/raid1/www/Hosts/bankrupt/TCR_Public/250408.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Tuesday, April 8, 2025, Vol. 29, No. 97
Headlines
10831 PHELAN: Seeks to Hire Robert Hunziker as Broker
141 WILLOUGHBY: Secured Party Sets May 7 Auction for Property
1700 EDGEWATER: Hires Hilco Real Estate as Real Estate Broker
22ND CENTURY: Posts $15.2M Loss in 2024; Has 'Going Concern' Doubt
2426 UNIVERSITY: Bronx Property Up for Auction
2835 OCTAVIA: Seeks to Hire Belvedere Legal as Counsel
3000 SMITH: Seeks to Hire Baker & Associates as Attorney
3265 E. VALLEY: Hires Cavanagh Law Firm P.A. as Counsel
3784 LLC: Unsecured Creditors to be Paid in Full over 12 Months
3M COMPANY: Firefighters Exposed to Toxic Chemicals, McCrum Says
527 EDILIDO: Seeks to Hire Beighley Myrick Udell as Counsel
61 SOUTH MORTON: Hires Long and Foster as Real Estate Agent
61 SOUTH MORTON: Taps Everett Cook P.C. as Bankruptcy Counsel
9300 WILSHIRE: Hires Englander Knabe as Special Counsel
AB INTERNATIONAL: CEO Receives 2-Bil. Shares as Bonus Compensation
ACCOUNTING LAB: Gets Interim OK to Use Cash Collateral Until May 6
ALGORHYTHM HOLDINGS: Meets Nasdaq's Bid Price Requirements Again
ALLSTATE REALTY: Unsecureds Will Get 2% of Claims over 60 Months
AMERICAN AXLE: Egan-Jones Keeps B- Senior Unsecured Ratings
AMERICAN CLINICAL: LRFC Marks $6.3 Million 1L Loan at 39% Off
ARCH PRODUCTION: Case Summary & 15 Unsecured Creditors
ASARCO LLC: Court Tosses Hammond City, et al. Environmental Suit
ASCEND PERFORMANCE: Moody's Rates New Sr. Secured Term Loan 'Caa1'
ATI PHYSICAL: Posts $54M Loss in 2024, Raises 'Going Concern' Doubt
AUGUSTUS INTELLIGENCE: Court Tosses Claims v. Kevin Washington
B-WOOD BASEBALL: Case Summary & Six Unsecured Creditors
B. RILEY FINANCIAL: Delays 10-K Due to Financial Statement Review
BAYSHORE SUITES: Seeks to Hire Forge CPA LLC as Financial Advisor
BEACON ACADEMY OF NEVADA: S&P Assigns 'BB' ICR, Outlook Stable
BEELINE HOLDING: Launches AI-Powered Sales Agent 'MagicBlocks'
BEELINE HOLDING: Nicholas Liuzza Holds 38.2% Equity Stake
BIOLARGO INC: Faces $4.35 Million Net Loss in 2024
BLOCKFI INC: Bankruptcy Court Decision on Claims Objection Affirmed
BLUEBIRD BIO: Gets Unsolicited $4.50 per Share Acquisition Bid
BLUEBIRD BIO: Reports Expanded Net Loss of $241 Million in 2024
BNG GROUP: Seeks Cash Collateral Access
BOTW HOLDINGS: Seeks to Hire SL Biggs as Expert Witness
BOY SCOUTS: Court Affirms Stay of National Sturety Lawsuit
BOY SCOUTS: Holders of Direct Abuse Claims Can't Change Elections
BRAVO MULTINATIONAL: Delays Submission of 2024 Annual Report
BRIGHTMARK PLASTICS: Hires Potter Anderson & Corroon as Counsel
BRIGHTMARK PLASTICS: Hires Verdolino as Restructuring Advisor
BRIGHTMARK PLASTICS: Seeks to Hire Omni as Administrative Agent
BRIGHTMARK PLASTICS: Seeks to Hire Ordinary Course Professionals
BRIGHTMARK PLASTICS: Seeks to Tap SSG Advisors as Investment Banker
BROOKSTONE HOLDINGS: SDVF Can't Enforce Default Judgment v. Cozzia
BROWN & BROWN: Seeks to Tap Langley & Banack as Bankruptcy Counsel
BUMBLE INC: Fitch Alters Outlook on 'BB-' Long-Term IDR to Negative
BUTLER TRUCKING: Unsecureds to Get 7.8 Cents on Dollar in Plan
C & C LAS VEGAS: Seeks to Hire Michael J. Harker as Attorney
CAMPBELL FAMILY: Hires Gainspoletti & Associates as Accountant
CANOO INC: Accused of Concealing Assets in Bankruptcy Proceedings
CAPO 35191: Voluntary Chapter 11 Case Summary
CAROLINA PROUD: Seeks to Hire C. Scott Kirk as Bankruptcy Counsel
CATHOLIC FAITH: Seeks to Tap Evans & Mullinix as Bankruptcy Counsel
CELEBRATION POINTE: Gets OK to Tap Globic Advisors as Claims Agent
CELSIUS NETWORK: Creditor's Appeal of Plan Confirmation Order Nixed
CEMTREX INC: S.H.N. Financial Reports 0.01% Stake as of Dec. 31
CHABAD OF GRAMERCY: Seeks to Hire Alla Kachan P.C. as Attorney
CHABAD OF GRAMERCY: Seeks to Tap Estelle Miller as Accountant
CHARLES V. LONG: Motion to Strike in Texas Raw Oil Suit Denied
CIBUS INC: Posts $282.7M Loss in 2024, Raises 'Going Concern' Doubt
CLINICAL NETWORK: Seeks to Hire Haberbush LLP as Counsel
CLST ENTERPRISES: Court Approves Auction Sale of Real Property
COMMERCIAL FURNITURE: Gets Interim OK to Use Cash Collateral
COOLSYS HOLDING: Moody's Assigns 'Caa1' CFR, Outlook Negative
CURIA GLOBAL: S&P Withdraws 'CCC+' ICR Following Debt Repayment
CWB REALTY: Hires Law Office of Hilmy Ismail as Counsel
D&B RENTALS: Case Summary & Nine Unsecured Creditors
D&D TRANS: Unsecured Creditors to Get 10 Cents on Dollar in Plan
DANIEL RISIS: Court Stays Civil Actions Due to Bankruptcy
DANIEL RISIS: PB Financing Wins Bid for Stay Relief
DANIMER SCIENTIFIC: Gets OK to Hire Stretto Inc as Claims Agent
DCS NAPLES: Claims to be Paid From Asset Sale Proceeds
DEALER SALES: Unsecureds to Split $43,900 over 5 Years
DIAMOND SURFACES: Hires Ford & Semach P.A. as Counsel
DILLONS POWER: Gets Final OK to Use Cash Collateral Until May 31
DIMENSIONS IN SENIOR: Court Tosses Insurer's Interpleader Claim
DIOCESE OF SAN FRANCISCO: Disclosure of Minutes, Claims Data Okayed
DIOCESE OF SYRACUSE: Abuse Survivors Approve Bankruptcy Exit Plan
DIOCESE OF SYRACUSE: Committee Taps Tom Baker as Expert Witness
DISH DBS: S&P Upgrades ICR to 'CCC+', Outlook Negative
DISPATCH ACQUISITION: S&P Affirms 'B-' ICR, Outlook Stable
DITECH HOLDING: Disallowance of Hutchinson's Claims Affirmed
DON ENTERPRISES: Gets Final OK to Use Cash Collateral
ECTUL HOLDINGS: Seeks to Tap Mendez Law Offices as Legal Counsel
EDWIN GOULD: Show Cause Hearing Set for May 14
ELITE SURGERY: Hires FLP Law Group LLP as Legal Counsel
ENDRA LIFE: Reports $11.51 Million Net Loss, No Revenue in 2024
ENFIELD AUTO: Seeks to Hire Tony Campbell Parker as Legal Counsel
ENVISION CIVIL: Seeks to Tap Essex Richards as Bankruptcy Counsel
EPIC Y-GRADE: Moody's Withdraws 'B3' CFR on Debt Extinguishment
ERIKSON NATIONAL: Gets CCAA Stay Order; KSV as Monitor
ESSENTIAL MINERALS: Gets Final OK to Use Cash Collateral
EXTON OPERATING: Taps Ciardi Ciardi & Astin as Bankruptcy Counsel
EYENOVIA INC. Inks Non-Binding LOI for Reverse Merger With Betaliq
FAIRFIELD SENTRY: SIX SIS Loses Bid to Dismiss Adversary Case
FAITH ELECTRIC: Case Summary & 16 Unsecured Creditors
FASTLINE CARGO: Unsecureds Will Get 12% of Claims in Plan
FINANCE OF AMERICA: Andrew Essex, Cory Gardner Join Board
FIREFLY STORE: Seeks Approval to Hire Daniel Forlano as Accountant
FIRST WAY: Case Summary & 20 Largest Unsecured Creditors
FIVE POINT: S&P Upgrades ICR to 'B', Outlook Stable
FORTUNA AUCTION: Seeks Chapter 11 Bankruptcy in New York
FREEDOM RAVE: Seeks to Hire Mark L. Miller as Bankruptcy Counsel
FULL HOUSE: WM Capital's Bid for Relief from Stay Granted
GENERAL ENTERPRISE: Theodore Ralston Gains Voting Control
GLOBAL ENERGY: Court Narrows Claims in EBF Adversary Proceeding
GLOBAL OUTREACH: Moody's Affirms B1 Revenue Rating, Outlook Stable
GOPHER RESOURCE: S&P Withdraws 'B-' Issuer Credit Rating
GSM OUTDOORS: S&P Alters Outlook to Negative, Affirms 'B' ICR
GUARDIAN ELDER: Seeks to Extend Plan Exclusivity to June 9
HALL OF FAME: CEO Michael Crawford to Resign by May 18
HNO INTERNATIONAL: Reports $2.2 Million Net Loss in 2024
HO WAN KWOK: Trustee Taps Sage-Popovich as Repossession Agent
HOOPERS DISTRIBUTING: Gets Extension to Access Cash Collateral
HOOTERS OF AMERICA: KBRA Warns of Default Risk After Bankruptcy
HOUSE OF PRAYER: Seeks to Hire Sagre Law Firm as Legal Counsel
HUDSON'S BAY CO: Severe Liquidity Issues Cue CCAA Filing
HYPERSCALE DATA: Declares Dividends on Series D and E Shares
IL MULINO: Court Narrows Claims in Intellectual Property Lawsuit
INNOVATIVE CAPITAL: Inability to Pay BMO Loan Cues CCAA Filing
IYA FOODS: Gets Interim OK to Use Cash Collateral Until April 11
JAC RENTALS: Seeks to Hire Packard Lapray as Bankruptcy Counsel
JACKSON HOSPITAL: Committee Taps FTI Consulting as Advisor
JOHNSON & JOHNSON: Court Rejects Bankruptcy, Halts $9B Talc Deal
JOHNSON & JOHNSON: Firm Vows Aggressive Trials Amid Bankruptcy Loss
KAST IRON: Seeks to Hire Jay Meyers as Bankruptcy Counsel
KERISMA LLC: Unsecureds to Get $1,900 per Month for 60 Months
KOLOGIK LLC: MRB, MMB Win Summary Judgment in Thomas Suit
KYLE CHAPMAN: Seeks to Tap The Leaders Realty as Real Estate Broker
LANDMARK HOLDINGS: U.S. Trustee Appoints Creditors' Committee
LANDSEA HOMES: S&P Raises Senior Unsecured Notes Rating to 'B+'
LAS UVAS: Bankruptcy Court Must Consider Trustee's Laches Defense
LEASING ONE: Case Summary & Six Unsecured Creditors
LIBERATED BRANDS: Hires Gordon Brothers Realty as Consultant
LTI TRUCKING: Closes Permanently, No Bankruptcy Filing Plans Yet
LUCAS CONSTRUCTION: Seeks to Hire Auction Advisors as Auctioneer
LUXURY TIME: Seeks Subchapter V Bankruptcy in Pennsylvania
M6 ETX HOLDINGS II: Moody's Upgrades CFR to B1, Outlook Stable
MANA GROUP: Gets Interim OK to Use Cash Collateral
MARINA DEL REY: Hires Rochelle McCullough as Bankruptcy Counsel
MEMSTAR USA: Hires Crain Caton & James as Special Counsel
MIAMI JEWISH: Fitch Alters Outlook on 'BB+' LongTerm IDR to Stable
MILFORD HOUSE: Creditors to Get Proceeds From Liquidation
MILLENKAMP CATTLE: Taps Rob Ezold of Vertex as Expert Witness
MLN US HOLDCO: Unsecureds Unimpaired in Prepackaged Plan
MOBIVITY HOLDINGS: Raises $2M Via Convertible Note Offering
MOG PROPERTIES: Seeks to Hire Villa & White as Bankruptcy Counsel
NABORS INDUSTRIES: Varde Entities Report 13.98% Stake
NEDDY LLC: Seeks to Hire PS Business Consulting as Accountant
NEW BEGINNINGS: Seeks to Hire Silverman Law as Bankruptcy Counsel
NEW LEDA: Seeks to Hire Amann Burnett PLLC as Bankruptcy Counsel
NINETY-FIVE MADISON: Court Awards Broker $950,000 in Fees
NITRO DOWNHOLE: Voluntary Chapter 11 Case Summary
NORTHPOINT DEVELOPMENT: Gets Extension to Access Cash Collateral
NOVA LIFESTYLE: Sells 500,000 Shares for $200K in Private Placement
NP ELEVATE: Hires Bensamochan Law Firm as Bankruptcy Counsel
NXT ENERGY: Sets June 2 for Annual and Special Meeting
O'BRIENS RENT-ALL: U.S. Trustee Unable to Appoint Committee
OKR GOVERNANCE: To Restructure Under CCAA Proceedings
OLIVIA J STUDIOS: Updates Restructuring Plan Disclosures
ONLINE LEARNING: Gets OK to Hire Verdolino & Lowey as Accountant
ONONTIO LANDSCAPING: Updates Restructuring Plan Disclosures
OPTINOSE INC: Inks Merger Agreement With Paratek Pharmaceuticals
PACIFICA SENIOR: Seeks Chapter 7 Bankruptcy in California
PEARCE SPECIALTY: Gets Final OK to Use Cash Collateral
PEOPLE FIRST: Gets Court OK to Use Cash Collateral
PERASO INC: Narrows Net Loss to $10.73 Million in 2024
PERSIMMON HOLLOW: Trustee Gets OK to Tap Stichter Riedel as Counsel
PINNACLE FOODS: Court to Convert Bankruptcy Cases to Chapter 7
PLACID OIL: Avalon's Claims Not Discharged in Chapter 11 Bankruptcy
POPELINO'S TRANSPORTATION: Taps Turoci Firm as Bankruptcy Counsel
PREDICTIVE ONCOLOGY: Sells Skyline Medical Assets to DeRoyal
PREMIER PEDIATRICS: Gets OK to Use Cash Collateral
PREMIER TILLAGE: Seeks to Hire Sader Law Firm as Legal Counsel
PRIME CAPITAL: Court Denies Confirmation of Liquidation Plan
PRIMELAND REAL: Files Amendment to Disclosure Statement
PROS HOLDINGS: Welcomes Growth Veteran Katie May to Board
PROSPECT MEDICAL: Committee Hires Brinkman Law Group as Counsel
PROSPECT MEDICAL: Crozer Possible Sale Bankruptcy Hearing Postponed
QUICKSILVER PROPERTIES: Hires Re/Max Real Estate as Counsel
RABAH LLC: Hires Jones-Papadopoulos as Listing Broker
RAP OPERATING: Seeks to Hire Patrick J. Gros CPA as Accountant
RED BAY COFFEE: Seeks to Hire AER Legal APC as Special Counsel
REMC LLC: Hires Law Offices of Bennie Brooks as Counsel
REPIDA INC: Unsecured Creditors to Get 10 Cents on Dollar in Plan
RESHAPE LIFESCIENCES: Director Departure Triggers Compliance Issue
ROCK 51: 7 West 51st Street Lease Agreement Validly Terminated
ROYAL HELIUM: Liquidity Crisis Prompts CCAA Filing; A&M as Monitor
RYLEE & COMPANY: Seeks Approval to Tap Hankins Eastup as Accountant
RYVYL INC: Halves Net Loss to $26.83 Million in 2024
SAMYS OC: Seeks to Hire Evans & Mullinix as Bankruptcy Counsel
SANTIAGO QUEZADA SR: Court Denies Objection to Claim No. 6
SASAS HOSPITALITY: Seeks to Hire Bach Law Offices as Counsel
SAWYER TOWERS: NPAM to Sell Latitude Five25 to Nuveen for $7 Mil.
SEAGATE TECHNOLOGY: Egan-Jones Keeps B+ Senior Unsecured Ratings
SERVANT GROUP: Files Emergency Bid to Use Cash Collateral
SHENANDOAH MEDICAL: Gets Final OK to Use Cash Collateral
SHENANDOAH TELECOMMUNICATIONS: Egan-Jones Cuts Ratings to BB-
SHRIJEE LLC: Files Emergency Bid to Use Cash Collateral
SICHEM INC: Unsecureds to Split $168K Dividend over 5 Years
SOAP BOX: Seeks to Hire Fang & Associates as Tax Consultant
SOLUNA HOLDINGS: Secures $5M Non-Dilutive Loan From Galaxy Digital
SOPHIA HOSPITALITY: Seeks to Hire Bach Law Offices as Counsel
SORRENTO THERAPEUTICS: Committee's Appeal on Discovery Issue Tossed
SOUTHFIELD VENTURES: Case Summary & Five Unsecured Creditors
SOUTHWEST AIRLINES: Egan-Jones Keeps BB Senior Unsecured Ratings
SPENCER & ASSOCIATES: Gets Interim OK to Use Cash Collateral
SPHERE 3D: Launches First Owned Bitcoin Mining Site
SPHERE 3D: Slashes 2024 Net Loss by Half, Ending the Year at $9.47M
SPIRIT AIRLINES: CEO Ted Christie Resigns After Co. Exits Ch. 11
SSR HOSPITALITY: Gets OK to Hire Bach Law Offices as Attorney
SSS MILWAUKEE: Seeks Approval to Hire Bach Law Offices as Counsel
STEELCASE INC: Moody's Hikes CFR to Ba1 & Alters Outlook to Stable
SUNNOVA ENERGY: Fitch Lowers Rating on LongTerm IDR to 'C'
SURVWEST LLC: Trustee Seeks Cash Collateral Access
TABOOLA INC: Moody's Withdraws 'Ba3' CFR Following Debt Repayment
TALOS ENERGY: S&P Lowers Second-Lien Notes Rating to 'B+'
TEETLE INC: Seeks to Hire Robert M. Stahl as Bankruptcy Counsel
TEXAS HEALTH: Case Summary & 20 Largest Unsecured Creditors
THREE STAR: Seeks to Hire George Oliver as Bankruptcy Counsel
TIMBERS2020 LLC: Seeks Chapter 11 Bankruptcy in Texas
TITAN ENVIRONMENTAL: Frank E. Celli Holds 23.4% Equity Stake
TITAN ENVIRONMENTAL: Glen Martin Miller Holds 26.5% Equity Stake
TONIX PHARMACEUTICALS: Posts $130 Million Net Loss in 2024
TRIPLETT FUNERAL: Seeks Cash Collateral Access
TRUENORTH PROJECTS: Auction Again Moved, Set for April 14
UAL CORP: Egan-Jones Hikes Sr. Unsecured Ratings to B
UNITED FP: Moody's Affirms 'Caa2' CFR & Alters Outlook to Stable
UNITED RESOURCE: Sterling Suit v. Compliance Envirosystems Tossed
VALDESIA GARDENS: Claims Will be Paid from Property Sale/Refinance
VILLAGE ROAD: Vanessa McCarthy Appointed as New Committee Member
VS HOLDING I: S&P Upgrades ICR to 'B+' on Consistent Expansion
WHITE FOREST: Committee Taps Mineral Energy Resource as Consultant
WHOLESALE CAR: Seeks to Hire George Jacobs as Bankruptcy Counsel
WILSON CREEK: Committee Hires Huron as Financial Advisor
WORKSPORT LTD: Targets Cash Flow Positivity, Growth in 2025
WORLD WIDE CARRIERS: Gets CCAA Protection; Riley Faber as Monitor
XTI AEROSPACE: Board OKs $5MM Share Buyback Program
XYZ HOME: Hires Legal Response Group LLC as Special Counsel
Y & W INVESTMENT: Seeks to Hire Madison Firm as Counsel
ZANO INDUSTRIES: Fine-Tunes Plan Documents
ZOOZ POWER: Expands EV Charging Tech, Global Sales Team
ZRG INC: Seeks to Hire Goldberg Weprin Finkel Goldstein as Counsel
[] Berger Singerman Adds Peterson and Eising to Reorg. Team
[] Strategy Law Promotes Bankruptcy Expert Phil Wang to Partner
*********
10831 PHELAN: Seeks to Hire Robert Hunziker as Broker
-----------------------------------------------------
10831 Phelan Blvd LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Eastern District of Texas to employ
Robert Hunziker as their broker.
The Debtors collectively own a series of Popeye's restaurants in
Texas.
Mr. Hunsaker will try to solicit offers for the Debtors' businesses
and/or assets and begin marketing their businesses and/or assets to
potential purchasers.
Mr. Hunsaker agreed to a brokerage fee equal to 2 percent of the
gross purchase price.
Mr. Hunsaker assured the court that he does not hold nor represent
any interest adverse to the Debtors of their estates.
Mr. Hunsaker can be reached at:
Robert Hunziker
Advanced Restaurant Sales
16524 Berwick Terrace
Lakewood Ranch, FL 34202
Telephone: (678) 229-2384
Facsimile: (678) 229-2385
Email: rhunziker@arsales.biz
About 10831 Phelan Blvd LLC
10831 Phelan Blvd LLC is a limited liability company.
10831 Phelan Blvd LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-40457) on February
21, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $10 million and
$50,000.
The Debtor is represented by Howard Marc Spector, Esq., at SPECTOR
& COX, PLLC.
141 WILLOUGHBY: Secured Party Sets May 7 Auction for Property
-------------------------------------------------------------
CB 141 Willoughby Owner LLC ("secured party") offers for sale at
public auction to be conducted via Zoom on May 7, 2025, at 2:30
p.m. Prevailing Eastern Time, the sale of all rights, title and
interests of 141 Willoughby Mess Sub LLC located at c/o Savana, 430
Park Avenue, 12th Floor, New York, New York 10022 ("pledgor") in
100% of the limited liability company ("Mortgage Borrower") which
is the sole owner of the property located at 141 Willoughby Street,
Brooklyn, New York 11201 ("Premises") and certain rights and
property related thereto pledged by the pledgor under that certain
pledged and security agreement dated as of May 7, 2021 ("Pledge
Agreement") made by the pledgor in favor of the original lender
under the mortgage loan documents.
Original lender was granted a security interest in the interests as
accommodation collateral to secured a loan to the mortgage borrower
made by the original lender to the mortgage borrower in the
aggregate maximum principal amount of $181,000,000 pursuant to (i)
a building loan agreement dated May 7, 2021 and (ii) a project
loan agreement dated May 7, 2021 ("mortgage loan agreement").
Any prospective bidder will provide party deposit, in immediately
available funds, in the amount of $5,000,000 ("deposit") at least
two business days prior to the scheduled time of the auction. The
party declared the winning bidder at the auction will be required
to increase its deposit to an amount equal to 10% of its successful
bid within 24 hours after the conclusion of the auction.
The full terms and conditions of the sale, copies of the relevant
agreements, information for attending the auction, and other
information may be obtained by contacting Jeff Organisciak at
Eastdil Secured LLC, 40 West 57th Street, New York, New York 10019,
Tel: (212) 315-7200, Email: 141WilloughbyUCC@eastdilsecured.com.
In the event of any conflict between the terms herein and the full
terms of public sale, the full terms of public sale will govern.
For further information visit the website:
https://www.141willoughbyUCC.com.
1700 EDGEWATER: Hires Hilco Real Estate as Real Estate Broker
-------------------------------------------------------------
1700 Edgewater, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Oregon to employ Hilco Real Estate, LLC as real
estate broker.
The firm will market and sell the Debtor's real property located at
1750 Edgewater Road N, Salem, Oregon.
The firm will be paid at these fees:
i. Cash Sale -- In the event the Property is sold, Hilco shall
earn a fee equal to 5 percent of the Gross Sale Proceeds; or
ii. Credit Bid -- In the event the Property is sold pursuant to
a credit bid of the senior secured lender, Hilco shall earn a fee
equal to 2 percent of the Gross Sale Proceeds; or
iii. Refinance -- In the event of a refinance by the Debtor,
which stops the sales process, Hilco shall earn a fee equal to 2
percent of the amount of the refinance, plus reimbursement of up to
$25,000 of actually incurred marketing expenses, payable at the
time the refinance closes.
Mr. Azuse disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Jeffrey Azuse
Hilco Real Estate, LLC
5 Revere Drive, Ste 410
Northbrook, IL 60062
Tel: (847) 418-2703
(847) 418-2725
About 1700 Edgewater, LLC
1700 Edgewater LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Or. Case No. 24-62194) on
Sept. 30, 2024. In the petition filed by Charles A. Sides, as
member, the Debtor reports estimated assets between $10 million and
$50 million and estimated liabilities between $1 million and $10
million.
The Honorable Bankruptcy Judge David W. Hercher handles the case.
The Debtor is represented by Nicholas J. Henderson, Esq., at
Elevate Law Group.
22ND CENTURY: Posts $15.2M Loss in 2024; Has 'Going Concern' Doubt
------------------------------------------------------------------
22nd Century Group, Inc. filed its Annual Report on Form 10-K with
the U.S. Securities and Exchange Commission, reporting a net loss
of $15.2 million for the year ended December 31, 2024, as compared
to a net loss of $140.8 million in 2023.
For the year ended December 31, 2024, the Company recognized $24.4
million in net revenue and $32.2 million in 2023.
Buffalo, New York-based Freed Maxick P.C. (F/K/A Freed Maxick CPAs,
P.C.), the Company's auditor since 2011, issued a "going concern"
qualification in its report dated March 20, 2025, citing that the
Company has incurred significant losses and negative cash flows
from operations since inception and expects to incur additional
losses until such time that it can generate significant revenue and
profit in its tobacco business. This raises substantial doubt about
the Company's ability to continue as a going concern.
The Company has incurred significant losses and negative cash flows
from operations since inception and expects to incur additional
losses until such time that it can generate significant revenue and
profit in its tobacco business. The Company had negative cash flow
from operations of $14.3 million and $55 million for the years
ended December 31, 2024 and 2023, respectively, and an accumulated
deficit of $393.9 million and $378.7 million as of December 31,
2024 and December 31, 2023, respectively. As of December 31, 2024,
the Company had cash and cash equivalents of $4.4 million.
In response to these conditions, management is currently evaluating
different strategies for reducing expenses, as well as pursuing
financing strategies which include raising additional funds through
the issuance of securities, asset sales, and through arrangements
with strategic partners. If capital is not available to the Company
when, and in the amounts needed, it could be required to liquidate
inventory or assets, cease or curtail operations, or seek
protection under applicable bankruptcy laws or similar state
proceedings. There can be no assurance that the Company will be
able to raise the capital it needs to continue operations.
Management's plans do not alleviate substantial doubt about the
Company's ability to continue as a going concern through the next
12 months.
CEO comment:
"Our 2024 results demonstrate a challenging but transformative year
as we worked our turnaround plan and reset almost all aspects of
our business. We are starting 2025 with a new base focused on
growth across all of our revenue lines. Our contract manufacturing
business begins the year with profitable contracts, and we have
begun the relaunch of our reduced nicotine VLN cigarette business
that will encompass both our branded VLN products as well as
private label partner VLN products," said Larry Firestone, Chairman
and CEO. "We are excited for 2025 as this is really a new start of
22nd Century Group, Inc., and are looking forward to shaping our
future around our current strategy."
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/c294htzw
About 22nd Century Group
Mocksville, N.C.-based 22nd Century Group, Inc. is a tobacco
products company specializing in the sales and distribution of its
proprietary reduced nicotine tobacco products, which have been
authorized as Modified Risk Tobacco Products by the FDA. The
company also provides contract manufacturing services for
conventional combustible tobacco products for third-party brands.
As of December 31, 2024, the Company had $21.7 million in total
assets, $17.7 million in total liabilities, and $4 million in total
stockholders' equity.
2426 UNIVERSITY: Bronx Property Up for Auction
----------------------------------------------
U.S. Bank National Association, as trustee for the registered
holders of JP Morgan Chase Commercial Mortgage Securities Corp.,
Multifamily Mortgage Pass-Through Certificates, Series 2018-SB47,
acting by and through its special services, Berkeley Point Capital
LLC dba Newmark, as special servicer under the Pooling and
Servicing agreement dated as of March 1, 2018, Plaintiff against
2426 University Fund LLC; Avraham Benamram, et al. Defendants.
Pursuant to that certain consensual final judgement dated and
entered March 9, 2025, 1, Orazio Crisalli, court-appointed referee,
will sell at public auction outside the front entrance of the
property located at and known as 2426 University Avenue, Bronx, New
York on April 3, 2025, at 9:00 a.m., prevailing Eastern Time,
premises situate, lying and being in the Borough and County of the
Bronx, City and State of New York, bounded and described as
follows: Beginning at a point on the easterly side of Aqueduct
Avenue, 258 feet southerly form the corner form by the intersection
of the easterly side of Aqueduct Avenue, with the southerly side of
West 188th Street; Running Thence easterly at right angles to
Aqueduct Avenue and part of the distance through a party wall,
170.83 feet to the westerly side of Old Croton Avenue; Thence
southwesterly along the westerly side of Old Croton Aqueduct, 23.10
feet; Thence again along the more southwesterly, still along the
westerly side of Old Croton Aqueduct, 20.04 feet to the
intersection of said line drawn at right angles to Aqueduct Avenue
from a point distant 301 feet southerly from West 188th Street,
Thence westerly along the last mentioned line and part of the
distance through a party wall, 167.11 feet to the easterly side of
Aqueduct Avenue, Thence northerly along the easterly side of
Aqueduct Avenue, 43 feet to the point or place of beginning.
Block 3213 Lot 11, on the Tax Map of Bronx County, New York.
Said premises to be sold is known as 2426 University Avenue, Bronx,
New York 10468.
The approximate amount of the lien is $2,085,966.67 plus default
interest & costs.
The premises will be sold subject to filed judgment and forthcoming
sales terms.
The undersigned will accept the highest bid offer by a bidder and
will require that successful bidder to (i) provide proper
government-issued identification, (ii) immediately execute terms of
sale for the purchase of the collateral, and (iii) pay by certified
or bank check 10% of the sum bid, made payable to "Orazio Crisalli,
as referee."
Matthew D. Mannion is the court-apppinted auctioneer. Mr. Mannion
can be reached at (212) 267-6698 or mdmannion@jpandr.com.
Counsel for the plaintiffs is Holland & Knight LLP located at 787
Seventh Avenue, 31st Floor, New York, New York 10019.
2835 OCTAVIA: Seeks to Hire Belvedere Legal as Counsel
------------------------------------------------------
2835 Octavia LLC seeks approval from the U.S. Bankruptcy Court for
the Northern1 District of California to employ Belvedere Legal as
counsel.
The firm will provide these services:
a. advise and represent the Debtor to all matters and
proceedings within this Chapter 11 case, other than those
particular areas that may be assigned to special counsel;
b. assist, advise and represent the Debtor in any manner
relevant to a review of its debts, obligations, maximization of its
assets and where appropriate, disposition thereof;
c. assist, advise and represent the Debtor in the operation,
reorganization, and/or liquidation of its business, if
appropriate;
d. assist, advise and represent the Debtor in the performance
of all of its duties and powers under the Bankruptcy Code and
Bankruptcy Rules, and in the performance of such other services as
are in the interests of the estate; and
e. assist, advise and represent the Debtor in dealing with its
creditors and other constituencies, analyzing the claims in this
case and formulating and seeking approval of a Plan of
Reorganization.
The firm will be paid at the rate of $695 per hour.
On March 19, 2025, the firm received a pre-petition earned-on
retainer of $10,000, paid via wire transfer.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Matthew D. Metzger, Esq. a partner at Belvedere Legal, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Matthew D. Metzger, Esq.
Belvedere Legal, PC
1777 Borel Place, Ste 314
San Mateo, CA 94402
Tel: (415) 513-5980
Fax: (415) 513-5985
Email: mmetzger@belvederelegal.com
About 2835 Octavia LLC
2835 Octavia LLC is a single asset real estate debtor, as defined
in 11 U.S.C. Section 101(51B).
2835 Octavia LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-30213) on March 19,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Dennis Montali handles the case.
The Debtor is represented byMatthew D. Metzger, Esq. at BELVEDERE
LEGAL, PC.
3000 SMITH: Seeks to Hire Baker & Associates as Attorney
--------------------------------------------------------
3000 Smith, Ltd seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to hire Baker & Associates as
attorneys.
The firm will render these services:
(a) analyze the financial situation, and render advice and
assistance to the Debtor;
(b) advise the Debtor with respect to its duties;
(c) prepare and file all appropriate legal papers;
(d) represent the Debtor at the first meeting of creditors and
such other services as may be required during the course of the
bankruptcy proceedings;
(e) represent the Debtor in all proceedings before the court
and in any other judicial or administrative proceeding where its
rights may be litigated or otherwise affected;
(f) prepare and file a Disclosure Statement (if required) and
Chapter 11 Plan of Reorganization; and
(g) assist the Debtor in any matters relating to or arising out
of the captioned case.
The firm received a retainer in the amount of $11,738. Baker
applied $1,738 of such amount for filing fees and other amounts for
pre-petition fees and expenses.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Reese Baker, Esq., a partner at Baker & Associates, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Reese W. Baker, Esq.
Baker & Associates
950 Echo Lane Ste. 300
Houston, TX 77024
Telephone: (713) 869-9200
Facsimile: (713) 869-9100
Email: courtdocs@bakerassociates.net
About 3000 Smith, Ltd
3000 Smith, Ltd filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-31240) on March 4, 2025, listing $1,000,001 to $10 million in
both assets and liabilities.
Judge Jeffrey P Norman presides over the case.
Reese W Baker, Esq. at Baker & Associates represents the Debtor as
counsel.
3265 E. VALLEY: Hires Cavanagh Law Firm P.A. as Counsel
-------------------------------------------------------
3265 E. Valley Vista, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Arizona to employ The
Cavanagh Law Firm P.A. as counsel.
The firm will assist the Debtors in all matters associated with the
Debtors' Chapter 11 bankruptcy proceeding; represent the Debtors in
all hearings before the Bankruptcy Court; and to negotiate and
resolve all issues related to the Debtors' Chapter 11 proceeding.
The firm will be paid $395 to $600 per hour for partners, $300 to
$400 per hour for associates, and $125 to $245 per hour for
paralegal assistants.
The firm received a $40,000 deposit from a non-debtor third party
to be held in trust for the benefit of the Debtors.
Randy Nussbaum, Esq., a partner at The Cavanagh Law Firm P.A.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Randy Nussbaum, Esq.
Benjamin J. Branson, Esq.
The Cavanagh Law Firm P.A.
1850 North Central Avenue, Suite 2400
Phoenix, AZ 85004-4527
Tel: (602) 322-4000
Fax: (602) 322-4100
Email: rnussbaum@cavanaghlaw.com
bbranson@cavanaghlaw.com
About 3265 E. Valley Vista, LLC
3265 E. Vallley Vista, LLC is engaged in the vacation rental
market.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 2:24-bk-10529) on
December 9, 2024. In the petition signed by Sean Parsons, member,
the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Brenda K. Martin oversees the case.
Randy Nussbaum, Esq., at Sacks Tierney P.A., represents the Debtor
as legal counsel.
3784 LLC: Unsecured Creditors to be Paid in Full over 12 Months
---------------------------------------------------------------
3784 LLC filed with the U.S. Bankruptcy Court for the Southern
District of Florida a Disclosure Statement describing Plan of
Reorganization dated March 10, 2025.
The Debtor is a landowner that was formed on November 8, 2011. The
managing member is Warren Taylor. All of the Debtor's income is
derived from retail sales.
The Debtor owns real property located at 1934 22nd Ave, Vero Beach,
FL (the "Vero property") and 1550 Nectarine Street, Fernandina
Beach, FL 32034 (the "Fernandina property") (collectively, "the
properties"). The Debtor leases these locations to assisted living
facilities.
The Debtor has obtained a buyer for the Fernandina property. The
purchaser is buying from the real property and the assisted living
facility located on the Fernandina property. The assisted living
facility is owned by the Debtor's principal, Warren Taylor.
Pursuant to the terms of the sale, the Fernandina property and the
assisted living facility will be sold for $5,800,000.00. The
mortgage holder will be satisfied from the sale. The Debtor will
receive $1,000,000.00 and the Debtor's principal will hold a
mortgage in the approximate amount of $893,000.00.
It is the Debtor's intention to use $600,000.00 from the sale
proceeds to pay down the $2,613,711.30, plus interest, owed to the
mortgage holder on the Vero property. The Debtor will then make
monthly payments to the mortgage holder until the Vero property is
sold.
The Debtor's ability to fully fund the plan depends solely on the
Debtor's receipt of rent at the Vero location.
Class 6 consists of Unsecured creditors. The estimated unsecured
claims total approximately $25,000.00. Unsecured creditors will be
paid in full with equal monthly payments over 12 months after the
effective date. The class is impaired.
Class 7 consists of equity holders. The equity holders in the
Debtor will continue to own and operate the Debtor.
A full-text copy of the Disclosure Statement dated March 10, 2025
is available at https://urlcurt.com/u?l=YX4AsC from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Brian K. McMahon, Esq.
Brian K. McMahon, PA
1401 Forum Way, Suite 730
West Palm Beach, FL 33401
Telephone: (561) 478-2500
Facsimile: (561) 478-3111
Email: briankmcmahon@gmail.com
About 3784 LLC
3784 LLC owns two properties: one located at 1934 22nd Ave, Vero
Beach, Fla., valued at $4.1 million, and another at 1550 Nectarine
Street, Fernandina Beach, FL 32034, valued at $6.6 million.
3784 LLC sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 25-11569) on Feb. 14, 2025. In its
petition, the Debtor reports total assets of $10,726,000 and total
liabilities of $6,243,947.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
Brian K. McMahon, PA, serves as the Debtor's counsel.
3M COMPANY: Firefighters Exposed to Toxic Chemicals, McCrum Says
----------------------------------------------------------------
PAUL MCCRUM, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota )Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successorin-interest to The
Ansul )Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE ) Interlogix, Inc.,
Defendants, Case No. 2:25-cv-01080-RMG (D.S.C. Feb. 24, 2025) is an
action resulting from the Plaintiff's exposure to the Defendants'
aqueous film-forming foams containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances, which
includes, but is not limited to, perfluorooctanoic acid ("PFOA")
and perfluorooctane sulfonic acid and related chemicals including
those that degrade to PFOA and/or PFOS.
According to the complaint, the Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and used underlying chemicals and/or products added to AFFF which
contained PFAS for use in firefighting.
The Plaintiff was unaware of the dangerous properties of the
Defendants' AFFF products and relied on the Defendants'
instructions as to the proper handling of the products. The
Plaintiff's consumption, inhalation and dermal absorption of PFAS
from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
3M Company conducts operations in electronics, telecommunications,
industrial, consumer and office, health care, safety, and other
markets. The Company businesses share technologies, manufacturing
operations, marketing channels, and other resources. 3M serves
customers worldwide. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
527 EDILIDO: Seeks to Hire Beighley Myrick Udell as Counsel
-----------------------------------------------------------
527 Edilido LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to employ Beighley, Myrick, Udell,
Lynne & Zeichman, PA as attorney.
The firm will provide these services:
a. give advice to the Debtor with respect to its powers and
duties as Debtor-in-Possession;
b. advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
c. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
d. protect the interest of the Debtor in all matters pending
before the Court; and
e. represent the Debtor in negotiations with creditors in the
preparation of a plan.
The firm will be paid at these rates:
Thomas G. Zeichman, Esq. $550 per hour
Megan Pearl, Esq. $400 per hour
Katherine Arnholt, Esq. $400 per hour
Michael Seiger, Esq. $400 per hour
Paralegals $325 per hour
The firm will be paid a retainer of $10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Thomas G. Zeichman, Esq., a partner at Beighley, Myrick, Udell,
Lynne & Zeichman, PA, disclosed in a court filing that the firm is
a "disinterested person" as the term is defined in Section 101(14)
of the Bankruptcy Code.
The firm can be reached at:
Thomas Zeichman, Esq.
Beighley Myrick Udell Lynne and Zeichman
2385 NW Executive Center Drive Suite 300
Boca Raton, FL 33431
Tel: (561) 549-9036
Email: tzeichman@bmulaw.com
About 527 Edilido LLC
527 Edilido LLC is a Miami Beach-based real estate holding
company.
