/raid1/www/Hosts/bankrupt/TCR_Public/250313.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Thursday, March 13, 2025, Vol. 29, No. 71
Headlines
ADELAIDA CELLARS: Gets Final OK to Use Cash Collateral
AMERICANAS SA: Begins Arbitral Proceeding Against Former Execs.
AQ CARVER: Moody's Lowers CFR to 'B3', Outlook Stable
ARIS WATER: S&P Affirms 'B+' Issuer Credit Rating, Outlook Stable
BETTER 4 YOU BREAKFAST: Intrepid Entitled to $962,500 in Damages
BEXIN REALTY: Claims Will be Paid from Property Sale/Refinance
BRIGHT MOUNTAIN: Reports Reduced Net Loss of $17 Million for 2024
BRYAN BOWERS: Secured Party Sets March 11 Auction
BURGERFI INT'L: Gets Court Chapter 11 Plan OK Despite Objections
CLARIO HOLDINGS: S&P Withdraw 'B-' ICR on Debt Repayment
CLEVELAND INSTITUTE: S&P Affirms 'BB' Rating on 2018 Revenue Bond
COGENTRIX FINANCE: S&P Assigns 'BB-' Rating on Senior Debt
CONTAINER STORE: Bankruptcy Judge to Issue Opt-Out Dispute Ruling
CREDITO REAL: Restructuring Gains US Recognition Despite Opposition
CREEKSIDE 2019: Seeks Chapter 11 Bankruptcy in Texas
CRITICAL REHAB: Court Approves Final Use of Cash Collateral
DECO GROUP: Seeks Subchapter V Bankruptcy in Texas
DECORATIVE PLUMBING: Gets Final OK to Use Cash Collateral
DIOCESE OF BURLINGTON: Creditors Resist Priests' Pension in Ch. 11
DIOCESE OF NEW ORLEANS: Creditor Seeks Committee Seat
ENSYSCE BIOSCIENCES: Reports $7.99 Million Net Loss for 2024
FOOTHILL & TOWNE: To Sell Vacant Lot to Foothill Place for $6.2MM
FULCRUM BIOENERGY: Gets Court Okay for Chapter 11 Plan Disclosure
GOLDMAKER INC: Unsecureds Will Get 12.27% of Claims over 60 Months
GRID AT MESA: Deal to Use Midland's Cash Collateral OK'd
HARVEST NUTRITION: Claims to be Paid From Business Revenues
HERSHEY CHAN: Seeks Chapter 11 Bankruptcy in New York
HIGHLANDS GROUP: To Sell 180-Acre Parcel to Charles Conzatti
HULKZ CONSTRUCTION: Files Amended Plan; Plan Hearing March 18
JW ALUMINUM: Moody's Affirms 'B3' CFR & Alters Outlook to Stable
LA SALLE: Fitch Lowers IDR to 'BB-', Outlook Negative
LCI INDUSTRIES: S&P Assigns 'BB-' ICR, Outlook Stable
LEASING TRUCK: Unsecured Creditors to Split $70K over 5 Years
LITTLE MINT: Seeks to Sell Restaurant Assets at Public Sale
LIVE NATION: Moody's Raises CFR to 'Ba2' & Alters Outlook to Stable
MASDAC LLC: Creditors to Get Adversary Proceedings & Receivables
MAXLINEAR INC: Moody's Lowers CFR to B3 & Alters Outlook to Stable
MITEL NETWORKS: Gets Court Okay for $131MM Financing
MOM CA INVESTCO: 19 Affiliates' Chapter 11 Case Summary
MOSAICS PUBLIC: Moody's Affirms Ba1 Rating on 2024A Revenue Bonds
MTL PARTNERS: Unsecured Creditors to Split $69K over 3 Years
NORTHVOLT AB: Prepares Bankruptcy Filing for Swedish Operations
NORTHWEST GRADING: Gets Final OK to Use Cash Collateral Until June
NOVO INTEGRATED: Extends CEO Resignation Effective Date to March 31
OCEAN BAY HOLDINGS: Seeks Chapter 11 Bankruptcy in New Jersey
ONDAS HOLDINGS: Reports Reduced Net Loss of $38 Million for 2024
OTB HOLDING: Seeks to Sell Obsolete Assets
PEDIATRIX MEDICAL: Moody's Alters Outlook on 'Ba3' CFR to Positive
PLATINUM HEIGHTS: Gets Interim OK to Use Cash Collateral
PREMIUM CRANE: Claims to be Paid From Available Cash and Income
PROSPECT MEDICAL: Pennsylvania Hospitals Facing Potential Closure
R.R. DONNELLEY: Moody's Affirms 'B3' CFR, Outlook Remains Stable
SASAS HOSPITALITY: Case Summary & 20 Largest Unsecured Creditors
SBLA INC: Case Summary & 20 Largest Unsecured Creditors
SIGNATURE YHM: Case Summary & Five Unsecured Creditors
SPD 2010: $1.2M Sale to Ranam Holdings to Fund Plan Payments
SPIRIT AIRLINES: Opt-Out Releases Very Well Explained, Says Judge
SSS MILWAUKEE: Case Summary & 20 Largest Unsecured Creditors
STARSHIP LOGISTICS: Unsecureds Will Get 9.7% of Claims in Plan
STORABLE INC: Moody's Affirms 'B3' CFR, Outlook Remains Stable
SUNNOVA ENERGY: Fitch Lowers LongTerm IDR to 'CCC-'
SUNNOVA ENERGY: Hires Ducera, Paul Weiss as Cash Crunch Looms
TIMELINE CONSTRUCTION: Court Approves Chap. 11 Trustee Appointment
TREE CONNECTION: Gets OK to Use Cash Collateral Until April 4
TUPPERWARE BRANDS: Court Orders Appointment of Retiree Committee
UNIVERSAL BIOCARBON: U.S. Trustee Unable to Appoint Committee
VALLEY PARK: Gets Final OK to Use Cash Collateral
VALVOLINE INC: Moody's Rates New $650MM First Lien Term Loan 'Ba1'
VILLAGE RV: Seeks Chapter 11 Bankruptcy in Florida
VISION2SYSTEMS LLC: U.S. Trustee Appoints Creditors' Committee
VUZIX CORP: COO Peter Jameson Steps Down for Health Reasons
WALGREENS BOOTS: Moody's Puts 'Ba3' CFR on Review for Downgrade
WAYFAIR LLC: Moody's Rates New $700MM Senior Secured Notes 'B1'
WHITE FOREST: Committee Labels Chapter 11 Loans as Insider Deal
YOUNG TRANSPORTATION: Unsecureds to Get Nothing in Plan
YOUTHFUL SOLUTIONS: Case Summary & 14 Unsecured Creditors
ZACHRY HOLDINGS: Contests Nebraska Utility's Administrative Claim
[] Douglas Mintz Joins Cadwalader's Restructuring Practice
[^] Recent Small-Dollar & Individual Chapter 11 Filings
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ADELAIDA CELLARS: Gets Final OK to Use Cash Collateral
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The U.S. Bankruptcy Court for the Central District of California
granted Adelaida Cellars, Inc. final approval to use cash
collateral.
The court order authorized the company to use cash collateral to
pay its expenses in accordance with its budget. Adelaida Cellars is
not allowed to pay any pre-bankruptcy claims without further court
order.
To the extent that the Kedrin E. Van Steenwyk Issue Trust holds a
perfected, unavoidable and valid lien on the company's cash as of
the petition date and such cash is actually used by the company
post-petition, then the trust will receive a replacement lien on
the company's post-petition cash, according to the court order.
Adelaida Cellars was ordered to remit prep-bankruptcy sales and
excise taxes to the appropriate taxing authorities in the ordinary
course, and to make the last installments for its insurance
policies when they are due.
About Adelaida Cellars Inc.
Adelaida Cellars, Inc. is a family-owned and operated winery in
Paso Robles, Calif.
Adelaida Cellars sought Chapter 11 petition (Bankr. C.D. Calif.
Case No. 24-11409) on December 13, 2024, with $10 million to $50
million in both assets and liabilities. Nicholas D. Rubin, chief
restructuring officer of Adelaida Cellars, signed the petition.
Judge Ronald A Clifford, III oversees the case.
The Debtor is represented by Hamid R. Rafatjoo, Esq., at Raines
Feldman Littrell, LLP.
AMERICANAS SA: Begins Arbitral Proceeding Against Former Execs.
---------------------------------------------------------------
Augusto Decker of Bloomberg Law reports that Americanas SA has
initiated legal proceedings against former CEO Miguel Gomes Pereira
Sarmiento Gutierrez and ex-directors Anna Christina Ramos Saicali,
José Timotheo de Barros, and Marcio Cruz Meirelles, according to a
company filing.
The company seeks to hold the former executives accountable under
Article 159 of Brazilian Corporate Law for all material and
immaterial damages resulting from the multi-billion-dollar
accounting fraud and other illicit acts committed in 2022, the
report states.
About Americanas SA
Americanas was one of the largest diversified retail chains in
Brazil, with a wide platform of physical stores, robust e-commerce,
fintech, and has just entered into the niche food retail. It is
listed on B3, being indirectly controlled by billionaire Jorge
Paulo Lemann, Carlos Alberto Sicupira and Marcel Telles.
The retailer nosedived in January 2023 after becoming mired in an
accounting scandal. The firm filed for bankruptcy at a court in Rio
de Janeiro on Jan. 19, 2023.
Americanas sought protection under Chapter 15 of the Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 23-10092) on Jan. 25, 2023. White &
Case LLP, led by John K. Cunningham, is the U.S. counsel.
AQ CARVER: Moody's Lowers CFR to 'B3', Outlook Stable
-----------------------------------------------------
Moody's Ratings downgraded AQ Carver Buyer, Inc.'s (d/b/a
"CoAdvantage") corporate family rating to B3 from B2 and the
company's probability of default rating to B3-PD from B2-PD.
Concurrently, Moody's downgraded the rating on CoAdvantage's backed
senior secured first lien bank credit facility, comprised of a term
loan maturing 2029 and a revolving credit facility expiring 2028 to
B3 from B2. The company provides outsourced human resources
functions including payroll and related services to small and
medium-sized businesses. The outlook is stable.
The rating action follows the announcement of the company's merger
with PrimePay, a software provider for payroll and human resource
applications, and recent operational weakness. Upon completion of
this transaction, PrimePay will become a non-guarantor subsidiary
of CoAdvantage and with first lien debt of approximately $64
million, increasing the combined entity's 2024 debt-to-EBITDA by
0.5x to approximately 7x (based on Moody's calculations).
CoAdvantage's willingness to continue to maintain a highly levered
capital structure is indicative of the company's aggressive
financial strategies, a key ESG governance consideration and a
driver of the rating action.
RATINGS RATIONALE
The B3 CFR reflects CoAdvantage's high pro forma debt-to-EBITDA of
approximately 7x as of December 31, 2024 as well as small revenue
scale relative to Professional Employer Organization ("PEO")
industry leaders in a highly competitive market with relatively low
barriers to entry. CoAdvantage's exposure to macroeconomic
cyclicality with respect to employment trends, historically
considerable turnover in the company's core SMB customer base, and
substantial revenue concentration in the Southeast United States
also pressure its credit profile. Moreover, CoAdvantage's
concentrated private equity ownership by Aquiline Capital Partners
("Aquiline") presents corporate governance risks, particularly with
respect to aggressive financial strategies. However, the company's
credit profile is supported by the attractive long term secular
growth prospects of the PEO sector and is bolstered strategically
by additional product capabilities offered by PrimePay.
CoAdvantage's recurring revenue business model, which provides good
operating predictability as well as the company's strong
profitability margins and modest capital expenditure budget should
fuel improving free cash flow generation over the next 12-15
months.
CoAdvantage's adequate liquidity position is supported by a pro
forma unrestricted cash balance, excluding client funds, of
approximately $15 million as of December 31, 2024, and Moody's
expectations for muted annual free cash flow over the next 12-15
months due to the incurrence of one-time costs required to
integrate PrimePay's operations. This level of free cash flow may
be insufficient to cover approximately $5.5 million of annual
required first lien term loan amortization. The company's liquidity
is also bolstered by the undrawn $50 million revolving credit
facility maturing in 2028. While the company's term loan is not
subject to financial covenants, the revolving credit facility has a
springing covenant based on a maximum first lien net leverage,
which the company should be comfortably in compliance with over the
next 12-15 months.
The stable outlook reflects Moody's expectations that CoAdvantage
will realize limited annual organic revenue growth in the coming 12
to 18 months as pricing pressures, which weighed on the company's
business in 2024 remain prevalent. Concurrently, Moody's expects
debt-to-EBITDA to contract gradually during this period towards the
mid 6x level.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if CoAdvantage expands revenues and
EBITDA to drive improved scale, Moody's expects the company will
maintain debt-to-EBITDA below 6.5x, annual free cash flow to debt
approaches 5%, and the company adheres to more conservative
financial strategies.
The ratings could be downgraded if CoAdvantage's operating
performance weakens materially or the company adopts more
aggressive financial policies, resulting in a deterioration in
liquidity or a meaningful increase in debt-to-EBITDA from current
levels.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Headquartered in Tampa, FL, CoAdvantage, owned by Aquiline,
provides outsourced human resource functions, including payroll,
benefits acquisition, and regulatory compliance management,
primarily to small and mid-sized businesses. In 2025, Moody's
expects the company to generate net revenue of approximately $360
million.
ARIS WATER: S&P Affirms 'B+' Issuer Credit Rating, Outlook Stable
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S&P Global Ratings affirmed its 'B+' issuer credit rating on Aris
Water Solutions Inc.
S&P said, "At the same time, we assigned our 'B+' issue-level
rating and '4' recovery rating to the Aris Water Holdings, LLC's
proposed $400 million senior unsecured notes. The '4' recovery
rating indicates our expectation for average (30%-50%; rounded
estimate: 40%) recovery in the event of a default.
"The stable outlook reflects our view that Aris will complete the
proposed refinancing and maintain stable volumes across its
systems. We expect the company's S&P Global Ratings-adjusted
leverage will be in the 2.3x-2.7x range in 2025 and 2026."
On March 11, 2025, Aris announced its intention to issue $400
million of senior unsecured notes due 2030, which it will use to
repay its existing $400 million notes due April 2026.
S&P said, "The refinancing will improve the maturity profile of
Aris' capital structure. We do not anticipate the transaction will
involve any significant changes aside from the extension of the
notes' maturity to 2030, which will resolves the near-term maturity
risk related to its outstanding debt."
A stable commodity price environment will likely continue to
support a modest expansion in Aris' volumes, while its
inflation-linked contract escalators further improve its per-barrel
operating margins in 2025. S&P expects the company will increase
its S&P Global Ratings-adjusted EBITDA by at least 10% year over
year in 2025, which will reduce its net leverage to the lower end
of management 2.5x-3.5x target range. Our debt calculation
incorporates an adjustment for tax receivable agreement (TRA)
liabilities of about $99 million as of Dec. 31, 2024, which raises
our S&P Global Ratings-adjusted leverage forecast for 2025 to the
2.3x-2.7x range. Based on Aris' proposed debt structure and
leverage target, we expect it will generate annual free operating
cash flow of $90 million-$100 million, which it will allocate
toward shareholder returns.
The stable outlook reflects our expectation that Aris will
successfully refinance its $400 million senior unsecured notes due
2026 and maintain at least stable volumes across its systems. S&P
expects the company's S&P Global Ratings-adjusted leverage will be
in the 2.3x-2.7x range in 2025 and 2026.
S&P could lower its rating on Aris if its S&P Global
Ratings-adjusted leverage increases above 5x on a sustained basis.
This could occur if:
-- A sharp decline in crude oil prices leads to reduced drilling
activity;
-- The company pursues a more-aggressive financial policy;
-- Its TRA liabilities increase; or
-- More-rigorous environmental or regulatory factors impair its
operations.
S&P could also lower its rating if the company does not
successfully close on the refinancing transaction.
Although unlikely at this time, S&P could take a positive rating
action on Aris if:
-- It significantly expands its size, scale, and geographic
footprint; and
-- Sustains leverage of below 4x.
BETTER 4 YOU BREAKFAST: Intrepid Entitled to $962,500 in Damages
----------------------------------------------------------------
The Honorable Sheri Bluebond of the United States Bankruptcy Court
for the Central District of California granted Intrepid Investment
Bankers LLC's motion for summary judgment or, in the alternative,
summary adjudication against Better 4 You Breakfast, Inc. in the
case captioned as Better 4 You Breakfast, Inc., Debtor, v. Intrepid
Investment Bankers LLC, Defendant, Adv. No. 2:23-ap-01301-BB
(Bankr. C.D. Cal.).
Intrepid is an investment banking firm in the Los Angeles area.
Intrepid and B4YB entered into a valid and enforceable Engagement
Agreement dated Nov. 22, 2019. The Engagement Agreement included a
nonrefundable fee payable upon the execution of Engagement
Agreement equal to $75,000 which fee to be fully credited against
any Transaction Fee. Under the Engagement Agreement, Intrepid was
entitled to a percentage of B4YB's sale proceeds: (i) during the
Engagement Agreement's term; and (ii) within a 12-month period
after the term of the Engagement Agreement. Intrepid was entitled
to be reimbursed for all reasonable out-of-pocket expenses up to
$25,000 under the Engagement Agreement irrespective of whether a
Transaction is completed. Intrepid was retained as the exclusive
investment banker for B4YB under an Engagement Agreement, dated
Nov. 22, 2019, between B4YB and Intrepid.
On June 27, 2022, the Bankruptcy Court entered an order approving
the sale of substantially all of B4YB's assets to RevFoods for $45
million. The sale to RevFoods closed on July 20, 2022, which is
within the Tail Period under the Engagement Agreement. The sale of
B4YB's assets triggered Intrepid's entitlement to a $1,000,000
minimum Transaction Fee under the Engagement Agreement.
The Court finds Defendant Intrepid has demonstrated that no genuine
issues of material fact exist regarding its entitlement to judgment
as a matter of law under Rule 56 of the Federal Rules of Civil
Procedure, made applicable by Rule 7056 of the Federal Rules of
Bankruptcy Procedure.
According to the Court, Intrepid is entitled to damages based on
the tail provision of the Engagement Agreement, which remains
enforceable under California law. The rejection of the Engagement
Agreement pursuant to the Chapter 11 Plan constitutes a breach,
entitling Intrepid to damages calculated under the Agreement's
terms. Damages include the Retainer, the Transaction Fee, Expense
Reimbursement and Attorney Fees.
Intrepid filed a proof of claim, Claim No. 82-1, for $962,500 (as
later corrected) in rejection damages under the tail provision of
the Engagement Agreement. This claim is based on the undisputed
facts that:
a. The Engagement Agreement was valid and enforceable.
b. The Engagement Agreement was rejected under 11 U.S.C. Sec.
365(g), creating a claim for breach damages.
c. B4YB's assets sale occurred during the 12-month tail period,
triggering Intrepid's entitlement to the Transaction Fee as
outlined in the Engagement Agreement.
d. B4YB has failed to provide evidence of probative force to
refute the essential elements of Intrepid's claim.
Specifically:
i. B4YB has not contested the validity or enforceability of the
Engagement Agreement or the tail provision.
ii. B4YB has not provided evidence that negates Intrepid's
entitlement to the Transaction Fee under the terms of the
Agreement.
B4YB's objections and allegations, including claims of breach of
contract, breach of fiduciary duty, and failure to perform, fail to
overcome the presumption of validity because they are unsupported
by evidence and irrelevant to the calculation of rejection
damages.
B4YB has failed to satisfy its burden of production to negate the
validity of Intrepid's claim. Consequently, the presumption of
validity afforded to Intrepid's proof of claim under Rule 3001(f)
remains intact.
Based on the undisputed evidence, Intrepid has established by a
preponderance of the evidence that its claim for $962,500, plus
interest, attorneys' fees, and cost in rejection damages under the
Engagement Agreement is valid and enforceable.
Accordingly, the Court concludes that B4YB has failed to overcome
the burden of proof, and Intrepid is entitled to summary judgment
on its claim.
A copy of the Court's decision dated March 4, 2025, is available at
https://urlcurt.com/u?l=xMCdm2 from PacerMonitor.com.
Attorneys for Defendant, Intrepid Investment Bankers LLC:
Sharon Z. Weiss, Esq.
Cindy Kaneko, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Telephone: (310) 576-2100
Facsimile: (310) 576-2200
E-mail: sharon.weiss@bclplaw.com
cindy.kaneko@bclplaw.com
- and -
Craig K. Schuenemann, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
1700 Lincoln Street, Suite 4100
Denver, CO 80203-4541
Telephone: (303) 861-7000
Facsimile: (303) 866-0200
E-mail: craig.schuenemann@bclplaw.com
- and -
William N. Lobel, Esq.
THEODORA ORINGHER PC
535 Anton Boulevard, Ninth Floor
Costa Mesa, CA 92626-7109
Telephone: (714) 549-6200
Facsimile: (714) 549-6201
E-mail: wlobel@tocounsel.com
About Better 4 You Breakfast
Better 4 You Breakfast, Inc., is a school meal vendor based in Los
Angeles, Calif.
Better 4 You Breakfast sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 22-10994) on Feb. 24,
2022, listing as much as $50 million in both assets and
liabilities. Fernando Castillo, president, signed the petition.
Judge Sheri Bluebond oversees the case.
The Debtor tapped Daniel A. Tilem, Esq., at the Law Offices of
David A. Tilem as bankruptcy counsel; Felahy Employment Lawyers,
APC and Steptoe & Johnson, LLP as special counsels; and Stout
Capital, LLC as investment banker. James Wong, a principal at
Armory Consulting Co., serve as the Debtor's chief restructuring
officer.
The U.S. Trustee for Region 16 appointed an official committee of
unsecured creditors on April 18, 2022. Brinkman Law Group, PC and
Province, LLC serve as the committee's legal counsel and financial
advisor, respectively.
BEXIN REALTY: Claims Will be Paid from Property Sale/Refinance
--------------------------------------------------------------
Bexin Realty Corporation filed with the U.S. Bankruptcy Court for
the Southern District of New York a Disclosure Statement describing
Plan of Reorganization dated February 25, 2025.
Formed in 1995, the Debtor is a corporation organized and existing
under the laws of the State of New York. The Debtor was formed to
acquire the real properties located at 24-26 and 28 30 West 125th
Street, New York, New York 10027 (collectively, the "Property").
The Property consists of two fully constructed five-story
contiguous but separately taxable lots each consisting of mixed use
rental buildings with each building containing twenty residential
apartments and two commercial stores on the ground floor The Debtor
believes that the current aggregate fair market value of the
Property is no less than $30,000,000.
On or about October 27, 2022, Cathay Bank agreed to lend up to
$16,375,000.00 to the Debtor (the "Loan"). As recently as November
2024, the Debtor believed it was still in negotiations with Cathay
for a refinance of the Property, with Cathay in the process of
conducting due diligence. However, on October 18, 2024, Cathay
commenced a foreclosure action (the "Foreclosure Action") against
the Debtor in New York County Supreme Court (the "State Court")
styled as Cathay Bank v. Bexin Realty Corporation et al.
On November 20, 2024, the State Court issued a Decision and Order
granting Cathay's Application for appointment of a temporary
receiver.
As such, the Debtor determined to seek bankruptcy protection on
November 27, 2024 (the "Petition Date") to: (a) preserve the value
of the Property, and (b) obtain a reasonable amount of time to
obtain a refinance either with Cathay or another financial
institution. The Foreclosure Action has been stayed as a result of
the Debtor's Chapter 11 filing.
The Plan will be funded with the net proceeds from the sale or
refinance of the Property. The sale or refinance of the Property,
as applicable, following Confirmation of the Plan, shall not be
subject to any stamp or similar transfer or mortgage recording tax
pursuant to section 1146(a) of the Code because they be refinanced
or sold under the Plan and after the Effective Date.
Class 3 consists of General Unsecured Claims. General Unsecured
Claims are Allowed in the amount reflected in Debtor's Schedules
filed with the Bankruptcy Court, unless the Claims were scheduled
by the Debtor as disputed, contingent, or unliquidated. If the
Debtor scheduled a General Unsecured Claim as disputed, contingent,
or unliquidated, and the Holder of such Claim did not file a Proof
of Claim by the General Bar Date, then such General Unsecured Claim
is hereby Disallowed. If a Proof of Claim was filed by the Holder
of a General Unsecured Claim prior to the General Bar Date, the
Debtor shall have 90 days after the Effective Date to file an
objection to such General Unsecured Claim.
If the Debtor does not file an objection within this time period,
such General Unsecured Claim shall: (i) be Allowed in the amount
reflected in the Proof of Claim, together with any unpaid statutory
late fees, penalties, interest, costs, and reasonable attorneys'
fees accrued thereon through the Sale Closing Date, and (ii) be
paid up to the Allowed amount of their Claim, in Cash from the
Distribution Fund upon the refinance of the Property or the Sale
Closing Date, whichever is sooner, after payment in full of all
unclassified, Class 1 and Class 2 Claims in full. If the Debtor
does file an objection within such time period, then such General
Unsecured Claim shall only be Allowed if the Bankruptcy Court
determines the Allowed Amount of such Claim or the Debtor and the
Holder of such Claim reach an agreement on the Allowed Amount of
such Claim. Class 3 is Impaired.
Class 4 consists of membership Interests in the Debtor. The Holders
of the Debtor’s membership Interests shall retain those Interests
in the Reorganized Debtor on and after the Effective Date. Class 4
is Unimpaired, and Holders of the Interests in the Debtor are
conclusively presumed to have accepted the Plan pursuant to section
1126(f) of the Bankruptcy Code. Therefore, Holders of Interests in
the Debtor are not entitled to vote to accept or reject the Plan,
and the votes of such Holders will not be solicited with respect to
the Plan.
This Plan shall be funded with the net proceeds of: (a) sale of the
Property, or (b) the refinance of the Property, as applicable.
The sale of the Property, whether pursuant to a Sale Contract or
public auction, shall be free and clear of any and all Claims,
liens, encumbrances, equities and Interests of any nature or kind
(collectively, "Liens") and shall constitute a sale under sections
105, 363(b), 363(f), 1123(b)(4) and 1129 of the Bankruptcy Code.
Nothing set forth herein shall prevent a sale subject to certain
liens, provided that the purchaser and the holder of the lien
provide their respective consent in writing.
A full-text copy of the Disclosure Statement dated February 25,
2025 is available at https://urlcurt.com/u?l=CGvvvq from
PacerMonitor.com at no charge.
Attorneys for the Debtor:
Jonathan S. Pasternak, Esq.
Davidoff Hutcher & Citron LLP
120 Bloomingdale Road, Suite 100
White Plains, NY 10605
Tel: (914) 381-7400
E-mail: jsp@dhclegal.com
About Bexin Realty Corporation
Bexin Realty Corporation is a single asset real estate debtor (as
defined in 11 U.S.C. Section 101(51B)).
Bexin Realty filed Chapter 11 petition (Bankr. S.D.N.Y. Case No.
24-12080) on November 27, 2024, listing between $10 million and $50
million in both assets and liabilities. Bahram Benaresh, president
of Bexin Realty, signed the petition.
Judge Martin Glenn handles the case.
The Debtor is represented by Jonathan S. Pasternak, Esq., at
Davidoff Hutcher & Citron, LLP.
Cathay Bank, as lender, is represented by:
Conrad K. Chiu, Esq.
Amanda Schaefer, Esq.
Pryor Cashman LLP
7 Times Square
New York, NY 10036-6569
Telephone: (212) 421-4100
Facsimile: (212) 326-0806
cchiu@pryorcashman.com
aschaefer@pryorcashman.com
BRIGHT MOUNTAIN: Reports Reduced Net Loss of $17 Million for 2024
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Bright Mountain Media, Inc., submitted its annual report on Form
10-K to the Securities and Exchange Commission, showing a net loss
of $17.02 million on revenue of $56.68 million for the year ending
Dec. 31, 2024, compared to a net loss of $35.56 million on revenue
of $44.55 million for the year ending Dec. 31, 2023.
As of Dec. 31, 2024, the Company had $41.97 million in total
assets, $105.20 million in total liabilities, and a total
stockholders' deficit of $63.23.
New York, New York-based WithumSmith+Brown, PC, the Company's
auditor since 2021, issued a "going concern" qualification in its
report dated March 10, 2025. The report cited that the Company has
suffered recurring losses from operations and has a net capital
deficiency that raise substantial doubt about its ability to
continue as a going concern.
Historically, the Company has incurred losses, which has resulted
in an accumulated deficit of approximately $166.9 million as of
Dec. 31, 2024. Cash flows provided by (used in) operating
activities were $1.9 million and $(4.7) million for the years ended
Dec. 31, 2024, and 2023, respectively. As of Dec. 31, 2024, the
Company had a working capital deficit of approximately $13.5
million, inclusive of $2.5 million in cash and cash equivalents and
$1.9 million in restricted cash.
According to Bright Mountain, "The Company's ability to continue as
a going concern is dependent upon its ability to meet its liquidity
needs through a combination of factors. During the next year, we
anticipate that we will need approximately $3.9 million to meet our
contractual obligations in addition to amounts needed for our
working capital needs.
"The Company is currently exploring several strategic alternatives,
including restructuring or refinancing its debt, or seeking
additional debt, including borrowing under the Centre Lane Senior
Secured Credit Agreement or raising equity capital. The ability to
access the capital markets is also dependent upon the volume and
market price of the Company's stock, which cannot be assured.
Other measures include reducing or delaying certain business
activities, or reducing general and administrative expenses,
including a reduction in headcount. The ultimate success of these
plans is not guaranteed."
The Company said its current cash and working capital, as of the
filing of this Annual Report on Form 10-K, is not expected to be
sufficient to fund its anticipated level of operations over the
next twelve months.
The full-text of the Form 10-K is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1568385/000095017025036193/bmtm-20241231.htm
About Bright Mountain
Bright Mountain Media, Inc. (together with its wholly-owned
subsidiaries) is an end-to-end marketing services company that
helps brands with the right audiences, at the right time, with the
right message, both effectively and efficiently by removing the
middlemen in the marketing workflow. The Company's end-to-end
offerings combine consumer insights with creative services, media
services, and advertising technology to deliver solutions to
improve audience fidelity for brands. The Company focuses on
digital publishing, advertising technology, consumer insights,
creative services, and media services.
