Todd" Ault, III, the Company's CEO and Chairman. About DPW Holdings DPW Holdings, Inc. -- http://www.DPWHoldings.com/-- is a diversified holding company pursuing growth by acquiring undervalued businesses and disruptive technologies with a global impact. Through its wholly and majority-owned subsidiaries and strategic investments, the Company provides mission-critical products that support a diverse range of industries, including defense/aerospace, industrial, telecommunications, medical, 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's headquarters are located at 201 Shipyard Way, Suite E, Newport Beach, CA 92663. DPW Holdings recorded a net loss available to common stockholders of $32.93 million for the year ended Dec. 31, 2019, compared to a net loss available to common stockholders of $32.34 million for the year ended Dec. 31, 2018. As of Sept. 30, 2020, the Company had $43.64 million in total assets, $39.12 million in total liabilities, and $4.52 million in total stockholders' equity. Ziv Haft., Certified Public Accountants (Isr.) BDO Member Firm, the Company's auditor since 2012, issued a "going concern" qualification in its report dated May 29, 2020 citing that the Company has a 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. DURRANI M.D.: Seeks Approval to Tap Margaret M. McClure as Counsel ------------------------------------------------------------------ Durrani, M.D. & Associates, P.A. seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas to employ the Law Office of Margaret M. McClure as its legal counsel. The Debtor needs the firm's services, including legal advice regarding its powers and duties and the continued operation of its business, personal financial affairs and management of its property. The firm charges $400 per hour for attorney time and $150 per hour for paralegal time, plus expenses. Margaret McClure, Esq., the firm's attorney who will be handling the case, disclosed in court filings that she is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The attorney can be reached at: Margaret M. McClure, Esq. Law Office of Margaret M. McClure 909 Fannin, Suite 3810 Houston, TX 77010 Telephone: (713) 659-1333 Facsimile: (713) 658-0334 Email: margaret@mmmcclurelaw.com About Durrani, M.D. & Associates Durrani, M.D., & Associates, P.A. offers comprehensive treatment for disorders of the kidneys, bladder and male reproductive system as well as a focus on male and female sexual health. Visit https://www.durranimd.com for more information. Durrani, M.D., & Associates filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 19-35543) on Nov. 13, 2020. The petition was signed by Omar H. Durrani, M.D., president. At the time of the filing, the Debtor had estimated assets of between $100,000 and $500,000 and liabilities of $1 million to $10 million. Judge Christopher M. Lopez oversees the case. The Debtor is represented by the Law Office of Margaret M. McClure. EAGLE PIPE: Committee Taps Stout Risius as Financial Advisor ------------------------------------------------------------ The official unsecured creditors' committee of Eagle Pipe, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas to hire Stout Risius Ross, LLC as its financial advisor. The committee requires the firm to: a. advise on the Debtor's sale process; b. determine asset and liquidation valuations; c. provide financial advisory services; d. analyze the Debtor's general financial and business condition; e. review and analyze the reports regarding cash collateral and any financing arrangements and budgets; f. review the Debtor's financial projections; g. attend committee meetings to discuss Stout's analyses; h. analyze the filings required by the Bankruptcy Court or the Office of the U.S. Trustee; i. review the Debtor's financial information; j. analyze assumption and rejection issues regarding executory contracts and leases; k. assist in evaluating reorganization strategies and alternatives available to the creditors; l. assist in preparing or reviewing documents necessary for confirmation; m. assist with the claims resolution procedures; n. determine the Debtor's enterprise value as of the petition date; o. provide expert witness report and testimony regarding the Debtor's enterprise valuation; p. provide litigation consulting services and expert witness testimony; and q. provide such functions as requested by the committee or its counsel. The standard hourly rates for Stout professionals currently expected to have primary responsibility for providing services to the committee are: John Baumgartner Managing Director $540 Ann Huynh Director $480 Ross Belsome Associate $320 Hayden Hill Associate $280 John Baumgartner, Esq., at Stout Risius, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: John D. Baumgartner Stout Risius Ross, LLC 1000 Main Street, Suite 3200 Houston, TX 77002 Telephone: (713) 225-9580 Facsimile: (713) 225-9588 Email: jbaumgartner@stout.com About Eagle Pipe LLC Eagle Pipe, LLC is a full-service distribution company supplying tubular products and a wide variety of equipment and services to the upstream, midstream, municipal and industrial industries. It distributes a full-range of OCTG, line pipe, poly pipe (HDPE), concrete pipe, PVC pipe, valves and fittings, and offers associated products and services. For more information, visit https://www.eaglepipe.net/ Eagle Pipe sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Texas Case No. 20-34879) on Oct. 5, 2020. At the time of the filing, the Debtor disclosed assets of between $10 million and $50 million and liabilities of the same range. Judge Marvin Isgur oversees the case. Gray Reed & McGraw, LLP and Glassratner Advisory & Capital Group, LLC serve as the Debtor's legal counsel and financial advisor, respectively. The U.S. Trustee appointed an official committee of unsecured creditors in the Debtor's Chapter 11 case on Oct. 22, 2020. The committee tapped Weycer, Kaplan, Pulaski, & Zuber, P.C. as its legal counsel and Stout Risius Ross, LLC as its financial advisor. EAGLE PIPE: Committee Taps Weycer Kaplan as Legal Counsel --------------------------------------------------------- The official unsecured creditors committee of Eagle Pipe, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas to hire Weycer, Kaplan, Pulaski, & Zuber, P.C. as its legal counsel. The committee requires the firm to: (a) consult with the Debtor and the Office of the U.S. Trustee regarding administration of the Debtor's Chapter 11 case; (b) advise the committee with respect to its rights, power and duties; (c) investigate the acts, conduct, assets, liabilities and financial condition of the Debtor; (d) assist the committee in analyzing the Debtor's pre-bankruptcy and post-petition relationships with parties in interest; (e) assist and negotiate on the committee's behalf in matters relating to the claims of the Debtor's other creditors; (f) request the appointment of a trustee or examiner; (g) advise the committee in connection with any proposed sale of the Debtor's assets; (h) assist the committee in preparing pleadings and applications; (i) research, analyze, investigate, file, and prosecute litigation; (j) represent the committee at hearings and other proceedings; (k) review and analyze applications, orders, statements of operations, and schedules filed with the court; (l) aid and enhance the committee's participation in formulating a Chapter 11 plan; (m) assist the committee in advising unsecured creditors of the committee's decisions; and (n) perform such other legal services. The firm's hourly rates are: Partners $395 to $465 Associates $150 to $385 Paraprofessionals $140 to $175 Jeff Carruth, Esq., an attorney at Weycer Kaplan, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Jeff Carruth, Esq. Weycer, Kaplan, Pulaski, & Zuber, P.C. 3030 Matlock Rd., Suite 201 Arlington, TX 76105 Telephone: (713) 341-1158 Facsimile: (866) 666-5322 Email: jcarruth@wkpz.com About Eagle Pipe LLC Eagle Pipe, LLC is a full-service distribution company supplying tubular products and a wide variety of equipment and services to the upstream, midstream, municipal and industrial industries. It distributes a full-range of OCTG, line pipe, poly pipe (HDPE), concrete pipe, PVC pipe, valves and fittings, and offers associated products and services. For more information, visit https://www.eaglepipe.net/ Eagle Pipe sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Texas Case No. 20-34879) on Oct. 5, 2020. At the time of the filing, the Debtor disclosed assets of between $10 million and $50 million and liabilities of the same range. Judge Marvin Isgur oversees the case. Gray Reed & McGraw, LLP and Glassratner Advisory & Capital Group, LLC serve as the Debtor's legal counsel and financial advisor, respectively. The U.S. Trustee appointed an official committee of unsecured creditors in the Debtor's Chapter 11 case on Oct. 22, 2020. The committee tapped Weycer, Kaplan, Pulaski, & Zuber, P.C. as its legal counsel and Stout Risius Ross, LLC as its financial advisor. EARTH ENERGY: Seeks Approval to Hire Chief Financial Officer ------------------------------------------------------------ Earth Energy Renewables, LLC seeks approval from the U.S. Bankruptcy Court for the Western District of Texas to hire Carl Frampton, an accountant practicing in Texas, as its chief financial officer. Earth Energy requires Mr. Frampton to: a. maintain all accounting records for the Debtor; b. prepare monthly financial reports; c. manage cash for the Debtor; d. provide insurance coverage analysis and broker management; e. approve all purchases and negotiate for major purchases; f. provide human resources management, payroll processing, payroll tax return preparation and filing; g. supervise the admin manager; h. contribute as requested with investor, banker, vendor and customer presentations; and i. prepare income tax filings as requested. Mr. Frampton will be paid a flat fee of $7,500 per month for the services to be rendered and $100 per hour for services outside of the agreed services. Mr. Frampton disclosed in court filings that he does not have interest adverse to the Debtor or its estate. The accountant holds office at: Carl Frampton 3838 Walden Estates Dr. Montgomery, TX 77356 Telephone: (281) 432-9392 Email: carl@cfoxchange.com About Earth Energy Renewables Based in Canyon Lake, Texas, Earth Energy Renewables, LLC is a company focused on commercializing bio-based chemicals and fuels. The company has demonstrated success in creating high-margin green alternatives to petroleum-based products. Visit http://www.ee-renewables.comfor more information. Earth Energy Renewables sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Texas Case No. 20-51780) on Oct. 20, 2020. The petition was signed by Jeff Wooley, manager. At the time of the filing, Debtor had estimated assets of between $10 million and $50 million and liabilities of between $1 million and $10 million. Judge Ronald B. King oversees the case. The Law Offices of Frank B. Lyon is Debtor's legal counsel. EARTH ENERGY: Seeks to Hire Frank B. Lyon as Legal Counsel ---------------------------------------------------------- Earth Energy Renewables, LLC seeks approval from the U.S. Bankruptcy Court for the Western District of Texas to hire The Law Offices of Frank B. Lyon as its legal counsel. Earth Energy requires the firm to: a. give Debtor legal advice with respect to its powers and duties; b. advise the Debtor of its responsibilities under the Bankruptcy Code; c. prepare and file voluntary petition and all other paperwork; d. assist the Debtor in preparing and filing legal papers; e. represent Debtor in adversary proceedings and other contested and uncontested matters; f. represent Debtor in the negotiation and documentation of any sales or refinancing of property of the estate; g. coordinate with the Subchapter V Trustee; and h. assist Debtor in the formulation of a plan of reorganization and in taking the necessary steps to obtain confirmation of the plan. The firm's hourly rates are: Frank B. Lyon $425 Sarah McHaney $250 Legal Assistants $150 The firm received the sum of $30,000 from the Debtor of which $11,505 went to pre-bankruptcy fees and expenses and $1,717 to the Chapter 11 filing fee resulting in a retainer of $16,778. Frank Lyon, Esq., disclosed in court filings that his firm does not represent any interest adverse to the Debtor or its estate. The firm can be reached through: Frank B. Lyon, Esq. The Law Offices of Frank B. Lyon Two Far West Plaza, Suite 170 3508 Far West Boulevard Austin, TX 78731 Telephone: (512) 345-8964 Facsimile: (512) 697-0047 Email: frank@franklyon.com About Earth Energy Renewables Based in Canyon Lake, Texas, Earth Energy Renewables, LLC is a company focused on commercializing bio-based chemicals and fuels. The company has demonstrated success in creating high-margin green alternatives to petroleum-based products. Visit http://www.ee-renewables.comfor more information. Earth Energy Renewables sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Texas Case No. 20-51780) on Oct. 20, 2020. The petition was signed by Jeff Wooley, manager. At the time of the filing, Debtor had estimated assets of between $10 million and $50 million and liabilities of between $1 million and $10 million. Judge Ronald B. King oversees the case. The Law Offices of Frank B. Lyon is Debtor's legal counsel. EBONY MEDIA: Seeks to Hire Claro Group, Appoint CRO --------------------------------------------------- Ebony Media Operations, LLC and Ebony Media Holdings, LLC seek approval from the U.S. Bankruptcy Court for the Southern District of Texas to hire The Claro Group, LLC and designate Robert Ogle, the firm's senior advisor, as their chief restructuring officer. The CRO's duties and responsibilities will be: a. consult with and report to all four board members and the Debtors' legal counsel on a regular basis, but will report directly to the court on all matters; b. where the BOD members are split 2/2 on issues brought before the BOD by one or more of its members, the Debtors' counsel or the CRO, or where the BOD members are non-responsive to such board decisional matters, the CRO shall decide such matters based on the best interests of the bankruptcy estates and their creditors, and the CRO's best business judgment. If the CRO disagrees with the BOD on any governance issue, the CRO may, as he deems necessary, direct the Debtors' legal counsel to bring the matter to the court for adjudication; c. investigate all claims and causes of action allegedly owned by the Debtors against third parties, or allegedly owned by third parties against the Debtors, and shall report to the BOD members, the Debtors' counsel and the court; d. attempt to negotiate a Plan Support Agreement to arrange for the best deal possible for the bankruptcy estates and their creditors. e. work with the BOD members and the Debtors' counsel to develop expert reports, schedules and other materials that may be needed for a disclosure statement; f. assist the Debtors to file a motion to approve a DIP loan agreement with Unity Bank on an emergency basis; g. provide such other support to the Debtors as the CRO may be called on for, with the exception of the matters currently being worked on by FTI Capital Advisors, LLC. Claro's hourly rates are: Managing Directors $500 - $650 Directors/Senior Advisors $395 - $495 Managers/Sr. Managers/Advisors $300 - $385 Analysts/Senior Consultants $200 - $295 Admin $125 - $175 Mr. Ogle assured the court that he and his firm are "disinterested" as that term is defined in Section 101(14) of the Bankruptcy Code, as modified by Section 1107(b). The firm can be reached through: Robert E. Ogle The Claro Group, LLC 711 Louisiana Street, Suite 2100 Houston, TX 77002 Phone: (713) 955-8406 / (713) 454-7730 Mobile: (713) 398-5088 Fax: 713-236-0033 Email: bogle@theclarogroup.com About Ebony Media Ebony Media Holdings LLC is the publisher of Black cultural magazines Ebony and Jet. Creditors Parkview Capital Credit Inc. and David M. Abner & Associates, Plum Studio filed involuntary Chapter 7 petitions against Ebony Media Operations, LLC, and Ebony Media Holdings LLC (Bankr. S.D. Tex. Case No. 20-33665 and 20-33667) on July 23, 2020. The court on Sept. 3, 2020, entered an order approving a stipulation signed by the Debtors and the petitioners to an entry of order for relief in the bankruptcy cases and the conversion of the cases to cases under Chapter 11 of the Bankruptcy Code. The Debtors tapped Pendergraft & Simon, LLP as their legal counsel, FTI Capital Advisors, LLC as investment banker, and The Claro Group, LLC as restructuring advisor. Robert Ogle, senior advisor at Claro Group, is the Debtors' chief restructuring officer. ECHO ENERGY: Court Confirms Plan of Liquidation ----------------------------------------------- Echo Energy Partners I, LLC, won an order confirming its Chapter 11 Plan of Liquidation and approving on a final basis its Disclosure Statement. The Debtor filed this Chapter 11 Case and proposed the Plan with legitimate and honest purposes including, among other things, (1) facilitating the efficient and economic resolution of all disputes between the Debtor and the other parties in interest concerning Claims, distributions, releases and payment of Professional Fee Claims; (2) maximizing the recovery to holders of Allowed Claims, including those in Class 4 consisting of General Unsecured Claims, under the circumstances of this Chapter 11 Case; and (3) aiding the orderly liquidation of the Debtor and the estate through an efficient sale of the Debtor’s assets under chapter 11. Class 3, consisting of Prepetition Lenders' Secured Claims, Class 4, consisting of General Unsecured Claims, and Class 5, consisting of Subordinated Claims, are impaired Classes that have accepted the Plan in accordance with Sec. 1126(c). As of the Effective Date, all current director and officer positions of the Debtor will be eliminated and the rights, powers, and duties of such directors and officers shall vest in the Plan Administrator. The Debtor has disclosed that Brian Crisp will serve as the Plan Administrator of the Reorganized Debtor. A copy of the Plan Confirmation Order is available at: https://www.pacermonitor.com/view/VA4OVBY/Echo_Energy_Partners_I_LLC__txsbke-20-31920__0361.0.pdf?mcid=tGE4TAMA The Plan Echo Energy Partners I, LLC, submitted a Chapter 11 Plan of Liquidation which provides: * Class 3 - Prepetition Lenders' Secured Claim. This class is impaired. On the Effective Date, to the extent the Prepetition Lenders' Secured Claim has not been previously satisfied, the Agent shall receive either (i) an amount, in Cash, equal to the proceeds of the collateral securing the Prepetition Secured Lenders' Claim, as held by the estate on the Effective Date or as received by the Reorganized Debtor after the Effective Date, or (ii) the return of the applicable collateral in satisfaction of the Allowed amount of such Prepetition Lenders' Secured Claim. * Class 4 - General Unsecured Claims. This class is impaired. Each holder of an Allowed General Unsecured Claim shall receive their Pro Rata share, in Cash, of the Available Assets remaining after satisfaction in full of Allowed Administrative Claims, Allowed Priority Tax Claims, Allowed Priority Claims, the Prepetition Lenders' Secured Claim, and payment of, or provision for, all other amounts payable under the Wind Down Budget. * Class 5 - Subordinated Claims. This class is impaired. Each holder of an Allowed Subordinated Claim, including shall receive their Pro Rata share, in Cash, of the Available Assets remaining after satisfaction in full of Allowed Administrative Claims, Allowed Priority Tax Claims, Allowed Priority Claims, the Prepetition Lenders' Secured Claim, Allowed General Unsecured Claim and payment of, or provision for, all other amounts payable under the Wind Down Budget. * Class 6 - Interests. On the Effective Date, all Interests shall be cancelled and extinguished, and the holders of Interests shall not receive or retain any property or assets on account of their Interests. The Debtor consummated the sale of the Acquired Assets to the Purchasers pursuant to the Purchase Agreements and Sale Orders on July 30, 2020. The Cash necessary to fund the budgeted expenses in the Wind Down Budget shall be funded from the proceeds of the sale of any unencumbered Assets and, if necessary, from the Prepetition Lenders' Budget Contribution. Any subsequent recoveries from unencumbered assets of any kind shall be used first to repay the Prepetition Lenders' Budget Contribution. A full-text copy of the Chapter 11 Plan of Liquidation dated September 30, 2020, is available at https://tinyurl.com/yyasbuuq from PacerMonitor.com at no charge. Counsel for the Debtor: William A. (Trey) Wood III Jason G. Cohen BRACEWELL LLP 711 Louisiana, Suite 2300 Houston, Texas 77002 Telephone: (713) 223-2300 Facsimile: (713) 221-1212 E-mail: Trey.Wood@bracewell.com Jason.Cohen@bracewell.com About Echo Energy Partners I Echo Energy Partners I, LLC -- https://www.echoenergy.com/ -- is an upstream oil and gas firm that partners with financial institutions, pension funds, family offices, and high net worth individuals. It currently manages assets in the SCOOP, STACK, Midland, and Delaware basins in Oklahoma and Texas. Echo Energy Partners I sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 20-31920) on March 24, 2020. At the time of the filing, the Debtor was estimated to have assets of between $50 million and $100 million and liabilities of between $100 million and $500 million. Judge David R. Jones oversees the case. The Debtor tapped Bracewell LLP as legal counsel; Stretto as claims agent and administrative advisor; and Opportune LLP as restructuring advisor. Gregg Laswell, a director at Opportune's subsidiary, Dacarba LLC, is Debtor's chief restructuring officer. ENALASYS CORPORATION: UST Questions Recovery for Unsecureds ----------------------------------------------------------- The U.S. Trustee submitted a limited objection to Enalasys Corporation's Disclosure Statement describing Chapter 11 Plan of Reorganization. "The Disclosure Statement at page 29, lines 12-13, states that class 4 general unsecured creditors will be paid in full, but on a pro rata basis. This statement is internally inconsistent. It is either one or the other. Based on the representations made throughout the DS, it appears that a pro ratadistribution from litigation proceeds is the accurate representation. As set forth in the DS, payments to class 4 general unsecured creditors will only occur if the Debtor is successful in its litigation efforts. See DS at 53:1-8. Accordingly, a representation that class 4 general unsecured creditors will be paid in full is not accurate," the U.S. Trustee points out. About Enalasys Corporation Enalasys Corporation develops, markets and sells heating and air conditioning-related products and services especially those related to environmental matters. Enalasys filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No.19-11987) on May 23, 2019, listing under $1 million in both assets and liabilities. The Debtor is represented by Michael Jones, Esq., at M Jones & Associates, PC. ENERGY ALLOYS: Selling Houston & Conroe Properties for $6.2M ------------------------------------------------------------ Energy Alloys Holdings, LLC, and its affiliates ask the U.S. Bankruptcy Court for the District of Delaware to authorize the sale of Energy Alloys, L.L.C.'s (A) lands, buildings, and other improvements located at: (i) 10399 Silver Springs Road, Conroe, Texas for $2,868,740, and (ii) 9450 West Wingfoot Road, Houston, Texas for $3,331,260; and (B) equipment, machinery, apparatus, appliances, and other articles of personal property located on and used in connection with the operation of the Improvements as of the Execution Date, to Industrial Realty Group, LLC, subject to certain adjustments, on the terms of their Real Estate Purchase Agreement, dated as of Oct. 30, 2020, as amended by that certain First Amendment to Real Estate Purchase Agreement, dated Nov. 16, 2020. The Debtors began to implement several restructuring alternatives in early 2020, including listing the Conroe Property for sale and consolidating operations at the Wingfoot Property. In March 2020, the Debtors continued their restructuring efforts by retaining Ankura to advise the Debtors on various restructuring and strategic alternatives. After considerable discussion and analyses, the Debtors determined that these initial restructuring actions were insufficient to address the speed and severity of financial distress facing their Western Hemisphere business. Therefore, they concluded that in order to maximize the value of their estates, it was necessary to begin an orderly liquidation of their Western Hemisphere assets and to begin evaluating a possible sale of the Company's more stable and profitable Eastern Hemisphere operations on a going concern basis. In June 2020, the Debtors, selected Hilco Industrial, LLC, Hilco Industrial Acquisitions Canada ULC, Hilco Valuation Services, LLC, Hilco Real Estate, LLC, and Hilco Receivables, LLC, to assist them with the marketing and sale of their Western Hemisphere assets, including the Properties. Since June 2020, Hilco has diligently and exhaustively marketed each of the Properties. By Oct. 1, 2020, the Debtors had received letters of intent from nine Prospective Purchasers for one or both Properties. After extensive negotiations with several of the Bidding Parties, Energy Alloys and the Buyer entered into the Purchase Agreement, whereby the Buyer agreed to purchase the Properties for aggregate consideration of $6.2 million, subject to certain adjustments in accordance with Section 2.06(c) of the Purchase Agreement. The sale will be free and clear of all Encumbrances, with all such Encumbrances to attach to the proceeds of the Sale. The salient terms of the APA are: a. Purchase Price and Allocation: The purchase price for the Purchased Assets will consist of cash in the amount of $6.2 million, plus or minus, customary prorations for operating expenses, utilities, and taxes as set forth in Section 2.06(c) of the Purchase Agreement. The Purchase Price will be allocated among each of the Properties as follows: (i) $3,331,260 for the Conroe Property and (ii) $2,868,740 for the Wingfoot Property. b. Closing: The Closing will take place 15 days after the expiration of the Review Period (Nov. 16, 2020). c. Good Faith Deposit: The Buyer has agreed to deposit with Title Company, cash in the amount of $620,000. d. Conditions to Closing: There are no financing conditions to Closing. There are certain conditions precedent to Closing set forth in Section 2.11 of the Purchase Agreement, all of which the Debtors believe either are or will be satisfied prior to Closing. e. Transfer Taxes: The Buyer will pay all real estate transfer taxes and recording fees payable in connection with the transfer of the Properties. To the extent not exempt under section 1146(a) of the Bankruptcy Code in connection with the Chapter 11 Cases, the Seller will be responsible for all other Transfer Taxes. f. Other Taxes: The Purchase Agreement Provides that all property taxes attributable to the period prior to Closing will be the responsibility of the Seller and all property taxes attributable to the period after Closing will be the responsibility of the Buyer. g. Expense Reimbursement: $75,000 h. The Debtors do not intend to conduct an auction for the sale of the Purchased Assets which have already been subject to an extensive marketing effort by Hilco. i. Use of Proceeds: The Purchase Agreement provides that the Purchase Price will be allocated among each of the Properties as follows: (i) $3,331,260 for the Conroe Property and (ii) $2,868,740 for the Wingfoot Property. No other provision of the Purchase Agreement addresses or otherwise dictates the use of proceeds. In addition, the Proposed Order provides that the net proceeds of the sale of the Purchased Assets will be used and applied in accordance with the Cash Collateral Orders. The Debtors ask that any order approving the sale of the Purchased Assets be effective immediately upon entry of such order by providing that any fourteen-day stay will not apply. Absent the immediate effectiveness of the Proposed Order, the Debtors may be hindered from successfully consummating the sale of the Purchased Assets as contemplated by the Purchase Agreement. A hearing on the Motion is set for Nov. 23, 2020 at 3:00 p.m. (ET). Objections, if any, must be filed before or at the hearing. A copy of the Agreements is available at https://tinyurl.com/y3ea2uwt from PacerMonitor.com free of charge. About Energy Alloys Holdings Founded in 1995, Energy Alloys Holdings LLC and its affiliates are privately-owned distributors and resellers of tube and bar products sold into the oil and gas industry for the exploration of hydrocarbons. Visit https://www.ealloys.com for more information. On Sept. 9, 2020, Energy Alloys Holdings LLC and seven of its affiliates filed for bankruptcy protection (Bankr. D. Del. Lead Case No. 20-12088). Bryan Gaston, chief restructuring officer, signed the petitions. Judge Mary Walrath presides over the cases. The Debtors were estimated to have consolidated assets of $10 million to $50 million, and consolidated liabilities of $100 million to $500 million. The Debtors have tapped Richards, Layton & Finger, P.A., as bankruptcy counsel, Akin Gump Strauss Hauer & Feld LLP as corporate counsel, Moelis & Company as investment banker, and Epiq Corporate Restructuring LLC as claims and noticing agent. Ankura Consulting Group, LLC provides interim management services. The U.S. Trustee appointed a committee of unsecured creditors on Sept. 23, 2020. The committee is represented by McDermott Will & Emery, LLP. EVEREST HOTEL: Case Summary & 20 Largest Unsecured Creditors ------------------------------------------------------------ Debtor: The Everest Hotel Group, LLC 7666-7662 State Route 434 c/o Amin Khan Apalachin, NY 13732 Business Description: The Everest Hotel Group, LLC is a part of the motels, hotels, and resort industry. Chapter 11 Petition Date: December 1, 2020 Court: United States Bankruptcy Court Northern District of New York Case No.: 20-31222 Debtor's Counsel: Wendy A Kinsella, Esq. HARRIS BEACH PLLC 333 W. Washington Street Syracuse, NY 13202 Tel: (315) 214-2012 Email: wkinsella@harrisbeach.com Total Assets: $2,550,265 Total Liabilities: $7,472,633 The petition was signed by Khanzada Amin Khan, sole & managing member. A copy of the petition containing, among other items, a list of the Debtor's 20 largest unsecured creditors is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/LYYJ6SI/The_Everest_Hotel_Group_LLC__nynbke-20-31222__0001.0.pdf?mcid=tGE4TAMA EVERETT ALLEN LASH: Selling 2009 Mercedes GL450 for $7K ------------------------------------------------------- Everett Allen Lash and Yvonne Kay Lash ask the U.S. Bankruptcy Court for the Northern District of Texas to authorize the private sale of their 2009 Mercedes GL450, VIN 4JGBF71E59A520835 for approximately $7,000. Upon the sale of the Mercedes, the Debtors will execute any and all documents necessary to effectuate the transfer of title. The Mercedes does not have a lien against it, and does not serve as collateral for any secured lender of the Debtors. To the best of Debtors' knowledge, no party other than them claims an interest in the Vehicle. Accordingly, they propose to sell the Mercedes free and clear of any and all interest, liens, claims and encumbrances (if any) with the Debtors retaining the proceeds from the sale, or, to the extent another party proves that it has an interest, lien, claim or encumbrance against the Vehicle, with the interest, lien, claim or encumbrance attaching to the proceeds and distributed in accordance with the orders of the Court. A hearing on the Motion is set for Dec. 16, 2020 at 1:30 p.m. Objections, if any, must be filed at least 21 days from the date of service of notice. Everett Allen Lash and Yvonne Kay Lash sought Chapter 11 protection (Bankr. N.D. Tex. Case No. 20-50157) on Aug. 21, 2020. The Debtors tapped David Langston, Esq., as counsel. FBC GROUP: Seeks to Hire Furr Cohen P.A. as Legal Counsel --------------------------------------------------------- FBC Group, LLC seeks approval from the U.S. Bankruptcy Court for the Southern District of Florida to hire Furr Cohen, P.A. as its legal counsel. The Debtor requires the firm to: (a) give advice to the Debtor with respect to his powers and duties; (b) advise the Debtor with respect to its responsibilities in complying with the U.S. Trustee's Operating Guidelines and Reporting Requirements; (c) prepare legal documents; (d) protect the interest of the Debtor in all matters pending before the court; and (e) represent the Debtor in negotiations with creditors in the preparation of a plan. The firm's attorneys request compensation at the following hourly rates: Robert C. Furr $675 Charles I. Cohen $575 Alvin S. Goldstein $575 Alan R. Crane $525 Marc P. Barmat $525 Jason S. Rigoli $375 Paralegals $175 Alan Crane, Esq., an attorney at Furr Cohen, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Alan R. Crane, Esq. Furr Cohen, P.A. 2255 Glades Road, Suite 301E Boca Raton, FL 33431 Telephone: (561) 395-0500 Facsimile: (561) 338-7532 Email: acrane@furrcohen.com About FBC Group, LLC FBC Group, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 20-22667) on Nov. 18, 2020. At the time of the filing, Debtor had estimated assets of between $50,001 and $100,000 and liabilities of between $500,001 and $1 million. Judge Erik P. Kimball oversees the case. Furr Cohen, P.A. is Debtor's legal counsel. FIBERCORR MILLS: Seeks to Hire Krugliak Wilkins as Special Counsel ------------------------------------------------------------------ Fibercorr Mills, LLC and its affiliates seek approval from the U.S. Bankruptcy Court for the Northern District of Ohio to hire Krugliak, Wilkins, Griffiths, & Dougherty, Co., L.P.A. as their special counsel. The firm will assist the Debtors in matters related to Bureau of Workers' Compensation and employment-related services. The firm's hourly rates for personnel who will be providing services to the Debtors are: David E. Butz, Esq. $295 Edward D. Murray, Esq. $290 Lisa A. Fike, Esq. $210 James M. Williams, Esq. $210 Mathew E. Doney, Esq. $195 Meg McCaslin, Paralegal $135 Tammy J. McCort, Paralegal $100 Mary Helmick Papadopoulos $125 David Butz, Esq., a director at Krugliak Wilkin, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: David E. Butz, Esq. Krugliak Wilkins Griffiths & Dougherty, Co., L.P.A. 4775 Munson St. Canton, Ohio 44718 Telephone: (330) 497-0700 Facsimile: (330) 497-4020 About Fibercorr Mills FiberCorr Mills is a Massillon-based manufacturer of corrugated cardboard products. The Shew family bought the FiberCorr business from Georgia-Pacific in February 2000. Cherry Springs of Massillon II is the owner of real property consisting of FiberCorr's business premises. Shew Industries, LLC is the parent company of the other debtors. Visit http://www.fibercorr.comfor more information. Fibercorr Mills and its affiliates filed Chapter 11 petitions (Bankr. N.D. Ohio Lead Case No. 20-61029) on June 17, 2020. At the time of the filing, Fibercorr Mills had estimated assets of between $1 million and $10 million and liabilities of between $1 million and $10 million. Judge Russ Kendig oversees the case. The Debtors tapped Anthony J. Degirolamo, Attorney At Law as their bankruptcy counsel; and The Phillips Organization as their financial advisor. The U.S. Trustee for Region 9 appointed a committee to represent unsecured creditors in Debtors' Chapter 11 cases. The committee is represented by Lewis Brisbois Bisgaard & Smith, LLP. FLORIDA TILT: Seeks to Hire Zamora & Hernandez as Accountant ------------------------------------------------------------ Florida Tilt Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of Florida to hire Zamora & Hernandez, PLLC as its accountant. Zamora & Hernandez will assist the Debtor in the preparation of the 2019 income tax return. The firm was paid prepetition. Antonio Hernandez, CPA, of Zamora & Hernandez, disclosed in a court filing the the firm does not and never did own any interest in the Debtor. The firm can be reached through: Antonio Hernandez, CPA Zamora & Hernandez, PLLC 9485 Sunset Dr, Suite #A-265 Miami, FL 33173 About Florida Tilt Inc. Florida Tilt, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 20-20779) on Oct. 1, 2020, listing under $1 million in both assets and liabilities. Judge Robert A. Mark oversees the case. Ariel Sagre, Esq., at Sagre Law Firm, P.A., serves as the Debtor's legal counsel. FLUSHING LANDMARK: Seeks to Hire Joseph A. Broderick as Accountant ------------------------------------------------------------------ Flushing Landmark Realty, L.L.C. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire Joseph A. Broderick, P.C. as its accountant. The firm will prepare monthly operating statements, file all documents regarding pre-bankruptcy and post-petition taxes, and keep the books and records of the Debtor. The firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The accountant can be reached through: Joseph A. Broderick, CPA Joseph A. Broderick, P.C. 734 Walt Whitman Rd. Melville, NY 11747 Telephone: (631) 462-1779 About Flushing Landmark Realty Flushing Landmark Realty, L.L.C. is primarily engaged in renting and leasing real estate properties. The Company is the owner of fee simple title to a commercial building located at 41-60 Main St., Flushing, N.Y. Flushing Landmark Realty sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 20-73302) on October 30, 2020. The petition was signed by Myint J. Kyaw, principal. At the time of the filing, Debtor had total assets of $353,831 and total liabilities of $97,476,811. Rosen & Kantrow, PLLC is Debtor's legal counsel. FOUR NEW MILLENIUM: Voluntary Chapter 11 Case Summary ----------------------------------------------------- Debtor: Four New Millennium Group, Inc. d/b/a Sneaky Pete's 2 Eagle Point Rd. Lewisville, TX 75077 Business Description: Four New Millennium Group, Inc. https://www.sneakypetestx.com -- owns and operates a fastfood restaurant. Chapter 11 Petition Date: November 30, 2020 Court: United States Bankruptcy Court Northern District of Texas Case No.: 20-43620 Judge: Hon. Edward L. Morris Debtor's Counsel: Lynda L. Lankford, Esq. Robert J. Forshey, Esq. FORSHEY & PROSTOK, LLP 777 Main St., Suite 1550 Forth Worth, TX 76102 Tel: 817-877-8855 Fax: 817-877-4151 Email: llankford@forsheyprostok.com bforshey@forsheyprostok.com Total Assets as of December 31, 2019: $430,242 Total Liabilities as of December 31, 2020: $3,975,857 The petition was signed by Nick Mehmeti, president. The Debtor failed to include in the petition a list of its 20 largest unsecured creditors. A copy of the petition is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/Y6YSBIQ/Four_New_Millennium_Group_Inc__txnbke-20-43620__0001.0.pdf?mcid=tGE4TAMA FREEMAN HOLDINGS: Arvest Buying Springdale Property for $500K ------------------------------------------------------------- Freeman Holdings, LLC, and its affiliates ask the U.S. Bankruptcy Court for the Southern District of Florida to authorize the bidding procedures relating to the sale of the 11,350 sq. ft. single-story medical office building located at 803 Quandt Ave., Springdale, Arkansas, 0.4-acre lot, legally described as Lot 30 Block 1, RL Hayes Park Addition, City of Springdale, County of Washington, Parcel No. 815-22544-000, to Arvest Bank for $500,000 credit bid, subject to overbid. As of the filing of the Motion, the Debtor has the following indebtedness, in addition to general unsecured claims: (i) Arvest Bank - $1,221,561 (First Mortgage), and (ii) Francis E. McEvoy Revocable Living Trust - approximately $200,000 (Second Mortgage). The Debtor intends to sell the Real Property pursuant to the Asset Purchase Agreement, to be entered into between the Debtor and the Successful Bidder. It proposes a sale of the Real Property through auction, subject to higher and better offers, and free and clear of all liens, claims and encumbrances, with any liens, claims, or encumbrances attaching to the proceeds ofthe Sale. The Debtor proposes the following proposed deadlines in order to effectuate the proposed sale: (i) Deadline to Submit Qualifying Bid Packet - Jan. 5, 2021, (ii) Deadline to Tender Deposit - Jan. 5, 2021, (iii) Deadline to Approve Qualified Bidders - Jan. 6, 2021, (iv) Proposed Date for Auction and Hearing to Approve Salez - Jan. 8, 2021, and (v) Proposed Closing of Sale - Jan. 26, 2021. Arvest will act as the Stalking Horse bidder at a purchase price equal to a credit bid of its first position mortgage in the amount of $500,000 and payment at closing of all reasonable administrative expense claims incurred by the Debtor's estate associated with the sale of the Property. By agreement of the parties, Arvest will fund the reasonable administrative expenses ofthe contemplated Sale. The salient terms of the Bidding Procedures are: a. Bid Deadline: Jan. 5, 2020 b. Initial Bid: An amount equal to or greater than $100,000 more than the Stalking Horse Bid c. Deposit: 10% of the purchase price d. Auction: The Debtor proposes to sell the Real Property at an auction to take place on Jan. 8, 2021 or as otherwise determined by the Court. e. Bid Increments: $100,000 f. Sale Hearing: Jan. 8, 2021 g. Sale Objection Deadline: h. Closing: Jan. 26, 2021 The Debtor will file and serve upon all interested parties entitled to receive notice, including the Qualified Bidders, fully executed copies of the Qualified Bids to be considered at the Auction no later than 5:00 p.m. (PET) one day prior to the Auction. The Debtor will notify all Qualified Bidders, no later than 5:00 pm. (PET) three days before the Auction, that they may participate in the Auction. The Real Property will be transferred on an "as is" and "where is" basis, free and clear of all liens, claims and encumbrances, and any valid liens will attach to the net sale proceeds. The Debtor respectfully asks that a hearing on this matter be set on Nov. 20 or 23, 2020 or a date shortly thereafter that the Court deems appropriate. Time is of the essence as the Debtor proposes to complete the contemplated sale before the confirmation hearing on Jan. 28, 2020. The Debtor proposes to hire, as listing agent, The Griffin Co. Realtors - Commercial Division, who Will be paid a 6% commission on the Sale. It submits that the listing agreement is necessary for the contemplated Sale, as the Broker will provide, in the Debtor's business judgment, the best opportunity to maximize value for creditors at a rate Which is at market. Subject to the terms and conditions of the APA, the Debtor, in the sound exercise of its business judgment, has concluded that consummation of the Sale Will best maximize the value of its estate for the benefit of its creditors. In addition, given its and the Bidders' interest in proceeding expeditiously, the Debtor asks that the Court waives the 14-day stay of the effectiveness of the Sale Approval Order consistent with Rule 6004(h) of the Federal Rules of Bankruptcy Procedure. A copy of the Agreement is available at https://tinyurl.com/y5s2y8eu from PacerMonitor.com free of charge. About Freeman Holdings Freeman Holdings, LLC, and FWP Realty Holdings, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case Nos. 20-15410 and 20-15412) on May 17, 2020. At the time of the filing, the Debtors each had estimated assets of between $500,001 and $1 million and liabilities of between $1 million to $10 million. Judge Scott M. Grossman oversees the cases. Wernick Law, PLLC is the Debtor's legal counsel. On June 25, 2020, the U.S. Trustee said it was unable to appoint an Official Committee of Unsecured Creditors. FREMONT HILLS: Gets OK to Hire Lee Bankruptcy as Legal Counsel -------------------------------------------------------------- Fremont Hills Development Corp. received approval from the U.S. Bankruptcy Court for the Northern District of California to hire Lee Bankruptcy & Restructuring Counsel as its bankruptcy counsel. The Debtor requires the firm to: 1. take all necessary actions to protect and preserve the Debtor's estate, including the prosecution of actions on its behalf, the defense of any actions commenced against the Debtor, the negotiation of disputes in which the Debtor is involved, and the preparation of objections to claims filed against the Debtor's estate; 2. prepare legal papers; 3. attend all meetings conducted pursuant to Section 341(a) of the Bankruptcy Code and represent the Debtor at all examinations; 4. take actions in connection with a plan of reorganization or liquidation; and 5. perform all other necessary legal services in connection with the prosecution of the Debtor's Chapter 11 case. Lee Bankruptcy's normal hourly rates are: Michael D. Lee $500 Associate Attorneys $250 Paralegal/Staff $175 Lee Bankruptcy is a "disinterested person," as that term is defined in Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Michael D. Lee, Esq. Lee Bankruptcy & Restructuring Counsel 75 East Santa Clara Street, Suite 1390 San Jose, CA 95113 Phone: 408-320-5275 Fax: 408-982-3285 Email: Michael.Lee@Lee-Li.com About Fremont Hills Development Corp. Fremont Hills Development Corp. filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Calif. Case No. 20-51485) on Oct. 9, 2020, listing under $1 million in both assets and liabilities. Judge Stephen L. Johnson oversees the case. Lee Bankruptcy & Restructuring Counsel serves as the Debtor's legal counsel. FURNITURE FACTORY: Taps B. Riley Real Estate as Lease Consultant ---------------------------------------------------------------- Furniture Factory Ultimate Holding, L.P. and its debtor affiliates seek approval from the U.S. Bankruptcy Court for the District of Delaware to employ B. Riley Real Estate, LLC as their real property lease consultant. B. Riley will render these professional services: (a) Consult with the Debtors to discuss the Debtors' goals, objective and financial parameters in