527 Edilido LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12527) on March 1,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Corali Lopez-Castro handles the case.
The Debtor is represented by Thomas Zeichman, Esq., at BEIGHLEY
MYRICK UDELL LYNNE AND ZEICHMAN.
61 SOUTH MORTON: Hires Long and Foster as Real Estate Agent
-----------------------------------------------------------
61 South Morton Avenue LLC filed an amended application seeking
approval from the U.S. Bankruptcy Court for the Eastern District of
Pennsylvania to hire Janeen Connell of Long and Foster Real Estate
as real estate agent.
Ms. Connell will list, show, market and sell the property located
at 61 South Morton Avenue.
The commission for this listing is 5 percent of the sales price.
Ms. Connell assured the court that he is a "disinterested person"
within the meaning of 11 U.S.C. 101(14).
The firm can be reached through:
Janeen Connell
Long and Foster Real Estate
1109 W Baltimore Pike, Suite E
Media, PA 19063
Phone: (610) 892-8300
Email: janeen.connell@longandfoster.com
About 61 South Morton Avenue LLC
61 South Morton Avenue LLC operates a health care business, as
defined in 11 U.S.C. Section 101(27A). The Debtor owns the property
located at 61 South Morton Avenue, which is currently valued at
$1.5 million.
61 South Morton Avenue LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-10826) on
February 28, 2025. In its petition, the Debtor reports total assets
of $1,500,000 and total liabilities of $236,000.
Honorable Bankruptcy Judge Ashely M. Chan handles the case.
John Everett Cook, Esq. at THE LAW OFFICES OF EVERETT COOK PC
represents the Debtor as counsel.
61 SOUTH MORTON: Taps Everett Cook P.C. as Bankruptcy Counsel
-------------------------------------------------------------
61 South Morton Avenue LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Pennsylvania to hire The Law
Offices of Everett Cook, P.C. as counsel.
The firm will render these services:
(a) provide the Debtor with legal services with respect to its
power and duties as Debtor-in-Possession in continuing the
management of its assets;
(b) prepare on behalf of Debtor necessary applications,
answers, orders, reports, and other legal papers;
(c) represent the Debtor in any matters involving contests
with secured or unsecured creditors;
(d) assist the Debtor in providing legal services required to
negotiate and prepare a plan of reorganization; and
(e) perform such other legal services for the Debtor as are
necessary and appropriate.
The firm will be paid at these rates:
Everett Cook, Esq. $350 per hour
Lauren Specter $150 per hour
The firm received a retainer in the amount $6,000.
As disclosed in the court filings, Everett Cook, P.C. represents no
interest adverse to the Debtor or the estate.
The firm can be reached through:
John Everett Cook, Esq.
The Law Offices of Everett Cook, P.C.
1605 N. Cedar Crest Blvd, Suite 520
Allentown, PA 18194
Phone: (610) 351-3566
Email: bankruptcy@everettcooklaw.com
About 61 South Morton Avenue LLC
61 South Morton Avenue LLC operates a health care business, as
defined in 11 U.S.C. Section 101(27A). The Debtor owns the property
located at 61 South Morton Avenue, which is currently valued at
$1.5 million.
61 South Morton Avenue LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-10826) on
February 28, 2025. In its petition, the Debtor reports total assets
of $1,500,000 and total liabilities of $236,000.
Honorable Bankruptcy Judge Ashely M. Chan handles the case.
John Everett Cook, Esq. at THE LAW OFFICES OF EVERETT COOK PC
represents the Debtor as counsel.
9300 WILSHIRE: Hires Englander Knabe as Special Counsel
-------------------------------------------------------
9300 Wilshire LLC seeks approval from the U.S. Bankruptcy Court for
the Central District of California to employ Englander Knabe Allen
& Associates, LLC as special counsel.
The Debtor needs the firm's legal assistance in connection with
lobbying and strategic planning related to the various real
properties, initially for projects in Redondo Beach and later for
properties located in Beverly Hills, California in which Debtor has
direct or indirect ownership interests known as 125-129 S. Linden,
232 S. Tower, 346 N. Maple, and 401 N. The services includes
lobbying of, and negotiations with, the Beverly Hills City Council
and Staff.
The firm will be paid at these rates:
Partner $500 per hour
Principal $500 per hour
Senior Vice President $400 per hour
Vice President $350 per hour
EVP $450 per hour
Director $300 per hour
Associate II $250 per hour
Associate I $150 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Eric Rose, Esq., a partner at Englander Knabe Allen & Associates,
LLC, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Eric Rose, Esq.
Englander Knabe Allen & Associates, LLC
2335 E. Colorado Blvd. #115
Pasadena, CA 91107
Tel: (213) 741-1500
Fax: (213) 747-4900
About 9300 Wilshire LLC
9300 Wilshire, LLC, is a Beverly Hills-based company engaged in
activities related to real estate.
9300 Wilshire filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. C.D. Calif. Case No. 23-10918) on
Feb. 21, 2023, with $100 million to $500 million in assets and $50
million to $100 million in liabilities. Leonid Pustilnikov, 9300
Wilshire's manager, signed the petition.
Judge Ernest M. Robles presides over the case.
The Debtor tapped Victor A. Sahn, Esq., at Greenspoon Marder, LLP
as bankruptcy counsel and Rutan & Tucker, LLP as special counsel.
AB INTERNATIONAL: CEO Receives 2-Bil. Shares as Bonus Compensation
------------------------------------------------------------------
AB International Group Corp. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that its sole
director, Chiyuan Deng, approved his bonus compensation for serving
as Chief Executive Officer.
The Company agreed to bonus Mr. Deng with 2,000,000,000 shares of
common stock.
About AB International
Headquartered in Mt. Kisco, N.Y., AB International Group Corp. is
an intellectual property (IP) and movie investment and licensing
firm, focused on the acquisition and development of various
intellectual property, including the acquisition and distribution
of movies.
Hackensack, N.J.-based Prager Metis CPAs, LLC, the Company's
auditor since 2022, issued a "going concern" qualification in its
report dated November 26, 2024, citing that the Company had limited
cash, an accumulated deficit of approximately $11.8 million and a
limited working capital deficit of approximately $0.2 million. The
continuation of the Company as a going concern is dependent upon
the continued financial support from its stockholders or external
financing and achieving operating profits. These factors, among
others, raise substantial doubt about the Company's ability to
continue as a going concern.
As of November 30, 2024, AB International Group had $2,222,315 in
total assets, $810,151 in total liabilities, and $1,412,164 in
total stockholders' equity.
ACCOUNTING LAB: Gets Interim OK to Use Cash Collateral Until May 6
------------------------------------------------------------------
The Accounting Lab Group, LLC received interim approval from the
U.S. Bankruptcy Court for the Middle District of Florida, Orlando
Division, to use cash collateral until May 6.
The Debtor needs to use cash collateral for its day-to-day
operations, including payroll, payments to vendors, and other
ordinary business expenses.
The Debtor owes Newtek Bank, National Association, $3.975 million
to Newtek, which is secured by a lien on TAL's cash and/or cash
equivalents. Newtek has a first priority security interest in TAL's
cash as per a UCC-1 Financing Statement filed on June 26, 2023.
There are other parties that may assert their interests in TAL's
cash or cash equivalents, but these interests are considered to be
inferior to Newtek's.
The next hearing is scheduled for May 6.
About The Accounting Lab Group
The Accounting Lab Group, LLC is a Florida-based firm specializing
in accounting, tax planning, and business management services. It
provides tailored solutions to help business owners minimize taxes,
optimize revenue, reduce overhead, and streamline operations. The
company works closely with professionals such as physicians,
dentists, veterinarians, and small businesses to enhance their
financial performance and efficiency.
Accounting Lab Group filed Chapter 11 petition (Bankr. M.D. Fla.
Case No. 25-01659) on March 25, 2025, listing up to $10 million in
both assets and liabilities. R. Corico McCray Sr, managing member,
signed the petition.
Judge Lori V Vaughan oversees the case.
Daniel A. Velasquez, Esq., at Latham, Luna, Eden & Beaudine, LLP,
represents the Debtor as legal counsel.
ALGORHYTHM HOLDINGS: Meets Nasdaq's Bid Price Requirements Again
----------------------------------------------------------------
Algorhythm Holdings, Inc., submitted a Form 8-K to the Securities
and Exchange Commission, revealing that it had received a letter
from The Nasdaq Stock Market LLC confirming that the company had
regained compliance with the minimum bid price requirement of $1.00
per share, as outlined in Nasdaq Listing Rule 5550(a)(2), allowing
it to maintain its listing on the exchange.
The Company will be required to undergo a mandatory panel monitor
for a one-year period starting from March 25, 2025. If, during
this monitoring period, the Nasdaq Listing Qualifications staff
determines that the Company is once again not meeting the minimum
bid price requirement, despite Nasdaq Listing Rule 5810(c)(2), the
staff will issue a delisting determination letter. The Company
will then have the option to request a new hearing, either with the
original Nasdaq hearing panel or a new panel if the original one is
unavailable.
About Algorhythm Holdings
Headquartered in Fort Lauderdale, Florida, Algorhythm Holdings,
Inc. (formerly known as The Singing Machine Company, Inc.) --
www.singingmachine.com -- is a holding company with two primary
business segments. The first operates through its SemiCab Holding
subsidiary, which focuses on AI-enabled software logistics. The
second operates through its Singing Machine subsidiary, a global
leader in designing and distributing home karaoke products to
retailers and e-commerce partners.
As of Sept. 30, 2024, the Company reported having approximately
$621,000 in cash, with a deficit in working capital of around
$2,082,000. This amount is insufficient to support the Company's
planned operations for at least one year following the issuance of
its consolidated financial statements. The Company has experienced
recurring operating losses and a decline in working capital in
recent periods. According to the Company, these circumstances
raise significant doubt regarding its ability to continue as a
going concern for at least one year after the issuance of its
audited consolidated financial statements.
ALLSTATE REALTY: Unsecureds Will Get 2% of Claims over 60 Months
----------------------------------------------------------------
Allstate Realty Group, Inc., filed with the U.S. Bankruptcy Court
for the Central District of California a Disclosure Statement
describing Plan of Reorganization dated March 10, 2025.
The Debtor is a California Corporation established on August 11,
2021, as a trucking business. The major asset is the real property
located at 247 S. Carmelina Avenue in the City of Los Angeles,
90049 (Rental property). Joseph Kashki is the 100% interest holder
and managing member of the Debtor.
During the COVID pandemic, the debtor's tenant stopped paying rent
and this caused the debtor to default on his monetary obligation to
the secured creditors. Consequently, the lender initiated a
foreclosure process and the Debtor sought protection of bankruptcy
laws to try to reorganize and be able to continue with its business
operations.
The Debtor's primary goal is to reorganize and restructure the
debts including, but not limited to, obtaining more reasonable
interest rates and monthly payment on the secured loans to be able
to continue running its business activity.
The Debtor is currently receiving $13,500 in rental income and the
income has been consistent since the filing of the bankruptcy.
Debtor's reorganization plan is based on this rental income. Debtor
anticipates based on its budget that it will have sufficient income
from the rental property to pay all of its expenses and after the
five-year repayment plan, the income will further increase and keep
the company viable.
Class 4 consists of General Unsecured Claims. The Debtor will pay a
total of $84,854.79 (2% of all general unsecured claims) to in the
holder of Class 4 claims, in monthly installments of $1,414.25 over
a 60-month period commencing on the 15th day of the first full
month following the Effective Date of the Plan. Holders of allowed
general unsecured claims shall receive their pro-rata share of
$1,414.25 monthly from the Debtor's disposable income derived from
the financials attached. The allowed unsecured claims total
$4,242,739.31. Class 4 claims are impaired.
Class 5 consists of Equity Interest Holders. In this case, Mr.
Joseph Kashki is the 100% equity security holder. Mr. Kashki will
retain his share ownership interest in the property but will not
receive any distributions, dividends, or payments with respect to
his share ownership interest. The interest holders of Debtor
Allstate Realty Group, Inc. will retain their share ownership
interest in the property but will not receive any distributions,
dividends, or payments with respect to its share ownership interest
until all payments have been made by the Debtor on the Plan with
respect to Class 3 and 4.
The Plan will be funded by the Debtor's post-petition revenues from
rental proceeds.
A full-text copy of the Disclosure Statement dated March 10, 2025
is available at https://urlcurt.com/u?l=cUlfaQ from
PacerMonitor.com at no charge.
About Allstate Realty Group
Allstate Realty Group, Inc., filed a Chapter 11 petition (Bankr.
C.D. Cal. Case No. 24-11555) on June 7, 2023, with $1 million to
$10 million in both assets and liabilities. Joseph Kashki, chief
executive officer of Allstate, signed the petition.
Judge Martin R. Barash oversees the case.
The Debtor is represented by:
Onyinye N. Anyama, Esq.
Anyama Law Firm, A Professional Corp
Tel: 562-645-4500
Email: onyi@anyamalaw.com
AMERICAN AXLE: Egan-Jones Keeps B- Senior Unsecured Ratings
-----------------------------------------------------------
Egan-Jones Ratings Company on April 1, 2025, maintained its 'B-'
foreign currency and local currency senior unsecured ratings on
debt issued by American Axle & Manufacturing, Inc. EJR also
maintained the rating on commercial paper issued by the Company.
American Axle & Manufacturing, Inc., headquartered in Detroit,
Michigan, is an American manufacturer of automobile driveline and
drivetrain components and systems.
AMERICAN CLINICAL: LRFC Marks $6.3 Million 1L Loan at 39% Off
-------------------------------------------------------------
Logan Ridge Finance Corp. has marked its $6,343,000 loan extended
to American Clinical Solutions, LLC to market at $3,845,000 or 61%
of the outstanding amount, according to LRFC's Form 10-K for the
fiscal year ended December 31, 2024, filed with the U.S. Securities
and Exchange Commission.
LRFC is a participant in a First Lien/Senior Secured Debt to
American Clinical Solutions, LLC. The debt accrues interest at a
rate of 11.33 percent per annum. The debt matures on June 30,
2025.
LRFC is an externally managed non-diversified closed-end management
investment company incorporated in Maryland that has elected to be
regulated as a business development company under the Investment
Company Act of 1940. It is managed by Mount Logan Management LLC,
an investment adviser that is registered as an investment adviser
under the Investment Advisers Act of 1940, and BC Partners
Management LLC, which provides the administrative services
necessary for it to operate.
LRFC may invest in first lien loans, which have a first priority
security interest in all or some of the borrower's assets. In
addition, its first lien loans may include positions in "stretch"
senior secured loans, also referred to as "unitranche" loans, which
combine characteristics of traditional first lien senior secured
loans and second lien loans, providing it with greater influence
and security in the primary collateral of a borrower and
potentially mitigating loss of principal should a borrower default.
LRFC may also invest in second lien loans, which have a second
priority security interest in all or substantially all of the
borrower's assets. In addition to debt securities, it may acquire
equity or detachable equity-related interests (including warrants)
from a borrower. It also intends to target investments that mature
in four to six years from its investment.
LRFC is led by Ted Goldthorpe as chief executive officer and
president; Brandon Satoren as chief financial officer, and
Alexander Duka as director.
The company can be reached through:
Logan Ridge Finance Corp.
650 Madison Avenue, 3rd Floor
New York, New York 10022
Telephone: (212) 891-2880
About American Clinical Solutions LLC
American Clinical Solutions LLC is a drug confirmation service
provider. The company delivers accurate and reliable testing
results for both prescription and illicit narcotics to healthcare
providers and medical facilities across the country.
ARCH PRODUCTION: Case Summary & 15 Unsecured Creditors
------------------------------------------------------
Debtor: ARCH Production and Design NYC , Inc.
21 Salerno Dr
Hudson, NY 12534-3526
Business Description: ARCH Production is a creative studio
specializing in custom design and
fabrication for immersive experiences across
industries such as museum exhibitions,
events, retail, and entertainment. With a
focus on innovative, high-impact solutions,
the Company collaborates with top brands
like Disney and Def Jam to transform spaces
and communicate powerful brand messages.
The Company also emphasizes sustainability
and community engagement.
Chapter 11 Petition Date: April 4, 2025
Court: United States Bankruptcy Court
Northern District of New York
Case No.: 25-10390
Debtor's Counsel: Mitchell Canter, Esq.
LAW OFFICES OF MITCHELL J. CANTER
511 Airport Executive Park
Nanuet NY 10954
Email: mitchell@mitchellcanterlaw.com
Total Assets: $122,396
Total Liabilities: $1,107,587
The petition was signed by Evan Collier as president.
A full-text copy of the petition, which includes a list of the
Debtor's 15 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GK7Y7GI/ARCH_Production_and_Design_NYC__nynbke-25-10390__0001.0.pdf?mcid=tGE4TAMA
ASARCO LLC: Court Tosses Hammond City, et al. Environmental Suit
----------------------------------------------------------------
Judge Philip P. Simon of the United States District Court for the
Northern District of Indiana granted ASARCO Master, Inc.'s motion
to dismiss the case captioned as CITY OF HAMMOND, INDIANA, and CITY
OF WHITING, INDIANA, Plaintiffs, v. ASARCO MASTER, INC., Defendant,
Cause No. 2:24-CV-96-PPS-JEM (N.D. Ind.).
Hammond and Whiting allege past and future environmental response
costs related to a release of hazardous substances originating from
a smelting facility which used to operate in Hammond decades ago.
From June 1937 to February 1983, Federated Metals Corporation
operated a thirty-six-acre non-ferrous smelting, refining,
recovery, and recycling facility in Hammond. Federated Metals is a
wholly owned subsidiary of American Smelting and Refining Company
("ASARCO") which purchased Federal Metals in 1932. The operations
of the Hammond site over the course of some forty years resulted in
the disposal of waste byproducts and the release of hazardous
substances into the air around Hammond and Whiting. More
specifically, the facility's operations allegedly caused a
widespread release of lead into the soil in the Robertsdale
neighborhood in Hammond and Whiting.
Federated Metals closed the facility in February 1983. After
shutting down its Hammond operations, Federated Metals and its
parent company, ASARCO, faced a number of environmental claims that
placed a significant strain on the company's financial resources.
In 1992, Federated Metals entered a consent decree with the
Environmental Protection Authority, in which it disclosed that it
generated hazardous waste at the facility in the form of toxic dust
and waste both of which were byproducts of lead smelting
activities. In 2005, ASARCO Master, Inc. merged with Federated
Metals and, as a result, assumed Federated Metals' liabilities,
including any responsibility for contamination caused at the
Hammond facility.
Based on Federated Metals' historical polluting activities in the
area, the Cities of Hammond and Whiting, bring claims against
ASARCO Master under Indiana's Environmental Legal Action Statute
("ELA"), and federal environmental laws -- specifically, the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980 ("CERCLA") and the Resource Conservation and Recovery
Act ("RCRA").
Noting that soil samples from 2016 and 2017 have confirmed lead
contamination in their communities, Plaintiffs seek to hold ASARCO
liable for any costs the communities have and will incur as a
result of the contamination, in addition to attorneys' fees and
costs incurred in bringing this action. Plaintiffs also seek
injunctive relief directing ASARCO to remove all solid and
hazardous waste and otherwise remediate the pollution in Hammond
and Whiting in accordance with a plan submitted to and approved by
this Court.
ASARCO has filed a motion to dismiss the action, arguing that its
landmark bankruptcy settlement resolved the cities' environmental
claims.
The complaint, however, asserts that ASARCO Master's bankruptcy did
not discharge the claims at issue in this action. Plaintiffs argue
that their RCRA, CERCLA, and Indiana ELA causes of action arose
years after ASARCO received the discharge from the bankruptcy court
in December of 2009. However, as admitted to in the complaint, all
of Federated Metals' contamination took place before ASARCO entered
bankruptcy in 2005, the Court finds. Moreover, there are numerous
facts in the cities' complaint illustrating that they knew about
the release of these hazardous materials and could tie the release
to ASARCO prior to ASARCO's bankruptcy. According to the Court,
it's plain that the cities could have raised an environmental claim
prior to ASARCO's bankruptcy bar date but they didn't. Plaintiff's
CERCLA claim should therefore be considered discharged by the court
order confirming the bankruptcy, the Court concludes. Plaintiff's
Indiana ELA claim should be considered discharged for the same
reason.
The Court finds the cities failed to raise their CERCLA and Indiana
ELA claims prior to the confirmation of ASARCO's bankruptcy and are
barred from pursing those claims by the order confirming the
bankruptcy. They are also precluded from bringing their RCRA claim
by the bankruptcy consent decree and related court orders, the
Court holds.
The Court dismisses Count I (Indiana ELA Claim), Count II (CERCLA
Claim), and Count III of Plaintiffs' Complaint (RCRA Claim) with
prejudice.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=Ko7GqO from PacerMonitor.com.
About Asarco LLC
Based in Tucson, Arizona, ASARCO LLC -- http://www.asarco.com/--
is an integrated copper mining, smelting and refining company.
Grupo Mexico S.A. de C.V. is ASARCO's ultimate parent.
ASARCO LLC filed for Chapter 11 protection (Bankr. S.D. Tex. Case
No. 05-21207) on Aug. 9, 2005. Attorneys at Baker Botts L.L.P., and
Jordan, Hyden, Womble & Culbreth, P.C. represented the Debtor in
its restructuring efforts.
On Dec. 9, 2009, Asarco Incorporated and Americas Mining
Corporation's Seventh Amended Plan of Reorganization for the
Debtors became effective and the ASARCO Asbestos Personal Injury
Settlement Trust was created and funded with nearly $1 billion in
assets, including more than $650 million in cash plus a $280
million secured note from Reorganized ASARCO. The Plan, which was
confirmed both by the bankruptcy and district courts, reintegrated
ASARCO LLC back to parent Grupo Mexico concluding the four-year
Chapter 11 proceeding.
ASCEND PERFORMANCE: Moody's Rates New Sr. Secured Term Loan 'Caa1'
------------------------------------------------------------------
Moody's Ratings assigned a Caa1 rating to the new Backed Super
Priority Senior Secured Term Loan issued by Ascend Performance
Materials Operations LLC ("Ascend"). At the same time, Moody's
affirmed Ascend's Caa2 Corporate Family Rating, Caa2-PD Probability
of Default Rating, and the Caa2 rating on the existing backed
senior secured term loan B. The rating outlook is negative.
Ascend issued a new Super Priority Term Loan on March 7, 2025. The
Super Priority Term Loan has a maturity date of March 7, 2026 and
the purpose of the proceeds is for general corporate purpose. With
an initial funding of $40 million, the new term loan allows for
total borrowings up to $100 million subject to the satisfaction of
certain conditions.
RATINGS RATIONALE
Ascend's credit profile is constrained by its weak credit metrics,
negative free cash flows and refinancing challenges. Despite some
increasing volume from 2023, Ascend's performance remained weak in
2024, driven mainly by the weak demand recovery and growing
competitive pressures particularly from the Asian market. Ascend's
leverage, as measured by Moody's adjusted debt/EBITDA, rose to more
than 14.0x in the LTM end-September 2024, compared with 10.0x in
2023. At the same time, it generated large negative free cash flow
of more than -$260 million in the first three quarters of 2024.
While Ascend has taken a series of actions to reduce costs and
improve efficiencies, it remains unclear whether these measures
will meaningfully improve EBITDA and free cash flow.
With the uncertain macro economic conditions and the challenging
Nylon 6,6 market, Moody's expects Ascend's leverage could modestly
improve but remain high over 10x in 2025, driven by the cost
cuttings efforts. However its negative free cash flow will remain
weak and strain liquidity. Such weak credit metrics and ongoing
negative free cash flow will impose challenges for the company to
address its refinancing needs in 2025. Proforma the new debt's
issuance, Moody's estimates that Ascend's asset-based revolver, the
new Super Priority Term Loan, and the existing Senior Secured Term
Loan totaling $1.4 billion or more than 80% of its total adjusted
debts will mature from end 2025 through August 2026.
Ascend's liquidity is weak. Moody's expects that Ascend will
generate negative free cash and rely on its ABL revolver and new
external financings to meet its liquidity needs in 2025. While the
new Super Priority Term Loan provides some immediate liquidity
relief, with its modest size and short maturity, the new debt will
raise refinancing pressure for Ascend during the year.
The assigned Caa1 rating on the new Super Priority Term Loan
reflects its payment and lien priority to the existing $1.1 billion
Senior Secured Term Loan in the capital structure. The Caa2 rating
on the existing Senior Secured Term Loan is in line with the CFR,
reflecting its preponderance in Ascend's capital structure, despite
its effective subordination to the $500 million asset-based
revolving credit facility and the new Super Priority Term Loan.
Moody's ranks the revolver ahead of Ascend's two term loans in
Moody's Loss-Given Default framework based on its access to more
liquid collateral in a default scenario compared to the term loans.
The ABL has a first priority lien on current assets and a second
priority lien on fixed assets. The term loans have a first priority
lien on fixed assets and a second priority lien on current assets.
The negative outlook reflects Ascend's weak credit metrics, tight
liquidity, and the uncertainties in addressing its upcoming debt
maturities in the coming months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's will downgrade the ratings if its free cash flow remains
negative, liquidity continues to deteriorate, or the company fails
to address the upcoming debt maturities in a timely manner at
reasonable terms. A distressed exchange could also lead to a
downgrade of the rating.
An upgrade of the ratings is unlikely in the near term but could
occur if Ascend's operating performance improves and it starts to
generates positive free cash flow, successfully addresses its debt
maturities, and maintains sufficient liquidity.
Environmental, social, and governance factors are important factors
influencing Ascend's credit quality, but not a driver of actions.
Ascend's Credit Impact Score of CIS-5 indicates that the rating is
lower than it would have been if ESG risks did not exist.
Governance is viewed as weak from a credit standpoint due to
elevated financial leverage, weak cash flows and refinancing risks.
In addition, environmental risks due to the level of waste and
pollution from its Nylon 6,6 production process reinforce the
negative ESG impact on the rating.
Ascend Performance Materials Operations LLC ("Ascend") is an
integrated propylene based producer of Nylon 6,6. SK Titan Holdings
LLC bought the company from Solutia Inc. in 2009 and a small
remaining equity interest in 2011. Headquartered in Houston, Texas,
Ascend generated about $2.4 billion of revenues in the trailing
twelve months ended September 2024.
The principal methodology used in these ratings was Chemicals
published in October 2023.
ATI PHYSICAL: Posts $54M Loss in 2024, Raises 'Going Concern' Doubt
-------------------------------------------------------------------
ATI Physical Therapy, Inc. filed its Annual Report on Form 10-K
with the U.S. Securities and Exchange Commission, reporting a net
loss of $54 million for the year ended December 31, 2024, as
compared to a net loss of $66.1 million in 2023.
For the year ended December 31, 2024, the Company recognized $753.1
million in net revenue and $699 million in 2023.
Chicago, Ill.-based Deloitte and Touche LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 18, 2025, citing that the Company has experienced
recurring losses from operations and negative cash flows from
operations and requires operational improvement in order to meet
its obligations as they become due over the next twelve months,
which raises substantial doubt about its ability to continue as a
going concern.
As of December 31, 2024, the Company had $39.1 million in cash and
cash equivalents with no available capacity under its revolving
credit facility. The Company was in compliance with its minimum
liquidity covenant under the 2022 Credit Agreement as of December
31, 2024.
The Company has continued to generate negative operating cash flows
and net losses. For the year ended December 31, 2024, the Company
had cash flows used in operating activities of $19.2 million and
net loss of $54 million. These results are, in part, due to the
Company's current capital structure, including cash interest costs,
and the Company's pace of visit volume and operating performance at
the clinic level. The Company has continued to fund cash used in
operations primarily from financing activities and expects to need
additional liquidity to continue funding working capital
requirements, necessary capital expenditures as well as to be
available for general corporate purposes, including interest
repayments. The Company is at risk of insufficient funding to meet
its obligations as they become due within the next 12 months. These
conditions and events raise substantial doubt about the Company's
ability to continue as a going concern.
On June 15, 2023, the Company completed a debt restructuring
transaction under its 2022 Credit Agreement including:
(i) a delayed draw new money financing in an aggregate
principal amount of $25 million, comprised of:
(A) second lien paid-in-kind convertible notes and
(B) shares of Series B Preferred Stock.
The Company utilized the delayed draw of $25 million during the
year ended December 31, 2024.
On October 2, 2024, the Company entered into the Second Amendment
to Note Purchase Agreement, pursuant to which the Company issued
$10.5 million of second lien paid-in-kind notes.
On March 3, 2025, the Company entered into the Fourth Amendment to
Note Purchase Agreement, pursuant to which the Company issued $26.0
million of Fourth Amendment 2L Notes.
The Company plans to continue its efforts to improve its operating
results and cash flow through increases to clinical staffing
levels, improvements in clinician productivity, increases in
patient visit volumes, referrals and rate per visit and controlling
costs and capital expenditures. There can be no assurances that the
Company's plan will be successful in any of these respects.
Future liquidity needs are expected to require additional sources
of liquidity beyond operating results. Additional liquidity sources
considered include but are not limited to:
* raising additional debt and/or equity capital,
* disposal of assets, and/or
* other strategic alternatives to improve its business,
results of operations and financial condition.
There can be no assurance that the Company will be successful in
accessing such alternative options or financing if or when needed.
Furthermore, on March 17, 2025, the Company filed a Form 15 to
terminate the registration of the Company's common stock and public
warrants under Section 12(g) of the Exchange Act and suspend the
Company's reporting obligations under Section 15(d) of the Exchange
Act, which will limit its ability to raise equity capital through
the public markets in the future. Failure to access such
alternative options or financing, if or when needed, could have a
material adverse impact on the Company's business, financial
condition, results of operations and cash flows, and may lead to
events including bankruptcy, reorganization or insolvency.
Management's plans have not been fully implemented and, as a
result, the Company has concluded that management's plans do not
alleviate substantial doubt about the Company's ability to continue
as a going concern.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/2jb7k8e9
About ATI Physical Therapy
Headquartered in Bolingbrook, Ill., ATI Physical Therapy, Inc.,
together with its subsidiaries, is a nationally recognized
healthcare company specializing in outpatient rehabilitation and
adjacent healthcare services. The Company provides outpatient
physical therapy services under the name ATI Physical Therapy and,
as of Dec. 31, 2023, had 896 clinics located in 24 states (as well
as 18 clinics under management service agreements).
As of December 31, 2024, the Company had $958.1 million in total
assets, $883.3 million in total liabilities, $246.2 million in
mezzanine equity, and $171.4 in total stockholders' deficit.
AUGUSTUS INTELLIGENCE: Court Tosses Claims v. Kevin Washington
--------------------------------------------------------------
Judge John T. Dorsey of the United States Bankruptcy Court for the
District of Delaware granted the motion of Kevin Washington to
dismiss certain claims against him in the case captioned as BRIAN
RYNIKER, in his capacities as Litigation Trustee of Augustus
Intelligence, Inc. and as Assignee of Certain Investors,
Plaintiffs, v. KEVIN WASHINGTON, et al.., Defendants, Adv. Pro. No.
23-50370-TMH (Bankr. D. Del.).
Wolfgang Haupt was the founder and CEO of Debtor Augustus, a
company designed to develop and deliver artificial intelligence
solutions across a variety of industries.
Augustus was incorporated in Delaware in 2018.
Shortly after forming Augustus, Haupt struck up a relationship with
Defendant Washington, who held an indirect investment in CryptoWatt
Mining LLC, a company whose assets included two bitcoin mining data
centers.
On Nov. 25, 2018, the parties executed a Series Seed Preferred
Stock Investment Agreement which provided that Washington would
purchase over half a million shares of Series Seed preferred stock
of Augustus for just over $50 million, made up of $20 million in
cash and $30 million in the form of data center interests.
In anticipation of closing on the Seed Agreement and implementing
its bitcoin mining business plan, Augustus hired dozens of new
employees and expensive software engineers at a cost of millions of
dollars. However, Washington never paid the $50 million and the
Seed Agreement never closed. The newly hired employees were fired
and bad press about Augustus followed.
On April 24, 2021, Augustus filed a voluntary petition for relief
under chapter 11 (subchapter V) of the Bankruptcy Code.
On May 3, 2022, the Debtor filed its plan of reorganization. The
Plan provided for the transfer of all the Debtor's assets,
including causes of action, to the Litigation Trust to be
pursued by the Trustee for the benefit of the Litigation Trust
beneficiaries, including creditors and equity holders. In addition,
the Plan contained a procedure whereby Augustus' non-insider equity
holders could elect to assign their Assigned Litigation Claims to
the Trustee to be pursued. The Investors executed the assignment
agreements. The Plan was confirmed on July 26, 2022.
Plaintiff, Brian Ryniker commenced this action against defendant
Kevin Washington, among others, in two separate capacities. First,
in his capacity as post-confirmation trustee of the litigation
trust of the debtor, Augustus Intelligence Inc., the Trustee
asserts several claims on behalf of the estate (the “Estate
Claims”). Second, in his capacity as assignee, the Trustee
asserts a set of claims on behalf of certain investors, who
assigned their claims (many of which are against the same
defendants as the Estate Claims) to the Trust post-confirmation
(the “Assigned Investor Claims”).
Defendant Washington has moved to dismiss one of the Estate Claims
(Count I), and all of the Assigned Investor Claims (Counts II
through VIII) of the complaint, pursuant to Rules 9(b), 12(b)(1),
and 12(b)(6) of the Federal Rule of Civil Procedure, incorporated
herein by Rules 7009 and 7012 of the Federal Rules of Bankruptcy
Procedure.
Defendant Washington first argues that this Court lacks subject
matter jurisdiction over the Assigned Investor Claims because they
are claims among non-debtors that have no relation to the
bankruptcy case.
The Trustee makes several arguments in support of jurisdiction. He
argues that this Court's continued jurisdiction over this matter
was expressly contemplated by the parties and provided for in the
Plan and the Confirmation Order. The Court says this argument is
not persuasive. According to the Court, retention of jurisdiction
provisions within a plan alone are insufficient to grant subject
matter jurisdiction because neither the bankruptcy court nor the
parties can write their own jurisdictional ticket.
The Assigned Investor Claims are neither claims over-which the
Court had preconfirmation jurisdiction, nor claims that will be
liquidated for the benefit of the estate's creditors. They are
instead third-party claims never subject to this Court's
jurisdiction, which will be liquidated for the benefit of only
those equity holders who assigned them. In other words, the
Assigned Investor Claims are claims by non-debtors against
non-debtors.
The Trustee disagrees, noting that in the event any proceeds arise
from a combination of both Assigned Investor Claims and Estate
Claims the Plan provides that such proceeds would be
shared by all creditors.
According to the Court, the Investors would still likely be the
only ones to receive proceeds arising from the Assigned Investor
Claims and the only proceeds likely to be allocated to the creditor
body as a whole are those arising from Estate Claims. Thus, even
under the “combination proceeds” scenario, the dispute at the
center of the Assigned Investor Claims is not one that will affect
the estate in its entirety. For these reasons, the Motion is
granted with respect to Counts II through VIII for lack of subject
matter jurisdiction.
In Count I, the Trustee asserts a claim for breach of contract
arising out of Washington's failure to provide the $50 million
consideration contemplated by the Seed Agreement.
Judge Dorsey holds that even assuming the Seed Agreement, standing
alone, is lawful, the fact that it was allegedly used by the Debtor
in furtherance of a fraud compels the conclusion that the Debtor is
barred from enforcing the agreement as a matter of public policy.
For these reasons, Count I of the Complaint is also dismissed.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=CLnjJh from PacerMonitor.com.
About Augustus Intelligence
Augustus Intelligence Inc. develops artificial intelligence
software technology. Augustus offers its customers and prospective
customers an integrated, all-in-one artificial intelligence
solution to be used in conjunction with the customers' existing
technology in order to maximize efficiencies and improve
profitability.
Augustus Intelligence Inc. filed a petition for relief as a small
business debtor under Subchapter V of Chapter 11 of the Bankruptcy
Code (Bankr. D. Del. Case No. 21-10744) on April 24, 2021. As of
March 31, 2021, the Debtor disclosed total assets of $10,110,349
and total liabilities of $2,763,109. The Hon. John T. Dorsey is the
case judge.
ARCHER & GREINER, P.C., led by Bryan J. Hall, is the Debtor's
counsel. HAHN & HESSEN LLP is the co-counsel. RYNIKER
CONSULTANTS, LLC, is the financial advisor. STRETTO is the claims
agent, maintaining the page
https://cases.stretto.com/augustus/court-docket
The Office of the United States Trustee for Region 3 appointed
Natasha M. Songonuga, Esq., as the Subchapter V Trustee in the
Debtor's case.
B-WOOD BASEBALL: Case Summary & Six Unsecured Creditors
-------------------------------------------------------
Debtor: B-Wood Baseball LLC
DBA D-Bat
300 S. 24th Street West
Suite A01
Billings, MT 59102
Case No.: 25-10051
Business Description: B-Wood Baseball LLC dba D-BAT is a network
of baseball and softball training
facilities, providing expert instruction,
state-of-the-art equipment, and specialized
programs for athletes. Founded in 1998 and
franchising since 2008, D-BAT has grown to
over 145 locations nationwide, offering
private lessons, camps, clinics, and
memberships. Through comprehensive
franchise training, D-BAT ensures that new
franchisees are equipped with the knowledge
and support to successfully operate their
facilities, maintain brand consistency, and
deliver exceptional service to players at
all levels.
Chapter 11 Petition Date: March 31, 2025
Court: United States Bankruptcy Court
District of Montana
Debtor's Counsel: Matt Shimanek, Esq.
SHIMANEK LAW PLLC
317 East Spruce Street
Missoula, MT 59802
Tel: 406-544-8049
Email: matt@shimaneklaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Richard Brandon Wood as managing
member.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5OWAGSI/B-WOOD_BASEBALL_LLC__mtbke-25-10051__0001.0.pdf?mcid=tGE4TAMA
B. RILEY FINANCIAL: Delays 10-K Due to Financial Statement Review
-----------------------------------------------------------------
B. Riley Financial, Inc. filed a Form 12b-25 with the U.S.
Securities and Exchange Commission stating that it was unable,
without unreasonable effort or expense, to file its Annual Report
on Form 10-K for the year ended December 31, 2024 by March 17,
2025, the required filing date, due to a delay in finalizing the
Company's financial statements. This delay resulted from the
dedication of time and resources expended to:
(1) complete the filing of the quarterly reports for the
second and third quarters of 2024 with the most recent quarterly
report filed on February 21, 2025,
(2) complete the presentation of 2022 and 2023 results of
operations impacted by discontinued operations, and
(3) finalize the analysis of impairment charges for goodwill
and intangible assets and provision for income taxes.
The Company is working diligently to finalize its financial
statements for the year ended December 31, 2024 and file the Annual
Report as promptly as practical.
About B. Riley Financial
B. Riley Financial, Inc. -- http://www.brileyfin.com/-- is a
diversified financial services company that delivers tailored
solutions to meet the strategic, operational, and capital needs of
its clients and partners. B. Riley leverages cross-platform
expertise to provide clients with full service, collaborative
solutions at every stage of the business life cycle. Through its
affiliated subsidiaries, B. Riley provides end-to-end financial
services across investment banking, institutional brokerage,
private wealth and investment management, financial consulting,
corporate restructuring, operations management, risk and
compliance, due diligence, forensic accounting, litigation support,
appraisal and valuation, auction, and liquidation services. B.
Riley opportunistically invests to benefit its shareholders, and
certain affiliates originate and underwrite senior secured loans
for asset-rich companies.
As of June 30, 2024, B. Riley Financial had $3.2 billion in total
assets, $3.4 billion in total liabilities, and $143.1 million in
total deficit.
BAYSHORE SUITES: Seeks to Hire Forge CPA LLC as Financial Advisor
-----------------------------------------------------------------
Bayshore Suites, LLC seeks approval from the U.S. Bankruptcy Court
for the Middle District of Florida to employ Forge CPA, LLC as
financial advisor.
The firm's services include:
a. preparing of budgets and projections;
b. preparing periodic reports, including Monthly Operating
Reports;
c. assisting in the preparation of Chapter 11 bankruptcy
Disclosure Statement(s) and Plan(s);
d. reviewing, evaluating, and analyzing all information
provided by the
Debtor; and
e. if necessary or instructed by the Debtor, its counsel, or
the Court, participating in depositions, and testifying in these
Case's proceedings.
All services performed by Roy Moloney will be billed at $250 per
hour. Forge's other professionals will be billed at $150 per hour.
Clerical time will be billed at $80 per hour.
The firm received a post-petition retainer in the amount of
$10,000.
Forge is disinterested as defined in 11 U.S.C. Sec. 101(14),
according to court filings.
The firm can be reached through:
Roy Moloney, CPA
Forge CPA
142 Riverview Rd.
Fort Myers FL 33905
Tel: (239) 895-5152
Fax: (239) 895-5152
About Bayshore Suites, LLC
Bayshore Suites LLC owns two properties: one at 3200-3248 Bayshore
Dr., Naples, FL 34112, valued at $4.6 million in liquidation, and
another at 2836 Shoreview Dr., Naples, FL 34112, with a liquidation
value of $1 million.