BRYAN BOWERS: Secured Party Sets March 11 Auction
-------------------------------------------------
AC 37 LLC and/or its successors and assigns ("secured party") will
hold a public foreclosure sale on March 11, 2025, at 3:30 p.m. ET,
in person at the offices of Cole Schotz PC, 1325 Avenue of the
Americas, 19th Floor, New York, New York 10019 and virtually via
online conference to the highest qualified bidder all of the right,
title and interest of Bryan Bowers and Michael B. Licata
("pledgor") in: (a) 100% of the membership interest in Downtown
Utica Development LLC ("Utica Borrower") pledged to secured party
by pledgor ("Utica Interest"); (b) 100% of the membership interest
in Radisson Development Company LLC ("Radisson Borrower") pledged
to Secured Party by pledgor ("Radisson Interests"); (c) 100% of the
membership interest in Bowers Busine Park LLC ("BBP Borrower")
pledged to secured party by pledgor ("BBP Interests").
The sale are being held to enforce the rights of secured party
under that certain: promissory note dated March 2, 2022, in the
principal amount of $2,256,000.00 ("Utica Note"), given by Downtown
Utica Development LLC ("Utica Borrower") in favor of Sachem Capital
Corp. ("Prior Lender"); (b) ownership interest pledged and security
agreement dated March 2, 2022, ("Bowers Pledge") between Bryan
Bowers ("Bowers") and Prior Lender; (c) ownership interest pledge
and security agreement dated March 2, 2022 ("Litaca Pledge")
between Michael B. Licata ("Licata" and together with Bowers
collectively, "Pledgor") and prior lender; (d) note modification
agreement dated June 28, 2023 ("Utica Modification") between Utica
Borrower and Prior Lender; (e) Amended and restated Commercial
promissory note dated Aug. 2, 2023, in the principal amount of
$7,000,374.00 ("Radisson Note") given by Radisson Development
Company LLC ("Radisson") and Bowers Business Park LLC ("BBP" and
together with Radisson, collectively "Radisson Borrower") in favor
of prior lender; (f) pledge and security agreement dated Aug. 2,
2023 ("Radisson Pledge") between Bowers and Licata and Prior
Lender.
Utica Note, Bowers, Pledged, Licata Pledge, Utica Note
Modification, Radisson Note, Radisson Pledge, and other documents
memorializing the indebtedness of the Utica Borrower and Radisson
Bower ("loan documents") were assigned to secured party lender and
secured party. The Utica Note and Radisson Note have matured by
their terms. Borrower owns certain real property located within
New York State.
The collateral is pledged to secure the amount due under the Utica
Notes with an aggregate unpaid balance amount of $2,538,348.57 as
of Jan. 31, 2025, with interest and fees continuing to accrue from
that date, and the amount due under the Radisson Note with an
aggregate unpaid balance of $8,505,285.96 as of Jan. 31, 2025, with
interest and fees continuing to accrue from that date.
The public sale will be conducted by Mannions Auctions LLC, by
Matthew D. Mannion, or other such licensed auctioneers as may be
selected by the secured party, without further publication or
notice.
Any parties interests in further information about the collateral,
the exact location of the sale and link to the sales, the
requirements to be a "qualified bidder, and the terms of the public
sale should contact Jim Barr Coleman (+1 (212) 584-6173; email:
jimbarr@wmcapitalpartners.com).
BURGERFI INT'L: Gets Court Chapter 11 Plan OK Despite Objections
----------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that a Delaware
bankruptcy judge on Tuesday, March 11, 2025, approved the
disclosure statement and Chapter 11 reorganization plan for
bankrupt restaurant operator BurgerFi International Inc., rejecting
objections from the U.S. Trustee's Office concerning tax claims on
certain interest fees.
About BurgerFi Int'l
BurgerFi International, Inc. (NASDAQ:BFI) is a multi-brand
restaurant company that develops, markets, and acquires fast casual
and premium-casual dining restaurant concepts around the world,
including corporate-owned stores and franchises. BurgerFi
International, Inc. is the owner and franchisor of two brands with
a combined 144 locations: (i) Anthony's, a premium pizza and wing
brand with 51 restaurants (50 corporate-owned casual restaurant
locations and one dual brand franchise location), as of Sept. 10,
2024, and (ii) BurgerFi, among the nation's fast-casual better
burger concepts with 93 BurgerFi restaurants (76 franchised and 17
corporate-owned) as of Sept. 10, 2024.
BurgerFi International, Inc., and 114 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code on Sept. 11, 2024 (Bankr. D. Del. Lead Case
No. 24-12017). The cases are pending before the Honorable Judge
Craig T. Goldblatt.
Raines Feldman Littrell LLP serves as the Debtors' counsel. Force
Ten Partners' Jeremy Rosenthal serves as the Company's Chief
Restructuring Officer. Sitrick And Company serves as strategic
communications advisor to the Company. Stretto is the claims agent.
CLARIO HOLDINGS: S&P Withdraw 'B-' ICR on Debt Repayment
--------------------------------------------------------
S&P Global Ratings withdrew its 'B-' issuer credit rating on
technology-enabled digital endpoint solutions provider Clario
Holdings Inc. at the issuer's request.
At the same time, we discontinued our 'B-' issue-level rating and
'3' recovery rating on the company's first-lien credit facility
(comprising a revolving credit facility and a term loan), which was
issued at eResearchTechnology Inc., following the full repayment of
its outstanding rated debt.
At the time of the withdrawal, our outlook on Clario was stable.
CLEVELAND INSTITUTE: S&P Affirms 'BB' Rating on 2018 Revenue Bond
-----------------------------------------------------------------
S&P Global Ratings affirmed its 'BB' rating on Ohio Higher
Educational Facility Commission's (the commission) series 2018
facility revenue bonds, issued for Cleveland Institute of Art
(CIA).
The outlook is stable.
S&P said, "We analyzed the university's environmental, social, and
governance factors related to its market position and financial
performance. We view these factors as neutral in our credit rating
analysis.
"The stable outlook reflects S&P Global Ratings' opinion that
despite enrollment decreases, CIA will maintain solid demand
metrics, financial resources will remain stable, and the college
will not issue additional debt.
"We could lower the rating if financial resources were to fall to a
level we no longer consider commensurate with the rating, if demand
metrics were to weaken, or if CIA were to issue additional debt
without corresponding financial resource growth.
"We could raise the rating if CIA were to stabilize enrollment,
demonstrate sustained improvement in operating performance without
extraordinary endowment draws, and improve financial resources to
levels commensurate with those of higher-rated peers."
COGENTRIX FINANCE: S&P Assigns 'BB-' Rating on Senior Debt
----------------------------------------------------------
Following its closing on February 26, 2025, S&P Global Ratings
assigned its 'BB-' issue ratings and '2' recovery ratings to
Cogentrix Finance Holdco I LLC's (Cogentrix, the holdco, or the
project) $ 1 billion term loan B and $250 million revolving credit
facility.
Cogentrix consolidated its four separate portfolio projects,
Nautilus Power LLC (Nautilus), Odyssey Projects Acquiror LLC
(Odyssey), Revere Power LLC (Revere), and its 75% ownership in
Hamilton Projects Acquiror LLC (Hamilton), and used the loan to
repay existing subsidiary debt at Nautilus, Revere, and Odyssey.
Hamilton's debt remains outstanding. This financing follows the
acquisition of Cogentrix Energy by Quantum Capital Group,
Trafigura, and Carnelian Energy Capital from funds managed by
Carlyle Group.
S&P said, "Our 'BB-' rating reflects our assessment of the
creditworthiness of Cogentrix as a more diversified project among
its peers, with multiple assets in three distinctive markets:
Pennsylvania-New Jersey-Maryland (PJM) Interconnection, Independent
Systems Operator New England (ISO-NE), and Electric Reliability
Council of Texas (ERCOT). At the same time, we note the 75% stake
in Hamilton remains encumbered because its senior secured debt
remains outstanding. We view this as a structural weakness.
"The stable outlook reflects our expectation the project will
generate a minimum debt service coverage ratio (DSCR) of 1.48x on a
fully consolidated basis through its life, including the
post-refinancing period (2032-2045). At the holdco level, we
project a minimum DSCR of 1.61x, which we also view as commensurate
with the rating. Additionally, it reflects the outlook of the
project's material counterparty, Hamilton, which caps Cogentrix's
debt's rating because Hamilton distributions are material to
Cogentrix. Based on our view of the current market environment, we
project a Cogentrix Holdco-level term loan B balance of about $500
million at maturity in 2032."
Cogentrix is a portfolio of gas-fired generation with net
operational capacity of 5.3 gigawatts (GW) located in the PJM
Interconnection, ISO-NE, and ERCOT markets. The portfolio has a mix
of baseload and peaking facilities across the dispatch stack. Its
four generation subsidiaries collectively own 11 power plants
comprising:
-- Nautilus (net 1.9 GW) is a portfolio of two baseload combined
cycle gas turbines (CCGTs) and two peaking facilities located in
the PJM Eastern Mid-Atlantic Area Council zone and ISO-NE.
-- Hamilton (net 1.3 GW) has two CCGTs in the PJM Mid-Atlantic
Area Council (MAAC) zone, which are in the eastern portion of the
Marcellus shale gas play with access to reliable natural gas
supply.
-- Odyssey (net 856 MW) is a portfolio of two CCGTs that sells
power into the ERCOT energy-only merchant power market within the
Houston zone. One of its assets, Altura Cogen, is adjacent to
Lyondell Chemical Co. (LCC) and sells steam and a portion of its
electricity to LCC exclusively under a long-term contract.
-- Revere (1.1 GW) is a portfolio of three CCGTs within ISO-NE.
-- The highly diversified project with 11 assets across three
markets provides a key differentiation compared with single-asset
facilities due to market diversification and operational redundancy
that mitigates against potential event risks.
-- The PJM fleet benefits from both highly competitive dispatch
(Hamilton) and potential upside from future capacity auctions
(Nautilus PJM assets).
-- ERCOT is supportive of gas-fired plants with access to cheap
fuel. In recent years, power generators were able to realize higher
spark spreads due to extreme weather events.
-- Dual-fuel capabilities at key ISO-NE assets and strong
winterization among the PJM fleet provide added flexibility during
extreme weather events.
-- Hamilton's creditworthiness serves as a cap to our debt rating
on Cogentrix due to its material 25% contribution to Cogentrix's
debt servicing.
-- The consolidated creditworthiness also serves as a cap to our
debt rating on Cogentrix because we look through the lens of full
Hamilton consolidation.
-- S&P views Opco Revere's past operating challenges as a risk
without an improvement in market conditions.
-- Energy transition is a tangible, although long-dated, risk
factor given the operating profile and competitive characteristics
of the majority of the portfolio.
-- Consistent with other merchant projects financed with term loan
B structures, Cogentrix is exposed to market and refinancing risk.
S&P said, "Our 'BB-' rating on Cogentrix reflects its
creditworthiness on a fully consolidated basis. Cogentrix raised
$1.25 billion in senior secured financing at the Holdco entity
following the consolidation of its four separate portfolio
projects, Nautilus, 75% of Hamilton, Odyssey, and Revere. The
financing includes $1 billion in term loan B, proceeds of which it
used to repay existing subsidiary debt at Nautilus ($522 million
outstanding), Revere ($468 million outstanding) and Odyssey ($7
million outstanding), pay a onetime sponsor distribution ($35
million), pay transaction fees and expenses ($25 million), and for
general corporate purposes. The transaction also includes access to
a $250 million revolving credit facility. On an unconsolidated
basis, we consider the cash flows generated from Revere, Nautilus,
Odyssey, and its 75% share of distributions from Hamilton, while
excluding its debt. This leads to a minimum DSCR of 1.61x through
its 2045 asset life, including the post-refinancing period.
"We also look at the portfolio on a fully consolidated basis as a
test of the project's ability to cover the combined project's total
debt service. This results in a minimum DSCR of 1.48x, which we
also view as commensurate with a 'bb-' rating. As a result, the
holdco and consolidated stand-alone credit profile (SACP) are the
same. We will continue monitoring both the Holdco and consolidated
DSCR (because it could cap the rating if its consolidated metrics
deteriorate).
"Hamilton's creditworthiness caps our rating on Cogentrix, while
its partial pledge creates structural protection weakness. We view
the distribution from Hamilton as an important component to
Cogentrix's debt servicing, making Hamilton a material counterparty
that caps our rating on the project. We expect distribution from
Hamilton to make up about 25% of Cogentrix's cash flow available
for debt service (CFADS) with some level of stability and moderate
resiliency. Hamilton's efficient base load assets have a history of
adequate operation and ability to capture adequate spark spread
under favorable hedges. The distribution is only paid to Cogentrix
after Hamilton meets all its obligations (operating, maintenance,
debt service, and other) and distribution test of 1.1x.
"At the same time, Cogentrix's lenders only benefit from Hamilton's
equity pledge because the physical assets have been secured for the
benefit of Hamilton's senior secured lenders. We view this partial
security as a structural protection weakness and reflect such
weakness through a negative structural protection notch.
"Debt paydown is key for our rating on Cogentrix under both
consolidated and unconsolidated consideration. The transaction at
the holdco largely replaces debt at Revere and Nautilus, both of
which experienced financial and operation challenges in the past.
The 75%-owned Hamilton remains encumbered at $654 per kilowatt
(kW), which we view as somewhat more leveraged within the peer
group after its May 2024 upsizing."
Consolidating Hamilton's $1.115 billion senior secured debt, the
transaction leads to moderate $415/kW debt sizing on consolidated
basis. S&P views the unencumbered Odyssey cash flow as an
additional cushion to the downside and continue to expect
deleveraging via the sweep structures for the consolidated debt in
order to maintain the rating. Additional upsizing at the Hamilton
or the holdco level alongside an equity distribution could indicate
financial policy risk.
The multiportfolio project benefits from three distinctive markets.
Cogentrix is one of the more diversified projects among its peers,
with 51% net capacity in PJM, 33% in ISO-NE, and 16% in ERCOT. The
distinctive dynamics among these markets mitigate concentration and
event risks. In addition, having multiple assets in each market
reduces service interruption risks.
S&P said, "We factor the 11 assets into a positive performance
redundancy assessment under performance risk. The assets have not
experienced major operation issues during past severe weather
events, and Cogentrix also has fuel diversity--Newington (ISONE)
and Lakewood (PJM) are dual-fueled with sufficient storage,
allowing them to run on both gas and ultra-low-sulfur diesel when
the market is in need. We believe the assets are positioned to
capture potential market upside."
Cogentrix should benefit from a favorable environment in PJM. On
Jan. 28, 2025, Pennsylvania Governor Josh Shapiro reached an
agreement with PJM to settle his recent complaint about capacity
auction rules, which sets a price cap of $325 per megawatt-day
(/MW-day) and floor price of $175/MW-day for the next two auctions
(2026/2027 and 2027/2028 auction). The price cap/floor agreement is
subject to review by PJM stakeholders and its board. S&P expects
capacity price to result in $250/MW-day for the 2026/27 auction,
$225/MW-day for the 2027/28 auction, and $175/MW-day for the
2028/2029 auction.
The direction of the next two auctions is driven by industrial
onshoring, data center growth, electrification, and retirement of
less efficient thermal units. On Nov. 25, 2024, the PJM added 1.8
GW to its 2025 load forecast and increased 2030 forecasts by 17 GW.
S&P continues to expect capacity price to mean revert from this
high level as supply and demand reach equilibrium, though at higher
level than it previously expected.
S&P said, "We expect power prices to also benefit from this dynamic
in at least the near term due to the lack of new baseload power
plants coming online to replace the retired firm supply. In the
midterm, potential tariffs on China would hinder the cost of
renewable new builds. This would be an additional favorable credit
factor for existing thermal units on top of reliability focus, the
long approval process for new thermal plants, and power demand
surge. Cogentrix has about 60% and 40% capacity running as baseload
and peaking facilities, respectively, and 67% of capacity
dispatching in PJM and ERCOT. We expect Cogentrix could capture the
potential tailwind."
ISO-NE remains a challenging market. The market continues to be in
a state of power oversupply. In addition, the gas supply dynamic
may worsen in winter as Independent Electricity System Operator
(IESO) and Hydro Quebec are expecting higher winter heating demand,
limiting the amount to be exported to ISO-NE going forward. S&P
said, "Under this dynamic, we believe the dual-fueled Newington has
a more favorable dispatch at an average annual spark of $18 per
megawatt hours (/MWh) during the asset life to 2045 compared with
Revere assets, which had more operation challenges in the past and
has a portfolio average annual spark of about 13/MWh under the same
asset life. We expect the diversified portfolio to compensate with
potential market upside from PJM and ERCOT."
The portfolio is exposed to merchant power risk, particularly in
the ERCOT market. ERCOT is an energy-only market that has
aggressive renewable buildout and a history of severe weather
events, and Cogentrix's ERCOT portfolio (Odyssey) is expected to
contribute about 20% of the holdco's cash flow. Odyssey assets sell
70% of its net capacity in the merchant market, subjecting it to
high market volatilities.
Texas has seen a net decrease in flexible generation capacity in
the last decade along with high renewable penetration of 27% and
anticipated renewable load growth of 6.50%-6.75%. In 2023, Texas
intraday wind power generation varied between 62.5% of all ERCOT
electricity production to only 3.1%. Translating that to power
price, the intraday power price shifted from $7/MWh to close to a
$5,000/MWh price cap. The market continues to anticipate regional
load growth to outpace installed capacity for the next 10 years,
driven by AI infrastructure growth, liquefied natural gas exports
growth along the Gulf Coast, and electric vehicle penetration. With
the lack of long duration battery storage technology, firm power is
required to plug in the supply.
ERCOT took measures in 2023 to increase grid reliability and lower
energy cost, such as the Performance Credit Mechanism and
Dispatchable Reliability Reserve Service, but the details and
implementation timeline has not yet finalized. The on-time
disbursement of the low-cost Texas Energy Fund in 2025 will provide
incentive for about 9.8 GW of new firm power builds, which puts
marginal downward pressure on ERCOT's power price in the midterm.
However, it could also increase gas prices through higher demand
and put upward pressure on power price.
S&P said, "We expect the high volatility in ERCOT to continue with
upside potential during the forecast period. Odyssey assets are
located in the premium ERCOT Houston zone. Its 70% merchant
exposure enables it to capture the prices peaks, when the 30%
contracted and hedged capacity offers a source of stability by
covering about 50% of the portfolio's fixed and major maintenance
costs. The contract is an exclusive steam and electric power sales
agreement signed with a LyondellBasell Industries N.V. subsidiary
that runs the world largest propylene oxide tertiary butyl alcohol
plant. The relation started in early 2000s, and we expect the
contract to remain for the rest of the asset life (2045). On
normalized basis, we expect Odyssey to realize average asset life
spark spread of $23/MWh from the merchant market, contributing
about 20% of total asset life cash flow."
The project has adequate anti-filing mechanisms in place. The
project will have independent directors whose vote is required for
bankruptcy filing, meaning the project's credit quality is delinked
from that of the parent. The rating has been finalized after the
review of the final credit agreement.
S&P Said, "The stable outlook reflects our expectation that the
project will generate a minimum DSCR of 1.48x on a consolidated
basis through its life, including the post-refinancing period
(2032-2045). At the holdco level, we project a minimum DSCR of
1.61x, which we also view as commensurate with the rating.
Additionally, it reflects the outlook of the project's material
counterparty, Hamilton, which caps our debt rating on Cogentrix.
Based on our view of the current market environment, we project a
Cogentrix holdco-level term loan B balance of about $500 million at
maturity in 2032."
S&P could lower its rating on Cogentrix's debt if:
-- S&P believes the project is unable to maintain a minimum
consolidated and the holdco minimum DSCR of 1.4x on a sustained
basis. This could result from lower-than-expected capacity factors,
weaker energy margins, downward pressure on capacity prices, and
operational issues.
-- The project's cash flow sweeps are materially lower than our
forecast, which would lead to a higher-than-expected debt balance
at maturity and weaker minimum DSCR.
-- S&P lowers its issue credit rating on Hamilton, which caps its
rating on Cogentrix.
S&P could raise the rating on Cogentrix's debt if consolidated and
the holdco minimum DSCR reaches 1.8x on sustained basis and it
raises the rating on Hamilton. This outcome would largely be a
function of highly favorable business conditions, which would lead
to widening spark spreads or higher-than-expected capacity pricing.
CONTAINER STORE: Bankruptcy Judge to Issue Opt-Out Dispute Ruling
-----------------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that on
Tuesday, March 11, 2025, a Texas bankruptcy judge announced that he
would issue a written opinion on whether the U.S. Trustee's Office
can halt The Container Store's Chapter 11 plan to appeal a ruling
that a creditor's failure to opt out of the plan's third-party
releases amounts to consent to those releases.
About Container Store Group Inc.
Container Store Group Inc. is a company renowned for for selling
closet organizers and storage solutions.
Container Store Group Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Texas) on December 22, 2024. In
its petition, the Debtor reports assets and liabilities between
$100 million and $500 million.
Honorable Bankruptcy Judge Alfredo R Perez handles the case.
Debtors' Legal Counsel is Timothy A. ("Tad") Davidson II, Esq.,
Ashley L. Harper, Esq., and Philip M. Guffy, Esq., at Hunton
Andrews Kurth, LLP, in Houston, Texas.
Debtors' Legal Counsel is George A. Davis, Esq., Hugh Murtagh,
Esq., Tianjiao (TJ) Li, Esq., and Jonathan J. Weichselbaum, Esq.,
at Latham & Watkins, LLP, in New York, and Ted A. Dillman, Esq., in
Latham & Watkins, LLP, in Los Angeles, California.
Debtors' Investment Banker is HHoulihan Lokey Capital Inc.
Debtors' Claims, Noticing & Solicitation Agent is Verita Gloabl
(previously Kurtzman Carson Consultants, LLC).
CREDITO REAL: Restructuring Gains US Recognition Despite Opposition
-------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that a Delaware
bankruptcy judge has agreed to recognize the foreign restructuring
of Mexican lender Crédito Real SAB de CV, despite objections
citing last 2024's US Supreme Court ruling that invalidated
nonconsensual liability releases.
Judge Thomas M. Horan of the US Bankruptcy Court for the District
of Delaware announced during a Tuesday, March 11, 2025, hearing
that he would approve the cross-border plan under Chapter 15 of the
US Bankruptcy Code, which addresses foreign restructurings with US
connections.
The judge granted recognition of the plan—which includes
liability releases for nonbankrupt third parties—despite concerns
raised by two US federal agencies referencing the Supreme Court's
decision.
About Credito Real SAB
Credito Real SAB de CV SOFOM ENR is a Mexico-based company that
provides consumer financing. Credito is Mexico's biggest payroll
lender and second largest non-bank lender after Real Unifin.
Credito Real provides loans, either by providing direct financing
to consumers or by establishing financing programs with consumer
financing dealers that sell to Credito Real the collection rights
from consumer financing products. It also provides financing
directly to individuals that are employed by corporations with
payroll deduction agreements with consumer financing dealers
authorized by Credito Real. Credito Real operates through a number
of subsidiaries, including AFS Acceptance LLC.
Credito Real failed to pay a 170 million Swiss franc ($184 million)
bond due Feb. 9, 2022. It had been looking to line up financing
from existing creditors.
In early June, it was reported Credito Real had been weighing a
Chapter 11 filing after defaulting on a repayment of the Swiss
franc bond. But Bloomberg News later reported June 10 that the
Mexican company has scrapped its U.S. bankruptcy plans and is
instead planning to pursue insolvency proceedings in Mexico known
as concurso mercantil.
Three alleged creditors signed a petition to send Credito Real to
Chapter 11 bankruptcy on June 22, 2022 (Bankr. S.D.N.Y. Case No.
22-10842). Institutional Multiple Investment Fund LLC, of Boston,
Massachusetts; Banco Monex, S.A., of Mexico, and Solitaire Fund, of
Liechtenstein, who claim to own an aggregate $8 million of
unsecured bond debt, signed the involuntary Chapter 11 petition.
David H. Botter of Akin Gump Strauss Hauer & Feld LLP is advising
the three bondholders.
CREEKSIDE 2019: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------------
On March 4, 2025, Creekside 2019 LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of Texas.
According to court filing, the Debtor reports between $1 million
to $10 million in debt owed to 1 and 49 creditors. The petition
states funds will not be available to unsecured creditors.
About Creekside 2019 LLC
Creekside 2019 LLC is a limited liability company.
Creekside 2019 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-80094) on March 4,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $ million
and $10 million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by:
James Q. Pope, Esq.
THE POPE LAW FIRM
6161 Savoy Drive 1125
Houston TX 77036
Tel: (713) 449-4481
Email: jamesp@thepopelawfirm.com
CRITICAL REHAB: Court Approves Final Use of Cash Collateral
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Florida
granted Critical Rehab Corporation final approval to use cash
collateral.
The final order authorized the company to use cash collateral,
which includes cash on hand and income to be received during normal
operations, to pay its expenses.
To protect its interest in the cash collateral, the U.S. Small
Business Administration was granted replacement liens on the
company's post-petition assets.
In addition, Critical Rehab was ordered to set aside $1,522 monthly
for SBA until confirmation of a Chapter 11 plan.
About Critical Rehab Corporation
Critical Rehab Corporation filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. N.D. Fla. Case No.
24-40444) on November 4, 2024, with up to $50,000 in assets and up
to $500,000 in liabilities. Meagan Peluso, president of Critical
Rehab, signed the petition.
Judge Karen K. Specie oversees the case.
The Debtor is represented by Justin M. Luna, Esq., at Latham, Luna,
Eden & Beaudine, LLP.
DECO GROUP: Seeks Subchapter V Bankruptcy in Texas
--------------------------------------------------
On March 4, 2025, Deco Group LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Southern District of Texas.
According to court filing, the Debtor reports $2,238,074 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Deco Group LLC
Deco Group LLC runs and oversees both a quick-service restaurant
and a full-service restaurant business.
Deco Group LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-31252) on
March 4, 2025. In its petition, the Debtor reports total assets of
$106,682 and total debts of $2,238,074.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtor is represented by:
Robert C Lane, Esq.
THE LANE LAW FIRM
6200 Savoy Dr Ste 1150
Houston TX 77036-3369
Tel: (713) 595-8200
Fax: (713) 595-8201
E-mail: notifications@lanelaw.com
DECORATIVE PLUMBING: Gets Final OK to Use Cash Collateral
---------------------------------------------------------
Decorative Plumbing Distributors, LLC received final approval from
the U.S. Bankruptcy Court for the Northern District of California
to use its lenders' cash collateral to pay operating expenses.
The lenders, Bank of America, N.A. and the U.S. Small Business
Administration, were granted replacement security interests in, and
liens on, all post-petition property of the company except Chapter
5 claims.
As additional protection, the company will make a monthly payment
of $23,000 to BofA and $2,527 to SBA.
The ruling also granted super-priority claims to lenders and
ensures their liens remain intact in the event of case conversion
or dismissal.
About Decorative Plumbing Distributors
Decorative Plumbing Distributors, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Cal. Case No.
25-40140) on January 28, 2025, listing up to $10 million in assets
and up to $50 million in liabilities. Anne Butler, chief executive
officer of Decorative Plumbing Distributors, signed the petition.
Judge Charles Novack oversees the case.
Chris Kuhner, Esq., at Kornfield, Nyberg, Bendes, Kuhner & Little
P.C., represents the Debtor as legal counsel.
Bank of America, N.A., as lender, is represented by:
Jennifer Witherell Crastz, Esq.
Hemar, Rousso & Heald, LLP
15910 Ventura Boulevard, 12th Floor
Encino, CA 91436-2829
Tel: (818) 501-3800
Fax: (818) 501-2985
Email: jcrastz@hrhlaw.com
DIOCESE OF BURLINGTON: Creditors Resist Priests' Pension in Ch. 11
------------------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that on Tuesday,
March 11, 2025, unsecured creditors of the bankrupt Roman Catholic
Diocese of Burlington objected to the debtor's continued payment of
pension benefits to retired priests accused of child abuse. The
creditors argued that the diocese's own investigation found the
allegations against the two priests to be credible.
About Roman Catholic Diocese of Burlington
Roman Catholic Diocese of Burlington sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Vt. Case No. 24-10205) on
Sept. 30, 2024. In the petition signed by Reverend John Joseph
McDermott, bishop, the Debtor disclosed up to $50 million in assets
and up to $10 million in liabilities.
Judge Heather Z. Cooper oversees the case.
The Debtor tapped James Baillie, Esq., at Fredrikson & Byron, P.A.
as bankruptcy counsel and Obuchowski Law Office as local counsel.
DIOCESE OF NEW ORLEANS: Creditor Seeks Committee Seat
-----------------------------------------------------
A creditor of the Roman Catholic Church of the Archdiocese of New
Orleans filed a motion seeking to change the membership of the
official committee of unsecured creditors appointed in its Chapter
11 case.
The creditor, identified only in his initials D.J.B., requested to
be added to the existing committee, or alternatively, to be
appointed to an additional creditors' committee.
D.J.B. said his appointment is necessary to "ensure adequate
representation of creditors or equity security holders."
The creditor's legal team represents approximately 100 sex abuse
survivors, all alleging claims in the archdiocese's bankruptcy
proceeding. Despite this significant number of claimants, without
membership on the committee, D.J.B. and his counsel remain
uninformed of important information about the proceedings.
"[D.J.B.] asserts his interests would best be protected and his
legal approaches best advanced if he were allowed a presence on the
committee so that he may be kept abreast of movement in the case,
both procedurally and substantively," Frank Elliot III, Esq.,
attorney for D.J.B., said.
Mr. Elliot can be reached through:
N. Frank Elliot III, Esq.
N. Frank Elliot III, LLC
P.O. Box 3065
1511 Watkins Street (70601)
Lake Charles, LA 70602-3065
Telephone: (337) 309-6999
Facsimile: (337) 429-5541
Email: frank@nfelaw.com
-- and --
T. Taylor Townsend, Esq.
T. Taylor Townsend, LLC
725 Third Street (71457)
P.O. Box 784
Natchitoches, LA 71458-0784
Telephone: (318) 238-3612
Facsimile: (318) 238-6103
Email: taylor@townsendlaw.com
-- and --
Robert L. Salim, Esq.