relation to the leases; (b) Provide the Debtors a schedule of work; (c) Negotiate with the landlords of the lease properties and other third parties on behalf of the Debtors in order to assist the Debtors with respect to covered transactions on terms desired by the Debtors; and (d) Report periodically, but in any event as often as reasonably requested by the Debtors, to the Debtors regarding the status of the services and details related thereto. The Debtors have agreed to compensate B. Riley for its services in accordance with the following structure: (a) Early Termination Rights. For each early termination right, B. Riley shall earn and be paid a fee of one half of one month's "gross occupancy cost" per applicable lease. (b) Lease Terminations. For each lease termination, B. Riley shall earn and be paid a fee of four percent of the occupancy cost savings per applicable lease. (c) Monetary Lease Modifications. For each Monetary lease modification, B. Riley shall earn and be paid a fee of 5 percent of the occupancy cost savings per applicable lease. (d) Non-Monetary Lease Modifications. For each non-monetary lease modification, B. Riley shall earn and be paid a fee of $1,000 per applicable lease. B. Riley will carry out unique functions and will use reasonable efforts to coordinate with the Debtors and its professionals retained in their Chapter 11 Case to avoid the unnecessary duplication of services. James Terrell, a principal at B. Riley, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Michael Jerbich B. Riley Real Estate, LLC 875 N. Michigan Avenue, Suite 3900 Chicago, IL 60611 Telephone: (312) 894-7621 E-mail: mjerbich@brileyfin.com About Furniture Factory Ultimate Holding Furniture Factory Outlet, LLC retails furniture and accessories products and serves customers in the United States. It was founded in 1984 in Muldrow, Okla., around an original concept of providing quality furniture at highly competitive prices with its "lowest price every day" guarantee. Furniture Factory and its affiliates, including Furniture Factory Outlet, LLC, sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 20-12816) on Nov. 5, 2020. Furniture Factory was estimated to have $10 million to $50 million in assets and liabilities. The Hon. John T. Dorsey is the case judge. The Debtors tapped Klehr Harrison Harvey Branzburg LLP as legal counsel, Focalpoint Securities LLC as investment banker, RAS Management Advisors LLC as restructuring advisor, B. Riley Real Estate, LLC as their real property lease consultant. Stretto is the claims agent. FURNITURELAND USA: Case Summary & 11 Unsecured Creditors -------------------------------------------------------- Debtor: Furnitureland USA, Inc. 2345 N. Orange Blossom Trail Kissimmee, FL 34744 Business Description: Furnitureland USA, Inc. owns and operates furniture stores. Chapter 11 Petition Date: December 1, 2020 Court: United States Bankruptcy Court Middle District of Florida Case No.: 20-06634 Debtor's Counsel: Scott W. Spradley, Esq. THE LAW OFFICES OF SCOTT W. SPRADLEY, P.A. P.O. Box 1 109 South 5th Street Flagler Beach, FL 32136 Tel: 386-693-4935 Fax: 386 693 4937 Email: scott@flaglerbeachlaw.com Estimated Assets: $1 million to $10 million Estimated Liabilities: $1 million to $10 million The petition was signed by Mark Cantley, president. A copy of the petition containing, among other items, a list of the Debtor's 11 unsecured creditors is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/QSHBTMY/Furnitureland_USA_Inc__flmbke-20-06634__0001.0.pdf?mcid=tGE4TAMA GAMESTOP CORP: To Redeem $125M of Outstanding 6.75% Senior Notes ---------------------------------------------------------------- GameStop Corp. issued a notice of redemption to redeem $125.0 million of its outstanding 6.75% Senior Notes due 2021, which are governed by that certain Indenture dated March 9, 2016, by and among Company, certain subsidiary guarantors party thereto and U.S. Bank National Association, as trustee (as amended). The redemption date will be Dec. 11, 2020 and the redemption price will be equal to $1,000 per $1,000 principal amount of the Notes being redeemed, representing 100.00% of the principal amount of the Notes being redeemed, plus accrued but unpaid interest thereon to, but not including, the Redemption Date. Upon the redemption by the Company of the Notes being redeemed, $73.2 million of Notes will remain outstanding. The Company expects to pay the redemption price for the Notes being redeemed with cash on hand. About GameStop GameStop Corp., a Fortune 500 company headquartered in Grapevine, Texas, is a video game retailer, operating approximately 5,000 stores across 10 countries, and offering a selection of new and pre-owned video gaming consoles, accessories and video game titles, in both physical and digital formats. GameStop also offers fans a wide variety of POP! vinyl figures, collectibles, board games and more. GameStop recorded a net loss of $470.9 million for fiscal year 2019 compared to a net loss of $673 million for fiscal year 2018. As of Aug. 1, 2020, the Company had $2.37 billion in total assets, $2.02 billion in total liabilities, and $352.3 million in total stockholders' equity. GENCANNA GLOBAL: Southern Tier Lost $5 Million in Biomass Deal -------------------------------------------------------------- Law360 reports that a hemp company, Southern Tier Hemp LLC, controlled by a board member of bankrupt cannabis company GenCanna has filed notice in Kentucky bankruptcy court that it intends to preserve its right to offset money it allegedly owes the debtor with roughly $5 million in losses it incurred in dealings with GenCanna. After being hit with an adversary complaint in the bankruptcy, Southern Tier Hemp LLC said in a filing Friday, November 27m 2020, that it provided GenCanna with more than 40,000 pounds of biomass to manufacture and develop in 2018, but the cannabis company didn't manufacture the product, return it or pay Southern Tier for it. About GenCanna Global USA GenCanna Global USA, Inc. -- https://www.gencanna.com/ -- is a vertically-integrated producer of hemp and hemp-derived CBD products with a focus on delivering social, economic and environmental impact through seed-to-scale agricultural production. GenCanna Global USA was the subject of an involuntary Chapter 11 proceeding (Bankr. E.D. Ky. Case No. 20-50133) filed on Jan. 24, 2020. The involuntary petition was signed by alleged creditors Pinnacle, Inc., Crawford Sales, Inc., and ntegrity/Architecture, PLLC. On Feb. 6, 2020, GenCanna Global USA consented to the involuntary petition and on Feb. 5, 2020, two affiliates, GenCanna Global Inc. and Hemp Kentucky LLC, filed their own voluntary Chapter 11 petitions. Laura Day DelCotto, Esq., at DelCotto Law Group PLLC, represents the petitioners. The Debtors tapped Benesch Friedlander Coplan & Aronoff, LLP and Dentons Bingham Greenebaum, LLP as legal counsel, Huron Consulting Services, LLC as operational advisor, and Jefferies, LLC as financial advisor. Epiq is the claims agent, which maintains the page https://dm.epiq11.com/GenCanna The Office of the U.S. Trustee appointed a committee of unsecured creditors on Feb. 18, 2020. The committee tapped Foley & Lardner LLP as its bankruptcy counsel, DelCotto Law Group PLLC as local counsel, and GlassRatner Advisory & Capital Group, LLC as financial advisor. GENESIS PLACE: Seeks to Tap Valbridge Property as Expert Appraiser ------------------------------------------------------------------ Genesis Place, LLC seeks approval from the U.S. Bankruptcy Court for the Western District of Tennessee to employ Andrew Trott of Valbridge Property Advisors as its valuation consultant and expert appraiser. The Debtor needs a valuation consultant and expert appraiser to give advice and, if necessary, provide expert testimony in connection with issues in its Chapter 11 case. Mr. Trott has agreed to undertake an appraisal of the Debtor's real property and business for a fee of $3,000, plus travel and out-of-pocket expense. He will receive additional compensation at the rate of $250 per hour for depositions, testimony and court hearings, with a minimum charge of $1,000 per occurrence. Mr. Trott disclosed in court filings that the firm is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Andrew Trott Valbridge Property Advisors 756 Ridge Lake Boulevard, Suite 225 Memphis, TN 38120 Telephone: (901) 753-6977 Facsimile: (901) 753-7591 About Genesis Place Genesis Place, LLC classifies its business as single asset real estate (as defined in 11 U.S.C. Section 101(51B)). Genesis Place sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tenn. Case No. 20-24485) on Sept. 15, 2020. At the time of the filing, the Debtor disclosed assets of between $1 million and $10 million and liabilities of the same range. Judge David S. Kennedy oversees the case. The Debtor tapped Glanker Brown, PLLC as legal counsel and Valbridge Property Advisors as valuation consultant and expert appraiser. GIBSON FARMS: Taps Sagniere Consulting as Cash Flow Consultant -------------------------------------------------------------- Gibson Farms and its affiliates received approval from the U.S. Bankruptcy Court for the Northern District of Texas to employ Sagniere Consulting as their cash flow consultant. The Debtors require the firm to prepare cash flow projections based upon historical crop yields, operating expenses, and other factors in order to enable the Debtors to prepare cash flows to support the Chapter 1l plan, and demonstrate the feasibility of the plan. Tamara Sagniere, who is primary responsible for providing services to the Debtors, will charge a fee of no less than $40 per hour plus expenses for the said services. Ms. Sagniere disclosed in court filings that her firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Tamara Sagniere Sagniere Consulting 1005 5th Ave. Canyon, Tx. 79015 About Gibson Farms Gibson Farms and its affiliates filed voluntary petitions for relief under Chapter 11 of Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 20-20271) on Oct. 5, 2020. Paula Gibson, partner, signed the petitions. At the time of the filing, the Debtors had estimated assets of between $1,000,001 and $10,000,000 and liabilities of between $10,000,001 and $50,000,000. Judge Robert L. Jones oversees the cases. The Debtors have tapped Mullin Hoard & Brown, LLP as legal counsel and Clint W. Bumguardner of W.T. Appraisal, Inc. as real estate appraiser. GOLDEN HOTEL: Seeks Approval to Hire Real Estate Brokers -------------------------------------------------------- Golden Hotel LLC and Golden Capital Venture LLC seek approval from the U.S. Bankruptcy Court for the Central District of California to employ Reeco and Roberts Hospitality as real estate brokers. The Debtors desire to retain the brokers to market and sell the Radisson Hotel Anaheim-Buena Park, a 200-room hotel with a restaurant, ballrooms, lounge and an outdoor pool located at 7762 Beach Boulevard, Buena Park, Calif. Pursuant to the listing agreement, the brokers have the exclusive right to sell the property through March 31, 2021. The property will be offered for sale with a listing price of $19.9 million. The brokers' commission will be 1.5 percent of the aggregate gross sales price for the property. The compensation does not include compensation for any cooperating broker. Daniel Shaunt of Reeco and Bob Kaplan of Roberts Hospitality disclosed in court filings that the firms and its members are "disinterested persons" as that term is defined in section 101(14) of the Bankruptcy Code. The firms can be reached through: Bob Kaplan Roberts Hospitality Telephone: (949) 218-4951 Email: bob.kaplan@robertshospitality.com - and – Daniel Shaunt Reeco 76 Discovery Irvine, CA 92618 Telephone: (310) 571-8266 Email: daniel@goReeco.com About Golden Hotel Golden Hotel, LLC is a privately held company in the traveler accommodation industry. Golden Capital Venture, LLC is primarily engaged in renting and leasing real estate properties. Golden Hotel and Golden Capital concurrently filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Calif. Case Nos. 20-12636 and 20-12637, respectively). Hieu M. Bui, manager, signed the petitions. At the time of filing, the Debtors' estimated $10 million to $50 million in both assets and liabilities. Lei Lei Wang Ekvall, Esq. at Smiley Wang-Ekvall, LLP represents the Debtors as counsel. GREEN MOUNTAIN: Hires L. William Porter as Counsel -------------------------------------------------- Green Mountain Specialties Corp., seeks authority from the U.S. Bankruptcy Court for the Middle District of Florida to employ the Law Offices of L. William Porter III, P.A., as counsel to the Debtor. Green Mountain requires L. William Porter to: a. advise as to the Debtor's rights and duties in this case; b. prepare pleadings related to this case, including a disclosure statement and a plan of reorganization; and c. take any and all other necessary action incident to the proper preservation and administration of this estate. L. William Porter will be paid at these hourly rates: Attorneys $350 Paraprofessionals $150 L. William Porter will also be reimbursed for reasonable out-of-pocket expenses incurred. L. William Porter III, partner of the Law Offices of L. William Porter III, 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. L. William Porter can be reached at: L. William Porter III, Esq. LAW OFFICES OF L. WILLIAM PORTER III, P.A. 2014 Edgewater Drive, Suite 119 Orlando, FL 32804 Tel: (407) 603-5769 Fax: (407) 674-3168 E-mail: bill@billporterlaw.com About Green Mountain Specialties Corp. Green Mountain Specialties Corp., filed a Chapter 11 bankruptcy petition (Bankr. M.D. Fla. Case No. 20-06370) on November 17, 2020, disclosing under $1 million in both assets and liabilities. The Debtor is represented by the Law Offices of L. William Porter III, P.A. GREENPOINT TACTICAL: GPTIF, PGRE Unsecureds to Get 100% in Plans ---------------------------------------------------------------- Pursuant to Section 1125 of the United States Bankruptcy Code, Greenpoint Tactical Income Fund LLC ("GPTIF") and GP Rare Earth Trading Account LLC ("GPRE"), submitted a Third Amended Consolidated Disclosure Statement. This Disclosure Statement is intended to provide creditors and parties in interest with an overview of the Chapter 11 Plans filed by each of the Debtors, as amended and filed on September 18, 2020,September 25, 2020, and again on September 29, 2020 General Unsecured Claims against GPTIF are estimated at $1,545,000. The GPTIF Plan provides that Holders of insider claims that are not management fees, and not included in Equity Class B Unsecured Claims and non-insider unsecured claims will be paid in cash 50% of their claims on the Effective Date, and 50% of their claims one year following the Effective Date of the Plan. Such claims are considered impaired, and therefore holders of non-insider general unsecured claims will be eligible to vote on the Plan. General Unsecured Claims against GPRE estimated at $130,000. The GPREPlan provides that Holders of general unsecured claims will be paid in cash in full on the Effective Date. Such claims are considered unimpaired, and therefore holders of general unsecured claims do not vote and are deemed to have accepted the Plan. The hearing at which the Court will consider confirmation of the Plans will take place on February 10, 2021, at 1:00 p.m., and at any other time set by the Court, at the United States Bankruptcy Court for the Eastern District of Wisconsin, Courtroom 133, 517 East Wisconsin Avenue, Milwaukee, WI 53202, or as otherwise ordered by the Court. Objections to confirmation of either of the Plans must be filed and served by January 14, 2021. A full-text copy of the Third AMended Disclosure Statement dated September 30, 2020, is available at https://www.pacermonitor.com/view/I76K62Y/Greenpoint_Tactical_Income_Fund__wiebke-19-29613__0652.0.pdf?mcid=tGE4TAMA Attorney for Debtors: Michael P. Richman Claire Ann Richman STEINHILBER SWANSON LLP 122 W Washington Ave, Suite 850 Madison, WI 53703 TEL: (608) 630-8990/FAX: (608) 630-8991 Email: mrichman@steinhilberswanson.com Email: crichman@steinhilberswanson.com About Greenpoint Tactical Income Fund Greenpoint Tactical Income Fund LLC is a Wisconsin limited liability company with its principal place of business in Madison, Wisconsin. Greenpoint Tactical Income Fund is a private investment fund. GP Rare Earth Trading Account LLC is a wholly owned subsidiary of Greenpoint Tactical Income Fund. GP Rare Earth is the entity that holds the gems and minerals. Greenpoint Tactical Income Fund LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Wis. Case No. 19-29613) on October 4, 2019. The petition was signed by Honorable Michael G. Halfenger. At the time of filing, Greenpoint Tactical estimated assets of $100 million to $500 million and liabilities of $10 million to $50 million. GP Rare Earth estimated assets of $100 million to $500 million and liabilities of $10 million to $50 million. The Debtors are represented by Steinhilber Swanson LLP. GREENSTAR HOSPITALITY: Custodian Selling Othello Property for $825K ------------------------------------------------------------------- Empire Brokerage & Real Estate Services, Inc., the Court-appointed custodian in the Chapter 11 case of Greenstar Hospitality LLC, doing business as Cabana Motel, asks the U.S. Bankruptcy Court for the Western District of Washington to authorize the sale of the commercial real property located at 665 E. Windsor St., Othello, Washington to free and clear of liens, claims, encumbrances, and interests, to Bootah Singh and/or his assignee, for $825,000, cash. The primary asset of the Debtor is the Property. The Property is an independent, single-story, approximately 55-room motel that previously operated as the Cabana Motel. The legal description of the Property is as follows: Lots 1 through 11, inclusive, Block 4, Flowerhill Subdivision to Othello, according to the Plat thereof recorded in the office of the Auditor of Adams County, Washington. The Debtor's Amended Plan of Reorganization, Dated March 13, 2018, provides that if the Debtor defaulted and failed to perform according to its terms, the Custodian would be appointed over the Property, and would, among other things, be tasked with operating, marketing, and eventually selling the Property, and then disbursing the proceeds from the sale of the Property as provided in the Plan. The Debtor defaulted under the Plan in October of 2019 and failed to timely cure. Accordingly, on Feb. 5, 2020, the Class C Creditor under the Plan, United Business Bank, successor by merger to Plaza Bank and holder of a first position deed of trust against the Property, moved the Court to re-open the chapter 11 case and enter an agreed order appointing the Custodian, as provided in the Plan. On Feb. 6, 2020, the Court granted the motion to re-open and entered an Agreed Order Appointing Custodian Over Property. Pursuant to the Appointment Order (as well as the Plan), the Custodian was tasked with and authorized to operate, collect revenues from, market, sell, and convey the Property, and to disburse the proceeds from its sale in accordance with the terms set forth the Appointment Order. The Plan and the Appointment Order also authorized the Custodian to employ professionals as needed to assist it with these tasks. Shortly after the Custodian's appointment, its project manager for the matter conducted an initial site visit and inspection. Additionally, the Custodian retained Sperry Van Ness ("SVN") as real estate brokers to list, market, and sell the Property. The Custodian also retained Zev Shechtman and John Tedford, IV, of Danning, Gill, Israel, & Krasnoff, LLP, as its counsel in the matter, as well as The Tracy Law Group PLLC to act as local counsel. Such actions were authorized by the Plan and the Appointment Order. In March of 2020, the Custodian retained U.S. Hotel Appraisals to appraise the Property. On March 31, 2020, U.S. Hotel Appraisals provided the Custodian with its appraisal report which valued the Property at $1.5 million. Around the same time, SVN also provided the Custodian with a Broker's Opinion of Value, valuing the Property at $1,153,386, but recommended initially listing the Property for $1.5 million. Accordingly, at the beginning of April of 2020, per the Custodian's direction, SVN listed the Property for $1.5 million and began marketing it for sale. By the end of April, the Custodian had received two letters of intent to purchase the Property. One offer was for $500,000 from an individual named Vijay Kumar. The other offer was for $700,000 from the Buyer. Both offers were all-cash. The Custodian did not receive any additional letters of intent. At the end of May 2000, he countered the two all-cash offers discussed with a $1.25 million asking price. At the same time, and in light of the downturn in the hotel/motel industry due to the COVID-19 pandemic, the Custodian began investigating repurposing the Property into residential apartment units. After failing to receive any response to the Custodian's $1.25 million counter offers, in July of 2020, SVN reduced the listing price for the Property to $1.25 million at the Custodian's direction. Subsequently, Mr. Singh, the individual who had originally submitted an all cash offer in the amount of $700,000 in April of 2020, re-engaged in negotiations with the Custodian. After extensive renewed negotiations, the Custodian agreed to sell the Property to Mr. Singh and/or his assigns, for a total purchase price of $825,000, all cash, to be paid at closing, pursuant to the terms of the Oct. 21, 2020 Real Estate Purchase and Sale Agreement. In the Custodian's informed business judgment, the proposed sale is in the best interest of the estate. Further, the Custodian understands that the Bank supports the proposed sale to Mr. Singh. According to the title report, these liens are against the Property: (1) Deed of Trust and the terms and conditions thereof: Grantor: Greenstar Hospitality LLC Trustee: Chicago Title Insurance Co. Beneficiary: Plaza Bank Original Amount: $980,000 Dated: April 23, 2009 Recorded: April 29, 2009 Recording No.: 292087 (2) Deed of Trust and the terms and conditions thereof: Grantor: Greenstar Hospitality, LLC Trustee: Pacific Northwest Title Co. of Washington Beneficiary: Greenwood Hospitality, LLC Original Amount: $140,000 Dated: April 27, 2009 Recorded: April 29, 2009 (3) Warrant in favor of the State of Washington: Against: Greenwood Hospitality, LLC and Greenstar Hospitality, LLC Amount: $1,142, plus interest Filed: Feb. 2, 2010 Judgment No.: 10-9-00022-3 Case No.: 10-2-00026-1 Department: Labor & Industries (4) Warrant in favor of the State of Washington: Against: Greenstar Hospitality, LLC Amount: $4,4948, plus interest Filed: May 22, 2017 Judgment No.: 17-9-00143-0 Case No.: 17-2-00118-3 Department: Department of Labor & Industries (5) Judgment: In Favor of: Department of Labor Against: Greenstar Hospitality, LLC Amount: $1,730, together with interest, costs and attorney fees, if any Filed: July 2, 2018 Judgment No.: 18-9-00155-1 Cause No.: 18-2-00123-8 Atty for Creditor: Undisclosed (6) Judgment: In Favor of: Department of Labor Against: Greenstar Hospitality, LLC Amount: $784, together with interest, costs and attorney fees, if any Filed: July 5, 2019 Judgment No.: 19-9-00133-9 Cause No.: 19-2-00134-1 Atty for Creditor: Undisclosed (7) Judgment: In Favor of: Department of Labor Against: Greenstar Hospitality, LLC Amount: $2,037, together with interest, costs and attorney fees, if any Filed: Oct. 17, 2019 Judgment No.: 19-9-00214-9 Cause No.: 19-2-00195-3 Atty for Creditor: Undisclosed (8) Judgment: In Favor of: Department of Labor Against: Greenstar Hospitality, LLC Amount: $1,371, together with interest, costs and attorney fees, if any Filed: Jan. 27, 2020 Judgment No.: 20-9-00012-3 Cause No.: 20-2-00011-0 Atty for Creditor: Undisclosed (9) Judgment: In Favor of: J & M Electric Against: Greenstar Hospitality, LLC Amount: $61,113, together with interest, costs and attorney fees, if any Filed: March 5, 2020 Judgment No.: 20-9-00041-7 Cause No.: 19-2-00181-3 Atty for Creditor: Undisclosed The Title Report also reflects delinquent general taxes for the year 2017 ($10,786), 2018 ($11,929), 2019 ($10,799), and 2020 ($12,663), plus interest and penalties, related to tax account 1-529-03-058-0401, and provides the contact information for the Adams County Treasurer. There are no other known liens against the Property other than those liens set forth. In light of the foregoing, the Custodian has now brought the Motion, asking approval of the sale of the Property. In accordance with the terms of the Plan, upon the sale of the Property, the Bank's claim will be paid from the Net Proceeds generated from the sale as soon as practicable following closing. Thus, the Custodian also asks authorization to disburse the sale proceeds in accordance with the foregoing Plan terms. Once the sale is approved and the proceeds disbursed as set forth, the Custodian's tasks set forth in the Plan will be complete, it will have no further assets to administer, and the chapter 11 case should be re-closed. The proposed sale of the Property to Mr. Singh and/or his assigns is subject to overbid. Any party or individual may submit a higher and better cash offer to the Custodian or his attorneys at any time prior to the response date to the Motion. In the event that other potential purchasers surface and submit higher and better offers prior to the response date, the Custodian would ask that the Court then establish an auction process between the competing parties in order to establish an ultimate purchaser and purchase price. The Custodian asks the Court that the sale will be not be taxed under any law imposing a stamp tax or other similar tax, including but not limited to any real estate excise tax and/or similar transfer tax. It asks that it will be authorized to pay the following from the gross sale proceeds at closing without further order from the Court: (a) all outstanding expenses of the Custodian and the professionals that it has retained, including fees and costs; (b) all ordinary and customary closing costs; (c) any taxes having priority over the Bank's lien; (d) any other liens, if any, having priority over the Bank's lien; (e) any real estate commissions payable on the sale; and (f) any and all U.S. Trustee's fee arising from the reopening of the case and the sale of the Property. All remaining sale proceeds will be paid to the Bank Within five business days after closing, the Custodian's counsel will file a report of sale which will include a copy of the final HUD-1 Statement/Closing Statement. As soon as practicable after the Custodian counsel files the aforementioned report of sale, the case will be closed. A telephonic hearing on the Motion is set for Dec. 4, 2020 at 9:30 a.m. The Objection Deadline is Nov. 27, 2020. About Greenstar Hospitality Greenstar Hospitality LLC owns and operates a business known as the Cabana Motel located at 665 E. Windsor Street, Othello Washington, 99344. Its managing member and sole owner is Ahmed Fataftah. Its business manager is Sajjad Khan. Greenstar Hospitality filed for Chapter 11 bankruptcy protection (Bankr. W.D. Wash. Case No. 17-12815) on June 22, 2017. In the petition signed by Ahmed Fataftah, managing member, the Debtor was estimated to have assets and liabilities at between $1 million and $10 million. Judge Timothy W. Dore presides over the case. Lamont S. Bossard, Jr., Esq., at Iwama Law Firm, serves as the Debtor's bankruptcy counsel. On March 14, 2018, the Court confirmed The Debtor's Amended Plan of Reorganization, Dated March 13, 2018. On Feb. 6, 2020, the Court appointed Empire Brokerage & Real Estate Services, Inc., as custodian. GREGORY G. SMITH: Seeks to Hire Special Litigation Counsel ---------------------------------------------------------- Gregory G. Smith, M.D. seeks approval from the U.S. Bankruptcy Court for the Eastern District of California to hire Philipp Saud, Esq., an attorney practicing in Sacramento, Calif., as its special litigation counsel. Mr. Saud will assist the Debtor in a cross-complaint filed in the state court litigation, arising out of Gregory Smith's actions as a former officer of the Debtor and his subsequent actions that have resulted in the loss of income due to his improper interference in the Debtor's business. Mr. Saud disclosed in court filings that he does not hold or represent any interest adverse to the Debtor or its estate. The attorney holds office at: Philipp K. Saud, Esq. PO Box 214173 Sacramento, CA 95821-0173 About Gregory G. Smith, M.D. Gregory G. Smith, M.D., A Professional Corporation, is engaged in the business of providing medical services based in Sacramento, Calif. Gregory G. Smith, M.D. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Cal. Case No. 20-24783) on October 15, 2020. The petition was signed by Miteshkumar Patel, chief executive officer. At the time of the filing, Debtor had estimated assets of between $100,001 and $500,000 and liabilities of between $500,001 and $1 million. Meegan, Hanschu & Kassenbrock is Debtor's legal counsel. GROWLERU FRANCO: Unsecureds to Get 6.25% of Claims in Plan ---------------------------------------------------------- GrowlerU Franco, LLC, d/b/a Growler USA, a Colorado Limited Liability Company, filed the Amended Disclosure Statement to provide the holders of claims and equitable interests adequate information about the Debtor and its proposed Plan so that creditors and equity holders can make an informed judgment about the merits of approving the Plan. The Debtor has claims against third parties which it has not yet determined whether it will pursue, the value of which, the Debtor has estimated at $50,000. To the extent that these claims are pursued and recovered, the net proceeds shall be paid to Class 1 unsecured creditors in addition to the Net Settlement Agreement Proceeds. The Net Settlement Agreement Proceeds provide for a working capital reserve which shall be capped at $5,000. Class 1 is impaired under the Plan. The holders of allowed unsecured claims in Class 1 shall be paid a Pro Rata share of Net Settlement Proceeds in full and final satisfaction of their Allowed Unsecured Claims, without interest, on the Effective Date of the Plan. Allowed Unsecured Claims in Class 1 are estimated to total $4,070,000. Each creditor in Class 1 is estimated to receive approximately 6.25% of their allowed unsecured claims. A full-text copy of the Amended Disclosure Statement dated October 15, 2020, is available at https://tinyurl.com/y2o7gop6 from PacerMonitor.com at no charge. Counsel for the Debtor: Jeffrey A. Weinman, #7605 WEINMAN & ASSOCIATES, P.C. 730 17th Street, Suite 240 Denver, CO 80202-3506 Telephone: (303) 572-1010 Facsimile: (303) 572-1011 E-mail: jweinman@weinmanpc.com About Growleru Franco GrowlerU Franco LLC, which conducts business under the name Growler USA, owns and operates a chain of pubs. It offers alcoholic beverages and dining services. Based in Centennial, Colo., GrowlerU Franco filed a voluntary Chapter 11 petition (Bankr. D. Colo. Case No. 19-20102) on Nov. 22, 2019. At the time of the filing, the Debtor was estimated to have assets of between [$1 billion to $10 billion] and liabilities of between $1 million to $10 million. Judge Thomas B. Mcnamara oversees the case. The Debtor tapped Jeffrey Weinman, Esq., as bankruptcy counsel; Pedro Robles as accountant; and Allen Vellone Wolf Helfrich & Factor P.C. as special counsel. GUITAR CENTER: Expects to Emerge from Chapter 11 in December ------------------------------------------------------------ Chris Eggertsen of Billboard.com reports that Guitar Center expects to emerge from bankruptcy by the end of 2020. Guitar Center, the nation's largest retailer of musical instruments, has filed for Chapter 11 bankruptcy protection, the company announced Saturday, November 27, 2020. The bankruptcy filing came just one week after the Guitar Center, which had been struggling to compete with online retailers even before the pandemic, announced it had reached a debt-reduction deal with its key stakeholders. The approved restructuring support agreement (RSA) intends to reduce Guitar Center's reported $1.3 billion debt by nearly $800 million, including $375 million in Debtor-In-Possession financing from some existing note holders and lenders. It also intends to raise $335 million in new senior secured notes. The agreement additionally includes $165 million in new equity investments from a fund managed by the private equity group of Guitar Center's controlling owner Ares Management Corporation (which acquired a majority stake in the company in 2014), new investor Brigade Capital Management, a fund managed by The Carlyle Group and other lenders. About Guitar Center Guitar Center, Inc., headquartered in Westlake Village, Cal., is the largest musical instrument retailer with 312 stores and a direct response segment, which operates its Web sites. It operates three distinct musical retail business - Guitar Center (about 70% of revenue), Music & Arts (about 7% of revenue), and Musician's Friend (its direct response subsidiary with 24% of revenue). Total revenue is about $2 billion. Guitar Center disclosed a net loss of $72.16 million in 2012, a net loss of $236.93 million in 2011 and a $56.37 million net loss in 2010. The company says its business operations will continue uninterrupted during the debt restructuring process and that it will continue to pay its vendors, suppliers and employees; operate its stores, websites, call centers and social media pages; and receive goods and ship orders. It will additionally honor all merchandise credits, prepaid lessons, rentals, gift cards, deposits, orders, financing and warranties. "This is an important and positive step in our process to significantly reduce our debt and enhance our ability to reinvest in our business to support long-term growth," said Guitar Center CEO Ron Japinga in a release. "Throughout this process, we will continue to serve our customers and deliver on our mission of putting more music in the world." Japinga added that the company expects to emerge from bankruptcy by the end of this year. GUITAR CENTER: Taps Prime Clerk as Claims Agent ----------------------------------------------- Guitar Center, Inc. and its affiliates received approval from the U.S. Bankruptcy Court for the Eastern District of Virginia to hire Prime Clerk LLC as their claims, noticing and administrative agent. The firm will oversee the distribution of notices and the maintenance, processing and docketing of proofs of claim filed in Debtor's Chapter 11 case. Prime Clerk will be paid at these hourly rates: Claim and Noticing Rates Analyst $35 - $55 Technology Consultant $35 - $95 Consultant/Senior Consultant $70 - $170 Director $175 - $195 Chief Operating Officer and No charge Executive Vice President Solicitation, Balloting and Tabulation Rates Solicitation Consultant $195 Director of Solicitation $215 Benjamin Steele, vice president of Prime Clerk, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Benjamin J. Steele Prime Clerk LLC One Grand Central Place 60 East 42nd Street, Suite 1440 New York, NY 10165 About Guitar Center Guitar Center, Inc., headquartered in Westlake Village, Cal., is the largest musical instrument retailer with 312 stores and a direct response segment, which operates its Web sites. It operates three distinct musical retail business -- Guitar Center (about 70% of revenue), Music & Arts (about 7% of revenue), and Musician's Friend (its direct response subsidiary with 24% of revenue). Total revenue is about $2 billion. Guitar Center disclosed a net loss of $72.16 million in 2012, a net loss of $236.93 million in 2011 and a $56.37 million net loss in 2010. Guitar Center, Inc., and 7 of affiliates sought Chapter 11 protection (Bankr. E.D. Va. Lead Case No. 20-34656) on Nov. 21, 2020. Guitar Center was estimated to have $1 billion to $10 billion in assets and liabilities as of the bankruptcy filing. The Hon. Kevin R. Huennekens is the case judge. The Debtors tapped Milbank LLP as general bankruptcy counsel; Houlihan Lokey Inc. as restructuring advisor; Berkeley Research Group LLC as operational and financial advisor; Hunton Andrews Kurth LLP as local bankruptcy counsel; and Lyons, Benenson & Company Inc. as compensations consultant. Prime Clerk LLC is the claims agent. Stroock & Stroock & Lavan LLP is serving as legal counsel to an ad hoc group of Secured Noteholders and Province is serving as financial advisor. Kirkland & Ellis LLP is serving as legal counsel to Ares Management Corporation. Debevoise & Plimpton LLP is serving as legal counsel to Brigade Capital Management and GLC Advisors & Co. is serving as financial advisor. Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal counsel to The Carlyle Group. HENRY FORD: Committee Seeks to Hire Perkins Coie as Lead Counsel ---------------------------------------------------------------- The official committee of unsecured creditors appointed in the Chapter 11 case of Henry Ford Village, Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of Michigan to employ Perkins Coie, LLP as its lead counsel. Perkins Coie will render these legal services: (a) advise and consult the committee with respect to the Debtor's administration of its Chapter 11 case; (b) attend meetings and negotiate with representatives of the Debtor, creditors and other parties-in-interest; (c) advise the committee in connection with any proposed sales of assets, disposition of assets or change of control transaction; (d) advise the committee on matters relating to the assumption, rejection, or assignment of unexpired leases and executory contracts; (e) assist the committee in its examination and analysis of the conduct of the Debtor's affairs; (f) assist the committee in its examination and analysis of the pre-bankruptcy financing agreements; (g) assist the committee in the review, analysis and negotiation of any post-petition financing or funding agreements; (h) take all necessary actions to protect and preserve the interests of the committee; (i) analyze, advise, negotiate and prepare a Chapter 11 plan, disclosure statement and related documents, and take any necessary action with respect to any proposed plan; (j) appear and advance the committee's interests before the bankruptcy court, any appellate courts and with the U.S. Trustee; (k) prepare legal papers in support of positions taken by the committee; and (l) perform all other legal services related to the Debtor's Chapter 11 case. The adjusted hourly rates for the Perkins Coie professionals most likely to be involved in this matter are: Eric E. Walker, Partner $693.00 Kathleen Allare, Associate $456.50 Rachel Leibowitz, Paralegal $232.00 In addition, the Debtor will reimburse Perkins Coie for any out-of-pocket expenses incurred. Eric Walker, Esq., a partner at Perkins Coie, disclosed in court filings that the firm is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Eric E. Walker, Esq. Kathleen Allare, Esq. Perkins Coie LLP 131 S. Dearborn Street, Suite 1700 Chicago, IL 60603-5559 Telephone: (312) 324-8400 Facsimile: (312) 324-9400 Email: ewalker@perkinscoie.com kallare@perkinscoie.com About Henry Ford Village Henry Ford Village, Inc. is a non-profit, non-stock corporation established to operate a continuing care retirement community located at 15101 Ford Road, Dearborn, Mich. It provides senior living services comprised of 853 independent living units, 96 assisted living unites and 89 skilled nursing beds. Henry Ford Village sought Chapter 11 protection (Bankr. E.D. Mich. Case No. 20-51066) on Oct. 28, 2020. In the petition signed by CRO Chad Shandler, Henry Ford Village was estimated to have $50 million to $100 million in assets and $100 million to $500 million in liabilities. The Hon. Mark A. Randon is the case judge. The Debtor tapped Dykema Gossett PLLC as its legal counsel, FTI Consulting, Inc., as financial advisor, and RBC Capital Markets, LLC as investment banker. Kurzman Carson Consultants, LLC is the claims agent. On Nov. 3, 2020, the Office of the United States Trustee for Region 9 appointed an official committee of unsecured creditors. The committee tapped Perkins Coie LLP as its lead counsel and Howard & Howard PLLC as its local counsel. HENRY FORD: Committee Seeks to Tap Howard & Howard as Local Counsel ------------------------------------------------------------------- The official committee of unsecured creditors appointed in the Chapter 11 case of Henry Ford Village, Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of Michigan to employ Howard & Howard Attorneys, PLLC as local counsel. Howard & Howard will render these legal services: (a) advise and consult the committee with respect to the Debtor's administration of the Debtor's Chapter 11 case; (b) attend meetings and, as needed, negotiate with representatives of the Debtor, creditors and other parties-in-interest; (c) assist the committee in the review, analysis and negotiation of any post-petition financing or funding agreements; (d) attend hearings and conferences as local counsel before the bankruptcy court or the U.S. District Court for the Eastern District of Michigan, and meetings with the U.S. Trustee; (e) review legal papers in support of positions taken by the committee; and (f) communicate with creditors. The adjusted hourly rates for the Howard & Howard professionals most likely to be involved in this matter are: Lisa S. Gretchko, Member $470 H. William Burdett, Jr., Member $450 In addition, the Debtor will reimburse Howard & Howard for any out-of-pocket expenses incurred. Lisa Gretchko, Esq., at Howard & Howard, disclosed in court filings that the firm is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Lisa S. Gretchko, Esq. Howard & Howard Attorneys, PLLC 450 West Fourth Street Royal Oak, MI 48067-2557 Telephone: (248) 723-0396 Facsimile: (248) 645-1568 Email: lgretchko@howardandhoward.com About Henry Ford Village Henry Ford Village, Inc. is a non-profit, non-stock corporation established to operate a continuing care retirement community located at 15101 Ford Road, Dearborn, Mich. It provides senior living services comprised of 853 independent living units, 96 assisted living unites and 89 skilled nursing beds. Henry Ford Village sought Chapter 11 protection (Bankr. E.D. Mich. Case No. 20-51066) on Oct. 28, 2020. In the petition signed by CRO Chad Shandler, Henry Ford Village was estimated to have $50 million to $100 million in assets and $100 million to $500 million in liabilities. The Hon. Mark A. Randon is the case judge. The Debtor tapped Dykema Gossett PLLC as its legal counsel, FTI Consulting, Inc., as financial advisor, and RBC Capital Markets, LLC as investment banker. Kurzman Carson Consultants, LLC is the claims agent. On Nov. 3, 2020, the Office of the United States Trustee for Region 9 appointed an official committee of unsecured creditors. The committee tapped Perkins Coie LLP as its lead counsel and Howard & Howard PLLC as its local counsel. HIGH SIERRA THEATRES: Claims to be Paid From Sale of Real Estate ---------------------------------------------------------------- High Sierra Theatres, LLC submitted this First Amended Disclosure Statement. The Plan has no priority claimants. The Debtor would pay the priority claimants 100% of their allowed priority claim, if there were any. The Plan has 5 classes of classified claims and interests. Class 1 is the secured claim of US Bank, NA. Class 2 is the secured claim of First Home Bank. Class 3 is the unsecured non-insider class. Class 4 is the insider unsecured class. Class 5 is the equity class. The Debtor proposes paying the Class 1 creditor US Bank nothing until it sells its real estate and then pay US Bank in full from the sales proceeds. The Debtor proposes paying the Class 2 creditor First Home Bank nothing until it sells its real estate and then pay US Bank in full from the sales proceeds. The Debtor proposes paying the Class 3 unsecured non-insider creditors creditor nothing until it sells its real estate, and then after costs of sale and secured claims are paid in full, pay Class 3 creditors pro rata until the sales proceeds are exhausted. Depending on the sales price Debtor is able to receive for the sale of the real estate the amount paid to Class 3 creditors could ran e from 50-100%. Class 4 is the insider unsecured creditor class. This class will be paid only after Class 3 is paid in full. Class 5 is the members of the Debtor; this class will retain its equity interests in the Debtor. The proposed distributions under the Plan are discussed in Section Ill of this Disclosure Statement. The Debtor anticipates funding the Plan through the sale of the Debtor's real estate. A full-text copy of the Disclosure Statement dated September 28, 2020, is available at https://tinyurl.com/yxzzqj6h from PacerMonitor.com at no charge. Attorney for the Debtor: Michael K. Daniels PO Box 1640 Albuquerque NM 87109 Tel: (505) 246-9385 Fax: (505) 246-9104 About High Sierra Theatres Founded in 2012, High Sierra Theatres is an owner/operator/management company that was formed by Thomas Becker and Nick Sanchez. Both partners have extensive experience in the motion picture exhibition industry, having over 65 years combined experience. High Sierra Theatres filed a voluntary Chapter 11 petition (Bankr. D.N.M. Case No. 19-12680) on Nov. 22, 2019. The petition was signed by Thomas Becker, managing member. At the time of filing, the Debtor disclosed $1,312,000 in assets and $1,766,017 in liabilities. Michael K. Daniels, Esq., is the Debtor's counsel. HIGH SIERRA THEATRES: U.S. Bank Says Plan Lacks Feasibility ----------------------------------------------------------- U.S. Bank, N.A. filed an objection to Approval of High Sierra Theatres, LLC, a New Mexico Limited Liability Company, d/b/a Desert Sky Cinema's Amended Chapter 11 Disclosure Statement and Confirmation of Amended Chapter 11 Plan of Reorganization. U.S. Bank points out that: * The Debtor's Disclosure Statement fails to contain adequate information as required by 11 