Bayshore Suites LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-00218) on February
11, 2025. In its petition, the Debtor reports total assets of
$5,631,222 and total liabilities of $7,297,236.
Honorable Bankruptcy Judge Caryl E. Delano handles the case.
The Debtor is represented by Michael Dal Lago, Esq., at DAL LAGO
LAW.
BEACON ACADEMY OF NEVADA: S&P Assigns 'BB' ICR, Outlook Stable
--------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issuer credit rating (ICR) to
Beacon Academy of Nevada (Beacon), Nev.
The outlook is stable.
S&P assessed the Beacon's enterprise profile as adequate and its
financial profile as vulnerable. "The enterprise profile is
characterized by Beacon's growing enrollment base; academic
performance that is below-average compared with state and local
peers due to the transient nature of the student population, solid
relationship with the authorizer, and stable and experienced
management team," said S&P Global Ratings credit analyst Joyce
Jung. "The financial profile is characterized by history of
maintaining positive or nearly breakeven operating results, with
the expectation that the school maintain at least balanced
operating results going forward."
The stable outlook reflects S&P's expectation that the school's
demand will remain solid and continue to support its positive
operating margins, days' cash on hand, and lease-adjusted MADS
coverage.
BEELINE HOLDING: Launches AI-Powered Sales Agent 'MagicBlocks'
--------------------------------------------------------------
Beeline Holdings, Inc. announced the official public launch of
MagicBlocks, an AI-driven sales agent platform. Incubated by
Beeline, MagicBlocks successfully completed its Beta phase with 16
clients, exceeding expectations and validating its market potential
as a global solution open to businesses worldwide.
MagicBlocks was founded by Jay Stockwell and Sean Clark while at
Beeline and was spun off as an independent company. Beeline retains
an equity stake, while Stockwell serves as CEO. Beeline also
licenses the MagicBlocks platform.
"MagicBlocks represents a breakthrough in AI-driven sales
efficiency," said Nick Liuzza, CEO of Beeline. "With its strong
Beta results, we're happy to see it go to market as a scalable,
international solution."
Beeline continues to expand beyond mortgage origination by
integrating SaaS-based revenue streams. Most lenders license
third-party software, and the ones who build their own platforms
don't generally license it. Beeline is willing, leveraging its
proprietary AI technology to create better outcomes for mortgage
consumers while generating recurring SaaS revenue.
Earlier this year, Beeline Labs introduced BlinkQC, an automated
quality control solution streamlining mortgage operations.
Currently live within Beeline, BlinkQC will be available
industry-wide in early April.
With its AI-powered technology and market expertise, Beeline is
redefining mortgage lending, combining innovation, efficiency, and
strategic growth.
About Beeline Holdings
Headquartered in Portland, Oregon, Beeline Holdings, Inc. (formerly
known as Eastside Distilling, Inc.) has been producing craft
spirits in Portland, Oregon since 2008. The Company is
distinguished by its highly decorated product lineup that includes
Azunia Tequilas, Burnside Whiskeys, Hue-Hue Coffee Rum, and
Portland Potato Vodkas. All spirits are crafted from natural
ingredients for the highest quality and taste. Beeline's Craft
Canning + Printing subsidiary is one of the Northwest's leading
independent mobile canning, co-packing, and digital can printing
businesses.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's former
auditor, issued a "going concern" qualification in its report dated
April 1, 2024, citing that the Company suffered a net loss from
operations and used cash in operations, which raises substantial
doubt about its ability to continue as a going concern.
The Company incurred a net loss of $7.5 million during the year
ended December 31, 2023. As of June 30, 2024, the Company had
$16,589,000 in total assets, $18,523,000 in total liabilities, and
$1,934,000 in total stockholders' deficit.
BEELINE HOLDING: Nicholas Liuzza Holds 38.2% Equity Stake
---------------------------------------------------------
Nicholas Reyland Liuzza Jr. disclosed in a Schedule 13D filed with
the U.S. Securities and Exchange Commission that as of March 7,
2025, he beneficially owned 2,736,041 shares of Beeline Holdings,
Inc.'s common stock, representing 38.2% of the 6,289,792
outstanding shares. This includes 2,532,825 shares owned directly
and 203,216 shares owned by a family trust over which he exercises
dispositive and voting control.
Nicholas Reyland Liuzza Jr. may be reached through:
Michael Harris, Esq.
3001 PGA Blvd, Ste 305
Palm Beach Gardens, FL 33410
Tel: 561-686-3307
A full-text copy of Mr. Liuzza's SEC report is available at:
https://tinyurl.com/mpmk9nv2
About Beeline Holdings
Headquartered in Portland, Oregon, Beeline Holdings, Inc. (formerly
known as Eastside Distilling, Inc.) has been producing craft
spirits in Portland, Oregon since 2008. The Company is
distinguished by its highly decorated product lineup that includes
Azunia Tequilas, Burnside Whiskeys, Hue-Hue Coffee Rum, and
Portland Potato Vodkas. All spirits are crafted from natural
ingredients for the highest quality and taste. Beeline's Craft
Canning + Printing subsidiary is one of the Northwest's leading
independent mobile canning, co-packing, and digital can printing
businesses.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's former
auditor, issued a "going concern" qualification in its report dated
April 1, 2024, citing that the Company suffered a net loss from
operations and used cash in operations, which raises substantial
doubt about its ability to continue as a going concern.
The Company incurred a net loss of $7.5 million during the year
ended December 31, 2023. As of June 30, 2024, the Company had
$16,589,000 in total assets, $18,523,000 in total liabilities, and
$1,934,000 in total stockholders' deficit.
BIOLARGO INC: Faces $4.35 Million Net Loss in 2024
--------------------------------------------------
Biolargo, Inc., reported a net loss of $4.35 million on $17.78
million in revenue for the year ending Dec. 31, 2024, according to
its recently filed annual report on Form 10-K with the Securities
and Exchange Commission. This marks an improvement over the
previous year's performance, where the Company posted a net loss of
$4.65 million on $12.23 million in revenue for the year ending Dec.
31, 2023.
During the year ended Dec.31, 2024, the Company used $3,206,000
cash in operations. At Dec. 31, 2024, it had working capital of
$4,489,000, and current assets of $7,137,000. The Company does not
believe gross profits in the year ending Dec. 31, 2025 will be
sufficient to fund its current level of operations. The Company
has been, and anticipates that it will continue to be, limited in
terms of its capital resources.
As of Dec. 31, 2024, the Company had $10.51 million in total
assets, $4.46 million in total liabilities, and $6.06 million in
total stockholders' equity. As of Dec. 31, 2024, the Company's
cash and cash equivalents totaled $3,548,000, and its total
liabilities included $1,079,000 in debt obligations, of which
$838,000 were owed by Clyra Medical. Of this remaining amount,
$552,000 is due within one year. Therefore, the Company stated
that it intends to continue raising investment capital through the
sale of its securities, as well as those of its subsidiaries.
In its report dated March 31, 2025, the Company's auditor Hacker,
Johnson & Smith PA, issued a "going concern" qualification citing
that the Company has suffered recurring losses from operations, has
negative cash flow from operations and has a significant
accumulated deficit. These matters raise substantial doubt about
the Company's ability to continue as a going concern.
Biolargo has relied on private securities offerings, as well as
sales of stock to Lincoln Park Capital Fund, LLC to provide cash
needed to close the gap between operational revenue and expenses.
"Our ability to rely on private financing may change if the United
States enters a recession, if the Dow Industrial Average or Nasdaq
composite decline significantly, if interest rates rise, if real
estate values decline, if international events affect the global
economy, or many other factors that impact private investors'
willingness to invest in high-risk companies. Thus, while we have
been able to rely on private investments in the past, we may not be
able to do so in the near future," the Company recognized in the
report.
The full text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/880242/000143774925010172/blgo20241231_10k.htm
About BioLargo, Inc.
Headquartered in Westminster, CA, BioLargo, Inc. --
www.BioLargo.com -- is a cleantech and life sciences innovator and
engineering services solution provider. The Company's core
products address PFAS contamination, achieve advanced water and
wastewater treatment, control odor and VOCs, improve air quality,
enable energy-efficiency and safe on-site energy storage, and
control infections and infectious disease. Its approach is to
invent or acquire novel technologies, develop them into product
offerings, and extend their commercial reach through licensing and
channel partnerships to maximize their impact.
BLOCKFI INC: Bankruptcy Court Decision on Claims Objection Affirmed
-------------------------------------------------------------------
In the case captioned as CHAD MAIN, Appellant, v. BLOCKFI, INC.,
Appellee, Case No. 24-cv-05592-ZNQ (D.N.J.), Judge Zahid N.
Quraishi of the United States District Court for the District of
New Jersey will affirm the April 10, 2024 Order of the United
States Bankruptcy Court for the District of New Jersey that
sustained BlockFi's Seventeenth Omnibus Objection to several claims
made by its creditors, including Chad Main's claim.
The effect of the Order was to confirm Chad Main's status as an
unsecured creditor rather than a secured creditor. Under the
Confirmed Bankruptcy Plan in BlockFi's Chapter 11 case, Main was
ineligible for return of the 100% return of the Bitcoin that he
provided to BlockFi as collateral for a loan. Rather, he would
receive 93.2%–100% of the dollar value of his Bitcoin collateral
as of the date BlockFi filed its petition for bankruptcy, minus
Main's outstanding loan balance.
This appeal followed.
Main argues that he has legal title to his Bitcoin collateral and
that BlockFi merely has a security interest; therefore, he seeks a
100% in-kind distribution of his Bitcoin.
Main raises four issues on appeal:
(1) whether the Bankruptcy Court erred in granting BlockFi's
Seventeenth Omnibus Objection without requiring it to provide any
actual evidence or legal authority;
(2) whether the Bankruptcy Court erred in granting the objection
solely on the papers without a hearing;
(3) whether the Bankruptcy Court erred in granting the objection
by relying solely on BlockFi's representations; and
(4) whether the Bankruptcy Court erred in relaxing the
requirements of Bankruptcy Rule 3007 when granting the objection.
BlockFi argues that Main is not entitled to return of his Bitcoin
for two reasons: one procedural and one substantive. The procedural
reason BlockFi cites for why Main is not entitled to 100% return of
his Bitcoin is that he neglected to timely object to his proposed
treatment as a Class 3-b claimant. BlockFi argues that Main
therefore waived his right to now object.
The substantive reason BlockFi cites for why Main is not entitled
to the return of his Bitcoin is that the lending agreement between
the parties -- the MLA -- states that BlockFi has the right to
"pledge, repledge, hypothecate, rehypothecate, sell, lend or
otherwise transfer any amount" of the collateral without notifying
Main. BlockFi maintains that this language means that Main has only
an unsecured claim to his Bitcoin.
According to the District Court, BlockFi is correct as to the
merits of Main's claim.
The Confirmed Bankruptcy Plan treats creditors in BlockFi's lending
program -- like Main -- as unsecured creditors and shows that they
will receive the same level of compensation as other unsecured
creditors. As BlockFi points out, Main's classification as an
unsecured creditor is based on a term he agreed to in Section 4(d)
of the MLA, which gives BlockFi broad repledging rights. The
District Court finds no error in the Bankruptcy Court's decision to
grant BlockFi's Seventeenth Objection on this basis.
BlockFi's procedural argument provides a second basis to affirm the
Bankruptcy Court's decision.
Main takes issue with the fact that BlockFi had objections to more
than 100 claims and, thus, the Bankruptcy Court failed to comply
with Bankruptcy Rule 3007(e)(6). In allowing the objections to move
forward, the District Court finds that the Bankruptcy Court acted
properly and in good faith to streamline the claims reconciliation
process for the benefit of estate administration. It is apparent
based on this Appellate Record that there was no error in granting
the objection and relaxing certain requirements of Rule 3007.
In sum, the Court finds that the Bankruptcy Court did not err in
granting BlockFi's Seventeenth Omnibus Objection.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=gJHZT0 from PacerMonitor.com.
About BlockFi Inc.
BlockFi Inc. says it's building a bridge between digital assets and
traditional financial and wealth management products to advance the
overall digital asset ecosystem for individual and institutional
investors.
BlockFi was founded in 2017 by Zac Prince and Flori Marquez and in
its early days had backing from influential Wall Street investors
like Mike Novogratz and, later on, Valar Ventures, a Peter
Thiel-backed venture fund as well as Winklevoss Capital, among
others. BlockFi made waves in 2019 when it began providing
interest-bearing accounts with returns paid in Bitcoin and Ether,
with its program attracting millions of dollars in deposits right
away.
BlockFi grew during the pandemic years and had offices in
New York, New Jersey, Singapore, Poland and Argentina.
BlockFi worked with FTX US after it took an $80 million hit from
the bad debt of crypto hedge fund Three Arrows Capital, which
imploded after the TerraUSD stablecoin wipeout in May 2022.
BlockFi had significant exposure to the companies founded by former
FTX Chief Executive Officer Sam Bankman-Fried. BlockFi received a
$400 million credit line from FTX US in an agreement that also gave
FTX the option to acquire BlockFi through a bailout orchestrated by
Bankman-Fried over the summer. BlockFi also had collateralized
loans to Alameda Research, the trading firm co-founded by
Bankman-Fried.
BlockFi is the latest crypto firm to seek bankruptcy amid a
prolonged slump in digital asset prices. Lenders Celsius Network
LLC and Voyager Digital Holdings Inc. also filed for court
protection this year. Kirkland & Ellis is also advising Celsius and
Voyager in their separate Chapter 11 cases.
BlockFi Inc. and eight affiliates sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Lead Case No.
22-19361) on Nov. 28, 2022. In the petitions signed by their chief
executive officer, Zachary Prince, the Debtors reported $1 billion
to $10 billion in both assets and liabilities.
Judge Michael B. Kaplan oversees the cases.
The Debtors tapped Kirkland & Ellis and Haynes and Boone, LLP, as
general bankruptcy counsels; Walkers (Bermuda) Limited as special
Bermuda counsel; Cole Schotz, P.C., as local counsel; Berkeley
Research Group, LLC as financial advisor; Moelis & Company as
investment banker; and Street Advisory Group, LLC, as strategic and
communications advisor. Kroll Restructuring Administration, LLC, is
the notice and claims agent.
BLUEBIRD BIO: Gets Unsolicited $4.50 per Share Acquisition Bid
--------------------------------------------------------------
Bluebird Bio, Inc., has confirmed that it received an unsolicited,
non-binding proposal from Ayrmid Ltd. to acquire bluebird for an
upfront cash payment of $4.50 per share and a one-time contingent
value right of $6.84 per share payable upon achievement of a net
sales milestone.
As previously announced on Feb. 21, 2025, bluebird entered into a
definitive agreement with funds managed by global investment firms
Carlyle and SK Capital Partners, LP to be acquired and taken
private for $3.00 per share in cash and a one-time contingent value
right of $6.84 per share payable upon achievement of a net sales
milestone, contingent upon certain offer conditions. bluebird
previously engaged in discussions with Ayrmid as part of its
comprehensive review of strategic alternatives. Ayrmid did not
submit any proposal to bluebird as part of that process. The
Ayrmid Proposal is subject to certain conditions and further
negotiations between the parties, including confirmatory
diligence.
The Company said that consistent with its fiduciary duties, its
Board of Directors is carefully reviewing the Ayrmid Proposal in
consultation with its legal and financial advisors. bluebird
remains subject to the terms of the Merger Agreement, and the Board
has not changed its recommendation in support of the Merger. The
Board will provide further updates to its stockholders as
appropriate.
About bluebird bio, Inc.
Headquartered in Somerville, Massachusetts, Founded in 2010,
bluebird -- www.bluebirdbio.com -- is a leader in gene therapy,
focused on developing treatments for severe genetic diseases,
including sickle cell disease, B-thalassemia, and cerebral
adrenoleukodystrophy. The Company has pioneered the transition of
gene therapies from clinical studies to FDA-approved treatments,
and it is scaling its commercial model to provide access to these
therapies for patients, providers, and payers. With a deep
commitment to patient communities and a strong focus on safety,
bluebird bio continues to advance the field of gene therapy through
innovative research and real-world application.
In its report dated March 27, 2025, the Company's auditor, Ernst &
Young LLP, issued a "going concern" qualification citing that the
Company has suffered recurring operating losses and negative
operating cash flows, projects non-compliance with covenants in the
Loan and Security Agreement and has stated that substantial doubt
exists about the Company's ability to continue as a going concern.
bluebird reported a net loss of $240.72 million in 2024 compared to
a net loss of $211.91 million in 2023. As of Dec. 31, 2024, the
Company had $460.23 million in total assets, $491.77 million in
total liabilities, and a total stockholders' deficit of $31.53
million.
BLUEBIRD BIO: Reports Expanded Net Loss of $241 Million in 2024
---------------------------------------------------------------
bluebird bio, Inc. filed its annual report on Form 10-K with the
Securities and Exchange Commission, reporting a net loss of $240.72
million on total revenues of $83.81 million for the year ending
Dec. 31, 2024. This compares to a net loss of $211.91 million on
total revenues of $29.50 million for the year ending Dec. 31,
2023.
Since its inception, the Company has incurred significant operating
losses and negative operating cash flows. As of Dec. 31, 2024, the
Company had an accumulated deficit of $4.5 billion. During the
twelve months ended Dec. 31, 2024, the Company used $260.0 million
of cash in operations. As of Dec. 31, 2024, the Company had
$460.23 million in total assets, $491.77 million in total
liabilities, and a total stockholders' deficit of $31.53 million.
As of Dec. 31, 2024, the Company had cash and cash equivalents of
$62.3 million, as well as $43.6 million in restricted cash, $30.1
million of which was released to the Company in February 2025. Of
the $43.6 million restricted cash that was unavailable for use as
of Dec. 31, 2024, $13.5 million is unlikely to be released in the
near term.
In its report dated March 27, 2025, the Company's auditor, Ernst &
Young LLP, issued a "going concern" qualification citing that the
Company has suffered recurring operating losses and negative
operating cash flows, projects non-compliance with covenants in the
Loan and Security Agreement and has stated that substantial doubt
exists about the Company's ability to continue as a going concern.
Faces Risk of Liquidation or Bankruptcy if Merger
Transaction Is Not Completed as Expected
On Feb. 21, 2025, bluebird announced an Agreement and Plan of
Merger with Beacon Parent Holdings, L.P. and Beacon Merger Sub,
Inc. Under the terms, Merger Sub will conduct a tender offer to
acquire all outstanding shares of bluebird's common stock for $3.00
per share in cash, plus one contingent value right (CVR) per share,
entitling holders to a non-tradeable contingent payment of $6.84 in
cash. The transaction, expected to close in the first half of
2025, is not included in the company's going concern assessment.
Based on current projections, which account for ongoing cost-saving
measures, deferred vendor payments, and continued collaborative
engagement from Hercules Capital, Inc. (as the lender under the
Loan and Security Agreement), the Company anticipates that its
available cash and cash equivalents will sustain its operations
through the second quarter of 2025 and until the Merger Transaction
is completed. However, if the Merger Transaction is not completed
within the anticipated timeline, or is not completed at all, the
Company faces the risk of liquidation or bankruptcy.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/1293971/000129397125000009/blue-20241231.htm
About bluebird bio, Inc.
Headquartered in Somerville, Massachusetts, Founded in 2010,
bluebird -- www.bluebirdbio.com -- is a leader in gene therapy,
focused on developing treatments for severe genetic diseases,
including sickle cell disease, B-thalassemia, and cerebral
adrenoleukodystrophy. The Company has pioneered the transition of
gene therapies from clinical studies to FDA-approved treatments,
and it is scaling its commercial model to provide access to these
therapies for patients, providers, and payers. With a deep
commitment to patient communities and a strong focus on safety,
bluebird bio continues to advance the field of gene therapy through
innovative research and real-world application.
BNG GROUP: Seeks Cash Collateral Access
---------------------------------------
BNG Group, LLC asked the U.S. Bankruptcy Court for the Eastern
District of Virginia, Alexandria Division, for authority to use
cash collateral.
Pidgeon Hill, LLC, PBK Invest VA LLC, and the U.S. Small Business
Administration assert interests in the Debtor's cash collateral.
The Secured Creditors will be provided with the following adequate
protection under the Interim Order:
(i) a replacement lien on all the post-petition assets of the
Debtor pursuant to 11 U.S.C. section 361 to the extent of
diminution in the value of the Secured Creditors' interest in cash
collateral; and
(ii) monthly adequate protection payments to Pidgeon Hill in
the amount of non-default interest of $20,457; and (iii)
administrative priority expense claims pursuant to 11 U.S.C.
section 507(b), to the extent there is a diminution in the value of
the Secured Creditors' interest in cash collateral.
A court hearing is scheduled for April 17.
About BNG Group LLC
BNG Group LLC is a single asset real estate debtor, as defined in
11 U.S.C. Section 101(51B).
BNG Group LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Va. Case No. 25-10463) on March 10, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtor is represented by Lawrence A. Katz, Esq. at Hirschler
Fleischer, PC.
BOTW HOLDINGS: Seeks to Hire SL Biggs as Expert Witness
-------------------------------------------------------
BOTW Holdings, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Wyoming to employ SL Biggs, a
Division of SingerLewak, LLP as expert witness.
The firm's services include preparation of an Expert Report,
attendance at confirmation hearing(s) and rebuttal witness
testimony in the Wyoming Bankruptcy Court.
Mr. Mark D. Dennis of SL Biggs, will be paid at the rate of $495
per hour.
The firm will be paid a retainer of $10,000.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Mr. Dennis disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Mark D. Dennis
SL Biggs, a Division of SingerLewak, LLP
2000 South Colorado, Blvd. Tower II Suite 200
Denver, CO 80222
Tel: (303) 694-6700
Fax: (303) 694-6761
About BOTW Holdings, LLC
BOTW Holdings, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Wyo. Case No.
24-20138) on April 19, 2024. The petition was signed by Jeff
Edwards, manager of Stryk Group Holdings, LLC. At the time of
filing, the Debtor estimated $1 million to $10 million in both
assets and liabilities.
Judge Cathleen D. Parker presides over the case.
Bradley T Hunsicker, Esq., at Markus Williams Young & Hunsicker
LLC, is the Debtor's counsel.
BOY SCOUTS: Court Affirms Stay of National Sturety Lawsuit
----------------------------------------------------------
In the case captioned as NATIONAL SURETY CORPORATION,
Plaintiff-Appellant, v. THE HONORABLE BARBARA J. HOUSER (RET.), IN
HER CAPACITY AS TRUSTEE OF THE BSA SETTLEMENT TRUST, et al.
Defendants-Appellees, No. 1-24-2138 (Ill. App. Ct.), Judges
Michael B. Hyman, Carl A. Walker and Cecilia Gamrath of the
Appellate Court of Illinois First District affirmed the decision of
the Circuit Court of Cook County staying the matter sua sponte
without considering the insurers' motions to amend.
After 18 former Boy Scouts sued the Boy Scouts of America for
failing to protect them from sexual abuse by a Chicago-area scout
leader, National Surety Corporation filed a complaint seeking a
declaration that it had no obligation to provide coverage for BSA
under its excess insurance policies. Another BSA insurer, Allianz
Global Risk US Insurance Company, which settled one of the claims,
filed counterclaims against BSA and its other
insurers.
A few years later, faced with a rapidly increasing number of sexual
abuse claims, BSA filed for bankruptcy. As part of its bankruptcy
plan, BSA created a Victims Compensation Settlement Trust, which
enjoined claims against BSA. Instead of filing claims directly
against BSA, victims were required to submit their claims to a
Trustee responsible for assessing their
validity and providing compensation. The plan also transferred to
the Trustee the rights that either BSA or abuse victims had to
insurance coverage. Currently, the bankruptcy court's order
confirming the plan is under appeal in the U.S. Court of Appeals
for the Third Circuit.
Subsequently, the Trustee filed a complaint in a Texas U.S.
District Court, seeking coverage for all abuse claims against BSA.
Defendants include National Surety, Allianz, and
nearly 90 additional insurers. The case has been stayed pending the
outcome of the bankruptcy plan appeal.
Meanwhile, the Trustee moved to dismiss National Surety's complaint
under section 2-619(a)(3) of the Code of Civil Procedure (735 ILCS
5/2-619(a)(3) (West 2022)), arguing the
Texas case involved the same parties and the same cause of action.
Shortly afterward, National Surety and Allianz moved to amend their
pleadings to raise new issues from the bankruptcy proceedings.
Rather than allow the motion to dismiss, the circuit court stayed
the case sua sponte (Latin for "of its own accord") without
considering the insurers' motions to amend.
National Surety and Allianz argue the circuit court abused its
discretion by:
(i) not granting leave to amend and
(ii) finding that the Trustee met the threshold requirements for
a stay.
National Surety and Allianz contend the circuit court erred in
ruling on the Trust's motion to dismiss without ruling on their
motions to amend their pleadings despite Illinois' liberal pleading
standards. They further assert that granting a stay encourages
forum shopping by BSA and the Trustee, which is disfavored.
Since the circuit court entered the stay on its own accord, all of
National Surety's and Allianz's arguments that the Trust must
demonstrate by clear and convincing evidence the propriety of the
stay are in conflict with the actual proceedings and are therefore
meritless, the Appellate Court concludes.
According to the Appellate Court, the circuit court acted well
within its discretion by holding the motions until the Third
Circuit rules.
The Appellate Judges affirm. They say the Trustee never sought the
stay. Hence, the circuit court properly exercised its discretion in
sua sponte entering the stay without ruling on the insurers'
motions to amend.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=7c28tZ.
About Boy Scouts of America
The Boy Scouts of America -- https://www.scouting.org/ -- is a
federally chartered non-profit corporation under title 36 of the
United States Code. Founded in 1910 and chartered by an act of
Congress in 1916, the BSA's mission is to train youth in
responsible citizenship, character development, and self-reliance
through participation in a wide range of outdoor activities,
educational programs, and, at older age levels, career-oriented
programs in partnership with community organizations. Its national
headquarters is located in Irving, Texas.
The Boy Scouts of America and affiliate Delaware BSA, LLC, sought
Chapter 11 protection (Bankr. D. Del. Lead Case No. 20-10343) on
Feb. 18, 2020, to deal with sexual abuse claims.
Boy Scouts of America was estimated to have $1 billion to $10
billion in assets and at least $500 million in liabilities as of
the bankruptcy filing.
The Debtors have tapped Sidley Austin LLP as their bankruptcy
counsel, Morris, Nichols, Arsht & Tunnell LLP as Delaware counsel,
and Alvarez & Marsal North America, LLC, as financial advisor. Omni
Agent Solutions is the claims agent.
The U.S. Trustee for Region 3 appointed a tort claimants' committee
and an unsecured creditors' committee on March 5, 2020. The tort
claimants' committee is represented by Pachulski Stang Ziehl &
Jones, LLP, while the unsecured creditors' committee is represented
by Kramer Levin Naftalis & Frankel, LLP.
The Debtors obtained confirmation of their Third Modified Fifth
Amended Chapter 11 Plan of Reorganization (with Technical
Modifications) on September 8, 2022. The Order was affirmed on
March 28, 2023. The Plan was declared effective on April 19, 2023.
The Hon. Barbara J. House (Ret.) has been appointed as trustee of
the BSA Settlement Trust.
BOY SCOUTS: Holders of Direct Abuse Claims Can't Change Elections
-----------------------------------------------------------------
In the case captioned as J.D., et al., Appellants, v. The Honorable
Barbara J. Houser (Ret.), in her capacity as Trustee of the BSA
Settlement Trust, Appellee, Case No. 24-cv-00213-RGA (D. Del.),
Judge Richard G. Andrews of the United States District Court for
the District of Delaware affirmed the decision of the United States
Bankruptcy Court for the District of Delaware to deny the motions
of holders of Direct Abuse Claims to change their expedited
distribution elections in the bankruptcy case of Boy Scouts of
America.
These appeals arise in the chapter 11 cases of Boy Scouts of
America and Delaware BSA LLC. Appellants are four holders of Direct
Abuse Claims, that is, four individuals with claims that they are
survivors of abuse suffered as a consequence of participation in
scouting. In brief, they each checked a box electing to take an
expedited $3500 payout rather than participating in more demanding
proceedings that might have led to a much greater payout. They
stated, without contradiction, that they did not intend to check
that box. In the Bankruptcy Court, they sought to change the
elections. The Bankruptcy Court denied their requests. The
Bankruptcy Court rejected Appellants' arguments that it could
permit the claimants to change their election pursuant to its
equitable powers under section 105(a) of the Bankruptcy Code or
Federal Rule of Civil Procedure 60(b), as the law prohibits a
bankruptcy court from exercising equitable powers that would
contravene the Bankruptcy Code. Its principal holding was that the
requested relief would modify the confirmed reorganization plan,
and Appellants could not request such relief.
The District Court agrees that the remedy sought by Appellants was
not one that the Bankruptcy Court could provide.
Section 105(a) of the Bankruptcy Code grants bankruptcy courts
broad authority to provide equitable relief. However, whatever
equitable powers remain in the bankruptcy courts must and can only
be exercised within the confines of the Bankruptcy Code. Section
1127(b) of the Bankruptcy Code affirmatively forbids modification
of the Plan. Accordingly, the Bankruptcy Court did not err in
concluding that it cannot use its equitable powers under Sec.
105(a) to grant the Appellants' requested relief, the District
Court concludes.
According to the District Court, Appellants did not prove mistake
or excusable neglect sufficient to obtain relief under Federal Rule
of Civil Procedure 60(b). The Bankruptcy Court concluded, based on
a careful analysis of the relevant documents and the factual
record, that the ballot was sufficiently clear and that all
claimants were represented by counsel. Appellants provide no
evidence or argument to conclude that the Bankruptcy Court abused
its discretion in denying relief under Rule 60(b), the District
Court finds.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=CMmV8n
Attorneys for appellant J.D.:
Katherine L. Hemming, Esq.
CAMPBELL & LEVINE, LLC
222 Delaware Avenue, Suite 1620
Wilmington, DE 19801
E-mail: khemming@camlev.com
- and -
Joel M. Walker, NYE,
STIRLING, HALE, MILLER, & SWEET LLP
101 Pennsylvania Boulevard, St# 2
Pittsburgh, PA 15228
E-mail: jmwalker@nshmlaw.com
Attorneys for appellant D.S.:
Charles J. Brown, III, Esq.
GELLERT SEITZ BUSENKELL & BROWN LLC
1201 N. Orange Street, Suite 300
Wilmington, DE 19801
E-mail: cbrown@gsbblaw.com
- and -
Tyler H. Fox, Esq.
GELLERT SEITZ BUSENKELL & BROWN LLC
675 Massachusetts Avenue
Cambridge, MA 02139
Attorneys for appellants J.H. and K.S.:
David T. Crumplar, Esq.
JACOBS & CRUMPLAR, P.A.
10 Corporate Circle, Suite 301,
New Castle, DE 19720
- and -
Jennifer Bogan, Esq.
BABIN LAW, LLC,
10 W Broad St Ste 900
Columbus, OH 43215
Attorneys for appellee the Honorable Barbara J. Houser (Ret.), in
her capacity as Trustee of the BSA Settlement Trust:
Kami E. Quinn, Esq.
Emily P. Grim, Esq.
Michael B. Rush, Esq.
Chelsea A. Zrzaczek, Esq.
GILBERT LLP
700 Pennsylvania Avenue, SE
Suite 400
Washington, DC 20003
E-mail: quinnk@gilbertlegal.com
grime@gilbertlegal.com
rushm@gilbertlegal.com
krzaczekc@gilbertlegal.com
Anthony M. Saccullo, Esq.
Mark T. Hurford, Esq.
Thomas H. Kovach, Esq.
Mary E. Augustine, Esq.
SACCULLO LEGAL, LLC
Bear, DE,
E-mail: ams@saccullolegal.com
mark@saccullolegal.com
kovach@saccullolegal.com
meg@saccullolegal.com
About Boy Scouts of America
The Boy Scouts of America -- https://www.scouting.org/ -- is a
federally chartered non-profit corporation under title 36 of the
United States Code. Founded in 1910 and chartered by an act of
Congress in 1916, the BSA's mission is to train youth in
responsible citizenship, character development, and self-reliance
through participation in a wide range of outdoor activities,
educational programs, and, at older age levels, career-oriented
programs in partnership with community organizations. Its national
headquarters is located in Irving, Texas.
The Boy Scouts of America and affiliate Delaware BSA, LLC, sought
Chapter 11 protection (Bankr. D. Del. Lead Case No. 20-10343) on
Feb. 18, 2020, to deal with sexual abuse claims.
Boy Scouts of America was estimated to have $1 billion to $10
billion in assets and at least $500 million in liabilities as of
the bankruptcy filing.
The Debtors have tapped Sidley Austin LLP as their bankruptcy
counsel, Morris, Nichols, Arsht & Tunnell LLP as Delaware counsel,
and Alvarez & Marsal North America, LLC, as financial advisor. Omni
Agent Solutions is the claims agent.
The U.S. Trustee for Region 3 appointed a tort claimants' committee
and an unsecured creditors' committee on March 5, 2020. The tort
claimants' committee is represented by Pachulski Stang Ziehl &
Jones, LLP, while the unsecured creditors' committee is represented
by Kramer Levin Naftalis & Frankel, LLP.
The Debtors obtained confirmation of their Third Modified Fifth
Amended Chapter 11 Plan of Reorganization (with Technical
Modifications) on September 8, 2022. The Order was affirmed on
March 28, 2023. The Plan was declared effective on April 19, 2023.
The Hon. Barbara J. House (Ret.) has been appointed as trustee of
the BSA Settlement Trust.
BRAVO MULTINATIONAL: Delays Submission of 2024 Annual Report
------------------------------------------------------------
Bravo Multinational, Inc., submitted a Form 12b-25 notice to the
Securities and Exchange Commission, indicating that it will be
unable to file its Annual Report on Form 10-K for the fiscal year
ending Dec. 31, 2024, by the required deadline. The Company stated
that it has experienced delays in assembling the necessary
information for the report and anticipates filing the Form 10-K
within 15 calendar days after the original due date.
About Bravo Multinational
Based in Ontario, Canada, Bravo Multinational Incorporated --
http://www.bravomultinational.com-- is in pursuit of business
ventures in the entertainment, hospitality, and technology
sectors.
The Company reported net losses of $4.85 million in 2023 and
$528,058 in 2022. As of Sept. 30, 2024, the Company reported
$1,387 in total assets, $700,966 in total liabilities, and a total
stockholders' deficit of $699,579.
"While the Company is attempting to continue operations and
generate revenues, the Company's cash position may not be
significant enough to support the Company's daily operations.
Management intends to raise additional funds by way of a public or
private offering. Management believes that the actions presently
being taken to further implement the Company's business plan and
generate revenues provide the opportunity for the Company to
continue as a going concern. While the Company believes in the
viability of its strategy to generate revenues and in its ability
to raise additional funds, there can be no assurances to that
effect. The ability of the Company to continue as a going concern
is dependent upon the Company's ability to further implement its
business plan and generate revenues. During the year ended
December 31,2023 due to lack of revenues the officers of the
Company paid for all expenses through loans to the Company. This
allowed the Company to continue as a going concern," the Company
stated in its Quarterly Report for the period ending Sept. 30,
2024.
BRIGHTMARK PLASTICS: Hires Potter Anderson & Corroon as Counsel
---------------------------------------------------------------
Brightmark Plastics Renewal, LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the District of Delaware to
employ Potter Anderson & Corroon LLP as legal counsel.
The firm will provide these services:
(a) advise the Debtors of their rights, powers, and duties;
(b) take action to protect and preserve the Debtors' estates;
(c) appear in court and at any meeting required by the Office
of the United States Trustee for the District of Delaware and any
meeting of creditors at any given time on behalf of the Debtors as
their counsel;
(d) assist with any disposition of the Debtors' assets by sale
or otherwise;
(e) prepare, on behalf of the Debtors, legal papers in
connection with the administration of their estates;
(f) prepare any plan of reorganization;
(g) prepare the disclosure statement and any related documents
and pleadings necessary to solicit votes on any plan of
reorganization;
(h) prosecute on behalf of the Debtors any proposed plan and
seek approval of all transactions contemplated therein and, in any
amendments, thereto; and
(i) perform all other services assigned by the Debtors to
Potter Anderson. To the extent Potter Anderson determines that such
services fall outside of the scope of services historically or
generally performed by the firm in a bankruptcy proceeding, Potter
Anderson will file a supplemental declaration pursuant to
Bankruptcy Rule 2014.
The firm will be paid at these hourly rates:
Partner $890 - $1,200
Counsel $775
Associates $495 - $680
Paraprofessionals $360 - $390
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $250,000 from the Debtor.
R. Stephen McNeill, a partner at Potter Anderson & Corroon,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
R. Stephen McNeill, Esq.
Potter Anderson & Corroon LLP
1313 N Market St., Ste. 6
Wilmington, DE 19801
Telephone: (302) 984-6000
About Brightmark Plastics Renewal
Brightmark Plastics Renewal LLC utilize proprietary processes and
licensed technology to convert hard-to-recycle plastic waste into
valuable chemical feedstocks that can be used to make new plastics.
This innovative approach helps reduce plastic waste by repurposing
hydrocarbons that would otherwise end up in landfills, contributing
to a more sustainable environment.
Brightmark Plastics Renewal and its affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case
No. 25-10472) on March 16, 2025. In the petitions signed by Craig
R. Jalbert, chief restructuring officer, Brightmark Plastics
Renewal disclosed up to $500 million in both assets and
liabilities.
Judge Laurie Selber Silverstein oversees the case.
The Debtors tapped Potter Anderson & Corroon, LLP as bankruptcy
counsel, SSG Capital Advisors, LLC as investment banker, and
Verdolino & Lowey, PC as restructuring advisor. Omni Agent
Solutions, Inc. is the claims, noticing and solicitation agent.
BRIGHTMARK PLASTICS: Hires Verdolino as Restructuring Advisor
-------------------------------------------------------------
Brightmark Plastics Renewal, LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the District of Delaware to
employ Verdolino & Lowey PC as restructuring advisor.
The firm will provide Craig Jalbert as chief restructuring officer
(CRO) to the Debtors.
The CRO will render these services:
(a) assist the Debtors in preparing the Statements of
Financial Affairs and the Schedules of Assets and Liabilities;
(b) assess the Debtors' business, financial obligations,
operational needs, assets, business plan,
reorganization/restructuring/liquidation strategy, and operate
forecasts, and assess go-forward options with respect to the same;
(c) evaluate the Debtors' strategic and financial
alternatives;
(d) evaluate and/or plan for a potential 363 or other sale of
the Debtors' assets;
(e) determine the amount of funding, and solicit, negotiate,
and secure debtor-in-possession funding and/or other funding
alternatives as required to fund these Chapter 11 cases to
completion;
(f) create business or liquidation plan to present to the
Debtors' stakeholders to address their re-payment of or
distribution plan for their outstanding indebtedness;
(g) advise the Debtors on developing, evaluating, structuring,
and negotiating the terms and conditions of a plan of liquidation
or for such other type of restructuring or liquidation;
(h) communicate with the Debtors' stakeholders that may
include, but are not limited to, the its vendors, customers,
employees, officers, board, lenders, creditor committees, and
equity holders, along with court officials, attorneys, and other
service providers, as required;
(i) make employment related decisions following consultation
with the Debtors' board, management, and counsel;
(j) oversee litigation related to claims asserted by and
against the Debtors;
(k) monitor daily cash allocation and cash management
processes;
(l) assist the Debtors in negotiations with creditors and
other stakeholders; and
(m) such other services as the Debtors may reasonably request
and Mr. Jalbert may agree to perform.
Verdolino will provide these services:
(a) assist the Debtors in preparing the Schedules and
Statements;
(b) analyze the business, operational, and financial
conditions of the Debtors;
(c) assist the Debtors with managing short-term liquidity;
(d) assist the Debtors in preparing financial analyses;
(e) evaluate strategic aletrnatives;
(f) assist the Debtors with the preparation of data necessary
to prepare pleadings and required fiduciary filings;
(g) provide testimony on matters within Verdolino's
expertise;
(h) analyze accounts receivable and recover assets of the
Debtors;
(i) execute restructuring initiatives; and
(i) support the Debtors in such matters as they shall request
or require from time to time.
The CRO will be paid $15,000 monthly.
The firm's professionals will be paid $275 to $475 per hour and
will seek reimbursement for expenses incurred.
The firm received $50,000 retainer from the Debtors.
Mr. Jalbert disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Craig R. Jalbert, CIRA
Verdolino & Lowey, PC
124 Washington St., Ste. 101
Foxboro, MA 02035
Telephone: (508) 543-1720
Facsimile: (508) 543-4114
Email: cjalbert@vlpc.com
About Brightmark Plastics Renewal
Brightmark Plastics Renewal LLC utilize proprietary processes and
licensed technology to convert hard-to-recycle plastic waste into
valuable chemical feedstocks that can be used to make new plastics.