Salim-Beasley, LLC
1901 Texas Street
Natchitoches, LA 71457
Telephone: (318) 352-5999
Facsimile: (318) 352-5998
Email: skeeter@salim-beasley.com
About Roman Catholic Church of the
Archdiocese of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in need,
including those affected by hurricanes, floods, natural disasters,
war, civil unrest, plagues, epidemics, and illness. Currently, the
archdiocese's geographic footprint occupies over 4,200 square miles
in southeast Louisiana and includes eight civil parishes:
Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. John
the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
ENSYSCE BIOSCIENCES: Reports $7.99 Million Net Loss for 2024
------------------------------------------------------------
Ensysce Biosciences, Inc. filed its annual report on Form 10-K with
the Securities and Exchange Commission, reporting a net loss of
$7.99 million for the year ending Dec. 31, 2024, supported by
federal grants totaling $5.21 million. In comparison, for the year
ending Dec. 31, 2023, the Company posted a net loss of $10.63
million with federal grants amounting to $2.23 million.
As of Dec. 31, 2024, the Company had $5.60 million in total assets,
$2.22 million in total liabilities, and $3.38 million in total
stockholders' equity. As of Dec. 31, 2024, the Company had $3.5
million of cash and cash equivalents.
San Diego, California-based Moss Adams LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 10, 2025. The report highlighted that the Company has
incurred recurring losses from operations and has an accumulated
deficit that raise substantial doubt about its ability to continue
as a going concern.
The Company stated that, since its inception, it has generated
limited revenues and experienced significant operating losses and
negative cash flows from its operations, and anticipates continuing
to incur losses for the foreseeable future. The Company has not
yet commercialized any of its product candidates and does not
expect to generate revenue from product sales for several years, if
at all.
The Company mentioned that it has primarily financed its operations
to date through proceeds from the sale of common equity, federal
research grants, and borrowings under convertible promissory notes.
To support future operations, the Company will need to secure
additional capital. The amount and timing of these future funding
needs will depend on various factors, including the progress and
outcomes of its ongoing research and development efforts, as well
as general and administrative support. The Company expects to fund
its operations through public or private equity or debt financing,
or potentially through collaboration agreements. However, it
cannot guarantee that additional financing will be available on
favorable terms, or at all.
According to the Company, the remaining cash funding under the MPAR
federal research grant totaled $10.6 million at Dec. 31, 2024 and
is expected to be utilized by May 31, 2027. Pursuant to the terms
and conditions, the Company is required to submit progress reports
to NIDA on an annual basis and a final research performance
progress report within 120 days of the performance period end
date.
"We have generated limited revenues and have incurred significant
operating losses since our inception. We expect to continue to
incur significant expenses and operating losses for the foreseeable
future. Without capital raised through financing transactions,
existing cash resources are sufficient to allow us to fund current
planned operations into the second quarter of 2025, which raises
substantial doubt about our ability to continue as a going
concern," the Company mentioned in the report.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1716947/000149315225009703/form10-k.htm
About Ensyce Biosciences, Inc.
Headquartered in La Jolla, California, Ensyce Biosciences, Inc., is
a clinical stage pharmaceutical company seeking to develop
innovative solutions for severe pain relief while reducing the
potential for opioid misuse, abuse, and overdose. The Company is
currently developing product candidates designed to improve the
safety of prescription drugs. The Company's primary focus has been
on opioid pain products and opioid use disorder products. The
Company's current development pipeline features two innovative drug
platforms: the abuse-resistant opioid prodrug technology, known as
the Trypsin Activated Abuse Protection (TAAP) platform, and the
overdose protection opioid prodrug technology, referred to as the
Multi-Pill Abuse Resistant (MPAR) platform.
FOOTHILL & TOWNE: To Sell Vacant Lot to Foothill Place for $6.2MM
-----------------------------------------------------------------
Foothill and Towne LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California, Santa Ana Division,
to sell real property, free and clear of liens, interests, and
encumbrances.
The Debtor's property is comprised of vacant land located at 700
and 704 West Foothill Boulevard, in the City of Pomona, County of
Los Angeles, State of California.
The Debtor wants to sell the property to Foothill Place LLC, a
Delaware limited liability company, successor by assignment to G8
Urban, with a purchase price of $6,200,000 payable in cash at close
of the Escrow. The transaction requires an initial deposit of
$50,000.
The proposed sale is on an "as is, where is" and "with all faults"
basis without any warranties, express or implied, and without
contingencies.
The sale will be free and clear of the disputed lien of Green Lotus
Group LLC, with such disputed lien attached to the proceeds of the
sale.
The Debtor will also pay a broker's commission in the amount of
$310,000, divided between the Seller's and Buyer's brokers.
The Debtor retains Gene Tsair of Legacy Real Real Estate as broker.
About Foothill and Towne LLC
Foothill and Towne, LLC, a company in Irvine, Calif., filed Chapter
11 petition (Bankr. C.D. Calif. Case No. 25-10136) on January 17,
2025, with $1 million to $10 million in both assets and
liabilities.
Judge Theodor Albert oversees the case.
The Debtor is represented by Stephen R. Wade, Esq., of the Law
Offices of Stephen R. Wade.
FULCRUM BIOENERGY: Gets Court Okay for Chapter 11 Plan Disclosure
-----------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that a Delaware
bankruptcy judge has approved Fulcrum BioEnergy Inc.'s Chapter 11
plan disclosure statement, allowing the trash-to-gas fuel refiner's
unsecured creditors to receive up to $325 million. The approval
came after a brief Monday, March 10, 2025, hearing, following an
agreement among the parties on disputed matters, including claims
against directors and officers.
About Fulcrum Bioenergy
Fulcrum Bioenergy Inc. operates as a clean energy company described
as a pioneer in sustainable aviation fuel (SAF) production.
Fulcrum Bioenergy Inc. and its affiliates sought relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No.
24-12008) on Sept. 9, 2024. In the petition filed by Mark J. Smith,
as chief restructuring officer, the Debtor reports estimated assets
up to $50,000 and estimated liabilities between $100 million and
$500 million.
The Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtors tapped MORRIS, NICHOLS, ARSHT & TUNNELL LLP as counsel;
and DEVELOPMENT SPECIALISTS, INC., as investment banker. KURTZMAN
CARSON CONSULTANTS, LLC, d/b/a VERITA GLOBAL, is the claims agent.
GOLDMAKER INC: Unsecureds Will Get 12.27% of Claims over 60 Months
------------------------------------------------------------------
Goldmaker Inc., submitted a Second Amended Small Business
Disclosure Statement describing Second Amended Plan of
Reorganization dated February 25, 2025.
The plan will be funded from the funds accumulated on the Debtor's
DIP account, from the date of the petition, as well as from
continuing operating income and reorganized business operations of
the Debtor.
Class II consists of General Unsecured Claims. The allowed
unsecured claims total $268,210.33.
* Shall consist of the unsecured claim of Consolidated Edison
Company of New York Inc., in the amount of $8,586.62. The claim
will be paid 12.27% dividend ($1,054.80) in 60 monthly installment
payments in the amount of $17.58, commencing on the effective date
of the plan.
* Shall consist of the unsecured claim of National Grid, in
the amount of $1,219.71. The claim will be paid 12.27% dividend
($149.65) in 60 monthly installment payments in the amount of
$2.49, commencing on the effective date of the plan.
* Shall consist of the unsecured claim of Ming Chu Chen, in
the amount of $79,509.00. The claim will be paid 12.27% dividend
($9,755,75) in 60 monthly installment payments in the amount of
$162.59, commencing on the effective date of the plan. In the event
there is any outstanding the DOB violation, this DOB violation will
be paid in full directly to the NYC Department of Buildings on or
before the effective date, or in such other manner as may be agreed
upon by this claimholder.
* Shall consist of the unsecured claim of Ykaz Tax Service
Inc., in the amount of $1,760.00. The claim will be paid 12.27%
dividend ($212.95) in 60 monthly installment payments in the amount
of $3.59, commencing on the effective date of the plan.
* Shall consist of the unsecured claim of Joe Hand Promotion
Inc., in the amount of $7,375.00. The claim will be paid 12.27%
dividend ($904.91) in 60 monthly installment payments in the amount
of $15.08, commencing on the effective date of the plan.
* Shall consist of the unsecured claim of Salem Boudine, in
the amount of $169,510.00. The claim will be paid 12.27% dividend
($20,798.87) in 60 monthly installment payments in the amount of
$346.64, commencing on the effective date of the plan.
* Shall consist of the unsecured claim of the New York State
Department of Taxation & Finance, in the amount of $250.00. The
claim will be paid 12.27% dividend ($30.67) in 60 monthly
installment payments in the amount of $0.51, commencing on the
effective date of the plan.
A full-text copy of the Second Amended Disclosure Statement dated
February 25, 2025 is available at https://urlcurt.com/u?l=CpjzBQ
from PacerMonitor.com at no charge.
Attorney for the Debtor:
Alla Kachan, Esq.
The Law Offices of Alla Kachan, PC
415 Brighton Beach Ave
Brooklyn, NY 11235
Phone: (718) 513-3145
Fax: 347-342-3156
Email: alla@kachanlaw.com
About Goldmaker Inc.
Goldmaker Inc. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
21-41309) on May 14, 2021, listing up to $50,000 in assets and up
to $500,000 in liabilities. Judge Jil Mazer-Marino oversees the
case. Alla Kachan, Esq., at the The Law Offices of Alla Kachan, PC,
is serving as the Debtor's legal counsel.
GRID AT MESA: Deal to Use Midland's Cash Collateral OK'd
--------------------------------------------------------
The U.S. Bankruptcy Court for the District of Arizona issued an
order approving a stipulation between Keith Bierman, the Chapter 11
trustee for The Grid at Mesa, LLC, and Midland States Bank.
The stipulation authorizes the bankruptcy trustee to pay the
company's operating expenses from the cash collateral of Midland,
which consists of proceeds in the trustee's interest-bearing
deposit account.
The stipulation also authorizes the trustee to collect a note
receivable identified as "BENF Stock Proceeds -- The Grid HoldCo.,
LLC" in the amount of $1,586,391.01, and to deposit the proceeds
into the account.
Midland holds a senior lien on the note receivable.
About The Grid at Mesa
The Grid at Mesa, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No.
24-02408) on March 20, 2024, listing $10 million to $50 million in
both assets and liabilities. The petition was signed by Mitch
Pinkard as authorized representative of the Debtor.
Judge Eddward P. Ballinger, Jr. oversees the case.
Grant L. Cartwright, Esq., at May Potenza Baran & Gillespie, P.C.
represents the Debtor as counsel.
Keith Bierman was appointed as trustee in this Chapter 11 case. The
trustee tapped Perkins Coie LLP as counsel and MCA Financial Group,
Ltd. as financial advisor.
HARVEST NUTRITION: Claims to be Paid From Business Revenues
-----------------------------------------------------------
Harvest Nutrition, LLC, filed with the U.S. Bankruptcy Court for
the District of Kansas a Chapter 11 Plan of Reorganization dated
February 25, 2025.
The Debtor is a health nutrition store headquartered in Larned,
Kansas. Debtor is owned by Alexis Hernandez Dickens who owns 100%
interest.
The cause for this Chapter 11 case originates from failure to file
and pay sales tax to the State of Kansas, due to limited knowledge
of the owner as to business tax requirements. Once the owner became
aware of these requirements and her failure to fulfill them, she
then started charging sales tax and has ensured that all sales tax
obligations have been filed, and paid, since before the date this
Chapter 11 bankruptcy petition was filed.
However, due to collection actions by the State of Kansas, Debtor
was unable to continue operating her business without filing the
Chapter 11 bankruptcy for the purpose of stopping collection
proceedings and to reorganize and restructure in order to pay her
creditors.
The Debor's Plan is for a period of five years beginning the date
the first installment Plan payment is paid under the confirmed Plan
and ending five years thereafter (the "Plan Period"). Upon entry of
an Order confirming this Plan (the "Confirmation Order"), all
property of the estate shall vest in Debtor free and clear of all
liens and encumbrances, except such liens and encumbrances as are
specifically provide for in this Plan or in the Confirmation
Order.
The Plan provides for full payment of a portion of allowed
administrative, priority and secured claims, if applicable. The
Debtor will be able to make payments under this Plan from its
business revenues as evidenced by its anticipated budget and cash
flow projections.
Class 1 consists of the priority unsecured claim of the Kansas
Department of Revenue ("KDOR") in the amount of $29,548.61, as
evidenced by its Proof of Claim No. 2) filed herein on February 11,
2025. Debtor shall pay the claim in equal monthly payments of
$492.50 over 60 months beginning thirty days after the Effective
Date. The unsecured, non-priority portion of this Claim should be
discharged.
Class 2 consists of all timely filed and allowed general non
priority unsecured claims, including that portion of the claims of
secured creditors which exceeds the value of their collateral.
There have been no general unsecured claims filed as of the date of
this Plan, with the exception of the unsecured, non-priority
portion of Claim No. 2 filed by KDOR, which shall be discharged.
Should any other general unsecured claims be filed, said claims
should be discharged.
Upon entry of an Order confirming this Plan, all personal property
of the Debtor shall vest in Debtor free and clear of all liens and
encumbrances except such liens and encumbrances as are specifically
provided for in this Plan or in the Confirmation Order.
A full-text copy of the Plan of Reorganization dated February 25,
2025 is available at https://urlcurt.com/u?l=hT4TPx from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Shaun Colglazier Huff, Esq.
Hagerman & Colglazier, LLC
PO Box 360
102 W. 6 th Street
Larned, KS 67550
Tel: (620) 285-3157
E-mail: shaun@hc-law.net
About Harvest Nutrition
Harvest Nutrition, LLC, is a health nutrition store headquartered
in Larned, Kansas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 24-11224) on Nov. 27,
2024, with as much as $50,000 in both assets and liabilities.
Judge Mitchell L. Herren presides over the case.
Shaun Colglazier Huff, Esq., at Hagerman & Colglazier, LLC, is the
Debtor's legal counsel.
HERSHEY CHAN: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------
On March 4, 2025, Hershey Chan Realty Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District
of New York. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Hershey Chan Realty Inc.
Hershey Chan Realty Inc. is a debtor with a single real estate
asset, as outlined in 11 U.S.C. Section 101(51B).
Hershey Chan Realty Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41079) on March 4,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by:
Rachel L. Kaylie, Esq.
LAW OFFICES OF RACHEL L. KAYLE, P.C.
1702 Avenue Z Suite 205
Brooklyn, NY 11235
Tel: 718-615-9000
Fax: 718-228-5988
E-mail: rachel@kaylielaw.com
HIGHLANDS GROUP: To Sell 180-Acre Parcel to Charles Conzatti
------------------------------------------------------------
The Highlands Group LLC seeks permission from the U.S. Bankruptcy
Court for the Western District of Pennsylvania, to sell real
property, free and clear of liens, interests, and encumbrances.
The Debtor's property is comprised of 180 acres and is identified
on the Debtor's schedules as 424 Country Club Road, Johnstown, PA
15905 in Somerset County, PA.
The Debtor operates its golf course complex on approximately 1/2 of
the overall acreage and the other acreage is lies vacant.
The Debtor listed for sale and has been marketing approximately 85
vacant acres of the overall approximately 180-acre parcel.
The Debtor has received a purchase offer in the amount of
$400,000.00 from Charles M. Conzatti, Jr. Trust for acreage as
described in the Standard Agreement for Sale of Vacant Land as
follows:
-- Saylor School Road – 85 Acres +/-
-- Municipality of Conemaugh Twp.
-- School District of Conemaugh Twp Area
-- Somerset County
-- Part of Tax ID S12-003-056-00
-- Part of Identification #2747/838
The Real Property is encumbered by the following known liens:
a) Real estate taxes owed to the Somerset County Tax Claim Bureau
with claimed amount owed of $108,936.00.
b) First mortgage lien held by 1st Summit Bank with claimed amount
owed of $418,722.33.
c) Mortgage lien held by Jari Growth Fund, Inc. with claimed amount
owed of $23,598.92.
d) Mortgage lien held by Johnstown Regional Industries, Inc. with
claimed amount owed of $18,291.51.
e) Mortgage lien held by Pennsylvania Industrial Development
Authority with claimed amount owed of $178,960.15.
The Debtor employs Robert Colvin and and Remax Team Realtors as
realtor for the Debtor and will receive a commission of 6% of the
total sale price plus $450.00 subject to court approval.
The Buyer's offer is a cash offer and is not subject to any
mortgage contingency.
The sale will be advertised according to local and national rules
and will request higher or better offers at hearing on sale.
The Debtor's counsel is seeking $3,570.00 in fees and expense
reimbursement for work done related to sale approval.
About The Highlands Group LLC
The Highlands Group LLC in Johnstown, PA, filed its voluntary
petition for Chapter 11 protection (Bankr. W.D. Pa. Case No.
24-70160) on April 22, 2024, listing as much as $1 million to $10
million in both assets and liabilities. Brian C. Durham as member,
signed the petition.
Judge Jeffery A. Deller presides over the case.
STEIDL & STEINBERG, P.C., serves as the Debtor's legal counsel.
HULKZ CONSTRUCTION: Files Amended Plan; Plan Hearing March 18
-------------------------------------------------------------
Hulkz Construction LLC submitted a Second Amended Disclosure
Statement for Plan of Reorganization dated February 25, 2025.
The Debtor purchased the Business Propeties, as well as a third two
family property located at 1122 Webster Street, Schenectady, NY
12303 (the "Webster Property", collectively with the Business
Properties, the "Rental Properties").
The Debtor believes that its chapter 11 case has been and will be
successful, and that it will therefore be in a position to emerge
from chapter 11 having achieved all of the goals it had on the
Filing Date. The Debtor believes that the terms of its proposed
Plan of Reorganization are fair and equitable, and provide
Creditors and Claimants with the best available distribution for
and on account of their pre Confirmation Claims against the
Debtor.
Class 3 designated under and by the Plan consists of Allowed Equity
Interests. On the Effective Date, the holders of Class 3 Equity
Interests shall retain their interests as they existed on the
Filing Date, being held and owned 100% by Doodnauth. Other than
having paid the retention fees for the Debtor's attorney and some
miscellaneous expenses, the holders of Class 3 Interests have thus
far contributed no new value to the Debtor. There shall be no
distributions to the holders of Class 3 Interests pending the full
and final payment of all sums required under Section 5.1 and 5.2 of
the Plan, inclusive. This class is Unimpaired are therefore not
entitled to vote for or against the Plan and will be deemed to have
accepted the Plan.
All monies which shall be used to make the payments to all holders
of Administrative claims, Priority Tax claims, Class Claims, Class
2 Claims and Class 3 Claims shall be derived from the Debtor's
operations, as well as from monies contributed by Doodnauth.
The Debtor plans to satisfy the Administration Expenses from two
sources. Initially, the Debtor shall use the funds from its
Debtor-In-Possession account that it has amassed during the
pendency of the Chapter 11 case. If and to the extent the funds in
the Debtor-In Possession account are not sufficient to satisfy the
payment of administration expenses, then Doodnauth shall infuse his
own personal funds to make said payment.
As for the Debtor's Plan, it requires regular payments over a
period of seven years. The Debtor has compiled a detailed analysis
of its projected income and expenses over each of the next seven
years which clearly evidences its ability to make all the required
payments under its Plan. The Debtor took great efforts to ensure
that its comprehensive Financial Projections were prepared with the
greatest possible accuracy. Therefore, the Debtor has the
determined belief that it has the ability to make the payments
required under its Plan.
The Bankruptcy Court has scheduled a hearing to consider
confirmation of the Plan for March 18, 2025 at 11:30 a.m., before
the Honorable Nancy Hershey Lord, United States Bankruptcy Judge,
at the United States Bankruptcy Court for the Eastern District of
New York.
A full-text copy of the Second Amended Disclosure Statement dated
February 25, 2025 is available at https://urlcurt.com/u?l=NEXT1e
from PacerMonitor.com at no charge.
Counsel for the Debtor:
Raymond W. Verdi Jr., Esq.
Law Offices of Raymond W. Verdi Jr., PC
116 East Main Street, Suite C
Patchogue, NY 11772
Telephone: (631) 289-2670
Facsimile: (631) 758-2304
About Hulkz Construction LLC
Hulkz Construction LLC is in the business of owning and operating
the real properties being (1) a two family property located at 1834
Hamburg Street, Schenectady, NY 12304 (the "Hamburg Property") and
(2) a one family property located at 142 N. Brandywine Ave.,
Schenectady, NY 12307 (the "Brandywine Property") (collectively the
"Business Properties").
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-70785) on February 5,
2024, listing up to $50,000 in both assets and liabilities.
Judge Nancy Hershey Lord presides over the case.
Raymond W. Verdi Jr., Esq. at the Law Offices of Raymond W. Verdi
Jr., is the Debtor's counsel.
JW ALUMINUM: Moody's Affirms 'B3' CFR & Alters Outlook to Stable
----------------------------------------------------------------
Moody's Ratings changed JW Aluminum Continuous Cast Company's (JW
Aluminum) outlook to stable from positive. At the same time,
Moody's assigned a B3 rating to the company's proposed $350 million
senior secured notes and affirmed the B3 Corporate Family Rating,
B3-PD Probability of Default Rating. The B3 rating on the existing
senior secured notes have been reviewed in the rating committee and
remain unchanged. The rating is unchanged because Moody's expects
the proceeds from the new notes will be used to redeem the existing
$300 million senior secured notes (B3 rated $285 million notes and
$15 million unrated notes) and to pay a $50 million shareholder
dividend.
"The change in JW Aluminum's outlook to stable reflects Moody's
expectations for weaker operating results and credit metrics in
2025, along with longer term concerns about metal cost and
competitive price pressures as customers focus on sustainability
and aluminum fabricators materially increase domestic capacity. It
also reflects the risk of shareholder friendly actions," said
Michael Corelli, Moody's Ratings' Senior Vice President and lead
analyst for JW Aluminum.
RATINGS RATIONALE
JW Aluminum's B3 corporate family rating reflects its modest
interest coverage (EBIT/interest), history of limited free cash
generation, small scale, reliance on its Mt. Holly plant for more
than 75% of its sales volumes and about 5 customers for almost 50%
of revenues, its exposure to a single commodity, and reliance on
cyclical sectors. The company faces cyclical risks due to its
dependence on the Building & Construction and HVAC end-markets, and
to a lesser extent on the transportation sector. The rating also
incorporates Moody's expectations for a weak near-term operating
performance and deteriorating credit metrics and the risk of
longer-term scrap metal cost and competitive price pressures as
customers focus on sustainability and aluminum fabricators
materially increase domestic capacity. In addition, the rating
considers the risk of shareholder friendly actions as the amount of
outstanding preferred stock (about $1 billion as of December 31,
2024) continues to grow (12.5% PIK dividend), and only preferred
shareholders receive the first $85 million of dividends paid by the
company of which $10 million was paid in 2023 and $50 million is
expected to paid with the proceeds of the note issuance.
JW Aluminum's rating benefits from a strong market position for
most of its flat rolled aluminum products and its long-term
relationships with a large number of customers. Its rating also
benefits from its moderate financial leverage, its sector leading
operating margins and the company's aluminum price pass-through
model that provides some level of earnings stability with volume
levels and scrap metal costs being critical factors. Although the
company hedges a large portion of its aluminum and scrap purchases,
thereby reducing its exposure to volatility in this market, it
retains some sensitivity to movements in the scrap market. If not
fully hedged, the company is also exposed to operational and
liquidity risks during periods of high aluminum price volatility.
JW Aluminum produced Moody's adjusted EBITDA of about $86 million
in 2024 versus $101 million in 2023 as higher metal costs and about
a $7 million increase in selling, general & administrative expenses
(S,G&A) more than offset the benefit of higher volumes. The higher
S,G&A expenses were mostly attributable to higher legal expenses
related to a worker's compensation settlement, and to a lesser
extent, an increase in management incentive and compensation
expenses. The company generated only about $13 million of free cash
flow in 2024 as it invested around $17 million in working capital.
This cash was added to the company's cash balance which was about
$28 million as of December 2024. The lower earnings led to an
increase in the company's adjusted leverage ratio (Debt/EBITDA) to
3.6x from 3.1x in December 2023, as its interest coverage
(EBIT/Interest) weakened to 1.6x from 2.0x.
JW Aluminum's operating performance and credit metrics are likely
to weaken in 2025 as metal and conversion margins contract, but the
timing and magnitude of import tariffs could somewhat alter this
expectation. Moody's anticipates lower metal margins due to higher
scrap costs and weaker conversion margins pressured by lower sales
prices due to competitive market conditions and inflationary cost
pressures. Therefore, Moody's expects the company to generate
adjusted EBITDA of about $80 million and to generate modest free
cash flow. The combination of higher debt and weaker earnings will
result in an adjusted leverage ratio of about 4.5x and interest
coverage of around 1.3x. These metrics are in line with the B3
rating.
JW Aluminum is expected to maintain adequate liquidity. The company
had $28 million in cash and no borrowings outstanding under its
$100 million unrated ABL facility, excluding $0.2 million of
outstanding L/Cs. The total borrowing base stood at $84.2 million,
leaving ABL availability at about $84 million. Moody's believes the
company will remain in compliance with the ABL facility minimum
fixed-charge coverage ratio covenant of 1.0x over the next 12 to 18
months.
The B3 rating on the senior secured notes reflects their
preponderance of debt in the capital structure and expectations for
limited borrowings under the ABL over the next twelve to eighteen
months. The notes are guaranteed by the company's wholly owned
domestic subsidiaries and are primarily secured by a first-priority
lien on the company's fixed assets. The notes have a second lien on
the assets securing the ABL.
The stable ratings outlook assumes JW Aluminum's operating
performance and credit metrics will moderately weaken in 2025, but
its credit profile will remain commensurate with its rating.
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
JW Aluminum's small scale, limited operational diversity and narrow
business profile limit the upside potential for its rating.
Nevertheless, a ratings upgrade would be considered if the company
maintains a leverage ratio below 4.5x, interest coverage above 2.0x
and generates consistent free cash flow. Sustaining a good
liquidity position and addressing the preferred shares of the
parent company which have a mandatory redemption in 2032 are also
pre-requisites for an upgrade. The company plans to extend the
redemption date to 2032 concurrent with the completion of its
refinancing.
Negative rating pressure could develop if the company experiences
any significant operating issues, particularly at its flagship Mt.
Holly facility, or fails to refinance its senior secured notes due
in June 2026. Any material disruption that leads to heavy reliance
on the ABL facility, weaker liquidity or reduction in its ability
to meet compliance covenants could result in a downgrade. A
leverage ratio sustained above 5.5x or interest coverage persisting
below 1.0x could also lead to a downgrade.
Headquartered in South Carolina, JW Aluminum produces rolled
aluminum products that serve the Building and Construction (B&C),
HVAC, transportation, and other end markets. The company operates
two manufacturing facilities located in Mt. Holly, South Carolina
and Russellville, Arkansas, and is privately owned by affiliates of
FS/KKR Advisor, LLC, Goldman Sachs & Co. LLC, Magnetar Capital,
Pentwater Capital Management and others. The company generated
about $630 million in net sales in the year ended December 31,
2024.
The principal methodology used in these ratings was Steel published
in November 2021.
LA SALLE: Fitch Lowers IDR to 'BB-', Outlook Negative
-----------------------------------------------------
Fitch Ratings has downgraded the Issuer Default Rating (IDR) for La
Salle University (La Salle) and the ratings on the following bonds
issued on behalf of La Salle to 'BB-' from 'BB':
- $43,595,000 Philadelphia Authority for Industrial Development, La
Salle University revenue bonds series 2024;
- $40,050,000 Philadelphia Industrial Development Authority, La
Salle University revenue bonds series 2017;
- $94,975,000 Pennsylvania Higher Educational Facilities Authority,
La Salle University revenue bonds series 2012.
The Rating Outlook is Negative.
Entity/Debt Rating Prior
----------- ------ -----
La Salle University (PA) LT IDR BB- Downgrade BB
La Salle University
(PA) /General Revenues/1 LT LT BB- Downgrade BB
As noted with Fitch's last review, La Salle's rating is highly
sensitive to deviations from the university's budget
rationalization plan, asset monetization goals, and student
enrollment targets. Fitch recognizes La Salle's success in planned
asset monetization actions to date, overhaul of its enrollment
function, and execution of meaningful expense and revenue
adjustments including a 9% yoy increase in net student revenues
expected in fiscal year 2025.
However, La Salle's fiscal year 2024 performance lagged Fitch's
expectations, resulting in deterioration of available funds (AF)
beyond Fitch's projections. Together with the expected increase in
debt from the series 2024 bond issuance, La Salle's leverage ratios
weakened, supporting the downgrade to 'BB-' from 'BB.'
Additionally, the downgrade is supported by Fitch's change in
assessment of La Salle's Operating Risk Profile to 'bb' from 'bbb'.
The change is prompted by successively weak Fitch-calculated cash
flow margins that Fitch believes will persist. Furthermore, the
weak cash flow calculations are buoyed by La Salle's repeated
recognition of outsized endowment draws into income.
La Salle's ratings reflect the university's financial asset base
that, while still adequate relative to the university's significant
debt, has declined notably in recent years. The ratings also
incorporate La Salle's weak student demand metrics that are
influenced by the highly competitive and demographically
unfavorable Northeast U.S. market, but with promising trends of
notable improvements in first-time matriculations.
The Negative Outlook reflects that absent further significant asset
monetization, revenue growth and expense reductions, further
balance sheet deterioration is likely, and may result in liquidity
pressures as well.
SECURITY
The series 2012, series 2017 and series 2024 bonds are secured on
parity by a pledge of the university's unrestricted gross revenue.
Upon an event of default, an intercreditor agreement provides for
this revenue to be delivered to the parity debt trustees and the
collateral agent.
The series 2024 bonds will be additionally secured by certain
campus properties appraised in February 2024 at $144.7 million (La
Salle's total property value was appraised at over $300 million).