U.S.C. Sec. 1125(a)(1). * The Disclosure Statement lacks adequate information regarding the proposed sale of the Property. * The Disclosure Statement fails to include an alternative plan for paying secured claims if the Debtor fails to sell the Property within a reasonable period of time. U.S. Bank further points out that the Plan lacks feasibility. "Here, the success of the Debtor's reorganization is contingent upon a post-confirmation sale of the Property for an amount sufficient to pay all secured claims in full and the approval of a SBA loan. It is unclear when the Property will be sold. The Plan does not require the Debtor to sell the Property and pay creditors. Nor does the Plan include a deadline to sell the Property. Accordingly, it is unclear when the Property will be sold and if U.S. Bank's Claim will be paid in full from the alleged sale. To date, the Debtor has yet to file and notice a hearing on a Motion to Sell the Property. The Debtor disclosed it received one offer to purchase the Property, but the price was insufficient to pay secured claims. Moreover the Debtor fails to provide for an alternative option to pay creditors or provide default remedies if Debtor fails to sell the Property within a reasonable period of time," U.S. Bank points out. "Debtor's Disclosure Statement outlines the impact of the COVID-19 on the Debtor's business operations. Due to state and local shutdowns, the Debtor closed the movie theatre and ceased making adequate protection payments to creditors. While the theater is currently open, Debtor is operating at only 8% capacity, which is insufficient to generate a profit. The Debtor anticipates (but cannot promise) new movies will be released in in December. The Debtor shall continue to operate the Property at a loss while the Property is marked for sale." U.S. Bank questions whether a market exists to sell a theatre operation in a post-pandemic market. If anything, U.S. Bank believes the value of the Property may have decreased post-pandemic (as evidenced by the alleged below-market offer received by the Debtor). U.S. Bank asserts operating the business at a loss while the Property is marketed for sale unduly shifts the burden to creditors that the Property will be sold within a reasonable period of time. "As Debtor is not required to make payments to creditors while the Property is marketed for sale, all the risks associated with the sale and operation of the business shall be borne by creditors, not the Debtor. The logic of the Bankruptcy Code forbids imposing uncompensated risk upon the non-consenting secured claimant." Counsel of U.S. Bank: Eddie R. Jimenez ALDRIDGE PITE, LLP 6301 Indian School Road, N.E., Suite 350 Albuquerque, NM 87110 Tel: (858) 750-7600 Fax: (619) 590-1385 About High Sierra Theatres Founded in 2012, High Sierra Theatres is an owner/operator/management company that was formed by Thomas Becker and Nick Sanchez. Both partners have extensive experience in the motion picture exhibition industry, having over 65 years combined experience. High Sierra Theatres filed a voluntary Chapter 11 petition (Bankr. D. N.M. Case No. 19-12680) on Nov. 22, 2019. The petition was signed by Thomas Becker, managing member. At the time of filing, the Debtor estimates $1,312,000 in assets and $1,766,017 in liabilities. Michael K. Daniels, Esq. represents the Debtor as counsel. HOTEL OXYGEN: Orion Objects to Noteholders' Plan & Disclosures -------------------------------------------------------------- Orion Atlantic Hotels Corporation ("OAHC"), Oxygen Hotels International, LLC ("OHI"), and Midtown Center Properties, LLC ("MCP" and together with OAHC and OHI collectively, "Orion"), objects to the Adequacy of Amended Disclosure Statement and Confirmation of Noteholders' Plan of Reorganization for Debtors Hotel Oxygen Palm Springs, LLC and Oxygen Hospitality Group, Inc. Orion objects to the adequacy of the Amended Disclosure Statement in that it contains inaccurate statements as to the operations of Debtors and the acts of Orion. Orion adds that: * The Disclosure Statement fails to provide evidence of the Noteholders' ability to finance the Debtor's exit from bankruptcy, or any discussion with respect to the tax implications of the proposed Plan with respect to the Debtor or any successor of the Debtor as required by 11 U.S.C. Sec. 1125(a)(1). * The Plan does not maximize a return to creditors or serve any other purpose under the Bankruptcy Code. Rather, on information and belief, Orion believes that Profectus hopes to conceal its breaches of duty and securities laws violations against their own clients, the Noteholders, by itself and its principals, so as to prolong that concealment as long as possible to attempt to run out the clock on such claims. * The Disclosure improperly calculates the value of the Ivy Hotel when performing liquidation analysis as the Plan describes the value of the hotel as $7,125,000 ($6,056,250 after liquidation costs)(Disclosure Statement at 37, Lines 13-14), and the currently proposed Sale has a gross sale price of no less than $8,500,0003 (an underestimation of value of $1,375,000). * The Plan fails to provide for sufficient funding to both pay the initial administrative claim obligations and capitalize the restart of HOPS' operation as a hotel or its redevelopment as apartments or other new use. Therefore, the Plan is not feasible. * The Plan unfairly discriminates against "Class 7- Insider / Affiliate Claims" wherein the Plan proposes that this class receive nothing for their claims with no justification (Disclosure Statement at 29, Lines 5-10), and it is not fair and equitable with respect to those claims. The Plan fails to satisfy the requirements of Section 1129(b). Attorneys for Orion: PATRICK F. KEERY KEERY MCCUE, PLLC 6803 EAST MAIN STREET, SUITE 1116 SCOTTSDALE, AZ 85251 TEL: (480) 478-0709 FAX: (480) 478-0787 About Hotel Oxygen Midtown I Hotel Oxygen Midtown, I, LLC, and Hotel Oxygen Palm Springs, LLC, are affiliate companies which operate hotels in Phoenix, Ariz. The companies are wholly owned subsidiaries of Oxygen Hospitality Group, Inc., an owner-operator hospitality company that acquires, renovates and manages a portfolio of mid-to upper scale branded and independent hotel assets in the U.S. Founded in 2017, Oxygen Hospitality is privately held and is headquartered in Phoenix, Ariz. Hotel Oxygen Midtown, I and its affiliates, Hotel Oxygen Palm Springs, A Great Hotel Company, Arizona LLC, and A Great Hotel Company, LLC, filed Chapter 11 petitions (Bankr. D.Ariz. Lead Case No. 19-14399) on Nov. 12, 2019. In the petitions signed by David Valade, chief financial officer, Hotel Oxygen Midtown was estimated to have assets of $1 million to $10 million and liabilities of $100,000 to $500,000. Judge Paul Sala oversees the cases. Guidant Law, PLC, is the Debtors' legal counsel. The Office of the U.S. Trustee appointed a committee of unsecured creditors. The committee is represented by Dickinson Wright PLLC. IMPERIAL PREMIUM: Hires Pachulski Stang as Counsel -------------------------------------------------- Imperial Premium Finance, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Delaware to employ Pachulski Stang Ziehl & Jones LLP, as counsel to the Debtor. Imperial Premium requires Pachulski Stang to: a. provide legal advice with respect to the Debtor's powers and duties as debtor in possession in the continued operation of their business and management of their property; b. prepare on behalf of the Debtor any necessary applications, motions, answers, orders, reports, and other legal papers; c. appear in Court on behalf of the Debtor; d. prepare and pursue confirmation of a plan and approval of a disclosure statement; and e. perform other legal services for the Debtor that may be necessary and proper in these proceedings. Pachulski Stang will be paid at these hourly rates: Partners $725 to $1,495 Of Counsel $650 to $1,125 Associates $625 to $650 Paraprofessionals $350 to $450 Pachulski Stang will be paid a retainer in the amount of $150,000. Pachulski Stang will also be reimbursed for reasonable out-of-pocket expenses incurred. Richard M. Pachulski, partner of Pachulski Stang Ziehl & Jones 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. Pachulski Stang can be reached at: Richard M. Pachulski, Esq. PACHULSKI STANG ZIEHL & JONES LLP 919 North Market Street, 17th Floor Wilmington, DE 19801 Tel: (302) 652-4100 Fax: (302) 652-4400 About Imperial Premium Finance Imperial Premium Finance, LLC, operates in the financial services industry. Imperial Premium Finance, LLC, based in Boca Raton, FL, filed a Chapter 11 petition (Bankr. D. Del. Case No. 20-12694) on Oct. 26, 2020. In its petition, the Debtor was estimated to have up to $50,000 in assets and $1 million to $10 million in liabilities. The petition was signed by Miriam Martinez, CFO of Emergent Capital, Inc., sole member of Imperial Premium Finance, LLC. The Hon. Brendan Linehan Shannon presides over the case. PACHULSKI STANG ZIEHL & JONES LLP, serves as bankruptcy counsel to the Debtor. Curtis Mallet-Prevost Colt & Mosle LLP, is the special litigation counsel. INGENU INC: Files Debt-for-Equity Plan; NJDR to Provide Funding --------------------------------------------------------------- Ingenu, Inc., filed with the U.S. Bankruptcy Court for the Southern District of California a Chapter 11 Plan of Reorganization and a Disclosure Statement on October 30, 2020. The Plan provides for the reorganization of the Debtor through a debt-for-equity exchange transaction whereby the Debtor's second most senior secured creditor, NDJR Grid Partners II, LLC ("NDJR"), will receive the equity in the Reorganized Debtor in exchange for the release of NDJR's pre-petition Secured Claim and the funding by NDJR of an exit facility that the Reorganized Debtor will use to pay certain payments due in connection with the confirmation of the Plan. Class 11 consists of the General Unsecured Claims with $9,213,525.49 estimated aggregate claims. Each holder of an Allowed Class 11 General Unsecured Claim shall receive, on account of such Allowed Claim, distributions from the Creditors Account on a Pro Rata basis. In the event that the Debtor does not achieve profitability within the five-year Measuring Period, then no Tax Benefit will be realized by the Debtor; the Debtor will have no obligation to fund the Creditors Account; and holders of Class 11 claims will receive no distributions under the Plan. Holders of Class 12 Interests shall receive nothing on account of and in exchange for such Interests. Pursuant to the Exit Financing Agreement, NDJR will provide the Reorganized Debtor with the Exit Facility upon the Effective Date of the Plan. The Exit Financing Agreement for the Exit Facility shall be on the terms and conditions substantially similar to those of the DIP Credit Agreement. Pursuant to the Debt-For-Equity Exchange, on the Effective Date, New Common Stock in the Reorganized Debtor will be issued to NDJR in exchange of the satisfaction of the portion of the Pre-Petition Second Lien Claim that equals the Settled Pre-Petition Second Lien Debt Amount. The Reorganized Debtor intends to continue to operate and develop the business the Debtor operated prior to the Petition Date. A full-text copy of the disclosure statement dated October 30, 2020, is available at https://tinyurl.com/y6ouekvr from PacerMonitor at no charge. Counsel for Debtor: SULLIVAN HILL REZ & ENGEL James P. Hill, CA Bar No. 90478 Christopher V. Hawkins Kathleen Cashman-Kramer 600 B Street, Suite 1700 San Diego, CA 92101 Telephone: (619) 233-4100 Facsimile: (619) 231-4372 E-mail: hill@sullivanhill.com hawkins@sullivanhill.com About Ingenu Inc. Ingenu Inc. is a provider of wireless networks. The company focuses on machine to machine communication by enabling devices to become Internet of Things devices. Operating on universal spectrum, the company's RPMA technology is a proven standard for connecting Internet of Things (IoT) devices across the globe. Visit http://www.ingenu.comfor more information. Ingenu filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Cal. Case No. 20-03779) on July 27, 2020. Alvaro Gazzolo, chief executive officer, signed the petition. At the time of filing, Debtor disclosed $1,501,022 in assets and $55,438,074 in liabilities. Sullivan Hill Rez & Engel, APLC represents the Debtor as legal counsel. INGENU INC: Trilliant Networks Says Plan Unconfirmable ------------------------------------------------------ Trilliant Networks (Canada) Inc., a creditor and party in interest, objects to the Disclosure Statement for Chapter 11 Reorganization Plan for debtor Ingenu, Inc. Trilliant points out that the Disclosure Statement fails to explain the basis for Ingenu's contention that the VAR Agreement was terminated prior to the Petition Date, notwithstanding Ingenu's undisputed failure to comply with the 60-day notice and cure provisions of Section 4.2. The Disclosure Statement accordingly lacks adequate information in accordance with Bankruptcy Code Section 1125 concerning such matters. Trilliant claims that neither the Disclosure Statement nor the Plan discusses Trilliant's rights pursuant to Bankruptcy Code Section 365(n) in the event the VAR Agreement is found to be viable, but is rejected as Ingenu intends. Trilliant states that the Disclosure Statement fails to explain the basis for treating the $2.8 million Trilliant Secured Claim as wholly unsecured. This is particularly inexcusable in view of the absence of proceedings to determine the value of Trilliant's lien (and the liens of other junior secured creditors) on Ingenu's assets, in accordance with applicable bankruptcy law. Trilliant says that the Plan offers no proper basis for avoiding Trilliant's lien on Ingenu's assets and treating it the same as Class 11 (general unsecured) claims. Such defects render the Plan unconfirmable on its face. Trilliant asserts that the Plan fails to recognize Trilliant's rights to continue utilizing Ingenu's intellectual property in such event in accordance with Bankruptcy Code Section 365(n). This also makes the Plan unconfirmable on its face. Trilliant further asserts that neither the Disclosure Statement nor the Plan offers any justification for such transfer restriction, which apparently violates applicable bankruptcy law, and thus provides further grounds for disapproving the Disclosure Statement. A full-text copy of Trilliant's objection to disclosure and plan dated October 13, 2020, is available at https://tinyurl.com/y37ysx7q from PacerMonitor.com at no charge. Attorneys for Trilliant: Gary M. Kaplan FARELLA BRAUN + MARTEL LLP 235 Montgomery Street, 18th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 E-mail: gkaplan@fbm.com About Ingenu Inc. Ingenu Inc. is a provider of wireless networks. The company focuses on machine to machine communication by enabling devices to become Internet of Things devices. Operating on universal spectrum, the company's RPMA technology is a proven standard for connecting Internet of Things (IoT) devices across the globe. Visit http://www.ingenu.comfor more information. Ingenu filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Cal. Case No. 20-03779) on July 27, 2020. CEO Alvaro Gazzolo signed the petition. At the time of filing, Debtor disclosed $1,501,022 in assets and $55,438,074 in liabilities. Sullivan Hill Rez & Engel, APLC, is the Debtor's legal counsel. INGENU INC: UST Says Feasibility Analysis Missing in Disclosures ---------------------------------------------------------------- Tiffany L. Carroll, the Acting United States Trustee filed an objection to the Disclosure Statement for Chapter 11 Plan of Reorganization proposed by Ingenu, Inc. The United States Trustee points out that: * There is no liquidation analysis showing what would happen in chapter 7. * The DS does not contain schedules to indicate claimants and corresponding amounts for each claimant for Class 9, Class 10, and Class 11. * The Debtor's Schedule D provides dates with different lien priority than the Class treatment as proposed in the Plan. * The Plan appears to force the claimants to give up their claims in order to receive any payment. * The Disclosure Statement does not include any feasibility analysis on the Effective Date. * The default provisions of the DS and Plan currently allow curing of the default within 90 days or waived by 50% or more of the Class. To the extent that Class 11 may be comprised of 50% or more of equity holders, insiders, and/or former insiders of the Debtor, this waiver provision appears to be inappropriate. * The Debtor is not committing to operate any business. * The Disclosure Statement provides that only the Debtor can interpret the validity of ballots received. * The Debtor has not confirmed that it has good standing to be in corporate existence. About Ingenu Inc. Ingenu Inc. is a provider of wireless networks. The company focuses on machine to machine communication by enabling devices to become Internet of Things devices. Operating on universal spectrum, the company's RPMA technology is a proven standard for connecting Internet of Things (IoT) devices across the globe. Visit http://www.ingenu.comfor more information. Ingenu filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Cal. Case No. 20-03779) on July 27, 2020. Alvaro Gazzolo, chief executive officer, signed the petition. At the time of filing, Debtor disclosed $1,501,022 in assets and $55,438,074 in liabilities. Sullivan Hill Rez & Engel, APLC represents the Debtor as legal counsel. INSPIRON INC: Unsecureds to Get Cash, Collection of A/R ------------------------------------------------------- Inspiron, Inc., submitted a Small Business Plan and a Disclosure Statement. Class 2 Allowed General Unsecured Claims are impaired. Class 2 consists of holders of Allowed General Unsecured Claims. The Debtor estimates that Class 2 Claims total approximately $490,000. The Debtor shall pay to holders of Class 2 General Unsecured Claims a distribution on a Pro Rata basis on their Allowed Claims, on the Effective Date, in Cash. The Debtor shall pay to holders of Class 2 General Unsecured Claims additional distributions from proceeds received from collection of its accounts receivable including three pending arbitrations and/or litigations to collect same. Class 3: Insider Claim of Alen Gershkovich is impaired. Class 3 consists of the Claim of Alen Gershkovich, the principal of the Debtor. The holder of the Class 3 Claim has agreed to waive his right to a distribution on account of such claim. The Plan shall be funded with the Debtor's cash and proceeds from collection of its accounts receivable, and shall be distributed by Kirby Aisner & Curley LLP. A full-text copy of the Disclosure Statement dated September 30, 2020, is available at https://www.pacermonitor.com/view/KUAV6XY/Inspiron_Inc__nysbke-19-23534__0101.0.pdf?mcid=tGE4TAMA Attorneys for the Debtor: Dawn Kirby, Esq. KIRBY AISNER & CURLEY LLP 700 Post Road, Suite 237 Scarsdale, New York 10583 Tel: (914) 401-9500 About Inspiron Inc. Headquartered in New York, Inspiron, Inc. -- https://www.inspironconstruction.com/ -- is a privately held company specializing in general contracting and construction management. The Company also offers a wide array of advisory services including evaluating various project options and providing cost analyses during the pre-construction phase. Inspiron, Inc. filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 19-23534) on Aug. 26, 2019. In the petition signed by Alen Gershkovich, president, the Debtor was estimated to have $1 million to $10 million in assets and $500,000 to $1 million in liabilities. The case is assigned to Judge Robert D. Drain. Dawn Kirby, Esq., at Kirby Aisner & Curley, LLP, is the Debtor's counsel. INVERNESS TWO: Dec. 30 Hearing on 100% Plan Set ----------------------------------------------- On Nov. 19, 2020, Inverness Two Inc. filed its chapter 11 plan of liquidation. The Plan provides for the payment in full of all classes of claims and all unclassified obligations, including administrative expenses and taxes. Accordingly, all classes are presumed to accept the Plan and no parties are entitled to vote on the Plan. The Court will conduct a hearing on confirmation of the Plan on Dec. 30, 2020 at 10:30 a.m. CT. Objections to confirmation are due Dec. 28. The judge denied a request by the Debtor to reduce the 28-day notice required by Bankruptcy RUle 2002(b). A copy of the Plan is available at: https://www.pacermonitor.com/view/NCTAC7I/Inverness_Two_Inc__txsbke-20-32836__0067.0.pdf About Inverness Two Inverness Two Inc., a Texas nonprofit corporation and a Single Asset Real Estate (as defined in 11 U.S.C. Section 101(51B)), filed a Chapter 11 petition (Bankr. S.D. Tex. Case No. 20-32836) on May 29, 2020. The petition was signed by Alexander Krakovsky, its president. At the time of the filing, the Debtor disclosed estimated assets of $1 million to $10 million and estimated liabilities of $500,000 to $1 million. Judge Jeffrey P. Norman oversees the case. Porter Hedges LLP is the Debtor's bankruptcy counsel. J.C. PENNEY: Could Head to Another Chapter 11 --------------------------------------------- Douglas A. McIntyre of 24/7 Wall St reports that J.C. Penney could face another bankruptcy. The restructuring of failed retailer J.C. Penney is over, for now. Heading out of Chapter 11, and into the holidays, it remains among the most damaged retail brands in America. As store foot traffic across the entire brick-and-mortar industry declines, while e-commerce surges, many shoppers who abandoned J.C. Penney may never return. J.C. Penney is on route to another Chapter 11, unless holiday sales are strong and sales remain strong into 2021. Sensormatic Solutions, part of Johnson Controls, has released data on Black Friday store activity. "Findings indicate that shopper visits resulted in a 52.1% decline in traffic on Black Friday, November 27, compared to 2019." The figure was a drop from the November 22 to November 27, 2020 period, when traffic fell 45.2%. It is highly unlikely any of America’s larger department store chains dodged the trend. J.C. Penney was in freefall the last time it reported earnings. Revenue dropped to $1.46 billion in the period that ended August 1, 2020, compared to $2.62 billion in the same period the year before. The company lost $398 million, compared with $48 million. J.C. Penney did not release comparable-store data, but in its last full year reported they had dropped 7.7%, on top of 3.1% in 2018. J.C. Penney's new owners have chopped the number of stores, likely on the theory that eliminating underperforming locations will save money. In effect, it also lowers the retailer's national footprint in a crowded field. More Americans will not be near a J.C. Penney location as it cuts its store total to about 700. By way of contrast, Walmart has 4,756 stores in the United States. Mark Cohen, director of retail studies at Columbia University, had an excellent forecast of J.C. Penney's prospects. He told CNBC, "They're not going to have a great Christmas. They're going to have a less grim Christmas, but it's nothing more than an extended going out of business sale." Among the largest threats to recovery is the tremendous surge of COVID-19. If the first wave showed anything about the brick-and-mortar industry, it is that government-mandated shutdowns are a brutal challenge to revenue. About J.C. Penney Co. Inc. J.C. Penney Company, Inc. -- http://www.jcpenney.com/-- is an apparel and home retailer, offering merchandise from an extensive portfolio of private, exclusive, and national brands at over 850 stores and online. It sells clothing for women, men, juniors, kids, and babies. On May 15, 2020, J.C. Penney announced that it has entered into a restructuring support agreement with lenders holding 70% of its first lien debt. The RSA contemplates agreed-upon terms for a pre-arranged financial restructuring plan that is expected to reduce several billion dollars of indebtedness. To implement the plan, J.C. Penney and its affiliates on May 15, 2020, filed voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 20-20182). At the time of the filing, J.C. Penney disclosed assets of between $1 billion and $10 billion and liabilities of the same range. Judge David R. Jones oversees the cases. The Debtors have tapped Kirkland & Ellis and Jackson Walker, LLP as legal counsel; Katten Muchin Rosenman, LLP as special counsel; Lazard Freres & Co. LLC as investment banker; AlixPartners, LLP as restructuring advisor; and KPMG, LLP as tax consultant. Prime Clerk is the claims agent, maintaining the page http://cases.primeclerk.com/JCPenney A committee of unsecured creditors has been appointed in Debtors' Chapter 11 cases. The committee is represented by Cole Schotz, P.C., and Cooley, LLP. J.J.W. METAL: Seeks Approval to Hire Charles A. Cuprill as Counsel ------------------------------------------------------------------ J.J.W. Metal Corp. seeks approval from the U.S. Bankruptcy Court for the District of Puerto Rico to employ Charles A. Cuprill, P.S.C., Law Offices to handle its Chapter 11 case. The Debtor desires to retain the firm on the basis of a $15,000 retainer. The Debtor will compensate Charles Cuprill-Hernandez, Esq., the firm's attorney who will be handling the case, at his hourly rate of $350, plus expenses. Paralegals will be paid at $85 per hour. Mr. Cuprill-Hernandez disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Charles A. Cuprill-Hernandez, Esq. Charles A. Cuprill, P.S.C., Law Offices 356 Fortaleza Street, Second Floor San Juan, PR 00901 Telephone: (787) 977-0515 Facsimile: (787) 977-0518 Email: ccuprill@cuprill.com About J.J.W. Metal Corp. J.J.W. Metal Corp. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 20-04536) on Nov. 23, 2020. The petition was signed by Jorge Rodriguez Quinones, president. At the time of filing, the Debtor disclosed total assets of $1,649,341 and total liabilities of $1,750,865. The Debtor tapped Charles A. Cuprill, P.S.C., Law Offices, as counsel and Luis R. Carrasquillo & Co. P.S.C. as financial consultant. J.J.W. METAL: Taps Luis R. Carrasquillo as Financial Consultant --------------------------------------------------------------- J.J.W. Metal Corp. seeks approval from the U.S. Bankruptcy Court for the District of Puerto Rico to employ Luis R. Carrasquillo & Co. P.S.C. as financial consultant. The Debtor needs the assistance of the firm in the financial restructuring of its affairs by providing advice in strategic planning, participating in negotiations with its creditors and preparing its plan of reorganization, disclosure statement and business plan. The Debtor will retain the firm on the basis of a $6,000 retainer. The firm's standard hourly rates are: Luis R. Carrasquillo, Partner $175 Marcelo Gutierrez, Senior CPA $125 Arnaldo Morales Rivera, Senior Accountant $100 Carmen Callejas Echevarria, Senior Accountant $90 Zoraida Delgado Diaz, Junior Accountant $60 Edna Paola Torres, Junior Accountant $45 Rosalie Hernandez Burgos, Administrative and Support $35 Iris L. Franqui, Administrative and Support $35 Luis Carrasquillo Ruiz, CPA, a principal at Luis R. Carrasquillo & Co., disclosed in court filings that the firm is a "disinterested person" as that term is defined in section 101(14) of the Bankruptcy Code. The firm can be reached through: Luis R. Carrasquillo Ruiz Luis R. Carrasquillo & Co. P.S.C. 28th Street, #TI-26 Turabo Gardens Avenue Caguas, PR 00725 Telephone: (787) 746-4555 Facsimile: (787) 746-4564 Email: luis@cpacarrasquillo.com About J.J.W. Metal Corp. J.J.W. Metal Corp. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 20-04536) on November 23, 2020. The petition was signed by Jorge Rodriguez Quinones, president. At the time of filing, the Debtor disclosed total assets of $1,649,341 and total liabilities of $1,750,865. The Debtor tapped Charles A. Cuprill, P.S.C., Law Offices, as counsel and Luis R. Carrasquillo & Co. P.S.C. as financial consultant. JAMES C. MORRISON: Hires DMG Consulting as Accountant ----------------------------------------------------- James C. Morrison, Jr., DMD, PA, seeks authority from the U.S. Bankruptcy Court for the Southern District of Texas to employ DMG Consulting, as accountant to the Debtor. James C. Morrison requires DMG Consulting to: -- gather and assimilate financial information for the Debtor to prepare and file its tax returns, MORs and other financial reports; -- assist in the preparation of financial reports and information for MORs; ane -- assist with QuickBooks recording of results of operations and preparing budgets and cash flow analysis necessary for the Debtor's Plan and Disclosure Statement and other financial projections. DMG Consulting will be paid at the hourly rate of $100. DMG Consulting will also be reimbursed for reasonable out-of-pocket expenses incurred. D. Michael Gaither, partner of DMG Consulting, 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. DMG Consulting can be reached at: D. Michael Gaither DMG CONSULTING 6 Crestwood Drive West Orange, NJ 07052 Tel: (973) 325-2954 Fax: (973) 325-2071 About James C. Morrison, Jr., DMD Houston-based James C. Morrison, Jr., D.M.D., P.A., is a privately held company that provides dental services. James C. Morrison, Jr., D.M.D., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 20-35222) on Nov. 1, 2020. The petition was signed by James C. Morrison, Jr., DMD, president. At the time of the filing, the Debtor had total assets of $365,557 and total liabilities of $1,187,621. Coplen & Banks, P.C., is the Debtor's legal counsel. JIMLYN ENTERPRISES: Unsecureds to Recover 25% in 4 Years -------------------------------------------------------- Jimlyn Enterprises, Inc., filed with the U.S. Bankruptcy Court for the Western District of New York a Plan of Reorganization and a Disclosure Statement on October 13, 2020. General unsecured creditors are classified in Class 3 and will receive a distribution of 25% of their allowed claims to be distributed four annual payments of 6.25%. Mark Andrea and Matthew Reis shall retain their equity interests. The Plan will be implemented through the anticipated future revenues of the operations of the reorganized Debtor. A full-text copy of the disclosure statement dated October 13, 2020, is available at https://tinyurl.com/yy38yewd from PacerMonitor.com at no charge. About Jimlyn Enterprises Jimlyn Enterprises, Inc., filed a Chapter 11 bankruptcy petition (Bankr. W.D.N.Y. Case No. 19-20309) on April 4, 2019, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Raymond C. Stilwell, Esq., at the Law Offices Of Raymond C. Stilwell. JOCELYNE WILDENSTEIN: Plan Admin Selling New York Condo Unit 51D ---------------------------------------------------------------- Gary F. Herbst, the Plan Administrator of the estate of Jocelyne Wildenstein, asks the U.S. Bankruptcy Court for the Southern District of New York to authorize the sale of the real property located at Trump World Tower, 845 United Nations Plaza, Unit 51D, New York, New York, "as is, where is," free and clear of all liens, claims and encumbrances, to Xiaohui Tang for $1.98 million. 845 1st Avenue A, LLC's Creditor's Revised Second Amended Plan of Reorganization and the Confirmation Order each contemplate the Plan Administrator's Sale of the Unit. In furtherance of the Plan and the Confirmation Order, on March 3, 2020, Gary F. Herbst was appointed as the Plan Administrator and the Plan Administration Agreement was approved. The Plan Administration Agreement also authorizes the Plan Administrator to sell the Unit, title to which is in the name of the Jocelyne Trust, as a single unit or together with two other adjoining units. By Stipulation, so ordered by the Court on June 25, 2020, the Trust and the Plan Administrator agreed upon certain terms and conditions relating to the Sale of the Unit. In accordance with the Plan Administration Agreement, the Plan Administrator employed Warburg Realty Partnership, Ltd and Maltz Auctions as co-brokers, and entered into a brokerage commission agreement pursuant to which Warburg and Maltz will each earn a commission of 2.5%. After extensive marketing efforts, several offers were made to the Plan Administrator and the Trust for the purchase of the Unit. The purchase price offered by the Purchaser for Unit 51D, in the amount of $1.98 million, is the highest and best offer for the Unit. The Plan Administrator asks to sell the Unit to the Purchaser pursuant to the contract of Sale. Upon information and belief, there are no mortgage liens against the Unit, and taxes and common charges are owed in the approximate aggregate amount of $400,000. A title search has been obtained by the Purchaser and reviewed by the parties. The Purchase Price exceeds the aggregate value of the claims that are secured by liens recorded against the Unit. The Plan Administrator asks Court approval of the Contract. The significant terms of the Contract are: a. Purchase Price: $1.98 million; b. Payment: $198,000 as down payment, which has been delivered to the Plan Administrator. The remainder of the purchase price will be paid at closing in readily available funds; c. Court Approval: The Sale of the Property is subject to Court approval and entry of an Order approving the Sale; d. Closing: The Closing is scheduled to take place on Nov. 15, 2020. Subject to Court approval, the Plan Administrator seeks authority to distribute the Sale proceeds at Closing as follows: to pay at Closing such costs as are necessary, appropriate, and customary to consummate the Sale of the Property to Purchaser, including: (a) any valid lien and obligation to be satisfied in full, and any open real estate taxes, and common charges, subject to usual adjustments made at closing; (b) the fees and expenses of the Plan Administrator, including counsel fees, in the sum of not less than $35,166, as of Nov. 5, 2020 (and continuing to accrue); (c) customary title company and/or closing costs; (d) the Commissions, in the total amount of 5%; (e) the sum of $20,000 to the Debtor's estate; and (f) the balance to the Trust. The proposed Sale of the Property and distribution of Sale proceeds as provided for will result in an infusion of funds for the implementation of the Plan, including a distribution to creditors. Consistent with the Sale Stipulation, the net proceeds of the Unit (representing gross Sale proceeds of the Unit after the Distributions) will be paid to Togut, Segal & Segal LLP, as attorneys for the Trust not later than 30 days after the closing of the Sale of the Unit. Based upon the foregoing, the Plan Administrator submits that the relief sought is in the best interests of the Debtor's estate and creditors, and should be approved. Finally, the Plan Administrator asks a waiver of the 14-day stay requirement of Rule 6004 as being in the best interests of the Debtor's estate and creditors by virtue of the fact that the Plan Administrator and the Purchaser seek to close immediately on the transaction. The sooner the closing occurs, the earlier the Debtor's estate will realize the funds from the transaction. A copy of the Contract is available at https://tinyurl.com/yyjcb463 from PacerMonitor.com free of charge. Jocelyne Wildenstein sought Chapter 11 protection (Bankr. S.D.N.Y. Case No. 18-11388) on May 4, 2018. The Debtor tapped Douglas J. Pick, Esq., at Pick & Zabicki LLP as counsel. On Sept. 5, 201, the Court confiremd 845 1st Avenue A, LLC's Creditor's Revised Second Amended Plan of Reorganization. On March 3, 2020, the Court appointed Gary F. Herbst as Plan Administrator. KC & KAJI: SubChapter V Plan Confirmed by Judge ----------------------------------------------- KC & Kaji, LLC won confirmation of its Amended Chapter 11 Small Business SubChapter V Plan of Reorganization. According ot the Plan, the Debtor has been allowed to reopen the restaurant and has a solid business core and can continue operations while repaying its current debts to the creditors. It is anticipated that after confirmation, the Debtor will continue in business. Based upon the projections, the Debtor believes it can service the debt to the creditors. Class 4 Claimants (Allowed Secured Claim of Renew Funding, LLC) is impaired and shall be satisfied as follows: On or about February 20, 2019, the Debtor executed that certain Promissory Note with Renew Funding, LLC in the original principal amount of $1,820,000. The Debtor shall pay Renew's Allowed Secured Claim in 180 equal monthly installments with interest at the fixed rate of Prime4 plus 20/05 commencing on the Effective Date. The Debtor will make 59 equal monthly payments and one payment on the 60th month of all outstanding principal and interest. Class 5 (Allowed Unsecured Creditors) are impaired and shall be satisfied as follows: All allowed unsecured creditors shall be paid as follows: The Debtor enter into that certain Order Authorizing Debtor to Assume Fuel Supply Contract with Sunoco, LLC on June 15, 2020. The unsecured creditors of Debtor shall be paid in accordance with the terms of the Order. Debtor anticipates the continued operations of the business to fund the Plan. A full-text copy of the Amended Chapter 11 Small Business SubChapter V Plan dated September 28, 2020, is available at https://www.pacermonitor.com/view/C44UCVA/KC__KAJI_LLC__txebke-20-40937__0061.0.pdf?mcid=tGE4TAMA A copy of the Plan Confirmation ORder entered Oct. 1, 2020, is available at: https://www.pacermonitor.com/view/Y3TGSXI/KC__KAJI_LLC__txebke-20-40937__0064.0.pdf?mcid=tGE4TAMA The Debtor's attorney: Eric A. Liepins ERIC A. LIEPINS, P.C. 12770 Coit Road Suite 1100 Dallas, Texas 75251 Ph. (972) 991-5591 Fax (972) 991-5788 About KC & Kaji KC & Kaji, LLC, is a Caddo Mills, Texas-based domestic limited liability company, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Tex. Case No. 20-40937) on April 6, 2020. The petition was signed by Gaurab Gasnet, its managing member. 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. Hon. Brenda T. Rhoades oversees the case. The Debtor hired Eric A. Liepins and the law firm of Eric A. Liepins, P.C. as its counsel. KEYSTONE AUTOMATION: Hires Rainey & Rainey as Accountant -------------------------------------------------------- Keystone Automation, Inc., seeks authority from the U.S. Bankruptcy Court for the Middle District of Pennsylvania to employ Rainey & Rainey, CPA's, as accountant to the Debtor. Keystone Automation requires Rainey & Rainey to: (a) prepare Federal and State Tax Returns; (b) assist the Debtor in preparing financial statements as required; (c) assist the Debtor in preparing internal and external reports as necessary in connection with bidding and maintaining contracts; and (d) handle any and all other accounting and tax related problems, which may arise during the course of the administration of the estate. Rainey & Rainey will be paid at these hourly rates: Partners $150 Staffs $75 to $100 The Debtor paid Rainey the sum of $1,450 on September 3, 2020. Rainey & Rainey will also be reimbursed for reasonable out-of-pocket expenses incurred. Thomas P. Rainey, partner of Rainey & Rainey, CPA's, 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. Rainey & Rainey can be reached at: Thomas P. Rainey RAINEY & RAINEY, CPA'S 3 W Olive St. Suite 205 Scranton, PA 18508 Tel: (570) 343-9867 About Keystone Automation Keystone Automation, Inc. -- http://www.keystoneautomation.net/-- is a privately-held company that focuses on turnkey machinery design and fabrication. Its services include electrical programming, machining, sheet metal welding, embedded systems design for factory automation, electrical panel fabrication, machinery assembly and rebuilding, and electronics design services. Keystone Automation was founded in 1999 by Mike Duffy and operates out of a 21,000-square-foot engineering and production facility in Duryea, Pennsylvania. Keystone Automation sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Pa. Case No. 18-02000) on May 12, 2018. In the petition signed by Michael Duffy, president, the Debtor disclosed $1.82 million in assets and $1.51 million in liabilities. KIDS WONDERLAND: Seeks Approval to Hire Special Counsel ------------------------------------------------------- Kids Wonderland Academy, LLC seeks authority from the U.S. Bankruptcy Court for the District of Massachusetts to hire Valentin Gurvits, Esq., of Boston Law Group, LLP as its special counsel. The Debtor requires legal assistance in its lawsuit against Tech 9 RE LLC before the Norfolk Superior Court. The attorney will charge $350 per hour for his services. Mr. Gurvits disclosed in court filings that he and other members of Boston Law Group neither hold nor represent any interest adverse to the Debtor's estate and are "disinterested" as that term is defined in Section 101(14) of the Bankruptcy Code. Mr. Gurvits can be reached at: Valentin D. Gurvits, Esq. Boston Law Group, LLP 825 Beacon Street, Suite 20 Newton Centre, MA 02459 Phone: 617 426 6804 About Kids Wonderland Academy LLC Kids Wonderland Academy, LLC sought protection for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Case No. 20-12182) on Nov. 4, 2020, listing under $1 million in both assets and liabilities. The Law Office of Vladimir von Timroth serves as the Debtor's legal counsel. KOLOBOTOS PROPERTIES: Seeks to Hire Joyce W. Lindauer as Counsel ---------------------------------------------------------------- Kolobotos Properties LLC seeks approval from the U.S. Bankruptcy Court for the Eastern District of Texas to employ Joyce W. Lindauer Attorney, PLLC as counsel. The Debtor requires legal assistance to effectuate a reorganization, file a bankruptcy plan and effectively move forward in its Chapter 11 proceeding. The hourly billing rates of the firm's attorneys and paraprofessionals are: Joyce W. Lindauer $395 Kerry S. Alleyne $250 Guy H. Holman $205 Dian Gwinnup $125 Paralegals and legal assistants $65 - $125 The Debtor has agreed to reimburse the firm for out-of-pocket expenses incurred. The firm received a retainer of $2,217, which included the filing fee of $1,717. Joyce Lindauer, Esq., the owner of the law practice Joyce W. Lindauer Attorney, disclosed in court filings that her firm is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Joyce W. Lindauer, Esq. Kerry S. Alleyne, Esq. Guy H. Holman, Esq. Joyce W. Lindauer Attorney, PLLC 1412 Main Street, Suite 500 Dallas, TX 75202 Telephone: (972) 503-4033 Facsimile: (972) 503-4034 Email: joyce@joycelindauer.com About Kolobotos Properties Kolobotos Properties LLC filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bank. E.D. Texas Case No. 20-42234) on Nov. 2, 2020. At the time of the filing, the Debtor had estimated assets of between $500,001 and $1 million and liabilities of between $100,001 and $500,000. The Debtor is represented by Joyce W. Lindauer Attorney, PLLC. KRISTAL C. OWENS: Merlina Buying Pittsburgh Property for $225K -------------------------------------------------------------- Kristal C. Owens asks the U.S. Bankruptcy Court for the Western District of Pennsylvania to authorize the sale of the real property located at 6564 Frankstown Avenue, Pittsburgh, Pennsylvania to Regis Merlina for $225,000, subject to overbid. The Real Property is a mixed-use commercial building. It consists of one retail shop, two separate garages and two apartments upstairs. The Debtor has determined it would be in her best interest to liquidate the property and pay the claims off from the proceeds of any sale. The sale was contemplated in the Confirmed Chapter 11 Plan of Reorganization dated May 14, 2020. Real Estate Broker Mike Podolinsky listed the property for sale and received four offers to purchase the Real Property. Among the assets of the estate is the Debtor's interest in the Real Property. The lien creditor, named as Respondents, is: A mortgage in favor of Silver Hill Financial, LLC dated Nov. 23, 2005, and which was recorded on Dec. 28, 2005 at Mortgage Book Volume 31288 Page 454, in the Recorder's Office of Allegheny County in the face amount of $105,000, later assigned to Bayview Loan Servicing, LLC, now known as Community Loan Servicing, LLC, whose assignment was recorded on June 1, 2007 at Mortgage Book Volume 33915 Page 351. The creditor holds the first mortgage on the property. It creditor filed Proof of Claim #14 which asserted a secured claim in the amount of $169,404. The following are government and or municipal entities that may have an interest in the sale and are also named as Respondents: (i) the County of Allegheny; and (ii) the City & School District of Pittsburgh. Mike Podolinsky listed the property for sale and received four offers to purchase the Real Property. The Debtor has agreed to sell the Real Property to the Buyer for the purchase price of $225,000 on the terms of their contract. The sale is a cash offer and not subject to financing contingency. A minimum overbid of 10% of the purchase price would make the next highest bid $209,000. The Buyer paid a good faith earnest money deposit of $5,000. The Sale of the Real Property will be a sale in "as is, where is" condition, without representations or warranties of any kind whatsoever, and the participation of any bidder in the Sale process will constitute an agreement and representation that the bidder has inspected the Real Property and is purchasing the Real Property solely on the basis of such inspections, and not as a result of any representation. The Estate will accept higher and better offers at the time of sale. Any bidder will post a deposit of 10% of the purchase price, $225,000, in certified funds and will be able to close the sale within 30 days of the Order being entered. Any bidder must execute a sale offer in the minimum amount of $225,000 and present it with a proof of funds to Counsel for the Debtor no later than seven days before the hearing. Within 10 days of the execution of the Agreement by all parties, the Buyer will deliver to Calaiaro Valencik a check in the amount of $5,000 to be held in escrow. The remaining balance of the Purchase Price will be payable in full at Closing. In order to provide for a more formal process by which third parties are given a full and