This innovative approach helps reduce plastic waste by repurposing
hydrocarbons that would otherwise end up in landfills, contributing
to a more sustainable environment.
Brightmark Plastics Renewal and its affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case
No. 25-10472) on March 16, 2025. In the petitions signed by Craig
R. Jalbert, chief restructuring officer, Brightmark Plastics
Renewal disclosed up to $500 million in both assets and
liabilities.
Judge Laurie Selber Silverstein oversees the case.
The Debtors tapped Potter Anderson & Corroon, LLP as bankruptcy
counsel, SSG Capital Advisors, LLC as investment banker, and
Verdolino & Lowey, PC as restructuring advisor. Omni Agent
Solutions, Inc. is the claims, noticing and solicitation agent.
BRIGHTMARK PLASTICS: Seeks to Hire Omni as Administrative Agent
---------------------------------------------------------------
Brightmark Plastics Renewal, LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the District of Delaware to
employ Omni Agent Solutions, Inc. as administrative agent.
The firm will provide these services:
(a) assist with, among other things, solicitation, balloting
and tabulation of votes, and prepare any related reports, as
required in support of confirmation of a Chapter 11 plan, and in
connection with such services, process requests for documents from
parties in interest;
(b) prepare an official ballot certification and, if
necessary, testify in support of the ballot tabulation results;
(c) assist with the preparation of the Debtors' schedules of
assets and liabilities and statements of financial affairs and
gather data in conjunction therewith;
(d) provide a confidential data room, if requested;
(e) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(f) provide such other processing, solicitation, balloting,
and other administrative services described in the Engagement
Agreement.
Prior to petition date, the firm received a retainer of $50,000
from the Debtors.
Paul Deutch, an executive vice president of Omni Agent Solutions,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Paul H. Deutch
Omni Agent Solutions Inc.
5955 De Soto Ave., Suite 100
Woodland Hills, CA 91367
Telephone: (818) 906-8300
Facsimile: (818) 783-2737
Email: lacontact@omniagnt.com
About Brightmark Plastics Renewal
Brightmark Plastics Renewal LLC utilize proprietary processes and
licensed technology to convert hard-to-recycle plastic waste into
valuable chemical feedstocks that can be used to make new plastics.
This innovative approach helps reduce plastic waste by repurposing
hydrocarbons that would otherwise end up in landfills, contributing
to a more sustainable environment.
Brightmark Plastics Renewal and its affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case
No. 25-10472) on March 16, 2025. In the petitions signed by Craig
R. Jalbert, chief restructuring officer, Brightmark Plastics
Renewal disclosed up to $500 million in both assets and
liabilities.
Judge Laurie Selber Silverstein oversees the case.
The Debtors tapped Potter Anderson & Corroon, LLP as bankruptcy
counsel, SSG Capital Advisors, LLC as investment banker, and
Verdolino & Lowey, PC as restructuring advisor. Omni Agent
Solutions, Inc. is the claims, noticing and solicitation agent.
BRIGHTMARK PLASTICS: Seeks to Hire Ordinary Course Professionals
----------------------------------------------------------------
Brightmark Plastics Renewal, LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the District of Delaware to
employ non-bankruptcy professionals in the ordinary course of
business.
The Debtors need ordinary course professionals to perform services
for matters unrelated to this Chapter 11 case.
The Debtors seek to pay OCPs 100 percent of the fees and expenses
incurred.
The Debtors do not believe that any of the OCPs have an interest
materially adverse to them, their estates, creditors, or other
parties in interest in connection with the matter upon which they
are to be engaged.
The OCPs' include:
Barnes & Thornburg LLP
2029 Century Park E Ste 300
Los Angeles, CA 90067
-- Legal Services
CBIZ Inc.
6050 Oak Tree Blvd. Suite 500
Cleveland, OH 44131
-- Accounting and Audit Services
CohnReznick LLP
3560 Lenox Road NE, Suite 2900
Atlanta, GA 30326
-- Accounting and Audit Services
Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
-- Accounting and Audit Services
Faegre Drinker Biddle & Reath LLP
222 Delaware Avenue, Suite 1410
Wilmington,DE 19801
-- Legal Services
Haller Colvin P.C.
444 E. Main St.
Fort Wayne, IN 46802
-- Legal Services
Orrick, Herrington & Sutcliffe LLP
51 West 52nd Street
New York, NY 10019
-- Legal Services
PwC
300 Madison Ave
New York, NY 10017
-- Accounting and Audit Services
About Brightmark Plastics Renewal
Brightmark Plastics Renewal LLC utilize proprietary processes and
licensed technology to convert hard-to-recycle plastic waste into
valuable chemical feedstocks that can be used to make new plastics.
This innovative approach helps reduce plastic waste by repurposing
hydrocarbons that would otherwise end up in landfills, contributing
to a more sustainable environment.
Brightmark Plastics Renewal and its affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case
No. 25-10472) on March 16, 2025. In the petitions signed by Craig
R. Jalbert, chief restructuring officer, Brightmark Plastics
Renewal disclosed up to $500 million in both assets and
liabilities.
Judge Laurie Selber Silverstein oversees the case.
The Debtors tapped Potter Anderson & Corroon, LLP as bankruptcy
counsel, SSG Capital Advisors, LLC as investment banker, and
Verdolino & Lowey, PC as restructuring advisor. Omni Agent
Solutions, Inc. is the claims, noticing and solicitation agent.
BRIGHTMARK PLASTICS: Seeks to Tap SSG Advisors as Investment Banker
-------------------------------------------------------------------
Brightmark Plastics Renewal, LLC and its affiliates seek approval
from the U.S. Bankruptcy Court for the District of Delaware to
employ SSG Advisors LLC as investment banker.
The firm will provide these services:
(a) advise the Debtors on, and assist them in preparing an
information memorandum describing them, their management, and
financial status for use in discussions with prospective purchasers
and to assist in the due diligence process for a potential sale
transaction;
(b) assist the Debtors in developing a list of suitable
potential buyers who will be contacted on a discreet and
confidential basis after approval by the Debtors;
(c) coordinate the execution of confidentiality agreements for
potential buyers wishing to review the information memorandum;
(d) assist the Debtors in coordinating management calls and
site visits for interested buyers and working with management to
develop presentations for such calls and visits;
(e) solicite competitive offers from potential buyers;
(f) advise and assist the Debtors in structuring a sale
transaction, negotiating a sale transaction agreement with
potential buyers, and evaluating the proposals from potential
buyers;
(g) provide testimony in support of a sale transaction, as
necessary;
(h) assist the Debtors, their attorneys, and accountants, as
necessary, through closing of a sale transaction on a best efforts
basis; and
(i) advise and assist the Debtors in negotiations with various
stakeholders in regard to a possible restructuring of their balance
sheet.
The firm will be paid at these following fees:
(a) initial fee of $50,000;
(b) monthly fee of $50,000;
(c) restructuring fee of $750,000;
(d) sale fee of $750,000 or 2.5 percent of total
consideration.
In addition, the firm will seek reimbursement for expenses
incurred.
Mark Chesen, a managing director at SSG Advisors, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Mark E. Chesen
SSG Advisors LLC
300 Barr Harbor Drive, Suite 420
West Conshohocken, PA 19428
Telephone: (610) 940-1094
Facsimile: (810) 940-4719
About Brightmark Plastics Renewal
Brightmark Plastics Renewal LLC utilize proprietary processes and
licensed technology to convert hard-to-recycle plastic waste into
valuable chemical feedstocks that can be used to make new plastics.
This innovative approach helps reduce plastic waste by repurposing
hydrocarbons that would otherwise end up in landfills, contributing
to a more sustainable environment.
Brightmark Plastics Renewal and its affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case
No. 25-10472) on March 16, 2025. In the petitions signed by Craig
R. Jalbert, chief restructuring officer, Brightmark Plastics
Renewal disclosed up to $500 million in both assets and
liabilities.
Judge Laurie Selber Silverstein oversees the case.
The Debtors tapped Potter Anderson & Corroon, LLP as bankruptcy
counsel, SSG Capital Advisors, LLC as investment banker, and
Verdolino & Lowey, PC as restructuring advisor. Omni Agent
Solutions, Inc. is the claims, noticing and solicitation agent.
BROOKSTONE HOLDINGS: SDVF Can't Enforce Default Judgment v. Cozzia
------------------------------------------------------------------
In the case captioned as SDVF, LLC, Judgment Creditor, Plaintiff -
Appellant, and META ADVISORS LLC, Plaintiff, v. COZZIA USA LLC,
Judgment Debtor, Defendant - Appellee, No. 24-2141 (9th Cir.),
Judges Kenneth K. Lee, Eric D. Miller and Roopali H. Desaihe of the
United States Court of Appeals for the Ninth Circuit affirmed the
United States District Court for the Central District of
California's dismissal of an action seeking enforcement pursuant to
28 U.S.C. Sec. 1963 of a default judgment entered against Cozzia
USA LLC by the U.S. Bankruptcy Court for the District of Delaware
and registered in the U.S. District Court for the Central District
of California.
In August 2018, Brookstone Holdings Corp. filed for Chapter 11
bankruptcy protection in the Delaware Bankruptcy Court. The
company's reorganization plan named META Advisors LLC as a
liquidating trustee, who was charged with liquidating and
distributing the company's assets to creditors. The liquidating
trustee could also sue to recover assets. META filed an adversary
action against Cozzia -- a company that provided merchandise sold
at Brookstone -- in Delaware Bankruptcy Court. META sought to avoid
and recover certain payments from Brookstone that allegedly were
preferential, fraudulent, or post-petition under the Bankruptcy
Code.
In February 2021, the Delaware Bankruptcy Court entered default
judgment against Cozzia for over $300,000. Then in December 2021,
META assigned its title and rights in this default judgment to
SDVF, LLC, which became the new judgment creditor of the
$300,000-plus default judgment. SDVF then filed a notice of META's
assignment of the judgment in the Central District of California.
Nearly two years later, in September 2023, SDVF "registered" the
judgment in the U.S. District Court for the Central District of
California pursuant to 28 U.S.C. Sec. 1963.
Meanwhile, Cozzia moved to vacate the default judgment in Delaware.
SDVF was aware of the motion to vacate. But because SDVF never
filed a notice of the assignment in Delaware, META, not SDVF,
appeared to oppose the motion. In November 2023, the Delaware
Bankruptcy Court granted Cozzia's motion to vacate the default
judgment. As a result, the district court dismissed SDVF's action
to enforce the Delaware judgment, holding that because there is no
existing judgment to enforce, the Court must dismiss the case.
SDVF challenges this dismissal and argues that registration of the
Delaware judgment under 28 U.S.C. Sec. 1963 created a separate and
"independent" judgment that was enforceable even after the original
judgment was vacated. For that reason, SDVF argues it was denied
due process when the district court refused to enforce the
registered judgment or consider its argument that the Delaware
Bankruptcy Court erred by vacating the default judgment.
The question on appeal is whether the registered judgment is valid
if the underlying judgment was set aside. The panel held that the
registered judgment was not valid after the underlying judgment had
been set aside.
According to the Circuit Judges, neither Rule 60 of the Federal
Rules of Civil Procedure nor the court's inherent equitable power
allows SDVF to challenge the Delaware Bankruptcy Court's ruling in
the Central District of California. Rule 60 grants federal courts
authority to 'relieve a party or its legal representative' only
'from a final judgment, order, or proceeding.' But SDVF does not
challenge a final judgment. Instead, it seeks relief from the
Delaware Bankruptcy Court's order vacating the judgment that SDVF
wants to reinstate. Similarly, a court's inherent equitable power
to set aside a decision requires 'a judgment which ought not, in
equity and good conscience, to be enforced.' But an order vacating
a judgment is not such a judgment. Thus, the district court
correctly dismissed this case.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=7GWXG1
Attorney for Plaintiff-Appellant:
Craig R. Smith, Esq.
SMITH LAW FIRM
21550 Oxnard Street Suite 760
Woodland Hills, CA 91367
Attorney for for Defendant-Appellee:
Curtis C. Jung, Esq.
JUNG & YUEN LLP
2667 E. Colorado Blvd., 2nd Floor
Pasadena, CA 91107
E-mail: curtis@jyllp.com
About Brookstone Holdings
Founded in 1965, Brookstone Holdings Corp. is a U.S.-based product
developer and retailer of wellness, entertainment, and travel
products that are fun to discover, smart to use and beautiful in
design. Brookstone products are available at its 35 retail
locations in airports throughout the U.S., online at Brookstone.com
and through select premium retailers worldwide.
Brookstone Holdings and its affiliates sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No.
18-11780) on Aug. 2, 2018.
In the petitions signed by Stephen A. Gould, secretary, the Debtors
estimated assets of $50 million to $100 million and liabilities of
$100 million to $500 million.
Judge Brendan Linehan Shannon presides over the cases.
The Debtors tapped Gibson, Dunn & Crutcher LLP as their bankruptcy
counsel; Young Conaway Stargatt & Taylor, LLP as Delaware counsel;
Berkeley Research Group, LLC as financial advisor; GLC Advisors &
Co. as investment banker; and Omni Management Group, Inc., as
administrative agent.
BROWN & BROWN: Seeks to Tap Langley & Banack as Bankruptcy Counsel
------------------------------------------------------------------
Brown & Brown Resources, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Texas to hire Langley
& Banack, Inc. as counsel.
The firm's services include:
(a) advise the Debtor of its duties and powers in this Chapter
11 case; and
(b) handle all matters which come before the court in this
case.
William Davis, Jr., Esq., the primary attorney in this
representation, will be paid at his hourly rate of $425.
The firm estimated a retainer of $30,000 from the Debtor.
Mr. Davis disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
William R. Davis, Jr., Esq.
Langley & Banack, Inc.
745 E. Mulberry, Suite 700
San Antonio, TX 78212
Telephone: (210) 736-6600
Email: wrdavis@langeybanack.com
About Brown & Brown Resources Inc.
Brown & Brown Resources, Inc. operating as Home Nursing & Therapy
Services, is a home health care provider specializing in delivering
nursing and therapy services to individuals in need of in-home
care.
Brown & Brown Resources sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Texas Case No. 25-50501) on March
17, 2025, listing $2,128,167 in assets and $3,848,513 in
liabilities. Eduardo J. Guimbarda, president of Brown & Brown
Resources, signed the petition.
Judge Michael M Parker oversees the case.
William R. Davis, Jr., Esq., at Langley & Banack, Inc., represents
the Debtor as legal counsel.
BUMBLE INC: Fitch Alters Outlook on 'BB-' Long-Term IDR to Negative
-------------------------------------------------------------------
Fitch Ratings has affirmed Bumble Inc.'s and Buzz Finco LLC's
(collectively Bumble) Long-Term Issuer Default Rating (IDR) at
'BB-.' Fitch has also affirmed Buzz Finco LLC's senior secured
issue rating at 'BB+' with a Recovery Rating of 'RR1'. The Rating
Outlook has been revised to Negative from Positive.
The Negative Outlook reflects significant execution risks from
Bumble's strategic product refresh, which is expected to result in
revenue declines and margin contraction in FY25. This coincides
with an ongoing management transition which could disrupt the
product refresh road map and delay a return to revenue growth.
The IDR incorporates Bumble's strong liquidity and free cash flow
(FCF) generation, supported by conservative leverage and high
interest coverage. However, the company's reliance on its core
apps, coupled with intense sector competition, underscores the
risks associated with its limited product diversification and
potential vulnerability to market shifts.
Key Rating Drivers
Execution Risks from Product Roadmap: Fitch's Outlook revision to
Negative reflects heightened execution risks from Bumble's planned
product refresh, which is expected to drive low-single-digit
revenue declines and margin contraction for FY25. The refresh is
part of Bumble's broader strategic objectives to improve the
long-term health of the Bumble user ecosystem.
In addition, Bumble is undergoing a management transition period
including founder Whitney Wolfe Herd's appointment as CEO. Fitch
believes the management transition and product refresh may result
in some platform disruption and higher-than-expected subscriber and
market share losses. Fitch assumes high-single-digit revenue
declines in FY25 and low single revenue growth for FY26 through
FY28 to reflect these risks.
Conservative Leverage, High Interest Coverage: Fitch expects EBITDA
margins to contract by approximately 300 basis points in FY25,
reversing the gains made in FY24. This is due to increased
investments in product development and AI features. As a result,
Fitch-calculated leverage will tick up by half a turn to 2.6x for
FY25 before falling below 2.5x in FY28. Interest coverage will be
maintained above 5.5x throughout the rating horizon. The company's
leverage and coverage metrics remain strong for 'BB' category
issuers in the technology sector, despite the headwinds expected in
FY25.
Consumer Discretionary Spending Exposure: Fitch has reduced its
U.S. growth forecasts for 2025 and 2026 due to substantial import
tariff increases by the new U.S. administration, which will likely
weaken consumer confidence and spending. Fitch believes this may
deepen Bumble's revenue declines if consumers pull back on
discretionary expenses. Further deterioration in macroeconomic
conditions could delay Bumble's revenue growth until mid-FY26 or
later.
Industry Dynamics' Impact on Growth: Fitch believes the online
dating industry's emphasis on scale and monetization led to lower
user engagement and satisfaction, particularly concerns around
platform safety, quality participants and a perceived mismatch
between subscription prices and tiers. Fitch is cautiously
optimistic that Bumble's product refresh initiatives, including a
new revenue architecture, aimed at addressing these concerns will
enhance user engagement and ultimately drive revenue growth and
margin expansion in the long term.
Robust Liquidity and FCF Generation: Fitch projects FCF generation
in the mid-teens throughout the rating horizon (FY25 to FY28)
driven by low capex intensity, limited working capital
requirements, and manageable interest obligations. Bumble had $204
million in cash and full availability under its $50 million
revolving credit facility as of December 2024.
Consistent Capital Allocation Policies: Fitch expects Bumble to
maintain its current capital allocation priorities of returning
capital to shareholders via share repurchases, investments for
organic growth, and opportunistic M&A. Fitch's forecast assumes
between 70% and 80% of FCF will be used for share repurchases.
Limited Product Diversification: Bumble generates all its revenues
from the Bumble app and Badoo, which pose some credit risks as any
operational disruptions or reputational issues will have a big
impact on its revenues. The company intends to discontinue the
Fruitz and Official apps in FY25, which will have a $12 million
impact on top-line revenue (approximately 1% of FY24 revenues).
This aligns with Bumble's broader objective of focusing on its core
dating platforms.
Strong Recurring Revenue: Bumble's revenue is primarily generated
via recurring subscription payments and a la carte purchases on its
apps. Due to the nature of the dating industry, there is an
inherent level of expected recurring revenue churn if dating apps
achieve their desired target. As such, near-term revenue and cash
flow visibility is strong but not as predictive in the long term as
other businesses with similarly high levels of recurring revenue.
Significant Level of Competition: Bumble operates in a highly
competitive industry, with Match Group, owner of Tinder and Hinge,
as its main competition. Fitch believes multiple competitors can
coexist, as users often engage with and pay for several apps
simultaneously. While Bumble's emphasis on female empowerment and
safety may offer a competitive advantage, Fitch questions the
long-term sustainability against competitors with substantial
financial resources and similar initiatives.
Owner Concentration: As of April 2024, Blackstone holds combined
voting power of 62.9% in Bumble due to its ownership of class A
shares and beneficial ownership of common units. Fitch regards the
ownership structure as neutral in terms of impact. However, Fitch
acknowledges that the potential for exerting control exists, and
there is increased likelihood of large debt-financed payouts to
shareholders.
Parent-Subsidiary Linkage: Fitch equalizes the IDRs for Bumble Inc.
and Buzz Finco L.L.C. to reflect a stronger parent and high legal,
strategic and operational incentives.
Peer Analysis
Bumble's 'BB-' IDR reflects its strong market position as a safe
and female-friendly dating application, a relatively conservative
leverage profile, and robust FCF generation. These strengths are
offset by high execution risks associated with its product refresh
initiatives, which are expected to result in short-term revenue
declines and margin degradation.
Bumble is similar in scale to Quartz AcquireCo, LLC (BB-/Stable), a
company specializing in enterprise experience management software,
but Bumble has lower leverage and significantly stronger EBITDA and
FCF margins. RingCentral, Inc. (BB/Positive), which provides
cloud-based business communication solutions, has a larger scale
and higher FCF margins than Bumble. However, Bumble has higher
EBITDA margins and lower EBITDA leverage.
Bumble is also larger in scale compared to MeridianLink, Inc.
(BB-/Stable), a software solutions provider for banks and other
financial services companies. While MeridianLink has higher FCF and
EBITDA margins, it exhibits lower coverage and higher leverage
metrics.
These companies are not direct peers to Bumble, as they cater to
different end markets, including enterprise customers. Notably,
some of these peers offer mission-critical software, resulting in
stickier revenue compared to Bumble, which is more exposed to
consumer discretionary spending.
Key Assumptions
- FY25 revenues decline by 8%, reflecting the loss of paying users
on the Bumble app due to product and platform improvements. Fitch
expects flat to low single-digit growth for the remainder of the
rating horizon (FY26 through FY28), reflecting uncertainty about
the Bumble app's return to revenue growth and a continued decline
in Badoo's revenue base;
- EBITDA margins contract by approximately 300 basis points in
FY25, reflecting increased product innovation expenses and
investments in AI features. Margins remain in the low to mid-25%
range over the rating horizon;
- Capital expenditure intensity is maintained at 2.5% of revenues;
- Between 70% and 80% of annual FCF is utilized for share
buybacks;
- The outstanding term loan is refinanced in FY27;
- SOFR interest rate assumptions are projected to decline to 4% by
FY28.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Steeper than expected revenue declines due to platform
disruptions and/or slowing consumer spend on dating apps in the
U.S.;
- Competitors taking material market share from Bumble, resulting
in poor operating performance and depressed profitability. Fitch
believes indicators would be EBITDA margins sustained near or below
20%;
- Sustained low single-digit FCF margins.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
Fitch could resolve the Negative Outlook within its typical 12- to
24-month time frame if Bumble's revenue and EBITDA margins are
stabilized, particularly a return to positive revenue growth in
FY26.
- If Fitch believes management will sustain capital and financial
policies appropriate for a 'BB' rating level;
- EBITDA margin improvements from product refresh plan sustained
with revenue growth and diversification resulting in leverage
maintained below 3.0x;
- Sustained double-digit FCF margins.
Liquidity and Debt Structure
Bumble had $204 million in cash and full availability under its $50
million revolving credit facility as of December 2024. In addition,
Bumble's capital structure comprises an undrawn $50 million
revolving credit facility maturing in 2026 and $621 million term
loan due Jan. 29, 2027.
Issuer Profile
Bumble Inc. builds and operates dating and social networking mobile
applications, notably Bumble and Badoo, which are two of the top
five dating apps globally. Bumble has more than 42 million monthly
active users across its operated apps.
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
Bumble has an ESG Relevance Score of '4' for social impacts due to
its position as a female-friendly dating application seeking to
mitigate harassment or abusive language frequently experienced by
women on dating applications. This has a positive impact on the
credit profile and is relevant to the ratings in conjunction with
other factors. Fitch believes that Bumble's female-friendly
policies give it a competitive advantage in online dating, which
bolsters the strong market position and supports user retention.
Bumble has an ESG Relevance Score of '4' for governance structure
due to Blackstone's singular control of all operational and
financing decisions, which is relevant to the ratings in
conjunction with other factors.
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
----------- ------ -------- -----
Bumble Inc. LT IDR BB- Affirmed BB-
Buzz Finco L.L.C. LT IDR BB- Affirmed BB-
senior secured LT BB+ Affirmed RR1 BB+
BUTLER TRUCKING: Unsecureds to Get 7.8 Cents on Dollar in Plan
--------------------------------------------------------------
Butler Trucking, LLC filed with the U.S. Bankruptcy Court for the
Northern District of Ohio a Chapter 11 Plan under Subchapter V
dated March 11, 2025.
The Debtor is an Ohio Limited Liability Company. The Debtor was
founded in September of 2018 by a Mr. Justin Butler. ("Mr.
Butler"). Mr. Butler is the 100% owner of the Debtor and its
managing member and handles the day-to-day operations of the
Debtor.
At the commencement of the Case, the Debtor owned and operated 23
trucks and had 14 persons working for it. Some of these persons are
independent contractors; others are directly employed by the
Debtor. The Debtor's business operations are now conducted from an
office building and spaced leased at 582 N. Sandusky Street,
Tiffin, Ohio.
With the exception of Fundation, each of these creditors entered
into Merchant Cash Advance Agreements with the Debtor. For each of
the creditors, the Debtor has filed an Adversary Proceeding to
avoid any interest claimed by such creditor in the Debtor's
property. The basis for such a claim is predicated on such
creditor's claim not attaching to any equity in the Debtor's
property on account of the first lien position held by the SBA.
In terms of unsecured debt, the Debtor believes that there exists
approximately $102,635.67 in total claims. In addition, the
Internal Revenue Service has filed a priority claim for taxes in
the $9,362.44 (Cl. 4-1). This claim, however, is based upon an
estimate.
The Plan Proponent's financial projections show that the Debtor
will have total projected disposable income for the three-year term
of this Plan of $22,854.76. The final Plan payment is expected to
be paid on the Third Anniversary from the Effective Date of this
Plan.
This Plan of Reorganization under chapter 11 of the Bankruptcy Code
proposes to pay creditors of the Debtor from its Disposable
Income.
Non-priority unsecured creditors holding allowed claims will
receive estimated distributions over the length of this Plan of
$22,854.76. ("Total Disposable Income") which the proponent of this
Plan has valued at approximately 7.8 cents on the dollar. The
allowed unsecured claims total $291,103.96 (est.).
Class 9 consists of General Unsecured Claims. Allowed unsecured
claims will be paid pro-rata from the Debtor's Disposable Income,
after and subject to the payment of those administrative expenses
and costs provides for in Article 3 of this Plan. In no event,
however, shall allowed claims in this Class, as a group, receive
less than the Liquidation Value of the Debtor's assets. No interest
shall accrue on any Claims in this Class.
The Debtor's Disposable Income shall be based upon the net income
received by the Debtor based upon those cash flow projections.
Based upon these projections, the Debtor's total disposable income
over the length of this Plan is $22,854.76.
The Debtor shall make equal monthly payments of its Disposable
Income in the amount $634.85 Such payments shall be disbursed,
pro-rata, to claimants holding allowed claims. Such payments shall
commence by the Reorganized Debtor on the fifth day of the month
following the Effective Date of this Plan and shall continue to be
made on the first day each month thereafter until completion of the
Plan unless such day falls on a Saturday, Sunday or other federal
holiday in which case such payment shall be due on the first
business day thereafter.
Class 10 consists of the outstanding membership interest held by
Mr. Butler in the Debtor. Confirmation of this Plan shall cause all
prepetition membership interests issued by the Debtor to be
revested in and retained by those entities holding an interest in
the outstanding membership interest of the Debtor as of the
Petition Date and shall be subject to and based upon the terms and
conditions as they existed on the Petition Date including under any
Operating Agreements and other duly executed business documents.
The Plan will be implemented and funded through the future business
operations of the Debtor. The Debtor may also seek to obtain
post-confirmation financing. In particular, the Debtor may seek to
factor its accounts receivable. As a part of its reorganization,
the Debtor may sell or lease its Vehicles to the extent that it
determined that a sale or lease of the Vehicles would be beneficial
to the Debtor's business operations and its implementation of this
Plan.
A full-text copy of the Chapter 11 Plan dated March 11, 2025 is
available at https://urlcurt.com/u?l=psaJ0b from PacerMonitor.com
at no charge.
The firm can be reached through:
Eric R. Neuman, Esq.
Diller and Rice LLC
124 E. Main Street
Van Wert, OH 45891
Tel: (419) 238-5025
Fax: (419) 238-4705
Email: Eric@drlawllc.com
About Butler Trucking LLC
Butler Trucking LLC operates as freight for hire service, hauling
freight for its customers in over the road trucks and trailers. The
Debtor sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ohio Case No. 24-32443-jpg) on December 17, 2024.
In the petition signed by Justin Butler, managing member, the
Debtor disclosed up to $100,000 in assets and up to $1 million in
liabilities.
John P Gustafson oversees the case.
Eric Neuman, Esq., at Diller and Rice, LLC, is the Debtor's legal
counsel.
C & C LAS VEGAS: Seeks to Hire Michael J. Harker as Attorney
------------------------------------------------------------
C & C Las Vegas LLC seeks approval from the U.S. Bankruptcy Court
for the District of Nevada to hire Law Offices of Michael J. Harker
as attorney.
The firm's services include:
a. advising and representing the Debtor concerning the rights
and remedies of the estate in regards to the assets of the estate,
with respect to the secured, priority, and general claims of
creditors;
b. advising and representing the Debtor in connection with
financial and business matters including the sale of any assets;
c. advising and representing Debtor in connection with the
investigation of potential causes of action against persons or
entities, including but not limited to, avoidance actions, and the
litigation thereof if warranted;
d. representing Debtor in any proceeding or hearing in the
Bankruptcy Court, and in any action in other courts in which the
rights of the estate may be litigated or affected;
e. conducting examinations of witnesses, claimants, or adverse
parties and preparing and assisting in the preparation of reports,
accounts, applications, and orders;
f. advising and representing the Debtor in the negotiation,
formulation, and drafting of any plan of reorganization and
disclosure statement;
g. advising and representing the Debtor in the performance of
its duties and exercise of its powers under the Bankruptcy Code,
Bankruptcy Rules, Local Rules, and the Trustee Guidelines; and
h. providing to the Debtor other necessary advice and services
as the Debtor may require in connection with this Chapter 11 case.
The firm will be paid at these rates:
Attorney $425 per hour
Associate Attorney $275 per hour
Paraprofessionals $175 per hour
The firm will be paid a retainer in the amount of $7,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael J. Harker, Esq., a partner at The Law Offices of Michael J.
Harker, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Michael J. Harker, Esq.
THE LAW OFFICES OF MICHAEL J. HARKER
2901 El Camino Ave. #200
Las Vegas, NV 89102
Telephone: (702) 246-3000
Facsimile: (702) 425-7290
About C & C Las Vegas LLC
C & C Las Vegas LLC is a limited liability company.
C & C Las Vegas LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev.Case No.: 25-10406) on January 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Michael J. Harker, Esq. at LAW OFFICES
OF MICHAEL J. HARKER.
CAMPBELL FAMILY: Hires Gainspoletti & Associates as Accountant
--------------------------------------------------------------
Campbell Family Enterprises, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Mississippi to employ
Gainspoletti & Associates, CPA, LLC as its accountant.
The firm will provide these services:
(a) bookkeeping and financial record-keeping;
(b) tax planning and strategy;
(c) preparation of tax returns; and
(d) assistance with financial reporting required by the
bankruptcy process.
The firm will be paid at these hourly rates:
Jennifer Armstrong, CPA $475
Marcia House, CPA $169
Kelly Matthews, EA $90
Kelly Matthews, a member at Gainspoletti & Associates, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Kelly Matthews
Gainspoletti & Associates, CPA, LLC
805 West Sunflower Road
Cleveland, MS 38732
Telephone: (662) 843-6090
About Campbell Family Enterprises
Campbell Family Enterprises, Inc. sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Miss. Case No.
25-10364) on February 4, 2025. In the petition signed by Phillip
Campbell, a member, the Debtor disclosed up to $500,000 in assets
and up to $1 million in liabilities.
Judge Selene D. Maddox oversees the case.
The Debtor tapped Thomas C. Rollins, Jr., Esq., at The Rollins Law
Firm, PLLC as legal counsel and Gainspoletti & Associates, CPA, LLC
as accountant.
CANOO INC: Accused of Concealing Assets in Bankruptcy Proceedings
-----------------------------------------------------------------
Brad Anderson of Carscoops reports that after filing for Chapter 7
bankruptcy in January and ceasing all operations, electric vehicle
startup Canoo is now at the center of a legal battle involving
claims of undisclosed assets, questionable sale practices, and
allegations that its CEO, Tony Aquila, received preferential
treatment.
On March 28, 2025, electric truck company Harbinger submitted a
formal objection to the sale of Canoo's assets to Aquila, arguing
the process "unfairly favored Mr. Aquila." According to the filing,
Canoo failed to disclose certain assets acquired from the defunct
EV startup Arrival. Harbinger also claims that the sale was
approved without an independent appraisal or any effort to market
the assets to other potential buyers. The objection further
highlights that Aquila is purchasing unnamed trade secrets known
only to him. "A process where only one bidder—an insider—has
the ability to identify the assets and assess their value is not a
fair process," the complaint states.
Canoo's financial troubles predate the bankruptcy. Since its
inception in 2017, the company has reported minimal revenue and
mounting losses -- $488 million in 2022, $303 million in 2023, and
$118 million in the first half of 2024. In contrast, Canoo
generated zero revenue in 2022 and under $900,000 in 2023. Adding
to the controversy, Harbinger alleges Canoo listed assets for sale
that it did not legally own. Though the objection does not detail
which assets, Harbinger claims access to the company's virtual data
room during its own evaluation revealed the discrepancy, as
reported by TechCrunch.
The sale also carries legal implications. Canoo sued Harbinger in
2022, accusing former employees of stealing trade secrets to launch
the competing startup. That lawsuit remains ongoing, and under the
terms of the asset sale, Aquila would personally benefit from any
settlement or judgment in Canoo's favor, the report states.
About Canoo Inc.
Torrance, California-based Canoo Inc. -- http://www.canoo.com/--
is a high tech advanced mobility technology company with a
proprietary modular electric vehicle platform and connected
services initially focused on commercial fleet, government and
military customers. The Company has developed a breakthrough EV
platform that it believes will enable it to rapidly innovate,
iterate and bring new products, addressing multiple use cases, to
market faster than its competition and at lower cost.
Canoo Inc. sought relief under Chapter 7 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10094) on January 17, 2025.
Honorable Bankruptcy Judge Brendan Linehan Shannon handles the
case.
The Debtor is represented by Robert Alan Weber, Esq. at Chipman
Brown Cicero & Cole, LLP.
CAPO 35191: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: Capo 35191 LLC
24325 Crenshaw Blvd.
Torrance, CA 90505
Business Description: Capo 35191 LLC is a real estate debtor that
holds a single asset, as defined by 11
U.S.C. Section 101(51B). Its main property
is located at 35191 Camino Capistrano,
Capistrano Beach, CA 92624.
Chapter 11 Petition Date: April 4, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-12796
Judge: Hon. Deborah J Saltzman
Debtor's Counsel: Krystina T. Tran, Esq.
LAW OFFICES OF KRYSTINA T TRAN
17011 Beach Blvd, Suite 830
Huntington Beach, CA 92647
Tel: (949) 797-9090
Fax: (949) 393-3999
Email: ktran@ktranlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Victoria Collins as member.
The Debtor stated in the petition there are no unsecured
creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SN7TZNI/Capo_35191_LLC__cacbke-25-12796__0001.0.pdf?mcid=tGE4TAMA
CAROLINA PROUD: Seeks to Hire C. Scott Kirk as Bankruptcy Counsel
-----------------------------------------------------------------
Carolina Proud Investment Group, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to
employ C. Scott Kirk, Attorney at Law, PLLC as counsel.
The firm will render these services:
(a) prepare on behalf of the Debtor all necessary legal
documents necessary for its reorganization;
(b) perform all necessary legal services in connection with
the Debtor's reorganization; and
(c) perform all other legal services for the Debtor which may
be necessary for a Chapter 11 case.
The firm will be paid at these hourly rates:
C. Scott Kirk, Attorney $350
Paralegals $100
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $4,500 from the Debtor.
Mr. Kirk disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
C. Scott Kirk, Esq.
C. Scott Kirk, Attorney at Law, PLLC
1025C Director Ct.
Greenville, NC 27858
Telephone: (252) 689-6249
About Carolina Proud Investment Group
Carolina Proud Investment Group LLC's business involves owning and
managing a portfolio of residential and commercial properties,
including rental units and vacant land, across multiple locations
in North Carolina and Ohio.
Carolina Proud Investment Group LLC sought relief under Subchapter
V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.C. Case
No. 25-01063) on March 24, 2025. In its petition, the Debtor
reports total assets of $1,035,550 and total liabilities of
$797,689.
Honorable Bankruptcy Judge Pamela W. McAfee handles the case.
The Debtor is represented by C. Scott Kirk, Attorney at Law, PLLC.
CATHOLIC FAITH: Seeks to Tap Evans & Mullinix as Bankruptcy Counsel
-------------------------------------------------------------------
Catholic Faith Store, LLC seeks approval from the U.S. Bankruptcy
Court for the District of Kansas to employ Evans & Mullinix, PA to
handle its Chapter 11 case.
The hourly rates of the firm's counsel and staff are as follows:
Colin Gotham, Attorney $350
Paralegals $125
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $10,000 plus a filing fee of $1,738
from the Debtor.
Mr. Gotham disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Colin N. Gotham, Esq.
Evans & Mullinix, PA
7225 Renner Road, Suite 200
Shawnee, KS 66217
Telephone: (913) 962-8700
Facsimile: (913) 962-8701
Email: cgotham@emlawkc.com
About Catholic Faith Store
Catholic Faith Store LLC, d/b/a Heartland Store, is an online
retailer specializing in Catholic religious products, including
jewelry, rosaries, Bibles, and sacramental gifts. Since 2005, the
Company has been dedicated to providing meaningful religious items
for various occasions such as baptisms, communions, ordinations and
weddings.
Catholic Faith Store LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 25-20342) on March 24,
2025. In its petition, the Debtor reports total assets as of March
18, 2025, amounting to $1,761,497 and total liabilities as of March
18, 2025, of $1,823,178.
Honorable Bankruptcy Judge Dale L. Somers handles the case.
The Debtor is represented by Colin Gotham, Esq. at Evans &
Mullinix, PA.
CELEBRATION POINTE: Gets OK to Tap Globic Advisors as Claims Agent
------------------------------------------------------------------
Celebration Pointe Holdings, LLC and its affiliates received
approval from the U.S. Bankruptcy Court for the Northern District
of Florida to employ Globic Advisors, Inc. as noticing and
solicitation agent for bondholders.
Globic will render these services:
a) provide assistance in developing the mechanical aspects of
the balloting strategy;
b) provide assistance in crafting the language to be used in
communicating the solicitation to bondholders, working closely with
you and the working group and focusing on the mechanical aspects of
the documents, which will include the drafting of ancillary
documents such as the ballots (master and beneficial holder);
c) transmit the solicitation to the Depository Trust Company,
its Participant Banks, and bondholders;
d) coordinate printing with financial printers or copy shops
(as appropriate);
e) provide a help-line to handle questions from holders,
Custodians, Clearing Systems, Brokers, and any other
Intermediaries;
f) disseminate any notices during the balloting period
including but not limited to possible extension and/or publication
of results;
g) monitor the responses of each broker and bank holding bonds
on behalf of their customers; coordinate with "back-offices" of
other brokerage and banking companies whose customers hold the
securities; and
h) tabulate the ballots and present a final tabulation
certificate (with all supporting data).
The estimated fee for Globic is $8,000.
Globic does not represent or hold any interest adverse to the
Debtor, its estate or creditors in the matter upon which the firm
is engaged, and is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached through:
Robert Stevens
Globic Advisors
485 Madison Avenue, 7th Floor
New York, NY 10022
Tel: (212) 227-9699
Fax: (212) 271-3252
Email: rstevens@globic.com
About Celebration Pointe Holdings
Celebration Pointe Holdings, LLC and its affiliates filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. N.D. Fla. Lead Case No. 24-10056) on Mar. 14, 2024. The
case is jointly administered in Case No. 24-10056. In the petitions
signed by Svein H. Dyrkolbotn, manager of SHD-Celebration Pointe,
LLC, Celebration Pointe Holdings and Celebration Pointe Holdings II
disclosed $100 million to $500 million in both assets and
liabilities.
R. Scott Shuker, Esq. at Shuker & Dorris, PA represents the Debtors
as counsel.
CELSIUS NETWORK: Creditor's Appeal of Plan Confirmation Order Nixed
-------------------------------------------------------------------
Judge Andrew L. Carter Jr. of the United States District Court for
the Southern District of New York granted the motion filed by
Celsius Network LLC and its debtor affiliates to dismiss the appeal
of pro se creditor Richard Phillips from the order of the United
States Bankruptcy Court for the Southern District of New York
confirming the Debtors' Modified Joint Chapter 11 Plan.
The District Court Court finds that Phillips' appeal is equitably
moot because the Plan has been substantially consummated. In this
case, the Appellant has not satisfied any of the Chateaugay
factors.
The instant appeal focuses on multiple issues related to the
Bankruptcy Court's order, including:
(a) whether the Bankruptcy Court erred in denying him the
opportunity to take additional fact witness depositions sixteen
days after the deadline for such depositions;
(b) whether the Release and Exculpation provisions in the Plan
are overly broad, including whether
such provisions should include a carve-out for the Debtors' and
Committee's professionals;
(c) whether the releases contained in the Plan were
non-consensual, coercive releases; and
(d) whether the Bankruptcy Court erred in allegedly prohibiting
the Litigation Administrators and
Plan Administrator from pursuing actions against the Debtors' and
the Committee's professionals.