Through an intercreditor agreement, holders of the series 2012 and
series 2017 bonds share in a pari passu claim to the series 2024
mortgages.
KEY RATING DRIVERS
Revenue Defensibility - 'bb'
Endowment, Fundraising, and Asset Monetization Capacities Partially
Counter Pressure on Student Revenue
La Salle's 'bb' revenue defensibility assessment reflects the
university's historical dependence on student-generated revenues
that have faced several years of enrollment contraction and weak
student demand. Total FTE enrollment in fall 2024 fell by 5% to
about 2,500 students, with declines in both undergraduate and
graduate cohorts. Undergraduate acceptance and matriculation rates
are weak, at 86% and 11% respectively, reflecting the fiercely
competitive Southeast Pennsylvania marketplace and declining local
demographics.
Despite the decline in total students, there are promising signs of
improvement, likely related to La Salle's overhaul of enrollment
personnel, processes, and strategies. New matriculants grew in fall
2024, with early indicators of substantially higher levels of
first-time matriculants for fall 2025. Furthermore, net student
revenues are projected to increase in fiscal year 2025 by
approximately 9% despite the overall drop in fall 2024 enrollment.
La Salle has been able to counter some of the volatility in student
revenues with meaningful contributions from endowment income,
fundraising, use of reserves and asset monetization. However,
recent endowment draws of over 7% and the use of strategic reserves
are unsustainable, in Fitch's opinion, and compromise future
flexibility. La Salle has solid fundraising capacity, in Fitch's
opinion, with a history of private and state grants for operations,
capital, scholarships and endowment. La Salle is also considering
the launch of a sizable fundraising campaign.
Fitch believes La Salle has significant capacity and willingness to
monetize noncore assets such as excess real estate and two steam
plants.
Operating Risk - 'bb'
Steps to Reduce Structural Balance to Date Not Sufficient to
Preserve Cash Flow
Fitch has downgraded La Salle's Operating Risk assessment to 'bb'
from 'bbb'. The downgrade incorporates weaker Fitch-calculated
operating cash flows (over negative $10 million in fiscal year
2024) and La Salle's repeated practice of taking supplemental
draws, which elevate cash flow calculations beyond what cash is
fundamentally generated.
Management projections for fiscal year 2025 represent significant
improvement in operations yoy, largely from reductions in the
expense base. However, balance in fiscal year 2025 is still reliant
on the use of strategic reserves and a large nonrecurring revenue
item related to a gift for La Salle's basketball arena.
Going forward, expense reductions should result from accepted early
retirement offers, productivity initiatives, expiration of one-time
restructuring expenses and cutback in plant maintenance costs for
offloaded real estate. However, without generation of additional
revenues, Fitch believes that La Salle will struggle to generate
cash flow margins beyond the 0%-5% range, which is most consistent
with the 'bb' Operating Risk assessment.
Fitch's operating risk assessment is also tempered by La Salle's
high fixed costs for its elevated debt load. Average annual debt
service of approximately $12 million represents a high 16% of
fiscal year 2024 operating income. Restoration of healthy and
consistent cash flow margins over the next five years is essential
to La Salle's capacity to comfortably cover debt service when
significant principal amounts start to amortize in fiscal 2030.
La Salle's internally funded capital plans for the coming years are
limited to repair and replacement costs as the university
prioritizes cash preservation, but its average age of plant of more
than 20 years may reflect growing capital needs. Roughly $18
million in new money proceeds from the series 2024 bonds, capital
gifts from a planned fundraising campaign and some state capital
funds for private universities are expected to finance current
capex needs.
Financial Profile - 'bb'
Reduction of AF Beyond Expectations Weakened Leverage; Financial
Profile Subject to Change with Asset Monetization
The 'bb' financial profile assessment reflects strain on La Salle's
leverage profile from declining assets. Fitch-calculated AF (cash
and investments less permanently restricted net assets) as of FYE
2024 amounted to about $40 million, a recent low and about half of
what it was at FYE 2019. Following the series 2024 bond issue, La
Salle's debt increased to approximately $138 million (all fixed
rate). La Salle has no debt-equivalent leases. The resulting
approximately 29% AF-to-adjusted debt is low, particularly in the
context of La Salle's 'bb' Revenue Defensibility and Operating Risk
assessments.
La Salle is bound by a debt service coverage ratio covenant in the
series 2012 and series 2017 bonds of 1.0x annually, and 1.2x on the
series 2024 bonds, with different remedies for missing these
thresholds. The definitional calculation of funds available for
debt service differs somewhat for the series 2024 bonds, but all
add balance sheet assets to the typical adjusted revenues. La Salle
attests meeting the thresholds for fiscal year 2024 and is
expecting to meet the thresholds for fiscal year 2025.
Budgetary balance is essential to maintain adequate liquidity for
operations. In Fitch forward-looking scenarios, liquidity as
measured by AF-to-operating expenses falls to concerning levels
unless significant new asset monetization plans are achieved, and
deficits are eliminated. La Salle is working on securing a working
capital line of credit to manage temporary FYE cash troughs. For
fiscal years 2023 and 2024, La Salle's auditor has issued
unqualified opinions but noted concerns prior to reviewing the
university's deficit reduction plans.
Absent improvements in recurring operating performance and a fully
successful execution of its asset monetization plans, La Salle
remains susceptible to further deterioration in AF, leverage, and
liquidity over the near term, consistent with a lower rating.
Conversely, successful execution of the university's revenue
enhancement, expense rationalization and asset monetization
strategies, may warrant a positive rating action such as reversion
to Stable Outlook.
Asymmetric Additional Risk Considerations
Fitch considers continued operating deficits that have been
addressed with supplemental draws on reserves to be an asymmetric
operating risk.
With various measures of liquidity at low levels, Fitch considers
La Salle to have an elevated asymmetric liquidity risk.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Continued enrollment declines in fall 2025 and beyond that
pressure net tuition and student fee revenue;
- Operating performance that does not steadily improve without the
use of supplemental endowment draws after fiscal 2025 enough to
support ascending debt service requirements starting in fiscal
2030;
- An unfavorable shift in financial flexibility from either
additional debt, erosion in AF or reduction of operating
liquidity;
- Inability to meet annual targets and make steady progress toward
the university's financial right-sizing, revenue building and asset
monetization plans;
- Debt service coverage ratio performance under 1.0x as defined in
the series 2024 bonds, which would result in an event of default.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Signs of stabilization or growth in total enrollment, retention
and/or residential housing levels in fall 2026;
- Execution of La Salle's asset monetization, revenue enhancement
and expense reduction plans that is better than Fitch's current
expectations, resulting in significant and sustained improvement in
Fitch-calculated operating cash flow margins and leverage ratios
(AF-to-adjusted debt);
- A return to a sustainable level of endowment support that
persists over several years, supported by stronger cash flows and
solid Fitch-calculated debt service coverage on a recurring basis.
PROFILE
La Salle University, founded in 1863 by the Institute of the
Brothers of the Christian Schools (Christian Brothers), is a
private, co-educational university located on a 133-acre campus in
the Germantown area of Philadelphia, 10 miles from Center City. La
Salle is one of six Lasallian colleges in the U.S. and among
numerous colleges and educational institutions in the Lasallian
network worldwide. La Salle was granted university status in 1984.
The Christian Brothers' residence is co-located on the campus of
the university.
La Salle offers undergraduate and graduate degrees at its three
schools: Arts and Sciences, Business, and Nursing and Health
Sciences. La Salle's most popular majors among undergraduates are
business and nursing, and among graduates are business, education
and health science. Roughly 68% of students are undergraduates and
80% are Pennsylvania residents. With several NCAA Division I men's
and women's athletic programs and several hundred student-athletes,
athletics is an important component of La Salle's operations.
La Salle's accreditation from the Middle States Commission on
Higher Education was most recently affirmed in 2016. The university
is currently in the process of its self-review scheduled for 2025.
La Salle's U.S. Department of Education (DOE) composite score for
fiscal year 2024 was 1.3, which the DOE considers financially
responsible but may require some cash oversight.
Sources of Information
In addition to the sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
data from Lumesis.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
LCI INDUSTRIES: S&P Assigns 'BB-' ICR, Outlook Stable
-----------------------------------------------------
S&P Global Ratings assigned its 'BB-' issuer credit rating to
Leisure and industrial equipment supplier LCI Industries.
S&P said, "We also assigned our 'BB+' issue level rating and '1'
recovery rating to the proposed revolving credit facility and term
loan B. This is two notches above the issuer credit rating,
indicating S&P Global Ratings' view that lenders could expect a
very high (90%-100%; rounded estimate: 95%) recovery in the event
of default."
The stable outlook reflects S&P's expectation that S&P Global
Ratings-adjusted leverage pro forma for the financing will be in
the mid-2x area in 2025, which would be a good cushion compared
with our 4x downgrade threshold to accommodate potential future
acquisitions, shareholder capital returns, and high volatility over
the economic and inventory cycle.
The company operates in highly competitive and volatile markets.
The company is a manufacturer and distributor of component parts
and supplies for the recreational vehicle (RV), marine, and
adjacent industries. S&P said, "We believe the business has low
barriers to entry and competes primarily on price, reliability,
delivery times, and quality. LCI's end markets are fragmented, and
it competes with regional and national players, some of which have
similar scale or cost advantages, including rated peer Patrick
Industries Inc. (BB-/Stable). However, the company has good
positions in the RV and marine markets. These business factors
result in lower EBITDA margin than the broader leisure universe,
but in line with other leisure goods manufacturers. LCI is also
exposed to the risk of commodity input price increases. We believe
LCI's ability to pass on higher costs ultimately depends on the
overall health of the supply chain and on its customers' ability to
accept higher prices."
LCI operates in highly cyclical industries, which could see
substantial deterioration in demand in an economic downturn. In
2024, about 53% of LCI's sales were to the RV and marine original
equipment manufacturer (OEM) markets. RVs and boats are big-ticket,
highly discretionary leisure purchases that depend on the strength
of the economy, discretionary income levels, consumer confidence,
and credit availability. LCI's North American marine OEM sales were
down about 30% in 2024 because consumer sentiment was lower and
higher interest rates have made financing RV sales less palatable,
especially for new buyers. Over time, marine demand could be
supported by the replacement cycle of registered boats in the U.S.,
where the average boat is generally older. Manufacturers' ability
to capitalize on this replacement cycle will depend on consumers'
willingness to replace boats and any competition from other
big-ticket leisure options.
Business risks are mitigated by some revenue diversification. S&P
said, "We believe LCI's exposure to different end markets helps to
diversify its revenue, particularly if revenue components among end
markets are not highly correlated over an economic cycle. This can
help offset industry-specific end-market risks. For example, the
negative effect of sales declines in 2024 in the marine OEM market
has been moderated by less volatile conditions in the aftermarket
and adjacent end markets. It is also our understanding that some
capacity is interchangeable among LCI's production facilities and
that this flexibility could help to absorb excess capacity in
individual end markets. We believe LCI's acquisition and
diversification strategy may help to expand EBITDA margin over
time, partly through purchasing companies that produce higher
value-added products."
S&P said, "However, we believe correlation across end markets would
likely increase in a cyclical downturn, particularly in response to
changes in discretionary income, interest rates, and other
macroeconomic variables.
"We expect LCI will maintain a moderate financial policy with
leverage levels that provide cushion for operating variability,
particularly during economic or cyclical downturns. LCI's stated
financial policy is to reduce and sustain its measure of net debt
to EBITDA of 1.5x-2.0x, but we believe LCI could temporarily exceed
that level for opportunistic acquisitions. The company's measure of
1.7x net leverage in 2024 translates into our higher 2.3x adjusted
metric primarily because of our lease adjustment, and we do not net
cash balances for highly volatile companies like LCI. Risk
considerations are also partly mitigated by our forecast that S&P
Global Ratings-adjusted debt to EBITDA will improve to the mid-2x
area in 2025 from about 2.7x pro forma for 2024, which incorporates
a modest increase in demand for RVs in 2025 and 2026, along with
growth in the company's aftermarket segment. This would represent a
good cushion compared with our 4x downgrade threshold at the 'BB-'
rating, some revenue diversification, anticipated prudent financial
management, and an acquisition strategy that could expand EBITDA
margins over time. We estimate a moderate economic recession could
cause the company's leverage to spike by 1x or more. If the company
makes acquisitions and increases leverage near the top of the
cycle, anticipated volatility in a downturn could cause leverage to
spike further. As a result, we factor this incremental financial
risk into the rating."
Material prolonged tariffs could pressure margins. LCI sourced
about 35% of its raw materials outside of the U.S. in 2024, with
some imports coming from China. S&P said, "This exposure is
somewhat offset by LCI's expansive supplier footprint, and our view
that the company may be able to mitigate tariff exposure through
pricing pass-through mechanisms. While LCI will try to pass on
these higher input costs to the degree it can, ultimately original
equipment manufacturers' willingness to continue to share higher
input costs with suppliers depends on consumers' willingness to pay
higher prices. We believe material tariffs could pose a burden on
margins and may lead to weaker credit metrics than we are currently
assuming in our base case."
S&P said, "The stable outlook reflects our expectation that S&P
Global Ratings-adjusted leverage pro forma for the financing will
be in the mid-2x area in 2025, which would be a good cushion
compared with our 4x downgrade threshold to accommodate potential
future acquisitions, shareholder capital returns, and high
volatility over the economic and inventory cycle.
"We could lower our rating on LCI if its operating performance were
weaker than we expected, and we believed it would sustain our
measure of adjusted gross debt to EBITDA above 4x. This would
likely be due to debt-funded acquisitions and a prolonged recession
in the U.S. that hurts consumer spending in LCI's end markets.
"We could raise our rating on LCI to 'BB' if we believed it would
sustain S&P Global Ratings-adjusted leverage of below 3x,
incorporating temporary spikes for acquisitions as well as
volatility over the economic cycle. We estimate a moderate economic
recession could cause the company's leverage to rise by 1x or more.
The rating upside would likely depend on the company maintaining a
lower leverage tolerance for acquisitions or an improved business
risk profile; however, this would also depend on LCI's ability to
use its debt capacity to complete an acquisition large enough to
improve its product scale and diversity over time while remaining
within our leverage expectations for a higher rating."
LEASING TRUCK: Unsecured Creditors to Split $70K over 5 Years
-------------------------------------------------------------
Leasing Truck Solution Inc. filed with the U.S. Bankruptcy Court
for the Northern District of Illinois a Disclosure Statement
describing Plan of Reorganization dated February 25, 2025.
The Debtor is a holding company which leases all its trucks and
trailers to Patriot Transport, which in turn provides freight
transportation and supply chain services for clients in the U.S.
The company was founded in 2013, and its headquarters are currently
in Carol Stream, Illinois. The Debtor is owned and operated by Igor
Terletsky. The Debtor currently owns 29 trucks and 18 trailers.
During Covid-19, the Debtor remained in business due to the high
demand for transportation and financial support from the
government. However, post 2021, fuel prices started to climb and in
2022 fuel prices were double than in previous years. In 2022, the
demand and load prices decreased by 40% creating a national crisis
for transportation companies. In addition, high demand for new
trucks and trailers in 2021 caused delays in fulfilling equipment
orders, coupled with increased equipment costs and higher debt
service. These factors contributed to significant cash flow issues
in 2022 and 2023 and a decline in operations.
In 2024, BMO Harris and Daimler Financial Services initiated
litigation against the Debtor to repossess equipment, and filed
suit against the related guarantor entities. As a result of the
litigation, the Debtor filed Chapter 11 proceeding in July, 2024.
The Debtor's Plan of Reorganization provides for distribution to
the holders of allowed claims and interests from cash, cash
equivalents and other funds and income derived the continued
operations of the Debtor.
The Reorganized Debtor shall distribute payments as provided by the
Plan to each class of claims according to the priorities set forth
in the Bankruptcy Code and on a pro rata basis within each class of
claims.
Class 2 consists of General Non Priority Unsecured Claims. The
allowed unsecured claims total $2.6 Million. Class 2 Claims
including unsecured claims asserted by the Taxing Authorities shall
be paid pro rata distributions of deferred cash payments
aggregating $70,000 from the General Unsecured Creditor Fund
payable in five equal payments of $14,000 with the first
installment due 6 months following the Effective Date (or July 31,
2025 whichever sooner) and $14,000 payable annually on July 31,
2026, 2027, 2028 and 2029. Class 2 Claims are impaired.
Class 5 consists of Equity Interests. All equity interests shall be
deemed to be terminated and canceled upon the Effective Date. Newly
issued equity security interests of the Reorganized Debtor
consisting of 1,000 shares of the newly issued common stock shall
be transferred to Igor Terletsky upon waiver of Mr. Terletsky's
Class 4 Claim on the Effective Date and payment of the Class 2
Claims hereunder. Class 5 Claims and Equity interests are impaired
under the Plan.
Except as otherwise provided in the Plan or the Confirmation Order,
all cash necessary for the Debtor to make payments pursuant to the
Plan to Allowed Administrative Claims, Priority Claims, Priority
Tax Claims, Secured Claims and General Unsecured Non- Priority
Claims will be from the continued operations of the Debtor.
Except as otherwise provided herein or as ordered by the Bankruptcy
Court, distributions to be made on account of Class 2 Claims that
are Allowed Claims as of the Effective Date shall be made on the
Distribution Date and on each anniversary thereof for a total of
five payments of $14,000 (or $70,000 in the aggregate). Any payment
or distribution required to be made under the Plan on a day other
than a Business Day shall be made on the next succeeding Business
Day.
A full-text copy of the Disclosure Statement dated February 25,
2025 is available at https://urlcurt.com/u?l=h7AKhC from
PacerMonitor.com at no charge.
Counsel to the Debtor:
David Freydin, Esq.
Law Offices of David Freydin PC
8707 Skokie Blvd, Suite 312
Skokie, IL 60077
Tel: (847) 972-6157
Fax: (866) 897-7577
Email: david.freydin@freydinlaw.com
About Leasing Truck Solution Inc.
Leasing Truck Solution Inc. is a truck and trailer leasing company
in Carol Stream, Illinois.
Leasing Truck Solution Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-09880) on July
8, 2024. In the petition filed by Igor Terletsky, as president, the
Debtor reports total assets of $1,960,000 and total liabilities of
$9,106,341.
Honorable Bankruptcy Judge Timothy A. Barnes oversees the case.
The Debtor is represented by David Freydin, Esq. at the LAW OFFICES
OF DAVID FREYDIN.
LITTLE MINT: Seeks to Sell Restaurant Assets at Public Sale
-----------------------------------------------------------
The Little Mint Inc. seeks permission from the U.S. Bankruptcy
Court for the Eastern District of North Carolina, New Bern
Division, to sell personal property in a public sale, free and
clear of liens, claims, and encumbrances.
The Debtor is a North Carolina corporation, founded in 1991 and
headquartered in Mount Olive, North Carolina, that operates a fast
casual restaurant chain known as "Hwy 55 Burger Shakes & Fries."
The Debtor has 71 locations, consisting of 14 corporate-owned
stores and 57 franchised stores. The stores are located primarily
throughout the Southeast, with operations in North Carolina, South
Carolina, Georgia, Florida, Tennessee, and Texas.
The Debtor employs Mike Gurkins and Country Boys Auction & Realty,
Inc., D.E. 127, as the auctioneer.
The Auctioneer has inspected and appraised the personal property of
the Debtor that was removed the Debtor's former corporate office in
Mount Olive, North Carolina. The personal property consists of
office furniture, miscellaneous restaurant equipment, and related
items.
The Auctioneer will hold a public sale to sell the personal
property that will be held on April 23, 2025, at 10:00 a.m. or
shortly thereafter at Country Boys Auction & Realty Inc. located at
1211 W. 5th St. Washington, N.C. 27889.
The Property will be sold in an "AS IS" condition, and the buyer
will bear all costs, including registration fees and local
applicable transfer fees or taxes and any North Carolina sales tax
that may apply.
The Debtor believes that the best method to liquidate the property,
and to preserve the rights of lienholders, is to sell the same in
public auction. The proceeds from the sale will be distributed
first to costs and allowed fees, and the secured claims.
About The Little Mint Inc.
The Little Mint, Inc. owns multiple Hwy 55 Burgers, Shakes & Fries
restaurants. It conducts business under the name Hwy 55 Burgers
Shakes & Fries and is based in Mount Olive, N.C.
Little Mint sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.C. Case No. 24-04510) on Dec. 31, 2024. In its
petition, the Debtor reported assets between $1 million and $10
million and liabilities between $10 million and $50 million.
Judge Joseph N. Callaway presides over the case.
The Debtor tapped Rebecca F. Redwine, Esq., at Hendren, Redwine &
Malone, PLLC as counsel and Nunn, Brashear & Uzzell, PA as
accountant.
LIVE NATION: Moody's Raises CFR to 'Ba2' & Alters Outlook to Stable
-------------------------------------------------------------------
Moody's Ratings upgraded Live Nation Entertainment, Inc.'s (Live
Nation) corporate family rating to Ba2 from Ba3, probability of
default rating to Ba2-PD from Ba3-PD, senior secured bank credit
facilities and senior secured notes ratings to Ba1 from Ba2, and
senior unsecured notes ratings to Ba3 from B1. The company's
speculative grade liquidity rating was unchanged at SGL-1. The
outlook was changed to stable from positive.
"The upgrade recognizes Live Nation's ongoing good operating
performance, driven by robust demand for live events, which will
allow the company to sustain good credit metrics", said Peter Adu,
a Moody's Ratings analyst.
RATINGS RATIONALE
Live Nation's Ba2 CFR benefits from: (1) a large scale and strong
market position, enhanced by established relationships with
performing artists, which create substantial barriers to entry; (2)
sustainable and predictable cash flow due to its established
platform for concert promotions and ticketing; (3) material
improvement in debt/EBITDA post COVID-19 pandemic, supported by
EBITDA growth, together with Moody's expectations that the ratio
will be sustained below 4x through 2026, barring material
acquisitions (was 3.6x for 2024); (4) good long term growth
prospects, especially in emerging markets where rising middle class
incomes will drive increased consumption of live events; and (5)
very good liquidity boosted by positive free cash flow generation.
The rating is constrained by: (1) reputational and regulatory risks
from periodic publicity and ongoing lawsuits while exposed to event
risk of regulatory changes addressing its substantial market
position or mandated consumer protection initiatives; (2) a
business model that is tied to live events, which are discretionary
and subject to material volatility as was experienced during the
pandemic; and (3) governance risks stemming from its lack of a
publicly articulated financial leverage target despite having an
acquisition growth strategy together with its ownership profile,
which could introduce shareholder friendly actions.
Live Nation has three classes of debt: (1) Ba1-rated senior secured
credit facilities and senior secured notes; (2) Ba3-rated senior
unsecured notes; and (3) unrated subordinated convertible notes.
The Ba1 rating on the company's secured debt is one notch above the
CFR to reflect their preferential access to realization proceeds as
well as loss absorption capacity provided by junior ranking
unsecured notes and subordinated convertible notes. The Ba1 rating
incorporates a one notch override because the security package is
provided by domestic restricted subsidiaries and there is material
value in the foreign subsidiaries that do not provide guarantees.
The unsecured notes are rated Ba3, one notch below the CFR, to
reflect the sizeable amount of secured debt ranking ahead of them.
Live Nation has very good liquidity (SGL-1) through March 31, 2026,
with sources approximating $4.1 billion while the company has about
$310 million of debt maturities and term loan amortization in this
time frame. Liquidity sources include unrestricted cash of about
$1.6 billion ($6.1 billion balance sheet cash less $1.6 billion in
ticketing client cash and $2.9 billion in net event-related
deferred revenue and accrued artist fees), full availability under
its $1.3 billion revolving credit facility that expires in November
2029, full availability under its new $400 million venue expansion
revolving credit facility that expires in November 2029, and
Moody's free cash flow estimate of about $800 million over the next
12 months. Moody's expects the company to remain in compliance with
a 6.75x net leverage covenant, with a step down to 6.25x on March
31, 2026 (more than 50% cushion). Live Nation has limited ability
to generate liquidity from asset sales.
The outlook is stable because Moody's expects the company to
continue demonstrating good operating performance and maintaining
very good liquidity while sustaining debt/EBITDA below 4x through
2026.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company's operating
fundamentals continue to improve, including growth in revenue and
EBITDA while maintaining very good liquidity and sustaining
debt/EBITDA towards 3x and EBITA/Interest above 4.5x.
The ratings could be downgraded if the company's growth strategy
were challenged, evidenced by material revenue or EBITDA declines
or if it sustains debt/EBITDA above 4.5x and EBITA/Interest below
3.5x. Weak liquidity, possibly due to negative free cash flow
generation on a consistent basis could also cause a downgrade.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Live Nation, headquartered in Beverly Hills, California, owns,
operates and/or exclusively books venues and promotes live
entertainment with operations in North America, Europe, Asia and
South America. The company also operates a leading live
entertainment ticketing and marketing company (Ticketmaster).
MASDAC LLC: Creditors to Get Adversary Proceedings & Receivables
----------------------------------------------------------------
MASDAC, LLC, d/b/a Larsen & Ruggiero Mechanical, d/b/a L&R
Mechanical, filed with the U.S. Bankruptcy Court for the Eastern
District of New York a Plan of Reorganization dated February 25,
2025.
Class 2 consists of Allowed General Unsecured Claims. This Class
consists of eleven claims. This class will be paid a pro rata
percentage commencing within thirty days of the effective date of
the Plan from the amount in the Debtor's DIP account from
collections. The Debtor will make quarterly pro rata distribution
from collections.
The Class 2 creditors are impaired pursuant to Section 1124 of the
Bankruptcy Code because they are being paid less than 100% of their
claim and are entitled to vote pursuant to Section 1126(c) of the
Bankruptcy Code.
Class 3 consists of the Claims of Member Interest. The Class 3 ius
impaired for the purpose of Section 1124 of the Bankruptcy Code and
is entitled to vote pursuant to Section 1126(f) of the Bankruptcy
Code but the vote will not count towards the required consenting
class, as the member is an insider.
The Plan shall be effectuated from money being held in the Debtor's
DIP account and from the continued collection of receivables and
money collected from adversary proceedings the Debtor will
commence.
Upon the confirmation of this Plan, the Debtor shall be re-vested
with legal and equitable title to its property and the property of
the estate.
A full-text copy of the Plan of Reorganization dated February 25,
2025 is available at https://urlcurt.com/u?l=AHVsQm from
PacerMonitor.com at no charge.
The Debtor's Counsel:
Heath S. Berger, Esq.
BERGER, FISCHOFF, SHUMER, WEXLER & GOODMAN, LLP
6901 Jericho Turnpike
Suite 230
Syosset, NY 11791
Tel: 516-747-1136
Email: hberger@bfslawfirm.com/
gfischoff@bfslawfirm.com
About MASDAC LLC
MASDAC, LLC, doing business as Larsen & Ruggiero Mechanical, doing
business as L&R Mechanical, is part of the building equipment
contractor industry.
MASDAC sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-41830) on April 30,
2024. In the petition signed by Alain Holtz, managing member, the
Debtor disclosed $822,341 in assets and $1,227,301 in liabilities.
Judge Elizabeth S. Stong oversees the case.
Heath S. Berger, Esq., at Berger, Fischoff, Shumer, Wexler &
Goodman, LLP, serves as the Debtor's counsel.
MAXLINEAR INC: Moody's Lowers CFR to B3 & Alters Outlook to Stable
------------------------------------------------------------------
Moody's Ratings downgraded MaxLinear, Inc.'s corporate family
rating to B3 from B1, probability of default rating to B3-PD from
B1-PD. Moody's also downgraded the senior secured first lien credit
facilities, comprised of the revolver due June 2026 (Revolver) and
term loan B due June 2028 (Term Loan) to B3 from B1. The
Speculative Grade Liquidity Rating is maintained at SGL-3. The
outlook was revised to stable from negative.
The downgrade of MaxLinear's CFR reflects the poor financial
performance and Moody's expectations that EBITDA margins and
leverage metrics will remain weak over the next 12 to 18 months.
While the inventory clearing process in MaxLinear's end markets has
largely been completed, Moody's expects only a modest recovery over
the next 12 to 18 months. Moody's believes that MaxLinear's actions
in 2024 to reduce operating expenses will result in the company
generating free cash flow (FCF) in the coming quarters as revenues
increase and profitability improves.
RATINGS RATIONALE
The B3 CFR reflects MaxLinear's depressed revenues and
profitability, with quarterly revenues down nearly 27% year over
year (down 68% since 2022) and negative free cash flow (FCF) and
EBITDA (Moody's adjusted) for the quarter ended December 31, 2024.
The revenue volatility is due in part to MaxLinear's concentrated
end market exposure, which differs from the company's larger
competitors such as Broadcom Technology Inc. (Broadcom), whose
diverse end markets limit the overall revenue impact of declines in
any one segment. Moody's expects FCF will gradually improve during
2025 as customer inventories are now largely balanced, which should
provide for a revenue recovery in 2025 and 2026.
MaxLinear benefits from a large cash balance and its outsourced
manufacturing model, which limits capital spending needs. MaxLinear
has valuable intellectual property (IP) as indicated by the high
gross margins (maintained at the mid to upper 50 percent level
despite the currently depressed revenues). MaxLinear also holds
niche market positions in radio frequency (RF) chips used primarily
in home networking, wireless infrastructure, and data center
systems.
MaxLinear has been engaged in an arbitration initiated by Silicon
Motion Technology Corp. (Silicon Motion) since October 2023 with
the Singapore International Arbitration Centre. This follows
MaxLinear's termination of its agreement to acquire Silicon Motion
a month earlier citing, among several other reasons, that Silicon
Motion had suffered a Material Adverse Effect (as defined in the
acquisition agreement) that was continuing. Silicon Motion formally
rejected MaxLinear's grounds for terminating the acquisition.
Through the arbitration process, Silicon Motion is seeking payment
of the $160 million acquisition termination fee plus damages.
Should Silicon Motion prevail in the arbitration, and MaxLinear is
compelled to make a substantial cash payment to Silicon Motion,
this would pressure MaxLinear's B3 CFR.