fair opportunity to bid on the Debtor's Real Property and by which the Debtor can ensure that the value of the Real Property are maximized, the Debtor is proposing the instant sale process pursuant to section 363 of the Bankruptcy Code as an alternative to the Plan. The Seller and the Buyer will split the real property transfer taxes, if any. The parties will prorate the current taxes to the date of closing. The Seller will pay all costs associated with the transfer of the assets as defined in the Real Estate Purchase Agreement. The Debtor asks the Court to authorize the settlement officer to pay the following: (i) all applicable real estate taxes and ordinary closing costs, municipal lien claims; (ii) the realty transfer tax will not be assessed or paid if the Debtor's Chapter 11 Plan is confirmed prior to closing; (iii) all normal and ordinary settlement charges; (iv) the real estate commission to Mike Podolinsky, the approved broker for the transaction; (v) $3,000 to Calaiaro Valencik, P.C. towards legal fees plus reimbursement for all costs of mailing, copying, and advertising; (vi) any outstanding balance to Community Loan Servicing, LLC; and (vii) any remaining escrow balance will be sent to Calaiaro Valencik, P.C. to be used towards plan payments. The sale is in the best interest of all parties since it will help the Debtor fund the Confirmed Chapter 11 Reorganization Plan. The Debtor anticipates that the Closing Date on the Real Property will occur no later than 60 days after the Court's Approval of Sale Order. Within 14 days of the closing, the Debtor will file a Report of Sale. The Debtor will serve a copy of the notice of sale on all creditors. Finally, the Debtor asks to waive the stay provided in Rules 6004(h) and 6006(d) of the Federal Rules of Bankruptcy Procedure and asks authorization to close the sale of the Real Property immediately upon entry of the Sale Order. Kristal C. Owens sought Chapter 11 protection (Bankr. W.D. Pa. Case No. 19-24274) on Oct. 31, 2019. The Debtor tapped David Z. Valencik, Esq., at Calaiaro Valencik as counsel. The Court confirmed the Debtor's Chapter 11 Plan of Reorganization dated May 14, 2020. On May 6, 2020, the Court appointed Mike Podolinsky as Real Estate Broker. LAMIL DIESEL: Amended Plan of Reorganization Confirmed by Judge --------------------------------------------------------------- Judge Stacey G.C. Jernigan of the U.S. Bankruptcy Court for the Northern District of Texas, Dallas Division, has entered an order confirming the Amended Plan of Reorganization of Debtor Lamil Diesel Services, LLC. The Amended Plan complies with the applicable provisions of Title 11, and the Debtor, as the plan proponent, has complied with the applicable provisions of Title 11. The Plan has been proposed in good faith and not by any means forbidden by law. The requisite number of impaired classes of claims or interests voting have voted to accept the Plan. All payments made or promised to be made by the Debtor or any other person for services or for costs and expenses in, or in connection with, the Plan, and incident to the case, have been disclosed to the Court and are reasonable or, if to be fixed after Confirmation of the Plan, will be subject to the approval of the Court. A full-text copy of the order dated November 19, 2020, is available at https://tinyurl.com/y5umtwke from PacerMonitor.com at no charge. About Lamil Diesel Services Lamil Diesel Services, LLC, filed a Chapter 11 bankruptcy petition (Bankr. N.D. Tex. Case No. 20-31364) on May 5, 2020, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Eric A. Liepins, Esq., at Eric A. Liepins, P.C. LAMIL DIESEL: Unsecured Creditors to Recover 50% Under Plan ----------------------------------------------------------- Lamil Diesel Services, LLC, filed with the U.S. Bankruptcy Court for the Northern District of Texas, Dallas Division, a Disclosure Statement for Plan of Reorganization on October 1, 2020. Class 7 consists of all Allowed Unsecured Claims and are impaired in Plan. The Allowed Claims of Unsecured Creditors which shall specifically include all claims of On Deck Capital, Porter Billing Services, Commodore, Great American and Marlin Capital Solutions. The Unsecured Creditors will share pro-rata in the Unsecured Creditor's Pool. The Debtor shall pay $2,000 per month for a period of up 60 months into the Unsecured Creditors Pool. The Unsecured Creditors shall be paid quarterly on the last day of each calender quarter. Payments to the Unsecured Creditors will commence on the last day of the first full calender quarter after the Effective Date. Based upon the Debtor's Schedules that Class 7 Claims will be receive approximately 50% on their claims. The current shareholders will receive no payments under the Plan, and the current interest holder shall retain his existing interests. Upon Confirmation of the Debtor's Plan, Keith Miller will remain president of the Debtor. Mr. Miller with receive a salary of $350 per week. Debtor anticipates using the on-going business income of the Debtor to fund the Plan. All payments under the Plan shall be made through the Disbursing Agent. A full-text copy of the Disclosure Statement dated October 1, 2020, is available at https://tinyurl.com/y3gpp3xw from PacerMonitor.com at no charge. Attorneys for the Debtor: Eric A. Liepins ERIC A. LIEPINS, P.C. 12770 Coit Road Suite 1100 Dallas, Texas 75251 Tel: (972) 991-5591 Fax: (972) 991-5788 About Lamil Diesel Services Lamil Diesel Services, LLC, filed a Chapter 11 bankruptcy petition (Bankr. N.D. Tex. Case No. 20-31364) on May 5, 2020, disclosing under $1 million in both assets and liabilities. The Debtor is represented by Eric A. Liepins, Esq., at Eric A. Liepins, P.C. LAURYN HOPE: Seeks to Hire Campbell Business as Accountant ---------------------------------------------------------- Lauryn Hope Enterprises, Inc. seeks approval from the U.S. Bankruptcy Court for the Middle District of Louisiana to hire Campbell Business Solution, LLC as its accountant. The firm will provide the Debtor with accounting and bookkeeping services in connection with the Chapter 11 case. Campbell Business will be paid an hourly fee of $60 for Kennon Campbell, the firm's manager and sole member, and $60 for staff. Mr. Campbell disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Kennon Campbell, CPA Campbell Business Solution, LLC 8638 Glenfield Drive Baton Rouge, LA 70809 Telephone: (225) 715-5678 Email: kennon@cbs-la.com About Lauryn Hope Enterprises Lauryn Hope Enterprises, Inc. owns and operates a full-service catering business with principal place of business in Prairieville, La. Lauryn Hope Enterprises sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. La. Case No. 20-10740) on October 30, 2020. The petition was signed by Morgan Belello, the company's president. At the time of the filing, Debtor had estimated assets of between $100,001 and $500,000 and liabilities of less than $50,000. Sternberg, Naccari & White, LLC is Debtor's legal counsel. LET'S GO AERO: Seeks to Tap Wadsworth Garber as Counsel ------------------------------------------------------- Let's Go Aero, Inc. seeks approval from the U.S. Bankruptcy Court for the District of Colorado to employ Wadsworth Garber Warner Conrardy, P.C. as counsel. Wadsworth Garber will perform these legal services: (a) Preparation of legal papers required in the Debtor's Chapter 11 proceeding; (b) Performance of all necessary legal services for the Debtor; and (c) Representation of the Debtor in any litigation which it determines is in the best interest of the estate whether in state or federal courts. The hourly rates of Wadsworth Garber's professionals are: David V. Wadsworth $435 Aaron A. Garber $400 David J. Warner $325 Aaron J. Conrardy $325 Lindsay S. Riley $235 Karen E. Lusis $235 Paralegals $115 Wadsworth Garber received a retainer prior to the filing of the bankruptcy case in the amount of $30,000 from the Debtor. Prior to the petition date, Wadsworth Garber billed the Debtor $5,424 in attorneys' fees and costs, and $1,717 for the Chapter 11 filing fee. The firm was paid in full through the filing from the amounts deposited by the Debtor. Wadsworth Garber is holding a retainer in the amount of $22,859 as of the petition date. Lindsay Riley, Esq., at Wadsworth Garber, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code and does not hold nor represent any interest adverse to the Debtor with respect to the matters upon it is to be engaged. The firm can be reached through: David V. Wadsworth, Esq. Lindsay S. Riley, Esq. Wadsworth Garber Warner Conrardy, P.C. 2580 West Main Street, Suite 200 Littleton, CO 80120 Telephone: (303) 296-1999 Facsimile: (303) 296-7600 Email: dwadsworth@wgwc-law.com lriley@wgwc-law.com About Let's Go Aero Let's Go Aero, Inc. is a Colorado outdoor lifestyle products company for gear transport, storage, and recreation. It offers cargo carriers, trailers, camping trailers, bicycle carriers, silent towing, shelters and accessories. Visit https://letsgoaero.com for more information. Let's Go Aero filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No. 20-17582) on Nov. 23, 2020. The petition was signed by Marty L. Williams, president. At the time of filing, the Debtor disclosed total assets of $1,865,072 and total liabilities of $4,458,199. The Hon. Michael E. Romero is the case judge. The Debtor is represented by Wadsworth Garber Warner Conrardy, P.C. LITTLE FEET: Hancock Objection Overruled; Plan Confirmed -------------------------------------------------------- Little Feet Learning Center, LLC, has won confirmation of its Plan o An objection to confirmation was timely filed by the holder of Class 5 Claims, Hancock Whitney Bank. Judge Katharine M. Samson entered an order overruling the objection. The Confirmation Objection is resolved by amending Sections9.1and 16.2 of the Plan to provide as follows: 9.1 Treatment: Pursuant to the Court's Interim Order Granting Adequate Protection and except to the extent that Hancock Whitney Bank agrees to different treatment for favorable to the Debtor, the Allowed Secured Claim of Hancock Whitney Bank in the principal amount of $210,309.62 shall be amortized over 144 months at the rate of 7.50% per annum, which payments shall begin on the 30th day after the Effective Date, with interest paid in arrears, and continue on the same day of each month thereafter until paid in full. Hancock Whitney Bank may file a fee application with the Court within 30 days of entry of the Effective Date and to the extent such fees and/or costs are allowed by the Court after notice and opportunity for a hearing pursuant to the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, such fees shall be added to the principal balance and amortized as described above. In the event Hancock Whitney Bank does not file a Fee Application within 30 days of the Effective Date, it shall not be entitled to any attorneys' fees and/or costs. As soon as practical after the Effective Date, Cynthia and Richard Atwood shall assign their leasehold interest in 5100 Jim Ramsey Rd., Vancleave, Mississippi to the Debtor, subject to the approval of the Jackson County School Board and payment of appropriate transfer fees. The Debtor shall also pay Hancock Whitney Bank for post-petition interest in the amount of $8,783.36, which shall be paid in 48 monthly installments of $182.99 beginning on the Effective Date and continuing on the first day of each month thereafter. After a determination of the exact amounts due Hancock Whitney and the transfer of the leasehold interest, the Debtor shall execute promissory note(s) and deed of trust in favor of Hancock Whitney Bank reflecting the terms above within a reasonable time after request by Hancock Whitney Bank. 16.2 Curing Default: The Debtor will have 30 days from the receipt of the written notice in which to cure an alleged default. The notice will be delivered by United States Postal Service, certified mail, postage prepaid, return receipt requested,addressed to counsel for the Debtor,W.Jarrett Little and/or William J. Little, Jr., Lentz & Little, PA, 2505 14th Street, Suite 500, Gulfport, Mississippi 39501 with a copy sent by electronic mail addressed to jarrett@lentzlittle.comand/orbill@lentzlittle.com. If the default is not cured within 30 days of the date of such notice, any creditor may resort to any rights available to it under its loan documents with the Debtor or under any state or federal law. Class 4, Jackson County Chancery Clerk, voted to accept the Plan. A copy of the Plan Confirmation Order is available at: https://www.pacermonitor.com/view/H4WEGJQ/Little_Feet_Learning_Center_LLC__mssbke-19-52507__0150.0.pdf Hancock Objection The objections to the Disclosure Statement include that it (1) fails to contain adequate information; (2) provides no information regarding reasons for and amount of increase in enrollment at Debtor's daycare in 2019 for creditors to evaluate feasibility; (3) states that Hancock Whitney initiated foreclosure for failure to pay taxes, but the foreclosure resulted from the loan having matured; (4) provides no information on a $127,906.06 shareholder loan referenced as an asset or whether Debtor expects the loan to be paid; (5) calculates monthly disposable income using chapter 13 statute; (6) provides no historical or current financial information to enable creditors to assess whether enrollment has increased or decreased historically and postpetition, bearing on feasibility; (7) does not provide information on salaries; (8) does not address what Debtor proposes if the lease transfer is not approved by the school district. Hancock Whitney objects that the Plan: (1) violates 11 U.S.C. Sec. 1129(a)(5) and does not disclose information required; (2) violates Sec. 1129(a)(7) and does not provide contractual interest rate, legal fees, and expenses despite Debtor's admission that bank is oversecured; (3) violates Sec. 1129(a)(11) as not feasible; (4) violates Sec. 1129(b) by stretching out for 144 months payment on a fully matured loan already renewed multiple times over many years and violates the absolute priority rule; and (5) contains an inappropriate provision shifting the burden and costs to creditors to provide notice to Debtor of default and to file a motion to compel Debtor's compliance. Although the adequacy of Little Feet's capital recently declined during the pandemic, Debtor presented viable evidence of an improving outlook for the business, particularly since children are starting back to school. Atwood testified that the daycare is the largest in her area and that a hardship would be created in her town if the business ceased. Atwood has over twenty years' experience managing and operating the business and will continue as director under the reorganization. Atwood testified that based on current and historical performance, the company would be able to make the Plan payments. The company's projections are based on actual performance and not speculation or conjecture. Although the budget may be tight once the proposed Plan payments begin, the Court finds that Little Feet has met the feasibility test. Under the Plan, Hancock Whitney retains its lien and receives deferred cash payments amortized over 144 months in the amount of $1,998.30 per month. Hancock Whitney objects to the length of the repayment period. The Court finds that under the circumstances of this case, the period of deferred payments over twelve years is reasonable and is fair and equitable under Sec. 1129(b). The rate of interest is agreed to by the parties and the value of the property well exceeds the debt, thereby providing additional protection for and lowering the risk to Hancock Whitney. A copy of the ruling is available at: https://www.pacermonitor.com/view/B5PUH4Y/Little_Feet_Learning_Center_LLC__mssbke-19-52507__0144.0.pdf?mcid=tGE4TAMA About Little Feet Learning Center Little Feet Learning Center filed a voluntary Chapter 11 petition (Bankr. S.D. Miss. Case No. 19-52507) on Dec. 18, 2019, listing under $1 million in both assets and liabilities. Judge Katharine M. Samson oversees the case. Debtor is represented by W. Jarrett Little, Esq., and William J. Little, Jr., Esq., at Lentz & Little, PA. LUCKY STAR-DEER: Seeks to Hire Joseph A. Broderick as Accountant ---------------------------------------------------------------- Lucky Star-Deer Park, LLC seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire Joseph A. Broderick, P.C. as its accountant. The firm will prepare monthly operating statements, prepare and file all documents regarding pre and post-petition taxes, and keep the books and records of the Debtor. Joseph Broderick is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code, according to a court filing. The firm can be reached through: Joseph A. Broderick, CPA Joseph A. Broderick, P.C. 734 Walt Whitman Rd. Melville, NY 11747 Telephone: (631) 462-1779 About Lucky Star-Deer Park, LLC Lucky Star-Deer Park, LLC is a single asset real estate as defined in 11 U.S.C. Section 101(51B) based in Flushing, N.Y. Lucky Star-Deer Park sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 20-73301) on October 30, 2020. Myint J. Kyaw, the company's manager, signed the petition. At the time of the filing, Debtor had estimated assets of less than $50,000 and liabilities of between $100,001 and $500,000. Rosen & Kantrow, PLLC is Debtor's legal counsel. MAGNOLIA ASSOCIATES: Plan and Disclosures Due Dec. 2 ---------------------------------------------------- In October 2020, Judge Michael B. Kaplan entered an order ruling that the deadline for the jointly administered debtors, Azzil Granite Materials, LLC and Magnolia Associates, LLC to file a Plan and Disclosure Statement is extended from October 2, 2020 to December 2, 2020. Counsel to Debtor-in-Possession: DANIEL M. STOLZ, ESQ. WASSERMAN, JURISTA & STOLZ, P.C. 110 Allen Road, Suite 304 Basking Ridge, NJ 07920 Tel: (973) 467-2700 Fax: (973) 467-8126 The Chapter 11 cases are In re Azzil Granite Materials, LLC (Bankr. D.N.J. Case No. 19-21764) and Magnolia Associates, LLC (Bankr. D.N.J. Case No. 19-21766). About Lizza Equipment Leasing Azzil Granite Materials is a supplier of high friction granite aggregates for the New York City and Long Island market. Magnolia Associates owns a 134-acre property with quarry located in White Hall, N.Y., which is valued by the company at $15 million. Based in Hackettstown, N.J., Lizza Equipment Leasing, LLC and its affiliates, Azzil Granite Materials LLC and Magnolia Associates LLC, sought Chapter 11 protection (Bankr. D.N.J. Lead Case No. 19-21763) on June 12, 2019. In the petitions signed by Carl J. Lizza, co-managing member, Lizza Equipment Leasing disclosed $90 in assets and liabilities of $987,830; Azzil Granite Materials disclosed total assets of $813,825 and total liabilities of $23,859,263; and Magnolia Associates disclosed total assets of $15,317,480, and total liabilities of $13,137,533. Judge Michael B. Kaplan oversees the cases. Daniel M. Stolz, Esq., at Wasserman Jurista & Stolz, P.C., is the Debtors' bankruptcy counsel. Lizza Equipment won confirmation of its Liquidating Plan on Nov. 6, 2020. MANUFACTURING METHODS: Seeks to Hire Eamey & Company as Accountant ------------------------------------------------------------------ Manufacturing Methods, LLC seeks approval from the U.S. Bankruptcy Court for the Eastern District of North Carolina to hire Eamey & Company, L.L.P. as its accountant. The firm will assist the Debtor in the preparation of the Debtor's 2019 income tax returns and provide any other accounting services requested by the Debtor. Eamey & Company will be paid a flat fee of $5,000 for the preparation of tax returns and related documents. Meanwhile, the firm will be paid at its normal hourly rates for any other accounting services, which are currently as follows: $250 per hour for time spent by Charles Eamey, CPA, and $125 per hour for accounting support services provided by non-CPA personnel. In addition, Eamey & Company will receive reimbursement for work-related expenses. Eamey & Company does not hold or represent any interest adverse to the Debtor or the estate, according to a court filing. The firm can be reached through: Charles L. Eamey, CPA Eamey & Company, L.L.P. 710 Military Cutoff Rd, Suite 250 Wilmington, NC 28405 About Manufacturing Methods Based in Leland, N.C., Manufacturing Methods, LLC primarily operates in the fabricated structural metal business. Manufacturing Methods sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.C. Case No. 20-03549) on Nov. 3, 2020. The petition was signed by Hanson O. Peterson, III, manager. At the time of the filing, Debtor had total assets of $1,538,374 and liabilities of $2,566,409. Judge David M. Warren oversees the case. Butler & Butler, L.L.P. is Debtor's legal counsel. MARIANINA OIL: Hires Zarin & Steinmetz as Special Counsel --------------------------------------------------------- Marianina Oil Corp. seeks authority from the U.S. Bankruptcy Court for the Southern District of New York to employ Zarin & Steinmetz as substitute special litigation counsel in place of the Law Offices of Joseph A. Romano, P.C. Marianina Oil requires Zarin & Steinmetz to represent the Debtor in the ongoing District Court litigation (the "WPHA Action") with White Plains Housing Authority ("WPHA") as well as in the Debtor's dealings with New York State Dept. of Environmental Conservation ("NYSDEC") and the pending NYSDEC administrative proceedings that may continue in the future. Zarin & Steinmetz will be paid based upon its normal and usual hourly billing rates. Frank Codella, sole officer and shareholder of the Debtor, has agreed to personally provide Zarin & Steinmetz with a third party retainer in the amount of $15,000. Zarin & Steinmetz will also be reimbursed for reasonable out-of-pocket expenses incurred. Michael Zarin, Esq., partner of Zarin & Steinmetz, 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. Zarin & Steinmetz can be reached at: Michael Zarin, Esq. ZARIN & STEINMETZ 81 Main St. Suite 415 White Plains, NY 10601 Tel: (914) 682-7800 About Marianina Oil Corp. Marianina Oil Corp. is engaged in activities related to real estate. The company is the owner of fee simple title to a property located at 34 East Post Road, White Plains, NY 10601, valued at $1.6 million. Marianina Oil Corp. filed a Chapter 11 petition (Bankr. S.D.N.Y. Case No. 20-23070) on Sept. 23, 2020. In the petition signed by Frank Codella, president, the Debtor disclosed total assets of $1,600,000 and total liabilities of $14,215,000 as of the filing. The Hon. Robert D. Drain is the case judge. Davidoff Hutcher & Citron LLP, led by Robert L. Rattet, Esq., is the Debtor's legal counsel. MEDIA LODGE: Seeks to Hire Gellert Scali as Legal Counsel --------------------------------------------------------- Media Lodge, Inc. seeks approval from the U.S. Bankruptcy Court for the District of Delaware to hire Gellert Scali Busenkell & Brown, LLC as its legal counsel. The Debtor requires the firm to: (a) provide the Debtor with advice and prepare all necessary document; (b) take all necessary actions to protect and preserve the Debtor's estate during the pendency of the Chapter 11 case; (c) prepare legal papers on behalf of the Debtor; (d) counsel the Debtor with regard to their rights and obligations; (e) appear before the court; (f) perform all other legal services for the Debtor. The firm's attorneys and paraprofessionals will be paid at these rates: Michael Busenkell $450 per hour Ronald S. Gellert $450 per hour Associates/Of Counsel $275 - $300 per hour Paraprofessionals $105 - $210 per hour Michael Busenkell, Esq., a member at Gellert Scali, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Michael Busenkell, Esq. Gellert Scali Busenkell & Brown, LLC 1201 N. Orange Street, Suite 300 Wilmington, DE 19801 Telephone: (302) 425-5812 Facsimile: (302) 425-5814 Email: mbusenkell@gsbblaw.com About Media Lodge Media Lodge, Inc. is a content creation studio, digital distribution platform, and sales representation company dedicated to outdoor enthusiasts. The Media Lodge content studio creates exclusive online articles, product reviews and original video series such as The Good Fight, Finding Fearless, The American New Shooter Academy, American Nomads, New Gear and Guns, In The Hunt, Range Drills, At the Ranch - Whitetail, At the Range, 4Outdoors featuring Dog2DogTags, The Shooting Sports Industry Influencer Series and more. Visit http://www.medialodge.comfor more information. Media Lodge sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case No. 20-12969) on November 10, 2020. The petition was signed by Jeff Siegel, company's CEO and president. At the time of the filing, Debtor had estimated assets of between $100,000 and $500,000 and liabilities of between $10 million and $50 million. Judge John T. Dorsey oversees the case. Gellert Scali Busenkell & Brown, LLC is Debtor's legal counsel. MEDIQUIP, INC: Unsecureds to Get 54.42% Absent Hill's Contribution ------------------------------------------------------------------ Mediquip, Inc., filed with the U.S. Bankruptcy Court for the Eastern District of New York a Disclosure Statement for the Plan of Reorganization on October 13, 2020. Class 3 consists of Allowed General Unsecured Claims. This class totals approximately $329,112.05. This class will be paid 100% of its Allowed Claims, if William Hill makes his new value cash contribution. They will then receive $150,000 to be distributed pro rata within thirty days of the effective date of the Plan, and the balance will be paid in 20 equal quarterly payments of $8,955.00 commencing 30 days after the effective date of the Plan. If Mr. Hill does not make his new cash contribution, then each member of this class will be paid 54.42% of their Allowed Claim in twenty equal quarterly payments of $8,955.00 commencing within 30 days of the effective date of the Plan and continuing 120 days thereafter for 19 additional quarterly payments. In addition, to the extent the Adversary Proceeding to recover money from William Hill results in a recovery, the net proceeds, after deduction of legal fees and costs incurred in the litigation, will be distributed to members of this class pro rata. Each shareholder shall contribute $150,000.00 to the company in exchange for 50% equity interest. Upon confirmation of the Plan, all of the Debtor's pre-petition equity shares will be cancelled. The Reorganized Debtor shall immediately issue 100 new shares to each of those pre-petition shareholders who have made the required new value contribution of $150,000.00. If a prepetition shareholder does not make the required capital contribution it shall not receive any shares of the Reorganized Debtor. The plan shall be effectuated from a new value contribution from Sonia Carrero and William Hill of $150,000.00 each for a total of $300,000.00. To the extent a pre-petition shareholder fails to make the new value cash contribution, the shareholder will forfeit its right to receive equity in the Reorganized Debtor. The total monthly payments to be paid under the Plan will be approximately $8,955.00 per quarter for twenty quarters (equal to $2,985.00 per month) for Class 3 Claims and approximately $3,481 for twenty (20) months for Class 2 claims. A full-text copy of the disclosure statement dated October 13, 2020, is available at https://tinyurl.com/y6rdrcqp from PacerMonitor.com at no charge. Counsel to Debtor: Heath S Berger, Esq. Berger, Fischoff, Shumer, Wexler & Goodman, LLP 6901 Jericho Turnpike #230, Syosset, NY 1179 Phone: 800-806-1136 Email: hberger@bfslawfirm.com About Mediquip Inc. Based in Bethpage, N.Y., Mediquip Inc. provides medical supplies and equipment which are considered as Medicare chargeable items. Mediquip filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 19-77310) on Oct. 24, 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. Heath S. Berger, Esq., at Berger, Fischoff, Shumer, Wexler, Goodman, LLP, is the Debtor's legal counsel. METRO CHRISTIAN: US Trustee Objects to Combined Plan & Disclosures ------------------------------------------------------------------ The United States Trustee objects to the Combined Plan and Disclosure Statement of debtor Metro Christian Fellowship, Inc., of Kansas City. The United States Trustee claims that the financial information provided in the disclosure statement appears to be wholly inadequate both on a historical and going forward basis. The Debtor included only a short summary of its financial history without any supporting attachments. The United States Trustee points out that the summary of yearly total projections for income and expenses provides no substantive information from which any creditor could determine whether the projections are accurate or likely to occur. The United States Trustee states that the Debtor is proposing only minimal payments under the plan, totaling about $6,000.00 to a secured creditor and a total of approximately $12,000 to the unsecured creditors. Given that unsecured creditors would receive approximately 6% of their allowed claims, creditors should be able to judge whether the debtor's plan is fair and equitable. The United States Trustee asserts that the Debtor must demonstrate feasibility, and that the limited information provided in the Plan and supporting documentation is insufficient to determine that the Debtor has met its burden. About Metro Christian Fellowship Metro Christian Fellowship, Inc., of Kansas City sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Mo. Case No. 20-40917) on May 6, 2020. At the time of the filing, the Debtor had estimated assets of less than $50,000 and liabilities of between $100,001 and $500,000. Judge Dennis R. Dow oversees the case. Mann Conroy, LLC, is the Debtor's legal counsel. MIA CAPITAL: 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 case of MIA Capital Investment Group Inc., according to court dockets. About MIA Capital Investment Group Triumph Capital Partners LLC, a creditor of MIA Capital Investment Group Inc., filed a Chapter 7 involuntary petition against the company on April 16, 2020. The petitioning creditor is represented by Maurice B. VerStandig, Esq. On Oct. 14, 2020, the Chapter 7 case was converted to one under Chapter 11. Judge Laurel M. Isicoff oversees the case. MONTMARTRE INC: Unsecureds to Recover 43% or 53% Under Plan ----------------------------------------------------------- Montmartre, Inc., filed a Chapter 11 Small Business Subchapter V Plan. The Debtor's financial projections show that the Debtor will have projected disposable income for the period described in Sec. 1191(c)(2) of $3,000 per month. This pot will be distributed pro rata. If PPP Funds are not forgiven, general unsecured creditors will receive 42.58% of their claims. If PPP funds are forgiven in their entirety, general unsecured creditors will receive 53.24% of their claims. The projected disposable income was calculated based upon the Debtor's 2019 actual gross revenue and expenses, applying a reduction of 58% reflective of the loss of income as compared to their 2020 actual gross revenue and expenses over July and August 2020. This net income was reduced by the secured and priority tax payments described herein, less an additional $200 for administrative expenses such as accounting, bookkeeping, and legal fees that may continue to accrue over the life of the plan. Non-priority unsecured creditors holding allowed claims will receive distributions, which the proponent of this Plan has valued at approximately 42.58% (if PPP funds are not forgiven) or 53.24% (if PPP funds are forgiven in their entirety) cents on the dollar. This Plan also provides for the payment of administrative and priority claims. The Plan treats and classifies claims as follows: * Class 1 - Secured claim of First Home Bank. This class is impaired. The allowed secured claim is $86,619.68. Creditor will be paid $1,435.54 monthly. Payments will begin on the 15th day of the first full month following Confirmation of this Plan. Payments will continue for an estimated six years until the loan matures on December 5, 2026. Upon maturity, any remaining balance of this above secured claim shall balloon, though the above payment terms fully amortize the claim. * Class 2 - Secured claims of junior lien holders On Deck Capital, Inc; American Express, and Blue Vine Capital, Inc. This class is impaired. Creditors On Deck Capital, Inc.; American Express; and Blue Vine Capital, Inc. have prepetition UCC Liens securing their claims against all prepetition assets of the Debtor. These filings are behind that of First Home Bank. The value of the collateral is consumed entirely by First Home Bank's allowed secured claim in Class 1, above. Accordingly, pursuant to 11 USC §§506 and 1141(c), these wholly unsecured UCC Liens shall be terminated upon Confirmation. Their now unsecured claims will be entitled to treatment as an unsecured creditor in Class 3, below. * Class 3 - Non-priority unsecured creditors. This class is impaired. If PPP funds are not forgiven, creditors having general, nonpriority unsecured claims will receive a distribution equal to 42.58% of their allowed claims If PPP funds are forgiven in their entirety, creditors having nonpriority unsecured claims will receive a distribution equal to 53.24% of their allowed claims. Creditors will be paid 3,000 pro rata for 60 months. The total payout is $180,000. Payments will begin on the 15th day of the first full month following Confirmation. The anticipated date of last payment will be on December 15, 2025 The Plan will be funded through the ongoing business operations of the Debtor and their restaurant, Place Pigalle. A full-text copy of the Disclosure Statement dated September 30, 2020, is available at https://www.pacermonitor.com/view/PKZBHDI/Montmartre_Inc__wawbke-20-11872__0038.0.pdf?mcid=tGE4TAMA About Montmartre Inc. Montmartre Inc. sought protection for relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Wash. Case No. 20-11872) on July 10, 2020, listing under $1 million in both assets and liabilities. Larry B Feinstein, Esq. at LARRY B FEINSTEIN, PS, represents the Debtor as counsel. MOUNTAIN WEST: Seeks to Hire Tolson & Wayment as Legal Counsel -------------------------------------------------------------- Mountain West AG, LLP seeks approval from the U.S. Bankruptcy Court for the District of Idaho to hire Tolson & Wayment as its legal counsel. Mountain West requires the firm to: a. give Debtors legal advice with respect to its powers and duties; b. take the necessary action to avoid liens as required, and assist in performing Debtor's statutory duties; c. prepare legal papers; d. perform all other legal services; e. file motions for use of cash collateral and obtain authority to incur secured debt; and f. assist the Debtor in the preparation of the disclosure statement and Chapter 11 plan. The firm's services will be provided mainly by Aaron Tolson, Esq., who will be paid at $250 per hour. The firm does not hold or represent any interest adverse to the Debtor, according to a court filing. The firm can be reached through: Aaron J. Tolson, Esq. Tolson & Wayment, PLLC 2677 E. 17th Street, Suite 300 Ammon, ID 83406 Telephone: (208) 228-5221 Facsimile: (208) 228-5200 Email: ajt@aaronjtolsonlaw.com About Mountain West AG, LLP Mountain West AG, LLP sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Idaho Case No. 20-40856) on November 3, 2020. At the time of the filing, Debtor had estimated assets of between $500,001 and $1 million and liabilities of less than $50,000. Tolson & Wayment, PLLC is Debtor's legal counsel. MUSEUM OF AMERICAN JEWISH: Hires RBC Capital as Expert Witness -------------------------------------------------------------- Museum of American Jewish History, d/b/a National Museum of American Jewish History, seeks authority from the U.S. Bankruptcy Court for the Eastern District of Pennsylvania to employ RBC Capital Markets LLC, as expert witness to the Debtor. Museum of American requires RBC Capital to analyze pertinent issues related to the interest rate payable on secured debt under the Debtor's plan and to provide testimony at depositions and hearings, and related services. RBC Capital will be paid at the hourly rate of $250. RBC Capital will also be reimbursed for reasonable out-of-pocket expenses incurred. Paul M. Clancy, director of RBC Capital Markets 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. RBC Capital can be reached at: Paul M. Clancy RBC CAPITAL MARKETS LLC 300 Four Falls Corporate Center, Suite 760 West Conshohocken, PA 19428 Tel: (610) 729-3650 About Museum of American Jewish History d/b/a National Museum of American Jewish History The Museum of American Jewish History -- https://www.nmajh.org/ -- is a Pennsylvania non-profit organization which operates the National Museum of American Jewish History, the only museum in the nation dedicated exclusively to exploring and interpreting the American Jewish experience. The museum presents educational and public programs that preserve, explore and celebrate the history of Jews in America. The museum was established in 1976 and is housed in Philadelphia's Independence Mall. On March 1, 2020, Museum of American Jewish History sought Chapter 11 protection (Bankr. E.D. Pa. Case No. 20-11285). The Debtor was estimated to have $10 million to $50 million in assets and liabilities. Judge Magdeline D. Coleman oversees the case. The Debtor tapped Dilworth Paxson, LLP, as its legal counsel and Donlin, Recano & Company, Inc., as its claims agent. NEW WOODRIDGE: Hires Michelle Steele as Bookkeeper -------------------------------------------------- New Woodridge, LLC, seeks authority from the U.S. Bankruptcy Court for the Southern District of West Virginia to employ Michelle Steele, as bookkeeper to the Debtor. New Woodridge requires Michelle Steele to prepare on behalf of the Debtor as debtor in possession necessary Monthly Operating Reports. Michelle Steele will be paid at the hourly rate of $35. Michelle Steele will also be reimbursed for reasonable out-of-pocket expenses incurred. Michelle Steele 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. About New Woodridge New Woodridge, LLC, owns in fee simple an 18-hole golf course and building located at 301 Woodridge Drive, Mineral Wells, W.Va. having a current value of $850,000. New Woodridge sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. W.Va. Case No. 20-60026) on March 10, 2020. At the time of the filing, Debtor disclosed $1,096,000 in assets and $1,004,451 in liabilities. Judge Frank W. Volk Usdj oversees the case. Caldwell & Riffee is the Debtor's legal counsel. NEXT PLACE: Seeks Approval to Hire Shapiro & Hender as Counsel -------------------------------------------------------------- The Next Place, LLC seeks approval from the U.S. Bankruptcy Court for the District of Massachusetts to employ Shapiro & Hender to handle its Chapter 11 case. Shapiro & Hender's hourly rates are: Jordan L. Shapiro $300 Paralegals $75 Prior to the Debtor's Chapter 11 filing, Shapiro & Hender was paid $ 1,380 for legal services for negotiations with the landlord, the lease and the tenancy and lease from Oct. 27 to Nov. 6. Also, the filing fee of $ 1,717 has been deducted from the retainer, leaving a balance of $21,903. Jordan Shapiro, Esq., owner of Shapiro & Hender, disclosed in court filings that the firm is a "disinterested person" as that term is defined in section 101(14) of the Bankruptcy Code and does not represent interest adverse to the trustee, the Debtor or its estate. The firm can be reached through: Jordan L. Shapiro, Esq. Shapiro & Hender 105 Salem Street Malden, MA 02148 Telephone: (781) 324-5200 Email: jslawma@aol.com About The Next Place The Next Place, LLC filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Mass. Case No. 20-12249) on Nov. 18, 2020. At the time of the filing, Debtor disclosed assets of between $500,001 and $1 million and liabilities of the same range. The Debtor is represented by Jordan L. Shapiro, Esq., at Shapiro & Hender. NPC INTERNATIONAL: Cancels Scheduled Bankruptcy Auctions -------------------------------------------------------- Steven Church of Bloomberg News reports that fast-food franchisee NPC International Inc. canceled an auction for its Wendy's Co. and Pizza Hut restaurants, a move that may make it easier for Flynn Restaurant Group to buy the company out of bankruptcy. In a court filing in Houston on Sunday, November 30, 2020, NPC called off auctions designed to split the company's burger and pizza operations and sell them off separately to raise money to pay creditors. Ending the auctions means Flynn may be the only offer NPC is still considering; had the company proceeded, Flynn would have faced competition. Flynn has offered to buy the entire company in a deal. About NPC International NPC International, Inc. -- https://www.npcinternational.com/ -- is a franchisee company with over 1,600 franchised restaurants across two iconic brands -- Wendy's and Pizza Hut -- spanning 30 states and the District of Columbia. NPC International and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 20-33353) on July 1, 2020. At the time of the filing, the Debtors disclosed assets of between $1 billion and $10 billion and liabilities of the same range. Judge David R. Jones oversees the cases. The Debtors tapped Weil, Gotshal & Manges, LLP, as bankruptcy counsel; Alixpartners, LLP as financial advisor; Greenhill & Co., LLC as investment banker; and Epiq Corporate Restructuring, LLC as claims, noticing and solicitation agent and administrative advisor. PAINT THE WIND: Expects to Pay Unsecureds in Full in Plan --------------------------------------------------------- Paint the Wind, LLC, submitted a Plan and a Disclosure Statement. This Plan proposes that the Debtor will liquidate all of its assets and pay its creditors in full out of the proceeds of the sale of the assets. The assets of the Debtor consist of the 634.18 acres in multiple parcels of real estate and all improvements situate thereon located in Adams County, Pennsylvania. It is believed to have a value of approximately $16,000,000, which is based upon negotiations with a purchaser, which are currently underway. Class IV consists of the allowed, unsecured claims of creditors who have provided Post-Petition Administrative services, or goods to the Debtor. Because Debtor is not open and operating, it is believed there are no Class IV creditors, but if they appear, they will be paid in full from the proceeds of the sale or refinancing of Debtor's assets. Class IV is deemed unimpaired. Class VII consists of the claims of general, unsecured creditors as reflected on the original schedules filed at Docket #13 as well as any claims that may have been subsequently filed. The claims deadline has not yet expired, but all claims due and owing will be paid in full at the closing. To the extent that this class will be paid in full from the proceeds of the sale or refinancing of Debtor's assets, Class VII is deemed unimpaired. The Debtor reserves the right, independent of any efforts now being made to sell the property and to bring to the Bankruptcy Court any satisfactory offer of sale or to bring a Motion to refinance, pay all creditors, and thereby obtain additional time for sale of the assets or obtain a replacement mortgage loan. A full-text copy of the Disclosure Statement dated September 30, 2020, is available at https://www.pacermonitor.com/view/YDKDGQQ/Paint_the_Wind_LLC__pambke-20-02604__0019.0.pdf?mcid=tGE4TAMA Attorney for the Debtor: Lawrence V. Young, Esquire CGA LAW FIRM Sup. Ct. ID 21009 135 N. George St. York, PA 17401 Tel: (717) 718-7110 Fax: (717) 843-9039 E-mail: lyoung@cgalaw.com About Paint the Wind Paint the Wind, LLC filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bank. M.D. Pa. Case No. 20-02604) on August 31, 2020. The petition was signed by Christine M. Rakoci, its member. At the time of filing, the Debtor estimated to have $10 million to $50 million in assets and $1 million to $10 million in liabilities. Judge Henry W. Van Eck oversees the case. Lawrence V. Young, Esq. of CGA Law Firm is the Debtor's counsel. PENNSYLVANIA REIT: Expects to Exit Chapter 11 in December --------------------------------------------------------- PREIT, a leading operator of diverse retail and experiential destinations, on Nov. 30, 2020, announced that the United States Bankruptcy Court for the District of Delaware (the "Court") has confirmed its prepackaged financial restructuring plan (the "Prepackaged Plan"). PREIT expects to complete its financial restructuring and successfully emerge from Chapter 11 in early December. PREIT has a primary focus on the ownership and management of differentiated retail shopping malls crafted to fit the dynamic communities they serve. The Company operates properties in 12 states in the eastern U.S. with concentration in the Mid-Atlantic and Greater Philadelphia region. The Company is headquartered in Philadelphia, Pennsylvania. More information about PREIT can be found at www.preit.com or on Twitter or LinkedIn. (PRNewsFoto/PREIT) (PRNewsFoto/) Upon emergence, PREIT will have access to $130 million of new financing to support its operations and the continued execution of its strategic priorities. In addition to recapitalizing the Company, PREIT's debt maturity schedule will be extended. The Company will be well-positioned to continue offering compelling retail and experiential destinations while prioritizing the health and safety of its employees, partners, customers and communities. "We look forward to emerging from this process as a stronger, more innovative platform for our business partners," said Joseph F. Coradino, CEO of PREIT. "We were able to reach this outcome on an expedited basis thanks to the overwhelming support of our lenders, as well as the continued support of our employees, customers, tenants and vendors. We will remain focused on operating safely, responsibly and efficiently while maintaining a strong balance sheet." Coradino continued, "I want to thank the entire PREIT team for continuing to perform at the highest level throughout this