The District Court finds Phillips cannot show that effective relief
is available. According to the Debtors, the Plan's underlying
agreements have been executed, including billions of dollars of
cryptocurrency that have been distributed in reliance on these
agreements.
The Appellant also cannot also argue that the relief will not
affect the re-emergence of the debtor as a revitalized corporate
entity. If the Release and Exculpation provisions are modified, the
Debtors would be subject to different terms than would have been
agreed to in the Plan, the District Court notes.
According to the District Court, the Release and Exculpation
provisions cannot be carved out without modifying the transactions
that overall arrangements spelled out in the Plan, including
requiring Post-Effective Date Debtors to undo the careful
negotiation and litigation that went into to developing and
confirming the Plan. As of last year, the Debtors have made
significant distributions under the Plan and distributions remain
ongoing to creditors who are non-parties. The recoupment of these
funds from them, in addition to being impracticable, would impose
an unfair hardship on faultless beneficiaries who are not parties
to this appeal, the District Court concludes.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=TXJYFM from PacerMonitor.com.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred
January 31, 2024.
CEMTREX INC: S.H.N. Financial Reports 0.01% Stake as of Dec. 31
---------------------------------------------------------------
S.H.N. Financial Investments Ltd. disclosed in a Schedule 13G filed
with the U.S. Securities and Exchange Commission that as of
December 31, 2024, it beneficially owned 112 warrants to purchase
Common Stock of Cemtrex, Inc., representing 0.01% of the 1,784,575
shares outstanding as of February 7, 2025.
S.H.N. Financial Investments Ltd. may be reached through:
Nir Shamir, Chief Executive Officer
Herzliya Hills, Arik Einstein 3
Israel, 4610301
A full-text copy of S.H.N. Financial's SEC report is available at:
https://tinyurl.com/mr337az7
About Cemtrex
Cemtrex, Inc. was incorporated in 1998 in the state of Delaware and
has evolved through strategic acquisitions and internal growth into
a multi-industry company. During the first quarter of fiscal year
2023, the Company reorganized its reporting segments to be in line
with its current structure consisting of (i) Security, (ii)
Industrial Services, and (iii) Cemtrex Corporate.
Jericho, New York-based Grassi & Co, CPAs, P.C., the Company's
auditor since 2021, issued a "going concern" qualification in its
report dated Dec. 30, 2024, citing that the Company has sustained
net losses and has significant short-term debt obligations, which
raise substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, Cemtrex had $46,689,423 million in total
assets, $48,178,944 in total liabilities, $70,013 in
non-controlling interest, and $1,559,534 in total stockholders'
deficit.
CHABAD OF GRAMERCY: Seeks to Hire Alla Kachan P.C. as Attorney
--------------------------------------------------------------
Chabad of Gramercy Park seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Law Offices of
Alla Kachan P.C. as attorney.
The firm will provide these services:
(a) assist the Debtor in administering this Chapter 11 case;
(b) make such motions or take such action as may be
appropriate or necessary under the Bankruptcy Code;
(c) represent Debtor in prosecuting adversary proceedings to
collect assets of the estate and such other actions as it deems
appropriate;
(d) take such steps as may be necessary for the Debtor to
marshal and protect the estate's assets;
(e) negotiate with the Debtor's creditor in formulating a plan
of reorganization in this case;
(f) draft and prosecute the confirmation of the Debtor's plan
of reorganization in this case; and
(g) render such additional services as the Debtor may require
in this case.
The hourly rates of the firm's counsel and staff are as follows:
Attorney $475
Clerks/Paraprfessionals $250
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received an initial retainer in the amount of $20,000.
Alla Kachan, Esq., an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Alla Kachan, Esq.
Law Offices of Alla Kachan, PC
2799 Coey Island Avenue, Suite 202
Brooklyn, NY 11235
Telephone: (718) 513-3145
About Chabad of Gramercy Park
Chabad of Gramercy Park owns a portfolio of five properties
situated across various locations in New York, with a combined
estimated value of $13.77 million.
Chabad of Gramercy Park sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No.: 25-40105) on January 8,
2025. In its petition, the Debtor reports total assets of
$13,770,000 and total liabilities of 24,715,943.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
Alla Kachan, Esq., at Law Offices of Alla Kachan P.C., represents
the Debtor as counsel.
CHABAD OF GRAMERCY: Seeks to Tap Estelle Miller as Accountant
-------------------------------------------------------------
Chabad of Gramercy Park seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Estelle Miller,
a certified public accountant practicing in Bellmore, New York, as
its accountant.
The accountant will render these services:
(a) gather and verify all pertinent information required to
compile and prepare monthly operating reports; and
(b) prepare monthly operating reports for the Debtor.
Ms. Miller will be compensated at a monthly fee of $300.
She also received an initial retainer fee of $3,000 from the
Debtor.
Ms. Miller disclosed in a court filing that she is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The accountant can be reached at:
Estelle Miller, CPA
Bellmore, NY 11710
Telephone: (347) 570-7002
Email: estellemillercpa@gmail.com
About Chabad of Gramercy Park
Chabad of Gramercy Park owns a portfolio of five properties
situated across various locations in New York, with a combined
estimated value of $13.77 million.
Chabad of Gramercy Park sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No.: 25-40105) on January 8,
2025. In its petition, the Debtor reports total assets of
$13,770,000 and total liabilities of 24,715,943.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
Alla Kachan, Esq., at Law Offices of Alla Kachan P.C., represents
the Debtor as counsel.
CHARLES V. LONG: Motion to Strike in Texas Raw Oil Suit Denied
--------------------------------------------------------------
Judge Sarah A. Hall of the United States Bankruptcy Court for the
Western District of Oklahoma denied the Plaintiffs' Motion to
Strike and Notice of Opportunity for Hearing in the case captioned
as TEXAS RAW OIL & GAS, INC., GOLD STAR ENERGY, LLC, and
OLJEINVEST, LLC, Plaintiffs, v. CHARLES V. LONG, JR., Defendant,
Adv. Pro. 24-01016 -SAH (Bankr. W.D. Okla.).
Defendant Charles V. Long, Jr. filed the Defendant's Response in
Opposition to Plaintiffs' Motion to Strike on March 24, 2025. In
the Motion, Plaintiffs seek an order striking the Affidavit of
Dorsey T. Roach attached to and supporting the Response.
The Motion is silent as to the basis of the Court's authority to
strike the Affidavit.
The Court says Plaintiffs should have incorporated their arguments
in their reply to the Response rather than file a separate motion
to strike. Moreover, the Court is fully capable of assessing the
admissibility and relevancy of the statements made in the Affidavit
in the course of reviewing the Summary Judgment Motion, which
specifically captures Plaintiffs' third, fourth, and fifth reasons
for striking the Affidavit. The Motion is, therefore, denied, the
Court holds.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=OXh4Ye from PacerMonitor.com.
Charles V. Long, Jr. filed for Chapter 11 bankruptcy protection
(Bankr. W.D. Okla. Case No. 23-10316) on February 14, 2023, listing
under $1 million in both assets and liabilities. The Debtor is
represented by Stephen J. Moriarty, Esq., at Fellers Snider.
CIBUS INC: Posts $282.7M Loss in 2024, Raises 'Going Concern' Doubt
-------------------------------------------------------------------
Cibus, Inc. filed its Annual Report on Form 10-K with the U.S.
Securities and Exchange Commission, reporting a net loss of $282.7
million for the year ended December 31, 2024, as compared to a net
loss of $337.6 million in 2023.
For the year ended December 31, 2024, the Company recognized $4.3
million in net revenue and $1.8 million in 2023.
San Diego, Calif.-based BDO USA, P.C., the Company's auditor since
2023, issued a "going concern" qualification in its report dated
March 20, 2025. The report highlights that the Company has
suffered recurring losses from operations and negative cash flows
from operations that raise substantial doubt about its ability to
continue as a going concern.
Cibus' ability to continue as a going concern will depend on its
ability to obtain additional financing in the near term.
As of December 31, 2024, the Company had an accumulated deficit of
$731.2 million.
In the absence of significant additional financing, there will
likely continue to be substantial doubt about Cibus' ability to
continue as a going concern. To finance Cibus' continued operations
under its current business plan over the next 12 months, Cibus will
need to raise additional capital in addition to incremental
proceeds raised pursuant to its ongoing at-the-market (ATM) equity
program. Such financing may not be available within Cibus' required
timeframes, on acceptable terms, or at all. Furthermore, the
Company's ability to raise additional capital may be limited by
applicable SEC rules and Nasdaq shareholder approval requirements.
In light of the foregoing needs and constraints on the Company's
capital resources, its Board of Directors will continue to evaluate
a full range of strategic alternatives to maximize shareholder
value, which may include potential equity or debt financing
transactions, business combination transactions (including an
acquisition or merger transaction), sales of assets, licensing, and
other strategic transactions. Certain potential strategic
transaction alternatives could:
(i) result in substantial additional dilution to existing
stockholders,
(ii) result in the issuance of securities with preferences over
Cibus' existing Common Stock,
(iii) subject the Company to covenants that impose operational
restrictions,
(iv) require it to relinquish potentially valuable rights to
pipeline traits or proprietary technologies,
(v) result in the granting of licenses on terms that are not
favorable to the Company, or
(vi) have a material adverse effect on the market price of the
Class A Common Stock.
In the fourth quarter of 2023, Cibus implemented a strategic
realignment pursuant to which the Company initiated cost reduction
initiatives designed to preserve capital resources for the
advancement of Cibus' priority objectives, which initiatives
included reductions in capital expenditures, streamlining of
independent contractor utilization, and prioritization of near-term
payment obligations. Additionally, in the fourth quarter of 2024,
the Company initiated its Restructuring Initiative designed to
preserve capital resources for the advancement of its streamlined
priority objectives, which initiatives include reductions in
expenditures for consultants and other third-party service
providers, organizational restructuring and related talent
optimization, and streamlining of rent and facility expenses,
including the non-renewal of the lease for the Company's Oberlin
facility upon expiration in August 2025.
If Cibus fails to obtain substantial funding or consummate a
strategic transaction in the next several months and is unable to
continue as a going concern, it may be required to discontinue or
delay one or more of its development programs or to wind-down its
business through the initiation of bankruptcy proceedings. In the
event of a wind-down, it is likely that holders of Cibus' Common
Stock will lose all or part of their investment. If Cibus seeks
additional financing to fund its business activities in the future
and there is substantial doubt about its ability to continue as a
going concern, investors or other financing sources may be
unwilling to provide additional funding to Cibus on commercially
reasonable terms or at all.
Management Commentary
"I am energized by the momentum we're building across our key
markets," stated Peter Beetham, Co-Founder, Interim CEO, President
and COO. "The opportunities for our gene-edited traits aren't years
away – they are materializing now. Our herbicide tolerance traits
in Rice are generating commercial interest across markets including
Uruguay, Colombia, Brazil, Asia and the United States, representing
significant potential future royalties when peak sales are achieved
following commercial availability. With our traits moving into
customer germplasm and field trials showing promising results, and
with the regulatory environment for gene-edited traits making
significant positive progress, including especially in the EU, I
believe we are positioned to capture significant value for our
shareholders."
"What differentiates Cibus is our proprietary Rapid Trait
Development System™ (RTDS) gene editing process which enables us
to edit a customer's elite germplasm and return it with a specific
trait in under 12 months, creating a time bound and predictable
model for trait development and commercialization that's unlike
anything agriculture has seen before. This is the significant value
of our standardized platform – rapidly delivering traits to seed
companies that in turn help farmers address their most pressing
productivity challenges while positioning Cibus to capture the
significant commercial value that will follow."
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/3yc3eccx
About Cibus Inc.
Headquartered in San Diego, Calif., Cibus, Inc. is an agricultural
biotechnology company that uses proprietary gene editing
technologies to develop plant traits (or specific genetic
characteristics) in seeds. Its primary business is the development
of plant traits that help address specific productivity or yield
challenges in farming such as traits for weed management and
disease resistance. These traits are referred to as productivity
traits because they can improve farming productivity, profitability
and sustainability. Certain productivity traits lead to the
reduction in the use of chemicals like fungicides, insecticides, or
the reduction of fertilizer use, while others make crops more
adaptable to their environment or to climate change. The ability
to develop productivity traits in seeds that can increase farming
productivity and reduce the use of chemicals in farming is the
promise of gene editing technologies.
As of December 31, 2024, the Company had $350.1 million in total
assets, $252.2 million in total liabilities, $5.7 million in
redeemable noncontrolling interest and $92.2 million in total
stockholders' equity.
CLINICAL NETWORK: Seeks to Hire Haberbush LLP as Counsel
--------------------------------------------------------
Clinical Network Research Development Corp. seeks approval from the
U.S. Bankruptcy Court for the Central District of California to
employ Haberbush, LLP as counsel.
The firm will provide these services:
(a) advise, consult, prosecute for, and defend the Debtor
concerning issues arising in regard to the conduct of the estate,
its rights and remedies with regard to the estate's assets, and the
claims of secured, priority and unsecured creditors;
(b) appear for and represent the Debtor's interest in
obtaining court approval for the hiring of professionals, and
assist and advise regarding the liquidation of the estate's
property;
(c) investigate and prosecute, if appropriate, preference,
fraudulent transfer, and other actions arising under the Debtor's
avoiding powers, should such causes of action exist;
(d) assist in the preparation of such pleadings, applications,
and orders as are required for the orderly administration of this
estate;
(e) advise, consult and represent Debtor in such legal actions
as are necessary concerning the use and disposition of property of
the estate;
(f) advise and consult with Debtor, prosecute for it, and
defend concerning claims made against the estate or claims made by
the estate;
(g) advise, consult and prosecute the approval of a plan of
reorganization; and
(h) advise, consult, and assist the Debtor with the Guidelines
of the United States Trustee, the Local Bankruptcy Rules of this
court, Title 11 of the United States Code, and the Federal Rules of
Bankruptcy Procedure.
The firm will be paid at these rates:
David Haberbush, Attorney $550 per hour
Richard Brownstein, Attorney $550 per hour
Vanessa Haberbush, Attorney $350 per hour
Lane Bogard, Attorney $325 per hour
Alexander Haberbush, Attorney $250 per hour
On February 25, 2025, the firm received a post-petition payment of
$5,000 from the Debtor's insider, Pierrick Brillouet, as a gift.
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Haberbush disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
David R. Haberbush, Esq.
Haberbush LLP
444 West Ocean Boulevard, Suite 1400
Long Beach, CA 90802
Telephone: (562) 435-3456
Facsimile: (562) 435-6335
Email: dhaberbush@lbinsolvency.com
About Clinical Network Research Development Corp.
Clinical Network Research Development Corp. offers a serene, safe,
sober living environment for quality and affordable structured
transitional living.
Clinical Network Research Development Corp. sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No.
24-12055 on December 10, 2024. In the petition filed by Yong Chu
Kim Brillouet, as CEO, president and chief executive, the Debtor
reports estimated assets and liabilities between $1 million and $10
million each.
Honorable Bankruptcy Judge Martin R. Barash handles the case.
The Debtor is represented by:
Michael L. Tusken, Esq.
LAW OFFICES OF MICHAEL TUSKEN
1510 West Whittier Boulevard, #42
La Habra CA 90631
Tel: (562) 365-9495
Fax: (562) 252-8529
E-mail: Michael@TuskenLaw.com
CLST ENTERPRISES: Court Approves Auction Sale of Real Property
--------------------------------------------------------------
Chief Judge Martin Glenn of the United States Bankruptcy Court for
the Southern District of New York granted the motion of Kenneth P.
Silverman, Esq., solely in his capacity as Chapter 11 Trustee of
the estate of CLST Enterprises, LLC, for entry of an order:
1. Authorizing and approving terms and conditions of sale of the
Debtor's real property,
free and clear of all liens, claims and encumbrances;
2. Establishing auction and notice procedures;
3. Providing for the removal of all occupants and personal
property remaining in the real property; and
4. Granting related relief.
The Debtor has a 100% ownership interest in the real property known
as and located at 19 E. 75th Street, New York, New York 10021. The
sole principals of the Debtor are Carl Thomson and Margaret
Thomson.
The Trustee represents that the Debtor is the 100% owner of the
Real Property, a multistory building. The Principals reside on the
upper three floors of the Real Property and do not pay rent to the
Debtor.
The Trustee claims that the sale of the Real Property should
provide a significant benefit to the estate and its creditors, and
that the proposed Sale Procedures will advance his
efforts to maximize the net value realized from sale of the Real
Property. He separately claims that the removal of the Principals
and their personal property from the Real Property is necessary to
maximize value to the estate through the completion of the Auction
Sale.
The Court approves the Sale Procedures.
Judge Glenn explains, "First, the Motion complies with the
Guidelines. Second, the Trustee has articulated a sound business
reason for the Auction Sale. Third, the Trustee has satisfied the
requirements of Section 363(f) to sell the property free and clear
of all assets. Fourth, the eventual purchaser is entitled to the
good faith protections under Section 363(m). Fifth, exemption from
transfer taxes is appropriate. Finally, the Removal of the Debtor's
Principals from the Real Property is necessary to maximize the
value arising out of the Auction
Sale."
Objection
On March 20, 2025, counsel for Carl Thomson filed an Objection to
the Motion, arguing that the Motion should be denied because:
(1) as a 50% member of an LLC, Carl did not have adequate
authority to commence this Chapter 11 Case on behalf of the LLC;
(2) Margaret Thomson, the other 50% member of the Debtor LLC,
lacked the mental capacity to authorize the filing of the Petition;
and
(3) as proposed, the Auction Sale overlooks Margaret Thomson's
interests and therefore violates Section 363
The Trustee argues that Carl was authorized by the LLC's Operating
Agreement to file the Petition and cannot now argue otherwise. The
Trustee further asserts that any provision in the Operating
Agreement which would restrict the Debtor from filing for Chapter
11 relief is unenforceable. The Trustee also
contests Carl's assertion that the Sale Procedures do not
sufficiently account for the "uniqueness" of the Real Property. He
reiterates that the relief requested in the Motion is specifically
designed to enable the Trustee to maximize the value of the Real
Property through a successful Auction Sale.
The Court finds a review of the Amended Operating Agreement shows
that Carl, and Carl alone, had the authority to sign the Chapter 11
Petition initiating this Chapter 11 Case. Both Carl and Margaret
signed the Amended Operating Agreement appointing Carl as Manager.
Under the Terms of the Amended Operating Agreement, Carl did not
require Margaret's consent to authorize the filing of the Petition
on behalf of the Debtor. Accordingly, the Court rejects the
assertion that Margaret's mental capacity should hinder approval of
the Auction Sale and Sale Procedures.
Also pending is the Application to employ Maltz Auctions, Inc. as
auctioneer for the estate.
The Court approves the Maltz Application.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=0ZVTfj from PacerMonitor.com.
Counsel to Chapter 11 Trustee Kenneth P. Silverman:
Brian Powers, Esq.
Courtney M. Rowan, Esq.
RIMON P.C.
100 Jericho Quadrangle, Suite 300
Jericho, NY 11753
E-mail: brian.powers@rimonlaw.com
Counsel to 75 Street Servicing LLC:
Tracy L. Klestadt, Esq.
Brendan M. Scott, Esq.
KLESTADT WINTERS JURELLER
SOUTHARD & STEVENS, LLP
200 West 41st Street, 17th Floor
New York, NY 10036-7203
E-mail: tklestadt@klestadt.com
bscott@klestadt.com
Counsel to Carl Thompson:
Ronald D. Weiss, Esq.
RONALD D. WEISS P.C.
445 Broadhollow Road, Suite CL-10
Melville, NY 11747
E-mail: Weiss@Ny-Bankruptcy.Com
About CLST Enterprises
CLST Enterprises, LLC owns a 4,742-square-foot mixed-use building
consisting of residence with commercial retail and office space
rentals valued at $9.36 million.
CLST Enterprises filed Chapter 11 petition (Bankr. S.D.N.Y. Case
No. 24-10596) on April 8, 2024, listing $9,393,173 in assets and
$7,356,006 in liabilities. The petition was signed by Carl Thomson
as member.
Judge Martin Glenn oversees the case.
The Debtor tapped Weinberg Zareh Malkin Price, LLP and Vernon
Consulting, Inc. as legal counsel and financial advisor,
respectively.
COMMERCIAL FURNITURE: Gets Interim OK to Use Cash Collateral
------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Tennessee
granted Commercial Furniture Services, LLC interim approval to use
the cash collateral of its lender, Southeast Bank.
The interim order authorized the company to use cash collateral
consistent with its budget, which shows total monthly expenses of
$200,299.94.
Commercial Furniture Services must not exceed the expenditures in
the budget by more than 15% without an order from the court or
written consent from Southeast Bank.
As protection, Southeast Bank was granted replacement liens on the
collateral to the same extent and with the same validity and
priority as its pre-bankruptcy liens.
The court also approved a $1,000 monthly carve-out for
administrative expenses related to the Subchapter V trustee, with
payments subject to court approval.
A final hearing is scheduled for May 8.
Southeast Bank is represented by:
Harry R. Cash, Esq.
John P. Konvalinka, Esq.
Grant, Konvalinka & Harrison, P.C.
633 Chestnut Street, Suite 900
Chattanooga, TN 37450-0900
423-756-8400 (Phone)
423-756-0643 (Fax)
hcash@gkhpc.com
jkonvalinka@gkhpc.com
About Commercial Furniture Services
Commercial Furniture Services, LLC, a company in Chattanooga,
Tenn., offers office furniture installation, asset management (safe
storage) and logistics services.
Commercial Furniture Services filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. E.D. Tenn. Case No.
24-12642) on Oct. 18, 2024, with $100,001 to $500,000 in assets and
$1 million to $10 million in liabilities. Brenda Brooks of Moore &
Brooks serves as Subchapter V trustee.
Judge Nicholas W. Whittenburg oversees the case.
Wright, Cortesi & Gilbreath serves as the Debtor's legal counsel.
COOLSYS HOLDING: Moody's Assigns 'Caa1' CFR, Outlook Negative
-------------------------------------------------------------
Moody's Ratings assigned a Caa1 corporate family rating and Caa1-PD
probability of default rating to CoolSys Holding Corporation
(CoolSys). Concurrently, Moody's downgraded CoolSys, Inc.'s backed
senior secured first-lien bank credit facility, which includes a
senior secured term loan B, and a senior secured delayed draw term
loan to Caa1 from B3. CoolSys, Inc.'s B3 CFR and B3-PD PDR were
withdrawn. The outlook on both entities is negative. CoolSys is
California-based leading independent provider of engineering,
refrigeration, heating, ventilation & air conditioning (HVAC), as
well as energy & carbon reduction systems in the US.
The ratings downgrade and negative outlooks reflect Moody's
expectations that CoolSys will maintain very high leverage and
continue to generate negative cash-flows during 2025, pressuring
the company's liquidity position.
RATINGS RATIONALE
CoolSys' Caa1 CFR is constrained by the company's negative cash
flow generation, low profit margins, and very high financial
leverage with debt-to-EBITDA of over 10x for the LTM period ended
September 30, 2024 (including Moody's adjustments). The credit
profile also reflects the company's aggressive growth strategy
through debt-funded acquisitions, balanced somewhat by its
recurring and large revenue base compared to its direct and mostly
regional competitors. CoolSys' broad geographic reach and wide
service offerings are competitive advantages over smaller local or
regional players, since it allows the company to service large
national or super regional customers. Over 50% of revenue is
generated from recurring maintenance service contracts, and
CoolSys' long-standing relationships with key customers and high
retention rate of over 95% among its core customers, support
revenue stability.
Moody's expects CoolSys to slow the pace of acquisitions and revert
back to a period of focusing on integrations at some point in the
next 12 months, as it did during 2022 before it continued its
roll-up strategy again during 2023 and 2024. However, the
aggressive debt-funded acquisition strategy has increased debt
balances to a point where the capital structure may not remain
sustainable, with a higher interest burden that will further
pressure free cash flow generation, weighing on the company's
credit profile.
CoolSys' liquidity is considered as weak as of September 30, 2024,
with a $17 million cash balance and only roughly $40 million
available under its $135 million ABL credit facility that expires
in August 2026. Moody's projects negative cash flow over the next
12 months due to the high interest burden. Given the typically low
cash balances, Moody's expects the company will borrow seasonally
(most likely during the warmer months of the year) under the
revolver to fund operational working capital fluctuations. Moody's
expects any future bolt-on acquisitions will be funded with
additional borrowings under its first lien delayed draw term loan
facility, however only $10 million remains available as of
September 31, 2024.
The term loan is not subject to financial maintenance covenants.
The ABL revolver contains a springing minimum fixed charge coverage
ratio, tested when availability is less than the greater of $5
million or 10% of the line cap. Moody's expects the company to be
able to comply with the covenant over the next twelve months.
The Caa1 senior secured first lien term loan due 2028 and senior
secured first lien delayed draw term loan ratings are in line with
the company's Caa1 CFR. The senior secured first lien credit
facilities are effectively subordinated to the unrated $135 million
ABL credit facility due 2026, which has a superpriority claim and
recovery prospects over the rated debts. The ABL revolver borrowing
base is derived mainly from eligible accounts receivable, although
inventory is also included in the borrowing base. Therefore, the
ABL ranks ahead of the rated term loans in Moody's hierarchy of
claims at default. The term loans have a first priority lien on
substantially all assets not constituting ABL collateral and second
priority lien on the ABL collateral, subject to customary
exceptions. The credit facilities are unconditionally guaranteed on
a senior secured basis by each existing and subsequently acquired
or organized direct or indirect wholly-owned material US restricted
subsidiary of the borrower.
The negative outlook reflects Moody's concerns that CoolSys will
continue to have very high financial leverage and cash flow
deficits which will continue to pressure the company's already weak
liquidity position. The outlook could return to stable if liquidity
and cash flow metrics improve, while financial leverage drops and
profitability rises.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Due to the negative outlook, a ratings upgrade is unlikely over the
next 12-18 months. However, the ratings could be upgraded if
debt-to-EBITDA leverage reduces towards and sustained below 7.5x,
with meaningful free cash flow. An improvement in liquidity and
profitability margins would also be required for an upgrade.
The ratings could be downgraded if Moody's expects the company's
cash flow deficits to continue, straining the company's liquidity
and cash position with a possibility of a default event due to the
company's unsustainable capital structure.
Headquartered in Brea, California and controlled by affiliates of
private equity sponsor Ares Management, CoolSys is a leading
independent provider of engineering, refrigeration, HVAC, and
energy & carbon reduction systems in the US, mainly for grocery,
retail, foodservice, convenience, and other end markets. For the
LTM period as of September 30, 2024, CoolSys generated almost $900
million of revenue.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
CURIA GLOBAL: S&P Withdraws 'CCC+' ICR Following Debt Repayment
---------------------------------------------------------------
S&P Global Ratings withdrew its 'CCC+' issuer credit rating on
contract development manufacturer Curia Global Inc. at the issuer's
request.
At the same time, S&P discontinued its 'CCC+' issue-level rating
and '3' recovery rating on Curia's first-lien credit facility
(which consisted of a revolving credit facility and a term loan)
following the full repayment of its outstanding rated debt.
CWB REALTY: Hires Law Office of Hilmy Ismail as Counsel
-------------------------------------------------------
CWB Realty seeks approval from the U.S. Bankruptcy Court for the
District of Massachusetts to employ Law Office of Hilmy Ismail to
handle its chapter 11 case.
The firm will be paid at the rate of $325 per hour.
The firm received a retainer in the amount of $3,738.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Hilmy Ismail, Esq., a partner at Law Office of Hilmy Ismail,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Hilmy Ismail, Esq.
Law Office of Hilmy Ismail
322 East Washington Street
North Attleboro, MA 02760
Tel: (508) 316-3904
Email: Hilmy@hilmyismaillaw.com
About CWB Realty
CWB Realty, filed a Chapter 11 bankruptcy petition (Bankr. D. Mass.
Case No. 25-10446) on March 6, 2025. The Debtor hires Law Office of
Hilmy Ismail as counsel.
D&B RENTALS: Case Summary & Nine Unsecured Creditors
----------------------------------------------------
Debtor: D&B Rentals, Inc.
3575 Trotter Drive
Suite B
Alpharetta, GA 30004
Business Description: D&B Rentals, Inc., doing business as Atlanta
Tent Rental, is a family owned and operated
business serving Georgia and the Southeast
for over 25 years, specializing in providing
tents, tables, chairs, staging, flooring,
linens, and lighting and event services for
various occasions, including weddings,
corporate events, festivals, sporting
events, inventory sales, and nonprofit
gatherings.
Chapter 11 Petition Date: April 1, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-20449
Debtor's Counsel: William Rountree, Esq.
ROUNTREE, LEITMAN, KLEIN & GEER, LLC
2987 Clairmont Road Suite 350
Atlanta GA 30329
Tel: 404-584-1238
Email: wrountree@rlkglaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Ira Inman as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RQ4NSJI/DB_Rentals_Inc__ganbke-25-20449__0001.0.pdf?mcid=tGE4TAMA
D&D TRANS: Unsecured Creditors to Get 10 Cents on Dollar in Plan
----------------------------------------------------------------
D&D Trans, Inc. filed with the U.S. Bankruptcy Court for the
Northern District of Illinois an Amended Plan of Reorganization
dated March 7, 2025.
The Debtor is an Illinois Corporation. Since 2013, Debtor has been
in the business of interstate trucking.
In early 2023, the trucking industry experienced a downturn and
Debtor used any cash reserves to cover a cash flow shortage but
this eventually led to inability to remain current on payments on
their equipment loans and potential repossession of the equipment
by the secured lenders.
The Chapter 11 filing has enabled Debtor to continue using their
equipment and to return to focusing on their interstate trucking
business.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income $1,172.93. The final Plan
payment is expected to be paid on April 1, 2030.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 10 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 11 consists of non-priority unsecured creditors. Claims in
this class will receive the projected disposable income of the
Debtor pro rata within the class for a period of five years,
estimated at $1,172.93 monthly remaining after any outstanding
administrative claims are paid from the disposable income.
Disposable income, shall be determined on a quarterly basis, based
on the disposable income generated, if any, during the preceding
quarter.
The Debtor will begin to make monthly payments commencing on the
fifteenth day of the fourth full month following the Effective Date
and thereafter due on the fifteenth day of every fourth month. A
minimum total amount of $70,376.05 will be paid to this class. This
Class is impaired.
Class 12 consists of equity security holders of the Debtor. Equity
security holders shall retain their interests in the Debtor as they
existed on the Petition Date.
The Debtor shall continue is business operations, which shall be
the primary source of funds for payments required by this Plan that
are to be made by the Debtor over time. After the Effective Date,
the Debtor may operate the business and use, acquire, sell,
transfer, convey, or dispose of property without supervision by the
Bankruptcy Court and free of any restrictions of the Bankruptcy
Code or Bankruptcy Rules, other than those restrictions expressly
imposed by the Plan and the Confirmation Order.
A full-text copy of the First Amended Plan dated March 7, 2025 is
available at https://urlcurt.com/u?l=7q5Za3 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Saulius Modestas, Esq.
Modestas Law Offices, P.C.
401 S. Frontage Rd.
Burr Ridge, IL 60527-7115
Telephone: (312) 251-4460
Facsimile: (312) 277-2586
Email: smodestas@modestaslaw.com
About D&D Trans Inc.
D&D Trans, Inc. is an Illinois-based company operating in the
trucking industry.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-07279) on May 16,
2024, with $1 million to $10 million in both assets and
liabilities. Denis Coledinschi, president, signed the petition.
Saulius Modestas, Esq., at Modestas Law Offices, P.C., is the
Debtor's bankruptcy counsel.
DANIEL RISIS: Court Stays Civil Actions Due to Bankruptcy
---------------------------------------------------------
Judge John K. Sherwood of the United States Bankruptcy Court for
the District of New Jersey denied the motion of Bryan Lustig,
Donald R. Skelton, Joel D. Padilla, Jonathan Zusman, Michael Mucci,
Harris Palmer, Daniel Negron, Zachary Haynes, Peter Landusco,
Joseph E. Tanner, Sr., Stacy Pinckney, Jayson Michel, David Riera,
Justin R. Paraboschi, Marco L. Rodriguez, Edwin Ventura, Jesse
Leibowitz, and Jonathan Carnaval for relief from the automatic stay
to resume prosecution of civil actions filed against Daniel M.
Risis and others prior to Debtor's Chapter 11 petition for relief.
Specifically, the Movants have alleged claims in the United States
District Court for the District of New Jersey, in the civil actions
entitled Bryan Lustig, et al. v. Daniel Markus,
Inc. (d/b/a Perfect Pawn), Daniel Risis, Margarita Risis, and Oleg
Neizvestny, bearing Case No. 2:20-cv-00379-WJM-SDA (the "FLSA
Action"), and Bryan Lustig v. Daniel Risis, Case No.
2:22-cv-00161-WJM-SDA (the "Retaliation Action").
The FLSA Action is a lawsuit brought by several former employees of
Daniel Markus, Inc. (d/b/a Perfect Pawn) against the company, the
Debtor, and three other defendants for violation of the Fair Labor
Standards Act, 29 U.S.C. Sec. 201, et seq., and the New Jersey Wage
and Hour Law, N.J.S.A. SEc. 34:11-56(a), et seq. The Retaliation
Action is a lawsuit brought by Bryan Lustig against the Debtor
under the Fair Labor Standards Act based on the Debtor's alleged
retaliatory conduct and defamation toward Bryan Lustig.
The Debtor filed his petition under Chapter 11 of the United States
Bankruptcy Code on Dec. 30, 2024. As a consequence of Debtor's
bankruptcy filing, the District Court entered an Order staying the
District Court Actions as to all Defendants pursuant to 11 U.S.C.
Sec. 362(a) on Jan. 14, 2025.
The Movants filed this Motion for stay relief on Jan. 30, 2025,
seeking to lift the stay to complete the District Court Actions.
The Debtor failed to file a timely written response to the stay
relief motion.
The Court is aware of the Debtor's arguments that he did not own
the company Daniel Markus, Inc., that he does not owe a debt to the
Movants, and that the Movants have an undisclosed settlement with
the remaining Defendants. Counsel for the Movants conceded that
such a settlement was anticipated at the hearing conducted in this
matter. The terms of the anticipated settlement have not been
disclosed to this Court or to the Debtor.
Judge Sherwood holds that the District Court Actions primarily
relate to the Debtor given that Movants have apparently settled
with all of the other Defendants. No party has shown that an
insurer will defend the Debtor. The Debtor's time and resources
expended in defense of the District Court Action may adversely
impact his other creditors. Finally, the harm to the Debtor's
estate outweighs the harm to the Movants because the Movants are a
participating creditor in Debtor's bankruptcy and have already
asserted a general unsecured claim in the amount of $2,000,855.
There is no urgent need at this time to establish whether or not
this claim is valid. The Debtor should have more time to see if he
can develop a Chapter 11 plan before he has to turn his attention
to defending the Movants' claims.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=xHUcNB from PacerMonitor.com.
Daniel M. Risis filed for Chapter 11 bankruptcy protection (Bankr.
D.N.J. Case No. 24-22714) on December 30, 2024, listing under $1
million in both assets and liabilities.
DANIEL RISIS: PB Financing Wins Bid for Stay Relief
---------------------------------------------------
The Honorable John K. Sherwood of the United States Bankruptcy
Court for the District of New Jersey granted PB Financing, LLC's
motion for stay relief in the bankruptcy case of Daniel Risis.
PB Financing wants this Court to allow its motion to dismiss an
Amended Complaint to proceed in a lawsuit filed by Daniel Risis in
the New Jersey District Court. (Case # 2:23-cv-03429-ES-JRA). The
Debtor's District Court lawsuit was filed in June 2023 and was
pending when this bankruptcy case was filed. Generally, the lawsuit
was brought by the Debtor against defendants PB Financing,
Christopher Smith, Daniel Markus, Inc. d/b/a Perfect Pawn,
Margarita Risis and Mark Risis based on the Debtor's allegation
that Margarita Risis (his mother) forged his name on a guaranty of
a loan by PB Financing to Daniel Markus, Inc., an entity owned by
Margarita Risis. In October 2021, a Colorado State Court entered
judgment in favor of PB Financing against the Debtor, Margarita
Risis, and Daniel Markus, Inc., jointly and severally. The Debtor
claims that PB Financing should not be enforcing the judgment
against him. The Amended Complaint seeks to invalidate the Colorado
judgment held by PB Financing. Also, the Debtor seeks an award of
$8 million in compensatory damages for lost wages together with
punitive and/or other damages against all parties for violations of
the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.
Sec. 1961 et seq., civil rights violations pursuant to 42 U.S.C.
Sec. 1983, forgery, various theories of fraud and theft of
property.
Relief from the automatic stay is granted for cause pursuant to 11
U.S.C. Sec. 362(d)(1) to permit PB Financing to ask the District
Court to render a decision on its motion to dismiss Debtor's
Amended Complaint and/or to determine that all, or a part of, the
District Court litigation should be referred to the Bankruptcy
Court pursuant to 11 U.S.C. Sec. 157(a).
A copy of the Court's decision is available at
https://urlcurt.com/u?l=5KSOBV from PacerMonitor.com.
Daniel M. Risis filed for Chapter 11 bankruptcy protection (Bankr.
D.N.J. Case No. 24-22714) on December 30, 2024, listing under $1
million in both assets and liabilities.
DANIMER SCIENTIFIC: Gets OK to Hire Stretto Inc as Claims Agent
---------------------------------------------------------------
Danimer Scientific, Inc. received approval from the U.S. Bankruptcy
Court for the District of Delaware to hire Stretto, Inc. to act as
claims and noticing agent.
The Debtor requires a claims and noticing agent to serve notices to
creditors, equity security holders and other concerned parties, as
well as provide computerized claims-related services.
Sheryl Betance, a senior managing director at Stretto, disclosed in
a court filing that her firm is a "disinterested person" as that
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Sheryl Betance
Stretto, Inc.
410 Exchange, Ste. 100
Irvine, CA 92602
Telephone: (714) 716-1872
Email: sheryl.betance@stretto.com
About Danimer Scientific Inc.
Danimer Scientific, Inc. is a performance polymer company
specializing in bioplastic replacement for traditional
petroleum-based plastics. The company is based in Bainbridge,
Georgia.
Danimer Scientific Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10523) on March 18,
2025. In its petition, the Debtor reports estimated assets between
$500 million and $1 billion and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Daniel J. DeFranceschi, Esq. at
Richards, Layton & Finger.
DCS NAPLES: Claims to be Paid From Asset Sale Proceeds
------------------------------------------------------
DCS Naples Investments, LLC, filed with the U.S. Bankruptcy Court
for the Middle District of Florida a Plan of Reorganization for
Small Business dated March 11, 2025.
The Debtor is a limited liability company that was in the business
of buying, renovating and selling or renting real estate. The
Debtor is no longer operating and is winding up its business.
The Plan Proponent projects the sale of its assets will generate
enough disposable income over the life of the Plan to pay creditors
in full given the amount of equity in the property as shown on the
Debtor's schedules. The final Plan payment is expected to be paid
on or before December 11, 2025.
Class 2A consists of the claims secured by 2152 45th Ter SW,
Naples, FL 34116 including claims by Security Capital Ventures,
LLC, Collier County Tax Collector and Collier County. The claims in
Class 2A will be paid upon transfer of 2152 45th Ter SW, Naples, FL
34116 to a new company.
Class 2B consists of the claims secured by 3200 Barrett Ave,
Naples, FL 34112 including claims from US Bank National
Association, Collier County Tax Collector, City of Naples and
VictorSher. The Claims in Class 2B will be paid upon the sale of
3200 Barrett Ave, Naples, FL 34112. The sale shall happen within 5
months of the effective date of the Plan. If a sale does not occur
within that time frame then the property will be auctioned and the
creditors will be paid from the net proceeds of the auction.
Class 4 consists of equity security holders of the Debtor. After
all of the claims in Classes 1-3 and administrative claims are
paid, any remaining money will be distributed to Equity Holders.
The Debtor's principal, Diane Sullivan shall have the authority to
sell, execute, deliver or do any other task necessary to accomplish
the goals contemplated by this Plan, including transferring 2152
45th Ter SW, Naples, FL 34112 in to a new company so that SCV Cash
Balance Plan & Trust can pay off the claims of Class 2A creditors;
as well as executing and negotiating any sales contracts on 3200
Barrett Ave, Naples, FL 34112 or entering into an auction agreement
if the Barrett Ave property does not sell in the applicable
timeframe.
A full-text copy of the Plan of Reorganization dated March 11, 2025
is available at https://urlcurt.com/u?l=RTu4gu from
PacerMonitor.com at no charge.
About DCS Naples Investments
DCS Naples Investments LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
24-01884) on Dec. 11, 2024. In the petition filed by Diane
Sullivan, as manager, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Bankruptcy Judge Caryl E. Delano handles the case.
The Debtor is represented by:
Jeffrey Lampley, Esq.