The stable outlook reflects Moody's expectations of a modest
recovery revenues from the currently depressed level, as Moody's
believes that end market excess inventories have now largely
cleared. Moody's expects revenues to increase at an upper single
digits percent annual rate over the next 12 to 18 months. The
outlook also reflects the risk that the Silicon Motion arbitration
could require MaxLinear to make a settlement payment to Silicon
Motion. Though the magnitude of a potential settlement payment is
unknown, Moody's notes that MaxLinear has some capacity to address
this due to the large cash balance ($118.6 million as of December
31, 2024), which should steadily grow over the coming quarters due
to increasing cash generation. Though the potential settlement
payment timing and magnitude is unknown at this time, MaxLinear
believes that based on similar situations, no cash payment would be
required until 2027 at the earliest. Over the period, Moody's
expects the EBITDA margin to rise to the mid-single digits percent
level (Moody's adjusted) and debt to EBITDA improving toward the
lower 7x level (Moody's adjusted) due to growing revenues and the
cost reduction actions taken over the past year.
The SGL-3 rating reflects MaxLinear's adequate liquidity,
incorporating the potential for a moderately negative outcome of
the Silicon Motion arbitration. Liquidity is supported by a large
cash balance ($118.6 million at December 31, 2024). Moody's expects
that MaxLinear will generate annual FCF (Moody's adjusted) of at
least $20 million over the next 12 to 18 months (exclusive of any
settlement payment that may be required under the Silicon Motion
arbitration). This reflects a continuing recovery in revenues,
profitability, and FCF generation, with the recovery continuing in
2026.
Absent a negative outcome on the Silicon Motion arbitration, given
the large cash balance and improving FCF, Moody's do not expect
that MaxLinear will need to draw on the $100 million Revolver. The
Term Loan is not subject to any financial maintenance covenants.
The Revolver, however, contains a springing financial covenant set
at 3.5x debt to EBITDA (as defined in the credit agreement), which
is tested at Revolver utilization in excess of just 1% of total
commitments (borrowings or letters of credit). Given MaxLinear's
depressed profitability, Moody's believes that availability under
the Revolver, which matures in just over a year (June 2026), will
be severely limited for at least the next several quarters.
The Term Loan and the Revolver are both rated B3, reflecting the
single class of debt in the capital structure. These debt
instruments benefit from the collateral, which is comprised of a
first priority lien on the company's assets.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Given the uncertain outcome of the Silicon Motion arbitration, a
rating upgrade is unlikely over the near term. Assuming successful
resolution of the Silicon Motion arbitration, the rating could be
upgraded if MaxLinear profitably increases scale and diversity.
Annual revenues should be sustained above $500 million and the
EBITDA margin (Moody's adjusted) sustained at least in the upper
teens percent level. Moody's would also expect MaxLinear to limit
the use of financial leverage such that FCF to debt (Moody's
adjusted) would be maintained above the mid single digits percent
level.
The ratings could be downgraded if Silicon Motion is awarded a
large settlement upon conclusion of the arbitration, which strains
MaxLinear's liquidity or, if funded by borrowing, materially
increases financial leverage. The rating could also be downgraded
if revenues and profitability further weaken. If cash consumption
persists or intensifies such that MaxLinear's liquidity materially
erodes, the rating could be downgraded.
MaxLinear, Inc. is a fabless semiconductor firm that produces
radiofrequency (RF) and mixed-signal integrated circuits used in
broadband communications, data centers, and metro and long-haul
data transport network applications.
The principal methodology used in these ratings was Semiconductors
published in October 2023.
MITEL NETWORKS: Gets Court Okay for $131MM Financing
----------------------------------------------------
Dorothy Ma of Bloomberg Law reports that a Texas court has given
interim approval for Canadian telecommunications firm Mitel
Networks' debtor-in-possession (DIP) financing.
"There are simply no other viable options," Judge Christopher M.
Lopez stated during Tuesday's, March 11, 2025, bankruptcy hearing.
The $131 million DIP facility consists of $69 million in new money
term loans and $62 million in roll-up term loans, according to
court documents. Priority-lien lenders who join the restructuring
agreement are eligible to fund the new money loan in proportion to
their stake.
About Mitel Networks Inc.
Mitel Networks Inc. provides communication solutions.
Mitel Networks Inc. and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90094) on
March 10, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 billion and $10 billion each.
MOM CA INVESTCO: 19 Affiliates' Chapter 11 Case Summary
-------------------------------------------------------
Nineteen affiliates of MOM CA Investco LLC that simultaneously
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code:
Debtor Case No.
------ --------
Retreat at Laguna Villas, LLC 25-10432
520 Newport Center Drive
Suite 480
Newport Beach CA 92660
Retreat at Laguna Villas, LLC 25-10432
Sunset Cove Villas, LLC 25-10433
Duplex at Sleepy Hollow, LLC 25-10434
Cliff Drive Properties DE, LLC 25-10435
694 NCH Apartments, LLC 25-10436
Heisler Laguna, LLC 25-10437
Laguna Festival Center, LLC 25-10438
891 Laguna Canyon Road, LLC 25-10439
777 at Laguna, LLC 25-10440
Laguna Art District Complex, LLC 25-10441
Tesoro Redlands DE, LLC 25-10442
Aryabhata Group LLC 25-10444
Hotel Laguna, LLC 25-10445
4110 West 3rd Street DE, LLC 25-10446
314 S. Harvard DE, LLC 25-10447
Laguna HI, LLC 25-10448
Laguna HW, LLC 25-10449
The Masters Building, LLC 25-10450
837 Park Avenue, LLC 25-10451
Business Description: The Debtors constitute a real estate joint
venture comprised of a portfolio of
commercial properties owned by the Debtors.
The properties that make up the portfolio
include hotels, an apartment complex, office
buildings, other commercial real estate,
and individual homes used as luxury vacation
rentals.
The Debtors have requested joint
administration of their Chapter 11 cases
under lead Case No. 25-10321 (Bankr. D. Del.
in MOM CA Investco LLC).
Chapter 11 Petition Date: March 10, 2025
Court: United States Bankruptcy Court
District of Delaware
Judge: Hon. Brendan Linehan Shannon
Debtors'
Restructuring
Co-Counsel: Christopher M. Samis, Esq.
Aaron H. Stulman, Esq.
R. Stephen McNeill, Esq.
Gregory J. Flasser, Esq.
Ethan H. Sulik, Esq.
Sarah R. Gladieux, Esq.
POTTER ANDERSON & CORROON LLP
1313 N. Market Street, 6th Floor
Wilmington, Delaware 19801
Tel: (302) 984-6000
Fax: (302) 658-1192
Email: csamis@potteranderson.com
astulman@potteranderson.com
rmcneill@potteranderson.com
gflasser@potteranderson.com
esulik@potteranderson.com
sgladieux@potteranderson.com
Debtors'
Lead
Restructuring
Counsel: Jeffrey K. Garfinkle, Esq.
Rebecca Wicks, Esq.
BUCHALTER, A PROFESSIONAL CORPORATION
18400 Von Karman Avenue, Suite 800
Irvine, CA 92612-0514
Tel: (949) 760-1121
Email: jgarfinkle@buchalter.com
rwicks@buchalter.com
- and -
J. Leland Murphree, Esq.
John T. Baxter, Esq.
BUCHALTER, A PROFESSIONAL CORPORATION
1 Music Circle South, Suite 300
Nashville, TN 37203
Tel: (629) 224-6600
Email: lmurphree@buchalter.com
jbaxter@buchalter.com
- and -
Khaled Tarazi, Esq.
BUCHALTER, A PROFESSIONAL CORPORATION
15279 N. Scottsdale Road, Suite 400
Scottsdale, Arizona 85254-2659
Tel: (480) 383-1800
Email: ktarazi@buchalter.com
Debtors'
Restructuring
Advisor: FTI CONSULTING, INC.
Estimated Assets: $100 million to $500 million
Estimated Liabilities: $100 million to $500 million
The petitions were signed by Mark Shinderman as chief restructuring
officer.
Full-text copies of some of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/D4VNDRQ/Retreat_at_Laguna_Villas_LLC__debke-25-10432__0002.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/JRQFAKY/Sunset_Cove_Villas_LLC__debke-25-10433__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/J6RV6VA/Duplex_at_Sleepy_Hollow_LLC__debke-25-10434__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/JYOZIZY/Cliff_Drive_Properties_DE_LLC__debke-25-10435__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/OEQ3J6I/694_NCH_Apartments_LLC__debke-25-10436__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Cantor Group IV LLC Loan Unknown
520 Newport Center Dr
Suite 480
Newport Beach, CA 92660
Email: Cantorgroupiv@gmail.com
2. Coastline Santa Monica Loan Unknown
Investments LLC
520 Newport Center Dr
Suite 480
Newport Beach, CA 92660
Email: Coastlinesantamonica@outlook.com
3. Cantor Group V LLC Loan Unknown
520 Newport Center Dr
Suite 480
Newport Beach, CA 92660
Email: Cantorgroupv@gmail.com
4. Allen Matkins Professional $2,488,807
865 S Figueroa St Services
Suite 2800
Los Angeles, CA 90017
Phone: 949-553-1313
Email: demmel@allenmatkins.com
5. My Laguna Stay Inc. Vendor $185,205
24351 Armada Dr
Dana Point, CA 92629
Phone: 760-659-3986
Email: vacation@everydaylux.com
6. BPM LLP Professional $97,032
2001 N Main St Services
Suite 360
Walnut Creek, CA 94596
Phone: 925-296-1040
Email: mrowe@bmp.com
7. Prenovost Normandin Professional $90,823
2122 N Broadway Services
Suite 200
Santa Ana, CA 92706
Phone: 714-547-2444
Email: receptionist@pnbd.com
8. Cal Star Services Vendor $88,010
PO Box 1172
Loma Linda, CA 92354
Phone: 951-850-9998
Email: info@calstar.com
9. Worldwide Produce Vendor $71,493
PO Box 745159
Los Angeles, CA 90074-5159
Phone: 213-747-4411
Email: shawnb@wwproduce.com
10. The Chef's Warehouse Vendor $52,512
West Coast LLC
PO Box 601154
Pasadena, CA 91189-1154
Phone: 626-465-4200
Email: chef@chefswarehouse.com
11. Regal Court Reporting Professional $48,366
1551 N Tustin Ave #750 Services
Santa Ana, CA 92705
Phone: 866-228-2685
Email: info@regalcourtreporting.com
12. Newport Meat Company Vendor $35,639
PO Box 19726
Irvine, CA 92623
Phone: 949-399-4299
Email: tonys@newportmeat.com
13. Santa Monica Seafood Vendor $34,906
Company
18531 S Broadwick St
Rancho Dominguez, CA 90220
Phone: 800-969-8862
Email: orders@smseafood.com
14. A&S Accounting Solutions Professional $30,000
321 5th St Services
Huntington Beach, CA 92648
Phone: 714-536-6828
Email: audra@asaccountingsolutions.com
15. Fuscoe Vendor $29,500
16795 Von Karmen
Suite 100
Irvine, CA 92602
Phone: 949-474-1960
Email: ar-invoices@fuscoe.com
16. Traker Development Vendor $26,250
260 Newport Center Dr
Suite 410
Newport Beach, CA 92660
Phone: 949-999-0834
Email: jim_trammell@yahoo.com
17. US Foods Vendor $26,207
File 6993
Los Angeles, CA 90074-6993
Phone: 714-670-3500
Email: tradeinvoices@usfoods.com
18. Liberty Landscaping Inc. Vendor $23,029
5212 El Rivino Rd
Riverside, CA 92509
Phone: 951-683-2999
Email: office@libertylandscaping.com
19. Reece Bath & Kitchen Vendor $21,528
PO Box 740039
Los Angeles, CA 90074-0039
Phone: 714-459-5019
Email: ecomsupport@reece.com
20. Kendall Brill & Kelly LLP Professional $20,303
10100 Santa Monica Blvd Services
Suite 1725
Los Angeles, CA 90067
Phone: 310-556-2700
Email: mender@kbkfirm.com
21. D&D Wholesale Vendor $19,940
777 Baldwin Park Blvd
City of Industry, CA 91746
Phone: 626-333-2111
Email: ddwholesaler@gmail.com
22. Pro-Line Electrical Vendor $18,974
Contractors, Inc.
360 E 1st St #169
Tustin, CA 92780
Phone: 714-832-1187
Email: info@prolineelectrical.com
23. Southern California Grading Vendor $17,284
16291 Construction Circle E
Suite A
Irvine, CA 92606
Phone: 949-551-6655
Email: estimating@socalgrading.com
24. Smart Key Locksmith Vendor $16,380
25211 Sunnymead Blvd
Suite C-4
Moreno Valley, CA 92553
Phone: 951-544-2544
Email: smartkeylocksmiths@yahoo.com
25. International Marine Vendor $15,963
Products Inc.
3020 E Washington Blvd
Los Angeles, CA 90023
Phone: 213-893-6123
Email: order@intmarine.com
26. Standard Air Mechanical Inc. Vendor $15,630
PO Box 5803
Norco, CA 92860
Phone: 909-896-1825
Email: felix96@live.com
27. Trend Systems Group Vendor $15,506
2126 S Standard Ave
Santa Ana, CA 92708
Phone: 714-936-6545
Email: reice@trendsystems.net
28. Vierergruppe Management Inc. Vendor $14,486
1932 E Deere Ave
Suite 150
Santa Ana, CA 92705
Phone: 949-546-5452
Email: brian@vgruppemanagement.com
29. SureTech Insurance Company Vendor $13,503
2103 City West Blvd
Suite 1300
Houston, TX 77042
Phone: 800-446-6671
Email: zoe.zuo@amwins.com
30. Camacho's Plumbing and Vendor $12,420
Welding
5590 W Mission Blvd
Ontario, CA 91762
Phone: 909-961-3912
Email: jose@camachorepair.com
MOSAICS PUBLIC: Moody's Affirms Ba1 Rating on 2024A Revenue Bonds
-----------------------------------------------------------------
Moody's Ratings has affirmed the Ba1 rating on MOSAICS Public
School, ID's Nonprofit Facilities Revenue Bonds (MOSAICS Public
School Project), Series 2024A (Credit Enhancement) and Series 2024B
(Credit Enhancement) (Federally Taxable). The outlook is stable.
The school currently has $9 million in revenue debt outstanding.
RATINGS RATIONALE
The Ba1 rating reflects the charter school's solidifying
competitive profile and market position, driven by increasing
enrollment within a growing service area and academic performance
that continues to outperform the local school district. The rating
also considers the school's sound fiscal health, characterized by
stable operating margins since inception and adequate debt service
coverage of 1.2x for fiscal 2024. Liquidity remains healthy in
terms of days cash on hand, though it is modest in absolute terms.
Near-term budget forecasts predict consistent operating performance
and a gradual increase in cash reserves over the coming years.
Additionally, Moody's credit assessment accounts for the school's
elevated leverage and small scale of operations. Charter renewal
risk is low and the school's authorizer recently renewed the
school's charter contract for a 6-year term.
RATING OUTLOOK
The stable outlook reflects the expectation that the school will
continue to increase enrollment to near or full building capacity
over the next few years while maintaining a strong student demand.
This anticipated increase in enrollment is expected to bolster both
revenue and nominal liquidity, ensuring the preservation of stable
operating margins and annual debt service coverage.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Demonstrated ability to increase and sustain student enrollment
at or near full capacity, along with maintenance of a strong
student waitlist
-- Sustained strengthening of liquidity to at least 200 days cash
and debt service coverage above 2.0x
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Inability to increase and sustain student enrollment at or near
full capacity, or diminished student waitlist
=- Reduced liquidity below 90 days cash or debt service coverage
falling near 1.0x
-- Material increase to the charter school's leverage ratio
LEGAL SECURITY
The school's outstanding bonds are payable from payments received
pursuant to a loan agreement between MOSAICS Public School and the
Idaho Housing and Finance Association. The association serves as
the issuer of the debt. Under the loan agreement, the school has
pledged to make payments from a pledge of gross revenues. The gross
revenues are primarily comprised of state funding, though the
agreement does also include any other revenues derived from
operation of the school. A deed of trust on the school's real
estate backs the loan in the event of nonpayment. Key bond
covenants include maintaining a debt service coverage ratio of
1.1x, or 1.0x if the school maintains over 90 days cash on hand,
and a liquidity covenant requiring at least 45 days cash on hand.
The school was approved to use the Idaho Public Charter School
Facilities Program for its outstanding Series 2024A and Series
2024B bonds. A key requirement of the program is a direct-pay
arrangement for debt service, whereby all state per pupil payments
to the school are sent directly to the bond trustee to set aside
funds in accordance with the bond indenture. The bonds also benefit
from a debt service reserve funded at the lesser of the standard
three-prong test or at least twelve months of debt service.
PROFILE
MOSAICS Public School, a non-profit, tuition-free, open-enrollment
charter school located in Caldwell, ID, commenced operations in
Fall 2020. It currently enrolls approximately 530 students across
grades K-8. The school is authorized by the Idaho Public Charter
School Commission, which recently renewed its charter for an
additional six-year term, extending through June 30, 2031.
METHODOLOGY
The principal methodology used in these ratings was US Charter
Schools published in April 2024.
MTL PARTNERS: Unsecured Creditors to Split $69K over 3 Years
------------------------------------------------------------
MTL Partners LLC filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization dated February
25, 2025.
The Debtor is a Florida limited liability company created by
Articles of Organization filed with the Florida Secretary of State
on or around September 3, 2010, with an effective date of September
1, 2010. The Debtor is a large online retailer of high quality
leather furniture.
The Debtor also operates a physical location in Sanford, Florida.
Most of the Debtor's income is derived from online sales. The
Debtor's physical place of business is located at 101 Towne Center
Blvd, Sanford, FL 32771 ("Premises"), which the Debtor leases from
Sanford Commercial Group LLC, 650 NE 32nd St, Ste 5304, Miami, FL
33137 (a noninsider).
This Plan provides for: 1 class of secured claim; 1 class of
unsecured claims; and 1 class of equity security holders.
Class 2 consists of the Allowed Unsecured Claims against the
Debtor. This Class is Impaired.
* Consensual Plan Treatment: The liquidation value or amount
that unsecured creditors would receive in a hypothetical chapter 7
case is approximately $0.00. Accordingly, the Debtor proposes to
pay unsecured creditors a pro rata portion of $69,000.00. The
Reorganized Debtor shall pay said amount in equal quarterly
payments of $5,750.00 and shall be disbursed pro rata to the
holders of Allowed General Unsecured Claims. Payments shall
commence on the fifteenth day of the month, on the first month that
begins more than fourteen days after the Effective Date and shall
continue quarterly for eleven additional quarters. Pursuant to
Section 1191 of the Bankruptcy Code, the value to be distributed to
unsecured creditors is greater than the Debtor's projected
disposable income to be received in the 3-year period beginning on
the date that the first payment is due under the plan. Holders of
Class 2 General Unsecured Claims shall be paid directly by the
Debtor.
* Nonconsensual Plan Treatment: The liquidation value or
amount that unsecured creditors would receive in a hypothetical
chapter 7 case is approximately $0.00. Accordingly, Debtor proposes
to pay unsecured creditors a pro rata portion of its projected
Disposable Income, $68,952.00. If the Debtor remains in possession,
plan payments shall include the Subchapter V Trustee's
administrative fee which will be billed hourly at the Subchapter V
Trustee's then current allowable blended rate. Plan Payments shall
commence on the Effective Date, and shall continue quarterly for
eleven additional quarters. The initial quarterly payment is
$5,746.00. Holders of class 2 claims shall be paid directly by the
Debtor.
Class 3 consists of any and all equity interests and warrants
currently issued or authorized in the Debtor. This Class is
Unimpaired. Holders of Class 3 interests shall retain their full
equity interest in the same amounts, percentages, manner and
structure as existed on the Petition Date.
The Plan contemplates that the Reorganized Debtor will continue to
operate the Debtor's business.
Except as explicitly set forth in this Plan, all cash in excess of
operating expenses generated from operation until the Effective
Date will be used for Plan Payments or Plan implementation, cash on
hand as of Confirmation shall be available for Administrative
Expenses.
A full-text copy of the Plan of Reorganization dated February 25,
2025 is available at https://urlcurt.com/u?l=GUINTV from
PacerMonitor.com at no charge.
About MTL Partners LLC
MTL Partners LLC, doing business as Collier's Furniture Expo, is a
furniture store in Sanford, Florida, offering stationary sofas,
reclining sofas, stationary sectionals, and reclining sectionals.
MTL Partners sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-06518) on Nov.
27, 2024. In the petition filed by Michael Collier, as managing
member, the Debtor reported total assets of $97,459 and total
liabilities of $2,244,020.
Judge Grace E. Robson handles the case.
The Debtor is represented by:
Jeffrey S. Ainsworth, Esq.
BransonLaw, PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: 407-894-6834
Email: jeff@bransonlaw.com
NORTHVOLT AB: Prepares Bankruptcy Filing for Swedish Operations
---------------------------------------------------------------
Jonas Ekblom and Rafaela Lindeberg of Bloomberg News report that
Northvolt AB, a battery manufacturer, is reportedly preparing to
file for bankruptcy for its entire Swedish operations as soon as
Wednesday, according to Dagens Nyheter, which cited unnamed
sources.
The electric-vehicle supplier, already undergoing Chapter 11
restructuring in the United States, is expected to proceed with the
filing if it fails to secure new funding by Tuesday, the Swedish
newspaper reported, citing two independent sources. The Stockholm
government has been notified, the report added.
A Northvolt spokesperson declined to comment when reached by
phone.
About Northvolt AB
Northvolt AB was established in 2016 in Stockholm, Sweden.
Pioneering a sustainable model for battery manufacturing, the
company has received orders from several leading automotive
companies. The company is currently delivering batteries from its
first gigafactory, Northvolt Ett, in Skelleftea, Sweden and from
its R&D and industrialization campus, Northvolt Labs, in Vasteras,
Sweden.
On Nov. 21, 2024, Northvolt AB and eight affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D. Tex. Case No. 24-90577).
The cases are before the Honorable Alfredo R. Perez.
Northvolt is being advised by Teneo as its restructuring and
communications advisor. Kirkland & Ellis LLP, A&O Shearman and
Mannheimer Swartling Advokatbyra AB are serving as legal counsel.
The company has also engaged Rothschild & Co to run its marketing
process. Stretto is the claims agent.
NORTHWEST GRADING: Gets Final OK to Use Cash Collateral Until June
------------------------------------------------------------------
Northwest Grading, Inc. received final approval from the U.S.
Bankruptcy Court for the District of Idaho to use cash collateral
until June 30.
The final order, signed by Judge Noah Hillen, approved the use of
cash collateral for payment of expenses set forth in the company's
budget.
Secured lenders, including Merchants National Bonding and the U.S.
Small Business Administration, were granted liens on all
post-petition cash collateral to the same extent and with the same
priority as their pre-bankruptcy liens.
About Northwest Grading Inc.
Northwest Grading, Inc. is a heavy civil contractor in Hauser,
Idaho, specializing in infrastructure, water and sewer facilities.
Northwest Grading filed Chapter 11 petition (Bankr. D. Idaho Case
No. 24-20429) on December 20, 2024, listing between $1 million and
$10 million in both assets and liabilities. William J. Krick,
president of Northwest Grading, signed the petition.
Judge Noah G. Hillen oversees the case.
The Debtor is represented by Matthew T. Christensen, Esq., at
Johnson May, PLLC.
NOVO INTEGRATED: Extends CEO Resignation Effective Date to March 31
-------------------------------------------------------------------
Novo Integrated Sciences, Inc., filed a Form 8-K with the
Securities and Exchange Commission, announcing that the Company and
Robert Mattacchione had mutually agreed to extend the date of Mr.
Mattacchione's resignation to no later than March 31, 2025. This
extension allows the Company additional time to ensure a smooth
transition for the chief executive officer role.
On Nov. 7, 2024, Mr. Mattacchione stepped down as the Company's
chief executive officer, with his resignation taking effect 90 days
after the notification date, specifically on Feb. 5, 2025. As
previously mentioned, the effective date of his resignation was
later extended to Feb. 20, 2025, and then further extended to no
later than March 7, 2025.
Following Mr. Mattacchione's departure as CEO, Mr. Mattacchione
intends to continue to serve as (i) the Company's Chairman of the
Board, and (ii) Chairman of Novo Healthnet Limited, a wholly owned
subsidiary of the Company. Mr. Mattacchione's resignation was not
due to any disagreement with the Company on any matter related to
the Company's operations, policies, or practices.
About Novo Integrated
Novo Integrated Sciences, Inc., headquartered in Bellevue,
Washington, owns Canadian and U.S. subsidiaries which provide, or
intend to provide, essential and differentiated solutions to the
delivery of multidisciplinary primary care and related wellness
products through the integration of medical technology,
interconnectivity, advanced therapeutics, diagnostic solutions,
unique personalized product offerings, and rehabilitative science.
Spokane, Washington-based Fruci & Associates II, PLLC, the
Company's auditor since 2022, issued a "going concern"
qualification in its report dated Dec. 14, 2023, citing that the
Company has incurred recurring losses from operations, has negative
cash flows from operating activities, and has an accumulated
deficit as of Aug. 31, 2023. These factors, among others, raise
substantial doubt about the Company's ability to continue as a
going concern.
For the fiscal years ended Aug. 31, 2024 and 2023, the Company
reported net losses attributed to Novo Integrated Sciences of
$16,166,744 and $13,214,552, respectively, and negative cash flow
from operating activities of $5,069,840 and $2,243,315,
respectively. As of Aug. 31, 2024, the Company had an aggregate
accumulated deficit of $83,199,785.
"Such losses have historically required us to seek additional
funding through the issuance of debt or equity securities. Our
long-term success is dependent upon among other things, achieving
positive cash flows from operations and if necessary, augmenting
such cash flows using external resources to satisfy our cash needs.
There can be no assurance that we will be able to obtain additional
funding, if needed, on commercially reasonable terms, or of all,"
stated Novo Integrated in its Annual Report for the year ended Aug.
31, 2024.
OCEAN BAY HOLDINGS: Seeks Chapter 11 Bankruptcy in New Jersey
-------------------------------------------------------------
On March 4, 2025, Ocean Bay Holdings LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of New
Jersey. According to court filing, the Debtor reports between $1
million and $10 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Ocean Bay Holdings LLC
Ocean Bay Holdings LLC is a limited liability company.
Ocean Bay Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-12234) on March 4, 2025.
In its petition, the Debtor reports estimated assets up to $50,000
and estimated liabilities between $1 million and $10 million.
The Debtor is represented by:
Brian W. Hofmeister, Esq.
LAW FIRM OF BRIAN W. HOFMEISTER, LLC
3131 Princeton Pike
Building 5, Suite 110
Lawrenceville, NJ 08648
Tel: 609-890-1500
Fax: 609-890-6961
ONDAS HOLDINGS: Reports Reduced Net Loss of $38 Million for 2024
----------------------------------------------------------------
Ondas Holdings Inc. filed its annual report on Form 10-K with the
Securities and Exchange Commission, reporting a net loss of $38.01
million on net revenue of $7.19 million for the year ending Dec.
31, 2024. This represents an improvement compared to the net loss
of $44.84 million on net revenues of $15.69 million for the year
ending Dec. 31, 2023.
As of Dec. 31, 2024, the Company had $109.62 million in total
assets, $73.68 million in total liabilities, $19.36 million in
redeemable noncontrolling interest, and $16.58 million in total
stockholders' equity.
Somerset, New Jersey-based Rosenberg Rich Baker Berman, P.A., the
Company's auditor since 2018, issued a "going concern"
qualification in its report date March 12, 2025. The report
highlighted that the Company has experienced recurring losses from
operations, negative cash flows from operations and a working
capital deficit as of
Dec. 31, 2024.
Since its inception, the Company has experienced substantial net
losses. As of Dec. 31, 2024, and Dec. 31, 2023, the accumulated
deficit stood at approximately $236 million and $198 million,
respectively. To date, the Company has primarily funded its
operations through the sale of equity securities and debt
financing.
The Company expects a notable rise in operating costs as it
implements its growth strategy, especially through substantial
investments in research, development, and marketing. The Company
said the timeline for achieving profitability is highly uncertain,
and it anticipates continuing to incur significant expenses and
operating losses for the foreseeable future. Further losses could
negatively impact stockholders' equity and the value of its common
stock and the Company cannot assure that it will ultimately become
profitable.
Management Comments
"Ondas entered 2024 with deepening customer engagement and a
growing business pipeline at OAS, allowing us to end the year with
$10 million in backlog at OAS. We believe 2025 will be a record
year with OAS expected to contribute at least $20 million in
revenues of the expected Ondas Holdings revenue of $25 million,"
said Eric Brock, Chairman and CEO of Ondas Holdings. "Our momentum
in 2024 was supported by securing two key programs with a major
military customer for our Optimus and Iron Drone platforms, opening
the large and fast-growing global defense markets. Additionally,
we fortified our financial position by securing $35 million of
capital in the fourth quarter, supporting our strong growth
outlook.
"In 2025, as we recover from the war-related disruptions of the
previous year, we are delivering on our backlog and growing
bookings. Our focus is on expanding our current programs in Israel
and the United Arab Emirates (UAE), and securing new military
customers, while also capturing important Drone as First Responder
(DFR) and critical infrastructure customers in the U.S. As we
bring more customers on board, we will expand our operating
platform with targeted investments in our supply chain and field
services capabilities, supporting the multi-year growth plan we are
executing. The recently announced partnership with Palantir will
be critical to scaling our global operating platform as revenues
ramp and we create optionality around strategic activities that
broaden our solutions portfolio for customers.
"We recently significantly bolstered our leadership team with the
addition of Oshri Lugassi as Co-CEO at OAS and Markus Nottelmann as
CEO at Ondas Networks. Oshri and Markus bring incredible
leadership experience and valuable skillsets to help Ondas
operationalize and drive adoption of our platform technologies. We
are already witnessing expanded customer and strategic
opportunities at both OAS and Ondas Networks as they hit the ground
running. I look forward to working closely with these two
exceptional leaders as we build the business across Ondas.