process during the busiest time of year for our business. We are proud that we have continued to deliver terrific experiences in the communities in which we operate and outstanding service for our retail partners throughout our financial restructuring process and the ongoing COVID-19 pandemic. PREIT properties play an essential role in the economy of the communities in which we operate, creating jobs, preserving tax revenue and ensuring the vitality of key focal points. We look forward to a brighter future for all PREIT stakeholders as we move forward as a financially stronger company." Additional information, including court documents and information about the court-supervised process, is available on PREIT's restructuring website through PREIT's claims agent, Prime Clerk at https://cases.primeclerk.com/PREIT. About PREIT Pennsylvania Real Estate Investment Trust (NYSE:PEI) is a publicly traded real estate investment trust that owns and manages innovative properties at the forefront of shaping consumer experiences through the built environment. PREIT's robust portfolio of carefully curated retail and lifestyle offerings mixed with destination dining and entertainment experiences are located primarily in densely-populated, high barrier-to-entry markets with tremendous opportunity to create vibrant multi-use destinations. On the Web: http://www.preit.com/ PREIT and certain of its affiliates filed a voluntary Chapter 11 petition in the United States Bankruptcy Court for the District of Delaware (Bankr. D. Del. Case No. 20-12737) on Nov. 1, 2020, to implement its prepackaged Chapter 11 plan. The Debtors have tapped DLA Piper LLP (US) LLP and Wachtell, Lipton, Rosen & Katz as their legal counsel, and PJT Partners LP as their financial advisor. PREIT's claims agent is Prime Clerk, maintaining the page https://cases.primeclerk.com/PREIT PENNSYLVANIA REIT: Unsecured Claims Unimpaired in Confirmed Plan ---------------------------------------------------------------- Pennsylvania Real Estate Investment Trust, et al., submitted a Prepackaged Chapter 11 Plan of Reorganization and a Disclosure Statement. The Debtors have contended with a leveraged capital structure, which has imposed onerous debt service expense on the enterprise. As of the date hereof, the Debtors' corporate-level funded debt totals approximately $935.5 million. The Debtors' capital structure consists of approximately: * Approximately $22.5 million outstanding in principal amount under the Prepetition Bridge Facility; * Approximately $913 million outstanding in aggregate principal amount under the Prepetition Unsecured Credit Facilities, consisting of: - $538 million outstanding in principal amount under the Prepetition Revolver/TL Credit Facility; and - $375 million outstanding in principal amount under the Prepetition Seven- Year Term Loan Facility. On September 30, 2020, the Debtors entered into certain amendments to certain loan documents to extend maturity date. With the additional time provided, the Debtors were able to negotiate the framework for a consensual restructuring with its major creditor constituents, as set forth in that certain Restructuring Support Agreement, dated October 7, 2020, by and among the Debtors, the Agent and the Consenting Lenders (as may be amended or modified from time to time, the "Restructuring Support Agreement"). The Restructuring Support Agreement and chapter 11 plan term sheet attached as Exhibit B to the Restructuring Support Agreement (the "Restructuring Term Sheet") contemplate a swift restructuring that is supported by the holders of approximately 80.5% in principal amount of the Unsecured Credit Facility Claims and approximately 100% in aggregate amount of the Specified Derivatives Claims. To provide the Reorganized Debtors post-emergence with sufficient liquidity, the Reorganized Debtors will enter into the Exit Facilities as of the Effective Date of the Plan. Specifically, the Revolving Exit Facility Lenders have committed to provide the Reorganized Debtors with a Revolving Exit Facility in an aggregate principal amount of approximately $150 million, which shall include a $10 million letter of credit sub-facility consistent with the terms and conditions set forth in the Restructuring Term Sheet. Furthermore, the Consenting Lenders have committed to provide the Reorganized Debtors with a New Second Lien Term Loan Facility in an aggregate principal amount of approximately $319 million, which aggregate principal amount shall be subject to the New Senior Term Loan Facility Adjustment (as set forth in Section 4.2.1 of the Plan), consistent with the terms and conditions set forth in the Restructuring Term Sheet. In addition, the Consenting Lenders have committed to provide the Reorganized Debtors with a New Senior Secured Term Loan Facility in an aggregate principal amount of approximately $600 million, likewise subject to the New Senior Term Loan Facility Adjustment (as set forth in Section 4.2.1 of the Plan), consistent with the terms and conditions set forth in the Restructuring Term Sheet. Notably, the Plan leaves general unsecured creditors unimpaired and will allow the Debtors to minimize disruptions to their go-forward operations while effectuating a value-maximizing largely refinancing transaction through the chapter 11 process. In addition, PREIT’s existing equity holders will retain their equity interests. Accordingly, no modification to Existing Equity Interests (or issuance of new equity) is contemplated under the Plan. The Plan proposes to treat claims as follows: * Class 2 Derivatives Claims. This class is impaired with projected allowed amount of claims of $0-$27 million. Creditors will recover 100% of claims. The Reorganized Debtors shall assume the Swap Agreements, as amended by the Omnibus Swap Amendment, with any obligations of the Reorganized Debtors under the Swap Agreements so assumed secured pari passu with the Postpetition Senior Secured Facilities. * Class 5 Unsecured Credit Facility Claims. This class is impaired with projected allowed amount of claims of $913 million (plus accrued, but unpaid interest). Creditors will recover 100% of claims. Each Holder of an Allowed Unsecured Credit Facility Claim shall receive on a dollar-for-dollar basis on account of such Holder's Allowed Unsecured Credit Facility Claim the principal amount of loans under the New Second Lien Term Loan Facility in a principal amount equal to such Holder's Allowed Unsecured Credit Facility Claim. * Class 6 General Unsecured Claims. This class is unimpaired. Creditors will recover 100% of claims. Each Holder of an Allowed Claim in Class 6 shall have its Claim Reinstated, consistent with the provisions in Section 3.4 of the Plan. A full-text copy of the Disclosure Statement dated November 2, 2020, is available at https://www.pacermonitor.com/view/LLBFF3Y/Pennsylvania_Real_Estate_Investment__debke-20-12737__0017.0.pdf?mcid=tGE4TAMA A full-text copy of the Plan Confirmation Order is available at: https://www.pacermonitor.com/view/IA3WZGI/Pennsylvania_Real_Estate_Investment__debke-20-12737__0213.0.pdf About PREIT PREIT (NYSE:PEI) is a publicly traded real estate investment trust that owns and manages innovative properties at the forefront of shaping consumer experiences through the built environment. PREIT's robust portfolio of carefully curated retail and lifestyle offerings mixed with destination dining and entertainment experiences are located primarily in densely-populated, high barrier-to-entry markets with tremendous opportunity to create vibrant multi-use destinations. On the Web: http://www.preit.com/ PREIT and certain of its affiliates filed a voluntary Chapter 11 petition in the United States Bankruptcy Court for the District of Delaware (Bankr. D. Del. Case No. 20-12737) on Nov. 1, 2020, to implement its Prepackaged Plan. DLA Piper LLP (US) LLP and Wachtell, Lipton, Rosen & Katz are serving as legal counsel and PJT Partners LP is serving as financial advisor to PREIT. PREIT's claims agent is Prime Clerk, maintaining the page https://cases.primeclerk.com/PREIT PERMIAN HOLDCO: Prosperity Bank Resigns From Committee ------------------------------------------------------ Andrew Vara, the U.S. Trustee for Region 3, disclosed in a court filing that Prosperity Bank resigned from the official committee of unsecured creditors appointed in Permian Holdco 1, Inc.'s Chapter 11 case. The remaining committee members are: 1. Glen's Welding Attn: Terry Malovets 415 S. 1st Street Temple, TX 76504 Phone: 254-627-9031 Fax: 254-742-1606 Email: Malovets5@gmail.com 2. Sherwin Williams Attn: Amanda Rico 2929 N. Central Expy., #220 Richardson, TX 75080 Phone: 214-907-3152 Fax: 216-774-1944 Email: Amanda.rico@sherwin.com 3. Ade-Wifco Steel Products, Inc. Attn: LL Sanborn P.O. Box 1325 Hutchinson, KS 67502 Phone: 620-543-2827 Ext. 120 Email: Les@wifcosp.com 4. Willbanks Metals Attn: Eric Letz 1155 NE 28th Fort Worth, TX 76106 Phone: 817-625-6161 Fax: 817-625-8487 Email: Eric.letz@willbanksmetals.com About Permian Holdco Permian Holdco 1, Inc. and its affiliates are manufacturers of above-ground storage tanks and processing equipment for the oil and natural gas exploration and production industry. On July 19, 2020, Permian Holdco 1 and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 20-11822). The petitions were signed by Chris Maier, chief restructuring officer. Hon. Mary F. Walrath presides over the cases. At the time of the filing, Debtors listed under $50,000 in both assets and liabilities. Debtors tapped Young Conaway Stargatt & Taylor, LLP as their legal counsel, Seaport Gordian Energy, LLC as investment banker, and Epiq Corporate Restructuring, LLC as notice and claims agent. The U.S. Trustee for Region 3 appointed a committee of unsecured creditors in the Debtors Chapter 11 case on July 28, 2020. Troutman Pepper Hamilton Sanders LLP and PricewaterhouseCoopers LLP serve as the committee 's legal counsel and financial advisor, respectively. PERSONAL FOOT: Seeks to Hire Bush Law Firm as Legal Counsel ----------------------------------------------------------- Personal Foot Care, PC seeks approval from the U.S. Bankruptcy Court for the Middle District of Alabama to hire The Bush Law Firm, LLC as its legal counsel. The firm will render these services: a. advise the Debtor as to its rights, powers and duties; b. prepare and file legal documents; c. represent the Debtor at the hearings; d. prepare and file the status report and plan; e. defend challenges to the automatic stay set forth within 11 U.S.C. Section 362(a); and f. provide such other legal services for the Debtor. The firm will be paid at an hourly rate of $250 plus reimbursement for necessary expenses. Bush Law does not hold or represent any interest adverse to the Debtor or its estate, according to a court filing. The firm can be reached through: Anthony B. Bush, Esq. The Bush Law Firm, LLC Parliament Place Professional Center 3198 Parliament Circle 302 Montgomery, AL Telephone: (334) 263-7733 Facsimile: (334) 832-4390 Email: abush@bushlegalfirm.com About Personal Foot Care, PC Personal Foot Care, PC, a medical group practice located in Prattville, Ala., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Ala. Case No. 20-32351) on Nov. 16, 2020. The petition was signed by Dr. Brian Zagar, owner. At the time of the filing, Debtor had estimated assets of less than $50,000 and liabilities of between $100,001 and $500,000. The Bush Law Firm, LLC is Debtor's legal counsel. PINNACLE DEMOLITION: Seeks to Hire Certus LLP as Accountant ----------------------------------------------------------- Pinnacle Demolition and Environmental Services Corp. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire Certus LLP as its accountant. The Debtor requires the firm to: a) gather and verify all pertinent information required to compile and prepare monthly operating reports; b) prepare monthly operating reports for the Debtor in connection with the Chapter 11 case. The firm will be billed at rate of $1,000 per month. Thomas E. McDonagh, CPA, of Certrus LLP, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Thomas E. McDonagh, CPA Certrus LLP 486 Sunrise Hwy, Ste 100c Rockville Centre, NY 11570 About Pinnacle Demolition and Environmental Services Corp. Pinnacle Demolition and Environmental Services Corp. filed its a voluntary petition under Chapter 11 (Bankr. E.D.N.Y. Case No. 20-43057) on Aug. 24, 2020. At the time of filing, the Debtor estimated $100,001 to $500,000 in assets and $1,000,001 to $10,000,000 in liabilities. Judge Elizabeth S. Stong oversees the case. Joseph A. Fazio, Esq., serves as Debtor's legal counsel. PNW HEALTHCARE: Canyon Landlords Says Plan Disenfranchises Them --------------------------------------------------------------- Canyon Z, LLC and Canyon NH, LLC (collectively, the "Canyon Landlords") object to the Disclosure Statement to Accompany First Amended Plan of Reorganization of PNW Healthcare Holdings, LLC and its Debtor Affiliates. Canyon Landlords point out that the Disclosure Statement and Plan do not fully reflect or explain the scope of the release the Canyon Released Parties are to receive from the Debtors and the Estates. Canyon Landlords request that the Plan and Disclosure Statement be clarified to provide that the modification to the Canyon Agreements is limited to the Canyon nH Agreement as noted on the record at the auction, and not otherwise purport to describe the modification. Canyon Landlords claim that they do not have an agreement with NCR Holdings that would permit the assumption of the Canyon Agreements, modification of the Reorganized Debtors' monetary obligations under the Canyon Agreements, and/or resolution of the pending litigation against and appeal by the Canyon Landlords. Canyon Landlords state that the Debtors will need to satisfy all prepetition amounts owed under the Canyon Agreements, which Canyon has agreed to waive as part of its deal with Cornerstone 18 Operations LLC, and the Reorganized Debtors will be required to pay in full all rent under the Canyon Agreements. Canyon Landlords assert that the Plan needlessly disenfranchises Canyon Landlords because the Canyon Litigation is being dismissed under either the Plan or NCR Holdings' plan. A full-text copy of the Canyon Landlords' objection to disclosure statement dated November 6, 2020, is available at https://tinyurl.com/y4uxjt9t from PacerMonitor at no charge. Counsel for the Canyon Landlords: GREENBERG TRAURIG, LLP Nancy A. Peterman Greenberg Traurig, LLP 77 West Wacker Drive, Suite 3100 200 Park Avenue Chicago, Illinois 60601 Telephone: (312) 456-8410 E-mail: PetermanN@gtlaw.com - and - CAIRNCROSS & HEMPELMANN, P.S. John R. Rizzardi E-mail: jrizzardi@cairncross.com Christopher L. Young E-mail: cyoung@cairncross.com 524 Second Avenue, Suite 500 Seattle, WA 98104-2323 Telephone: (206) 587-0700 Facsimile: (206) 587-2308 About PNW Healthcare Holdings PNW Healthcare Holdings, LLC and other subsidiaries of Aldercrest Health & Rehabilitation Center -- http://www.aldercrestskillednursing.com/-- are providers of long-term skilled nursing care and short-term rehabilitation solutions. On Nov. 22, 2019, the Debtors filed Chapter 11 petitions (Bankr. W.D. Wa. Lead Case No. 19-43754) in Seattle, Wash. At the time of the filing, PNW Healthcare had estimated assets of less than $50,000 and liabilities of between $1 million and $10 million. Judge Christopher M. Alston oversees the cases. The Debtors tapped Foley & Lardner LLP as lead bankruptcy counsel; D. Bugbee & Scalia, PLLC as co-counsel with Foley; Getzler Henrich & Associates LLC as financial advisor; and Omni Agent Solutions as notice, claims and balloting agent, and as administrative advisor. The Office of the U.S. Trustee appointed a committee of unsecured creditors on Dec. 12, 2019. The committee tapped Pepper Hamilton LLP as bankruptcy counsel; Bush Kornfeld LLP as local counsel; and FTI Consulting, Inc. as financial advisor. PNW HEALTHCARE: Dec. 14 Plan Confirmation Hearing Set ----------------------------------------------------- PNW Healthcare Holdings, LLC and its Affiliated Debtors filed with the U.S. Bankruptcy Court for the Western District of Washington a motion for an order approving Disclosure Statement. On November 10, 2020, Judge Mary Jo Heston granted the motion and ordered that: * The Disclosure Statement is approved for all purposes, and any objections not withdrawn are overruled. * December 14, 2020, at 10:00 a.m. is the hearing on confirmation of the First Amended Plan of Reorganization. * December 9, 2020, at 9:00 a.m. is the status conference regarding the Confirmation Hearing. * Objections or responses to confirmation of the Plan, if any, shall be filed with the Court and served on counsel for the Debtors and counsel for the Committee so as to be actually received not later than seven days prior to the Confirmation Hearing. * Any replies to objections to confirmation shall be due not less than three calendar days prior to the Confirmation Hearing. * December 7, 2020 is fixed as the last day to deliver all Ballots to be counted as a vote to accept or reject the Plan. A full-text copy of the order dated November 10, 2020, is available at https://tinyurl.com/y5gop9x9 from PacerMonitor.com at no charge. The Debtors are represented by: Ashley M. McDow Foley & Lardner LLP 555 South Flower St., Suite 3300 Los Angeles, CA 90071-2418 Tel: 213-972-4500 Fax: 213-486-0065 About PNW Healthcare Holdings PNW Healthcare Holdings, LLC and other subsidiaries of Aldercrest Health & Rehabilitation Center -- http://www.aldercrestskillednursing.com/-- are providers of long-term skilled nursing care and short-term rehabilitation solutions. On Nov. 22, 2019, the Debtors filed Chapter 11 petitions (Bankr. W.D. Wa. Lead Case No. 19-43754) in Seattle, Wash. At the time of the filing, PNW Healthcare had estimated assets of less than $50,000 and liabilities of between $1 million and $10 million. Judge Christopher M. Alston oversees the cases. The Debtors tapped Foley & Lardner LLP as lead bankruptcy counsel; D. Bugbee & Scalia, PLLC as co-counsel with Foley; Getzler Henrich & Associates LLC as financial advisor; and Omni Agent Solutions as notice, claims and balloting agent, and as administrative advisor. The Office of the U.S. Trustee appointed a committee of unsecured creditors on Dec. 12, 2019. The committee tapped Pepper Hamilton LLP as bankruptcy counsel; Bush Kornfeld LLP as local counsel; and FTI Consulting, Inc. as financial advisor. PNW HEALTHCARE: MidCap Says Funding of Class 1A Claim Is Unclear ---------------------------------------------------------------- MidCap Funding IV Trust, the successor-by-assignment to MidCap Financial Trust as agent and prepetition lender under certain prepetition working capital credit facilities ("MidCap"), of PNW Healthcare Holdings, LLC and its Debtor Affiliates, files this Limited Objection and Reservation of Rights to the Disclosure Statement to Accompany First Amended Plan of Reorganization. MidCap claims that the description of the treatment of MidCap's claim contained in the Disclosure Statement and Plan does not provide for the unequivocal and unqualified payment in full to which both bidders, including the Plan Sponsor, committed to on the record. MidCap points out that the Disclosure Statement should contain fulsome disclosure and explanation as to how the parties arrived at the proposed 6.5% interest rate and payment terms, which include no payments for at least one and a half years from the projected Effective Date, in light of market terms for the same type of loan, risk adjustments, and the feasibility of the Plan. MidCap states that the Disclosure Statement and Plan should be revised to accurately reflect that the MidCap Allowed Secured Claim will include all amounts to which MidCap is entitled under the MidCap Prepetition Credit Facility. MidCap says that the Disclosure Statement and Plan should be revised to make clear that only the disputed portion, if any, of the Class 1A Claim will be held in escrow and not distributed until it is allowed, and that the undisputed amount of the Class 1A Claim shall be distributed to MidCap in cash on the Effective Date. MidCap asserts that the Disclosure Statement and Plan also contain language that provides some ambiguity regarding the funding of the payment of the Class 1A Claim. It is unclear whether the Debtors and Plan Sponsor are treating exit financing as a condition precedent to effectiveness of the Plan. MidCap has advised Debtors and the Plan Sponsor that MidCap's claim as of September 30, 2020, was $9,906,581.52, after giving credit for all adequate protection payments received by MidCap during that time. A full-text copy of MidCap's objection to disclosure statement dated November 6, 2020, is available at https://tinyurl.com/y5n3rb7c from PacerMonitor at no charge. Attorneys for Creditor MidCap Funding: MILLER NASH GRAHAM & DUNN LLP John R. Knapp, Jr., P.C. Teresa H. Pearson - and - David E. Lemke Tyler N. Layne Melissa W. Jones WALLER LANSDEN DORTCH & DAVIS, LLP 511 Union Street, Suite 2700 Nashville, Tennessee 37219 Telephone: 615.244.6380 Facsimile: 615.244.6804 E-mail: david.lemke@wallerlaw.com tyler.layne@wallerlaw.com melissa.jones@wallerlaw.com About PNW Healthcare Holdings PNW Healthcare Holdings, LLC and other subsidiaries of Aldercrest Health & Rehabilitation Center -- http://www.aldercrestskillednursing.com/-- are providers of long-term skilled nursing care and short-term rehabilitation solutions. On Nov. 22, 2019, the Debtors filed Chapter 11 petitions (Bankr. W.D. Wa. Lead Case No. 19-43754) in Seattle, Wash. At the time of the filing, PNW Healthcare had estimated assets of less than $50,000 and liabilities of between $1 million and $10 million. Judge Christopher M. Alston oversees the cases. The Debtors tapped Foley & Lardner LLP as lead bankruptcy counsel; D. Bugbee & Scalia, PLLC as co-counsel with Foley; Getzler Henrich & Associates LLC as financial advisor; and Omni Agent Solutions as notice, claims and balloting agent, and as administrative advisor. The Office of the U.S. Trustee appointed a committee of unsecured creditors on Dec. 12, 2019. The committee tapped Pepper Hamilton LLP as bankruptcy counsel; Bush Kornfeld LLP as local counsel; and FTI Consulting, Inc. as financial advisor. PNW HEALTHCARE: Unsecured Creditors' Recovery Hiked to 100% ----------------------------------------------------------- PNW Healthcare Holdings, LLC and its Affiliated Debtors filed the Disclosure Statement to accompany First Amended Plan of Reorganization on October 30, 2020. Class 3A Allowed General Unsecured Claims is impaired and may recover 100% of claims. The holders of Allowed Class 3A General Unsecured Claims shall receive a pro rata beneficial interest in and distribution from the proceeds of the GUC Trust. The GUC Trust shall receive initial funding of $17 million from the Sponsor, and additional funding of $1 million per year until the GUC Trust has received funds sufficient to pay all Class 3A Claims in full, with interest at the Federal Judgment Rate. The holders of Allowed Class 3B Convenience Class General Unsecured Claims shall receive a single distribution from the GUC Trust in the amount of 100% of the allowed amount of the claim. A full-text copy of the First Amended Plan dated October 30, 2020, is available at https://tinyurl.com/yy83eh2b from PacerMonitor.com at no charge. Attorneys for the Debtors: Ashley M. McDow Marcus Helt Shane J. Moses FOLEY & LARDNER LLP 555 S. Flower St., 33rd Floor Los Angeles, CA 90071 Telephone: 213.972.4500 Email: amcdow@foley.com mhelt@foley.com smoses@foley.com About PNW Healthcare Holdings PNW Healthcare Holdings, LLC and other subsidiaries of Aldercrest Health & Rehabilitation Center -- http://www.aldercrestskillednursing.com/-- are providers of long-term skilled nursing care and short-term rehabilitation solutions. On Nov. 22, 2019, the Debtors filed Chapter 11 petitions (Bankr. W.D. Wa. Lead Case No. 19-43754) in Seattle, Wash. At the time of the filing, PNW Healthcare had estimated assets of less than $50,000 and liabilities of between $1 million and $10 million. Judge Christopher M. Alston oversees the cases. The Debtors tapped Foley & Lardner LLP as lead bankruptcy counsel; D. Bugbee & Scalia, PLLC as co-counsel with Foley; Getzler Henrich & Associates LLC as financial advisor; and Omni Agent Solutions as notice, claims and balloting agent, and as administrative advisor. The Office of the U.S. Trustee appointed a committee of unsecured creditors on Dec. 12, 2019. The committee tapped Pepper Hamilton LLP as bankruptcy counsel; Bush Kornfeld LLP as local counsel; and FTI Consulting, Inc. as financial advisor. PNW HEALTHCARE: Ziegler Financing Objects to Disclosure Motion -------------------------------------------------------------- Ziegler Financing Corporation objects to the motion of PNW Healthcare Holdings, LLC and its Debtor Affiliates for an order approving Disclosure Statement. Ziegler claims that the Amended Disclosure Statement should make clear specifically what is contemplated as to the referenced releases and the treatment of the claims raised in the Adversary Proceeding. Ziegler asserts that the the Amended Plan does not expressly state as much and, in other sections of the Amended Disclosure (such as Section F), the reference to the releases and settlement of Adversary Proceeding claims is limited to Canyon. Ziegler points out that it is not clear whether any purchase of the relevant properties would, in fact, lead to a termination of the Ziegler Security Interests under applicable non-bankruptcy law. Ziegler requests that the Court deny the Motion to the extent Debtors seek a finding that the Disclosure Statement contains adequate information sufficient to satisfy the requirements of section 1125 of the Bankruptcy Code. A full-text copy of Ziegler's objection to disclosure motion dated November 6, 2020, is available at https://tinyurl.com/y5su3s7j from PacerMonitor at no charge. Attorneys for Ziegler Financing: LANE POWELL PC Charles R. Ekberg James B. Zack E-mail: EkbergC@lanepowell.com ZackJ@lanepowell.com 1420 5th Avenue, Suite 4200 Seattle, WA 98101 Tel: (206) 223-7000 Fax: (206) 223-7107 CARLTON FIELDS David L. Gay E-mail: dgay@carltonfields.com 100 S.E. Second Street, Suite 4200 Miami, Florida 33131-2113 Tel: (305) 530-0050 Fax: (305) 530-0011 Donald R. Kirk E-mail: dkirk@carltonfields.com P.O. Box 3239 Tampa, FL 33601-3239 Tel: (813) 223-7000 Fax: (813) 229-4133 About PNW Healthcare Holdings PNW Healthcare Holdings, LLC and other subsidiaries of Aldercrest Health & Rehabilitation Center -- http://www.aldercrestskillednursing.com/-- are providers of long-term skilled nursing care and short-term rehabilitation solutions. On Nov. 22, 2019, the Debtors filed Chapter 11 petitions (Bankr. W.D. Wa. Lead Case No. 19-43754) in Seattle, Wash. At the time of the filing, PNW Healthcare had estimated assets of less than $50,000 and liabilities of between $1 million and $10 million. Judge Christopher M. Alston oversees the cases. The Debtors tapped Foley & Lardner LLP as lead bankruptcy counsel; D. Bugbee & Scalia, PLLC as co-counsel with Foley; Getzler Henrich & Associates LLC as financial advisor; and Omni Agent Solutions as notice, claims and balloting agent, and as administrative advisor. The Office of the U.S. Trustee appointed a committee of unsecured creditors on Dec. 12, 2019. The committee tapped Pepper Hamilton LLP as bankruptcy counsel; Bush Kornfeld LLP as local counsel; and FTI Consulting, Inc. as financial advisor. POCMONT PROPERTIES: Unsecureds Will Recover 23% of Claims --------------------------------------------------------- Pocmont Properties, LLC submitted a Second Amended Disclosure Statement. The Plan fundamentally serves as the mechanism for paying creditors over time from operations of the related hotel and or distributing the Sale proceeds to the holders of allowed claims against the Debtor with a transfer tax exemption. As of the Petition Date, both loans to the SBA were delinquent in an aggregate amount of more than $200,000 and the Debtors owed real estate taxes to Pike County in the amount of approximately $1.41 million. The SBA secured claims are in the aggregate amount of $4,594,335.62. Before and during this Chapter 11 case, the Debtor has informally listed the Property on the market for sale at a listing price of $8,000,000. However, the Debtor has only received minimal interest from buyers and informal interest in purchasing the Property for not more than $5,000,000. So, while the Debtor believes that the Property has a value of $7,000,000 (as reflected in the schedules and in the listing price), the market has not supported this estimate of value. There is no recent appraisal of the Property. Accordingly, the Debtor believes that the Property is worth more as a going concern to the creditors than in a sale. Class 4 General Unsecured Claims expected total $120,000 are impaired. Each holder of an Allowed Unsecured General Claim shall receive, in full and final satisfaction of such Claims, payment of 23% of said allowed claims on the Effective Date and the balance of said allowed claim shall be paid in full, without interest, within two years of the Effective Date. Each holder of an Equity Interest shall retain their Allowed Equity Interest and may receive dividends or distribution after payment in full of Administrative Expense Claims, and allowed Class 1, 2, 3, and 4 Claims. A full-text copy of the Second Amended Disclosure Statement dated September 30, 2020, is available at https://tinyurl.com/y5csupt7 from PacerMonitor.com at no charge. Proposed Attorneys for the Debtor: Robert J. Spence, Esq. SPENCE LAW OFFICE, P.C. 55 Lumber Road, Ste 5 Roslyn, New York 11576 (516) 336-2060 About Pocmont Properties Pocmont Properties LLC acquired the real estate on which the Bushkill Inn sits in September 2010 from FNCB Realty Company II, LLC. The stated acquisition price was $2,000,000. The current owners acquired the equity interests of the Debtor in a bankruptcy sale pursuant to a confirmed plan or reorganization. The Debtor's financial difficulties in the first bankruptcy case stemmed from the fact that the total cost of the project, including acquisition of the property, construction costs and furnishings was budgeted at $6,500,000 but cost in excess of $10,000,000. These cost overruns created serious financial pressure on the startup operation during its nascent stage. The Debtor is represented by Spence Law Office, P.C. PRIMARIS HOLDINGS: Seeks to Hire Foley Law as Legal Counsel ----------------------------------------------------------- Primaris Holdings, Inc. seeks approval from the U.S. Bankruptcy Court for the Western District of Missouri to hire Foley Law to serve as co-counsel with The Olsen Law Firm, LLC, the other firm handling its Chapter 11 case. The Debtor requires Foley Law to: (a) advise Debtor regarding the administration of the case; (b) advise and represent Debtor with respect to retention of professionals and advisors; (c) advise and represent Debtor in analyzing its assets and liabilities; (d) advise and represent Debtor in any manner relevant to reviewing and determining its rights and obligations under leases and other contracts; (e) advise and represent Debtor in investigating its acts, conduct, assets, liabilities and financial condition; (f) advise and represent Debtor regarding a sale of its assets; (g) advise and represent Debtor in its participation in the negotiation, formulation, or objection to any plan of liquidation or reorganization; (h) advise and represent Debtor in understanding its powers and its duties; (i) advise and represent Debtor in the evaluation of claims and on any litigation matters; and (j) provide such other services to Debtor as may be necessary in the case. The firm's current hourly rates are as follows: Rachel Lynn Foley $300 Paralegals $75 Foley Law has received a retainer in the amount of $6,500. Rachel Lynn Foley, Esq., the owner of Foley Law, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Rachel Lynn Foley, Esq. FOLEY LAW 4016 S. Lynn Court Drive, Suite B Independence, MO 64055 Telephone: (816) 472-4357 Facsimile: (888) 876-1591 E-mail: clients@kcbankruptcy.com About Primaris Holdings, Inc. Primaris Holdings, Inc. is a Columbia, Mo.-based privately held company in the healthcare consulting business. Primaris leads and supports systems and clinicians in implementing solutions that improve healthcare quality and reduce costs. Primaris Holdings sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Mo. Case No. 20-20773) on Nov. 19, 2020. The petition was signed by Richard A. Royer, CEO. At the time of the filing, Debtor had total assets of $3,170,289 and liabilities of $5,203,068. The Olsen Law Firm, LLC and Foley Law serve as the Debtor's legal counsel. PRIMARIS HOLDINGS: Seeks to Hire Olsen Law Firm as Legal Counsel ---------------------------------------------------------------- Primaris Holdings, Inc. seeks approval from the U.S. Bankruptcy Court for the Western District of Missouri to hire The Olsen Law Firm, LLC as its legal counsel. The Debtor requires the firm to: (a) advise Debtor regarding the administration of the case; (b) advise and represent Debtor with respect to retention of professionals and advisors; (c) advise and represent Debtor in analyzing its assets and liabilities; (d) advise and represent Debtor in any manner relevant to reviewing and determining its rights and obligations under leases and other contracts; (e) advise and represent Debtor in investigating its acts, conduct, assets, liabilities and financial condition; (f) advise and represent Debtor regarding a sale of its assets; (g) advise and represent Debtor in its participation in the negotiation, formulation, or objection to any plan of liquidation or reorganization; (h) advise and represent Debtor in understanding its powers and its duties; (i) advise and represent Debtor in the evaluation of claims and on any litigation matters; and (j) provide such other services to Debtor as may be necessary in the case. The firm's hourly rates are as follows: Jill D. Olsen $300 Paralegals $75 Olsen Law has received a retainer in the amount of $8,500. Jill D. Olsen, Esq., the owner of Olsen Law, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Jill D. Olsen, Esq. THE OLSEN LAW FIRM, LLC 118 N. Conistor Ln, Suite B290 Liberty, MO 64068 Telephone: (816) 521-8811 Facsimile: (816) 278-9493 Email: jill@olsenlawkc.com About Primaris Holdings, Inc. Primaris Holdings, Inc. is a Columbia, Mo.-based privately held company in the healthcare consulting business. Primaris leads and supports systems and clinicians in implementing solutions that improve healthcare quality and reduce costs. Primaris Holdings sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Mo. Case No. 20-20773) on Nov. 19, 2020. The petition was signed by Richard A. Royer, CEO. At the time of the filing, Debtor had total assets of $3,170,289 and liabilities of $5,203,068. The Olsen Law Firm, LLC and Foley Law serve as the Debtor's legal counsel. PROPERTY CAPITAL: Case Summary & 7 Unsecured Creditors ------------------------------------------------------ Debtor: Property Capital Solutions LLC 11230 Gold Express Drive #310-252 Gold River, CA 95670 Business Description: Property Capital Solutions LLC is a Single Asset Real Estate debtor (as defined in 11 U.S.C. Section 101(51B)). Chapter 11 Petition Date: November 30, 2020 Court: United States Bankruptcy Court Southern District of Texas Case No.: 20-80294 Judge: Hon. Jeffrey P. Norman Debtor's Counsel: Robert Lane, Esq. THE LANE LAW FIRM 6200 Savoy Dr Ste 1150 Houston, TX 77036-3369 Email: chip.lane@lanelaw.com Total Assets: $2,214,392 Total Liabilities: $2,833,958 The petition was signed by Zack Fuelling, asset manager. A copy of the petition containing, among other items, a list of the Debtor's seven unsecured creditors is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/4O6DYAY/Property_Capital_Solutions_LLC__txsbke-20-80294__0001.0.pdf?mcid=tGE4TAMA PROPULSION ACQUISITION: Moody's Upgrades CFR to Caa1, Outlook Neg ----------------------------------------------------------------- Moody's Investors Service upgraded Propulsion Acquisition, LLC's ratings, including the corporate family rating (CFR to Caa1 from Caa2) and probability of default rating (PDR to Caa1-PD/LD from Caa2-PD). The "/LD" designation on the PDR reflects a limited default assignment by Moody's resulting from the company entering into an amendment with its lenders to extend the maturity on the first lien term loan to July 2024 from July 2021. Moody's has withdrawn the existing Caa2 rating on the amended senior secured credit facility maturing in July 2021 and has assigned a new Caa1 rating to the senior secured first lien term loan maturing in July 2024. The outlook remains negative. Belcan has also raised $95 million of second lien notes. Proceeds from the second lien debt, along with $15 million of new equity and asset backed loan (ABL) borrowings was used to repay a part of first lien term debt at par and to fund the Telesis acquisition. As a part of the amendment, the company has reset its senior net first lien leverage ratio in 2021 with future step downs resulting in considerable headroom. Moody's views the maturity extension as a distressed exchange because it results in a diminished first lien term loan obligation with the effect of the transaction being the avoidance of a default. Moody's has subsequently appended the PDR with an "/LD" designation indicating the limited default has occurred, and the "/LD" designation will be removed in three days. "The maturity extension has alleviated Belcan's refinancing risk associated with its 2021 debt maturities, although the transaction, including the Telesis acquisition, has resulted in higher debt levels and debt service obligation", says Shirley Singh, Moody's lead analyst for the company. The following rating actions were taken: Upgrades: Issuer: Propulsion Acquisition, LLC Probability of Default Rating, Upgraded to Caa1-PD /LD from Caa2-PD Corporate Family Rating, Upgraded to Caa1 from Caa2 Assignments: Issuer: Propulsion Acquisition, LLC Senior Secured Bank Credit Facility, Assigned Caa1 (LGD3) Withdrawals: Issuer: Propulsion Acquisition, LLC Senior Secured Bank Credit Facility, Withdrawn, previously rated Caa2 (LGD4) Outlook Actions: Issuer: Propulsion Acquisition, LLC Outlook, Remains Negative RATING RATIONALE Belcan's Caa1 CFR reflects the company's elevated leverage in excess of 7.0x and aggressive financial policies exhibited by debt-financed acquisitions. Pro forma for the Telesis acquisition, Belcan's adjusted debt-to-EBITDA is estimated to be 7.5x as of June 2020. Moody's believes that a sustained recovery in the company's profitability will be constrained by the tenuous market conditions, particularly in the commercial aerospace industry that will offset growth in the defense and government services sector. As a result, Belcan's leverage and cash flow metrics will remain volatile for the remainder of 2020 and into 2021. The rating is also constrained by the cyclical nature of many of the end markets served by Belcan's customers, and a high degree of customer concentration. Nonetheless, the rating is supported by the company's solid market position, its long-standing customer relations and diversification benefits from recent acquisitions serving stable government services and defense sectors. Belcan's governance risk is high characterized by its history of partially debt-financed acquisitions and a dividend in 2018. The negative outlook reflects Moody's expectation that weakness in Belcan's end markets will continue to pressure the company's earnings, reducing free cash flow to modest levels. FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS The ratings could be upgraded if economic and market conditions stabilize, revenue and earnings growth turn positive, adjusted debt-to-EBITDA is sustained below 7.0x and EBITA-to-interest is sustained above 1.0x The ratings could be downgraded if the company's earnings and liquidity weaken such as risk of covenant breach or default arises. The principal methodology used in these ratings was Business and Consumer Service Industry published in October 2016. Headquartered in Cincinnati, Ohio, Propulsion Acquisition, LLC (dba Belcan) provides engineering services, technical staffing solutions and information technology services to customers in a wide variety of end-markets including propulsion, avionics, chemical, heavy equipment, automotive, government, and energy. Belcan is owned by AE Industrial Partners. Reported revenue for twelve months ended June 2020 was $711 million. PUBLISHED PAGE: Court Confirms Plan of Reorganization ----------------------------------------------------- Published Page, LLC has won approval of its Disclosure Statement and confirmation of its Plan. The Plan as modified contains changes with respect to the Class 2 Allowed Secured Claim of Keith and Kathy Mendenwaldt by agreement with the holders of such Claims to resolve their objections to confirmation and to change their vote to accept the Plan. The Plan has been proposed in good faith and not by any means forbidden by law. The Class 1 Creditor did not vote for or against the Plan. To the extent there are any Allowed Claims that fall in Class 1, then pursuant to Section 1129(b), the Plan's proposed treatment of Class 1 Claims is fair and equitable and does not discriminate unfairly. The Class 2 Creditors have accepted the Plan. The Class 3 Creditors have accepted the Plan. The Class 4 Interests are not impaired under the Plan. The Holders of Allowed Administrative Claims will be paid in full. The Holders of Allowed Priority Claims will be paid pursuant to Section 1129. A copy of the Plan Confirmation Order is available at: https://www.pacermonitor.com/view/SLQMIFI/The_Published_Page_LLC__txnbke-19-44847__0045.0.pdf?mcid=tGE4TAMA Attorneys for Debtor: Joyce W. Lindauer Joyce W. Lindauer Attorney, PLLC 1412 Main Street, Suite 500 Dallas, Texas 75202 About The Published Page Based in Arlington, Texas, The Published Page LLC, filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No. 19-44847) on Nov. 29, 2019, listing under $1 million in both assets and liabilities. Joyce W. Lindauer, Esq. at Joyce W. Lindauer Attorney, PLLC, serves as the Debtor's counsel. QUANTUM CORP: Signs $50 Million Sales Agreement with B. Riley ------------------------------------------------------------- Quantum Corporation entered into a sales agreement with B. Riley Securities, Inc., under which the Company may sell shares of its common stock from time to time having an aggregate offering price of up to $50,000,000, depending upon market demand, with the Sales Agent acting as agent and/or principal for sales. Pursuant to the Agreement, the Company may offer and sell the shares in transactions deemed to be an "at-the-market" offering as defined in Rule 415 of the Securities Act of 1933. The Company will pay the Sales Agent a commission equal to 3% of the gross proceeds from the sale of shares of common stock by it as agent under the Agreement. The Agreement provides that the Company will provide customary indemnification rights to the Sales Agent. The Company has no obligation to sell any shares of common stock pursuant to the Agreement and may at any time suspend sales pursuant to the Agreement. Either party may terminate the Agreement at any time without liability of any party. The Company intends to use the net proceeds from any sales made under the Agreement to repay indebtedness owed under the Term Loan Credit and Security Agreement dated Dec. 27, 2018 with U.S. Bank, National Association and the various lenders party thereto. After paying amounts due under the Loan Agreement, or to the extent permitted under the Loan Agreement, the Company may use any remaining net proceeds for working capital and general corporate purposes. The shares of common stock will be sold pursuant to a new shelf registration statement on Form S-3 which will be filed by the Company with the Securities and Exchange Commission, including a prospectus and a prospectus supplement, but the registration statement has not yet become effective. Interested investors should read the registration statement, prospectus and prospectus supplement and all documents incorporated therein by reference. B. Riley Financial, Inc., the parent company of the Sales Agent, is the beneficial owner of approximately 21% of the Company's outstanding shares of Common Stock, including shares owned indirectly through the Sales Agent or other subsidiaries of B. Riley Financial, Inc. In addition, John A. Fichthorn, a member of our board of directors, was Head of Alternative Investments at B. Riley Capital Management, LLC, a wholly-owned subsidiary of B. Riley Financial, Inc., from April 2017 until May 2020. In May 2020, Mr. Fichthorn became a consultant for B. Riley Capital Management, LLC, with such consultancy to conclude on November 30, 2020. In recognition of the foregoing relationships and in accordance with the Company's related party transaction policy, the Company implemented a series of steps to address potential conflicts, which conflict mitigation steps included presenting to the audit committee of the board of directors of the Company, which is comprised solely of independent directors, for its review and approval of the related party aspects of Agreement. Upon its review the Agreement and transactions contemplated thereunder were approved by the Audit Committee. About Quantum Corp. Based in San Jose, California, Quantum Corp. (NYSE:QTM) -- http://www.quantum.com-- provides technology and services that stores and manages video and video-like data delivering the industry's top streaming performance for video and rich media applications, along with low cost, high density massive-scale data protection and archive systems. The Company helps customers capture, create and share digital data and preserve and protect it for decades. Quantum Corporation reported a net loss of $5.21 million for the year ended March 31, 2020, a net loss of $42.80 million for the year ended March 31, 2019, and a net loss of $43.35 million for the year ended March 31, 2018. As of Sept. 30, 2020, the Company had $173.28 million in total assets, $369.52 million in total liabilities, and a total stockholders' deficit of $196.24 million. QUEEN ELIZABETH: Seeks to Hire Joseph A. Broderick as Accountant ---------------------------------------------------------------- Queen Elizabeth Realty Corp. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire Joseph A. Broderick, P.C. as accountant. The firm will prepare monthly operating statements, prepare and file all documents regarding pre and post-petition taxes, and keep the books and records of the Debtor. The firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The accountant can be reached through: Joseph A. Broderick, CPA JOSEPH A. BRODERICK, P.C. 734 Walt Whitman Rd. Melville, NY 11747 Telephone: (631) 462-1779 About Queen Elizabeth Realty Corp. Based in New York, N.Y., Queen Elizabeth Realty Corp. is primarily engaged in renting and leasing real estate properties. Queen Elizabeth realty sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case no. 20-73327) on Nov. 3, 2020. In the petition signed by Myint Kyaw, president, the Debtor disclosed $29,116,238 in liabilities. Judge Louis A. Scarcella oversees the case. Rosen & Kantrow, PLLC is Debtor's legal counsel. QUESOS DEL PAIS: Court to Consider Status Report, Plan March 16 --------------------------------------------------------------- In the Chapter 11 case of Quesos Del Pais La Esperanza Inc., on Sept. 28, 2020, the United States Trustee filed the report submitted by the examiner, CPA Jose A. Diaz Crespo. Judge Enrique S. Lamoutte has entered an order that a hearing to consider the status report and pending matters of Quesos Del Pais La Esperanza Inc is scheduled for March 16, 2021 at 2:00 P.M. via Skype for Business. Parties in interest will file their position regarding the final approval of the Disclosure Statement and confirmation of the Chapter 11 small business Plan in light of the examiner's report 14 days prior to the hearing. About Quesos Del Pais La Esperanza Quesos Del Pais La Esperanza Inc. filed a Chapter 11 bankruptcy petition (Bankr. D.P.R. Case No. 18-06529) on Nov. 6, 2018, disclosing under $1 million in assets and liabilities. The Debtor hired Garcia-Arregui & Fullana, as attorney. QUEST GROUP: Association Says Disclosures Is Deficient ------------------------------------------------------ Secured Creditor, Venetian Isles Master Association, Inc., objects to the Quest Group Holding, LLC's Second Amended Disclosure Statement. Association objects to the Disclosure Statement because it fails to provide adequate information necessary for interested parties to make an informed decision on the adequacy of the disclosure or the acceptance or rejection of the Plan. Association points out that there is a lack of disclosure on the status of the Association's secured claim against the Property. Association further points out that the Disclosure Statement is deficient with regard to the status of the Association and its secured claim, and Association asserts that the Disclosure Statement is deficient and inadequate for an informed creditor to consider the Debtor's intentions with its Plan and should therefore not be approved. Attorneys for Association: Jeffrey S. Berlowitz, Esq. Siegfried Rivera 201 Alhambra Circle, 11TH Floor Coral Gables, FL 33134 Tel: 305-442-3334 Fax: 305-443-3292 E-mail: jberlowitz@siegfriedrivera.com About Quest Group Holding Quest Group Holding, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 18-21776) on Sept. 25, 2018. In the petition signed by Eddrian Burciaga, owner, the Debtor was estimated to have assets of less than $1 million and liabilities of $1 million to $10 million. Judge Jay A. Cristol oversees the case. The Debtor tapped Marrero, Chamizo, Marcer, Law, LP, as its legal counsel. QUEST GROUP: Unsecureds Will Recover 5% Under Plan -------------------------------------------------- Quest Group Holdings LLC submitted a Third Amended Disclosure Statement. Quest owns two single family houses that it intends to hold for the foreseeable future as rental properties. The debtor purchased the Deeds to both properties. One of the properties needed extensive renovation and was subject to a mortgage in excess of its improved value, ad valorem taxes, and arrears to its homeowners association. The second property had arrears in ad Valorem taxes. The Plan treats claims as follows: * Class 1. Secured claim of Ocwen Loan Servicing, LLC as servicing agent for HSBC Bank USA, National Association. HSBC will retain is lien and other rights but will not receive its claim in full unless it agrees otherwise. The unsecured portion of HSBC's claim will be paid pro rata with the other unsecured creditors in Class 2. * Class 2. Secured claim of Venetian Isles Master Association, Inc's., that the debtor will pay in full pursuant to an agreement negotiated between the parties. * Class 3. Partially secured holder of lien on real property located at 2962 NW 46 Street, Miami, Florida 33142-4426. The debtor is attempting to resolve this creditor's claim directly this creditor outside of this case and will not otherwise affect this debtor other creditor's as there will be not distribution. * Class 4. This class is impaired and consists of general unsecured claims. This class is impaired. This class shall receive a pro rata distribution of five percent (5%), of allowed claim over three (3) years The effective date of the plan will occur thirty (30) days after the date of confirmation of the Debtor/s Plan of Reorganization. The estimated amount of claims or not objected to creditors is estimated to be approximately than seven hundred fifty thousand dollars ($750,000.00). * Class 5. Administrative Convenience Class. This class is comprised of unsecured creditors with claims who choose to reduce their claims to two thousand five hundred dollars ($2,500.00). Creditors in this class will receive twenty percent (25%) of their allowed claims to be paid beginning on the effect date of the plan and in three each payment to be made on the each subsequent ninetieth day after the effective day of the Plan until paid in full. * Class 6. The class consists of the partners/equity security holders will retain their interest with the debtor in their business. The principals of the Debtor will contribute any amounts needed by the debtor to fund the initial payment under the debtor's plan. The Debtor estimates that it will provide the sum of $15,000 for the initial payment under the Plan. The Debtor will fund, other than as described herein, any other payments due pursuant to the Plan from first the sale of the completed homes. A full-text copy of the Third Amended Disclosure Statement dated October 7, 2020, is available at https://tinyurl.com/y3pze4zm from PacerMonitor.com at no charge. Attorney for the Debtor: Richard Siegmeister, Esquire Richard Siegmeister P.A. 3850 Bird Road, Floor 10 Miami, Florida 33146 Tel: 305 859-7376 E-mail: rspa111@att.net rspalaw@att.net About Quest Group Holding Quest Group Holding, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 18-21776) on Sept. 25, 2018. In the petition signed by Eddrian Burciaga, owner, the Debtor was estimated to have assets of less than $1 million and liabilities of $1 million to $10 million. Judge Jay A. Cristol oversees the case. The Debtor tapped Marrero, Chamizo, Marcer, Law, LP, as its legal counsel. REIHNER ENTERPRISES: Court Confirms Reorganization Plan ------------------------------------------------------- Reihner Enterprises, Inc., has won confirmation of its Chapter 11 Plan of Reorganization. On Sept. 30, Judge Arthur Harris approved the Disclosure Statement and set a hearing for Nov. 10, 2020 to consider confirmation of the Plan. Under the Plan, Class Three General Unsecured Claims are impaired and will be paid at the rate of 25% over five years as shown in Debtor's projections. A copy of the Plan Confirmation Order is available at: https://www.pacermonitor.com/view/7BET7DA/Reihner_Enterprises_Inc__ohnbke-18-16436__0089.0.pdf The Debtor's counsel: Glenn E. Forbes, Esq. FORBES LAW LLC Main Street Law Building 166 Main Street | Painesville, OH 44077 Voice: (440) 739-6211 ext. 128 Fax: (440) 357-1634 | eFax: 1-888-807-6985 gforbes@geflaw.net | bankruptcy@geflaw.net About Reihner Enterprises Reihner Enterprises, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ohio Case No. 18-16436) on Oct. 25, 2018. At the time of the filing, the Debtor was estimated to have assets of less than $50,000 and liabilities of less than $500,000. Judge Arthur I. Harris oversees the case. The Debtor tapped Forbes Law LLC as its legal counsel. REVIV3 PROCARE: Needs Sufficient Revenue to Stay as Going Concern ----------------------------------------------------------------- Reviv3 Procare Company filed its quarterly report on Form 10-Q, disclosing a net loss of $69,269 on $268,454 of sales for the three months ended Aug. 31, 2020, compared to a net income of $100,609 on $125,682 of sales for the same period in 2019. At Aug. 31, 2020, the Company had total assets of $1,250,824, total liabilities of $799,490, and $451,334 in total stockholders' equity. Reviv3 Procare said, "The Company has a net loss of US$69,269 for the three months ended August 31, 2020, and has an accumulated deficit of US$4,880,178 at August 31, 2020. These factors raise substantial doubt about the Company's ability to continue as a going concern for a period of 12 months from the issuance date of this report. The ability of the Company to continue as a going concern is dependent on the Company's ability to implement its business plan, raise capital, and generate sufficient revenue; however, the Company's cash position may not be sufficient to support its daily operations. Management intends to raise additional funds by way of a private or public offering. While the Company believes in the viability of its strategy to further implement its business plan and generate sufficient revenue and in its ability to raise additional funds, there can be no assurances to that effect. The financial statements do not include any adjustments related to the recoverability and classification of recorded asset amounts or the amounts and classification of liabilities that might be necessary should the Company be unable to continue as a going concern." A copy of the Form 10-Q is available at: https://bit.ly/3o9OMIT Reviv3 Procare Company is engaged in the manufacturing, marketing, sale and distribution of professional quality hair and skin care products under various trademarks and brands. It has adopted and used the trademarks of its products for distribution throughout the United States, Canada, Europe, and Asia pursuant to the terms of twelve exclusive distribution agreements with various parties throughout our targeted market. Its manufacturing operations are outsourced and fulfilled by co-packers and manufacturing partners. Currently, Reviv3 produces seven products with sixteen separate stock-keeping units ("SKUs"). ROBERT A. RYALS: Selling Interest in Ashland Property for $175K --------------------------------------------------------------- Robert A. Ryals filed with the U.S. Bankruptcy Court for the Northern District of Alabama a notice of his private sale of his rights, title, and interest to property located at 387 Ryals Road, Ashland, Alabama, as described on Exhibit A, to Donald Bruce Lowery for $175,000. During the pendency of the bankruptcy case, the Debtor has not employed a real estate Broker to assist in the sale of the property sought to be sold pursuant to the Notice and Motion, and no commission is owed by the estate arising out of the sale of the property. The Debtor proposes to sell the Property by Private Sale to the Buyer for $175,000. The Debtor's wife is also selling her interest in said property for $175,000, for a total sale's price of $350,000. The real property will be sold free and clear of the following liens, mortgages, claims or other interests: the judgment lien of Jeffrey H. Garrison and Jennifer Garrison obtained the Circuit Court of Randolph County in case number CV2009-900049 on Feb. 2, 2014 in the amount of $202,800 plus $879. The sale will be "as is, where is" with no warranty of any type whatsoever. Provided the sale takes place on Dec. 15, 2020, the judgment lien of Garrisons described will be satisfied in full by the payment of $215,000 otherwise the entire judgment amount including accrued interest will be required for satisfaction of their judgement lien. All other liens, claims, mortgages, or other interests will attach to the proceeds of the sale. The Garrisons will be paid at closing. Time is of the essence in the closing of the transaction as the agreements with the creditors and the Debtor's proposed Plan both provide for the payment of the Garrisons and Southern States Bank on Dec. 15, 2020. Finally, the Debtor asks the Court to waive the stay provisions set forth in Rule 6004(h) to allow the sale to take place as soon as practicable. A copy of the Exhibit A is available at https://tinyurl.com/y45uwc9s from PacerMonitor.com free of charge. Robert A. Ryals sought Chapter 11 protection (Bankr. N.D. Ala. Case No. 19-41509) on Sept. 8, 2019. The Debtor tapped Harry P. Long, Esq., at The Law Office of Harry P. Long, LLC as counsel. RUBY TUESDAY: Closes Last Location at Jersey Shore -------------------------------------------------- David P. Willis of Asbury Park Press reports that bankrupt casual dining chain Ruby Tuesday has closed its last restaurant in the Jersey Shore area. A closed sign has gone up at Ruby Tuesday on Route 37 in Toms River. "We are sorry for any inconvenience that this might have caused you," the sign states. The restaurant is located at the Orchards at Dover shopping center near Toms River's border with Manchester. "After careful consideration, we decided to close the Toms River, NJ location in an effort to better position our restaurants for future business," said Jenifer Boyd Harmon, chief marketing officer for Ruby Tuesday, in a statement to What's Going There. TOMS RIVER - Bankrupt casual dining chain Ruby Tuesday has closed its last restaurant in the Jersey Shore area. A closed sign has gone up at Ruby Tuesday on Route 37 in Toms River. "We are sorry for any inconvenience that this might have caused you," the sign states. The restaurant is located at the Orchards at Dover shopping center near Toms River's border with Manchester. "After careful consideration, we decided to close the Toms River, NJ location in an effort to better position our restaurants for future business," said Jenifer Boyd Harmon, chief marketing officer for Ruby Tuesday, in a statement to What's Going There. "We value the dedication and hard work of all our employees and we greatly appreciate the community that has supported us." The company filed Chapter 11 bankruptcy protection in October 2020. On Nov. 20, 2020, a bankruptcy court judge approved a process to sell its assets at auction with bids due in January. In recent months, Ruby Tuesday closed at Monmouth Mall in Eatontown. In May 2020, restaurants were closed at Freehold Raceway Mall, Route 70 in Lakewood and Route 66 in Neptune. The company, which was taken private in early 2018, has been struggling for years, and has been closing restaurants. Before the most recent closings, it shuttered its location on Route 9 in Howell in 2018. The spot is now Arooga's. About Ruby Tuesday Founded in 1972 in Knoxville, Tennessee, Ruby Tuesday, Inc. -- http://www.rubytuesday.com/-- is dedicated to delighting guests with exceptional casual dining experiences that offer uncompromising quality paired with passionate service every time they visit. From signature handcrafted burgers to the farm-grown goodness of the Endless Garden Bar, Ruby Tuesday is proud of its long-standing history as an American classic and international favorite for nearly 50 years. The Company currently owns, operates and franchises casual dining restaurants in the United States, Guam, and five foreign countries under the Ruby TuesdayÂ® brand. On Oct. 7, 2020, Ruby Tuesday, Inc., and 50 affiliates sought Chapter 11 protection. The lead case is In re RTI Holding Company, LLC (Bankr. D. Del. Lead Case No. 20-12456). Ruby Tuesday was estimated to have $100 million to $500 million in assets as of the bankruptcy filing. The Hon. John T. Dorsey is the case judge. Ruby Tuesday is advised by Pachulski Stang Ziehl & Jones LLP as legal counsel, CR3 Partners, LLC, as financial advisor, FocalPoint Securities, LLC, as investment banker, and Hilco Real Estate, LLC, as lease restructuring advisor. Epiq is the claims agent, maintaining the page https://dm.epiq11.com/RubyTuesday RUBY TUESDAY: Court Approves Rent Deferrals in Chapter 11 --------------------------------------------------------- Law360 reports that amid disputes over the Bankruptcy Code's reach, rules and precedents, a Delaware judge on Monday, November 30, 2020, granted final approval to Ruby Tuesday's plan to defer rent payments for the first 60 days of its case, and potentially beyond. U.S. Bankruptcy Judge John T. Dorsey rejected arguments that the debtors were obliged to pay up after passage of the 60th day, as well as assertions that subsequent claims for unpaid rent would have super-priority administrative claim status. "The landlords are always free to file whatever motions they think are necessary to protect their rights," Judge Dorsey said. About Ruby Tuesday Founded in 1972 in Knoxville, Tennessee, Ruby Tuesday, Inc. -- http://www.rubytuesday.com/-- is dedicated to delighting guests with exceptional casual dining experiences that offer uncompromising quality paired with passionate service every time they visit. From signature handcrafted burgers to the farm-grown goodness of the Endless Garden Bar, Ruby Tuesday is proud of its long-standing history as an American classic and international favorite for nearly 50 years. The Company currently owns, operates and franchises casual dining restaurants in the United States, Guam, and five foreign countries under the Ruby TuesdayÃ‚Â® brand. On Oct. 7, 2020, Ruby Tuesday, Inc., and 50 affiliates sought Chapter 11 protection. The lead case is In re RTI Holding Company, LLC (Bankr. D. Del. Lead Case No. 20-12456). Ruby Tuesday was estimated to have $100 million to $500 million in assets as of the bankruptcy filing. The Hon. John T. Dorsey is the case judge. Ruby Tuesday is advised by Pachulski Stang Ziehl & Jones LLP as legal counsel, CR3 Partners, LLC, as financial advisor, FocalPoint Securities, LLC, as investment banker, and Hilco Real Estate, LLC, as lease restructuring advisor. Epiq is the claims agent, maintaining the page https://dm.epiq11.com/RubyTuesday RUMBLEON INC: Says Substantial Going Concern Doubt Exists --------------------------------------------------------- RumbleOn, Inc., filed its quarterly report on Form 10-Q, disclosing net income of $1,486,915 on $117,257,404 of total revenue for the three months ended Sept. 30, 2020, compared to a net loss of $8,871,781 on $220,320,323 of total revenue for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $73,714,621, total liabilities of $64,204,856, and $9,509,765 in total stockholders' equity. The Company said that its current circumstances including uncertainties due to COVID-19 pandemic raise substantial doubt about its ability to operate as a going concern. A copy of the Form 10-Q is available at: https://bit.ly/3ljHRLk Serving both consumers and dealers, through its online marketplace platform, RumbleOn, Inc., makes cash offers for the purchase of pre-owned vehicles. In addition, the Company offers a large inventory of pre-owned vehicles for sale along with third-party financing and associated products. The Company is based in Irving, Texas. The Company's operations are designed to be scalable by working through an infrastructure and capital light model that is achievable by virtue of a synergistic relationship with its regional partners, which are primarily auctions. The Company utilizes regional partners in the acquisition of pre-owned vehicles to provide inspection, reconditioning and distribution services. These regional partners earn incremental revenue and enhance profitability through fees from inspection, reconditioning and distribution programs. SADDLEBROOK RESORTS: Has $1.9M Net Loss for Sept. 30 Quarter ------------------------------------------------------------ Saddlebrook Resorts, Inc. filed its quarterly report on Form 10-Q, disclosing a net loss of $1,930,362 on $1,724,182 of revenues for the three months ended Sept. 30, 2020, compared to a net loss of $2,368,648 on $3,505,158 of revenues for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $17,528,134, total liabilities of $14,965,409, and $2,562,725 in total shareholders' equity. Saddlebrook Resorts said, "The current economic conditions, expected effect on the Company's results of operations and financial position, and uncertainty of the length or severity of the outbreak raise substantial doubt about the Company's ability to continue as a going concern." A copy of the Form 10-Q is available at: https://bit.ly/3miaoCk Saddlebrook Resorts, Inc., operates Saddlebrook Resort, a condominium resort and residential homes project located in Wesley Chapel, Florida. The company's resort includes accommodations, convention facilities, restaurants, tennis courts, and other recreational areas, as well as two golf courses and a spa. It serves corporate meeting planners and sports enthusiasts. The company was incorporated in 1979 and is based in Wesley Chapel, Florida. Saddlebrook Resorts, Inc. is a subsidiary of Saddlebrook Holdings, Inc. SAEXPLORATION HOLDINGS: Has $30.0MM Net Loss for Sept. 30 Quarter ----------------------------------------------------------------- SAExploration Holdings, Inc., filed its quarterly report on Form 10-Q, disclosing a net loss of $30,015,000 on $2,171,000 of revenues from services for the three months ended Sept. 30, 2020, compared to a net loss of $12,985,000 on $23,274,000 of revenues from services for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $76,418,000, total liabilities of $140,257,000, and $63,839,000 in total stockholders' deficit. The Company said, "Given the uncertainty surrounding the Chapter 11 Cases, there is substantial doubt about our ability to continue as a going concern. The accompanying unaudited condensed consolidated financial statements included herein have been prepared on a going concern basis in accordance with generally accepted accounting principles in the United States. The going concern basis assumes that we will continue in operation for the next 12 months and will be able to realize our assets and discharge our liabilities and commitments in the normal course of business. Our unaudited condensed consolidated financial statements do not include any adjustments that might be necessary if we are unable to continue as a going concern. If we cannot continue as a going concern, adjustments to the carrying values and classification of our assets and liabilities and the reported amounts of income and expenses could be required and could be material." A copy of the Form 10-Q is available at: https://bit.ly/36ghjGo SAExploration Holdings, Inc., provides seismic data acquisition, logistical support, and processing services to customers in the oil and natural gas industry in North America, South America, the Asia Pacific, and West Africa. The company's seismic data acquisition services include program design, planning and permitting, camp, survey and drilling, recording, reclamation, and in-field data processing. It acquires 2D, 3D, time-lapse 4D, and multi-component seismic data on land, in transition zones between land and water, and in offshore in depths reaching 3,000 meters. The company operates crews that are supported by approximately 160,000 owned land channels of seismic data acquisition equipment and other leased equipment. It serves integrated oil companies, national oil companies, and independent oil and natural gas exploration and production companies. The company was founded in 2011 and is headquartered in Houston, Texas. SANDRIDGE PERMIAN: Has $654,000 Income for Quarter Ended Sept. 30 ----------------------------------------------------------------- SandRidge Permian Trust filed its quarterly report on Form 10-Q, disclosing a distributable income available to unitholders of $654,000 on $1,664,000 of total revenues for the three months ended Sept. 30, 2020, compared to a distributable income available to unitholders of $4,671,000 on $6,068,000 of total revenues for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $18,594,000, total liabilities of $0, and $18,594,000 in trust corpus. The Company said, "As the COVID-19 pandemic continues to show no signs of abating and has recently resurged in the United States, Avalon has informed the Trust that it believes crude oil prices will continue to fluctuate for the remainder of 2020 and beyond. Avalon has informed the Trustee that, due to such uncertainty, combined with (a) the reduced revenues generated from operation of the Underlying Properties during the nine-month period ended September 30, 2020 (as compared to the nine-month period ended September 30, 2019), resulting from the continuing decline in production of crude oil from Trust Wells and (b) the fact that Avalon does not have the cash needed to make the payment due to the Trust, together with accrued interest, for the three-month period ended March 31, 2020, Avalon believes that the aggregate cash available for distribution, after expenses and any reserves established by the Trustee, will be less than US$5 million for the four consecutive quarters ending December 31, 2020. Therefore, it is highly likely that the Trust will be required to commence dissolution on the Quarterly Payment Date (as defined in the Trust Agreement) with respect to the quarter ending December 31, 2020, which is expected to be on or about February 22, 2021. The Trustee would then commence winding-up the business and affairs of the Trust in accordance with the terms of the Trust Agreement, including among other things, selling all of the Trust's remaining assets, paying or making provision for the payment of all anticipated or contingent Trust expenses or liabilities, distributing all remaining cash to Trust unitholders, and thereafter terminating the Trust. Due to this uncertainty, there is substantial doubt regarding the Trust's ability to continue as a going concern within one year after the date that the financial statements are issued. The Trust's financial statements do not include any adjustments that might result from the outcome of this uncertainty." A copy of the Form 10-Q is available at: https://bit.ly/33mzlFd SandRidge Permian Trust is headquartered in Houston, Texas. The Trust is a statutory trust formed under the Delaware Statutory Trust Act pursuant to a trust agreement, as amended and restated, by and among SandRidge Energy, Inc., as Trustor, The Bank of New York Mellon Trust Company, N.A., as Trustee, and The Corporation Trust Company, as Delaware Trustee. The Trust holds royalty interests in specified oil and natural gas properties located in Andrews County, Texas. These royalty interests were conveyed by SandRidge to the Trust concurrent with the initial public offering of the Trust's common units in August 2011 pursuant to the terms set forth in conveyancing documents effective April 1, 2011. SEADRILL PARTNERS: Case Summary & 30 Largest Unsecured Creditors ---------------------------------------------------------------- Lead Debtor: Seadrill Partners LLC 566 Chiswick High Road Chiswick Business Park London, United Kingdom, W4 5YS Business Description: Seadrill Partners LLC -- https://seadrillpartners.com -- is a global leader in offshore drilling – owning, operating, and acquiring offshore drilling rigs. The Company operates in benign and harsh environments around the world and manages a fleet comprising drillships, semi- submersible, and tender rigs. Chapter 11 Petition Date: December 1, 2020 Court: United States Bankruptcy Court Southern District of Texas Twenty-nine affiliates that concurrently filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code: Debtor Case No. ------ -------- Seadrill Partners LLC (Lead Debtor) 20-35740 Seabras Rig Holdco Kft. 20-35742 Seadrill Auriga Hungary Kft. 20-35746 Seadrill Canada Ltd. 20-35749 Seadrill Capricorn Holdings LLC 20-35755 Seadrill China Operations Ltd. 20-35759 Seadrill Deepwater Drillship Ltd. 20-35741 Seadrill Ghana Operations Ltd. 20-35744 Seadrill Mobile Units (Nigeria) Ltd. 20-35766 Seadrill Gulf Operations Auriga LLC 20-35748 Seadrill Gulf Operations Sirius LLC 20-35752 Seadrill Gulf Operations Vela LLC 20-35756 Seadrill Hungary Kft. 20-35739 Seadrill International Ltd. 20-35761 Seadrill Leo Ltd. 20-35764 Seadrill OPCO Sub LLC 20-35763 Seadrill Operating GP LLC 20-35760 Seadrill Operating LP - Seadrill Partners B.V. 20-35753 Seadrill Partners Finco LLC 20-35750 Seadrill Partners Malaysia Sdn. Bhd. 20-35745 Seadrill Partners Operating LLC 20-35743 Seadrill Polaris Ltd. 20-35747 Seadrill T-15 Ltd. 20-35751 Seadrill T-16 Ltd. 20-35754 Seadrill Texas LLC 20-35738 Seadrill US Gulf LLC 20-35758 Seadrill Vela Hungary Kft. 20-35762 Seadrill Vencedor Ltd. 20-35765 Judge: Hon. Marvin Isgur Debtors' Counsel: Matthew D. Cavenaugh, Esq. JACKSON WALKER L.L.P. 1401 McKinney Street, Suite 1900 Houston, Texas 77010 Tel: (713) 752-4200 Email: mcavenaugh@jw.com Total Assets as of June 30, 2020: $4,579,300,000 Total Debts as of June 30, 2020: $3,122,300,000 The petition was signed by Mohsin Y. Meghji, authorized signatory. A copy of the petition is available for free at PacerMonitor.com at: https://www.pacermonitor.com/view/QSLKD7Q/Seadrill_Partners_LLC__txsbke-20-35740__0001.0.pdf?mcid=tGE4TAMA List of Debtors' 30 Largest Unsecured Creditors: Entity Nature of Claim Claim Amount ------ --------------- ------------ 1. Seadrill Limited Contract $55,652,675 2nd Floor, Building 11, Chiswick Business Park, 566 Chiswick High Road, London W4 5YS, UK Sandra Redding Tel: 336-282-9088 Email: Sandra.redding@seadrill.com 2. Transocean Settlement $6,666,667 4 Greenway Plz Houston, TX 77027 Brady Long Tel: 41-41-749-0500 Email: Brady.long@deepwater.com 3. Marsh AS Trade Payable $3,808,920 Karenslyst Alle 20, 0278, Oslo, Oslo Norway Susan A. Stone Tel: 212-345-5000 Email: broker.seadrill@marsh.com 4. Baker & Hostetler LLP Professional $900,816 Key Tower, 127 Public Square Suite 2000 Cleveland, OH 44114 John D. Parker Tel: 212-589-4200 Email: jparker@bakerlaw.com 5. Prime Ocean Personnel Trade Payable $325,594 Services LLC 1300 Rayford Park Road, Spring, TX 77386 Jennifer Massari Tel: 832-616-3458 Email: info@primeoceangroup.com 6. Dammers Ship Agencies Trade Payable $290,193 Kaya Flamboyan 11, Willemstad, Curacao Robert van Heulen; Email: general@dammers-group.com Tel: 599-737-0600 7. Puglisevich Crews And Trade Payable $286,537 Services Limited 611 Torbay Rd, St. John's, NL A1A 5J1, Canada Bob Barron Tel: 709-722-2744 Email: bob.barron@puglisevich.com 8. Speedcast Trade Payable $238,961 Communications (India) PVT Ltd. 501, Sheetal Enclave, Malad West Mumbia Mumbai City MH 400064 IN Email: bhargavi.gadre@bharucha.in 9. Oil And Gas Trade Payable $194,446 International FZE PO Box 49743 Hamriyah Free Zone Phase-1, Sharjah, UAE Ranjith Samansiri Tel: 971-6-5264868 Email: mail@ogi-fze.com 10. Eastern Petro Trade Payable $134,788 Technologies India PVT Ltd. Samalkota-Kakinada Bypass, Kakinada Industrial Area, Kakinada, Andhra Pradesh 533005, India Chakradhar Prasad Mavulti Tel: 91-891-2516680 Email: info@easternpetro.biz 11. BDO, LLP Professional $132,679 622 3rd Ave #3100 New York, NY 10017 Judith Grimmer Tel: 312-729-7958 Email: jgrimmer@bdo.com 12. Oceaneering Solus Trade Payable $131,602 (Malaysia) SDN BHD No.2 Jalan Sungai Kayu Ara 32/31, Berjaya Industrial Park, Seksyen 32, 40460 Shah Alam, Selangor, Malaysia Mark Peterson Tel: 603-2174-9200 Email: malaysia-ooi@oceaneering.com 13. Workstrings Trade Payable $131,097 International, LLC 1150 Smede Hwy, Broussard, LA 70518 Brian Mouille Tel: 47-5131-3950 Email: bmouille@workstrings.com 14. Wellbore Integrity Trade Payable $115,247 Solutions, LLC 1310 Rankin Rd, Houston, TX 77073 Todd Strickler Tel: 281-975-500 Email: Todd.strickler@wellboreintegrity.com 15. DF Barnes Trade Payable $112,401 Fabrications Limited 45 Pepperrell Rd, St. John's, NL A1A 5N8, Canada Catherine Ryan Tel: 709-726-6820 Email: cryan@dfbarnes.com 16. American Bureau of Trade Payable $109,348 Shipping Chennai Rukmani Lakshmipathi Rd, Egmore, Chennai, Tamil Nadu 600008, India Bob Clyne Tel: 281-877-6000 91-95661-52907 Email: rclyne@eagle.org 17. Moody's Investors Service Trade Payable $101,151 7 World Trade Center, 250 Greenwich St, New York, NY 10007 John J. Goggins Tel: 212-553-1912 Email: john.goggins@moodys.com 18. Alvarez & Marsal Professional $100,635 North America 600 Madison Ave, New York, NY 10022 Scott Coleman Tel: 212-328-8671 Email: scoleman@alvarezandmarsal.com 19. Kesuma Shipping Trade Payable $81,101 SDN BHD-Labuan No. 17, Jalan Patau Patau Labuan, 87000 Labuan, Malaysia Tel: 6085-41-8908 Email: hussin.ba@kesuma.com.my 20. Sri Sai Oilfield Trade Payable $75,693 Equipments And Marine Services Plot no: 4-B, IDA, Industrial Estate, Vakalapudi, Kakinada, Andhra Pradesh 533005, India Andhra Pradesh Tel: 91-99892-91199 Email: ssoilfield@srisaioilfield.com 21. 3C Metal Asia Sdn Bhd Trade Payable $72,873 3C Metal / 3C Supply 3210 Route de Larvath 64150 Sauvelade France Philippe Boy Tel: 33-05-59-67-64-67 Email: office@3cmetal.com 22. Sodexo India Services Trade Payable $70,812 Private Limited 603, PS Srijan Corporate Park II, Salt Lake Bypass, GP Block, Sector V, Bidhannagar, Kolkata, West Bengal 700091, India Sonal Shah Email: sonal.shah@sodexo.com 23. Stavanger Engineering AS Trade Payable $57,220 Auglendsdalen 78, 4017 Stavanger, Norway Jan Robert Olsen Tel: 47-908-87-801 Email: jro@staveng.no 24. Tamrotor Marine Trade Payable $55,784 Compressors AS Professor Birkelands vei 24D, 1081 Oslo, Norway Hans Petter Tanum Tel: 47-992-17-040 Email: htanum@tmc.no 25. SapuraKencana Drilling Trade Payable $52,015 Asia Limited 23 Fl. Rasa Tower 1, 555 Phaholyothin Rd, Chatuchak, Bangkok 10900 Email: napawan.sondee@skdrilling.com 26. OCS Services (India) Trade Payable $51,982 Pvt Ltd. 407-411, Oberoi Chambers II, 645, 646, New Link Rd, Andheri West, Mumbai, Maharashtra 400053, India Utsav Shah Tel: 91-22-6640-9000 Email: ocsin@ocs.services 27. Marine Layup Trade Payable $50,163 Services PTE Ltd. 17 Upper Circular Rd, #02-00 Juta Building, Singapore 058415 Tel: 61-415-285-168 Email: enquiries(at)marinelayup.com 28. MSTS Asia Sdn Trade Payable $49,694 606 & 607, Jalan Melaka Raya 10, Taman Melaka Raya, 75000 Melaka, Malaysia Ts. Azhar Md Nayan Tel: 60-6-292-2069 Email: info@msts-my.org 29. Safety Management Trade Payable $46,108 Systems, LLC P.O. Box 98000 Lafayette, LA 70509 Scott Guidry Tel: 337-521-3400 30. Oceaneering Trade Payable $38,509 International GMBH 11911 FM 529 Houston, TX 77041 David Lawrence Tel: 713-329-4500 SEADRILL PARTNERS: Files for Voluntary Chapter 11 Protection ------------------------------------------------------------ Seadrill Partners LLC said Dec. 1, 2020, it had filed for Chapter 11 bankruptcy protection to restructure its debt. Seadrill Partners said it has been in negotiations with an ad hoc group of lenders under the Company's Term Loan B credit facility (the "TLB") regarding a consensual reorganization of the Company's balance sheet. In consultation with-and with the support of-the ad hoc group, the Company has filed voluntary petitions under chapter 11 of the Bankruptcy Code to preserve value and to continue the operation and marketing its assets. The Company intends to use the bankruptcy process to ensure that all customer, vendor and employee obligations are met without interruption and to complete a consensual restructuring of its debt. The filing is another sign of financial difficulties for the wider Seadrill Ltd oil drilling rig group. Seadrill Ltd, which owns 35% of Seadrill Partners, suspended its own interest payments in September after failing to agree amended terms for $5.7 billion of bank debt, and warned that owners may be left with nothing. Founded by Norwegian-born billionaire investor John Fredriksen, the Seadrill group of companies grew to become the world's most valuable drilling firm before a crash in oil prices in 2014 sent the company into restructuring. About Seadrill Partners Seadrill Partners LLC, an offshore drilling contractor, provides offshore drilling services to the oil and gas industry. Its primary business is the ownership and operation of drillships, semi-submersible rigs and tender rigs for operations in shallow to ultra-deepwater areas in both benign and harsh environments. The company was founded in 2012 and is headquartered in London, the United Kingdom. Seadrill Partners, set up as an asset-holding unit, owns four drillships, four semi-submersible rigs and three so-called tender rigs which are all operated by Seadrill Ltd. About Seadrill Ltd. Seadrill Limited (OSE:SDRL, OTCQX:SDRLF) -- http://www.seapdrill.com/-- is a deepwater drilling contractor providing drilling services to the oil and gas industry. As of March 31, 2018, it had a fleet of over 35 offshore drilling units that include 12 semi-submersible rigs, 7 drillships, and 16 jack-up rigs. On Sept. 12, 2017, Seadrill Limited sought Chapter 11 protection after reaching terms of a reorganization plan that would restructure $8 billion of funded debt. It emerged from bankruptcy in July 2018. Demand for exploration and drilling has fallen further during the COVID-19 pandemic as oil firms seek to preserve cash, idling more rigs and leading to additional overcapacity among companies serving the industry. In June 2020, Seadrill wrote down the value of its rigs by $1.2 billion and said it planned to scrap 10 rigs. Seadrill is presently in talks with lenders on a restructuring of its $5.7 billion bank debt. SEMBLANCE MEDSPA: Ombudsman Seeks to Tap Rivkin Radler as Counsel ----------------------------------------------------------------- Joseph Tomaino, the patient care ombudsman appointed in the Chapter 11 case of Semblance Medspa, LLC, seeks approval from the U.S. Bankruptcy Court for the Northern District of New York to employ Rivkin Radler, LLP as counsel. Rivkin Radler is expected to perform these legal services: (a) represent the ombudsman in any proceeding or hearing in the bankruptcy court, and in any action in other courts where the rights of the patients may be litigated or affected as a result of the case; (b) advise the ombudsman concerning the requirements of the Bankruptcy Code and Bankruptcy Rules and the requirements of the Office of the United States Trustee relating to the discharge of his duties under Section 333 of the Bankruptcy Code; and (c) perform other necessary legal services in accordance with the ombudsman's powers and duties as set forth in the Bankruptcy Code. The standard hourly rates of the principal attorneys proposed to represent the ombudsman are: James P. Lagios $375 Legal Clerks/Paralegals $115 Associates $225 - $290 James Lagios, Esq., at Rivkin Radler, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: James P. Lagios, Esq. Rivkin Radler LLP 66 South Pearl Street, 11th Floor Albany, NY 12207 Telephone: (518) 462-3000 Facsimile: (518) 462-4199 About Semblance Medspa Semblance Medspa LLC provides medical spa services in Albany, New York. It offers body sculpting and contouring, skin tightening, injectables, laser skin rejuvination, aesthetic treatments, PRP treatments, laser hair removal, laser vein treatment, skin care products, and IV hydration. Semblance Medspa filed a Chapter 11 petition (Bankr. N.D.N.Y. Case No. 20-11110) on Aug. 19, 2020. In the petition signed by Farah Sajid, owner, the Debtor disclosed $462,553 in assets and $1,551,854 in liabilities. Judge Robert E. Littlefield Jr. presides over the case. Nolan Heller Kauffman LLP, serves as Debtor's bankruptcy counsel. On Oct. 14, 2020, the United States Trustee for Region 2, appointed Joseph J. Tomaino as patient care ombudsman in the Debtor's Chapter 11 case. The ombudsman tapped Rivkin Radler, LLP as counsel. SERENDIPITY LABS: Seeks to Expand Scope of Glassratner's Employment ------------------------------------------------------------------- Serendipity Labs, Inc. seeks approval from the U.S. Bankruptcy Court for the Northern District of Georgia to expand the scope of employment of GlassRatner Capital & Advisory Group, LLC. The Debtor wishes to expand the engagement of the firm as valuation advisor to include the role of investment banker to: -- represent the Debtor, on an exclusive basis, to market and sell its assets; -- coordinate with Debtor, the development of due diligence materials; -- develop marketing materials for a sale transaction and communicate regularly with prospects; -- review pertinent documents; -- solicit offers for a sale transaction; -- assist Debtor in evaluating, structuring, negotiating and implementing the terms and conditions of a proposed sale transaction; -- communicate regularly with the Debtor and its professional advisors in connection with the status of its efforts; -- review, evaluate and analyze the financial ramifications of proposed transactions for which the Debtor may seek Bankruptcy Court approval; and -- provide financial advice and assistance to the Debtor in connection with a sale transaction and conduct a Section 363 auction to sell the Debtor. The firm's 2020 fee rates for accountants and investment bankers expected to work on the case range from $195 to $625 per hour. Marshall Glade, a managing director at GlassRatner Capital, disclosed in court filings that the firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Marshall Glade GlassRatner Capital & Advisory Group, LLC dba B. Riley Advisory Services 3445 Peachtree Road, Suite 1225 Atlanta, GA 30326 Telephone: (470) 346-6800 About Serendipity Labs Serendipity Labs, Inc. is a workplace-as-a-service company that offers co-working, shared offices and team suites. It has over 35 locations in urban, suburban and secondary markets across the United States. Serendipity Labs filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 20-68124) on July 15, 2020. John Arenas, chairman and chief executive officer, signed the petition. At the time of filing, the Debtor was estimated to have $10 million to $50 million in assets and $1 million to $10 million in liabilities. Judge Sage M. Sigler oversees the case. Nelson Mullins Riley & Scarborough, LLP is the Debtor's legal counsel. SHAKER RD: Seeks to Hire The Foley Company as Real Estate Broker ---------------------------------------------------------------- Shaker RD, LLC seeks approval from the U.S. Bankruptcy Court for the District of Massachusetts to employ The Foley Company as real estate broker. The Debtor needs the services of a real estate broker for the purpose of leasing its commercial real estate located in East Longmeadow, Mass. As compensation, Foley Company will get 4 percent of the gross aggregate base rent and 5 percent of the sale price if the properties are sold. Foley Company and its members are "disinterested persons" as that term is defined in section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: John Foley The Foley Company 1242 Main Street Springfield, MA 01103 Telephone: (413) 736-5295 Facsimile: (413) 737-FOLS About Shaker RD LLC Shaker Rd, LLC, a company based in East Longmeadow, Mass., filed a Chapter 11 petition (Bankr. W.D. Mass. Case No. 20-30338) on June 17, 2020. In the petition signed by Louis Masaschi, manager, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. Judge Elizabeth D. Katz oversees the case. The Debtor tapped Hendel, Collins & O'Connor, P.C., as its bankruptcy counsel and O'Connell & Plumb, P.C. as its special counsel. SHEA 92: Seeks Approval to Tap Richardson & Richardson as Counsel ----------------------------------------------------------------- Shea 92, LLC seeks approval from the U.S. Bankruptcy Court for the District of Arizona to employ Richardson & Richardson, P.C. as counsel. The firm's services include: (a) Advice with respect to the powers and duties of the Debtor; (b) Representation of the Debtor in connection with all appearances; (c) Preparation or review of all necessary applications, answers, orders, reports, pleadings and other documents to be filed in Debtor's Chapter 11 case; (d) Preparation of a plan of reorganization and disclosure statement and handling of all matters and court hearings related thereto; (e) Representation of the Debtor in connection with the hearing on confirmation of a plan of reorganization and all matters related thereto; and (f) All other necessary legal services for the Debtor. The firm's hourly rates are: William Richardson $375 Paralegals/Paraprofessionals $175 Richardson does not represent interest adverse to the Debtor or to the estate in matters upon which the firm is to be engaged. The firm can be reached through: William R. Richardson, Esq. Richardson & Richardson, P.C. 1745 S. Alma School Rd., Suite 100 Mesa, AZ 85210 Telephone: (480) 464-0600 Facsimile: (480) 464-0602 Email: wrichlaw@aol.com About Shea 92 Shea 92, LLC is a single asset real estate debtor (as defined in 11 U.S.C. Section 101(51B)). Shea 92 filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No. 20-12640) on Nov. 19, 2020. The petition was signed by Divyesh N. Patel, managing member of Sharda Advisors, LLC. At the time of the filing, the Debtor disclosed $1 million to $10 million in both assets and liabilities. Richardson & Richardson, P.C. represents the Debtor as legal counsel. SLINGER BAG: Reports $1.4M Net Loss for Quarter Ended July 31 ------------------------------------------------------------- Slinger Bag Inc. filed its quarterly report on Form 10-Q, disclosing a net loss of $1,374,026 on $564,985 of net sales for the three months ended July 31, 2020, compared