JEFF LAMPLEY
5237 Summerlin Commons Boulevard, Ste. 217
Fort Myers, FL 33907
E-mail: jlampley@lampleylaw.com
DEALER SALES: Unsecureds to Split $43,900 over 5 Years
------------------------------------------------------
Dealer Sales Solutions LLC filed with the U.S. Bankruptcy Court for
the Middle District of Florida a Plan of Reorganization dated March
11, 2025.
The Debtor supplies Factory OE Auto Parts for most vehicle
manufacturers, provides expert services to help identify the
correct part, and offers fast shipping and delivery for its
customers.
The Debtor's principal place of business is located at 4563 Judge
Road, Suite 100, Orlando, Florida, 32812 ("Premises"), which the
Debtor leases from USPack Parts, LLC. In 2022, the Debtor had
$10,120,392.00 in gross revenues; in 2023, the Debtor had
$9,978,086.00 in gross revenues; and year-to-petition-date in 2024,
the Debtor has had $11,468,956.52 in gross revenues.
This Plan provides for: 6 classes of secured claim; 1 class of
unsecured claims; and 1 class of equity security holders.
The Debtor's projected disposable income is $43,809.00.
Class 7 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 $43,900.00. The
Reorganized Debtor shall pay said amount in equal quarterly
payments of $3,658.33 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 7 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, $43,809.00. 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 first month following the Effective Date, and shall
continue quarterly for eleven additional quarters. The quarterly
payment for the first four quarters shall be $350.25. The quarterly
payments for the second four quarters shall be $350.25. The
quarterly payments for the final four quarters shall be $2,950.25.
Holders of Class 7 claims shall be paid directly by the Debtor.
Holders of class 7 claims shall be paid directly by the Debtor.
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 March 11, 2025
is available at https://urlcurt.com/u?l=v4qKZq from
PacerMonitor.com at no charge.
Attorneys for the Debtor:
Jeffrey S. Ainsworth, Esq.
BransonLaw, PLLC
1501 E. Concord Street
Orlando, Florida 32803
Telephone (407) 894-6834
Fax (407) 894-8559
E-mail: jeff@bransonlaw.com
About Dealer Sales Solutions
Dealer Sales Solutions LLC is primarily engaged in the sale of
motor vehicle supplies, accessories, tools, equipment, and new
motor vehicle parts.
Dealer Sales Solutions sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-06734)
on Dec. 11, 2024, with total assets of $457,160 and total
liabilities of $2,890,604. Daniel A. Rowland, chief executive
officer, signed the petition.
Judge Grace E. Robson oversees the case.
Jeffrey S. Ainsworth, at BransonLaw, PLLC, is the Debtor's legal
counsel.
Secured creditor SellersFunding Corp. is represented by:
Alan C. Hochheiser, Esq.
Maurice Wutscher, LLP
23611 Chagrin Blvd., Suite 207
Beachwood, OH 44122
Phone: (216) 220-1129
Fax: (216) 472-8510
ahochheiser@mauricewutscher.com
DIAMOND SURFACES: Hires Ford & Semach P.A. as Counsel
-----------------------------------------------------
Diamond Surfaces and Supply, Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ Ford
& Semach, P.A. as counsel.
The firm's services include:
a. analyzing the financial situation, and rendering advice and
assistance to the Debtor in determining whether to file a petition
under Title 11, United States Code;
b. advising the Debtor with regard to the powers and duties of
the debtor and as Debtor-in-Possession in the continued operation
of the business and management of the property of the estate;
c. preparing and filing of the petition, schedules of assets and
liabilities, statement of affairs, and other documents required by
the Court;
d. representing the Debtor at the Section 341 Creditors'
meeting;
e. giving the Debtor legal advice with respect to its powers and
duties as Debtor and as Debtor-in Possession in the continued
operation of its business and management of its property; if
appropriate;
f. advising the Debtor with respect to its responsibilities in
complying with the United States Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
g. preparing, on the behalf of your Applicant, necessary
motions, pleadings, applications, answers, orders, complaints, and
other legal papers and appear at hearings thereon;
h. protecting the interest of the Debtor in all matters pending
before the court;
i. representing the Debtor in negotiation with its creditors in
the preparation of the Chapter 11 Plan; and
j. performing all other legal services for Debtor as
Debtor-in-Possession which may be necessary herein, and it is
necessary for Debtor as Debtor-in-Possession to employ this
attorney for such professional services.
The firm will be paid at these rates:
Buddy D. Ford, Esq. $450 per hour
Jonathan A. Semach, Esq. $400 per hour
Heather M. Reel, Esq. $350 per hour
Paralegals $150 per hour
The Debtor paid the firm an advance fee of $22,000.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Buddy D. Ford, Esq., a partner at Ford & Semach, P.A., disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Buddy D. Ford, Esq.
Jonathan A. Semach, Esq.
Heather M. Reel, Esq.
Ford & Semach, P.A.
9301 West Hillsborough Avenue
Tampa, FL 33615-3008
Tel: (813) 877-4669
Email: Buddy@tampaesq.com
Jonathan@tampaesq.com
Heather@tampaesq.com
About Diamond Surfaces and Supply, Inc.
Diamond Surfaces and Supply Inc. offers high-quality flooring
products, including engineered wood and AquaShield options. The
Company works with trusted suppliers like AquaShield for
water-resistant flooring, Sika Adhesives for strong bonding, True
Touch for engineered wood, Titan Surfaces for durable options, and
Top Star Underlayment for added stability and noise reduction.
Focused on innovation and customer satisfaction, Diamond Surfaces
provides a flooring visualizer to help clients choose the best
products for their needs.
Diamond Surfaces and Supply Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01682 ) on
March 20, 2025. In its petition, the Debtor reports total assets of
$3,413,291 and total liabilities of $1,733,616.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Buddy D. Ford, Esq., at BUDDY D. FORD,
P.A..
DILLONS POWER: Gets Final OK to Use Cash Collateral Until May 31
----------------------------------------------------------------
Dillons Power Washing, LLC received final approval from the U.S.
Bankruptcy Court for the District of Maryland to use cash
collateral.
The final order authorized the company to use cash collateral from
April 1 to May 31 to pay the expenses set forth in its budget.
Small Business Financial Solutions, LLC, doing business as Rapid
Finance, the U.S. Small Business Administration and four other
creditors may assert interest in the cash collateral, which
consists of rents, accounts and other rights to payment.
As protection for any diminution in the value of their collateral,
these secured creditors will be granted a replacement lien on all
post-petition assets of the company, to the same extent and with
the same priority as their pre-bankruptcy liens.
The company's authority to use cash collateral will terminate at
the close of business on May 31, unless it has terminated prior
thereto by order of the court.
The expiration date may be extended for a two-month period if the
company files a two-month budget and proposed order by May 16 and
no party objects to the budget and proposed order by May 27.
In the event of a timely objection to the two-month budget, the
company is authorized to use cash collateral to make payroll and
pay any other budget item less than $2,000 up to $10,000 in the
aggregate until the objection can be heard.
About Dillons Power Washing LLC
Dillons Power Washing, LLC filed Chapter 11 petition (Bankr. D. Md.
Case No. 25-12231) on March 17, 2025, listing up to $50,000 in
assets and up to $1 million in liabilities. Kathleen Gross,
managing member of Dillons Power Washing, signed the petition.
Judge Maria Ellena Chavez-Ruark oversees the case.
Justin P. Fasano, Esq., at McNamee Hosea, P.A., represents the
Debtor as legal counsel.
DIMENSIONS IN SENIOR: Court Tosses Insurer's Interpleader Claim
---------------------------------------------------------------
Judge Brian S. Kruse of the United States Bankruptcy Court for the
District of Nebraska dismissed the plaintiff's claim for
interpleader in the case captioned as GREAT AMERICAN RISK SOLUTIONS
SURPLUS LINES INSURANCE COMPANY, Plaintiff, vs. WILCOX PROPERTIES
OF COLUMBIA, LLC, and MARKET READY LLC, Defendants, Case No.
24-08007-BSK (Bankr. D. Neb.). Wilcox's motion to dismiss its
counterclaim is granted. The Court abstains from hearing the
plaintiff's complaint.
This matter is before the Court on the court's order to determine
the plaintiff's interpleader claim, on the plaintiff's motion to
file an amended complaint, and on the motion to abstain filed by
the defendant Wilcox Properties of Columbia, LLC.
Wilcox operated an assisted living facility in Columbia, Missouri.
Wilcox is a resident of the State of Missouri. The plaintiff is
headquartered in the State of Ohio. It insured the facility under
two separate property casualty policies, one for the year 2022, the
other for the year 2023. A portion of the facility was a four-story
hotel built in the 1920s. The Missouri Department of Health and
Senior Services closed the facility due to structural issues. The
closing led to Wilcox filing its Chapter 11 petition on November
21, 2022. The facility was vacated in December 2022. On or about
December 24, 2022, a water pipe ruptured causing damage. Wilcox
notified the plaintiff of the damage on Jan. 19, 2023. The
plaintiff retained a claims management company and an environmental
specialist who worked together to evaluate the claim. They
estimated the actual cash value of the claim as $167,387.29.
The plaintiff filed this action seeking to interplead $157,387.29,
the original damage estimate of $167,387.29, less a $10,000
deductible. The plaintiff alleged Wilcox and Market Ready each
claimed an interest in the policy proceeds, and the plaintiff could
not pay any claim regarding the facility without exposing itself to
risk of multiple liability. The complaint also contains claims for
declaratory judgment. Specifically, the plaintiff seeks a
declaration its liability under the policies is limited to the
$157,387.29 it desired to interplead. Wilcox filed a counterclaim
seeking at least $5,000,000 in damages, plus a 10% penalty, plus
attorney's fees under Missouri law. Market Ready did not respond to
the complaint.
The Court finds the portion of plaintiff's complaint seeking
interpleader is dismissed because the plaintiff did not establish
grounds to interplead $157,387.29.
According to the Court, there is no evidence the plaintiff risks
paying multiple recoveries. The plaintiff offered no evidence
Market Ready claims any amounts under the insurance policies. And
Market Ready was not assigned any rights under the policies. There
is also no basis to confine the recovery to $157,387.29. Wilcox
does not seek this amount. It seeks at least $5 million under the
policies. The plaintiff does not seek to adjudicate Wilcox's loss.
It seeks to limit the loss to $157,387.29. This is not a proper use
of interpleader. The request to interplead fails as a matter of law
and the claim is dismissed, the Court holds.
The Court also finds abstention is proper in this case.
State law issues predominate over bankruptcy issues. According to
the Court, the claims are not core bankruptcy claims. There are, in
fact, no bankruptcy claims to resolve. The claims are purely state
law insurance claims. There is no basis for jurisdiction in this
court under 28 U.S.C. Sec. 1334.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=ygBa6O from PacerMonitor.com.
About Dimensions in Senior Living
Dimensions in Senior Living, LLC -- https://www.dimsrivg.com/ --
through a series of entities, owns and manages a series of senior
living and assisted living facilities in Nebraska, Iowa, Missouri,
and Kansas.
Dimensions in Senior Living and six affiliates each filed a
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
D. Neb. Lead Case No. 22-80860) on Nov. 21, 2022. In the petition
filed by its chief restructuring officer, Amy Wilcox Burns,
Dimensions in Senior Living reported assets and liabilities between
$1 million and $10 million.
Judge Brian S. Kruse oversees the cases.
The Debtors are represented by Patrick Raymond Turner, Esq., at
Turner Legal Group, LLC.
Abigail T. Mohs, Esq., at Baird Holm, LLP, is the patient care
ombudsman appointed in the Debtors' cases.
DIOCESE OF SAN FRANCISCO: Disclosure of Minutes, Claims Data Okayed
-------------------------------------------------------------------
Judge Dennis Montali of the United States Bankruptcy Court for the
Northern District of California will grant the motion filed by the
Official Committee of Unsecured Creditors’ of the Roman Catholic
Archbishop of San Francisco for an order authorizing disclosure of
Independent Review Board Minutes and Aggregated Claims Data
relating to sexual abuse allegations against the Debtor.
Since around 2002, the Debtor has maintained an Independent Review
Board ("IRB") that is an advisory board that investigates and makes
recommendations directly to the Archbishop concerning cases in
which a clergy member is accused of sexual abuse of a minor, along
with other related tasks. By the Motion, the OCC seeks disclosure
of non-privileged portions of the IRB Minutes for the sake of
public safety because the Archdiocese continues to assure the
public that children are safe by emphasizing the
role of the IRB’s expertise and their independent evaluation of
sexual abuse allegations. The Minutes that are specifically
identified and which the OCC wants freed from the Court’s Order
Approving Stipulated Protective Order are set forth in a sealed
Exhibit B to the Motion. The information set forth in Exhibit B is
the product of discovery undertaken by the OCC, which discovery is
covered by Fed. R. Civ. P. 26(c) incorporated by Fed. R. Bankr. P.
7016 and subject to the
Protective Order.
The OCC also seeks to make public the Claims Data that it has
extracted and anonymized from hundreds of confidential proofs of
claim filed by abuse survivor claimants in this case. The Claims
Data is found in Exhibit A to the Motion. It consists of six parts:
the age range of survivors at the beginning of abuse; the current
age range of survivors; specific types of abuse alleged in the
proofs of claim; the names of the perpetrators identified in the
claims; the parishes and parish schools where the abuses occurred;
the non-parish schools or orphanages where the abuses occurred.
The Court will grant the Motion as to the Minutes and grant the
Motion, with modifications, regarding the Claims Data.
Minutes
Father M sets forth the two-step test of Rule 26(c) a court must
follow upon a request to make public information that is currently
confidential pursuant to a protective order.
Debtor does not allege any particular harm that will result from
the disclosure of the Minutes to the public, beyond a general claim
that the material of the Minutes is scandalous pursuant to Section
107, as the Minutes contain deliberations on the merits of abuse
allegations against clergy members and other employees of the
Debtor.
Without any particular harm looming, there is no need to go to the
second Father M step. According to the Court, the Minutes should be
made public under presumption of public access to information
produced during discovery. As to whether material in the Minutes is
scandalous to any accused individual under Section 107, the Minutes
are already anonymized (via initialization or nicknames) and
redacted, so the scandal related to naming an individual accused of
abuse of a minor is already avoided.
Claims Data
Sitting on the OCC are Survivor Claimants who duly represent the
interests of Survivor Claimants generally. The OCC in this
instance, however, cannot claim to speak for all Survivor Claimants
on the topic of the strict confidentiality that those Survivor
Claimants may have relied on when submitting detailed proofs of
claim. Thus, the Court will grant the Motion as to the Claims Data,
with names of accused priests removed or reduced to initials, and
only after all Survivor Claimants are given notice and opportunity
to opt out of having their anonymized data be a part of the Claims
Data.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=IDsfwr from PacerMonitor.com.
About The Roman Catholic Archbishop
of San Francisco
The Roman Catholic Archbishop of San Francisco filed a Chapter 11
petition (Bankr. N.D. Cal. Case No. 23-30564) on Aug. 21, 2023,
with $100 million to $500 million in both assets and liabilities.
Judge Dennis Montali oversees the case.
The Debtor tapped Felderstein Fitzgerald Willoughby Pascuzzi &
Rios, LLP and Sheppard, Mullin, Richter & Hampton LLP as counsel.
Weintraub Tobin Chediak Coleman & Grodin as special litigation
counsel. Weinstein & Numbers, LLP as special insurance counsel.
GlassRatner Advisory & Capital Group LLC d/b/a B. Riley Advisory
Services as financial advisor. Omni Agent Solutions, Inc., is the
administrative agent.
DIOCESE OF SYRACUSE: Abuse Survivors Approve Bankruptcy Exit Plan
-----------------------------------------------------------------
Jon Moss of syracuse.com reports that abuse survivors have voted
overwhelmingly in support of a bankruptcy exit plan for the Roman
Catholic Diocese of Syracuse, advancing it toward final
confirmation.
According to data released late last March 2025, every one of the
324 survivors who returned a ballot approved the plan and agreed to
its terms.
Troubled Company Reporter, citing Yun Park of Law360 Bankruptcy
Authority, previously reported that the Roman Catholic Diocese of
Syracuse urged a New York bankruptcy judge to
appoint a representative for unidentified sexual abuse claimants
and extend the voting deadline on its Chapter 11 plan until the end
of March 2025.
About The Roman Catholic Diocese of Syracuse
The Roman Catholic Diocese of Syracuse, New York
--http://www.syracusediocese.org/-- through its administrative
offices (a) provides operational support to the Catholic parishes,
schools and certain other Catholic entities that operate within the
territory of the Diocese in support of their shared charitable
humanitarian and religious missions; (b) conducts school operations
by managing tuition and scholarship payments, employee payroll,
and
other school-related operating expenses for separately incorporated
Diocesan schools, as well as providing parish schools with
financial, operational and educational support; and (c) provides
comprehensive risk management services to the OCEs through the
Diocese's insurance program.
The Roman Catholic Diocese of Syracuse, New York filed its
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bank. N.D.N.Y. Case No. 20-30663) on June 19, 2020. Stephen
A. Breen, chief financial officer, signed the petition. At the time
of filing, the Debtor estimated $10 million to $50 million in
assets and $50 million to $100 million in liabilities.
Judge Margaret M. Cangilos-Ruiz oversees the case.
Bond, Schoeneck and King, PLLC, serves as the Debtor's bankruptcy
counsel. The Debtor also tapped Mullen Coughlin LLC as special
counsel, Arete Advisors LLC as cybersecurity consultant, and
Moxfive LLC as technical advisor. Stretto is the claims agent and
administrative advisor.
The U.S. Trustee for Region 2 appointed a committee to represent
unsecured creditors in the Debtor's bankruptcy case. The committee
tapped Stinson, LLP, Saunders Kahler, LLP and Berkeley Research
Group, LLC, as its bankruptcy counsel, local counsel and financial
advisor, respectively.
DIOCESE OF SYRACUSE: Committee Taps Tom Baker as Expert Witness
---------------------------------------------------------------
The official committee of unsecured creditors of the Roman Catholic
Diocese of Syracuse, New York, seeks approval from the U.S.
Bankruptcy Court for the Northern District of New York to retain
Tom Baker, a Professor of Law at the University of Pennsylvania's
Penn Carey Law School, as its rebuttal expert witness.
Professor Baker will render expert witness consulting and testimony
services to the Plan Proponents in connection with their efforts to
achieve confirmation of the Plan. The Plan Proponents anticipate
that Professor Baker will provide rebuttal testimony to expert
testimony proffered the insurance companies opposing the Plan.
Mr. Baker intends to charge his usual and customary hourly rate of
$1,200 per hour plus reimbursement of actual and necessary
expenses.
He assured the court that he does not have any connection with the
Committee, the Debtor, its creditors or any other parties in
interest, their respective attorneys and accountants, the U.S.
Trustee, or any person employed in the office of the U.S. Trustee.
Mr. Baker can be reached at:
Tom Baker
Penn Carey School of Law
3501 Sansom, St.
Philadelphia, PA 19104
Tel: (215) 898-7413
Email: thbaker@law.upenn.edu
About The Roman Catholic Diocese of Syracuse
The Roman Catholic Diocese of Syracuse, New York --
http://www.syracusediocese.org/-- through its administrative
offices (a) provides operational support to the Catholic parishes,
schools and certain other Catholic entities that operate within the
territory of the Diocese in support of their shared charitable
humanitarian and religious missions; (b) conducts school operations
by managing tuition and scholarship payments, employee payroll,
and
other school-related operating expenses for separately incorporated
Diocesan schools, as well as providing parish schools with
financial, operational and educational support; and (c) provides
comprehensive risk management services to the OCEs through the
Diocese's insurance program.
The Roman Catholic Diocese of Syracuse, New York filed its
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bank. N.D.N.Y. Case No. 20-30663) on June 19, 2020. Stephen
A. Breen, chief financial officer, signed the petition. At the time
of filing, the Debtor estimated $10 million to $50 million in
assets and $50 million to $100 million in liabilities.
Judge Margaret M. Cangilos-Ruiz oversees the case.
Bond, Schoeneck and King, PLLC, serves as the Debtor's bankruptcy
counsel. The Debtor also tapped Mullen Coughlin LLC as special
counsel, Arete Advisors LLC as cybersecurity consultant, and
Moxfive LLC as technical advisor. Stretto is the claims agent and
administrative advisor.
The U.S. Trustee for Region 2 appointed a committee to represent
unsecured creditors in the Debtor's bankruptcy case. The committee
tapped Stinson, LLP, Saunders Kahler, LLP and Berkeley Research
Group, LLC, as its bankruptcy counsel, local counsel and financial
advisor, respectively.
DISH DBS: S&P Upgrades ICR to 'CCC+', Outlook Negative
------------------------------------------------------
S&P Global Ratings raising its issuer credit rating (ICR) on
EchoStar Corp. subsidiary Dish DBS Corp. to 'CCC+' from 'CC', in
line with its parent.
The negative outlook reflects risks around successfully refinancing
upcoming 2026 maturities, which could result in a debt
restructuring at Dish DBS Corp or Hughes Satellite Systems Corp.
Echostar Corp. has not made a subsequent exchange offer to holders
of Dish DBS Corp debt following the previously announced debt
restructuring that was rejected by lenders in November 2024.
Echostar has sufficient liquidity runway over the next 12 months.
Echostar had about $5.5 billion of cash and short-term investments
as of Dec. 31, 2024, following a November 2024 debt restructuring
at Dish Network Corp that involved new money as part of the
exchange. S&P projects that the company will record a roughly $1
billion of free operating cash flow (FOCF) deficit in 2025 and must
also repay a $500 million term loan at Dish DBS in 2025, likely
leaving it with about $4 billion to end the year.
Echostar faces a significant maturity wall in 2026, which could
result in a debt restructuring. More specifically, the company has
$6.2 billion of debt coming due in 2026 comprising:
-- July 1, 2026: $2 billion of unsecured notes at Dish DBS. S&P
said, "We do not believe the company would be able to refinance
this debt with unsecured debt. We also believe raising incremental
secured debt at Dish DBS is unlikely given the secular headwinds
facing the business and doing so would push total debt to EBITDA to
about 5x in 2026 (from 4.5x assuming repaid with cash). There is a
maximum secured leverage incurrence covenant of 3.75x in the
secured indentures, which is likely indicative of market appetite
for total secured leverage. We note that the company could maintain
compliance with this covenant given that some secured debt resides
at Dish SubscriberCo, and the covenant is measured on consolidated
cash flow. Still, we estimate refinancing this unsecured tranche
with secured debt would push total secured debt to EBITDA about
4.5x in 2026 on a declining EBITDA base, which could be too high to
access the market at affordable rates. Given trading prices on this
debt (currently yielding about 19%) it is possible that a
subsequent restructuring offer is made to extend the maturity."
-- Aug. 1, 2026: $750 million of unsecured notes and $750 million
secured notes at Hughes Satellite Systems Corp. Management has
signaled its intention to refinance this debt with cash flow
generated by Hughes. This will likely require parent support given
that the new and valuable Jupiter-3 satellite is leased from a
wholly owned subsidiary of Echostar. S&P said, "We suspect lenders
would require this asset as part of the restricted group and
collateral package. Still, refinancing could be a challenge given
the longer-term secular headwinds facing the satellite internet
market that could limit lenders' appetite for leverage. For reasons
similar to Dish DBS', we believe Hughes may not have access to the
unsecured debt markets. The existing secured indenture contains a
maximum secured debt incurrence covenant of 4x, which could be
indicative of the market's appetite for secured leverage. We expect
S&P Global Ratings-adjusted EBITDA (which adds back satellite rent
expense) to improve to about 5x through 2027 due to additional
capacity from Jupiter-3 (from 6x in 2024), albeit with more
uncertainty longer term. This lack of predictability, coupled with
elevated leverage could make it difficult for Hughes to refinance
all of its debt at par. Therefore, a restructuring is also possible
because Hughes' unsecured debt is currently yielding about 21%."
Dec. 1, 2026: $2.75 billion of secured notes at Dish DBS. S&P said,
"We believe Dish may be able to refinance these notes with secured
debt at Dish DBS, which is currently yielding about 10.5%. However,
3 million pay-TV subscribers were moved into an unrestricted entity
called DBS SubscriberCo, where roughly $2.5 billion of debt resides
with a senior position on these assets, which we estimate accounts
for roughly 35%-40% of Dish DBS' value."
However, there does appear to be a path to avoid a restructuring in
2026. This will depend on the cash burn at Dish Network's wireless
business (which is very difficult to predict), the ability and
willingness to use internal cash at Echostar Corp. to repay Dish
DBS' and Hughes' unsecured debt at par, the market's appetite to
refinance secured debt at Dish DBS and Hughes, and Echostar's
ability to raise the incremental debt (or equity) needed to fund
ongoing cash shortfalls at Dish Network Corp.
S&P said, "We forecast that Echostar will have the ability to repay
the $2 billion unsecured notes at Dish DBS due July 1, 2026, with
cash. We believe there could be an incentive to do so given that
there is a cross-default provision with Dish Network (but not
Echostar) and Dish Network still holds valuable spectrum licenses.
The company could also repay with cash the Hughes unsecured notes
that are due Aug. 1, 2026, but it would need to refinance and repay
the $750 million secured with new secured notes. Under that
scenario, the company would be left with about $600 million of cash
in August 2026. We believe it would need external capital of at
least $500 million to fund operations for the remainder of 2026 and
likely another at least $1 billion to cover the FOCF deficit in
2027. We believe this could potentially be achieved through the
issuance of spectrum-backed notes."
S&P believes it's possible the company could raise incremental debt
of at least $2 billion through additional spectrum-backed notes.
More specifically:
-- Echostar's secured debt carries a 37.5% loan-to-value (LTV)
first-lien incurrence covenant. The appraised value of the AWS-3
and AWS-4 spectrum licenses was determined to be $33.1 billion, or
about 30% LTV. This leaves room for an additional roughly $2.3
billion in secured debt capacity.
-- There are also unencumbered spectrum assets, including the
H-Block and 700 megahertz licenses, among others.
-- The auction 110 (3.45 gigahertz) spectrum backs a $4.7 billion
intercompany loan receivable payable to a direct wholly owned
subsidiary of Echostar from Dish Network that matures on Dec. 1,
2026.
Then, in 2027, there is also another $3.5 billion of
spectrum-backed notes due in November 2027, which are currently
yielding about 7%. There is an LTV covenant of 35% with an
appraised value on the spectrum of $10 billion. Therefore, S&P
believes the company could successfully refinance these notes with
similar collateral.
The wireless business will continue to burn cash, resulting in an
ongoing need for capital. The wireless business had a cash burn of
about $2.8 billion in 2024, consisting of negative $1.7 billion in
EBITDA and about $1.1 billion in capital expenditure (capex). The
large operational loss is being driven by lease expenses on towers
related to the company's 5G Network, which does not generate
material revenue yet. The company has consolidated its retail and
5G segment reporting but for the first nine months of 2024 its
retail wireless business lost about $175 million in operating
income before depreciation and amortization (operating income
before depreciation and amortization [OIBDA]) while the 5G Network
lost $977 million in OIBDA.
S&P said, "We believe the retail business (dba Boost Mobile) will
be challenged to increase market share because it is a mature and
competitive marketplace with well-established national players that
have solid brands. Furthermore, cable providers have successfully
gained a lot of subscribers in the more price-sensitive segment of
the market, which is the most likely segment for Boost to appeal
to. We believe profitability will be hurt by subscriber acquisition
costs as marketing expenses rise. This could be partly offset by
moving existing Boost prepaid subscribers on-network and reducing
variable costs paid to wholesale network providers, such as AT&T.
"For the company to expand its wireless business and achieve
profitability, we believe it will require a significant expansion
in the 5G enterprise market, which has been slow to materialize and
is difficult to predict. Our forecast assumes gradual adoption by
enterprise customers such that Echostar's wireless segment
approaches break-even EBITDA by 2028, but this involves significant
uncertainty."
Echostar has network build-out requirements with the Federal
Communications Commission [FCC] related to its spectrum licenses
that require capex, albeit at a reduced rate of spending. The
company has stated it will cost about $10 billion for the network
buildout (excluding capitalized interest), of which it has incurred
about $7.5 billion between 2021 and 2024. Therefore, S&P estimates
it will need to spend another roughly $2.5 billion in
network-related capex through 2028 to meet current requirements.
It has satisfied the initial 70% population requirement by building
in the major metropolitan and more densely populated areas. The
next milestones require 75% of the population in each economic area
(which is a service area established by the FCC) for certain
licenses, including the AWS-3, 700 MHz, H-Block, and 600 MHz
spectrum by Dec. 14, 2026. However, this can be further extended to
June 14, 2028, under certain circumstances, including the buildout
of at least 24,000 5G sites by June 14, 2025. S&P said, "We believe
it will meet this extension given that as of the Feb. 27, 2025
earnings call it had 23,000 sites up. This will allow the company
to curtail its capex its preserve cash as we project wireless capex
is reduced to about $500 million-$700 million per year in 2025-2027
(from $1.1 billion in 2024 and a peak of $2.5 billion in 2022 and
2023)."
S&P said, "We continue to view the capital structure as
unsustainable. We do not currently envision an inflection point
where FOCF could turn positive with the current debt load and
interest rates. Therefore, we believe the company will likely
require further debt restructuring absent a significant improvement
in its wireless operating trends."
The ratings on Dish DBS and Hughes Satellite Systems Corp. are
constrained by the parent. S&P expects that controlling shareholder
Charlie Ergen will continue to use these subsidiaries' cash flow
and financial resources to help fund its wireless business that
resides outside of the respective restricted groups. For example,
in early 2024, assets were stripped away from Dish DBS, including a
sizable $4.7 billion intercompany loan receivable that will now be
paid to a direct wholly owned subsidiary of Echostar Corp.,
effectively out of reach of Dish lenders. Collateral (3 million
Dish TV subscribers) was also shifted away from Dish DBS lenders
and into an unrestricted subsidiary, diluting recovery prospects
for Dish DBS lenders. However, this was more benign because it
provided a source of capital to refinance Dish DBS' unsecured
maturities in late-2024. At Hughes, the valuable Jupiter-3
satellite resides outside of the restricted group at an Echostar
subsidiary, requiring Hughes to pay rent.
The negative outlook reflects ongoing FOCF deficits, refinancing
risk in 2026, and uncertainty around EchoStar's ability to
successfully penetrate the mature and competitive wireless market.
S&P could lower its rating on EchoStar if its liquidity position
narrowed over the next year such that it viewed a default or
distressed exchange as likely over the next 12 months. This could
occur later this year as maturities become current.
Although unlikely over the next year, S&P could raise the rating if
EchoStar demonstrated a path to long-term FOCF generation from
profitable market share gains in its wireless segment. This would
likely involve public disclosure of network partners and enterprise
contracts that would demonstrate to us that its wireless strategy
can generate significant revenue and cash flow.
DISPATCH ACQUISITION: S&P Affirms 'B-' ICR, Outlook Stable
----------------------------------------------------------
S&P Global Ratings affirmed the 'B-' issuer credit rating on
Dispatch Acquisition Holdings LLC's (dba Denali) and revised the
rating outlook to stable from negative.
S&P said, "We also affirmed the 'B-' issue-level rating on the
company's first-lien secured credit facility (including the amended
and extended revolver). The recovery rating remains '3' (rounded
estimate: 50%).
"The stable outlook on Denali reflects our expectation the company
will maintain adequate liquidity and, although credit metrics will
improve driven by growth in its retail segment over the next year,
it will remain highly leveraged.
"The outlook revision follows our expectations for improved
operating performance and credit metrics in 2025 and beyond, while
maintaining adequate liquidity. Denali's converted products
segment, especially Imperial Western Products (IWP), has continued
to face headwinds and underperformed in 2024 due to unfavorable
commodity prices affecting renewable identification number (RIN)
credit trading margins. We expect the headwinds to continue through
2025; however, we expect this to be more than offset by growth in
its retail segment driven by new contract wins in its depack
business, where the company has significantly invested growth
capital. The depack business, which has ramped up throughout 2024
and into 2025, enables retailers, to leverage its unsalable food
with Denali's innovative depackaging technology. In addition, new
products such as ReCirculate, repurposes unsalable food waste and
converts it into compost and organic potting soil to be sold at
retailers. We expect the companies industrial haul and recurring
maintenance segments to be relatively stable, and a significant
portion of the company's revenues are recurring in nature and
contracted with longstanding customers. The business benefits from
high switching costs for customers as the cost of failure
significantly outweighs the cost of services provided. Combined
with new product innovation, new contract wins in new markets, and
the company's focus on cost-saving initiatives and operating
efficiency over the next 12 months, we expect Denali to improve
earnings and profitability.
"We anticipate the company's funds from operations (FFO) to total
debt will remain well-below 12% on a weighted-average basis and
debt to EBITDA to remain below 8x. We view S&P Global
Ratings-adjusted weighted-average debt to EBITDA as weaker than
that of similar industry and 'B' category rated peer such as
Interstate Waste Services Inc. Following the March 2025 amend and
extend of its $92 million revolving credit facility to 2027 and the
extension of its $70 million accounts receivable (AR)
securitization to 2028 (which the company uses fully), we expect
Denali to maintain adequate liquidity. In addition, as the result
of prepayments from a key customer in its depack business, we
expect the company to improve its revolver availability in 2025.
Although the company has elevated capital spending in 2024 and is
expected in 2025 as the result of growing and building out its
depack business, our expectation for improved earnings should lead
to improved free cash flow generation beyond 2025."
Denali benefits from high barriers to entry and leading market
shares to help drive profitability. Waste management services are
sticky and create barriers to entry due to high switching costs for
customers. The cost of failure significantly outweighs the cost of
service. Specifically, Denali benefits from contracts with key
customers who have been contracted for the company for long
periods. A significant portion of the business provides recurring
services that are considered critical and nondiscretionary for its
customers. The company also maintains a national network of reuse
sites secured by permits and a geographic proximity to transfer
waste streams to reuse outlets. Also, Denali's customer and
application-specific treatment processes are difficult to replicate
for smaller industry players.
Landfill avoidance and diminishing landfill capacity are major
trends increasing demand for sustainable specialty waste services.
Landfill capacity has decreased over the past 20 years, and we
expect the trend to continue amid tightening regulations in some
states that ban organic waste at landfills. Denali does not send
its waste to landfills, but rather repurposes various organic waste
streams such as compost, potting soil, mulch, biodiesel, and animal
feed.
S&P said, "The stable outlook reflects our view that the company's
credit measures will remain highly leveraged over the next 12
months. Following Denali's recent amend and extend of its revolver,
the company no longer faces near-term refinancing risk (which was a
key risk factor when the outlook was negative) . We expect the
company's operating performance to continue to face commodity
headwinds in the converted products business, which has
underperformed to date due to unfavorable commodity prices.
However, we expect the company's daily haul and recurring
maintenance recurring revenue stream, combined with favorable
industry tailwinds in its retail and depackaging businesses and
cost improvements will likely lead to significant EBITDA
improvement in 2025 and allow Denali to achieve a modest reduction
in weighted-average S&P Global Ratings-adjusted debt leverage to
around 7x-8x in the next 12 months."
S&P may take a negative rating action on Denali within the next 12
months if:
-- Business conditions in the organic water waste streams and food
waste collection deteriorate such that EBITDA declines materially,
causing adjusted debt leverage at levels S&P deems unsustainable;
or
-- The company consistently generates negative free cash flow
stemming from significant integration missteps or loss of major
contracts, causing liquidity to become constrained and/or covenants
cushions to tighten.
-- The company has prolonged negative free cash flow generation;
-- Company sponsors and financial policies become more aggressive
and any transactions are funded in a manner that increases debt
leverage;
-- Denali undertakes a transaction that S&P views as a distressed
exchange; or
-- Liquidity reduces such that sources is less than 1.2x uses.
S&P may take a positive rating action on Denali, within the next 12
months if:
-- Debt leverage approaches and is sustained around 6x for
consecutive quarters, and we believe the company's financial
policy, inclusive of debt-financed acquisitions and shareholder
returns, is supportive of this improved level of leverage; and
-- Commodity pricing fundamentals improve, and the company
converted products segment significantly outperforms our base case
expectations, leading to an improvement in EBITDA margins of
greater than 200 basis points (bps); and
-- The company continues to generate positive free operating cash
flow and maintains adequate liquidity.
DITECH HOLDING: Disallowance of Hutchinson's Claims Affirmed
------------------------------------------------------------
In the case captioned as HILDA HUTCHINSON, Appellant, -against-
STACEY TUTT, COMSUMER CLAIMS TRUSTEE Appellee, Case No.
23-cv-02482-PGG (S.D.N.Y.), Judge Paul G. Gardephe of the United
States District Court for the Southern District of New York
affirmed the order of the United States Bankruptcy Court for the
Southern District of New York that disallowed and expunged two
consumer creditor claims that Hilda Hutchinson filed in the
bankruptcy case of Ditech Holdings Corporation and certain of its
affiliates.
In disallowing and expunging Hutchinson's claims to a portion of
the consumer creditor fund, the Bankruptcy Court reasoned that (1)
the causes of action supporting her claim are barred by collateral
estoppel; and (2) that given the standards under Rule 12(b)(6),
Hutchinson failed to state grounds for relief under any of the
claims that she asserted in addition to those that were set forth
in the state court litigation.
Hutchinson's core argument before the Bankruptcy Court (and the
Kings County court) was that because EverBank mistakenly credited
her payments to Lot 6 and her neighbor's payments to Lot 5, she was
relieved of her obligation to make payments on the note and
mortgage she had assumed regarding Lot 5, and was entitled to a
refund of all mortgage payments she had made pursuant to her
Assumption Agreement.
Proceeding from the mistaken premise that EverBank's administrative
error regarding Lot 5 and Lot 6 relieves Hutchinson of her
obligation to pay her own mortgage on Lot
5, Hutchinson argued before the Bankruptcy Court that she is
entitled to recover from the consumer creditor fund established in
the Third Amended Chapter 11 Plan. In seeking such a recovery,
Hutchinson relies primarily on the same causes of action and legal
theories that she alleged in the Kings County action.
However, Debtors' efforts to collect from Hutchinson in connection
with the note and mortgage that she assumed with respect to Lot 5
were not fraudulent or deceptive, and were not premised on
misrepresentations.
Hutchinson has not plausibly pled damages because, as the Kings
County court found, any payments she made in excess of her
obligations with respect to Lot 5 pale in comparison to the
obligations she has defaulted on by not making payments on her Lot
5 mortgage, and Debtors would be entitled to apply that excess to
the payments that Hutchinson has defaulted on. Accordingly, the
Bankruptcy Court did not err in finding that Hutchinson has not
stated a plausible claim for fraud or misrepresentation, the
District Court finds.
Hutchinson also alleges that Debtors committed a breach of
contract.
According to the District Court, it is not clear from Hutchinson's
complaint what contract she claims that the Debtors breached. Given
that no party has argued that Hutchinson was ever contractually
obligated to make mortgage payments for Lot 6, the District Court
infers that Hutchinson's breach of contract claim is premised on
the contract she did sign -- the assumption agreement for the note
and mortgage relating to Lot 5. However, Hutchinson does not plead
facts demonstrating how Debtors (or any associated or predecessor
entities) breached the assumption agreement. Moreover, Hutchinson
does not plead any damages stemming from any purported breach. Nor
could she plausibly do so, given that she has not made payment on
her Lot 5 mortgage since 2015. Accordingly, Hutchinson has not
plausibly
alleged a breach of contract claim, the District Court finds.
Hutchinson also alleges that Debtors violated the Fair Credit
Reporting Act.
But Hutchinson does not plead facts showing that she notified a
credit reporting agency about any alleged inaccuracies in her file.
This omission is fatal to her claim, the District Court says.
Moreover -- even if Hutchinson had complained to a credit reporting
agency -- she does not allege that Debtors failed to conduct a
reasonable investigation in response to her complaint. Accordingly,
the Bankruptcy Court did not err in holding that Hutchinson has not
stated a plausible claim under the Fair Credit Reporting Act.
Hutchinson also alleges that Debtors violated the Fair Debt
Collection Practices Act.
Green Tree Servicing LLC -- later known as Ditech Financial LLC,
one of the debtor entities in the bankruptcy proceedings -- became
the servicer of Hutchinson's loan in May 2014. Hutchinson's loan
entered default in July 2015. Accordingly, Green Tree and Ditech
were not debt collectors as defined by the FDCPA; the FDCPA does
not apply here; Hutchinson's claim premised on the FDCPA fails as a
matter of law; and the Bankruptcy Court did not err in so holding,
the District Court concludes.
Hutchinson also claims that Debtors violated the Real Estate
Settlement Procedures Act.
According to the District Court, Hutchinson has not pled any RESPA
violations with specificity. Moreover, even if Hutchinson had pled
facts demonstrating that Debtors failed to
comply with the RESPA, she has not plausibly alleged any damages,
let alone a causal link between the alleged violation and the
damages she suffered. For these reasons, the Bankruptcy Court did
not err when it found that Hutchinson had not stated a claim for a
violation of the RESPA, the District Court finds.