"At OAS, we are advancing the fulfillment of military programs for
the Iron Drone Raider and Optimus System drone platforms. I want
to emphasize the outstanding work with Iron Drone, where we
collaborated intensively with our customers and technology partners
to enhance, commercialize, and operationalize the Raider platform
for combat deployments. The Iron Drone Raider features what we
believe are best-in-class intelligent navigation capabilities in
global navigation satellite system (GNSS) complex environments,
meeting global requirements for low kinetic mitigation of threats
from hostile drones. We have made similar navigation enhancements
for the Optimus System, further establishing this platform as a
valuable component of border and military base security for defense
and homeland security customers.
"At Ondas Networks, we continue to see significant long-term
opportunities with the dot16 standard in the railroad sector.
Although the railroads' spending plans for the new 900 MHz network
have remained slower than expected, we anticipate eventual upgrades
there as legacy equipment is obsoleted, as well as in other private
rail networks. As we continue to engage customers on network
adoption timelines, we expect to secure new product development and
service partners in 2025, which will drive increasing operational
use cases for applications supported by our dot16-enabled
solutions. These new products and services underscore the
significant and growing strategic value of our unique
software-based IP supporting the dot16 industrial wireless
standard, as well as the technology expertise our team brings to
the rail markets," Brock concluded.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1646188/000121390025022968/ea0232702-10k_ondashold.htm
About Ondas Holdings
Marlborough, Mass.-based Ondas Holdings Inc. provides private
wireless data solutions through its subsidiary, Ondas Networks
Inc., and commercial drone solutions through Ondas Autonomous
Systems Inc. (OAS), which includes wholly owned subsidiaries
American Robotics, Inc. and Airobotics LTD. OAS focuses on the
design, development, and marketing of autonomous drone solutions,
while Ondas Networks specializes in proprietary, software-based
wireless broadband technology for both established and emerging
commercial and government markets. Together, Ondas Networks,
American Robotics, and Airobotics deliver enhanced connectivity,
situational awareness, and data collection capabilities to users in
defense, homeland security, public safety, and other critical
industrial and government sectors.
OTB HOLDING: Seeks to Sell Obsolete Assets
------------------------------------------
OTB Holding LLC and its affiliates seek permission from the U.S.
Bankruptcy Court for the Northern District of Georgia, Atlanta
Division, to sell obsolete Assets, free and clear of liens,
interests, and encumbrances.
The Debtors have identified certain property that is obsolete,
excessive, or burdensome (De Minimis Assets) and requests to sell
such assets with de minimis value and for consideration not to
exceed $100,000 per transaction, free and clear of liens, claims,
interests, and encumbrances.
If the consideration for a particular sale of De Minimis Assets
does not exceed $50,000, the Debtors seek authorization to
consummate such sale without further notice to any party other than
by filing a report of sale with this Court upon completion of the
sale.
In the event the particular sale of De Minimis Assets exceeds
$50,000 but is less than $100,000, the Debtors seek authorization
to consummate such sale pursuant to the following procedures:
a. The Debtors shall give written notice of the proposed sale.
b. The Sale Notice will be served on the Notice Parties via
first class mail, overnight mail or email.
c. If the terms of a proposed sale or transaction are materially
amended after the transmittal of the Sale Notice, the Debtors will
transmit an amended Sale Notice to the Notice Parties.
d. The Notice Parties will have the right to object to any such
proposed sale of De Minimis Assets by notifying the Debtors in
writing of such objection without the need to file a formal
objection with the Court, not later than 5:00 p.m. (Prevailing
Eastern Time) on the 7th calendar day after the date of service of
the Sale Notice or Amended Sale Notice.
e. If no written objection is received by the Debtors by 5:00
p.m. eastern time on the 7th day following the Sale Notice, the
Debtors shall be authorized, without further notice and without
further Court approval, to immediately consummate the proposed sale
transaction, and any entities having a Lien on the
property sold shall be deemed to have consented to the sale.
f. If a Notice Party provides a timely written objection to the
proposed transaction, the Debtors and such objecting Notice Party
shall use good faith efforts to consensually resolve the objection.
In connection with the day-to-day operation of their businesses,
the Debtors have accumulated certain miscellaneous De Minimis
Assets, including, but not limited to, liquor licenses, restaurant
furniture, computer and other restaurant related equipment, spare
or other unusable parts and inventory, and various other personal
property.
The Debtors assert that the prompt sale of De Minimis Assets
without the need for further Court approval is in the best
interests of their estates and creditors because it will maximize
recoveries by reducing administrative expenses in connection
therewith and conserve the resources of both the Court and the
Debtors by avoiding the need for serial motions to approve sales
which fall below a certain value threshold.
About OTB Holding LLC
OTB Holding LLC The Debtors are the operators of the well-known
restaurant brand "On The Border Mexican Grill & Cantina," which
focuses on the development, operation, and franchising of casual
dining establishments in the U.S. and South Korea. Founded in 1982
in Dallas, Texas, On The Border is recognized for its sizzling
mesquite-grilled fajitas, award-winning margaritas, house-made
salsa, and endless chips and salsa. Over the past 40 years, the
brand has expanded from a single cantina into one of the most
popular Tex-Mex chains in the country, offering a wide range of
flavorful dishes inspired by Texas and Mexico. With more than 80
locations in the U.S. and internationally, it has become a go-to
spot for fresh Tex-Mex food and lively dining experiences. On The
Border stands out in the casual dining industry by leveraging its
unique and authentic brand. As of the Petition Date, the Debtors
continue to operate 60 restaurant locations across 18 states, all
of which are leased. In addition, the Company has franchise
agreements with third parties who run 20 additional locations in
the U.S. and South Korea.
The Debtor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ge. Case No. 25-52415 (SMS) on March 4, 2025. In
the petitions signed by Jonathan Tibus as chief restructuring
officer, the Debtor reports an estimated assets of $10 million to
$50 million and liabilities of $10 million to $50 million.
Seven affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
OTB Holding LLC (Lead Case) 25-52415
OTB Acquisition LLC 25-52416
OTB Acquisition of New Jersey LLC 25-52417
OTB Acquisition of Howard County LLC 25-52418
Mt. Laurel Restaurant Operations LLC 25-52419
OTB Acquisition of Kansas LLC 25-52420
OTB Acquisition of Baltimore County, LLC 25-52421
Judge Sage M. Sigler presides over the case.
Jeffrey R. Dutson, Esq., Brooke L. Bean, Esq., and Kyung Won Song,
Esq., at KING & SPALDING LLP, represent the Debtors as legal
counsel.
ALVAREZ & MARSAL NORTH AMERICA, LLC serves as the Debtors' Chief
Restructuring Officer Provider.
KURTZMAN CARSON CONSULTANTS, LLC serves as the Debtors' Claims &
Noticing Agent.
HILCO CORPORATE FINANCE, LLC represents the Debtors as Lead
Investment Banker.
PEDIATRIX MEDICAL: Moody's Alters Outlook on 'Ba3' CFR to Positive
------------------------------------------------------------------
Moody's Ratings affirmed the ratings of Pediatrix Medical Group,
Inc., including its Ba3 Corporate Family Rating, Ba3-PD Probability
of Default Rating, and Ba3 senior unsecured notes rating.
Pediatrix's Speculative Grade Liquidity Rating is unchanged at
SGL-1. At the same time, Moody's revised Pediatrix's outlook to
positive from stable.
The ratings' affirmation reflects the company's strong market
position, national footprint in the pediatrics and obstetrics
health segments, and solid operating performance. The revision of
the outlook to positive reflects Moody's expectations for a return
to revenue growth and profitability, after the 2024 contract
portfolio optimization, such that the financial leverage will
decline below 3.0x in the next 12 months.
RATINGS RATIONALE
Pediatrix Medical Group's CFR is supported by the company's
moderate financial leverage and stable operating performance. The
company benefits from a strong market position, national footprint
with presence in 36 US states, favorable healthcare services
outsourcing market trends and very good liquidity. Moody's expects
that the company will operate with debt/EBITDA below 3.0 times in
the next 12-18 months.
Pediatrix's rating is constrained by underlying demographic trend
characterized by falling birth rate, service line concentration on
women's and children's health, revenue concentration in select
states (-67% revenue from 5 states) and potential challenges from
the regulatory and reimbursement environment.
The Speculative Grade Liquidity rating of SGL-1 reflects Moody's
expectations that Pediatrix will maintain very good liquidity over
the next 12-18 months. The company's liquidity is supported by
approximately $230 million in cash and full availability under the
company's $450 million unsecured revolver (not rated). In addition,
Moody's expects the company to generate positive free cash flow in
the range of $50-$100 million in the next 12 months.
Pediatrix's revolver and term loan have two financial covenants.
The company needs to maintain a maximum consolidated net leverage
ratio below 4.5x and the minimum interest coverage ratio above 3.0x
to satisfy the credit agreement covenants. The company's unsecured
notes do not have any financial maintenance covenants. Moody's
expects the company will maintain covenant compliance over the next
12-18 months.
Pediatrix's $400 million unsecured notes are rated Ba3, at the same
level as the Corporate Family Rating. The capital structure also
includes a $450 million unsecured revolving credit facility and
$250 million unsecured term loan (both not rated). The company has
only one class of debt and all individual debt instruments are pari
passu with each other.
The outlook is positive, indicating the potential for an upgrade if
leverage will steadily improve, along with sustained strong cash
flows. The outlook also incorporates Moody's expectations of
successful execution of contract portfolio optimization, organic
growth post optimization, and conservative tuck-in acquisition
policy.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Pediatrix maintains its earnings
and margins growth and very good liquidity profile. Quantitatively,
ratings could be upgraded if debt/EBITDA is sustained below 3.0
times.
The ratings could be downgraded if Pediatrix faces reimbursement,
volume, or payor mix pressures that will weaken operating
performance. A weakening in liquidity or operating margins could
also lead to a downgrade. Quantitatively, ratings could be
downgraded if debt/EBITDA is sustained above 4.0 times.
Based in Sunrise, FL, Pediatrix Medical Group, Inc. is a provider
of physician services including newborn, maternal-fetal, and other
pediatric subspecialty care. The company provides its services
through a network of more than 2,300 physicians in 36 US states.
Its revenues for the fiscal year that ended on 12/31/2024 were
approximately $2.0 billion.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
PLATINUM HEIGHTS: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
Platinum Heights, LP received interim approval from the U.S.
Bankruptcy Court for the Southern District of Texas, Houston
Division to use cash collateral.
The interim order signed by Judge Alfredo Perez approved the use of
cash collateral for the period from March 3 to 19 to pay the
expenses set forth in Platinum Heights' projected budget.
B1 Bank, a secured lender, holds a first-priority security interest
in some of Platinum Heights' assets, including an interest in the
cash collateral. As of the petition date, the secured lender was
owed more than $28.3 million.
As protection for the use of its cash collateral, B1 Bank was
granted replacement liens on all post-petition property of Platinum
Heights to the same extent and with the same priority as its
pre-bankruptcy liens.
In addition, Platinum Heights was ordered to make a regularly
scheduled payment of $191,134 to the secured lender.
A final hearing is set for March 19. Objections are due by March
17.
About Platinum Heights LP
Platinum Heights, LP filed Chapter 11 petition (Bankr. S.D. Texas
Case No. 25-90012) on February 20, 2025, listing between $50
million and $100 million in both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
The Debtor is represented by:
Omar Jesus Alaniz, Esq.
Reed Smith, LLP
2850 N. Hardwood Street
Dallas, TX 75201
Tel: 469-680-4292
Email: oalaniz@reedsmith.com
PREMIUM CRANE: Claims to be Paid From Available Cash and Income
---------------------------------------------------------------
Premium Crane, LLC, filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization dated February
25, 2025.
The Debtor was formed on September 24, 2018. The business is
located in Davenport, Florida. It is a crane service operating
throughout the state of Florida. Its certified operators provide
mobile crane services for schools, businesses and restaurants.
Premium Crane, LLC also provides HVAC crane services, billboard
crane services and crane services for constructions sites. As of
the Petition Date, the Debtor operates from 2051 Moulin Road,
Haines City, FL 33844.
The Debtor's Plan will be funded by the current and future income
earned by the Debtor. The Debtor is currently in the process of
obtaining appraisals of its vehicles and equipment; the Debtor will
supplement its financial projections once it has obtained the
necessary appraisals and can determine the secured creditor
payments through the plan as well as the projected net disposable
income available for unsecured creditors.
The Plan under Chapter 11 of the Bankruptcy Code proposes to pay
creditors of the Debtor from the Debtor's current and future
earnings.
This Plan provides for one class of priority claims; thirty classes
of secured claims; one class of general unsecured claims; and one
class of equity security holders. Unsecured creditors holding
allowed claims will receive a pro rata distribution of their
allowed claim payable over five years. This Plan also provides for
the payment of administrative and priority claims under the terms
to the extent permitted by the Code or by agreement between the
Debtor and the claimant.
Class 32 consists of General Unsecured Claims. The Debtor will pay
its projected net disposable income for the period described in
Section 1191(c)(2) of the Bankruptcy Code to pay claimants in this
class with allowed claims. The Debtor is currently working on
obtaining appraisals of its equipment and will supplement its
financial projections once it determines the secured creditor
payments according to the proposed plan treatment as well as the
projected net disposable income available to pay the Class 32
claimants.
Creditors in this class will receive a pro rata distribution of
their claim, without interest, in twenty equal quarterly
distributions, with payments commencing on the start of the
calendar quarter immediately following the last deadline for
creditors to file deficiency claims and continuing for a total of
twenty consecutive quarters. In the event that this quarter starts
less than thirty days following the last deadline for creditors to
file deficiency claims, then the payments shall not commence until
the following quarter.
Class 33 consists of Equity Security Holders of the Debtor. David
Anglin will retain ownership in the Debtor post-confirmation. No
distributions will be made to equity until such time as all
payments in Class 32 have been made.
David Anglin will continue to manage the Debtor post-confirmation.
The Plan will be funded by the current and future income earned by
the Debtor.
A full-text copy of the Plan of Reorganization dated February 25,
2025 is available at https://urlcurt.com/u?l=N7atJy from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Buddy D. Ford, Esq.
Jonathan A. Semach, Esq.
Heather M. Reel, Esq.
Buddy D. Ford, P.A.
9301 West Hillsborough Avenue
Tampa, FL 33615-3008
Tel: (813) 877-4669
Email: Buddy@tampaesq.com
Email: Jonathan@tampaesq.com
Email: Heather@tampaesq.com
About Premium Crane LLC
Premium Crane, LLC, is a crane service operating throughout the
state of Florida.
The Debtor sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-07071) on Nov.
27, 2024. In the petition filed by David Anglin, as AMBR, the
Debtor reports total assets of $3,041,564 and total liabilities of
$3,076,549.
Honorable Bankruptcy Judge Roberta A. Colton oversees the case.
The Debtor is represented by Buddy D. Ford, Esq., at Buddy D. Ford,
P.A.
PROSPECT MEDICAL: Pennsylvania Hospitals Facing Potential Closure
-----------------------------------------------------------------
Dorothy Ma of Bloomberg Law reports thatProspect Medical Holdings
Inc. plans to close several hospitals and outpatient facilities in
Pennsylvania to cut cash outflows -- a move that employees warn
could have a devastating impact on local communities.
"There is no long-term solution at this point," said William
Curtin, an attorney for Prospect, during a court hearing on
Tuesday, March 11, 2025. The company's debtors argued that the
closures would help keep other hospitals operational.
Doctors at Crozer Health, a major employer and healthcare provider
in Delaware County, Pennsylvania, warned that the shutdown would
not only harm residents but also put thousands of jobs at risk.
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical Holdings sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on
January 11, 2025. In the petition filed by Paul Rundell, as chief
restructuring officer, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' General Bankruptcy Counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York.
The Debtors' Financial Advisor is ALVAREZ & MARSAL NORTH AMERICA,
LLC.
The Debtors' Investment Banker is HOULIHAN LIKEY, INC.
The Debtors' Claims, Noticing & Solicitation Agent is OMNI AGENT
SOLUTIONS, INC.
R.R. DONNELLEY: Moody's Affirms 'B3' CFR, Outlook Remains Stable
----------------------------------------------------------------
Moody's Ratings has affirmed R.R. Donnelley & Sons Company's (RRD)
B3 corporate family rating and the B3-PD probability of default
rating. Moody's have also affirmed the rating on the senior secured
notes at B1 and the ratings on the senior unsecured notes and
junior lien senior secured notes at Caa1. The outlook remains
stable.
RATINGS RATIONALE
R.R. Donnelley & Sons Company's CFR benefits from: (1) good
position in the commercial printing market with large scale and
client diversity; (2) growth in digital marketing and packaging
offsetting declining commercial print mitigating the pressure on
EBITDA; and (3) good liquidity, including its ability to generate
free cash flow despite demand pressures.
However, the rating is constrained by: (1) aggressive financial
policies and shareholder friendly transactions by RRD's private
owners, investment funds managed by Chatham Asset Management; (2)
high adjusted Debt/EBITDA of 6.2x at Q4 2024 including the ~$1.2
billion combined Holdco Payment-In-Kind (PIK) and PIK Toggle notes
(4.4x excluding all PIK Debt); (3) exposure to the secular decline
in commercial printing due to digital substitution pressuring its
revenue and profitability; and (4) execution risks as it transforms
itself from a commercial printer focused on manuals, publications,
and brochures to innovative businesses such as packaging, labels,
direct marketing and digital offerings.
RRD has good liquidity through mid 2026, with sources totaling
about $1,110 million versus about $8 million mandatory annual debt
amortization. Liquidity is supported by about $288 million of cash
as of Dec 2024, Moody's projected free cash flow of about $80
million through mid 2026 and Moody's estimates of full availability
under its $750 million ABL facility expiring April 2026 (subject to
a borrowing base). Moody's expects the ABL to be refinanced within
a reasonable timeframe. RRD's ABL has a springing fixed charge
coverage covenant of 1x, where the company has good cushion. RRD
has limited ability to generate liquidity from asset sales.
RRD has four classes of debt: (1) the ABL facility expiring April
2026; (2) the senior secured notes due August 2029 and private term
loan B; (3) the junior lien notes; and (4) the senior unsecured
notes and debentures due 2029 through 2031. RRD's ABL facility
benefits from a first priority lien on accounts receivable,
inventory, and equipment and a second priority lien on principal
properties. The senior secured notes are rated B1, two notches
above the CFR, because they benefit from first priority liens on
principal properties and second priority liens on accounts
receivable, inventory, and equipment and are ahead of the junior
lien notes. The junior lien secured notes, and unsecured notes and
debentures are rated Caa1 to reflect their junior ranking to the
ABL and secured notes.
The stable outlook reflects Moody's expectations that RRD will
maintain good liquidity (including the refinancing of the company's
ABL facility ahead of its expiry in April 2026) with debt to EBITDA
in the high 6x range (inclusive of all PIK notes) over the next
12-18 months. The outlook also reflects Moody's expectations that
the company will manage its business mix to offset the secular
decline in its commercial printing segment.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if revenue and EBITDA declines and
results in an untenable capital structure or higher refinancing
risk, debt to EBITDA moves towards 7x (including PIK notes),
(EBITDA-Capex)/Interest remains below 1x (including PIK interest),
or if liquidity weakens possibly from persistent negative free cash
flow.
The ratings could be upgraded if the company generates sustainable
positive organic growth in revenue and EBITDA, and maintains debt
to EBITDA below 5x (including PIK notes).
The principal methodology used in these ratings was Media published
in June 2021.
Headquartered in Chicago, Illinois, R.R. Donnelley & Sons Company
is the leader in the North American commercial printing industry.
RRD is owned by investment funds managed by Chatham Asset
Management, LLC (Chatham), a private investment firm.
SASAS HOSPITALITY: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: SASAS Hospitality, LLC
4909 Oakton Street
Skokie, IL 60077
Business Description: The Debtor is a hospitality company that
owns a property at 5105 S Howell Ave,
Milwaukee, WI.
Chapter 11 Petition Date: March 10, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-03643
Judge: Hon. Jacqueline P Cox
Debtor's Counsel: Paul M. Bach, Esq.
BACH LAW OFFICES
P.O. Box 1285
Northbrook, IL 60065
E-mail: paul@bachoffices.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Amin Amdani as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/XRJIHZQ/SASAS_Hospitality_LLC__ilnbke-25-03643__0001.0.pdf?mcid=tGE4TAMA
SBLA INC: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------
Debtor: SBLA, Inc.
17111 Huntington Park Way
Boca Raton, FL 33496
Business Description: SBLA focuses on providing non-invasive,
at-home anti-aging solutions through its
innovative "sculpting wands." The Company's
product line includes items like the Neck,
Chin & Jawline Sculpting Wand, Facial
Instant Sculpting Wand, and Lip Plump &
Sculpt to help firm, lift, and rejuvenate
various areas of the face and body. Known
for its collaboration with Christie
Brinkley, SBLA emphasizes effective,
science-backed skincare to offer
alternatives to invasive procedures.
Chapter 11 Petition Date: March 11, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-12606
Judge: Hon. Mindy A Mora
Debtor's Counsel: Bradley S. Shraiberg, Esq.
SHRAIBERG PAGE PA
2385 NW Executive Center Dr
Suite 300
Boca Raton, FL 33431
Tel: 561-443-0800
E-mail: bss@slp.law
Total Assets: $801,858
Total Liabilities: $3,252,917
The petition was signed by Leonard Cogan as CFO.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ES4YFSA/SBLA_Inc__flsbke-25-12606__0001.0.pdf?mcid=tGE4TAMA
SIGNATURE YHM: Case Summary & Five Unsecured Creditors
------------------------------------------------------
Debtor: Signature YHM Land, LLC
484 Washington Street, Suite B190
Monterey, CA 93940
Business Description: The Debtor operates in the real estate
sector.
Chapter 11 Petition Date: March 11, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-50324
Debtor's Counsel: Jeffrey I. Golden, Esq.
GOLDEN GOODRICH LLP
3070 Bristol Street, Suite 640
Costa Mesa, CA 92626
Tel: (714) 966-1000
E-mail: jgolden@go2.law
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Nickolas W. Jekogian as managing
member.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/72JC7NA/Signature_YHM_Land_LLC_a_California__canbke-25-50324__0001.0.pdf?mcid=tGE4TAMA
SPD 2010: $1.2M Sale to Ranam Holdings to Fund Plan Payments
------------------------------------------------------------
SPD 2010, LLC filed with the U.S. Bankruptcy Court for the Eastern
District of New York a Combined Plan of Liquidation and Disclosure
Statement dated February 25, 2025.
The Debtor maintains its principal place of business at 142
Joralemon Street, Brooklyn, New York, 11201 (the "Property").
The Debtor operates a management services organization that owns
cooperative shares in a building owned and operated by Medical Arts
Offices Corporation ("Medical Arts"), located in Kings County at
the Property pursuant to a Stock Certificate No. 34A, issued to the
Debtor dated December 13, 2022 and the proprietary lease and all
other property rights to which the certificate relates (such
property, collectively, the "Stock Certificate").
The Debtor's personal property was valued at $1,410,576.37 as of
the filing date. The Debtor's assets consist of, among other
things, cash and cash equivalents consisting of business checking
accounts with Bank of America ("BOA") and Apple Bank, and the Stock
Certificate. The BOA business checking account ending in 4137 has
approximately $4,615.37, and the Apple Bank business checking
account ending in 0909 has approximately $5,961.00. The Stock
Certificate is being sold for $1,200,000 pursuant to the Buyer's
offer.
The Debtor's Plan will be funded by a sale of the Stock Certificate
to Ranam Holdings, LLC (the "Buyer") for $1,200,000 (the "Sale").
The Sale of the Stock Certificate will be memorialized in a
definitive agreement acceptable to the Buyer prior to confirmation
of the Plan. The Debtor does not have any secured creditors or owe
any debt to taxing authorities.
The sale proceeds shall satisfy the Debtor's administrative costs
and creditors in full. The Plan will pay creditors one-hundred
percent of their claims.
General Unsecured Claims
Class 1 consists of the Claim of Medical Arts with a total amount
of claims which is estimated to be $5,413.79 for pre petition Co Op
Monthly payments, plus additional post petition monthly Co Op
payments that have accrued since the Petition Date. Class 1 shall
receive payment in full upon closing of the Sale.
Class 2 consists of the Claim of Seyfarth in the disputed amount of
$160,000 for legal fees for representation of Medical Arts. Class 2
shall receive payment in full as to the amount to be determined
after Motion to Reduce Seyfarth's fees is adjudicated.
Class 3 consists of the Claim of BOA which is owed $4,902.29 for
credit card debt. Class 3 shall receive payment in full upon
closing of the Sale.
Class 4 consists of the Claim of Con Ed which is owed $1,000 for
utilities. Class 4 shall receive payment in full upon closing of
the Sale.
Class 5 consists of the Claim of DPS which is owed $119,600 for
utilities. Class 5 shall receive payment in full.
Class 6 consists of the Claim of Yuniver which is owed $43,000 for
services. Class 6 shall receive payment in full upon closing of the
Sale.
The Debtor shall retain its equity interests upon confirmation of
the Plan. The Debtor will hold certain proceeds from the Sale of
its Stock Certificate after payment to all creditors. Thereafter,
the Debtor shall distribute the proceeds to its sole member.
The Debtor will sell its Stock Certificate to the Buyer. The Buyer
will purchase the Stock Certificate from the Debtor for $1,200,000.
The sale is not subject to higher and better offers. The sale
proceeds shall fund the Debtor's Plan. The Debtor and Buyer are
finalizing a sale contract. The Sale is scheduled to close within
thirty days upon confirmation of the Plan, failing which the
transaction shall be terminated, and any deposit fully and
immediately returned to the Buyer, unless otherwise agreed to in
writing by the Debtor and the Buyer.
A full-text copy of the Combined Plan and Disclosure Statement
dated February 25, 2025 is available at
https://urlcurt.com/u?l=HZnjlR from PacerMonitor.com at no charge.
The Debtor's Counsel:
Sari B. Placona, Esq.
MCMANIMON, SCOTLAND & BAUMAN, LLC
75 Livingston Avenue
Suite 201
Roseland, NJ 07068
Tel: 973-622-1800
Fax: 973-622-3744
Email: splacona@msbnj.com
About SPD 2010 LLC
SPD 2010, LLC was formed as a domestic limited liability company
duly organized pursuant to the laws of the State of New York.
The Debtor sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-44982) on
November 27, 2024, with $1 million to $10 million in assets and
$100,000 to $500,000 in liabilities. The petition was signed by
Svetlana Kibrik, sole owner, member and president of SPD 2010.
The Debtor is represented by Sari B. Placona, Esq. at McManimon,
Scotland & Baumann, LLC represents the Debtor as counsel.
SPIRIT AIRLINES: Opt-Out Releases Very Well Explained, Says Judge
-----------------------------------------------------------------
Emlyn Cameron of Law360 reports that a New York bankruptcy judge
has defended his February 2025 decision to approve third-party
releases in Spirit Airlines' Chapter 11 plan, stating that the
opt-out mechanism adequately demonstrates creditor consent,
considering the thorough discussion of the process and the number
of creditors who opted out.
About Spirit Airlines
Spirit Airlines, Inc. (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders. At the time
of the filing, Spirit Airlines reported $1 billion to $10 billion
in both assets and liabilities. Judge Sean H. Lane oversees the
case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor and
Latham & Watkins LLP is serving as legal counsel to Frontier.
SSS MILWAUKEE: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: SSS Milwaukee Hospitality LLC
5311 S. Howell Avenue
4909 Oakton Street
Skokie, IL 60077
Business Description: SSS Milwaukee is a hospitality company that
owns a hotel located at 5311 South Howell
Avenue in Milwaukee, Wisconsin.
Chapter 11 Petition Date: March 10, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-03642
Judge: Hon. Donald R Cassling
Debtor's Counsel: Penelope Bach, Esq.
BACH LAW OFFICES
P.O. Box 1285
Northbrook, IL 60065
Tel: (847) 564-0808x216
Fax: (847) 564-0985
E-mail: pnbach@bachoffices.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Amin Amdani as member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/QX5CWYY/SSS_Milwaukee_Hospitality_LLC__ilnbke-25-03642__0001.0.pdf?mcid=tGE4TAMA
STARSHIP LOGISTICS: Unsecureds Will Get 9.7% of Claims in Plan
--------------------------------------------------------------
Starship Logistics LLC, filed with the U.S. Bankruptcy Court for
the Central District of California a Disclosure Statement
describing Plan of Reorganization dated February 25, 2025.
The Debtor is a logistics company located near the Port of Long
Beach, offering its international customers mid-mile and last-mile
logistics resources to fulfill all types of shipping requirements.
The Debtor is wholly owned by RPG Star Holdings Inc., a Delaware
corporation. RPG (aka Rush Parcel Global) is a holding company with
no operations. Clarence Xu is the Chief Executive Officer and
Manager of the Debtor.
The Debtor's operations and needed warehouse space have decreased
significantly, and as a result, the Debtor became unable to stay
current with its large monthly rent obligations. Accordingly,
multiple of the Debtor's prior landlords commenced unlawful
detainer actions, obtained judgments, and were attempting to
collect on such judgments. Ultimately, these collection activities
by the Debtor's former landlords forced the Debtor to seek
bankruptcy protection.
Class 3 consists of All General Unsecured Claims. Holders of
Allowed General Unsecured Claims shall receive their pro rata share
of at least $250,000 over the life of the Plan. This Class will
receive a distribution of 9.7% of their Allowed General Unsecured
Claim. This calculation is subject to change based on resolution of
Disputed Claims and passage of the Claims Bar Date.
The allowed unsecured claims total $2,575,320.97 (this number is
subject to change based upon the resolution of Disputed Claims and
passage of Bar Date). This Class is impaired.
Class 4 consists of Equity Interests of RPG Star Holdings, Inc.
(Previously defined as "Old Equity Holder"). The Debtor's sole
member, RPG Star Holdings Inc., will lose its membership units in
the Debtor.
The Plan will be funded by the Exit Financing in the aggregate
amount of approximately $75,000, plus the Debtor's Cash on hand of
approximately $43,000.
A full-text copy of the Disclosure Statement dated February 25,
2025 is available at https://urlcurt.com/u?l=BjqzYh from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Susan K. Seflin, Esq.