to a net loss of $265,067 on $0 of net sales for the same period in 2019. At July 31, 2020, the Company had total assets of $2,071,691, total liabilities of $8,375,114, and $6,303,423 in total stockholders' deficit. The Company said, "We had an accumulated deficit of US$11,602,539 as of July 31, 2020 and more losses are anticipated in the development of the business. Accordingly, there is substantial doubt about our ability to continue as a going concern. Our financial statements do not include any adjustments related to the recoverability and classification of assets or the amounts and classification of liabilities that might be necessary should we be unable to continue as a going concern. "The ability to continue as a going concern is dependent upon our generating profitable operations in the future and/or being able to obtain the necessary financing to meet our obligations and repay our liabilities arising from normal business operations when they become due. Management intends to finance operating costs over the next twelve months with existing cash on hands, loans from related parties, and/or private placement of common stock." A copy of the Form 10-Q is available at: https://bit.ly/39s6PpA Slinger Bag Inc. operates in the sporting and athletic goods business. The company focuses on the development, production, and sale of the Slinger Launcher, a portable tennis ball launcher from a trolley roller bag. It allows anyone to control the speed and frequency of tennis balls that are launched for tennis practicing purposes. The company is based in Baltimore, Maryland. SMG INDUSTRIES: Has Substantial Doubt to Stay as Going Concern -------------------------------------------------------------- SMG Industries, Inc. filed its quarterly report on Form 10-Q, disclosing a net loss of $4,396,056 on $7,562,148 of revenues for the three months ended Sept. 30, 2020, compared to a net loss of $606,175 on $2,064,516 of revenues for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $32,130,051, total liabilities of $38,023,482, and $5,893,431 in total stockholders' deficit. SMG Industries said, "The Company concluded that the uncertainty surrounding the COVID-19 global pandemic, its negative working capital and negative cash flows from operating are conditions that raised substantial doubt about the Company's ability to continue as a going concern. The Company plans to continue to generate additional revenue (and improve cash flows from operations) partly related to the Company's acquisition of an additional operating company in 2020 and partly related to the Company cross-selling additional sales initiatives already implemented with the acquisition's additional customer base. The Company believes that loans obtained under the Paycheck Protection Program in 2020 will be forgiven in accordance with the terms of the program." A copy of the Form 10-Q is available at: https://bit.ly/3oaIVmD SMG Industries, Inc. is a growth-oriented transportation services and industrial services business that operates throughout the domestic Southwest United States. Through its wholly-owned operating subsidiaries, the Company offers heavy haul, super heavy haul logistics services as well as industrial cleaning products and equipment along with construction equipment services to more than 200 customers. The Company is headquartered in Houston, Texas. SOBR SAFE: Substantial Doubt on Staying as Going Concern Exists --------------------------------------------------------------- SOBR Safe, Inc. filed its quarterly report on Form 10-Q, disclosing a net loss of $737,600 on $0 of revenues for the three months ended Sept. 30, 2020, compared to a net loss of $216,106 on $0 of revenues for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $4,765,210, total liabilities of $5,139,717, and $374,507 in total stockholders' deficit. SOBR Safe said, "The Company has suffered recurring losses from operations and has a working capital deficit and stockholders' deficit, and in all likelihood, will be required to make significant future expenditures in connection with continuing marketing efforts along with general and administrative expenses. As of September 30, 2020, the Company has an accumulated deficit of approximately US$48,570,000. During the nine months ended September 30, 2020, the Company also experienced negative cash flows from operating activities of US$1,443,783. It appears these principal conditions or events, considered in the aggregate, indicate it is probable that the entity will be unable to meet its obligations as they become due within one year after the date the financial statements are issued. As such, there is substantial doubt about the entity's ability to continue as a going concern. "The Company has been considering opportunities to create synergy with its SOBR product to mitigate the probable conditions that have raised substantial doubt about the entity's ability to continue as a going concern. "Management believes actions presently being taken to obtain additional funding provide the opportunity for the Company to continue as a going concern; however, these plans are contingent upon actions to be performed by the Company and these conditions have not been met on or before September 30, 2020. Additionally, the COVID-19 outbreak could have a continued adverse impact on economic and market conditions and trigger a period of global economic slowdown, which would impair the Company's ability to raise needed funds to continue as a going concern. As such, substantial doubt about the entity's ability to continue as a going concern was not alleviated as of September 30, 2020." A copy of the Form 10-Q is available at: https://bit.ly/39qHOLq TransBiotec, Inc., formerly Imagine Media LTD., has developed and plans to market and sell a non-invasive alcohol sensing system which includes an ignition interlock. The Company has not generated any revenues from its operations. SOLEGNA HOLDINGS: Seeks to Hire Joyce W. Lindauer as Counsel ------------------------------------------------------------ Solegna Holdings LLC seeks approval from the U.S. Bankruptcy Court for the Eastern District of Texas to employ Joyce W. Lindauer Attorney, PLLC as counsel. The Debtor requires legal assistance to effectuate a reorganization, propose a bankruptcy plan and effectively move forward in its Chapter 11 proceeding. The hourly rates of the firm's attorneys and paraprofessionals are: Joyce W. Lindauer $395 Kerry S. Alleyne $250 Guy H. Holman $205 Dian Gwinnup $125 Paralegals and legal assistants $65 - $125 The Debtor has agreed to reimburse the firm for out-of-pocket expenses incurred. The firm received a retainer of $2,217, which included the filing fee of $1,717 in connection with this proceeding. Joyce Lindauer, Esq., the owner of the law practice Joyce W. Lindauer Attorney, disclosed in court filings that her firm is a "disinterested person" as defined in Section 101(14) of the Bankruptcy Code. The firm can be reached through: Joyce W. Lindauer, Esq. Kerry S. Alleyne, Esq. Guy H. Holman, Esq. Joyce W. Lindauer Attorney, PLLC 1412 Main Street, Suite 500 Dallas, TX 75202 Telephone: (972) 503-4033 Facsimile: (972) 503-4034 Email: joyce@joycelindauer.com About Solegna Holdings Solegna Holdings, LLC filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Texas. Case No. 20-42233) on Nov. 2, 2020. At the time of the filing, the Debtor had estimated assets of between $500,001 and $1 million and liabilities of between $100,001 and $500,000. The Debtor is represented by Joyce W. Lindauer Attorney, PLLC. SONOMA PHARMACEUTICALS: Has $120K Net Income for Sept. 30 Quarter ----------------------------------------------------------------- Sonoma Pharmaceuticals, Inc., filed its quarterly report on Form 10-Q, disclosing a net income of $120,000 on $5,769,000 of revenues for the three months ended Sept. 30, 2020, compared to a net loss of $1,203,000 on $4,727,000 of revenues for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $18,145,000, total liabilities of $6,583,000, and $11,562,000 in total stockholders' equity. Sonoma Pharmaceuticals said, "Management believes that the Company has access to additional capital resources through possible public or private equity offerings, debt financings, corporate collaborations or other means; however, the Company cannot provide any assurance that other new financings will be available on commercially acceptable terms, if needed. If the economic climate in the U.S. deteriorates, the Company's ability to raise additional capital could be negatively impacted. If the Company is unable to secure additional capital, it may be required to take additional measures to reduce costs in order to conserve its cash in amounts sufficient to sustain operations and meet its obligations. These measures could cause significant delays in the Company's continued efforts to commercialize its products, which is critical to the realization of its business plan and the future operations of the Company. These matters raise substantial doubt about the Company's ability to continue as a going concern." A copy of the Form 10-Q is available at: https://bit.ly/36hcP2b Sonoma Pharmaceuticals, Inc., a specialty pharmaceutical company dedicated to identifying, developing and commercializing unique, differentiated therapies to millions of patients living with chronic skin conditions. The Petaluma, Calif.-based Company is focused on the development and commercialization of therapeutic solutions in medical dermatology to treat skin conditions, such as acne, atopic dermatitis and scarring. SOTHERLY HOTELS: Reports $11.0M Net Loss for Sept. 30 Quarter ------------------------------------------------------------- Sotherly Hotels Inc. filed its quarterly report on Form 10-Q, disclosing a net loss of $11,039,271 on $14,414,478 of total revenue for the three months ended Sept. 30, 2020, compared to a net income of $2,068,746 on $42,552,175 of total revenue for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $466,209,038, total liabilities of $409,476,635, and $56,732,403 in total equity. The Company said, "As of September 30, 2020, we had approximately US$15.5 million in unrestricted cash and approximately US$7.7 million in restricted cash. During the six months ended September 30, 2020, we utilized cash, cash and equivalents and restricted cash of approximately US$9.6 million. The uncertainty regarding the duration and extent of the reduction in hotel demand caused by the pandemic creates corresponding uncertainty regarding our future cash flows. If our cash utilization going forward is consistent with the two quarters ended September 30, 2020 and we do not raise additional capital, it is possible that the Company may utilize all of its cash, cash equivalents and restricted cash within the next twelve months. Additionally, because any forbearance agreements, waivers or loan modifications would be granted at the sole discretion of the lenders, we have determined that there is substantial doubt about our ability to continue as a going concern for one year after the date the financial statements are issued. U.S. GAAP requires that in making this determination, we cannot consider future fundraising activities, whether through equity or debt offerings or dispositions of hotel properties, or the likelihood of obtaining forbearance agreements, covenant waivers or loan modifications, all of which are outside of the Company's control. Management believes that obtaining forbearance agreements, waivers or loan modifications from our lenders may remove the reason for the determination of substantial doubt. However, any such concession may lead to increased costs, increased interest rates, additional restrictive covenants and other possible lender protections. In addition to or in lieu of obtaining concessions from lenders, we believe we could raise additional funds, if needed, through a combination of hotel dispositions or debt or equity financings." A copy of the Form 10-Q is available at: https://bit.ly/3o5BQDz Sotherly Hotels Inc. is a self-managed and self-administered lodging REIT focused on the acquisition, renovation, upbranding and repositioning of upscale to upper-upscale full-service hotels in the Southern United States. Currently, the Company's portfolio consists of investments in twelve hotel properties, comprising 3,156 rooms, as well as interests in two condominium hotels and their associated rental programs. The Company owns hotels that operate under the Hilton Worldwide, Hyatt Hotels Corporation, and Marriott International, Inc. brands, as well as independent hotels. Sotherly Hotels Inc. was organized in 2004 and is headquartered in Williamsburg, Virginia. SPHERE 3D: Reports $1.2M Net Loss for Quarter Ended Sept. 30 ------------------------------------------------------------ Sphere 3D Corp. filed its quarterly report on Form 10-Q, disclosing a net loss of $1,190,000 on $890,000 of revenue for the three months ended Sept. 30, 2020, compared to net income of $885,000 on $1,368,000 of revenue for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $15,024,000, total liabilities of $8,992,000, and $6,032,000 in total shareholders' equity. Sphere 3D said, "The Company incurred losses from operations and negative cash flows from operating activities for the nine months ended September 30, 2020, and such losses may continue for the foreseeable future. Based upon the Company's current expectations and projections for the next year, the Company believes that it may not have sufficient liquidity necessary to sustain operations beyond December 31, 2020. These factors, among others, raise substantial doubt that the Company will be able to continue as a going concern." A copy of the Form 10-Q is available at: https://bit.ly/3mlpZB4 Sphere 3D Corp. provides next-generation solutions for standalone storage and long-term data archive products, as well as technologies that converge the traditional silos of compute, storage and network into one integrated "hyper-converged" or converged solution. The Company provides enterprise storage management solutions, the archiving of the data created by these solutions, and the ability to connect to public cloud services such as Microsoft Azure for additional delivery options and hybrid cloud capabilities. It was incorporated in 2007 and is headquartered in Mississauga, Canada. SPLASH BEVERAGE: Needs More Capital, Revenue to Stay Going Concern ------------------------------------------------------------------ Splash Beverage Group, Inc., f/k/a Canfield Medical Supply, Inc., filed its quarterly report on Form 10-Q, disclosing a net loss of $2,283,682 on $1,009,615 of net revenues for the three months ended Sept. 30, 2020, compared to a net loss of $1,067,246 on $0 of net revenues for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $13,036,937, total liabilities of $3,950,596, and $195,166 in total deficiency in stockholders' equity. The Company said, "Our business operations have not yet generated significant revenues, and we have sustained net losses of approximately US$6.1 million during the nine months ended September 30, 2020 and have an accumulated deficit of approximately US$39.0 million at September 30, 2020. In addition, we have current liabilities in excess of current assets of approximately US$0.8 million at September 30, 2020. Further, we are in default on approximately US$0.9 million of indebtedness, including accrued interest. "Our ability to continue as a going concern in the foreseeable future is dependent upon our ability to generate revenues and obtain sufficient long-term financing to meet current and future obligations and deploy such to produce profitable operating results. Management has evaluated these conditions and plans to raise capital as needed and to generate revenues to satisfy our capital needs. No assurance can be given that we will be successful in these efforts. "These factors, among others, raise substantial doubt about our ability to continue as a going concern for a reasonable period of time. These condensed consolidated financial statements do not include any adjustments relating to the recoverability and classification of recorded asset amounts or the amounts and classification of liabilities that might be necessary should we be unable to continue as a going concern." A copy of the Form 10-Q is available at: https://bit.ly/3fZhpFT Splash Beverage Group, Inc., f/k/a Canfield Medical Supply, Inc., specializes in the manufacturing, distribution, and sales & marketing of various beverages across multiple channels. Splash operates in both the non-alcoholic and alcoholic beverage segments. Additionally, Splash operates its own vertically integrated B-to-B and B-to-C E-commerce distribution platform called Qplash, further expanding its distribution abilities and visibility. The Company is based in Fort Lauderdale, Florida. SRAX INC: Reports $6.6M Net Loss for Quarter Ended Sept. 30 ----------------------------------------------------------- SRAX, Inc. filed its quarterly report on Form 10-Q, disclosing a net loss of $6,571,000 on $2,609,000 of revenues for the three months ended Sept. 30, 2020, compared to a net income of $1,409,000 on $1,001,000 of revenues for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $35,135,000, total liabilities of $17,235,000, and $17,900,000 in total stockholders' equity. SRAX said, "The Company has incurred significant losses since its inception and has not demonstrated an ability to generate sufficient revenues from the sales of its goods and services to achieved profitable operations. In addition, the Company's operations and specifically, the continued operation of BIGToken will require significant additional financing. As of September 30, 2020 the Company had cash and cash equivalents of US$2,446,000 which is not sufficient to fund the Company's planned operations through one year after the date the consolidated financial statements are issued, and accordingly, these factors create substantial doubt about the Company's ability to continue as a going concern within one year after the date that the consolidated financial statements are issued. "In making this assessment we performed a comprehensive analysis of our current circumstances including: our financial position, our cash flow and cash usage forecasts, and obligations and debts. Although management has a long history of successful capital raises, the analysis used to determine the Company's ability as a going concern does not include cash sources outside the Company's direct control that management expects to be available within the next 12 months." A copy of the Form 10-Q is available at: https://bit.ly/3qcvFQg SRAX, Inc., a digital marketing and data technology company, provides tools to reach and reveal audiences with marketing and advertising communication in the United States. The company markets and sells its services through its in-house sales team, as well as through industry specific events. The company was formerly known as Social Reality, Inc. and changed its name to SRAX, Inc. in August 2019. SRAX, Inc. was founded in 2009 and is headquartered in Los Angeles, California. STA VENTURES: Bay Point Capital Says Plan Unconfirmable ------------------------------------------------------- Creditor Bay Point Capital Partners II, LP, objects to the Disclosure Statement for Chapter 11 Plan of Reorganization of Debtor STA Ventures, LLC. Bay Point claims that the Disclosure Statement fails to provide adequate information regarding Debtor's proposed manner and means of execution of the Plan regarding the proposed sale of the Walton County Property and the proposed refinancing of the debt secured by the Fulton County Property. Bay Point states that the Debtor has not provided adequate information regarding how it intends to fund the Plan during the year and a half interest only period while it attempts to sell or refinance Bay Point's Collateral. Bay Point says that the Plan is not confirmable as the Plan does not provide an adequate means of implementation and the proposed sale and refinancing of the Collateral violates the Bankruptcy Code by not adequately protecting Bay Point's interests. Bay Point asserts that the proposed sale of the Walton County Property is contrary to the Bankruptcy Code because Bay Point is entitled to a lien on the proceeds of a sale of its Collateral, which the Plan does not provide. Bay Point further asserts that it is not the intent or purpose of bankruptcy to allow a debtor to make its secured creditor pay for a refinancing through a confirmed plan. Therefore, the Plan is not confirmable. A full-text copy of Bay Point's objection to the disclosure statement dated October 29, 2020, is available at https://tinyurl.com/y3tvkdyn from PacerMonitor.com at no charge. Counsel for Bay Point: SEAN A. GORDON JOHN C. ALLERDING AUSTIN B. ALEXANDER THOMPSON HINE LLP Two Alliance Center 3560 Lenox Road N.E., Suite 1600 Atlanta, Georgia 30326-4266 Telephone: (404) 541-2900 Facsimile: (404) 541-2905 E-mail: sean.gordon@thompsonhine.com john.allerding@thompsonhine.com austin.alexander@thompsonhine.com About STA Ventures STA Ventures, LLC is a limited liability corporation with principal office address at 145 Houze Way, Roswell, Fulton County, Ga. On June 1, 2020, STA Ventures filed a Chapter 11 bankruptcy petition (Bankr. N.D. Ga. Case No. 20-66843). The petition was signed by Stephen T. Allen, its managing member. At the time of the filing, the Debtor disclosed assets of $1 million to $10 million and estimated liabilities of the same range. The Debtor has tapped Chamberlain, Hrdlicka, White, Williams & Aughtry as legal counsel; Peach Appraisal Group, Inc. as appraiser; and Magaro & Conine, CPA as accountant. STA VENTURES: Dec. 3 Hearing on Disclosures, Bay Point Lift Stay ---------------------------------------------------------------- Debtor STA Ventures timely filed its Chapter 11 Plan of Reorganization and its Disclosure Statement on September 28, 2020, without seeking any extension. On Oct. 1, 2020, Debtor STA Ventures sought and obtained a hearing on approval vel non of Debtor's Disclosure Statement for November 18, 2020. On Oct. 7, 2020, the Court cancelled the evidentiary hearing on Bay Point Capital's Lift Stay/Adequate Protection Motion originally set for Oct. 22, 2020, and ordered a telephonic status conference to be held on Oct. 21, 2020. After the Oct. 21, 2020 telephonic status conference, the Court reset a scheduling of Bay Point Capital's Lift Stay/Adequate Protection Motion and its Objection to Disclosure Statement to be heard simultaneously with the Court's hearing on approval vel non of Debtor's Disclosure Statement on November 18, 2020. Class 5 Bay Point Capital filed its Objection to Debtor's Disclosure Statement on October 29, 2020. The Bay Point Capital Lift Stay/Adequate Protection Motion and Objection were therefore both scheduled for Nov. 18, 2020 to be heard simultaneously with the Court's hearing on approval vel non of the Debtor's Disclosure Statement. On Nov. 9, 2020, Debtor STA Ventures sought and obtained, jointly with Bay Point Capital, a further rescheduling of the November 18, 2020 hearing on approval vel non of Debtor's Disclosure Statement, and Bay Point Capital's Motion to Lift Stay/Adequate Protection and the Objection to Disclosure Statement. This rescheduled hearing of these matters is now set for Dec.r 3, 2020 to enable the parties to pursue a settlement discussion, which, if successful, would result in an amendment of Debtor STA Ventures' Chapter 11 Plan. As of Nov. 17, the settlement discussion between Debtor STA Ventures and Bay Point Capital is ongoing andhas not concluded. In addition, Class 5 Creditors holding a Secured Claim jointly by Ray Family IRA Investments, LLC and Unell Investments, LLC ("Ray Family IRA/Unell Investments") have reached an agreement with a non-Debtor regarding the Ray Family IRA/Unell Investments Class 5 Claim. As a result of this negotiation, the Class 5 Ray Family IRA/Unell Investments Over-Secured creditor treatment in Debtor's Chapter 11 Plan will be amended with a consensual arrangement that the Class 5 Ray Family IRA/Unell Investments Over-Secured Claim will be eliminated. Because Debtor STA Ventures filed this Chapter 11 Case on June 1, 2020 debtor STA Ventures is required to obtain acceptance of impaired creditors by November 28, 2020 to maintain exclusivity, unless the 180-day period for obtaining acceptance by impaired creditors is extended. Accordingly, STA Ventures prays that the Court to enter an order extending by 60 days the period within which impaired creditors may accept the Debtor's Plan through Jan. 27, 2021. About STA Ventures STA Ventures, LLC is a limited liability corporation with principal office address at 145 Houze Way, Roswell, Fulton County, Ga. On June 1, 2020, STA Ventures filed a Chapter 11 bankruptcy petition (Bankr. N.D. Ga. Case No. 20-66843). The petition was signed by Stephen T. Allen, its managing member. At the time of the filing, the Debtor disclosed assets of $1 million to $10 million and estimated liabilities of the same range. The Debtor has tapped Chamberlain, Hrdlicka, White, Williams & Aughtry as legal counsel; Peach Appraisal Group, Inc. as appraiser; and Magaro & Conine, CPA as accountant. STA VENTURES: Unsecureds Will Get 20% Plus Sale Proceeds in Plan ---------------------------------------------------------------- STA Ventures, LLC, submitted a Plan and a Disclosure Statement. Debtor's primary assets are 35.449 Acre Loganville/Walton County Property and 1.769 Acre Alpharetta/Fulton County Property. The 35.449 Acre Loganville/Walton County Property has been appraised by Debtor's appraiser who has furnished two opinions of value: (i) $3,487,000.00 as a whole; and $3,490,000.00 in two subparts. The 1.769 Acre Alpharetta/Fulton County Property has been appraised by Debtor's appraiser and has a value of $960,000.00. The Plan classifies and treats claims as follows: * Class 1 Administrative Claims. Debtor estimates Administrative Claims related to appraisal services will be approximately $16,800.00 to $20,000.00. Class 1 will receive cash equal to the amount of such Allowed Administrative Claim on the latter of: (i) the Consummation Date; or (ii) the date on which such Person becomes a holder of such Allowed Administrative Claim. * Class 2 Non-Tax Priority Claims. Debtor's Plan provides that a Person holding a Class 2 Non-Tax Priority Claim will receive cash equal to the amount of such Allowed Claim on the latter of: (i) the Consummation Date; or (ii) the date on which such Person becomes a holder of such Class 2 Non-Tax Priority Claim. * Class 4 Bay Point Capital Over-Secured Claim. Class 4 Claim consists of the Allowed Over-Secured Claim held by Bay Point Capital Partners II, LP. The Class 4 Bay Point Capital Over-Secured Claim is scheduled as a disputed claim which has an outstanding principal amount of $1,700,000 and an amount of interest that has not yet been determined. Debtor will attempt to negotiate a settlement of the Bay Point Capital Over-Secured Claim. In the event Debtor and Bay Point Capital are able to resolve terms for restructure and repayment of the Bay Point Capital Over-Secured Claim, the settlement will be reflected by amendments to Debtor's Plan filed prior to the Confirmation Hearing or by an order of Court. In the event that Debtor is not able to reach agreement regarding the treatment of the Class 4 Bay Point Capital Over-Secured Claim, the Claim shall be satisfied by a specific request of Debtor for treatment pursuant to 11 U.S.C. § 1129(b). * Class 5 Ray Family IRA/Unell Investments Over-Secured Claim. Class 5 Claim consists of the Allowed Secured Claim held jointly by Ray Family IRA Investments, LLC and Unell Investments, LLC. The Class 5 Ray Family IRA/Unell Investments Over-Secured Claim has an outstanding principal amount of $323,877.87 and an amount of interest that has not yet been determined. As described in the Plan, Debtor will attempt to negotiate a settlement of the Ray Family IRA/Unell Investments Over-Secured Claim. In the event Debtor and Ray Family IRA/Unell Investments are able to resolve terms for restructure and repayment of the Ray Family IRA/Unell Investments Over-Secured Claim, the settlement will be reflected by amendments to this Plan filed prior to the Confirmation Hearing or by an order of Court. In the event that Debtor is not able to reach agreement regarding the treatment of the Class 5 Ray Family IRA/Unell Investments Over-Secured Claim, the Claim shall be satisfied by a specific request of Debtor for treatment pursuant to 11 U.S.C. § 1129(b). * Class 7 Unsecured, Non-Priority, Non-Insider, Non-Tax, Non- Deficiency Claims. These undisputed Claims total $113,659. The Debtor's Plan provides that holders of all Allowed Class 7 Unsecured, Non-Priority, Non-Insider, Non-Tax, Non-Deficiency Claims shall be paid 100 cents on the dollar on terms and conditions as follows: on the Consummation Date, Class 7 Claims will be paid pro rata 20 percent of their Allowed Claims. Thereafter, Class 7 Claims will be paid from Net Sales Proceeds from sales of all or parts of the 35.449 Acre Loganville/Walton County Property and the 1.769 Acre Alpharetta/Fulton County Property which Net Sales Proceeds remain after payment of any unpaid Class 1 Administrative Claims, Class 4 Bay Point Capital Over-Secured Claim, and Class 5 Ray Family IRA/Unell Investments Over-Secured Claim. * Class 8 Unsecured, Non-Priority, Insider Claims. Class 8 Unsecured Non-Priority, Insider Claims include a pre-petition loan from managing member and Insider Stephen T. Allen. The Class 8 Unsecured, Non-Priority, Insider Claims shall be either: (i) paid after payment of all Class 1, 2, 3, 4, 5, 6, and 7 Claims; or (ii) converted to equity of Debtor, as agreed between Debtor, Insider Logan Point, LLC, and Insider Stephen T. Allen. * Class 9 Equity Interest Holder Claims. The holder of the equity interests shall retain his 100% interest in Debtor. In the event either the Class 4 Bay Point Capital Over-Secured Claim or the Class 5 Ray Family IRA/Unell Investments Over-Secured Claim are not satisfied at the end of the 18 month period of interest payments, Debtor will pursue auction of all or any remaining unsold parts of the 35.449 Acre Loganville/Walton County Property in order to obtain funds for payment of these above-referenced Secured Claims and also payment of the Class 7 Unsecured, Non-Priority, Non- Insider, Non-Tax, Non-Deficiency Claims. A full-text copy of the Disclosure Statement dated September 28, 2020, is available at https://www.pacermonitor.com/view/2FI5NPQ/STA_Ventures_LLC__ganbke-20-66843__0053.0.pdf?mcid=tGE4TAMA Counsel for STA Ventures, LLC: JIMMY L. PAUL DREW V. GREENE CHAMBERLAIN, HRDLICKA, WHITE WILLIAMS & AUGHTRY 191 Peachtree Street, N.E., 46th Floor Atlanta, Georgia 30303 Tel: (404) 659-1410 About STA Ventures STA Ventures, LLC is a limited liability corporation with principal office address at 145 Houze Way, Roswell, Fulton County, Ga. On June 1, 2020, STA Ventures filed a Chapter 11 bankruptcy petition (Bankr. N.D. Ga. Case No. 20-66843). The petition was signed by Stephen T. Allen, its managing member. At the time of the filing, the Debtor disclosed assets of $1 million to $10 million and estimated liabilities of the same range. The Debtor has tapped Chamberlain, Hrdlicka, White, Williams & Aughtry as legal counsel; Peach Appraisal Group, Inc. as appraiser; and Magaro & Conine, CPA as accountant. STAFFING 360: Discloses Substantial Doubt on Staying Going Concern ------------------------------------------------------------------ Staffing 360 Solutions, Inc. filed its quarterly report on Form 10-Q, disclosing a net loss of $2,641,000 on $48,640,000 of revenue for the three months ended Sept. 26, 2020, compared to a net loss of $1,108,000 on $67,320,000 of revenue for the same period ended Sept. 28, 2019. At Sept. 26, 2020, the Company had total assets of $85,301,000, total liabilities of $100,646,000, and $15,345,000 in total stockholders' deficit. Staffing 360 said, "The Company's debt obligations and certain unsecured payments associated with historical acquisitions are due in the next 12 months, and the Company's debt obligations with Jackson and MidCap may become due on demand due to certain covenant violations, which are in excess of cash and cash equivalents on hand. Historically, the Company has funded such payments either through cash flow from operations or the raising of capital through additional debt or equity. If the Company is unable to obtain additional capital, such payments may not be made on time. "The Novel Coronavirus Disease 2019 ("COVID-19"), is impacting worldwide economic activity, and activity in the United States and the United Kingdom where the Company's operations are based. The nature of work of the contractors the Company supports mostly are on the site of the Company's clients. As a result, the Company is subject to the plans and approaches of the Company's clients to work during this period. This includes whether they support remote working when they have decided to close their facilities. To the extent that the Company's clients have decided to or are required to close their facilities or not permit remote work when they decide to close facilities, the Company would no longer generate revenue and profit from that client. In addition, in the event that the Company's clients' businesses suffer or close as a result of the COVID-19 pandemic, the Company may experience decline in its revenue or write-off of receivables from such clients. During the quarter ended September 26, 2020, the Company recognized a write-off of receivables amounting to approximately US$900 as a result of a customer's business closure. Developments such as social distancing and shelter-in-place directives have impacted the Company's ability to deploy its staffing workforce effectively thereby impacting contracts with customers in the Company's Commercial Staffing and Professional Staffing business streams where the Company has seen declines of approximately 17% in revenues during the third quarter of 2020 as compared with the first quarter of 2020; however, compared to the second quarter of 2020, the Company has seen 12% increases in revenues. Compared to Q3 2019 YTD, the Company has seen declines of approximately 30% in revenues during Q3 2020 YTD. Such government-imposed precautionary measures may have been relaxed in certain countries or states, but there is no assurance that more strict measures will be put in place again due to a resurgence in COVID-19 cases. Therefore, the ongoing COVID-19 pandemic may continue to affect the Company's operation and to disrupt the marketplace in which the Company operates and may negatively impact its sales in fiscal year 2020 and the Company's overall liquidity. These factors combined with the uncertainty generated by the economic reaction to the COVID-19 pandemic raise substantial doubt about the Company's ability to continue as a going concern." A copy of the Form 10-Q is available at: https://bit.ly/3llfIn9 Staffing 360 Solutions, Inc. was incorporated in the State of Nevada on December 22, 2009, as Golden Fork Corporation, which changed its name to Staffing 360 Solutions, Inc., ticker symbol "STAF," on March 16, 2012. On June 15, 2017, the Company changed its state of domicile to Delaware. The Company is a rapidly growing public company in the international staffing sector. Its high-growth business model is based on finding and acquiring, suitable, mature, profitable, operating, domestic and international staffing companies. Its targeted consolidation model is focused specifically on the accounting and finance, information technology, engineering, administration and light industrial disciplines. STHEALTH CAPITAL: Has $331,000 Net Loss for Sept. 30 Quarter ------------------------------------------------------------ StHealth Capital Investment Corp. filed its quarterly report on Form 10-Q, disclosing a net investment loss of $331,176 on $4,977 of investment income for the three months ended Sept. 30, 2020, compared to a net investment loss of $347,372 on $3,216 of investment income for the same period in 2019. At Sept. 30, 2020, the Company had total assets of $4,820,126, total liabilities of $435,558, and $4,384,568 in net asset value. StHealth Capital said, "For the nine months ended September 30, 2020, the Company incurred a net decrease in net assets resulting from operations of US$1,179,237 and have an accumulated deficit of US$8,345,562. These circumstances raise substantial doubt as to the Company's ability to continue as a going concern. Currently, the Company has launched a capital raising program led by a Broker Dealer acting as the Dealer Manager and arranging a syndicate of several additional Broker Dealers who will also sell our securities. During the nine months ended September 30, 2020, the Company issued 20,000 shares of its common stock and received gross proceeds of US$50,000, at a price of US$2.50 per share. There were 10% commission cost and therefore net proceeds in cash were US$45,000." A copy of the Form 10-Q is available at: https://bit.ly/37h1IWl StHealth Capital Investment Corp. (formerly First Capital Investment Corporation and Freedom Capital Corporation), was incorporated under the general corporation laws of the State of Maryland on June 19, 2014. The Company is a non-diversified, closed-end management investment company that has elected to be regulated as a business development company ("BDC") under the Investment Company Act of 1940, as amended, and that intends to elect to be treated for federal income tax purposes, and intends to qualify annually thereafter, as a regulated investment company ("RIC"), under Subchapter M of the Internal Revenue Code of 1986, as amended. STOP & GO: Plan and Disclosures Due March 29, 2021 -------------------------------------------------- Judge Donald R. Cassling has entered an order requiring Stop & Go Airport Shuttle Service, Inc. to file its Plan of Reorganization and Disclosure Statement on or before Monday, March 29, 2021. About Stop & Go Airport Shuttle Service Stop & Go Airport Shuttle Service, Inc. sought protection for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 20-17814) on Sept. 29, 2020, listing under $1 million in both assets and liabilities. Judge Donald R. Cassling oversees the case. David P. Lloyd, Ltd. is the Debtor's legal counsel. SUPER CALIDAD AUTO: Ordered to Amend Subchapter V Plan ------------------------------------------------------ On Oct. 13, 2020 and Oct. 14, 2020, debtor Super Calidad Auto Sales, Inc., filed its Plan of Reorganization for Small Business under Chapter 11. Having reviewed the Plan, the Court ordered Oct. 15, 2020 that the following facial infirmities require amendments to the Plan: * Missing Exhibits: The Plan refers to a liquidation analysis attached as Exhibit 1 and projected financial information attached as Exhibit 2. No exhibits are attached to the Plan. Unsecured Priority Tax Claims: Priority tax claims have been filed by the Los Angeles County Treasurer and Tax Collector (Proof of Claim No. 1), the Internal Revenue Service (Proof of Claim No. 4) and the Franchise Tax Board (Proof of Claim No. 5). The Plan does not mention the FTB's priority claim and does not appear to provide any treatment for that claim. The Plan describes Class 1 as "Priority Claims" and identifies the members of Class 1 as Los Angeles County and the IRS. Case Dkt. 70 at 2. Unsecured priority tax claims under section 507(a)(8) of the Bankruptcy Code are not placed in a class in a chapter 11 plan. 11 U.S.C. Sec. 1123(a)(1). The Plan lists the amount of the IRS priority claim as "$0." The IRS' proof of claim, to which no objection has been filed, asserts an unsecured priority amount of $2,905.57. The Plan is not a substitute for an objection to claim and must list the amount of claims based on the filed proofs of claims and scheduled claims, unless an order sustaining an objection to claim has been entered.Secured Claims: The Plan places secured creditors in Class 2. The Plan states that the treatment of the Small Business Administration's secured claim "is impaired by this Plan as it will be paid according to the terms of the Economic Injury Disaster Loan, with the first payment under the EIDL not due until April 1, 2021." No other terms of repayment are disclosed in the Plan.The Plan should not require parties to refer to a separate document –here, the Economic Injury Disaster Loan –to determine the material repayment terms for the SBA's Class 2 claim. Additionally, the Court cannot confirm the Plan unless the Court determines that it is feasible. 