None of Hutchinson's remaining alleged causes of action, theories,
or claims have any merit because they are all based on the faulty
premise that the document mix-up between Lot 5 and Lot 6 and any
statements that Green Tree, District Court finds.
This appeal is dismissed in its entirety, the District Court holds.
Hutchinson's miscellaneous motions are denied.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=zv75YI from PacerMonitor.com.
About Ditech Holding Corporation
Fort Washington, Pennsylvania-based Ditech Holding Corporation and
its subsidiaries -- http://www.ditechholding.com/-- are
independent servicer and originator of mortgage loans.
Ditech Holding and certain of its subsidiaries, including Ditech
Financial LLC and Reverse Mortgage Solutions, Inc., filed voluntary
Chapter 11 petitions (Bankr. S.D.N.Y. Lead Case No. 19 10412) on
Feb. 11, 2019, after reaching terms with lenders of a Chapter 11
plan that will reduce debt by $800 million.
The Debtors tapped Weil, Gotshal & Manges LLP as legal counsel,
Houlihan Lokey as investment banker and AlixPartners LLP as
financial advisor. Epiq Bankruptcy Solutions LLC served as claims
and noticing agent.
Kirkland & Ellis LLP and FTI Consulting Inc. served as the
consenting term lenders' legal counsel and financial advisor,
respectively.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors in the Debtors' cases on Feb. 27, 2019. The
creditors' committee tapped Pachulski Stang Ziehl & Jones LLP as
its legal counsel and Goldin Associates, LLC, as its financial
advisor.
On May 2, 2019, the U.S. trustee appointed an official committee of
consumer creditors. The consumers committee tapped Quinn Emanuel
Urquhart & Sullivan, LLP, as counsel and TRS Advisors LLC, as
financial advisor.
On Sept. 26, 2019, the Bankruptcy Court confirmed Ditech's Chapter
11 bankruptcy plan, which became effective four days later. A
Consumer Claims Trustee has been appointed in the case and is
represented by Richard Levin, Esq., at Jenner & Block, LLP.
DON ENTERPRISES: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
DON Enterprises, Inc. received final approval from the U.S.
Bankruptcy Court for the Western District of Pennsylvania to use
cash collateral.
The final order authorized the company to use cash collateral
pursuant to its 13-week budget, which shows total operating
expenses of $120,689.14.
As protection for the company's use of their cash collateral,
Wesbanco Bank Community Development and Chris and Cherly Lloyd were
granted post-petition liens on the cash collateral.
In addition, Wesbanco and Cheryl Lloyd will receive monthly
payments of $9,470.43 and $690.58, respectively.
About DON Enterprises Inc.
DON Enterprises Inc. is a nonprofit organization focusing on
community revitalization, housing, and employment opportunities for
people with disabilities. Through its range of programs and
services, DON Enterprises strives to foster a more inclusive
community while promoting independence and integration into
society.
DON Enterprises sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-20379) on
February 17, 2025. In its petition, the Debtor reported between $1
million and $10 million in both assets and liabilities.
Judge John C. Melaragno oversees the case.
Kathryn L. Harrison, Esq., at Campbell & Levine, LLC is the
Debtor's legal counsel.
Wesbanco Bank Community Development, as lender, is represented by:
Jeffrey R. Lalama, Esq
Meyer Unkovic & Scott LLP
535 Smithfield Street, Suite 1300
Pittsburgh, PA 15222
Tel: 412-456-2876
Fax: 412-456-2864
Email: jl@muslaw.com
ECTUL HOLDINGS: Seeks to Tap Mendez Law Offices as Legal Counsel
----------------------------------------------------------------
Ectul Holdings, LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Florida to employ Mendez Law Offices,
PLLC as counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties in
the continued management of its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare legal documents necessary in the administration of
the case;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
The hourly rates of the firm's counsel and staff are as follows:
Attorney $450
Legal Assistant/Paralegal $150
The firm also requested an initial retainer of $15,000 from the
Debtor.
Diego Mendez, Esq., an attorney at Mendez Law Offices, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Diego G. Mendez, Esq.
Mendez Law Offices, PLLC
P.O. Box 228630
Miami, FL 33178
Telephone: (305) 264-9090
Facsimile: (305) 264-9080
Email: diego.mendez@mendezlawoffices.com
About Ectul Holdings
Ectul Holdings LLC owns three retail spaces at 1300 Brickell Bay
Drive, Miami, FL 33131, including Unit CU-8 (Folio
01-4139-125-3820), Unit CU-9 (Folio 01-4139-125-3830), and Unit
CU-11 (Folio 01-4139-125-3850), with a total value of $14 million.
Additionally, the Debtor owns a separate property at 1331 Brickell
Bay Drive, #4607, Miami, FL 33131, valued at $5 million based on
comparable sales.
Ectul Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12521) on March 8,
2025. In its petition, the Debtor reports total assets of
$19,000,000 and total liabilities of $13,302,315.
Mendez Law Offices, PLLC represents the Debtor as legal counsel.
EDWIN GOULD: Show Cause Hearing Set for May 14
----------------------------------------------
The Hon. Emily Morales-Minerva of the Supreme Court of the State of
New York, County of New York, will hold a hearing on May 14, 2025,
between 10:30 a.m. and 11:30 a.m., at 111 Centre Street, Part 42,
New York, New York, for all persons interested in Edwin Gould
Services for Children and Families Inc. why an order should not be
entered dissolving the Company pursuant to Article 11 of the New
York Not-For-Profit Corporation Law ("NY N-PCL") Section 102.
Edwin Gould Services for Children and Families Inc. offers
community programs and services including permanency and adoption,
eliminating domestic violence and mental health services.
ELITE SURGERY: Hires FLP Law Group LLP as Legal Counsel
-------------------------------------------------------
Elite Surgery Center, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ FLP Law
Group LLP as counsel.
The firm will provide these services:
a, assist the Debtor in complying with the requirements of the
Office of the United States Trustee and counsel the Debtor
regarding its duties as Debtor-in-Possession;
b. assist in administering the bankruptcy case, marshaling and
preserving assets, and formulating a Chapter 11 plan of
reorganization;
c. appear in the bankruptcy court on the Debtor's behalf;
d. negotiate with parties-in-interest and counsel the Debtor
about its roles in those negotiations;
e. examine claims files against the estate and resolve any
disputes;
f. prosecute avoidance and dischargeability actions, actions
to determine the extent of liens, other adversary actions or
contested matters, any actions removes to the bankruptcy court;
g. assist and guide other professionals, less familiar with
the bankruptcy processes and rules, in their work for the Debtor
that affects the chapter 11 cases; and
h. perform other services.
The firm will be paid at these rates:
Marc A. Lieberman $675 per hour
Mark J. Pearl $675 per hour
Greg Yaris $675 per hour
Alan W. Forsley $645 per hour
Legal Assistant $195 per hour
The firm received a retainer in the amount of $35,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Marc A. Lieberman, Esq., a partner at FLP LAW Group LLP, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Marc A. Lieberman, Esq.
Alan W. Forsley, Esq.
FLP LAW Group LLP
1875 Century Park Eat, Ste 2230
Los Angeles, CA 90067
Tel: (310) 284-7350
Fax: (310) 432-5999
Email: marc.lieberman@flpllp.com
alan.forsley@flpllp.com
About Elite Surgery Center, LLC
Elite Surgery Center, LLC doing business as Elite Robotic Surgery
and Elite Robotic Surgery Center, is an ambulatory surgery center
specializing in outpatient surgical procedures that do not require
overnight hospitalization. The center offers advanced, minimally
invasive surgeries, often utilizing robotic technology to enhance
precision and recovery times.
Elite Surgery Center sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-12149) on March 17,
2025, listing $716,715 in assets and $2,833,257 in liabilities.
David Groves, chief financial officer of Elite Surgery Center,
signed the petition.
Judge Vincent P. Zurzolo oversees the case.
Alan W. Forsley, Esq. at FLP Law Group, LLP represents the Debtor
as bankruptcy counsel.
ENDRA LIFE: Reports $11.51 Million Net Loss, No Revenue in 2024
---------------------------------------------------------------
ENDRA Life Sciences Inc. submitted its annual report on Form 10-K
to the Securities and Exchange Commission, revealing a net loss of
$11.51 million for the year ending Dec. 31, 2024. This marks a
slight increase from the previous year's net loss of $10.06
million. The rise in the net loss was mainly due to a $2.3 million
non-cash charge for inventory valuation and an additional $0.8
million non-cash charge related to warrants in 2024. Excluding
these one-time, non-cash expenses, totaling $3.1 million, the
Company showed significant improvement in its financial
performance, reflecting the positive effects of cost-saving
measures implemented during the second half of 2024. The Company
generated no revenue in either 2024 or 2023.
As of Dec. 31, 2024, the Company had $4.45 million in total assets,
$1.89 million in total liabilities, and $2.56 million in total
stockholders' equity. As of Dec. 31, 2024, the Company had $3.2
million in cash and cash equivalents.
Since inception, the Company has incurred losses and expects to
continue to incur losses for the foreseeable future. As of Dec.
31, 2024, the Company had an accumulated deficit of $103,438,099.
It has funded operations through securities sales but needs
additional capital to commercialize its TAEUS technology and
generate revenue.
The Company mentioned it is experiencing financial and operational
challenges, with limited revenue and a history of losses. To
remain viable, the Company needs additional capital to advance the
commercialization of its TAEUS applications and meet growth
targets. This includes funding personnel, payroll, research and
development, clinical studies for FDA approval, building strategic
partnerships, intellectual property development, regulatory
approval, sales and marketing expansion, capital expenditures, and
general operational expenses.
ENRA Life stated it may be forced to take additional actions,
including delaying or reducing product development programs and
commercialization efforts, significantly cutting back or
eliminating operations, selling or disposing of rights or assets,
pursuing sales or other strategic transactions, or undergoing
restructuring or insolvency proceedings, if it is unable to secure
adequate financing or financings in the near term on terms that are
satisfactory to it, or at all.
"We are actively exploring additional sources of liquidity and may
seek to raise such capital through, among other means, public or
private equity offerings (including sales of our common stock under
our at-the-market equity offering program), debt financings,
corporate collaborations and/or licensing arrangements," the
Company noted in the report. "However, general market conditions
or the market price of our common stock may not support these
capital raising transactions on terms favorable to us, or at all."
The report of the Company's independent accounting firm, RBSM LLP
contained a "going concern" qualification citing that the Company
has suffered recurring losses from operations, generated negative
cash flows from operating activities, has an accumulated deficit
and has stated that substantial doubt exists about Company's
ability to continue as a going concern.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/1681682/000165495425003612/endra_10k.htm
About ENDRA Life Sciences
Headquartered in Ann Arbor, MI, ENDRA Life Sciences Inc. --
http://www.endrainc.com/-- is the pioneer of Thermo-Acoustic
Enhanced UltraSound (TAEUS), a ground-breaking technology being
developed to assess tissue fat content and monitor tissue ablation
during minimally invasive procedures, at the point of patient care.
TAEUS is focused on the measurement of fat in the liver as a means
to assess and monitor steatotic liver disease and metabolic
dysfunction-associated steatohepatitis, chronic liver conditions
that affect over two billion people globally, and for which there
are no practical diagnostic tools.
ENFIELD AUTO: Seeks to Hire Tony Campbell Parker as Legal Counsel
-----------------------------------------------------------------
Enfield Auto, LLC seeks approval from the U.S. Bankruptcy Court for
the Western District of Tennessee to employ Tony Campbell Parker,
Esq., an attorney practicing in Memphis, Tenn., to handle its
Chapter 11 case.
Mr. Parker will be paid $400 per hour and paralegals will be paid
$100 per hour.
The attorney received a $10,000 retainer from the Debtor.
Mr. Parker disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The attorney can be reached at:
Tony Campbell Parker, Esq.
45 North BB King Blvd., Ste. 021
Memphis, TN 38103
Telephone: (901) 483-1020
Email: Tparker002@att.net
About Enfield Auto
Enfield Auto, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-21410) on
March 8, 2025, listing up to $50 million in both assets and
liabilities.
Tony Campbell Parker, Esq., serves as the Debtor's counsel.
ENVISION CIVIL: Seeks to Tap Essex Richards as Bankruptcy Counsel
-----------------------------------------------------------------
Envision Civil, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of North Carolina to employ the law firm
of Essex Richards, PA as bankruptcy counsel.
The firm will render the following services:
(a) provide legal advice concerning the responsibilities as a
Chapter 11 Debtor and the continued management of its business;
(b) negotiate, prepare, and pursue confirmation of a Chapter
11 plan and approval of disclosure statement, and all related
reorganization agreements and/or documents;
(c) prepare all necessary legal papers associated with
prosecuting the Chapter 11 case;
(d) prepare and appear in the Bankruptcy Court to protect the
Debtor's best interests;
(e) perform all other legal services for the Debtor which may
become necessary in this Chapter 11 case; and
(f) prosecute and defend the Debtor in all adversary
proceedings related to the base case.
The firm will be paid at these hourly rates:
John Woodman, Attorney $400
Paralegal $200
Staff $65
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $10,000 from the Debtor.
Mr. Woodman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
John C. Woodman, Esq.
Essex Richards, P.A.
1701 South Blvd.
Charlotte, NC 28203
Telephone: (704) 377-4300
About Envision Civil
Envision Civil LLC is a contractor specializing in site development
services for a wide range of heavy civil and development projects.
With offices in Charlotte and Raleigh, the Company offers a
comprehensive solution for project owners, managing every aspect
from initial site preparation to heavy site work, including
grading, underground utilities, drainage, and the construction of
roads and parking lots. Envision also boasts a fleet of specialized
equipment and a team of experienced professionals, ensuring
reliable execution of both commercial and residential projects.
Envision Civil LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-40067) on March 24,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Ashley Austin Edwards handles the case.
The Debtor is represented by John C. Woodman, Esq. at Essex
Richards PA.
EPIC Y-GRADE: Moody's Withdraws 'B3' CFR on Debt Extinguishment
---------------------------------------------------------------
Moody's Ratings withdrew all of EPIC Y-Grade Services, LP's (EPIC
Y-Grade) ratings, including its B3 Corporate Family Rating, B3-PD
Probability of Default Rating, B3 backed senior secured 1st lien
term loan B rating and Ba3 backed senior secured super priority
revolving credit facility rating. The outlook was changed to
ratings withdrawn from ratings under review. Prior to the
withdrawal the ratings were under review for upgrade following the
agreement announced by Phillips 66 Company (Phillips 66, A3
negative) to acquire EPIC Y-Grade. The withdrawals follow the
extinguishment of its outstanding debt.
RATINGS RATIONALE
EPIC Y-Grade has fully repaid its backed senior secured 1st lien
term loan and backed senior secured super priority revolving credit
facility following the closing of its acquisition by Phillips 66.
All of EPIC Y-Grade's ratings have been withdrawn because its rated
debt is no longer outstanding.
EPIC Y-Grade Services, LP (a subsidiary of EPIC Y-Grade, LP) is a
midstream energy business with NGL pipelines running from the
Permian Basin to Corpus Christi, Texas. The company was
majority-owned by affiliates of Ares Management Corporation with
ownership stakes also held by Chevron Corporation (Aa2 stable), and
an investor group led by FS Investments.
ERIKSON NATIONAL: Gets CCAA Stay Order; KSV as Monitor
------------------------------------------------------
Erikson National Energy Inc. commenced restructuring proceedings by
filing a Notice of Intention to Make a Proposal ("NOI") pursuant to
Section 50.4(1) the Bankruptcy and Insolvency Act ("BIA") and KSV
Restructuring Inc. ("KSV") was appointed as the trustee in the NOI
proceedings.
On March 11, 2025, Erikson sought to terminate the NOI proceedings
and obtain protection under the Companies' Creditors Arrangement
Act, ("CCAA"). Pursuant to an initial order dated March 11, 2025
("Initial Order") granted by the Court of King's Bench of Alberta
("Court"), the Court ordered and declared, amongst other things:
i) that Erikson is company to which the CCAA applies;
ii) the continuation of the NOI proceedings under the CCAA;
iii) a stay of proceedings against Erikson;
iv) the termination of the NOI proceedings; and
v) the appointment of KSV as the Court-appointed monitor
in the CCAA proceedings.
Further, on March 11, 2025, the Court issued an amended and
restated initial order ("ARIO"). Pursuant to the ARIO, a stay of
proceedings remains in place until May 5, 2025 ("Stay of
Proceedings"). The Court may extend the Stay of Proceedings from
time to time.
The purpose of the CCAA proceedings is to enable Erikson to
maintain its oil and gas assets while it negotiates a sale or other
strategic transaction in respect of Erikson and its assets.
Please note that during the CCAA proceedings, among other relief
provided for in the ARIO:
a) all persons having: (i) statutory or regulatory mandates for the
supply of goods and services; or (ii) oral or written agreements or
arrangements with [Erikson], including without limitation all
computer software, communication and other data services,
centralized banking services, payroll services, insurance,
transportation, services, utility or other services to the Business
or [Erikson]; are hereby restrained until further order of this
Court from discontinuing, altering, interfering with, suspending or
terminating the supply of such goods or services as may be required
by [Erikson] or exercising any other remedy provided under such
agreements or arrangements. [Erikson] shall be entitled to the
continued use of its current premises, telephone numbers, facsimile
numbers, internet addresses and domain names, provided in each case
that the usual prices or charges for all such goods or services
received after the date of this Order are paid by [Erikson] in
accordance with the payment practices of [Erikson], or such other
practices as may be agreed upon by the supplier or service provider
and each of [Erikson] and the Monitor, or as may be ordered by this
Court; and
b) no proceeding or enforcement process in any court ("Proceeding")
shall be commenced or continued against or in respect of [Erikson]
or the Monitor, or affecting the Business or the Property, except
with leave of this Court, and any and all Proceedings currently
under way against or in respect of [Erikson] or affecting the
Business or the Property are hereby stayed and suspended pending
further order of this Court, with the exception of the proceedings
commenced by the Attorney General of British Columbia by Notice of
Appeal, filed December 13, 2024, in the Alberta Court of Appeal,
File No. 2401-0345AC (the “AGBC Appeal”) in respect of the
Order granted December 6, 2024 by the Honourable Madam Justice
Romaine in the NOI Proceedings. For greater certainty, neither the
termination of the NOI Proceedings nor any other term of this Order
shall be interpreted to stay the AGBC Appeal
To date, the court has not approved a claims procedure, and
creditors are not required to file
proof of claim at this time.
A copy of the materials filed in the restructuring proceedings are
available on the Monitor's website at:
https://www.ksvadvisory.com/experience/case/erikson.
The Monitor can be reached at:
KSV Restructuring Inc.
Attn: Andrew Basi
Jason Knight
Suite 1165, 324 - 8th Avenue SW
Calgary, Alberta
T2P 2Z2
Tel: (587) 287-2670
(587) 287-2605
Fax: (416) 932-6266
Email: abasi@ksvadvisory.com
jknight@ksvadvisory.com
Counsel for the Monitor:
Fasken Martineau DuMoulin LLP
Attn: Robyn Gurofsky
Jessica Cameron
350 - 7th Avenue SW, Suite 3400
Calgary, Alberta
T2P 3N9
Tel: (403) 261-9469
(403) 261-9468
Fax: (403) 261-5351
Email: rgurofsky@fasken.com
jcameron@fasken.com
Counsel for the Company:
Bennett Jones LLP
Attn: Keely Cameron
Luc Rollingson
4500, 855 - 2nd Street S.W.
Calgary, Alberta T2P 4K7
Tel: 403-298-3324/7971
Fax: 403-265-7219
Email: cameronk@bennettjones.com
rollingsonl@bennettjones.com
Erikson National Energy Inc. is an Alberta-based junior oil and
natural gas company with assets in the Fort Nelson and Greater Fort
St. John areas of British Columbia.
ESSENTIAL MINERALS: Gets Final OK to Use Cash Collateral
--------------------------------------------------------
Essential Minerals, LLC received final approval from the U.S.
Bankruptcy Court for the District of Delaware to use cash
collateral.
The company needs to use assets that may constitute cash collateral
of its secured creditors to pay the expenses set forth in its
budget.
The 13-week budget projects total operational expenses of
$1,982,812.
The secured creditors that may assert interest in the cash
collateral are PNC Bank, N.A., Citizens Bank, N.A. and Chase Bank,
N.A.
As protection, these secured creditors will be granted replacement
liens on post-petition assets acquired using their cash
collateral.
The secured creditors were ordered to release any hold or freeze on
funds in Essential Minerals' bank accounts and to provide the
company with access to such funds.
Meanwhile, H.P. Hood, LLC, a customer, was ordered to pay Essential
Minerals $96,768 for outstanding invoices.
About Essential Minerals LLC
Established in 2017, Essential Minerals, LLC specializes in the
production of naturally pure calcium products for the food and
pharmaceutical industries. It is based in New Castle, Del.
Essential Minerals filed Chapter 11 petition (Bankr. D. Del. Case
No. 25-10430) on March 10, 2025, listing total assets of $5,983,878
and total liabilities of $11,962,729.
Judge Thomas M. Horan handles the case.
The Debtor is represented by:
Ronald S. Gellert, Esq.
Gellert Seitz Busenkell & Brown, LLC
1201 N. Orange Street, Suite 300
Wilmington, DE 19801
Tel: (302) 425-5806
Email: rgellert@gsbblaw.com
EXTON OPERATING: Taps Ciardi Ciardi & Astin as Bankruptcy Counsel
-----------------------------------------------------------------
Exton Operating Group, trading as IHOP, seeks approval from the
U.S. Bankruptcy Court for the Eastern District of Pennsylvania to
employ Ciardi Ciardi & Astin as counsel.
The firm will provide these services:
(a) give the Debtor legal advice with respect to its power and
duties;
(b) prepare on behalf of the Debtor any necessary legal
papers;
(c) perform all other legal services for the Debtor which may
be necessary herein; and
(d) prepare and file a Plan of reorganization.
The firm's counsel and staff will be paid at these hourly rates:
Albert Ciardi, III, Attorney $625
Jennifer McEntee, Attorney $475
Daniel Siedman, Attorney $450
Dorene Torres, Paralegal $100
Mr. Ciardi disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Albert Ciardi, III, Esq.
Ciardi Ciardi & Astin
1905 Spruce St.
Philadelphia, PA 19103
Telephone: (215) 557-3550
Email: aciardi@ciardilaw.com
About Exton Operating Group
Exton Operating Group, Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Pa. Case No.
25-11126) on March 24, 2025, listing under $1 million in both
assets and liabilities.
Judge Ashely M. Chan oversees the case.
Albert Ciardi, III, Esq., at Ciardi Ciardi & Astin serves as the
Debtor's counsel.
EYENOVIA INC. Inks Non-Binding LOI for Reverse Merger With Betaliq
------------------------------------------------------------------
Eyenovia, Inc. announced that it has entered into a non-binding
letter of intent (LOI) contemplating a potential reverse merger
transaction with Betaliq, Inc., a clinical stage pharmaceutical
company with a therapeutic focus on glaucoma.
The proposed merger would create a new ophthalmic company that
combines two FDA-approved technologies: Betaliq's EyeSol water-free
drug delivery technology for use in glaucoma, and Eyenovia's
Optejet topical ophthalmic liquid dispensing platform.
The proposed transaction remains subject to completion of mutually
satisfactory due diligence, the negotiation and execution of
definitive agreements on mutually satisfactory terms, the approval
of such definitive documentation by the boards of directors of both
Eyenovia and Betaliq, and the completion of necessary financing
contingencies. There can be no assurance that any such agreement
will be executed or the proposed transaction with Betaliq will be
consummated, or as to the timing of the entry of any such agreement
or the consummation of such proposed transaction.
The proposed transaction assumes a value for Betaliq of
approximately $77 million and a value for Eyenovia of approximately
$15 million, assuming zero cash (net of liabilities) at merger
closing. The exchange ratio is intended to result in Betaliq equity
holders owning approximately 83.7% of the combined company, while
Eyenovia equity holders would own approximately 16.3% at the
closing of the merger, on a fully diluted basis.
Betaliq's EyeSol technology offers increased bioavailability and a
drop size of 10 microliters that can be replicated in the Optejet
device. The EyeSol technology is currently used and licensed in
FDA-approved topical eye care medications, including MEIBO™
(perfluorohexyloctane ophthalmic solution, Bausch + Lomb) and
VEVYE™(cyclosporine ophthalmic solution 0.1%, Harrow)
Eyenovia's Optejet dispensing platform, in addition to providing
similar benefits to those provided by EyeSol, also may enhance the
performance of products by making it easier to use and comply with
therapy. Importantly, EyeSol is compatible with the Optejet.
Eyenovia continues to advance development of the user-filled
Optejet and remains on track to file for U.S. regulatory approval
in the fourth quarter of this year. The user-filled Optejet is
designed to work with a variety of topical ophthalmic liquids,
including artificial tears and lens rewetting products.
"Following a review of strategic alternatives that we initiated in
January, I, along with my fellow Board members, concluded that
continuing the negotiation of this potential merger with Betaliq is
in the best interests of our company, our team members, patients
and shareholders," stated Michael Rowe, Chief Executive Officer of
Eyenovia. "Under a combined new company, if the transaction is
completed, our existing products could continue to be marketed to
ophthalmologists and optometrists, while the combination of the
EyeSol and Optejet technologies has the potential to create a
platform that could fundamentally improve how topical eye
medications and products are administered. We look forward to
working with the Betaliq team on the completion of due diligence
and the negotiation and potential execution of a definitive merger
agreement in the coming weeks."
Barry Butler, Chief Executive Officer of Betaliq, added, "This
proposed merger with Eyenovia represents a significant opportunity
in the eyecare space. The inherent synergies of the EyeSol and
Optejet technologies could bring innovative new treatment options
to patients with glaucoma as well as other ocular diseases. By
leveraging the existing pipelines of Eyenovia and Betaliq with
multiple opportunities for pipeline expansion through established
partnerships, we believe we can build a leading ophthalmic
company."
Eyenovia does not intend to discuss or disclose further
developments regarding these discussions unless and until such
definitive agreement is executed or its Board of Directors has
otherwise determined that further disclosure is appropriate or
required by law.
Chardan is acting as advisor to Eyenovia in connection with the
proposed transaction. Raymond James is acting as an advisor to
Betaliq.
Further information of the Company's report filed on Form 8-K with
the Securities and Exchange Commission is available at:
https://tinyurl.com/5a6e88hz
About Betaliq, Inc.
Betaliq, Inc., is a clinical stage pharmaceutical company with a
therapeutic focus on Glaucoma, founded in 2018 through a
collaboration with Novaliq GmbH. Betaliq is developing a global
portfolio of topical glaucoma treatments based on the unique EyeSol
topical delivery system developed by Novaliq. This unique
water-free eye drop technology offers increased residency time and
enhanced bioavailability to provide the needed efficacy, while
using less total drug. EyeSol based eye drops are non-preserved not
containing any chemical preservatives, like benzalkonium chloride,
that can cause damage to the ocular surface, while being dispensed
in a traditional multi-dose eye drop bottle. For more information,
please visit Betaliq.com
About Eyenovia
New York, N.Y.-based Eyenovia, Inc. is an ophthalmic technology
company commercializing Mydcombi (tropicamide and phenylephrine HCL
ophthalmic spray) for inducing mydriasis for routine diagnostic
procedures and in conditions where short-term pupil dilation is
desired, preparing for the commercialization of clobetasol
propionate ophthalmic suspension 0.05% ("clobetasol propionate"),
for the treatment of post-operative inflammation and pain following
ocular surgery, and developing the Optejet delivery system both for
use in combination with its own drug-device therapeutic programs
and for out-licensing for use in combination with therapeutics for
additional indications. The Company's aim is to improve the
delivery of topical ophthalmic medication through the ergonomic
design of the Optejet, which facilitates ease-of-use and delivery
of a more physiologically appropriate medication volume, with the
goal to reduce side effects and improve tolerability and introduce
digital health technology to improve therapy compliance and
ultimately medical outcomes.
In its Quarterly Report for the three months ended September 30,
2024, Eyenovia reported that it had unrestricted cash and cash
equivalents of approximately $7.2 million and an accumulated
deficit of approximately $175.4 million as of September 30, 2024.
For the nine months ended September 30, 2024 and 2023, the Company
used cash in operations of approximately $24.0 million and $17.5
million, respectively. The Company does not have recurring
significant revenue and has not yet achieved profitability. The
Company expects to continue to incur cash outflows from operations
for the near future. The Company expects that it will continue to
incur significant research and development and selling, general and
administrative expenses and, as a result, it will eventually need
to generate significant product revenues to achieve profitability.
These circumstances raise substantial doubt about the Company's
ability to continue as a going concern for at least one year from
the date that the financial statements were issued.
The Company has yet to file its Annual Report for the year ended
December 31, 2024.
FAIRFIELD SENTRY: SIX SIS Loses Bid to Dismiss Adversary Case
-------------------------------------------------------------
The Honorable John P. Mastando III of the United States Bankruptcy
Court for the Southern District of New York denied the motions of
SIX SIS Ltd., f/k/a SIS SegaIntersettle AG, to dismiss the Fifth
Amended Complaint in the case captioned as FAIRFIELD SENTRY LTD.
(In Liquidation), et al., Plaintiffs, v. ABN AMRO SCHWEIZ AG a/k/a
AMRO (SWITZERLAND) AG, et al., Defendants, Adv. Pro. No. 10-03635
(JPM) (Bankr. S.D.N.Y.).
Defendant seeks dismissal for lack of personal jurisdiction.
This adversary proceeding was filed on Sept. 21, 2010. Kenneth M.
Krys and Greig Mitchell, in their capacities as the duly appointed
Liquidators and Foreign Representatives of Fairfield Sentry Limited
(In Liquidation), Fairfield Sigma Limited (In Liquidation), and
Fairfield Lambda Limited (In
Liquidation) filed the Amended Complaint on Aug. 11, 2021. Via the
Amended Complaint, the Liquidators seek the imposition of a
constructive trust and recovery of over $51 million in redemption
payments made by Sentry, Sigma, and Lambda to various entities
known as the Citco Subscribers. Of that amount, Defendant allegedly
received over $32 million through redemption payments from its
investment in Sentry, Sigma, and Lambda.
This action arises out of the decades-long effort to recover assets
of the Bernard L. Madoff Investment Securities LLC Ponzi scheme.
The Citco Subscribers allegedly invested, either for their own
account or for the account of others, into several funds --
including Sentry, Sigma, and Lambda -- that channeled investments
into BLMIS. Fairfield Sentry was a direct feeder fund in that it
was established for the purpose of bringing investors into BLMIS,
thereby allowing Madoff's scheme to continue.
The Amended Complaint alleges that investors received payments on
account of their shares in the Fairfield Funds based on a
highly-inflated Net Asset Value. The Citco Subscribers and the
beneficial shareholders were allegedly such investors.
SIX SIS is organized under the laws of Switzerland with a
registered address in Olten, Switzerland. SIX SIS allegedly
invested into and redeemed shares of the Fairfield Funds through
several companies within the Citco corporate family.
The Amended Complaint alleges that Defendant's purported agent, the
Citco Subscriber, had knowledge of the fraud at BLMIS and therefore
knowledge that the NAV was inflated.
The Amended Complaint alleges that the defendants, including SIX
SIS as a beneficial shareholder of certain accounts, purposefully
availed themselves of the laws of the United States and the State
of New York by investing money with the Funds, and knowing and
intending that the Funds would invest substantially all of that
money in New York-based BLMIS.
The Plaintiffs' allegations and supporting evidence of intentional
investments into BLMIS in New York and selection and use of
U.S.-based correspondent accounts demonstrate that SIX SIS took
affirmative actions on its own apart from the conduct of the
Plaintiffs. The Liquidators have shown Defendant knew and intended
that, by investing in the Funds, its money would enter into
U.S.-based BLMIS. Defendant benefited from the materials that it
received from FGG which confirmed the investments would be made
with BLMIS in New York.
The Court thus finds that Defendant's selection and use of U.S.
correspondent accounts and communications concerning investments
with BLMIS in New York support its exercise of jurisdiction over
the claims for receiving redemption payments from the Fairfield
Funds with the knowledge that the NAV was wrong. The contacts are
not random, isolated, or fortuitous. The contacts demonstrate SIX
SIS's purposeful activities aimed at New York in order to
effectuate transfers from the Fairfield Funds. Plaintiffs have thus
provided facts that sufficiently support a prima facie showing of
jurisdiction over the Defendant.
Defendant argues that the Liquidators' claims do not arise out of
or relate to subscriptions or SIX SIS's alleged decision to invest
in the Funds. However, the Liquidators seek imposition of a
constructive trust on funds received with knowledge that the NAV
was inflated. The issue of knowledge of the inflated NAV is
inextricably tied to Defendant's investments with New York-based
BLMIS. The allegations are directly related to Defendant's
investment activities with BLMIS through the Fairfield Funds.
Defendant's contacts with the United States, both directly and via
its alleged agent, and in communications with the Fairfield Funds,
form a "sufficiently close link" between the defendant, the forum
and the litigation concerning Defendant's activities in the forum,
the Court finds.
Defendant has not established that the Court's exercise of personal
jurisdiction over them would be unreasonable. The Court thus finds
that exercising jurisdiction over Defendant is reasonable and
comports with traditional notions of fair play and substantial
justice.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=3Mjatc
Attorneys for the Defendant, SIX SIS Ltd., f/k/a SIS
SeganinterSettle AG:
Andreas A. Frischknecht, Esq.
Lidia Helena Souza Rezende, Esq.
Erin E. Valentine, Esq.
CHAFFETZ LINDSEY LLP
1700 Broadway, 33rd Floor
New York, NY 10019
E-mail: a.frischknecht@chaffetzlindsey.com
erin.valentine@chaffetzlindsey.com
Attorneys for the Plaintiffs, Joint Liquidators:
Jeffrey L. Jonas, Esq.
David J. Molton, Esq.
Danny Cameron Moxley, Esq.
BROWN RUDNICK LLP
Seven Times Square
New York, NY 10036
E-mail: cmoxley@brownrudnick.com.
About Fairfield Sentry
Fairfield Sentry Limited is being liquidated under the supervision
of the Commercial Division of the High Court of Justice in the
British Virgin Islands. It is one of the funds owned by the
Fairfield Greenwich Group, an investment firm founded in 1983 in
New York. Fairfield Sentry and other Greenwich funds had among the
largest exposures to the Bernard L. Madoff fraud.
Fairfield Sentry became the subject of a BVI liquidation, and a BVI
court appointed Kenneth M. Krys and Greig Mitchell as Liquidators
and Foreign Representatives of Fairfield Sentry and Fairfield Sigma
under BVI law. The Liquidators then sought recognition of the BVI
liquidation as a foreign main proceeding by filing petitions under
Chapter 15 of the Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No.
10-13164) on June 14, 2010 in the Southern District of New York.
The Bankruptcy Court entered an order granting recognition of the
Fairfield Sentry case on July 22, 2010, enabling the Liquidators to
use the U.S. Bankruptcy Court to protect and administer Fairfield
Sentry's assets in the U.S.
FAITH ELECTRIC: Case Summary & 16 Unsecured Creditors
-----------------------------------------------------
Debtor: Faith Electric, Inc.
3800 NE 104th Street
Oklahoma City, OK 73131
Business Description: Faith Electric, Inc., based in Oklahoma
City, specializes in electrical contracting
services, offering design, installation, and
repair for residential, commercial, and
industrial clients. In 2019, the Company
rebranded as Generator Supercenter of
Oklahoma, focusing primarily on Generac
generator sales, installation, and
maintenance.
Chapter 11 Petition Date: March 31, 2025
Court: United States Bankruptcy Court
Western District of Oklahoma
Case No.: 25-10921
Debtor's Counsel: Amanda R. Blackwood, Esq.
BLACKWOOD LAW FIRM, PLLC
512 NW 12th Street
Oklahoma City OK 73103
Tel: (405) 309-3600
Email: amanda@blackwoodlawfirm.com
Total Assets: $2,936,414
Total Liabilities: $5,790,420
Austin Partida, as the CEO, signed the petition.
A full-text copy of the petition, which includes a list of the
Debtor's 16 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/MMVRBWA/Faith_Electric_Inc__okwbke-25-10921__0001.0.pdf?mcid=tGE4TAMA
FASTLINE CARGO: Unsecureds Will Get 12% of Claims in Plan
---------------------------------------------------------
Fastline Cargo, LLC, filed with the U.S. Bankruptcy Court for the
District of New Jersey a Disclosure Statement describing Chapter 11
Plan dated March 10, 2025.
The Debtor is a New Jersey limited liability company. Its principal
business is shipping goods via tractor trailer on behalf of various
customers.
The Debtor has managed its own property and financial affairs
before and during the bankruptcy. During the COVID pandemic, prices
of fuel and labor rose precipitously while new carriers flooded he
market, driving down revenue. This led the Debtor's net profit to
shrink and eventually become negative.
Then in late 2023 one of the Debtor's independent contractors was
involved in a serious accident, resulting in a safety audit. The
audit caused the Debtor's insurance premiums to skyrocket, further
affecting profitability. After the Debtor became unable to make all
of its payments to its secured creditors, one of the creditors
filed a replevin action to recover possession of its collateral,
leading to this bankruptcy filing.
This is a reorganization plan. In other words, the Proponent seeks
to accomplish payments under the Plan by using its post
confirmation earnings from its trucking business.
Class 38 consists of General Unsecured Claims. The allowed
unsecured claims total $2,002,520.94. Unsecured creditors will
receive a distribution of $240,000 (12.0%) of their allowed claims.
This Class is impaired.
The Plan will be funded by the post-confirmation revenue of the
Debtor as well as cash on hand.
Fastline Cargo, LLC will continue to manage its property and assets
following the Confirmation of the Plan.
A full-text copy of the Disclosure Statement dated March 10, 2025
is available at https://urlcurt.com/u?l=dTKCqx from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Ellen M. McDowell
McDowell Law, PC
46 West Main Street
Maple Shade, NJ 08052
Telephone: (856) 482-5544
Facsimile: (856) 482-5511
Email: emcdowell@mcdowelllegal.com
About Fastline Cargo
Fastline Cargo, LLC is a New Jerseylimited liability company, with
shipping goods via tractor trailer on behalf of various customers
as its principal business.
The Debtor filed its voluntary petition for Chapter 11 protection
(Bankr. D.N.J. Case No. 24-17484) on July 29, 2024, listing
$2,722,053 in assets and $4,566,107 in liabilities. Amanjot Kaur,
chief executive officer, signed the petition.
Ellen M. McDowell at McDowell Law, PC serves as the Debtor's legal
counsel.
FINANCE OF AMERICA: Andrew Essex, Cory Gardner Join Board
---------------------------------------------------------
Finance of America Companies Inc. announced the appointment of
Andrew Essex and former U.S. Senator Cory Gardner to its Board of
Directors. Their addition brings a wealth of expertise in
marketing, public policy, and strategic growth, further
strengthening the Company's leadership as it continues to expand
its impact on senior homeowners.
Andrew Essex is a recognized leader in marketing and brand
strategy, having served as the former CEO of Droga5, one of the
world's most influential advertising agencies. With decades of
experience in media, communications, and corporate storytelling,
Essex brings a deep understanding of consumer engagement and brand
positioning that will help FOA continue to educate and empower
retirees.
Cory Gardner served as a U.S. Senator from Colorado from 2015 to
2021 and previously as a U.S. Representative. With extensive
experience in legislative affairs, financial services, and
regulatory policy, Gardner will provide valuable insights into the
evolving financial landscape and help guide FOA in fostering
relationships with policymakers and industry stakeholders.
"I'm thrilled to welcome Andrew and Cory to our Board," said Brian
Libman, Chairman and Founder of FOA. "Andrew's innovative marketing
acumen and Cory's deep understanding of public policy will be
instrumental as we continue to enhance our offerings and advocate
for responsible financial solutions for older Americans."
FOA remains committed to providing financial security and peace of
mind to retirees through its industry-leading solutions. The
Company looks forward to leveraging the expertise of its newly
appointed board members to further its mission and drive long-term
growth.
About Finance of America
Plano, Texas-based Finance of America Companies Inc. is a financial
services holding company. Through its operating subsidiaries, it
operates as a modern retirement solutions platform, providing
customers with access to an innovative range of retirement
offerings centered on the home. In addition, Finance of America
offers capital markets and portfolio management capabilities to
optimize distribution to investors.
* * *
As reported by the Troubled Company Reporter in November 2024,
Fitch Ratings has downgraded the Long-Term Issuer Default Ratings
(IDRs) of Finance of America Companies Inc. and its subsidiaries,
Finance of America Equity Capital LLC and Finance of America
Funding LLC (together, FOA) to 'RD' (Restricted Default) from 'C'.
The action follows the completion of the company's debt
restructuring on Oct. 31, 2024, which Fitch views as a distressed
debt exchange (DDE).
Fitch has also upgraded FOAs IDRs to 'CCC' from 'RD' subsequent to
the DDE.