Steven T. Gubner, Esq.
Jessica L. Bagdanov, Esq.
BG Law LLP
21650 Oxnard Street, Suite 500,
Woodland Hills, CA 91367
Tel: (818) 827-9000
Fax: (818) 827-9099
Email: sgubner@bg.law
sseflin@bg.law
jbagdanov@bg.law
About Starship Logistics
Starship Logistics, LLC, a company in Long Beach, Calif., offers
freight transportation arrangement services.
Starship Logistics sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-18834) on Oct. 28,
2024, with $1 million to $10 million in both assets and
liabilities. Clarence Xu, chief executive officer and managing
director, signed the petition.
Judge Barry Russell oversees the case.
The Debtor is represented by Susan K. Seflin, Esq., at BG Law, LLP.
STORABLE INC: Moody's Affirms 'B3' CFR, Outlook Remains Stable
--------------------------------------------------------------
Moody's Ratings affirmed Storable, Inc.'s B3 Corporate Family
Rating, B3-PD Probability of Default Rating and its Caa2 senior
secured second lien term loan rating. Storable's senior secured
first lien term loan and senior secured revolving credit facility
ratings were downgraded to B3 from B2. Moody's also assigned B3
ratings to the incremental senior secured first lien term loan and
senior secured revolving credit facility. The outlook remains
stable.
Storable intends to use proceeds from the proposed incremental
first lien term loan to fully repay the outstanding revolving
credit facility balance and the $155 million second lien term loan
(rated Caa2). If Storable's second lien term loan is fully repaid
as part of this transaction, its ratings will be withdrawn. In
addition, the proposed transaction will extend the maturities of
the revolving credit facility and first lien term loan by three
years, to April 2029 and April 2031, respectively. The proposed
transaction is leverage neutral. On a pro forma basis, Moody's
estimates that Storable's Moody's-adjusted debt/EBITDA will remain
between 7-8x through 2025 (7.7x for the last twelve-month period
ended September 30, 2024).
The affirmation of the CFR reflects Storable's predictable
recurring revenues and highly leveraged capital structure. The
downgrade of the company's senior secured first lien credit
facilities reflects the relative mix shift of first lien versus
second lien debt in the company's capital structure. The reduction
in second lien debt and increase in first lien debt reduces junior
debt capital and lowers recovery levels on the first lien debt.
RATINGS RATIONALE
Storable's B3 corporate family rating reflects its small size (as
measured by recurring revenues), high financial leverage, and
narrow market focus as a provider of integrated technology and
software solutions to property owners and managers in the
self-storage commercial real estate sector as well as other end
markets such as marine and RVs and campgrounds. The ratings also
reflect the company's highly acquisitive track record, and Moody's
expectations that Storable will continue to expand its platform
through debt-funded acquisitions in the future. These challenges
are partially offset by Storable's healthy profit margins and free
cash flow generation, driven by its strong base of subscription
business and high customer retention rates. The ratings also
reflect the company's leading presence and market share within the
niche segment of software solutions for self-storage real estate.
However, demand for self-storage is slowing on lower residential
moves and new construction activity.
RATING OUTLOOK
The stable outlook reflects Moody's expectations that Storable will
continue to grow its products and service capabilities, operating
earnings will remain healthy through economic cycles and leverage
metrics will remain steady.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Storable profitably expands its
scale while adhering to a more conservative financial strategy,
resulting in debt to EBITDA (Moody's adjusted) sustained below 6.5x
and annual free cash flow to debt sustained above 5%.
The ratings could be downgraded if Storable experiences a weakening
competitive position, free cash flow deficits on a sustained basis
or a more aggressive financial policy that prevents meaningful
deleveraging.
Storable, Inc., headquartered in Austin, Texas is a privately held
company that provides integrated technology and software solutions
to property owners and managers in the self-storage commercial real
estate sector as well as other end markets such as marine and RVs
and campgrounds. Storable is owned by private equity firms, EQT
Partners and Cove Hill Partners, following a leveraged buyout
("LBO") transaction.
The principal methodology used in these ratings was Software
published in June 2022.
SUNNOVA ENERGY: Fitch Lowers LongTerm IDR to 'CCC-'
---------------------------------------------------
Fitch Ratings has downgraded Sunnova Energy International Inc.'s
(Sunnova) and Sunnova Energy Corporation's (SEC) Long-Term Issuer
Default Ratings (IDRs) to 'CCC-' from 'B-'. Fitch has also
downgraded SEC's senior unsecured debt rating to 'CCC-' with a
Recovery Rating of 'RR4' from 'B'/'RR3'.
The downgrade reflects Fitch's view of a greater likelihood that
Sunnova would be unable to refinance its upcoming 2026 and 2028
corporate maturities on reasonable terms. Cash flow generation fell
short of Fitch's expectations, and residential solar developers
face tougher operation conditions due to a peer's bankruptcy and
uncertainties about renewable asset funding.
Recent poor capital market performance of Sunnova's equity and debt
instruments, along with limited access new corporate debt, further
constrain its options. The company issued a going-concern warning
along with its 10-K filing earlier this week.
Sunnova's ratings also reflect the structural subordination of
corporate debt to nonrecourse securitization debt, a primary
funding source for the company.
Key Rating Drivers
Refinancing Risk Heightened: Fitch views a higher likelihood that
Sunnova will be unable to refinance its $400 million senior
unsecured bonds and $575 million convertible bonds, maturing in
September and December 2026, respectively, at reasonable terms, or
generate enough cash to repay bonds at maturity. As of Dec. 31,
2024, Sunnova had $211.4 million in cash and cash equivalents.
However, only $34.7 million was held outside of secured collection
accounts and available for corporate use.
On March 2, 2025, Sunnova issued a $185 million term loan with a
15% interest rate, secured by pledging residual equity interests in
all Sunnova's securitizations, excluding those of the Hestia and
RAYS programs. The company intends to use the proceeds to manage
its working capital. The term loan weakens Sunnova's already high
consolidated leverage, constrains any future capital market access,
and subordinates the existing corporate debt.
Credit Metrics to Remain Weak: Fitch expects Sunnova's funds from
operations (FFO) coverage metrics and cash flow from operations
(CFO) to remain weak over the forecast horizon, with the
consolidated FFO interest coverage ratio persistently low, in the
1.1x-1.2x range through 2026. Fitch believes cash flows could
improve from Sunnova's cost-saving measures, including a 30%
headcount reduction since 2023, moderated capex, and efforts to
renegotiate dealer terms.
However, Sunnova's working capital is expected to remain under
pressure from timing mismatches between dealer payables and tax
equity inflows. Fitch's calculation of FFO includes principal
payments from solar loans customers.
Structural Subordination of Corporate Debt: Sunnova's senior
unsecured debt, issued by SEC, is subordinated to nonrecourse
securitization debt. Most of Sunnova's revenue services
securitizations and tax equity obligations, with the residual
available for debt service and operating expenses. A smaller
portion is unencumbered by securitization and flows directly to
Sunnova, including revenue from sale of the renewable energy
credits, loan and inventory sales, and residual revenue from
securitizations. It also receives management and service fees,
which are paid before any tax equity and securitization payments.
Securitization Refinancing Risk: The main concern at the holding
company level is the securitization refinancing risk at the
anticipated repayment date (ARD), typically five to 10 years after
issuance. If not refinanced by then, cash flow from residuals
ceases. While a performance trigger breach could similarly disrupt
cash flow, this is less likely given the diversified customer base,
which would require a systemic market disruption. The next ARD is
in 2027, providing some runway. However, the main risk would be
Sunnova can secure capital market access, especially in the current
high-interest-rate environment.
Parent Subsidiary Linkage: There is parent-subsidiary linkage
between Sunnova and SEC. Fitch determines Sunnova's standalone
profile based on consolidated metrics. SEC has a stronger
standalone profile than its parent Sunnova due to additional debt
at the Sunnova level. Legal ring-fencing, access and control are
open. As a result, Fitch consolidates the IDRs of Sunnova and SEC.
Peer Analysis
Sunnova's closest peers among Fitch-rated renewable energy
providers are TerraForm Power Operating LLC (TerraForm; BB-/Stable)
and Leeward Renewable Energy Operations (Leeward; BB-/Stable),
which own and operate portfolios of nonrecourse, predominantly
renewable projects.
Fitch views Sunnova's portfolio of assets as different from its
peers, as it consists of more than 441,000 residential solar
projects across U.S. states and territories. In contrast, its peers
concentrate ownership in a few large utility-scale wind or solar
projects. Portfolio diversity provides more protection from any
single project failure affecting credit, which has an issue for
some of Sunnova's peers. Fitch also views favorably Sunnova's
portfolio mix, primarily consisting of solar and solar/storage
assets.
Leeward owns almost 100% wind generation assets, which exhibit more
resource variability. TerraForm's portfolio benefits from a large
proportion of solar generation assets at 44%. Sunnova's has a
longer remaining contract life of about 22 years, compared to
Leeward's nine years. TerraForm's long-term contracted fleet has a
remaining contract life of 11 years.
However, Sunnova's credit metrics are materially weaker than those
of its peers, with historically negative CFO. Additionally, Sunnova
has a materially weaker liquidity position and high refinancing
risk, contributing to a several-notch difference between Sunnova's
rating and its peers'.
Sunnova does not have a parent support like its peers. Leeward
benefits from having OMERS Administration Corporation (AAA/Stable)
as a sponsor, while TerraForm is fully owned by Brookfield
Renewable Partners L.P. (BBB+/Stable). Sunnova depends on public
market access to facilitate growth.
Key Assumptions
- Growth capex to be financed with a combination of tax equity and
non-recourse securitized debt;
- No dividends over the forecast period;
- Revenue, EBITDA, FFO and CFO are adjusted to include principal
payments (net of those already in revenue) from those customers who
have loan contracts with Sunnova. Revenue and EBITDA also include
interest income from loan customers;
- Average interest rate on the new securitized loans of 6.5% over
the forecast period.
Recovery Analysis
The 'CCC-'/'RR4' rating, where 'RR4' denotes a 31%-50% recovery for
Sunnova's senior unsecured notes in a bankruptcy case, is based on
a scenario in which Sunnova is not able to refinance its senior
unsecured note maturing in 2026. Fitch assumes the deconsolidated
going-concern (GC) EBITDA at Sunnova is approximately $120 million.
The deconsolidated GC EBITDA reflects the steady-state, no-growth
residual cash flow after securitizations and tax equity payments,
and other unencumbered revenue available to service corporate debt,
assuming there is no additional growth beyond 2024.
GC EBITDA reflects the absence of growth expenditure and a full
year of operations from the assets put in place as of YE 2025.
Fitch used a multiple of 4.0x to calculate a post-reorganization
valuation. The multiple applied in the Sunnova recovery scenario
reflects the company's operating profile as an entity with a
predominately subordinated cash flow stream.
Using this GC EBITDA and a 10% administrative claim in the recovery
calculation as specified in Fitch's Corporates Notching and
Recovery Ratings Criteria, the agency determines the senior
unsecured notes' recovery rating to be 'RR4'. Recovery ratings are
capped at 'RR2' for senior unsecured rating.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Inability to refinance/repay upcoming 2026 maturities such that a
default appears probable;
- A debt restructuring that is considered as a distressed debt
exchange;
- Inability to access capital markets to refinance existing
securitizations or finance future growth;
- An inability to maintain sufficient cash levels to operate over
the next 12 months.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Repayment or refinancing of its 2026 maturities without a
material reduction in terms;
- Meaningful improvement in liquidity, FFO interest coverage
consistently over 1.0x, and positive CFO generation.
Liquidity and Debt Structure
As of Dec. 31, 2024, Sunnova had total $211 million in unrestricted
cash and cash equivalents, of which $34.7 million was held outside
of secured collection accounts. It also had available borrowing
capacity under various non-recourse financing arrangements,
consisting of $383.4 million under the EZOP RCF, $194.1 million
under the TEPH facility, $42.6 million under the IS facility and
$3.8 million under the BMB facility. However, these are typically
not available for corporate use.
In January 2025, an event of default was introduced in the EZOP
agreement requiring repayment of a substantial portion of the
facility by March 31, 2025 if Sunnova failed to complete takeout
transactions for 95% of eligible solar loans within 60 days. On
March 2, 2025, Sunnova issued a $185 million secured term loan with
a 15% interest rate to manage its working capital.
Sunnova has significant upcoming maturities, with $400 million in
senior unsecured bonds and $575 million in convertible bonds, due
in September and December 2026, respectively. Another $400 million
in senior unsecured bonds and $600 million in convertible bonds
mature in 2028. Poor recent capital market performance restricts
funding access. Sunnova was compliant with its debt covenants as of
Dec. 31, 2024.
Issuer Profile
Sunnova Energy International Inc. is a leading residential energy
service provider, serving nearly 441,000 customers across the 50
U.S. states and territories. Sunnova builds, owns, operates and
finances residential solar and battery storage assets.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Sunnova Energy
International Inc. LT IDR CCC- Downgrade B-
Sunnova Energy
Corporation LT IDR CCC- Downgrade B-
senior unsecured LT CCC- Downgrade RR4 B
SUNNOVA ENERGY: Hires Ducera, Paul Weiss as Cash Crunch Looms
-------------------------------------------------------------
Reshmi Basu of Bloomberg News reports thatA group of creditors to
Sunnova Energy International Inc. has enlisted advisers after the
solar panel provider disclosed to investors that it lacks adequate
cash flow to meet its obligations, according to people familiar
with the matter.
The group, which holds various debt positions, is working with
boutique investment bank Ducera Partners and law firm Paul Weiss
Rifkind Wharton & Garrison, the sources said, requesting anonymity
due to the confidential nature of the information.
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
Founded in Houston, Texas in 2012, Sunnova started its journey to
create a better energy service at a better price. Driven by the
changing energy landscape, technology advancements, and demand for
a cleaner, more sustainable future, we are proud to help pioneer
the energy transition.
TIMELINE CONSTRUCTION: Court Approves Chap. 11 Trustee Appointment
------------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that on Tuesday,
March 11, 2025, a Texas bankruptcy judge approved a request to
appoint a Chapter 11 trustee to oversee the bankruptcy case of
Timeline Construction Inc. The decision followed claims by the U.S.
Trustee's Office that the debtor's sole member may have committed
fraud, including allegedly providing false financial information to
creditors.
About Timeline Construction
Timeline Construction, LLC is a full-service construction company
in Houston, Texas, specializing in high-end residential and
commercial construction, build-outs, remodeling, and renovations.
Timeline Construction filed Chapter 11 petition (Bankr. S.D. Tex.
Case No. 25-30212) on January 10, 2025, with between $10 million
and $50 million in both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
The Law Office of Thomas F. Jones, III represents the Debtor as
counsel.
TREE CONNECTION: Gets OK to Use Cash Collateral Until April 4
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Pennsylvania
granted The Tree Connection, LLC interim approval to use cash
collateral.
The interim order signed by Judge Patricia Mayer was authorized to
use cash collateral from the petition date through April 4 pursuant
to its budget, with a permitted 10% variance.
As protection, secured creditors Kapitus, LLC and the U.S. Small
Business Administration will be granted replacement liens on the
company's post-petition assets in case of any diminution in value
of their collateral.
If Tree Connection defaults or violates the interim order, its
right to use cash collateral will automatically cease until further
order of the court.
A final hearing is set for April 3.
About The Tree Connection
The Tree Connection, LLC offers tree services, landscaping and
hardscaping services. It is based in Coatesville, Pa.
The Tree Connection sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 24-14410) on December 11,
2024, with $500,000 to $1 million in assets and $1 to $10 million
in liabilities. Ryan Sipple, sole member and managing member of The
Tree Connection, signed the petition.
Judge Patricia M. Mayer handles the case.
The Debtor is represented by Thomas Daniel Bielli, Esq., at Bielli
& Klauder, LLC.
TUPPERWARE BRANDS: Court Orders Appointment of Retiree Committee
----------------------------------------------------------------
A U.S. bankruptcy judge ordered the U.S. Trustee for Region 3 to
appoint an official committee that will represent retirees in the
Chapter 11 case of Tupperware Brands Corp.
In her order, Judge Brendan Linehan Shannon of the U.S. Bankruptcy
Court for the District of Delaware directed the Justice
Department's bankruptcy watchdog to determine procedures for
contacting and identifying candidates to serve on the retiree
committee.
Tupperware Brands in January requested for the appointment of a
retiree committee, saying it is necessary to meet the requirements
of Section 1114 of the Bankruptcy Code.
Tupperware Brands and its affiliates maintain a self-funded health
reimbursement arrangement plan for retired employees over the age
of 65. There are approximately 250 retirees participating in the
retiree benefit plan. Specifically, these retirees receive monthly
funding of a health reimbursement account under the retiree benefit
plan.
The companies presently intend to modify or terminate the retiree
benefit plan in connection with their Chapter 11 plan process.
About Tupperware Brands
Tupperware Brands Corporation (NYSE: TUP) --
https://www.tupperwarebrands.com/ -- is a global consumer products
company that designs innovative, functional, and environmentally
responsible products. Founded in 1946, Tupperware's signature
container created the modern food storage category that
revolutionized the way the world stores, serves, and prepares food.
Today, this iconic brand has more than 8,500 functional design and
utility patents for solution-oriented kitchen and home products.
The company distributes its products into nearly 70 countries,
primarily through independent representatives around the world.
Tupperware Brands sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 24-12166) on Sept. 17,
2024. In the bankruptcy petition, Tupperware reported more than
$1.2 billion in total debts and $679.5 million in total assets.
Judge Brendan Linehan Shannon oversees the case.
Kirkland & Ellis LLP is serving as legal advisor to Tupperware,
Moelis & Company LLC is serving as the Company's investment banker,
and Alvarez & Marsal is serving as the Company's financial and
restructuring advisor. Epiq is the claims agent and has put up the
page https://dm.epiq11.com/Tupperware
UNIVERSAL BIOCARBON: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of Universal Biocarbon, Inc., according to court dockets.
About Universal Biocarbon Inc.
Universal Biocarbon Inc. transforms vegetative biomass such as yard
waste and tree trimmings, into high-quality carbon products like
compost, mulch, biochar, and activated carbon. Through a
partnership with the Sunshine State Biomass Cooperative, UBC
creates a cycle of beneficial reuse, sharing profits with the
suppliers of biomass feedstock. The company is based in Canal
Point, Fla.
Universal Biocarbon filed Chapter 11 petition (Bankr. S.D. Fla.
Case No. 25-10987-EPK) on January 30, 2025, listing up to $1million
in assets and up to $10 million in liabilities. David Disbrow,
chairman and founder of Universal Biocarbon, signed the petition.
Judge Erik P. Kimball oversees the case.
Craig I. Kelley, Esq., at Kelley Kaplan & Eller, PLLC, represents
the Debtor as legal counsel.
VALLEY PARK: Gets Final OK to Use Cash Collateral
-------------------------------------------------
Valley Park Elevator, Inc. received final approval from the U.S.
Bankruptcy Court for the Southern District of Mississippi to use
the cash collateral of United Bank and the U.S. Small Business
Administration.
The final order granted both lenders a replacement security
interest in certain property acquired by the company after its
Chapter 11 filing as protection for the use of their cash
collateral.
As additional protection, Valley Park Elevator was ordered to keep
United Bank's non-cash collateral insured.
The bankruptcy court ordered the transfer of the company's funds
currently held in accounts with United Bank to segregated
debtor-in-possession accounts. From the segregated DIP accounts,
the company must remit to the bank monthly payments of $12,358.37,
starting this month until further court order.
Meanwhile, Valley Park Elevator was ordered to make payments of
$2,513.00 per month to SBA, starting this month.
About Valley Park Elevator Inc.
Valley Park Elevator, Inc., a company in Valley Park, Miss., filed
Chapter 11 petition (Bankr. S.D. Miss. Case No. 25-00228) on
January 29, 2025, listing between $10 million and $50 million in
assets and between $1 million and $10 million in liabilities. David
Johnson, president of Valley Park Elevator, signed the petition.
Judge Jamie A. Wilson oversees the case.
Thomas C. Rollins, Jr., Esq., at The Rollins Law Firm, PLLC,
represents the Debtor as bankruptcy counsel.
United Bank, as lender, is represented by:
Jeffrey R. Barber, Esq.
Jones Walker, LLP
3100 North State Street, Suite 300 (39216)
Post Office Box 427
Jackson, MS 39205-0427
Telephone (601) 949-4765
Telecopy (601) 949-4804
Email: jbarber@joneswalker.com
VALVOLINE INC: Moody's Rates New $650MM First Lien Term Loan 'Ba1'
------------------------------------------------------------------
Moody's Ratings assigned a Ba1 rating to Valvoline Inc.'s new $650
million senior secured first lien term loan due 2032. The company's
Ba2 corporate family rating, Ba2-PD probability of default rating
and Ba3 senior unsecured notes rating remain unchanged. Valvoline's
speculative grade liquidity rating (SGL) also remains SGL-2. The
outlook remains negative.
Proceeds from the proposed new term loan will be used to fund
Valvoline's $625 million acquisition of Breeze Autocare, a large
operator of about 200 quick lube stores, plus transaction fees and
expenses.
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee.
RATINGS RATIONALE
Valvoline's Ba2 CFR is supported by its leading position in the
"do-it-for-me" (DIFM) instant oil change market, a proven business
model that generates elevated revenue growth, high margins and good
operating cash flow. The rating is also supported by solid industry
fundamentals including increasing vehicle miles traveled, an aging
car parc and growing vehicle registrations.
However, the debt-funded acquisition of Breeze Autocare will result
in debt/EBITDA remaining elevated at about 4.4x through the end of
fiscal 2025 pro forma for the acquisition and 3.7x through the end
of fiscal 2026. Positively, Moody's expects EBITA/interest to be in
the high 3x range during this timeframe. By the end of fiscal 2027,
Moody's expects leverage to fall to 3.0x while coverage to be in
the 4x-5x range. The overall deleveraging will be driven by a
combination of growth in the business yielding earnings and free
cash flow improvements, but also by acquisition debt paydown funded
primarily by a pause in share repurchase activity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
An upgrade is unlikely over the near term because of the company's
size and its aggressive debt-funded growth plan. However, ratings
could be upgraded if the company is able to increase systemwide
revenue to over $4 billion, keep adjusted debt/EBITDA below 2.5x,
sustain EBITA/interest above 4.0x, generate at least $250 million
of free cash flow on a consistent basis and maintain very good
liquidity.
Ratings could be downgraded should the integration of Breeze
Autocare or the integration of other large acquisitions not be
successful, should adjusted debt/EBITDA be sustained above 3.5x, if
EBITA/interest falls below 3.0x or if liquidity deteriorates.
Headquartered in Lexington, Kentucky, Valvoline Inc., is a leading
instant oil change company in the US and Canada. It operates
through Valvoline Instant Oil Change (VIOC) and Great Canadian Oil
Change retail locations. The company has 2,045 franchised and
company-owned stores and generated $1.7 billion in revenue for the
LTM period ending December 31, 2024. Valvoline's systemwide
revenue, which includes the revenue earned by franchised stores,
was about $3.2 billion for the LTM period ending December 31,
2024.
The principal methodology used in this rating was Retail and
Apparel published in November 2023.
VILLAGE RV: Seeks Chapter 11 Bankruptcy in Florida
--------------------------------------------------
On March 4, 2025, Village RV Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Middle District of Florida.
According to court filing, the Debtor reports $3,076,024 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Village RV Inc.
Village RV Inc. is an RV dealership located in Florida, offering a
variety of recreational vehicles from different brands. The Debtor
owns the property at 11585 South US Hwy 441, Belleview, FL 34420,
in Marion County, which is currently valued at $1.9 million.
Village RV Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-00640) on March 4,
2025. In its petition, the Debtor reports total assets of
$1,919,311 and total liabilities of $3,076,024
Honorable Bankruptcy Judge Jacob A. Brown handles the case.
The Debtor is represented by:
Richard A. Perry, Esq.
RICHARD A. PERRY P.A.
820 East Fort King Street
Ocala, FL 34471-2320
Tel: 352-732-2299
E-mail: richard@rapocala.com
VISION2SYSTEMS LLC: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------------
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of
Vision2Systems, LLC.
The committee members are:
1. Christ Presbyterian Church
c/o Timothy Bettenga and Mark Paetznick
6901 Normandale Road
Edina, MN 55435-1599
(952) 920-8515
Courtneym@cpcedina.org
2. Christ's Church of Oronogo
c/o Alan R. Stanley
22145 Kafir Road
Oronogo, MO 64855-9141
(417) 673-3945
Alan.Stanley@cco.church
3. Mitchell Road Presbyterian Church
c/o Ted Dankovich
207 Mitchell Road
Greenville, SC 29615
(864) 268-2218
Tdankovich@mitchellroad.org
4. Mobberly Baptist Church
c/o Andrew Hill
625 East Loop 281
Longview, TX 75605-5004
(903) 663-3100
Andyh@mobberly.org
5. One Church Home
c/o Shane Ecklund
1091 Highway 96 N.
Fairview, TN 37062
(615) 266-6122
shane@onechurchhome.com
6. Saddleback Valley Community Church
c/o Karyn Johnson
1 Saddleback Pkwy
Lake Forest, CA 92630-8700
(949) 609-8047
Karynj@saddleback.com
7. The Crossing Church
c/o Sandee Torres
10130 Tuscany Ridge Drive
Tampa, FL 33619
(813) 626-0783
Storres@crossingonline.org
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 Vision2systems LLC
Founded in 2012, Vision2Systems LLC is a software company based in
Dallas, Texas, which provides online giving and membership
management platforms tailored for churches. The platform offers
solutions for accounting, donations, event planning, and overall
church management.
Vision2Systems sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-40583) on February
19, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and
liabilities.
The Debtor is represented by Jason P. Kathman, Esq., at Spencer
Fane, LLP.
VUZIX CORP: COO Peter Jameson Steps Down for Health Reasons
-----------------------------------------------------------
Peter Jameson, the chief operating officer of Vuzix Corporation,
notified the Company of his immediate resignation due to health
issues, as disclosed in a Form 8-K filed with the Securities and
Exchange Commission on March 11, 2025. Since Jan. 10, 2022, Mr.
Jameson has held this position at the Company, and the Board of
Directors extends its appreciation for his leadership and valuable
contributions during his tenure.
Following discussions with Mr. Jameson, the Company has adjusted
and broadened the responsibilities of certain senior staff members.
Vuzix remains dedicated to facilitating a seamless transition
throughout this process.
The Board of Directors and the Company extend their heartfelt
wishes to Mr. Jameson for a speedy recovery and continued good
health.
About Vuzix
Vuzix Corporation -- www.vuzix.com -- incorporated in Delaware in
1997, is a designer, manufacturer, and marketer of Smart Glasses
and Augmented Reality (AR) technologies and products for the
enterprise, medical, defense, and consumer markets. The Company's
HUDs) smart personal display and wearable computing devices that
offer users a portable high-quality viewing experience, providing
solutions for mobility, wearable displays, and augmented reality,
as well as OEM waveguide optical components and display engines.
The Company's wearable display devices are worn like eyeglasses or
attach to a head-worn mount.
Buffalo, New York-based Freed Maxick CPAs, P.C., the Company's
auditor since 2014, issued a "going concern" qualification in its
report dated April 15, 2024, citing that the Company has suffered
recurring losses from operations and has future cash requirements
to fund operating losses. This raises substantial doubt about the
Company's ability to continue as a going concern.
The Company reported a net loss of $50,149,077 for the year ended
Dec. 31, 2023, a net loss of $40,763,573 for the year ended Dec.
31, 2022, and a net loss of $40,377,160 for the year ended Dec. 31,
2021. The Company has an accumulated deficit of $293,984,793 as of
Dec. 31, 2023.
"We may not achieve or maintain profitability in the future. We
will need to increase sales in order to achieve and maintain
profitability. In addition, we expect that our expenses relating
to product development and research, sales and marketing, as well
as our general and administrative costs, may increase as our
business grows. If we do not achieve and maintain profitability,
our financial condition will ultimately be materially and adversely
affected and we would eventually be required to raise additional
capital. We may not be able to raise any necessary capital on
commercially reasonable terms or at all. If we fail to achieve or
maintain profitability on a quarterly or annual basis within the
timeframe expected by investors, the market price of our common
stock may decline," the Company stated in its 2023 Annual Report.
"Our cash requirements related to funding operating losses depend
upon numerous factors, including new product development
activities, our ability to commercialize our products, our
products' timely market acceptance, selling prices and gross
margins, and other factors. Historically, the Company has met its
cash needs primarily through the sale of equity securities. The
Company will need to grow its business significantly to become
profitable and self-sustaining on a cash flow basis or it will be
required to cut its operating costs significantly or raise new
equity and/or debt capital," the Company mentioned in its Quarterly
Report for the period ended Sept. 30, 2024.
WALGREENS BOOTS: Moody's Puts 'Ba3' CFR on Review for Downgrade
---------------------------------------------------------------
Moody's Ratings has placed the ratings for Walgreens Boots
Alliance, Inc. ("WBA") and its subsidiary Walgreen Co. (together
combined referred to as "Walgreens") on review for downgrade.
Ratings for downgrade include the company's Ba3 corporate family
rating, its Ba3-PD probability of default rating, its B1 senior
unsecured notes ratings and Walgreen Co.'s B1 senior unsecured
notes rating. Previously, the outlook for both issuers was
negative. The speculative grade liquidity rating ("SGL") remains
unchanged at SGL-2 and the backed commercial paper program rating
remains unchanged at Not Prime. This action follows Walgreens' plan
to be acquired by private equity firm Sycamore Partners
("Sycamore") in a go-private transaction.
On March 6, 2025, Walgreens announced that it had entered into an
agreement to be acquired by Sycamore Partners for up to $23.7
billion [1]. Sycamore plans to pay $11.45 per share in cash for
Walgreens. Walgreens shareholders will also receive rights to
receive up to an additional $3.00 per share from the sale of the
company's VillageMD assets, which include Village Medical, Summit
Health and CityMD businesses. The deal also features a 35-day
"go-shop" period, during which Walgreens can solicit and evaluate
other offers. The transaction will be financed with a combination
of debt and equity. Management expects the closing of the
transaction to occur in the 4th quarter of 2025 and is subject to
regulatory approvals.