11 U.S.C. Sec. 1129(a)(11), 1191(a). Because the Plan fails to disclose any of the material repayment terms of the EIDL, other than the date of the initial payment, neither the Court nor parties in interest can assess whether the Plan is feasible. The Plan must include the material repayment terms in the EIDL. The other secured claim is the Los Angeles County Treasurer and Tax Collector (Proof of Claim No. 1). The Plan fails to include any treatment for payment of this secured claim. Will it be paid in full on the Effective Date? If it will be paid over time, the amount of the payments, the frequency of the payments and the interest rate must be disclosed so that the Court and parties in interest can determine whether the Plan complies with Bankruptcy Code section 1129(a)(9)(D)and whether the Plan is feasible.11 U.S.C. § 1129(a)(11), 1191(a). * Class 3(A): Class 3(A) is an unsecured class consisting of the claim of Terry Robinson, the Debtor's landlord. The Plan states "the claim will be paid through a negotiated land lease, the terms of which are set forth in a new lease." The Plan fails to disclose any of the material terms of the new lease, however. The Plan cannot require parties to refer to a separate document to determine the material repayment terms of Class 3(A). Those terms must be stated in the Plan so the Court and parties in interest can assess the feasibility of the Plan. 11 U.S.C. Sec. 1129(a)(11), 1191(a). * Class 3(B): Class 3(B) is described as "Trade or Credit Card Creditors" and the members are identified as Ally Bank and American Express. Each of the claims filed by three taxing authorities (the Los Angeles County Treasurer and Tax Collector, the IRS and the FTB) include non-priority unsecured amounts but they are not members of Class 3(B) and no treatment for payment of these claims is stated. Additionally, the Plan states that Class 3(B) will be paid 50% of the allowed claims over 60 months but fails to include any details regarding the amount of payments and the frequency of payments. * Distributions in the Event the Plan is Not Consensual: In the event the Court confirms a non-consensual plan, the subchapter V trustee must make payments under the plan. 11 U.S.C. Sec. 1194(b). The Plan violates Bankruptcy Code section 1194(b) and is patently unconfirmable. The Plan provides: Upon confirmation, regardless whether this Plan is confirmed as a consensual Plan, the Subchapter V Trustee will be relieved of his duties, as the Reorganized Debtor will be the disbursing agent. * Release of Obligations Under the Payroll Protection Program: The Plan states that the “Debtor is relieved and released from the obligation owing under the SBA Payroll Protection Program.” Id. Whether a chapter 11 plan can release a debtor from such obligations is a confirmation issue but the Plan must identify the specific obligations from which it seeks a release. Disclosure Statement Denied On October 13, 2020 and October 14, 2020, the Debtor filed its Chapter 11 Small Business Disclosure Statement and a Motion for Approval of Chapter 11 Disclosure Statement. Disclosure statements are governed by Bankruptcy Code section 1125. Subchapter V does not contemplate the filing of a disclosure statement and Bankruptcy Code section 1181(b) expressly makes section 1125 in applicable in subchapter V cases unless "the court for cause orders otherwise." The Court has not entered an order requiring the Debtor to file a disclosure statement. Based on the foregoing, the judge ordered that approval of the Debtor's disclosure statement, and its Motion, are DENIED WITHOUT PREJUDICE. The Debtor, the subchapter V trustee or any other party in interest may file a motion establishing cause for the Court to require the Debtor to file a disclosure statement. About Super Calidad Auto Sales Inc. Super Calidad Auto Sales, Inc., a car dealer in Los Angeles, filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 20-11233) on July 14, 2020. Super Calidad President Josefina Espino signed the petition. At the time of the filing, the Debtor disclosed $559,850 in assets and $1,350,544 in liabilities. The Debtor is represented by the Law Offices of Louis J. Esbin. SUPER CALIDAD AUTO: Unsecured Creditors Will Recover 50% Under Plan ------------------------------------------------------------------- Super Calidad Auto Sales, Inc. submitted a Disclosure Statement explaining its Subchapter V Plan. General unsecured creditors are classified in Class 3(B) and will receive a distribution 50% of their allowed claims, to be distributed in equal monthly installments over a period of 60 months from the Effective Date. Class 2 Secured Claims of Small Business Administration are impaired with a claim amount of $500,000. Class 2 will be paid according to the terms of the Economic Injury Disaster Loan, with the first payment under the EIDL not due until April 1, 2021. Class 3 – Nonpriority Unsecured Claims are impaired. Class 3(A) – Terry Robinson, landlord, has a claim of $981,711 and will be paid through a negotiated land lease, the terms of which will be set forth in a new lease, the terms of which will be subject to Court approval. Class 3(B) – Trade or Credit Card Creditors have claims totaling $40,683 and will be paid 50% of their allowed claims over a period of 60 months. Payments and distributions under the Plan will be funded by the following: Debtor intends to fund the Plan from the operations of the business and its cash flow. A full-text copy of the Disclosure Statement dated October 13, 2020, is available at https://tinyurl.com/y49az49z from PacerMonitor.com at no charge. A full-text copy of the Disclosure Statement dated October 14, 2020, is available at https://tinyurl.com/y4pld3t9 from PacerMonitor.com at no charge. About Super Calidad Auto Sales Inc. Super Calidad Auto Sales, Inc., a car dealer in Los Angeles, filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 20-11233) on July 14, 2020. Super Calidad President Josefina Espino signed the petition. At the time of the filing, the Debtor disclosed $559,850 in assets and $1,350,544 in liabilities. The Debtor is represented by the Law Offices of Louis J. Esbin. TAJAY RESTAURANTS: Creditors Committee Files Liquidation Plan ------------------------------------------------------------- The Official Committee of Unsecured Creditors in the Chapter 11 case of debtors Tajay Restaurants, Inc. and Yummy Seafoods, LLC, submitted a Liquidation Plan and a Disclosure Statement for the Debtors. Although the Plan proposed by the Committee is a joint plan for Tajay Restaurants and Yummy Seafoods, the Debtors are separate corporations and so the proceeds from the sale of assets of Tajay Restaurants will be used to distributed to the creditors of Tajay and to pay the costs of administration in making such distributions, and the proceeds from the sale of assets of Yummy Seafoods, LLC, will be distributed to the creditors of Yummy Seafoods, LLC, and to pay the costs of administration in making those distributions. The Plan proposed by the Committee does not include Yummy Holdings, LLC because Yummy Holdings LLC does not have any assets or funds to distribute to creditors, as discussed further in this Disclosure Statement. The Committee expects that after the administrative expenses of Yummy Holdings LLC are paid, that case will be dismissed or converted to a case under Chapter 7 of the Bankruptcy Code. Mastodon Ventures conducted a bidding process, which was approved by the bankruptcy court, but there were no bidders other than TM DIP Lender, LLC. After further negotiations, in which the Committee was involved, the court approved the sale of 23 stores and the assumption and assignment of related leases and franchise agreements to Silver Seafoods, Inc. as assignee of TM DIP Lender, LLC. Under the APA, TM DIP Lender agreed to fund the remaining $158,000 unfunded under the DIP Financing Agreement. In addition, the purchaser agreed to fund a reserve of $10,000 for the liquidation expenses of Tajay Restaurants, Inc. and Yummy Seafoods, LLC ($5,000 each) and to issue promissory notes to those Debtors of $100,000 each, secured by a first priority security interest in the assets of the purchaser. In exchange for the consideration earmarked for the unsecured creditors, the Committee agreed, and the Bankruptcy Court approved the release or any and all claims against the shareholders of the Debtors. The Committee estimates that the payout to unsecured creditors of Tajay Restaurants, Inc. from the collection of the Promissory Notes to be to be over 6% and to unsecured creditors of Yummy Seafoods, LLC to be over 5% over the term of the Promissory Notes. Under the Plan, a trust will be created for the benefit of creditors (the "Creditors Trust"). All remaining property and property rights of the Debtors shall be transferred to the Creditors Trust upon the Effective Date of the Plan. The purpose of the Creditors Trust is to protect the rights of the Trust in the assets transferred from the Debtors and to distribute the proceeds received by the Trust to the creditors pursuant to the terms of the Plan The Plan classifies and treats claims as follows: * Class 1 Claims - Allowed Unsecured Claims against Tajay Restaurants, Inc. This class consists of all Allowed Unsecured Claims against Tajay Restaurants, Inc. After payment of Class 1 Claims, all Allowed Claims in this class will be paid pro rata out of distributions of proceeds from the assets of Tajay Restaurants, Inc. by the Trustee of the Creditors Trust at times and in amounts to be determined by the Trustee. * Class 2 Claims - Allowed Unsecured Claims against Yummy Seafoods, LLC. This class consists of all Allowed Unsecured Claims against Yummy Seafoods, LLC. After payment of Class 2 Claims, All Allowed Claims in this class will be paid pro rata out of distributions of proceeds from the assets of Yummy Holdings, LLC by the Trustee of the Creditors Trust at a time and manner to be determined by the Trustee. * Class 3 Interests – Equity Interests of the Debtor. Holders of Equity Interests in the Debtor shall retain their interests. Equity Interests shall not have any rights in the Creditors Trust or its assets and shall not receive any distributions from the Creditors Trust. A full-text copy of the Disclosure Statement dated September 28, 2020, is available at https://tinyurl.com/y6m2gpgh from PacerMonitor.com at no charge. Attorneys for the Official Committee of Unsecured Creditors: Stephen A. Roberts CLARK HILL STRASBURGER 720 Brazos, Suite 700 Austin, Texas 78701 Telephone: 512.499.3624 Facsimile: 512.499.3660 Email: sroberts@clarkhill.com About Tajay Restaurants Restaurant owners Tajay Restaurants Inc. and its subsidiaries sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Lead Case No. 19-70067) on May 16, 2019. The petitions were signed by Omar Misleh, authorized agent. At the time of the filing, the Debtors estimated assets of between $1 million and $10 million, and liabilities of the same range. The cases are assigned to Judge Tony M. Davis. Waller Lansden Dortch & Davis, LLP is serving as its legal counsel. No request for the appointment of a trustee or examiner has been made. An official committee of unsecured creditors was appointed on June 4, 2019. TAJAY RESTAURANTS: Creditors' Committee Plan Confirmed by Judge --------------------------------------------------------------- On September 28, 2020, the Official Committee of Unsecured Creditors filed with the U.S. Bankruptcy Court for the Western District of Texas, Midland Division, a Disclosure Statement for a Plan of Liquidation for Debtors Tajay Restaurants, Inc., Yummy Seafoods, LLC, and Yummy Holdings, LLC. On October 22, 2020, Judge Tony M. Davis approved the Committee's Disclosure Statement and set a hearing for Nov. 23, 2020 to consider confirmation of the Plan. On Nov. 24, 2020, Judge Davis entered an order confirming the Plan. All fees owed under 28 USC Sec. 1930(a)(6) shall be paid and all reports required by Federal Rule of Bankruptcy Procedure 2015 shall be filed by the Debtor for the periods ending December 31, 2020 and all such fees shall be paid and such reports filed by the Creditors’ Trust thereafter until the case is closed, dismissed or converted. Notwithstanding any release provided in the Confirmation Order, the Plan, or the Asset Purchase Agreement, neither Tabbassum Mumtaz, TM DIP Lender, LLC ("TM DIP"), nor any party that has been or will be assigned any obligations under the Conditions Agreement will be released from any direct claims from Long John Silver's, LLC ("LJS") related to any ongoing obligations of the Conditions to Consent and Sublease Agreement ("the Conditions Agreement") entered as of Dec. 31, 2019 among Mumtaz, TM DIP, and LJS, including as such Conditions Agreement was amended on Jan. 24, 2020. The Debtor shall pay on the Effective Date of the Plan the priority tax claims of Potter County, Texas in the amount of $1,546.54 and of Hale County, Texas in the amount of $1,359.22 in full satisfaction of their respective claims. A copy of the Plan Confirmation Order is available at: https://www.pacermonitor.com/view/BDXQVZY/Tajay_Restaurants_Inc_and_Yummy__txwbke-19-70067__0520.0.pdf Attorneys for the Official Committee of Unsecured Creditors: Stephen A. Roberts CLARK HILL STRASBURGER 720 Brazos, Suite 700 Austin, Texas 78701 Telephone: 512.499.3624 Facsimile: 512.499.3660 E-mail: sroberts@clarkhill.com About Tajay Restaurants Restaurant owners Tajay Restaurants Inc. and its subsidiaries sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Tex. Lead Case No. 19-70067) on May 16, 2019. The petitions were signed by Omar Misleh, authorized agent. At the time of the filing, the Debtors estimated assets of between $1 million and $10 million, and liabilities of the same range. The cases are assigned to Judge Tony M. Davis. Waller Lansden Dortch & Davis, LLP is serving as its legal counsel. No request for the appointment of a trustee or examiner has been made. An official committee of unsecured creditors was appointed on June 4, 2019. TOWN SPORTS: Owner Can Close Sales Despite Lenders' Complaints -------------------------------------------------------------- Steven Church of Bloomberg News reports that New York Sports Clubs owner Town Sports International Holdings can close its sale to a group that includes Tacit Capital despite complaints by some lenders who claim they never officially agreed to swap their debt for equity. The Tacit group had agreed to exchange as much as $80 million in Town Sports debt for ownership. Because some lenders object to the company's new capital structure, they argued during a court hearing held by telephone and video on Monday, November 30, 2020, that they never signed the court documents that set up a so-called credit bid. According to Reuters, U.S. Bankruptcy Judge Christopher Sontchi in Wilmington, Delaware rejected an attempt by the company's lenders to halt the sale of the gym operator, saying it was too late for the lenders to back out of their role in the transaction. Judge Sontchi issued his ruling on the lenders’ motion for an injunction against the sale during the hearing. About Town Sports Town Sports International, LLC and its subsidiaries are owners and operators of fitness clubs in the United States, particularly in the Northeast and Mid-Atlantic regions. As of Dec. 31, 2019, the Company operated 186 fitness clubs under various brand names, collectively serving approximately 605,000 members. Town Sports owns and operates brands such as New York Sports Clubs, Boston Sports Clubs, Philadelphia Sports Clubs, Washington Sports Clubs, Lucille Roberts and Total Woman. Town Sports and several of its affiliates filed for bankruptcy protection (Bankr. D. Del. Lead Case No. 20-12168) on Sept. 14, 2020. The petitions were signed by Patrick Walsh, chief executive officer. The Debtors were estimated to have $500 million to $1 billion in consolidated assets and consolidated liabilities. The Hon. Christopher S. Sontchi presides over the cases. Young Conaway Stargatt & Taylor, LLP, and Kirkland & Ellis LLP have been tapped as bankruptcy counsel to the Debtors. Houlihan Lokey, Inc., serves as financial advisor and investment banker to the Debtors, and Epiq Corporate Restructuring LLC acts as claims and noticing agent to the Debtors. TUESDAY MORNING: John Lewis Removed as Equity Committee Member -------------------------------------------------------------- The Office of the U.S. Trustee disclosed in a notice filed with the U.S. Bankruptcy Court for the Northern District of Texas that these creditors are the remaining members of the official committee of equity security holders in the Chapter 11 cases of Tuesday Morning Corp. and its affiliates: 1. Kevin Barnes 4030 South Whitehorse, #408 Devault, PA 19432 646-265-9535 KevinRBarnes@gmail.com 2. Patrick Conlin, President Milestone Capital Management Crowne Plaza 3131 Campus Drive, Ste. 100 Plymouth, MN 55441 612-308-4788 952-476-0004-fax pat@milestonusa.com 3. Alexander Keoleian 6901 Stoneridge Drive North Richland Hills, TX 76182 972-275-9820 akeoleian@gmail.com 4. Adam Gui 901 Watercress Drive Naperville, IL 60540 917-805-2955 Gui.adam@gmail.com John Lewis' name did not appear in the notice. He was appointed as committee member on Oct. 5, 2020, court filings show. About Tuesday Morning Corporation Tuesday Morning Corporation, together with its subsidiaries, is a closeout retailer of upscale home furnishings, housewares, gifts, and related items. It operates under the trade name "Tuesday Morning" and is one of the original "off-price" retailers specializing in providing unique home and lifestyle goods at bargain values. Based in Dallas, Tuesday Morning operated 705 stores in 40 states as of Jan. 1, 2020. For more information, visit http://www.tuesdaymorning.com/ On May 27, 2020, Tuesday Morning and six affiliates sought Chapter 11 protection (Bankr. N.D. Tex. Lead Case No. 20-31476). Tuesday Morning disclosed total assets of $92 million and total liabilities of $88.35 million as of April 30, 2020. The Hon. Harlin Dewayne Hale is the case judge. The Debtors tapped Haynes and Boone, LLP as general bankruptcy counsel; Alixpartners LLP as financial advisor; Stifel, Nicolaus & Co., Inc. as investment banker; A&G Realty Partners, LLC as real estate consultant; and Great American Group, LLC as liquidation consultant. Epiq Corporate Restructuring, LLC, is the claims and noticing agent. The Office of the U.S. Trustee appointed a committee of unsecured creditors on June 9, 2020. The creditors committee is represented by Munsch Hardt Kopf & Harr, P.C. Winstead PC, as Texas co-counsel. On Oct. 5, 2020, the Office of the U.S. Trustee appointed a committee to represent equity security holders. The equity committee tapped Pachulski Stang Ziehl & Jones, LLP as its legal counsel, and PJ Solomon, L.P. and PJ Solomon Securities, LLC as its financial advisor and investment banker. TWM RACING: Unsecureds Get 3 Yearly Payments in Subchapter V Plan ----------------------------------------------------------------- TWM Racing Products, Inc., filed an AMended and Restated Plan under Subchapter V of Chapter 11 of the Bankruptcy Code. Class 1 consists of Administrative Expenses allowed under Section 503(b) of the Bankruptcy Code. This class includes the fees and expenses of the Sub-Chapter V Trustee. His fees and expenses, upon allowance, (notice and hearing) will be paid, in preference to unsecured creditors. Class 2 consists of the allowed secured claim of The Evangeline Bank & Trust Company- The Evangeline Bank & Trust Company filed five (5) claims in this case. They will be dealt with as follows: [i.] Claim No 2 was filed as secured in the amount of $313,078.83. However, attached to this claim is a mortgage on land owned by individuals [not property of this estate]. After objection by the Debtor, an order was signed September 29, 2020, sustaining the debtor's objection and Claim No. 2, of The Evangeline Bank & Trust Company is fixed as being secured in the sum of $50,171.00, and the remainder of the claim was reduced to unsecured status. [ii.] Claim No. 3 was filed as secured in the amount of $48,336.05. However, attached to the claim as proof of security is a mortgage on land owned by the shareholders of the debtor and no proof of any security interest in any collateral owned by the debtor. As a result, under Section 506 this claim is unsecured. After objection by the Debtor, an order was signed September 29, 2020, sustaining the debtor's objection and Claim No. 3, of The Evangeline Bank & Trust Company was reduced to unsecured status. [iii.] Claim No.4 was filed as secured in the amount of $36,922.12. It has the same promissory note attached that is also attached to Claim No. 2 ($50,171.00). An objection was filed as to this claim and an agreed order signed by counsel for debtor, counsel for The Evangeline Bank & Trust Company, and the Sub-Chapter V Trustee was submitted to the Court on September 22, 2020. That order, upon execution, will provide that the debtor's objection is sustained and Claim No. 4, of The Evangeline Bank & Trust Company was disallowed. [iv.] Claim No 7 was filed as unsecured in the amount of $5,811.26. This is described as a credit card. After objection by the Debtor, an order was signed September 29, 2020, denying the debtor's objection as moot as Claim No. 7, of The Evangeline Bank & Trust Company was withdrawn by it. [v.] Claim No 9 was filed as secured in the amount of $9,254.32. This is described as a credit card, secured by real estate. An objection was filed as to this claim and the same will be treated as fully unsecured, as there is no "real estate" owned by this debtor. Further the amount of the claim is subject to determination as to amount in Adversary No. 20-05017, being captioned “Kenneth Allen Taylor and Barbara Frazier Taylor versus The Evangeline Bank & Trust Company,” on the docket of this court. That litigation involves the same debt (credit card) on which the individuals are also obligated. The basis for that litigation is the receipt by those individuals several months after the filing of their cases of a statement reflecting that a significantly lower amount was owed. They believe that is due to payments made on that account after the date of the judgment. Finally, a Motion to Determine the Secured status of the claim of The Evangeline Bank & Trust Company was filed by debtor and an agreed order signed by counsel for debtor, counsel for The Evangeline Bank & Trust Company, and the Sub-Chapter V Trustee and was submitted to the Court on September 22, 2020. That order, upon execution, will provide that the secured claim of The Evangeline Bank & Trust Company is fixed in the amount of $50,171.00. The claim of The Evangeline Bank & Trust Company, is recognized as being secured, by fixtures and equipment, in the sum of $50,171.00. The secured claim ($50,171.00) will be paid in full in eighty-four (84) equal monthly installments, due and payable on the 15th day of the month, together with five per cent (5%) interest, which payments are in the sum of $559.60 per month, beginning one month after the Effective Date. It is unsecured in this case as far as the remainder of its claim which will be paid as set forth in Class 3 below. Nothing is intended to affect the lien of The Evangeline Bank & Trust Company on the land and building, which is owned by the individual owners of the debtor but not the debtor. The Evangeline Bank & Trust Company, is recognized as having an unsecured claim in the amount of $320,498.20. This will be paid along with all other unsecured claims as set forth in Class 4. Class 3 consists of Priority Tax Claims – this class consists of two (2) claims, the IRS and the State of Louisiana. (a.) U.S.A. Department of Treasury – Internal Revenue Service – No claim was filed, but a Notice was received by the debtor that "adjustments" were made to its 2019 Form 941 return which reflected that the "adjusted amount due" is $5,233.51. It also received notice from that agency that "adjustments" were made to its 2019 Form 940 return which reflected that the "adjusted amount due" is $252.48. (b.) State of Louisiana Department of Revenue – it filed a claim (No. 10) reflecting that no amount was owed. However, debtor received a “Notice of Proposed Tax Due” from the Louisiana Department of Revenue reflecting that sales tax was due for the period ending 3/31/2020 of $131.71. This period includes substantial time prior to the filing of this case on March 3, 2020. Further, debtor received Notice of Proposed Tax Due from the Louisiana Department of Revenue reflecting that withholding tax was due for the period ending 3/31/2020 of $1,415.93. This period includes substantial time prior to the filing of this case on March 3, 2020. These claims will be paid in full in sixty (60) equal monthly installments, due and payable on the 1st day of the month, together with such interest as they are entitled under the Internal Revenue Code and the Louisiana Revenue Code, which payments are in the sum of $92.60 per month, in preference to any unsecured creditor, beginning one month after the Effective Date. Class 4 consists of Unsecured claims. These will be paid from such funds as are available after payment of Classes 1-2, operating expenses, including taxes, in three (3) annual installments beginning one year after the Effective Date.The amount of these installments will be no less than $1,000.00. A full-text copy of the Plan of Reorganization dated September 30, 2020, is available at https://tinyurl.com/y624aq8g from PacerMonitor.com at no charge. Attorney for the Debtor: THOMAS R. WILLSON 1330 JACKSON STREET ALEXANDRIA, LOUISIANA 71309 Tel: (318) 442-8658 Fax: (318) 442-9637 E-mail: rocky@rockywillson@law.com About TWM Racing Products TWM Racing Products, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. La. Case No. 20-80142) on March 3, 2020, listing under $1 million on both assets and liabilities. The Debtor is represented by Thomas R. Willson, Esq. UNIMEX CORPORATION: Seeks to Hire Tyler Bartl as Legal Counsel -------------------------------------------------------------- Unimex Corporation seeks approval from the U.S. Bankruptcy Court for the Eastern District of Virginia to hire Tyler, Bartl & Ramsdell, P.L.C. as its legal counsel. Unimex requires the firm to: a. assist with required schedules and related forms; b. represent the Debtor at creditors' meetings; c. advise the Debtor of its duties and responsibilities under the Bankruptcy Code; d. assist in preparing monthly financial forms; e. analyze cash flow and financial matters; f. assist and advise the Debtor in connection with executory contracts; g. draft documents to reflect agreements with creditors; h. resolve motions for relief from stay and adequate protection; i. negotiate for obtaining financing and use of cash collateral, as necessary; j. determine whether reorganization, dismissal, or conversion is in the best interests of the Debtor and its creditors; k. work with creditors' committee and other counsel, if any; l. work on any disclosure statement and plan of reorganization; and m. handle other matters that arise in the normal course of administration of this bankruptcy estate. The firm will charge the Debtor at its usual and customary hourly rate of $400 for bankruptcy services rendered and will seek reimbursement of all out-of-pocket expenses incurred. Tyler Bartl is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code, according to a court filing. The firm can be reached through: Steven B. Ramsdell, Esq. TYLER, BARTL & RAMSDELL, P.L.C. 300 N. Washington St., Suite 310 Alexandria, VA 22314 Telephone: (703) 549-5003 About Unimex Corporation Based in Sterling, Va., Unimex Corporation provides product sourcing, manufacturing, storage, distribution and sales services to governments, businesses and individual consumers. Unimex Corporation sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Va. Case No. 20-12535) on November 16, 2020. The petition was signed by Weiwei Jian, president. At the time of the filing, Debtor had estimated assets of between $1 million and $10 million and liabilities of the same range. Tyler, Bartl & Ramsdell, PLC is Debtor's legal counsel. US REAL ESTATE: Unsecured Creditors Seek Ch. 11 Trustee Appointment ------------------------------------------------------------------- The Official Unsecured Creditors Committee requests the U.S. Bankruptcy Court for the District of Kansas to appoint a Chapter 11 trustee for US Real Estate Equity Builder LLC. The Committee's motion is a joinder of the United States Trustee's Motion to Appoint a Chapter 11 trustee for the Debtor. Based on the joinder, the Committee does not believe that the current management structure of the Debtor has the capacity or the intention to prosecute several Chapter 5 actions that could be brought to recover preferential and fraudulent transfers which could be paid to unsecured creditors. A copy of the Joinder is available at https://bit.ly/3qjLd4r from Pacermonitor.com for free. About US Real Estate Equity Builder US Real Estate Equity Builder LLC is primarily engaged in renting and leasing real estate properties. US Real Estate Equity Builder LLC filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. of Kan. Case No. 20-21358) on Oct. 2. 2020. US Real Estate President Sean Tarpenning signed the petition. At the time of filing, the Debtor disclosed $5,281,000 in assets and $13,985,020 in liabilities. Judge Robert D. Berger oversees the case. George J. Thomas, Esq., at Phillips & Thomas LLC, represents the Debtor as counsel. VALARIS PLC: Court Approves $11 Million Executives' Incentives -------------------------------------------------------------- Law360 reports that a Texas bankruptcy judge Monday, November 30, 2020 gave Valaris PLC permission to pay its top executives up to $11 million in performance bonuses, despite asking if the offshore drilling contractor was sending its management after the right goals. Following the remote hearing, U.S. Bankruptcy Judge Marvin Isgur said Valaris had met its legal burden to have its key employee incentive program approved, but questioned if some of the metrics used to award the bonuses could incentivize acts that would reduce the company's earnings. About Valaris PLC Valaris PLC (NYSE: VAL) provides offshore drilling services. It is an English limited company with its corporate headquarters located at 110 Cannon St., London. Visit http://www.valaris.com/for more information. On Aug. 19, 2020, Valaris and its affiliates sought Chapter 11 protection (Bankr. S.D. Tex. Lead Case No. 20-34114). The Debtors tapped Kirkland & Ellis LLP and Slaughter and May as their bankruptcy counsel, Lazard as investment banker, and Alvarez & Marsal North America LLC as their restructuring advisor. Stretto is the claims agent, maintaining the page http://cases.stretto.com/Valaris Kramer Levin Naftalis & Frankel LLP and Akin Gump Strauss Hauer & Feld LLP serve as legal advisors to the consenting noteholders while Houlihan Lokey Inc. serves as their financial advisor. VICTORIA TOWERS: Seeks to Hire Joseph A. Broderick as Accountant ---------------------------------------------------------------- Victoria Towers Development, Corp. seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire Joseph A. Broderick, P.C. as its accountant. The firm will prepare monthly operating statements, file all documents regarding pre-bankruptcy and post-petition taxes, and keep the books and records of the Debtor. The firm is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The accountant can be reached through: Joseph A. Broderick, CPA JOSEPH A. BRODERICK, P.C. 734 Walt Whitman Rd. Melville, NY 11747 Telephone: (631) 462-1779 About Victoria Towers Development Victoria Towers Development Corp. is the owner of fee simple title to 29 residential condo units located at 133-38 Sanford Avenue, Flushing NY having an appraised value of $33.37 million. Victoria Towers Development Corp., based in Flushing, NY, filed a Chapter 11 petition (Bankr. E.D.N.Y. Case No. 20-73303) on Oct. 30, 2020. In its petition, the Debtor disclosed $33,370,000 in assets and $39,217,115 in liabilities. The petition was signed by Myint J. Kyaw, president. The Hon. Robert E. Grossman presides over the case. Rosen & Kantrow, PLLC serves as the Debtor's bankruptcy counsel. VRAI TABERNACLE: Hires Brian K. Mc Mahon as Counsel --------------------------------------------------- VRAI Tabernacle de Jesus, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of Florida to employ Brian K. Mc Mahon, P.A., as counsel to the Debtor. VRAI Tabernacle requires Brian K. Mc Mahon to: a. give legal advice to the Debtor with respect to its powers and duties as a debtor-in-possession; b. advise the Debtor with respect to its responsibilities in complying with the U.S. Trustee's Operating Guidelines and Reporting Requirements and with the rules of the court; c. prepare motions, pleadings, orders, applications, adversary 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; and e. represent the Debtor in negotiation with its creditors in the preparation of a plan. Brian K. Mc Mahon will be paid at the hourly rate of $400. Brian K. Mc Mahon will be paid a retainer in the amount of $9,600. Brian K. Mc Mahon will also be reimbursed for reasonable out-of-pocket expenses incurred. Brian K. Mc Mahon, partner of Brian K. Mc Mahon, 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. Brian K. Mc Mahon can be reached at: Brian K. Mc Mahon, Esq. BRIAN K. MC MAHON, P.A. 1401 Forum Way, 6th Floor West Palm Beach, FL 33401 Tel: (561) 478-2500 Fax: (561) 478-3111 About VRAI Tabernacle de Jesus Vrai Tabernacle de Jesus, Inc., a non-profit religious organization, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 20-21421) on Oct. 19, 2020. At the time of the filing, the Debtor disclosed assets of between $1 million and $10 million and liabilities of the same range. Judge Mindy A. Mora oversees the case. Brian K. McMahon, Esq., is the Debtor's bankruptcy attorney. W133 OWNER: Trustee Seeks to Hire Wenig Saltiel as Special Counsel ------------------------------------------------------------------ Lori Lapin Jones, Esq., the appointed trustee in the Chapter 11 case of W133 Owner, LLC, seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to employ Wenig Saltiel LLP as her special counsel. The trustee needs the firm's legal services relating to tenancy and lease-related issues. The trustee seeks to compensate the firm from the Debtor's estate without further order of the court up to $7,500 for the firm's fees, plus its out-of-pocket expenses. Jeffrey Saltiel, Esq., the firm's attorney who will be proving the services, charges an hourly fee of $350. Mr. Saltiel disclosed in court filings that the firm neither holds nor represents an interest adverse to the estate and is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Jeffrey L. Saltiel, Esq. Wenig Saltiel LLP 26 Court Street, Suite 1200 Brooklyn, NY 11242 Telephone: (718) 797-5700 Email: JSaltiel@Ltattorneys.com About W133 Owner LLC Brooklyn, N.Y.-based W133 Owner LLC is primarily engaged in renting and leasing real estate properties. W133 Owner sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 20-42637) on July 16, 2020. The petition was signed by Levi Balkany, sole member. At the time of the filing, Debtor had estimated assets of less than $50,000 and liabilities of between $10 million and $50 million. Judge Nancy Hershey Lord oversees the case. Rosenberg Musso & Weiner, LLP is Debtor's legal counsel. On Sept. 14, 2020, the court approved the appointment of Lori Lapin Jones, Esq. as Debtor's Chapter 11 trustee. The trustee is represented by LaMonica, Herbst & Maniscalco, LLP. WELCOME HOME: Taps David A. Boone as Legal Counsel -------------------------------------------------- Welcome Home Senior Residence (Fair Oaks), LLC received approval from the U.S. Bankruptcy Court for the Northern District of California to hire the Law Offices of David A. Boone as its legal counsel. The Debtor requires the firm to: (a) advise the Debtor with respect to his powers and duties; (b) attend meetings and negotiate with creditors and other parties in interest; (c) take all necessary action to protect and preserve the Debtor's estate; (d) prepare legal papers and review the monthly operating reports required to be filed in the Debtor's Chapter 11 case; (e) negotiate and prepare a plan for reorganization and related agreements or documents; (f) advise the Debtor in connection with the possible sale or any possible refinance of their assets; (g) appear before the court; and (h) perform all other necessary legal services. The firm will be paid at following hourly rates: Atty. David A. Boone $450 Atty. Anh Nguyen $425 Paralegal $200 Pre-petition, the firm received a retainer of $7,500 from the Debtor in connection with the Chapter 11 bankruptcy proceeding. The Law Offices of David A. Boone does not hold or represent any interest adverse to the estate and is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code, according to a court filing. The firm can be reached through: David A. Boone, Esq. Anh H. Nguyen, Esq. LAW OFFICES OF DAVID A. BOONE 1611 The Alameda San Jose, CA 95126 Telephone: (408) 291-6000 Facsimile: (408) 291-6016 Email: ecfdavidboone@aol.com About Welcome Home Senior Residence Welcome Home Senior Residence (Fair Oaks), LLC, which operates an assisted living facility, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No. 20-41559) on September 24, 2020. The petition was signed by Steve Chou, managing member. At the time of the filing, Debtor had estimated assets of less than $50,000 and liabilities of between $1 million and $10 million. Judge Hon. Roger L. Efremsky oversees the case. The Law Offices of David A. Boone is Debtor's legal counsel. ZIOPHARM ONCOLOGY: In Fight With Minority Investor Over Control --------------------------------------------------------------- Max Gelman of Endpoints News reports that while most of America spent the holiday weekend eating turkey and Zooming with relatives trying to make the best of a pandemic Thanksgiving, Ziopharm Oncology and WaterMill Asset Management Corp played out what a family dinner might have looked like in a year without Covid-19, going for each other's throats in the latest chapter of the latter's activist attack. The small cap immunotherapy player traded blows with the 3.3% stakeholder following a Wednesday report by proxy adviser Institutional Shareholder Services, which said shareholders should vote to replace two of Ziopharm's board members with individuals proposed by WaterMill, according to Reuters. WaterMill is seeking to oust half of Ziopharm's eight-member board as the focus of its activist attack launched earlier November 2020. As part of its plan, WaterMill had recommended investors elect the investment firm's founder Robert Postma and two others to Ziopharm's board. ISS said that only nominees Jaime Vieser and Holger Weis should be added, not Postma himself. Under ISS’s advice, the pair would replace Ziopharm chairman Scott Tarriff and another board member, Elan Ezickson. Both sides claimed victory after the report. Ziopharm took the position Friday that the advisory firm told shareholders to reject WaterMill's "full slate" of board members, including the apparent repudiation of adding Postma. The company took exception, however, to the endorsement of Weis as a board candidate, claiming he proved a key force in driving the biotech DemeRx to bankruptcy in 2018. Ziopharm highlighted several pieces from a publicly available Chapter 11 filing in 2018, detailing what it says shows a history of Weis' corporate malpractice during his tenure as president, COO and CFO of DemeRx. Weis had resigned from DemeRx in July 2017, but the bankruptcy procedures the next year appeared to lay the blame at his feet. "In response to Mr. Weis's creditor claim as part of the Chapter 11 bankruptcy filing, DemeRx claimed that Mr. Weis engaged in a breach of his fiduciary duties, corporate waste, misrepresentations of critical information to prospective shareholders about a clinical trial and misreporting of an FDA submission," Ziopharm said. WaterMill, meanwhile, accused Ziopharm on Saturday of engaging in a "desperate, low-road smear campaign" against Weis after saying ISS approved of their proposal for "boardroom change." Postma noted two former DemeRx executives vouched for Weis and claimed the filing from which Ziopharm quoted was cherry-picked and "completely unsubstantiated." "Ziopharm's incumbent Board never fails to disappoint when it comes to taking the low road," Postma said in a statement. "Unfortunately for them, WaterMill will continue to make this contest about the issues that matter to shareholders. Holger, Jaime and I are committed to joining the Board and helping Ziopharm veer off its current path to financial ruin." Ziopharm and WaterMill declined to comment beyond their press releases, and ISS declined to share its advisory report with Endpoints News. The drama all started earlier this month when WaterMill began its attack, alleging Ziopharm's business plan has been detrimental to shareholder value with the company's stock down roughly 40% since the start of 2020. WaterMill wanted new board members to turn the ship around and sent its proposal to shareholders on Nov 2. Ziopharm responded by saying the new board members lacked the experience to run a public company. And a couple of weeks ago, board member Scott Braunstein, who was one of the individuals WaterMill sought to replace, resigned. Ziopharm appointed Mary Thistle in his stead, the former chief of staff at the Bill & Melinda Gates Foundation. Tariff and Ezickson remain on the board, and Thistle is Ziopharm's fifth new board member since June 2019. The biotech's stock has not fully recovered since a patient died in a gene therapy study back in 2016, though it was deemed unrelated to the treatment. In 2018, Ziopharm was forced to halt a Phase I study for a CAR-T therapy after the FDA placed a clinical hold on the trial. But earlier this year, Ziopharm saw some early, positive overall survival data for their controlled IL-12 treatment in glioblastoma. The company is also looking at combining that experimental drug with Regeneron’s Libtayo. About Ziopharm Oncology Inc. ZIOPHARM Oncology, Inc., is a biopharmaceutical company seeking to develop, acquire and commercialize, on its own or with partners, a diverse portfolio of cancer therapies that address unmet medical needs. The Company currently focused on developing products in immuno-oncology that employ novel gene expression, control and cell technologies to deliver safe, effective and scalable cell- and viral-based therapies for the treatment of cancer and graft-versus-host-disease (GvHD). [*] High Profile Retail Casualties of Covid-19 in 2020 ------------------------------------------------------ Retail magnate Philip Green's Arcadia, which owns Topshop and many other British fashion brands, filed for administration on Monday, November 30, 2020, the biggest British corporate insolvency so far of the coronavirus pandemic. Here are some other high-profile retail names hit by the virus outbreak: United States: * NEIMAN MARCUS The 113-year-old luxury department store chain Neiman Marcus Holding Co said on Sept. 25. 2020 it had completed its Chapter 11 bankruptcy protection process, emerging from one of the highest-profile retail collapses during the COVID-19 pandemic. Its restructuring plan eliminated more than $4 billion of debt and $200 million of annual interest expenses. * J.C. PENNEY A U.S. judge on Nov. 10, 2020 approved a deal to rescue J.C. Penney Co Inc from bankruptcy proceedings precipitated by the coronavirus pandemic, averting a liquidation that would have put the beleaguered department store chain out of business and jeopardized tens of thousands of jobs. * J. CREW J. Crew Group Inc filed for bankruptcy protection on May 4. 2020 with a plan to hand over control to lenders. The New York-based chain, known for preppy clothing, filed for bankruptcy in a Virginia federal court with an agreement to eliminate $1.65 billion of debt in exchange for ceding ownership to lenders. In addition to cancelling debt, J. Crew planned to permanently close some stores. * LORD & TAYLOR One of the world's oldest department store operators, it was founded by two English immigrants in New York City in 1826, Lord & Taylor filed for Chapter 11 bankruptcy in August. * BROOKS BROTHERS Brooks Brothers filed for Chapter 11 bankruptcy on July 8, 2020, saying its strategic review process was still underway and the bankruptcy filing would help it obtain additional financing to facilitate the sale. The 200-year old apparel retailer, the first to tailor the button-down Polo shirt in 1896, had already been struggling as corporate America relaxed its dress code for employees, allowing them to choose casual dressing over bespoke suits. * TAILORED BRANDS Men's Wearhouse owner Tailored Brands filed on Aug. 2, 2020 for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern District of Texas. * STAGE STORES Discount department store operator Stage Stores Inc filed for Chapter 11 bankruptcy on May 10. 2020 with the U.S. Bankruptcy Court for the Southern District of Texas. It said it would seek bids for the business or any of its assets, while it also begins to wind down its operations. * ANN TAYLOR Ascena Retail Group, owner of Ann Taylor and Lane Bryant, filed for Chapter 11 bankruptcy protection on July 23, 2020 succumbing to the economic fallout of the COVID-19 pandemic. Great Britain: * DEBENHAMS British department store group Debenhams went into administration on April 9, 2020 for the second time in 12 months, seeking to protect itself from legal action by creditors during the coronavirus crisis that could have pushed it into liquidation. JD Sports is in exclusive talks with Debenhams over a potential rescue takeover, The Times newspaper reported on Nov. 23, 2020. * LAURA ASHLEY Fashion retailer Laura Ashley Holdings said on March 23, 2020 it would permanently shut 70 stores and cut hundreds of jobs as it appointed administrators following a damaging blow to its business from the coronavirus pandemic. Laura Ashley brand homeware will be sold from next year in stores of UK retailer Next under a deal, UK media reported in early November. * OASIS, WAREHOUSE British fashion brands Oasis and Warehouse, which were owned by Icelandic bank Kaupthing, fell into administration in mid-April 2020 after failing to find buyers and said COVID-19 had had a devastating impact on business. Online fashion group Boohoo said in June 2020 it was buying Oasis and Warehouse for 5.25 million pounds, but their stores are all closing. * EDINBURGH WOOLLEN MILL, PEACOCKS, JAEGER The owner of British fashion chains Edinburgh Woollen Mill, Peacocks and Jaeger fell into administration in November 2020, putting 4,716 jobs at risk. The retailers are part of privately-owned EWP Group. * MONSOON, ACCESSORIZE Fashion retailers Monsoon and Accessorize went into administration in June 2020 after a UK national lockdown made business unviable, and were then bought out of administration by their founder with plans to close 35 stores, make 545 staff redundant and seek rent cuts for remaining shops to try and stay afloat. * GO OUTDOORS JD Sports on June 23. 2020 appointed Deloitte as administrator for its loss-making outdoor clothing chain Go Outdoors as it bought back assets of the unit in a pre-pack administration deal. Go Outdoors, which JD first bought for 112 million pounds ($149 million) four years ago, has struggled with significant losses as sales declined at its 67 stores, and JD had been exploring options for the division while the coronavirus lockdown mounted further pressure. Canada: * REITMANS Reitmans, which was founded in 1926 and retails fashion apparel through 576 stores across Canada and online, said in May 2020 it had obtained preliminary approval to seek bankruptcy protection in order to restructure its operations as the COVID-19 pandemic caused prolonged store closures. In June 2020 it said it would permanently shut down its Thyme Maternity and Addition Elle brands. * LE CHATEAU Canadian fashion retailer Le Chateau Inc, which sells occasion- and party-wear, said on Oct. 23, 2020 it had sought creditor protection and was preparing to liquidate its assets and wind down operations after taking a hit from the COVID-19 impact. Some other high-profile retail casualties around the world: * AUSTRALIA'S PAS GROUP Melbourne-based clothing retailer PAS Group Ltd said on May 29, 2020 it had entered voluntary administration to review its operations, citing tough financial market conditions as the effects of the coronavirus pandemic continued to unfold. * SOUTH AFRICA'S EDCON Edcon, one of South Africa's oldest retail groups and owner of department store chain Edgars and budget clothing retailer Jet, applied for a form of bankruptcy protection in April 2020 after a coronavirus lockdown shut its stores across the country. Parts of Edcon are being sold as part of a restructuring. * SWEDEN'S MQ Swedish fashion retailer MQ said on April 16, 2020 it would file for bankruptcy, citing plunging sales because of the COVID-19 pandemic. [*] Small SBRA Changes Makes Huge Difference in Bankruptcy Filings ------------------------------------------------------------------ Teadra Pugh of Bloomberg Law notes that small business bankruptcies filed under the new Subchapter V accounted for approximately 18% of all Chapter 11 cases filed in 2020 through Oct. 31, 2020 according to calculations using Bloomberg Law Dockets and statistics from Epiq. He says expanding Subchapter V eligibility could help even more small businesses by allowing them a more direct path to restructuring during this economic downturn. In the fall of 2019, Congress made several changes to the Bankruptcy Code. One of those changes, the Small Business Reorganization Act (SBRA), created a new subchapter of Chapter 11—Subchapter V—providing a simplified, equity-friendly, and potentially less expensive route to bankruptcy reorganization for small business debtors. While no one could have predicted the nature and level of economic uncertainty encountered in 2020, the 2019 SBRA is proving to be a useful tool for struggling small businesses. Subchapter V Filings According to Bloomberg Law Dockets, more than 1,300 debtors have elected to proceed under Subchapter V so far in 2020. This number includes approximately 120 debtors whose cases were filed prior to the Feb. 19, 2020, effective date of the SBRA but chose to amend their petitions to make the election. Furthermore, when the SBRA became effective, the liability limit to qualify as a small business debtor under the code was $2,725,625. But in March 2020, The Coronavirus Aid, Relief, and Economic Security (CARES) Act temporarily increased the debt limit to $7.5 million for one year. The case filings in the Bankruptcy Court for the District of Delaware, for example, reveal that of the 29 Subchapter V cases filed there, six (20%) had debtors who became eligible for Subchapter V as a result of the increased liability limit provided by the CARES Act. Another seven (24%) were re-designated when the debtor or an affiliate exceeded the statutory debt limit. If these patterns are typical of other courts and remain consistent, they could bolster arguments for extending the expiration date of the $7.5 million liability limit beyond March 2021 or even further increasing the debt limit. ********* 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 ***