The review for downgrade reflects governance considerations related
to the company's change from public ownership to private equity
ownership and the potential for more aggressive financial
strategies. It also reflects that the acquisition by Sycamore will
likely result in leverage remaining higher than Moody's originally
expected and comes at a time when Walgreens' credit metrics were
already weak. For the twelve months ended November 30, 2024,
Moody's adjusted debt/EBITDA was 5.5x and EBITA/interest was 1.5x.
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
The review for downgrade will focus on Walgreens final capital
structure, liquidity profile and financial strategies under its new
ownership. The review for downgrade will also focus on Walgreens'
strategic and operating plans. These include but are not limited to
its strategies to stabilize and restore earnings growth, and the
prospect for asset sales.
Given the review for downgrade, an upgrade is unlikely at the
current time. However, excluding the ratings review, ratings could
be upgraded if Walgreens' strategic review results in material
improvement in profitability that leads to a sustained improvement
in credit metrics and consistently positive free cash flow. An
upgrade would also require the company to maintain good liquidity,
to address its upcoming maturities in a timely manner, and to
demonstrate financial policies that support debt/EBITDA (including
the present value of the opioid liability) sustained below 4.75x
and EBITA to interest sustained above 2.25x.
Ratings could be downgraded if Walgreens' strategic review does not
result in steady operational improvement that leads to stronger
credit metrics and sustained positive free cash flow. Ratings could
also be downgraded should liquidity weaken, should financial
policies become more aggressive or should the company fail to
address its upcoming debt maturities in a timely manner.
Quantitatively ratings could be downgraded if debt/EBITDA
(including the present value of the opioid liability) is sustained
above 5.5x or EBITA/interest is sustained below 1.75x.
Walgreens Boots Alliance, Inc. is a global retail pharmacy
operator. Walgreens together with the companies in which it has
equity method investments has a presence in more than 8 countries,
and has more than 12,500 locations. The company generated about
$150 billion in annual revenue and $6.4 billion of EBITDA for the
LTM ended November 30th, 2024.
A comprehensive review of all credit ratings for the respective
transactions has been conducted during a rating committee.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
WAYFAIR LLC: Moody's Rates New $700MM Senior Secured Notes 'B1'
---------------------------------------------------------------
Moody's Ratings assigned a B1 rating to Wayfair LLC's proposed $700
million backed senior secured notes due 2030. All ratings of
Wayfair Inc. ("Wayfair"), including its B3 corporate family rating,
B3-PD probability of default rating and Wayfair LLC's B1 backed
senior secured notes rating remain unchanged. Wayfair's speculative
grade liquidity rating ("SGL") remains unchanged at SGL-1. The
outlook for both issuers remains stable.
Net proceeds from the proposed notes will be used to fund balance
sheet cash to prefund all or a portion of its convertible notes due
in October 2025 and August 2026. The company also plans to
refinance its senior secured revolver due March 2026 (unrated) and
extend its maturity to March 2030.
The B1 rating assigned to the proposed $700 million senior secured
notes at Wayfair LLC reflects that the notes will be pari passu to
its proposed $500 million secured revolving credit facility due
March 2030, its existing $800 million senior secured notes due
October 2029 and will be senior to the over $2.3 billion of senior
unsecured convertible notes due on or after 2025.
RATINGS RATIONALE
Wayfair's B3 CFR reflects its high debt level of over $3 billion
relative to its weak operating margins and modest lease adjusted
EBITDA as the company continues to maintain stable top line trends
in a challenging consumer environment. Significant improvement in
revenue and earnings is needed for leverage to reach sustainable
levels as Wayfair's lease adjusted EBITDA was just $159 million (as
per Moody's definitions which does not addback stock compensation
expense) and debt/EBITDA was 26.5x for the fiscal year ended
December 31, 2024. Wayfair continues to improve its cost structure
as evidenced by its exit of the German market and further headcount
reductions to right size its technology workforce as consumer
demand for its home goods and furnishings remains pressured.
Nonetheless, assuming the consumer market for home goods begins to
stabilize, Moody's expects Wayfair to return to modest revenue
growth in 2025 and that leverage will improve to approximately 12x
in 2025. Assuming a more significant improvement in consumer
spending on the home, credit metrics could improve to sustainable
levels at the end of 2026.
Wayfair's very good liquidity (SGL-1) and positive free cash flow,
is a key support to the B3 CFR. Wayfair continues to maintain a
high cash balance of $1.3 billion as of December 2024 and generated
$83 million of free cash flow (cash from operations less capex) for
fiscal 2024. Moody's forecasts positive free cash flow in 2025 with
full availability under its new proposed revolver, net of letters
of credit. These sources combined with the net proceeds from its
proposed $700 million senior secured notes are projected to be more
than sufficient to fund cash needs over the next 12-18 months
including the repayment of its $971 million of convertible notes
maturing in 2025 and 2026, capital expenditures, interest expense
and taxes. The proposed notes offering will enhance the company's
liquidity to address its upcoming convertible maturities.
Positive ratings consideration was given to Wayfair's significant
scale with almost $12 billion of revenue in the fragmented home
products category. Wayfair's e-commerce platform reaches over 21
million active customers and connects over 20 thousand suppliers
through its technology and logistics infrastructure. Its business
model has limited inventory risk as Wayfair primarily takes
ownership of product after purchase. Most of its products sold are
shipped to customers directly from suppliers with Wayfair
increasing the number of shipments through its own logistical
network.
The stable outlook reflects Moody's views that sales and operating
performance will improve as the consumer environment for home goods
stabilizes and the company executes on its initiatives to expand
operating margins. Moody's expects strong positive free cash flow
and debt reduction to drive improved credit metrics over time as
its convertible debt maturities are repaid while maintaining very
good liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Ratings could be upgraded if Wayfair generates consistent revenue
and operating earnings growth while maintaining at least good
liquidity, which includes positive free cash flow. An upgrade would
also require the maintenance of a conservative financial policy
which prioritizes debt reduction, addresses its debt maturities in
a timely manner while extending the duration of its maturity
profile. Quantitatively ratings could be upgraded if adjusted
debt/EBITDA (per Moody's definitions) was sustained below 5.5x and
(EBITDA-Capex)/Interest expense (per Moody's definitions) of over
1.5x.
Ratings could be downgraded if sales and profitability growth are
insufficient to generate positive free cash flow and deleveraging
which results in a sustainable capital structure. The ratings could
also be downgraded if liquidity deteriorates or financial strategy
became more aggressive including upcoming debt maturities not being
prefunded with internal cash sources or refinanced well in
advance.
The principal methodology used in this rating was Retail and
Apparel published in November 2023.
Wayfair Inc. is one of the world's largest destinations for the
home, through a family of sites including Wayfair, Joss & Main,
AllModern, Birch Lane, Perigold, and Wayfair Professional. The
company had $11.8 billion of sales as of December 31, 2024. Wayfair
is publicly traded on the NYSE under the symbol, "W".
WHITE FOREST: Committee Labels Chapter 11 Loans as Insider Deal
---------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that the
official committee of unsecured creditors in White Forest Resources
Inc.'s Chapter 11 case has opposed the proposed bankruptcy
financing package, arguing that it constitutes an insider
transaction. The committee contends that the deal places liens on
previously unencumbered assets, making them unavailable for
recovery by unsecured creditors.
About White Forest Resources, Inc.
White Forest Resources Inc. and affiliates are privately-held
producers of premium metallurgical and thermal coal in the Central
Appalachian coal basin. The Debtors operate two mining operations
in West Virginia. The main buyers of the Debtors' premium
metallurgical coal, which is used in a process to produce coke for
steel manufacturing, include steel manufacturers, commodity
brokers, and industrial clients. Electric utilities and industrial
companies are the principal customers for the Debtors' thermal
coal.
White Forest Resources Inc. and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case
No. 25-10195) on February 7, 2025. In its petition, the Debtor
reports estimated assets up to $50,000 and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Alan M. Root, Esq., William E.
Chipman, Jr., Esq., and Alison R. Maser, Esq., at Chipman Brown
Cicero & Cole LLP in Wilmington, Delaware. The Debtors' CRO
Provider is RK Consultants LLC. The Debtors' special counsel is
Jones & Associates. The Debtors' noticing and claims agent is
Stretto.
YOUNG TRANSPORTATION: Unsecureds to Get Nothing in Plan
-------------------------------------------------------
Young Transportation Inc. filed with the U.S. Bankruptcy Court for
the Northern District of Mississippi a Plan of Reorganization under
Subchapter V dated February 24, 2025.
Young Transportation Inc. began in 2018 when founder Danny Young
recognized the growing demand for transportation services in
Mississippi.
Young Transportation Inc. primarily specializes in long-haul
trucking of furniture, medical supplies and other dry goods,
offering transportation solutions for general freight on back
hauls. Young Transportation Inc. facilitates trade and commerce,
stimulates business activity, and creates employment-opportunities
in the community and surrounding areas.
Prior to filing, the Debtor had obtained operating funds from
various creditors who charged tremendously high interest rates and
hidden fees and began sweeping the Debtors bank account daily
leaving them nothing to operate on. The Debtor is investigating
possible Chapter 5 Causes of Action and is exploring its legal
remedies against these Lenders.
The Debtor's Plan will provide for a specific treatment for each
secured creditor, depending on their collateral. Executory
Contracts and leases will each be addressed separately with the
Debtor either rejecting them or assuming them and providing for a
cure of any default.
The priority tax claim will be paid in full under the Plan as
provided by law. There will not be any disposable income to pay
General Unsecured Creditors or the creditors that claim they
purchased future receivables.
Class 9 consists of General Unsecured Claims. The General Unsecured
Claims would be paid from the Debtor's projected disposable income.
In this case there is no projected disposable income so General
Unsecured Creditors will not receive any payments under the Plan.
General Unsecured Creditors shall be deemed impaired under this
Plan.
Class 10 consists of Equity Security Holder. The Equity Security
Holder Danny Young owns 100% interest in the company.
On Confirmation of the Plan, all property of the Debtor, tangible
and intangible, including, without limitation, licenses, furniture,
fixtures and equipment, will revert, free and clear of all Claims
and Equitable Interest except as provided in the Plan, to the
Debtor. The Debtor expects to have sufficient cash on hand to make
the payments required on the Effective Date.
The Debtor shall submit all or such portions of the future earnings
or other future income of the Debtor.
A full-text copy of the Plan of Reorganization dated February 24,
2025 is available at https://urlcurt.com/u?l=UsC33M from
PacerMonitor.com at no charge.
Counsel to the Debtor:
J. Walter Newman IV, Esq.
Newman & Newman
587 Highland Colony Parkway
Ridgeland, MS 39157
Tel: (601) 948-0586
Email: wnewman95@msn.com
About Young Transportation
Young Transportation Inc. operates in the general freight trucking
industry.
Young Transportation filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. N.D. Miss. Case No. 24-13174) on
Oct. 11, 2024, with $500,000 to $1 million in assets and $1 million
to $10 million in liabilities. Daniel L. Young, president, signed
the petition.
Judge Jason D. Woodard handles the case.
The Debtor is represented by J. Walter Newman, IV, Esq., at Newman
& Newman.
YOUTHFUL SOLUTIONS: Case Summary & 14 Unsecured Creditors
---------------------------------------------------------
Debtor: Youthful Solutions, LLC
Youthful Solutions
Ideal Weight & Skin, LLC
Youthful Solutions Medispa
Youthful Solutions Medispa and Wellness
Ideal Weight & Ski
3009 Glacier Pass Lane
Cedar Park, TX 78613
Business Description: Youthful Solutions, operating as Youthful
Solutions MediSpa, is a high-quality medical
aesthetics and wellness practice located in
Cedar Park, Texas, offering a wide range of
services including medical facials, anti-
wrinkle treatments (like Botox and Dysport),
skin rejuvenation treatments, body
contouring, and wellness services such as
weight loss and hormone balancing. The
Company's mission is to help both men and
women improve their appearance and overall
well-being.
Chapter 11 Petition Date: March 10, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-10319
Judge: Hon. Shad Robinson
Debtor's Counsel: Frank B Lyon, Esq.
FRANK B LYON
PO Box 50210
Austin TX 78763-0210
Tel: (512) 345-8964
E-mail: frank@franklyon.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Wesley Gene Markum as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's 14 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/QHQXMFI/Youthful_Solutions_LLC__txwbke-25-10319__0001.0.pdf?mcid=tGE4TAMA
ZACHRY HOLDINGS: Contests Nebraska Utility's Administrative Claim
-----------------------------------------------------------------
MJ Koo of Law360 reports that Zachry Holdings, a bankrupt natural
gas contractor, has opposed a $38 million administrative claim by a
Nebraska public electric utility over construction delays at new
generating stations, arguing that the claim is premature and the
requested fees exceed the alleged damages.
About Zachry Holdings
Zachry Holdings, Inc., is the engineering, construction,
maintenance, turnaround and fabrication services offshoot of the
storied family-owned business that began as H.B. Zachry Company one
hundred years ago. The other offshoot, Zachry Construction, has
operated separately from Zachry Industrial since the two businesses
branched off from their common roots in 2008. The Zachry Group
provides engineering and construction services to clients in the
energy, chemicals, power, manufacturing, and industrial sectors
across North America.
None of the entities affiliated with Zachry Construction are
Debtors in the chapter 11 cases.
Zachry Holdings and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case
No. 24-90377) on May 21, 2024, with $1 billion to $10 billion in
assets and liabilities.
James R. Old, general counsel, signed the petitions.
Judge Marvin Isgur presides over the case.
The Debtors tapped White & Case LLP as general bankruptcy counsel;
Susman Godfrey L.L.P. and Hicks Thomas, LLP as special litigation
counsel; and Kurtzman Carson Consultants as notice & claims agent.
[] Douglas Mintz Joins Cadwalader's Restructuring Practice
----------------------------------------------------------
Cadwalader has strengthened its Financial Restructuring team with
the addition of Douglas Mintz.
Mr. Mintz's practice focuses on the representation of creditors in
financial restructurings and special situations, including bank
agents, private credit funds, ad hoc committees of creditors,
equity sponsors and distressed investors. A frequent lecturer,
author and media presence, he has been consistently recognized as a
leading restructuring lawyer by The Legal 500 U.S., Lawdragon and
Chambers USA, which has listed him every year since 2012. Mr. Mintz
joins Cadwalader from another leading law firm where he was
co-chair of its business reorganization practice group and co-head
of the firm's special situations cross-practice team.
This represents a return for Mr. Mintz, who started his career at
Cadwalader more than 25 years ago -- before rising to serve as
special counsel and work on such cases as the bankruptcies of GM,
Chrysler, Lyondell and Northwest Airlines.
"We're excited to welcome Doug back to Cadwalader," said Managing
Partner Pat Quinn. "As our firm continues to address the strategic
objectives of private capital creditors, including in particular
liability management transactions, Doug's experience will
strengthen our capacity to match the growing demand."
"Doug has significant experience in navigating the out-of-court and
in-court solutions necessary to bring the full complement of
expertise across practice disciplines required to address the
complex structures dominating the market," said Financial
Restructuring Group Chair and London Co-Managing Partner Greg
Petrick. "Doug has the commitment to legal excellence, innovation
and client service that are hallmarks of Cadwalader in his DNA. The
firm is very happy to welcome Doug's return as an integral part of
our team."
"I'm thrilled to be coming back ‘home'," said Doug. "The firm has
meant so much to me during my career, and I'm excited to be working
once again with my long-time Cadwalader colleagues. The market has
really shifted to prioritize cross-practice restructuring efforts
both in- and out-of-court. Cadwalader has the multidisciplinary
approach and depth across restructuring, finance, corporate,
litigation and tax that our clients need every day. This will
enable me to build on what I enjoy doing the best -- bringing
together an integrated team to help clients with any type of
distressed situation."
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re The Complex at Port Chester LLC
Bankr. S.D.N.Y. Case No. 25-22181
Chapter 11 Petition filed March 5, 2025
See
https://www.pacermonitor.com/view/URZPVUY/The_Complex_at_Port_Chester_LLC__nysbke-25-22181__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Mike Jackson, Inc.
Bankr. N.D. Fla. Case No. 25-50043
Chapter 11 Petition filed March 5, 2025
See
https://www.pacermonitor.com/view/QIG2BQQ/Mike_Jackson_Inc__flnbke-25-50043__0001.0.pdf?mcid=tGE4TAMA
represented by: Jodi Daniel Dubose, Esq.
STICHTER, RIEDEL, BLAIN & POSTLER, P.A.
E-mail: jdubose@srbp.com
In re Jack Robert Thacker, Jr.
Bankr. E.D. Tenn. Case No. 25-50237
Chapter 11 Petition filed March 6, 2025
represented by: Maurice Guinn, Esq.
GENTRY TIPTON & MCLEMORE, P.C.
Email: mkg@tennlaw.com
In re Samuel Pfeiffer
Bankr. E.D.N.Y. Case No. 25-41111
Chapter 11 Petition filed March 6, 2025
represented by: J. Donovan, Esq.
In re Jason Christopher Hagan
Bankr. D. Md. Case No. 25-11850
Chapter 11 Petition filed March 5, 2025
represented by: Amanda Kaniowski, Esq.
In re Mark Walters, Sr.
Bankr. D. Md. Case No. 25-11910
Chapter 11 Petition filed March 6, 2025
represented by: David Cahn, Esq.
In re Katrina Alisha Smith
Bankr. S.D. Tex. Case No. 25-31290
Chapter 11 Petition filed March 5, 2025
In re Infinity Gear LLC
Bankr. D. Colo. Case No. 25-11134
Chapter 11 Petition filed March 6, 2025
See
https://www.pacermonitor.com/view/3CQAPKI/Infinity_Gear_LLC__cobke-25-11134__0001.0.pdf?mcid=tGE4TAMA
represented by: Aaron A. Garber, Esq.
WADSWORTH GARBER WARNER CONRARDY, P.C.
E-mail: agarber@wgwc-law.com
In re Felix Mechanical Systems LLC
Bankr. D. Nev. Case No. 25-50192
Chapter 11 Petition filed March 6, 2025
See
https://www.pacermonitor.com/view/EAM3BSQ/FELIX_MECHANICAL_SYSTEMS_LLC__nvbke-25-50192__0001.0.pdf?mcid=tGE4TAMA
represented by: Kevin A Darby, Esq.
DARBY LAW PRACTICE
E-mail: kevin@darbylawpractice.com
In re Revolution Auto Brokers, L.L.C.
Bankr. E.D. La. Case No. 25-10403
Chapter 11 Petition filed March 6, 2025
See
https://www.pacermonitor.com/view/YUZWVDY/Revolution_Auto_Brokers_LLC__laebke-25-10403__0001.0.pdf?mcid=tGE4TAMA
represented by: Ryan J. Richmond, Esq.
STERNBERG, NACCARI & WHITE, LLC
E-mail: ryan@snw.law
In re ShuBrew, LLC
Bankr. W.D. Pa. Case No. 25-20577
Chapter 11 Petition filed March 6, 2025
See
https://www.pacermonitor.com/view/4ZUFBKY/ShuBrew_LLC__pawbke-25-20577__0001.0.pdf?mcid=tGE4TAMA
represented by: Brian C. Thompson, Esq.
THOMPSON LAW GROUP, P.C.
E-mail: bthompson@thompsonattorney.com
In re Messiah Inc.
Bankr. E.D.N.Y. Case No. 25-41119
Chapter 11 Petition filed March 6, 2025
See
https://www.pacermonitor.com/view/NZSA6LA/Messiah_Inc__nyebke-25-41119__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re SRL Montauk LLC
Bankr. E.D.N.Y. Case No. 25-70888
Chapter 11 Petition filed March 6, 2025
See
https://www.pacermonitor.com/view/Q7DGV7I/SRL_Montauk_LLC__nyebke-25-70888__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Harp and Clover, LLC
Bankr. N.D. Ala. Case No. 25-40308
Chapter 11 Petition filed March 6, 2025
See
https://www.pacermonitor.com/view/DLEOGEA/Harp_and_Clover_LLC__alnbke-25-40308__0001.0.pdf?mcid=tGE4TAMA
represented by: Tameria S. Driskill, Esq.
TAMERIA S. DRISKILL, LLC
E-mail: driskill-law@outlook.com
In re Fly7 Installations LLC
Bankr. E.D. Va. Case No. 25-70482
Chapter 11 Petition filed March 8, 2025
See
https://www.pacermonitor.com/view/4EAHYXI/Fly7_Installations_LLC__vaebke-25-70482__0001.0.pdf?mcid=tGE4TAMA
represented by: Carolyn Bedi, Esq.
BEDI LEGAL, P.C.
E-mail: carolyn@bedilegal.com
In re Sonder Counseling LLC
Bankr. E.D. Mo. Case No. 25-40726
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/7W3DZ5I/Sonder_Counseling_LLC__moebke-25-40726__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert Eggmann, Esq.
CARMODY MACDONALD P.C.
E-mail: ree@carmodymacdonald.com
In re Nurse Yard, Inc.
Bankr. M.D. Fla. Case No. 25-01427
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/CGKIZPQ/Nurse_Yard_Inc__flmbke-25-01427__0001.0.pdf?mcid=tGE4TAMA
represented by: Chad Van Horn, Esq.
VAN HORN LAW GROUP, P.A.
E-mail: chad@cvhlawgroup.com
In re 2809 W. 8th St., LLC
Bankr. C.D. Calif. Case No. 25-11819
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/H5CMIXA/2809_W_8TH_ST_LLC__cacbke-25-11819__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Franco Hauling L.L.C.
Bankr. N.D. Ill. Case No. 25-03520
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/KZVJNGI/FRANCO_HAULING_LLC__ilnbke-25-03520__0001.0.pdf?mcid=tGE4TAMA
represented by: O. Allan Fridman, Esq.
LAW OFFICE OF ALLAN FRIDMAN
E-mail: allan@fridlg.com
In re Our Family Direct Primary Care, PLLC
Bankr. W.D. Ky. Case No. 25-30532
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/WNSN5TA/Our_Family_Direct_Primary_Care__kywbke-25-30532__0001.0.pdf?mcid=tGE4TAMA
represented by: Peter Gannott, Esq.
GANNOTT LAW GROUP, PLLC
E-mail: pgannott@gannottlaw.com
In re Global Values Barre VT QOZ, LLC
Bankr. M.D. Ga. Case No. 25-50379
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/EZ6NRZQ/Global_Values_Barre_VT_QOZ_LLC__gambke-25-50379__0001.0.pdf?mcid=tGE4TAMA
represented by: David L. Bury, Jr., Esq.
STONE & BAXTER, LLP
E-mail: dbury@stoneandbaxter.com
In re Mane Source Counseling, PLLC
Bankr. E.D.N.C. Case No. 25-00833
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/3Z24PFQ/Mane_Source_Counseling_PLLC__ncebke-25-00833__0001.0.pdf?mcid=tGE4TAMA
represented by: Kathleen O'Malley, Esq.
STEVENS MARTIN VAUGHN & TADYCH, PLLC
E-mail: komalley@smvt.com
In re Draksin Properties, Inc.
Bankr. N.D.N.Y. Case No. 25-30159
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/OGXWUOY/Draksin_Properties_Inc__nynbke-25-30159__0001.0.pdf?mcid=tGE4TAMA
represented by: Peter A. Orville, Esq.
ORVILLE & MCDONALD LAW, P.C.
In re A.R.M. Bagels Inc.
Bankr. S.D.N.Y. Case No. 25-22194
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/5WB4B6A/ARM_Bagels_Inc__nysbke-25-22194__0001.0.pdf?mcid=tGE4TAMA
represented by: Anne Penachio, Esq.
PENACHIO MALARA LLP
E-mail: anne@pmlawllp.com
In re Meadow Creek Farm of NY Realty, LLC
Bankr. S.D.N.Y. Case No. 25-35241
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/LGAHGVA/Meadow_Creek_Farm_of_NY_Realty__nysbke-25-35241__0001.0.pdf?mcid=tGE4TAMA
represented by: Michelle L. Trier, Esq.
GENOVA, MALIN & TRIER, LLP
E-mail: michelle@gmtllp.com
In re InvesTN, LLC
Bankr. W.D. Tenn. Case No. 25-21170
Chapter 11 Petition filed March 7, 2025
See
https://www.pacermonitor.com/view/EZHSD3Q/InvesTN_LLC__tnwbke-25-21170__0001.0.pdf?mcid=tGE4TAMA
represented by: S. Jonathan Garrett, Esq.
JONES & GARRETT LAW FIRM, An Association
of Attorneys
In re Level Up Staffing, LLC
Bankr. N.D. Ga. Case No. 25-52359
Chapter 11 Petition filed March 4, 2025
Filed Pro Se
In re QS Professionals Corp
Bankr. N.D. Ga. Case No. 25-52381
Chapter 11 Petition filed March 4, 2025
Filed Pro Se
In re Garden Property Restoration LLC
Bankr. N.D. Ga. Case No. 25-52369
Chapter 11 Petition filed March 4, 2025
Filed Pro Se
In re Templeguard Homes LLC
Bankr. N.D. Ga. Case No. 25-52253
Chapter 11 Petition filed March 3, 2025
Filed Pro Se
In re Kelmarid International LLC
Bankr. N.D. Ga. Case No. 25-52312
Chapter 11 Petition filed March 3, 2025
Filed Pro Se
In re Elite Partners Inc.
Bankr. N.D. Ga. Case No. 25-52310
Chapter 11 Petition filed March 3, 2025
Filed Pro Se
In re Handsome Home CO, LLC
Bankr. N.D. Ga. Case No. 25-52317
Chapter 11 Petition filed March 3, 2025
Filed Pro Se
In re Georgia Community Development Association, Inc.
Bankr. S.D. Ga. Case No. 25-50098
Chapter 11 Petition filed March 3, 2025
See
https://www.pacermonitor.com/view/PTL2PYQ/Georgia_Community_Development__gasbke-25-50098__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re TH Mack
Bankr. D. Colo. Case No. 25-10944
Chapter 11 Petition filed February 25, 2025
See
https://www.pacermonitor.com/view/PDXQZBY/TH_Mack__cobke-25-10944__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Waypoint Roofing & Construction Inc.
Bankr. M.D. Fla. Case No. 25-00874
Chapter 11 Petition filed February 14, 2025
See
https://www.pacermonitor.com/view/T62G64Q/Waypoint_Roofing__Construction__flmbke-25-00874__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael Faro, Esq.
FARO & CROWDER
E-mail: ahinkley@farolaw.com
In re Giovanni Martinez
Bankr. M.D. Fla. Case No. 25-01306
Chapter 11 Petition filed March 7, 2025
represented by: Jeffrey Ainsworth, Esq.
In re David James Truscott
Bankr. S.D. Ohio Case No. 25-30378
Chapter 11 Petition filed March 7, 2025
represented by: Denis Blasius, Esq.
In re Muti Enterprises, Inc.
Bankr. S.D. Fla. Case No. 25-12526
Chapter 11 Petition filed March 9, 2025
See
https://www.pacermonitor.com/view/KLYRA5Y/Muti_Enterprises_Inc__flsbke-25-12526__0001.0.pdf?mcid=tGE4TAMA
represented by: Brian K. McMahon, Esq.
BRIAN K. MCMAHON, PA
E-mail: briankmcmahon@gmail.com
In re Shabaz Yogurt Land Inc.
Bankr. S.D. Fla. Case No. 25-12523
Chapter 11 Petition filed March 9, 2025
See
https://www.pacermonitor.com/view/7GQHT3A/Shabaz_Yogurt_Land_Inc__flsbke-25-12523__0001.0.pdf?mcid=tGE4TAMA
represented by: Mark S. Roher, Esq.
LAW OFFICE OF MARK S. ROHER, P.A.
E-mail: mroher@markroherlaw.com
In re Floatus, Inc.
Bankr. D. Md. Case No. 25-12007
Chapter 11 Petition filed March 9, 2025
See
https://www.pacermonitor.com/view/4KQCC6A/Floatus_Inc__mdbke-25-12007__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael P. Coyle, Esq.
THE COYLE LAW GROUP
E-mail: mcoyle@thecoylelawgroup.com
In re Photo Video Plus LLC
Bankr. E.D.N.Y. Case No. 25-41149
Chapter 11 Petition filed March 10, 2025
See
https://www.pacermonitor.com/view/LXGSELA/Photo_Video_Plus_LLC__nyebke-25-41149__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Kast Iron Kitchen LLC
Bankr. E.D.N.Y. Case No. 25-41145
Chapter 11 Petition filed March 10, 2025
See
https://www.pacermonitor.com/view/LMHJC6Q/Kast_Iron_Kitchen_LLC__nyebke-25-41145__0001.0.pdf?mcid=tGE4TAMA
represented by: Jay Meyers, Esq.
J.MEYERS, PLLC
Email: jm@561legalstrategy.com
In re SaaliRealty
Bankr. D. Mass. Case No. 25-10472
Chapter 11 Petition filed March 11, 2025
See
https://www.pacermonitor.com/view/NHRCLIQ/SaaliRealty__mabke-25-10472__0001.0.pdf?mcid=tGE4TAMA
represented by: Joseph Butler, Esq.
JOSEPH BUTLER
E-mail: jgb@jgbutlerlaw.com
In re Galina Grigoryevna Goldberg
Bankr. E.D.N.Y. Case No. 25-41152
Chapter 11 Petition filed March 10, 2025
represented by: Alla Kachan, Esq.
In re Shannon L. Bryant
Bankr. M.D. Ala. Case No. 25-30558
Chapter 11 Petition filed March 10, 2025
In re Johnnie Jemel Mainer-Smith
Bankr. E.D.N.Y. Case No. 25-40339
Chapter 11 Petition filed March 10, 2025
represented by: Mark Gensburg, Esq.
In re Francis Xavier Haas
Bankr. S.D. Ala. Case No. 25-10653
Chapter 11 Petition filed March 10, 2025
represented by: Anthony Bush, Esq.
In re Patrick Michael Paul
Bankr. N.D. Ga. Case No. 25-52688
Chapter 11 Petition filed March 11, 2025
represented by: Cameron McCord, Esq.
*********
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
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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
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Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
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*** End of Transmission ***