Fitch has assigned a rating of 'CCC-' with a Recovery Rating of
'RR5' to Finance of America Funding, LLC's new $196 million
senior secured notes due in 2026 and $147 million convertible
senior secured notes due in 2029 issued as part of the exchange.
Concurrently, Fitch has also downgraded Finance of America Funding
LLC's unsecured debt rating to 'RD" from 'C'/'RR6' and withdrawn
the rating as 98% of the notes were exchanged into the new secured
notes.
FIREFLY STORE: Seeks Approval to Hire Daniel Forlano as Accountant
------------------------------------------------------------------
Firefly Store Solutions, Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of North Carolina to
employ Daniel Forlano, an accountant practicing in Greensboro,
North Carolina.
Mr. Forlano will assist the Debtor in the preparation of its tax
returns.
The accountant will be paid a flat rate of $1,000 per tax return
and $125 per hour for business counseling and $85 per hour for
bookkeeping.
Mr. Forlano disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The accountant can be reached at:
Daniel Forlano
5709 Gate City Blvd., Suite 204
Greensboro, NC 27407
About Firefly Store Solutions
Firefly Store Solutions, Inc., a company in Greensboro, N.C., has
been providing American retailers with store solutions, retail
store fixtures, and store displays since 1954.
Firefly Store Solutions filed its voluntary Chapter 11 petition
(Bankr. M.D.N.C. Case No. 24-10591) on September 20, 2024, listing
$1 million to $10 million in both assets and liabilities. The
petition was signed by Adria Arias as chief executive officer.
Judge Benjamin A. Kahn presides over the case.
The Debtor tapped Dirk W. Siegmund, Esq., at Ivey, Mcclellan,
Siegmund, Brumbaugh & Mcdonough, LLP as counsel and Daniel Forlano
as accountant.
FIRST WAY: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------
Debtor: First Way, Inc.
9640 Sidney Hayes Road
Orlando, FL 32824
Case No.: 25-01963
Business Description: First Way Inc. is a transportation and
logistics company specializing in flatbed,
step-deck, reefer conestoga, and dry van
services. Founded in 2014, the Company
provides reliable freight solutions using
skilled drivers and late-model equipment.
Chapter 11 Petition Date: April 4, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Judge: Hon. Lori V Vaughan
Debtor's Counsel: Daniel A. Velasquez, Esq.
LATHAM LUNA EDEN & BEAUDINE LLP
201 S. Orange Avenue
Suite 1400
Orlando, FL 32801
Tel: (407) 481-5800
Fax: (407) 481-5801
Email: dvelasquez@lathamluna.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
Iulian Cosiuc signed the petition as president.
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/QGQC24Y/First_Way_Inc__flmbke-25-01963__0001.0.pdf?mcid=tGE4TAMA
FIVE POINT: S&P Upgrades ICR to 'B', Outlook Stable
---------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Irvine,
Calif.-based publicly traded master-planned community (MPC)
developer Five Point Holdings LLC (FPH) to 'B' from 'B-'. The
outlook is stable.
S&P said, "At the same time, we raised our issue-level rating to
'B+' from 'B' and affirmed '2' recovery rating to Five Point
Holding's senior unsecured notes due 2028. The '2' recovery rating
indicates our expectation of substantial (70%-90%; rounded
estimate: 85%) recovery in the event of a default.
"Our stable outlook reflects our view that demand for finished lots
in FPH's California markets will remain relatively stable in the
face of constrained overall supply. Our forecast also projects that
the company will use its cash position to fund the development of
long-term projects, as we anticipate credit measures such as debt
to EBITDA and EBITDA interest coverage will remain approximately 5x
and above 2x, respectively, through 2025."
Five Point Holdings LLC (FPH) improved operating performance has
resulted in credit metrics commensurate with a 'B'. S&P Global
Ratings-adjusted leverage improves to 3.5x at year-end 2024 from
6.8x at the end of 2023. This is primarily driven by incremental
EBITDA of $100 million and improved profitability as we expect 2025
EBITDA to be between $150-$175 million. S&P said, "We anticipate
that leverage will remain in the 5x area over the next 12-24
months, supported by its EBITDA base after factoring in the
contracted land sales and returns on investments from the Great
Park joint venture. In our view, FPH's land sales continue to
remain lumpy, leaving room for elevated leverage in the subsequent
years. However, these risks are somewhat offset by the absence of
any near-term debt maturities coupled with ample liquidity cushion
provided by the company's cash balance of $430.9 million and full
availability under the $125 million revolving credit facility (due
2027) as of Dec. 31, 2024."
S&P said, "We expect revenue to decrease by approximately 25%-35%
in 2025. We believe the contracted or already closed sales of
acreage in its Great Park Venture will maintain improved operating
performance over the next 12 months. This is supported by the
recently increased average selling price of finished lot sales.
Moreover, the California housing market continues to remain
undersupplied, and S&P Global Ratings expects homebuilders to
continue already accelerated land acquisitions to expand their
community footprint to capture market share. As a result, FPH's
MPCs are anticipated to benefit from strong land demand and
favorable pricing over the next 12-24 months. Based on these
factors, we forecast S&P Global Ratings-adjusted EBITDA of about
$150 million-$175 million in fiscal 2025 (ending Dec. 31, 2025)."
FPH has a high geographic concentration of well-situated assets
that will require significant capital to develop. Compared with
rated land development peers, FPH's footprint exhibits greater
geographic concentration, completely focused in Northern and
Southern California. However, this is mitigated by our view that
these areas (San Francisco, Los Angeles, and Orange County) are
large population centers with diverse local economies. S&P said,
"Furthermore, we view Northern and Southern California as having
strong fundamentals for new home demand while supply remains
constrained, making the company's land pipeline a strategic
advantage with good local share within these markets. While we
expect some recovery in land sales as consumers adjust to higher
mortgage rates and homebuilders maintain market share while the
supply of existing homes remains tight, the improvement in returns
will not cause credit metrics to materially recover. This is due to
inconsistent timing of deliveries in 2026 and beyond while the
Valencia MPC remains in its beginning stages and underdeveloped."
S&P said, "Our stable outlook reflects our view that demand for new
homes in Five Point Holdings LLC's California markets will continue
to see strong demand in the face of constrained supply and our
expectation that the company will continue to deliver on the
execution of its business plan through the end of 2025."
S&P could lower the rating if:
-- Debt to EBITDA approached 6x over the next 12 months,
-- EBITDA declined such that EBITDA interest coverage approached
2x, or
-- The company were unable to appropriately develop its master
planned communities, resulting in higher than expected development
expenditures and weak land closings.
S&P could raise the rating if:
-- Revenue and EBITDA became, in S&P's view, more stable and at a
size that compared favorably with higher-rated peers, and
-- Profits from land sales significantly outperformed S&P's
expectations. This would contribute favorably to the company's
future cash flows and could result in debt to EBITDA well below 3x
and EBITDA interest coverage above 6x on a sustained basis.
FORTUNA AUCTION: Seeks Chapter 11 Bankruptcy in New York
--------------------------------------------------------
On April 1, 2025, Fortuna Auction LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of New
York. According to court filing, the Debtor reports between $1
million and $10 million in debt owed to 100 and 199 creditors.
The petition states funds will be available to unsecured
creditors.
About Fortuna Auction LLC
Fortuna Auction LLC is a boutique auction house specializing in
fine, antique jewelry and luxury watches. Established in 2011, the
Company offers a platform for collectors, wholesalers, retailers,
and private clients to buy and sell jewelry and watches
internationally.
Fortuna Auction LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No.: 25-10632 on April 1,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
The Debtor is represented by Tracy L. Klestadt, Esq. at KLESTADT
WINTER JURELLER SOUTHARD & STEVENS, LLP.
FREEDOM RAVE: Seeks to Hire Mark L. Miller as Bankruptcy Counsel
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Freedom Rave Wear, Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of California to employ the Law
Offices of Mark L. Miller as counsel.
The firm will provide these services:
(a) advise the Debtor regarding matters of bankruptcy law and
concerning the requirements of the Bankruptcy Code, and Bankruptcy
Rules relating to the administration of this case, and the
operation of the Debtor's estate;
(b) represent the Debtor in proceedings and hearings in the
bankruptcy court;
(c) assist in compliance with the requirements of the Office
of the United States Trustee;
(d) provide the Debtor legal advice and assistance with
respect to its powers and duties in the continued operation of its
business and management of property of the estate;
(e) assist the Debtor in the administration of the estate's
assets and liabilities;
(f) prepare necessary legal documents on behalf of the
Debtor;
(g) advise the Debtor concerning the requirements of the
bankruptcy code and the rules relating to the administration of
this case and its duties in a Chapter 11 case; and
(h) assist the Debtor in the preparation, negotiation,
formulation, confirmation, prosecution, implementation and attain
confirmation of a plan of reorganization.
In February 2025, the firm received an initial retainer in the
amount of $30,000 from the Debtor.
Larissa Lazarus, Esq., an attorney at the Law Offices of Mark L.
Miller, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Larissa Lazarus, Esq.
Law Offices of Mark L. Miller
2341 Jefferson Street, Ste. 100
San Diego, CA 92110
Telephone: (619) 574-0551
Email: larissa@millerlegalcenter.com
About Freedom Rave Wear
Established in 2024, Freedom Rave Wear Inc. is a California-based
company specializing in eco-friendly, vibrant festival apparel and
accessories.
Freedom Rave Wear filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-00656) on
February 24, 2025. In its petition, the Debtor reported total
assets of $223,188 and total liabilities of $1,096,894.
Judge Christopher B. Latham handles the case.
The Law Offices of Mark L. Miller serves as the Debtor's counsel.
FULL HOUSE: WM Capital's Bid for Relief from Stay Granted
---------------------------------------------------------
Judge Maria de los Ángeles González of the United States
Bankruptcy Court for the District of Puerto Rico granted WM Capital
Partners 53, LLC's motion for relief from stay in the bankruptcy
case of Full House Development, Inc.
Debtor opposes the motion for relief from stay.
Debtor filed its bankruptcy petition at the same time as two other
related entities: Convention Center Parking Inc., Case No. 24-04516
and Golden Triangle Realty S.E., Case No. 24-04514. In the instant
case, only two creditors have filed proofs of claim, to wit, the
Puerto Rico Department of Treasury, in the amount $3002.05, and WM
Capital, in the original amount of $57,591,876.70 amended on March
19, 2025, to $49,246,225.10.
WM Capital's claim is cross-collateralized with the real properties
in all three related debtor entities, thus the same claim was filed
in each of the three cases.
WM Capital's secured interest was perfected on Sept. 24, 2004, when
Debtor executed a Mortgage Note in the amount of $800,000. The
First Mortgage Note is secured by three properties owned by Debtor:
"Parcel A", "Parcel B", and "Parcel C".
On Sept. 1, 2022, the Court of First Instance of Puerto Rico,
Superior Court of San Juan, issued an Amended Judgment in favor of
WM Capital, and against, among others, Golden Triangle and Debtor,
in the amount of $23,569,530.00 for principal and $17,435,913.85
for interest calculated as of April 9, 2021, which continue
accruing daily, at a rate of $3,067.24 as agreed, until the total
payment of the debt, plus the amounts agreed to in certain
mortgages and the advances allowed by these for $59,793.65, plus
$4,224,248.00 for costs, expenses, and attorney's fees. The State
Court Judgment also authorized the sale in public action of, among
others, the properties.
WM Capital argues that the lifting of the stay is warranted under
11 U.S.C. Sec. 362(d)(2) because Debtor has no equity in the
properties. It contends the properties are not necessary for an
effective reorganization.
WM Capital asserts that Debtor holds no equity on its real estate,
nor does it own any assets which could help it raise operating
capital. It contends Debtor has also admitted that it has no source
of income, and there is no indication in the docket that the
Property, which is a vacant lot of land, has any realistic prospect
of generating income. Under these facts, it alleges that Debtor
cannot prove it has a reasonable possibility of an effective
reorganization. Moreover, given that WM Capital is basically the
only secured creditor (besides CRIM, which is listed as secured
with an unknown amount), and practically the only non-insider
unsecured creditor (besides governmental entities) in this case, as
well as being well undersecured, it will be entitled to vote under
its secured and unsecured portion of its debt with respect to any
potential plan of reorganization that may be filed by Debtor.
Without WM Capital's support, it is highly unlikely that Debtor can
confirm a plan. This is because WM Capital would control the entire
portion of the secured class of any prospective plan, as well as
the unsecured class considering the amount of its deficiency claim.
On the other hand, any proposed reorganization plan that may be
filed by Debtor would not be confirmable under 11 U.S.C. Secs.
1129(a)(11) and 1129(b)(2) of the Code if WM Capital were to make a
11 U.S.C. Sec. 1111(b) election to treat its debt as fully secured,
as Debtor does not have the financial capacity to make the required
payments under this scenario.
Debtor further contends that pursuant to 11 U.S.C. Sec.362(d)(2),
WM Capital must prove that the subject properties are not necessary
for an effective reorganization. The subject properties are part of
a major project that must be administered jointly to maximize their
return to the benefit of all creditors, particularly WM Capital.
Debtor contends that the lifting of the stay will prejudice the
bankruptcy estate and creditors.
The Court finds Debtor failed to present credible evidence on the
feasibility of a plan of reorganization, that it will, in fact, be
able to generate enough income to pay WM Capital in full, plus
interest, within the next three years. And with the evidence
presented the Court is unable to conclude that a reorganization can
occur within a reasonable period of time, or that it is even
possible. Debtor has essentially only one creditor, WM Capital, and
it is requesting the lifting of the stay.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=Br9Cxy from PacerMonitor.com.
About Full House Development
Full House Development, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D.P.R. Case No.
24-04515) on Oct. 21, 2024. In the petition signed by David
Santiago Martinez, president, the Debtor disclosed $700,000 in
assets and $45,229,691 in liabilities.
Judge Edward A. Godoy oversees the case.
Alexis Fuentes-Hernandez, Esq., represents the Debtor as counsel.
GENERAL ENTERPRISE: Theodore Ralston Gains Voting Control
---------------------------------------------------------
General Enterprise Ventures, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that Joshua
Ralston transferred 10,000,000 shares of Series A Preferred Stock
of the Company to Theodore Ralston effective March 12, 2025.
The Series A Preferred Stock transferred to Mr. Ralston constitutes
a super-majority voting interest in the Corporation.
About General Enterprise
Headquartered in Cheyenne, WY, General Enterprise Ventures, Inc. is
an environmentally sustainable flame retardant and flame
suppression company for the residential home industry throughout
the United States and international markets. The Company acquired
Mighty Fire Breaker, LLC on April 13, 2022, and formed Mighty Fire
Breaker UK Ltd. on November 14, 2022. MFB owns 39 patents and
patents pending for environmentally sustainable flame retardant and
flame suppression technology. MFB's products are currently being
sold to fire departments in the State of California.
San Mateo, California-based WWC, P.C., the Company's auditor since
2018, issued a "going concern" qualification in its report dated
April 15, 2024, citing that the Company incurred substantial losses
during the year ended December 31, 2023. As of December 31, 2023,
the Company had a working capital deficit. Accordingly, these
factors give rise to substantial doubt that the Company will be
able to continue as a going concern. Management closely monitors
the Company's financial position and has prepared a plan that
addresses this substantial doubt.
GLOBAL ENERGY: Court Narrows Claims in EBF Adversary Proceeding
---------------------------------------------------------------
Judge Nancy V. Alquist of the United States Bankruptcy Court for
the District of Maryland granted in part and denied in part EBF
Holdings, LLC's motion to dismiss the amended complaint in the case
captioned as ZVI GUTTMAN, CH. 7 TRUSTEE, Plaintiff, v. EBF
HOLDINGS, LLC, Defendant, ADVERSARY NO. 23-00188 (Bankr. D. Md.).
In this adversary proceeding, the chapter 7 trustee, seeks to
recover approximately $145,000 that the debtor, Global Energy
Services, LLC, paid to the defendant, EBF Holdings, LLC d/b/a
Everest Business Funding and to disallow the proof of claim filed
by EBF. EBF filed a motion to dismiss the Trustee's amended
complaint.
The underlying issue in this case involves a pre-petition agreement
between EBF and Global entitled "Revenue Based Financing
Agreement", which is what is known in the industry as a merchant
cash advance agreement.
A threshold question raised in this case is whether the MCA
agreement constitutes a loan or a sale. The Trustee maintains that
the Funding Agreement constitutes a disguised loan and among other
things, is unenforceable because it has a usurious rate of
interest. EBF insists that it is a true sale.
Between June 1, 2021 and the petition date, EBF received
approximately $145,000 in daily payments pursuant to the Funding
Agreement. EBF filed a proof of claim asserting a secured claim in
the amount of $146,525.92. The Trustee commenced the instant
adversary proceeding on Aug. 2, 2023 and filed an amended complaint
on Oct 25, 2023. The Amended Complaint contains nine causes of
action which, collectively, seek to recover the $145,000 in
payments that EBF received from Global pre-petition and to disallow
EBF's claim for the balance it is allegedly owed under the Funding
Agreement:
Count I (Claim Objection / Declaratory Relief). The Trustee seeks
to disallow EBF's proof of claim on the theory that the claim lacks
the evidentiary support required by Rule 3001 of the Federal Rules
of Bankruptcy Procedure, and a declaration that the Funding
Agreement is unenforceable because it is a usurious, unenforceable
loan and not a sale.
Counts II and III (Avoidance of Fraudulent Transfers – Loan or
Sale). The Trustee seeks to avoid the Transfers as fraudulent
pursuant to Sec. 548(a)(1)(B) of the Bankruptcy Code
(Count II assumes the agreement is a loan, while Count III assumes
the agreement is a sale).
Counts IV and V (Avoidance of Fraudulent Transfers – Loan or
Sale). The Trustee seeks to avoid the Transfers as fraudulent
pursuant to Sec. 544(b) of the Bankruptcy Code and Md. Comm. Law
Code Ann. Secs. 15-202 and 15-204 (Count IV assumes the agreement
is a loan, Count V assumes the agreement is a sale).
Count VI (Avoidance of Preference). The Trustee seeks to avoid the
Transfers as preferences pursuant to Sec. 547(b) of the Bankruptcy
Code.
Count VII (Turnover). The Trustee seeks turnover of the Transfers
pursuant to Sec. 542 of the Bankruptcy Code.
Count VIII (Disallowance of Claim). The Trustee seeks disallowance
of EBF's proof of claim pursuant to Sec. 502(d) of the Bankruptcy
Code.
Count IX (Transferee Liability). The Trustee seeks recovery of the
Transfers pursuant to Sec. 550 of the Bankruptcy Code.
EBF filed a motion to dismiss the Amended Complaint, arguing
pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure,
made applicable here by Rule 7012 of the Federal Rules of
Bankruptcy Procedure, that the Trustee had failed to state any
cognizable claim for relief. EBF contends that, under New York
cases interpreting New York law (which governs the Funding
Agreement), the Funding Agreement is not a loan, but a sale to
which a claim (or an affirmative defense in the context of the
Trustee's claim objection) of usury cannot apply. As a result, EBF
argues, the Trustee cannot state a claim for relief to disallow
EBF's claim under a usury theory (Count I) or to avoid the
Transfers under Secs. 544 and 548 on the theory that the Funding
Agreement is a loan (Counts II and IV). Moreover, EBF states that
the amount Global received ($200,000) far exceeds the amount of the
Transfers ($145,000), such that the Trustee cannot plead an
essential element of its Secs. 544 and 548 claims: that Global did
not receive reasonably equivalent value in exchange for the
Transfers. EBF also states that the Trustee cannot plead an
essential element of his preferential transfer and turnover counts
--that the Transfers constitute property of the estate -- because,
pursuant to the Funding Agreement, Global's sale to EBF
extinguished all of Global's legal or equitable interests in the
Transfers pre-petition. Finally, EBF contends that the disallowance
and recovery counts must be dismissed because they necessarily
require success on one of the avoidance claims.
The Court concludes that the Funding Agreement constitutes a sale
of future receipts, not a loan, and that the Trustee has not stated
a cognizable claim based on a usury theory. Accordingly, the Court
will dismiss that portion of Count I seeking declaratory relief, as
well as Count II and Count IV.
At this stage in the proceeding, the Court concludes that the
Trustee has plausibly alleged claims for relief sufficient to
survive dismissal as to the remaining claims in the Amended
Complaint, which assume the Funding Agreement is a sale:
Count III plausibly alleges each of the elements of a fraudulent
transfer: while insolvent, the debtor transferred an interest in
property for less than reasonably equivalent value;
Count V plausibly alleges each of the elements necessary to avoid a
fraudulent transfer: while insolvent, the debtor transferred an
interest in property without fair consideration;
Count VI plausibly alleges the elements of a preferential transfer:
while insolvent, the debtor transferred an interest in property
within ninety (90) days of the petition date to or for the benefit
of EBF resulting in EBF receiving more than it would under a
chapter 7 liquidation;
Count VII plausibly alleges the elements of a turnover action: EBF
is in possession of property of the estate that would otherwise be
available to the estate for use, sale, or lease;
Count VIII plausibly alleges the elements of a disallowance action:
EBF's proof of claim is disallowable because there is recoverable
property or an avoidable transfer that has not been returned or
repaid; and,
Count IX plausibly alleges the elements of a recovery action:
assuming the Trustee can avoid a transfer under one of the other
counts identified above, he would be entitled to recover that
transfer.
Pursuant to the standards applicable to motions to dismiss under
Civil Rule 12(b)(6), the Court concludes that the Trustee has moved
his claims "across the line from conceivable to plausible."
Accordingly, the Court will deny EBF's Motion to Dismiss as to
Counts III, V, VI, VII, VIII, and IX.
The Court finds the Trustee's amended complaint fails to meet the
plausibility requirement in alleging that the Funding Agreement is
a loan. Under the nonexhaustive three-factor test set forth in LG
Funding, LLC v. United Senior Properties of Olathe, LLC, 122 N.Y.S.
3d 309 (2020), and considering the Trustee's factual allegations in
the most favorable light to the Trustee, the Court finds, on the
record before it, that the Funding Agreement is a sale.
Accordingly, dismissal of those counts and claims that are based on
the presumption that the Funding Agreement is a loan is
appropriate.
On the other hand, the Court concludes that at this stage,
dismissal of the remaining counts (that are based on the
presumption that the Funding Agreement is a sale) is not warranted.
For those counts, the Trustee has alleged sufficient facts that, if
proven at trial, could plausibly warrant the relief requested
therein.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=vi7OuW from PacerMonitor.com.
About Global Energy Services LLC
Global Energy Services, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Case No.
21-17305) on Nov. 19, 2021, listing as much as $10 million in both
assets and liabilities.
Judge Nancy V. Alquist presided over the case.
Gary R. Greenblatt, Esq., at Coon & Cole, LLC represented the
Debtor as legal counsel.
PNC Bank, National Association, as secured creditor, was
represented by Michael D. Nord, Esq. at Gebhardt & Smith, LLP.
United States Surety Company and U.S. Specialty Insurance Company,
as secured creditors, were represented by Michael S. Zisa, Esq. at
Peckar & Abramson, P.C.
ROC Funding Group LLC and Fox Capital Group, Inc., as secured
creditors, were represented by Shanna M. Kaminski, Esq. at Kaminski
Law, PLLC.
On Jan. 28, 2022, this bankruptcy case was converted to a case
under chapter 7 on Global's motion.
GLOBAL OUTREACH: Moody's Affirms B1 Revenue Rating, Outlook Stable
------------------------------------------------------------------
Moody's Ratings has affirmed the Global Outreach Charter Academy
Inc., FL's, B1 revenue rating. The outlook is stable. The obligated
group had $75 million of debt outstanding as of fiscal year end
(June 30) 2024.
RATINGS RATIONALE
Global Outreach Charter Academy, FL's B1 rating reflects the four
school obligated groups sound enrollment trends and balanced
operating performance. Three schools are fully enrolled, and GOCA
Arts, which opened in fall 2024, is exceeding enrollment
projections. Enrollment is currently 2,528 approaching full
capacity of about 3,200. Academic performance is mixed with two
schools outperforming and one underperforming the Duval County
Public School district. GOCA Arts just opened and is ungraded.
While enrollment is growing demand remains weak and competition for
students in its service is high.
Operating margins will remain positive in fiscal 2025 with
projected debt service coverage of around 2x, supported by the
final year of capitalized interest. However, future operating cash
flow margins and coverage will narrow as debt service expense
increases to $5 million and capitalized interest is exhausted.
Liquidity is improving and will stay near 100 days of cash on hand.
Future operations will be pressured by softening operational and
capital funding environment.
The school's leverage remains high, with a spendable cash and
investments to debt ratio of 9%. Additionally, balloon maturities
in 2032 and 2033, totaling $54 million, continue to present
refinancing risks. This is somewhat offset by the optional
redemption starting in 2027 for the Series 2022 bonds and 2030 for
the Series 2023 bonds.
RATING OUTLOOK
The stable outlook reflects the likelihood that the school will
continue to generate satisfactory operating margins and maintain
adequate levels of liquidity and debt service coverage. The stable
outlook incorporates the schools expectation that it will continue
to grow enrollment at the Arts campus while maintaining full
enrollment at its other schools.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Full enrollment at all obligated group schools and strengthened
demand
-- Maintain operating cash flow margins in excess of 20% and days
cash on hand above 150 days on a sustained basis
-- Material reduction in balance sheet leverage with spendable
cash and investments covering debt in excess of 20%
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Weakening of competitive profile as evidenced by declining
enrollment and weakening of academic performance
-- Narrower operating cash flow margins in the low single digits
and coverage below 1.20x or days cash on hand trending below 90
days
PROFILE
Global Outreach Charter School, Inc. (changed its name to Global
Leadership Academy) is a K-12 charter school system based in
Jacksonville, Florida operating four schools across five campuses.
Elementary-Middle (2 campuses), GOCA High and GOCA Intracoastal,
and GOCA Arts. As of the 2024-25 academic year, the organization
served 2,528 students from kindergarten through twelfth grade. GOCA
operates under four charters, with expiration dates between 2026
and 2040. GOCA High just received a charter for 15 years and was
designated a high performing charter school. Management believes
GOCA intercoastal will achieve the same designation in 2026. The
charter authorizer is Duval County Public Schools (DCPS).
METHODOLOGY
The principal methodology used in these ratings was US Charter
Schools published in April 2024.
GOPHER RESOURCE: S&P Withdraws 'B-' Issuer Credit Rating
--------------------------------------------------------
S&P Global Ratings withdrew the 'B-' issuer credit rating on Gopher
Resource LLC at the issuer's request. The withdrawal followed the
completion of refinancing of its entire capital structure in late
2024, which S&P also did not rate at the issuer's request.
At the time of the withdrawal, the rating outlook was stable.
Gopher had no rated debt at the time of withdrawal.
GSM OUTDOORS: S&P Alters Outlook to Negative, Affirms 'B' ICR
-------------------------------------------------------------
S&P Global Ratings revised its outlook on Irving, Texas-based GSM
Outdoors Intermediate Holding II Corp. to negative from stable and
affirmed all of its ratings on the company, including its 'B'
issuer credit rating.
The negative outlook reflects greater uncertainty around GSM's
operating performance over the next 12 months and the potential for
EBITDA to decline given its significant exposure to tariffs on
imports from China and other countries in Asia, as well as risks
associated with shifting production to new non-China-based
manufacturing facilities.
S&P said, "It's possible profitability and cash flow could weaken
by more than our base case forecast due to significant exposure to
China tariffs. We estimate that close to 50% of the company's cost
structure is exposed to tariffs on finished goods imported from
China considering 80% of its costs of goods sold are finished goods
imported from the Asia-Pacific region (APAC), of which
approximately 62% are manufactured in China and imported into the
U.S. We believe the balance of manufacturing occurs in the U.S.
(20%) and other APAC countries like Vietnam, Thailand and Taiwan
(20%). Substantially all of GSM's sales are to customers located in
the U.S and Canada. Therefore, we believe more than half of the
company's input cost base could increase significantly over the
next 12 months absent offsetting pricing actions. We anticipate the
company will request vendors to share the impact of tariffs and
take pricing actions to mitigate probable gross margin contraction.
We believe the company has some pricing power due to leading
positions in the niche outdoor enthusiast category, so we assume it
will be able to pass on at least 50% of the tariff cost in 2025.
Therefore, we assume gross margin will contract about 240 basis
points (bps) in 2025 and net sales will be relatively flat because
we expect higher pricing will lead to volume declines. We expect
this will cause EBITDA to decline, leading to leverage of 6.7x and
EBITDA interest of 1.5x in 2025, from 6x and about 1.7x in 2024,
respectively."
GSM's participation in the niche outdoor products and accessories
industry may cause volume declines to be greater than expected. S&P
said, "It is uncertain whether the company will be able to fully
pass on the cost to customers since the category is discretionary,
and we expect weaker consumer spending on discretionary products in
2025. However, we recognize that hunters, fishermen, and other
outdoor enthusiasts view GSM products as important to their
lifestyles. Moreover, just under half of GSM's business is composed
of durable goods, with purchase cycles of two to three years.
Replenishment frequency can elongate when consumers are pressured.
In addition, we believe GSM's brands cater to a wide variety of
consumers, the majority of which we believe are moderate-income
individuals who may be financially stretched after years of high
inflation." Although, brands like Hawk, Avian-X and Yamamoto cater
to higher-income individuals. Moreover, S&P Global economists
anticipate U.S. real GDP growth will decelerate to 1.9% in 2025,
down from 2.8% in 2024 as consumer spending declines and
precautionary behavior takes hold, reversing the trend of the past
couple of years. Ultimately, the company may face challenges
offsetting higher costs considering significant tariffs on China
imports, as well as tariffs on imports from Vietnam and Thailand,
which could lead to greater gross margin contraction. Volumes could
also decline by more than we expect due to greater price
elasticities from consumers if product pricing significantly
increases.
There are also risks associated with shifting production away from
its long-standing facilities in China. The company plans to
diversify production away from China as it moves production to new
facilities in Vietnam and Thailand. S&P said, "We believe GSM has
worked with its China supplier for the past 10 plus years. The
company preemptively made agreements with existing suppliers in
Vietnam and Thailand ahead of potential tariff increases on China
imports and believes it can move production to these facilities
such that it reduces China production to about 40% from 60% by year
end. Due to recently implemented tariffs on Vietnam and Thailand,
there is now greater uncertainty whether the company will continue
to move production to these facilities. Moreover, effectively
planning inventory ordering and managing the working capital cycle
to meet high seasonal demand, especially given its long supply
chain, is essential for meeting profit expectations and generating
satisfactory cash flow. This is because GSM generates roughly 60%
of sales and profits in the third and fourth quarters, with peak
demand immediately preceding and during key hunting seasons from
September to January. While moving production away from China will
likely reduce the cost impact from China tariffs, the company could
face supply chain disruptions before its peak selling season, or
face higher costs from manufacturing in Vietnam and Thailand, which
is a risk to our forecast. Ultimately, there is greater uncertainty
in 2025, and we forecast a decline in EBITDA."
S&P said, "EBITDA interest coverage is weak. In 2024, we believe
S&P Global Ratings-adjusted EBITDA interest coverage was about 1.7x
and forecast it will decline to 1.5x in 2025, although free
operating cash flow (FOCF) should be positive. We believe this is
low for the rating and is due to the high interest margin
associated with its niche business focus and its highly leveraged
capital structure after the leveraged buyout transaction by
Platinum Equity in 2024. In addition, S&P Global economists
anticipate the Federal Reserve will keep the federal funds rate
steady at the current 4.25%-4.50% for most of 2025, which, coupled
with declining EBITDA, will likely further pressure interest
coverage in 2025. Our base case forecast assumes positive FOCF of
about $10 million in 2025 with no revolving credit facility
borrowings at year end; however, we recognize the possibility of
larger-than-expected working capital outflows due to higher-cost
inventory because of tariffs, which could lead to breakeven or
negative FOCF."
Nonetheless, GSM performed in line with our expectations in 2024,
which provides some cushion if the company can successfully
mitigate its tariff exposure. The company reduced S&P Global
Ratings-adjusted leverage to 6x in 2024, which was in line with our
expectations. This was driven by a $20 million increase in S&P
Global Ratings-adjusted EBITDA compared with the previous year
driven by consolidated total net sales growth of 15% and gross
margin expansion due to higher-margin subscription sales growth.
The increase in net sales is primarily due to growth in outdoor
cellular cameras (StealthCam) due to increasing demand for outdoor
cameras while hunting, as well as Walker's due to its solid brand
reputation in the hearing protection category. In addition, it saw
a 37% increase in its digital and subscription business; this
segment has doubled in sales in two years. Historically, the
company has not invested much in advertising. However, S&P believes
the company will start investing more in the subscription business
to increase app awareness and subscriber retention (currently 18%
churn). This strategy also aims to increase StealthCam sales,
operating somewhat like a razor/razorblade model because the two
are used together. This could benefit the topline if the strategy
proves to be effective, since StealthCam may face price increases,
while the digital business, with gross margins over 80%, is not
directly affected by volatile input costs.
The negative outlook reflects greater uncertainty in GSM's
operating performance over the next 12 months and the potential for
EBITDA to decline given its significant exposure to tariffs on
imports from China and other countries in Asia, as well as risks
associated with shifting production to new manufacturing facilities
outside of long-tenured facilities in China.
S&P could lower its rating on GSM if S&P Global Ratings-adjusted
EBITDA interest coverage approaches 1.5x and FOCF is breakeven or
negative. This could occur if:
-- Profitability declines due to an inability to offset the higher
cost of tariffs on finished goods imports;
-- GSM faces supply chain disruptions shifting its production to
new facilities such that it is unable to fill customer orders
during its peak selling season or faces higher than expected costs;
or
-- Stretched consumers curtail their spending on discretionary
purchases in the company's categories.
S&P could also lower the rating if financial policies became more
aggressive, perhaps driven by substantial merger and acquisition
(M&A) activity or sponsor distributions.
S&P could revise its outlook to stable if S&P Global
Ratings-adjusted EBITDA interest coverage approaches 2x or the
company generates FOCF of at least $15 million. This could occur
if:
-- The company is able to offset the impact of tariffs through
higher pricing or shares the cost of tariffs with vendors such that
gross profit does not significantly decline;
-- It is able to shift part of its China production to other
manufacturing facilities without facing supply chain disruptions or
incurring significant additional costs; or
-- Cost savings are realized and offset the impact of lower gross
margins.
GUARDIAN ELDER: Seeks to Extend Plan Exclusivity to June 9
----------------------------------------------------------
Guardian Elder Care at Johnstown, LLC d/b/a Richland Healthcare and
Rehabilitation Center, and its affiliates asked the U.S. Bankruptcy
Court for the Western District of Pennsylvania to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to June 9 and August 10, 2025, respectively.
The Debtors explain that they have experienced a number of
challenges in these cases, including (a) greater complexity and
challenges than related to, for example, the challenge to the sale
of the Owned Portfolio, (b) less than anticipated census at certain
of their facilities and (c) slower than anticipated accounts
receivable collections.
The Debtors claim that another issue of significance to be
addressed relates to the Commonwealth of Pennsylvania Department of
Human Services, Office of Long Term Living's ("DHS") filed proof of
claim number 68 against numerous Debtors asserting a priority claim
under Section 507(a)(8) of the Bankruptcy Code in the amount of
$25,661,310.44 related to alleged unpaid nursing home assessments.
The Debtors dispute the asserted amount and priority of the claim
filed by DHS, and the magnitude and alleged priority of this claim
must be addressed in conjunction with the development of any
liquidating plan in these cases.
The Debtors assert that they need additional time to focus on and
ensure closure on the sale of the HUD Facilities and the smooth
transition of their operations in connection with such sale and
address the other significant issues. The requested extensions of
the Exclusive Periods will provide the Debtors with the time needed
to address these issues and thereby permit the Debtors to focus on
both resolving such issues in a manner that best serves their
estates and creditors and establishing a framework for a viable
path forward without the distraction of a looming exclusivity
deadline.
The Debtors further assert that they do not believe that the
requested modest extension of the Exclusive Periods will harm the
Debtors' creditors or other parties in interest. On the contrary,
the Debtors have conducted these Chapter 11 Cases in an efficient
manner, for the benefit of residents, creditors and other parties
in interest. In addition, the Debtors are not seeking this
extension to prejudice their creditors or to otherwise pressure
creditors to submit to reorganization demands.
Instead, the Debtors seek the requested extension so that they can
work to close on the sale of the HUD Facilities and maintain the
status quo in these Chapter 11 Cases while continuing to work with
their key constituents on the appropriate path forward for the
Debtors' cases and the appropriate structure for any plan. Thus,
because neither the Debtors' creditors nor any other party in
interest will be prejudiced by the proposed extension of the
Exclusive Periods, the Debtors submit that the relief requested
should be approved.
The Debtors' Counsel:
Jeffrey C. Hampton, Esq.
Sabrina Espinal, Esq.
SAUL EWING LLP
1500 Market Street, 38th Floor
Philadelphia, PA 19102
Tel: (215) 972-7777
Email: jeffrey.hampton@saul.com
sabrina.espinal@saul.com
- and -
Michael J. Joyce, Esq.
SAUL EWING LLP
One PPG Place, Suite 3010
Pittsburgh, PA 15222
Tel: (412) 209-2539
Email: michael.joyce@saul.com
- and -
Mark Minuti, Esq.
Monique B. DiSabatno, Esq.
Paige N. Topper, Esq.
1201 N. Market Street, Suite 2300
Wilmington, DE 19801
Tel: (302) 421-6800
Email: mark.minuti@saul.com
monique.disabatino@saul.com
paige.topper@saul.com
About Guardian Elder Care at Johnstown
Guardian Elder Care at Johnstown, LLC (doing business as Richland
Healthcare and Rehabilitation Center), its affiliates, and their
non-debtor affiliates are a private, family-owned organization that
has provided inpatient and outpatient services to predominately
small and/or rural communities through a network of skilled nursing
facilities and personal care homes since 1995. Guardian Healthcare
maintains 19 skilled nursing facilities, with one facility in West
Virginia and the remaining facilities located in Pennsylvania.
Through its facilities, Guardian Healthcare maintains more than
1,700 skilled nursing, personal care, and independent living beds,
providing long-term care and rehabilitation services.
Guardian Elder Care at Johnstown and its affiliates sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
W.D. Pa. Lead Case No. 24-70299) on July 29, 2024. In the petitions
signed by Allen Wilen, chief restructuring officer, Guardian Elder
Care at Johnstown disclosed up to $10 million in assets and up to
$50 million in liabilities.
Judge Jeffery A. Deller oversees the cases.
The Debtors tapped Saul Ewing LLP as legal counsel, Eisner Advisory
Group LLC as financial advisor, and Omni Agent Solutions, Inc., as
claims and noticing agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
HALL OF FAME: CEO Michael Crawford to Resign by May 18
------------------------------------------------------
Hall of Fame Resort & Entertainment Company disclosed in a Form 8-K
Report filed with the U.S. Securities and Exchange Commission that
Michael Crawford informed the Board of Directors of the Company
that he intends to resign as President, Chief Executive Officer,
and Chairman of the Board of Directors.
The resignation is not due to any disagreement with the Company on
any matter related to its operations, policies, or practices. Mr.
Crawford is resigning to pursue another career opportunity. The
Board has begun the process of recruiting and evaluating candidates
to succeed Mr. Crawford.
On March 18, 2025, Mr. Crawford, the Company and the Company's
subsidiary, HOF Village Newco, LLC, have entered into a Retention
and Consulting Agreement, which provides that Mr. Crawford shall be
paid an aggregate retention bonus of $300,000, including $73,000
for the agreed-upon value of unused accrued vacation, payable in
increments of $100,000 on each of March 31, 2025, April 30, 2025,
and May 31, 2025, provided that Mr. Crawford continues to serve as
President, Chief Executive Officer, and Chairman of the Board
through May 18, 2025. Until the Employment Termination Date, Mr.
Crawford would also continue to receive his base salary and other
benefits due under the Amended and Restated Employment Agreement
among the Parties dated November 22, 2022, as amended by Amendment
to Amended and Restated Employment Agreement, effective May 1,
2023. Mr. Crawford agrees his termination of employment on the
Employment Termination Date will constitute neither termination by
the Company without cause nor termination by Mr. Crawford for good
reason under the Employment Agreement. No sooner than the
Employment Termination Date, and no later than 14 days after the
Employment Termination Date, Mr. Crawford shall deliver to the
Company an effective and irrevocable general release of claims.
Under the Retention and Consulting Agreement, Mr. Crawford will
provide up to 10 hours per week of consulting services to the
Company between the Employment Termination Date and August 18,
2025. During the Consulting Period, the Company shall pay Mr.
Crawford a consulting fee of $500 per hour. During the Consulting
Period, Mr. Crawford shall all times be an independent contractor.
Effective upon the commencement of the Consulting Period, the
Retention and Consulting Agreement will supersede and replace the
Employment Agreement, which will be of no further effect, except
that Section 4 of the Employment Agreement shall remain in full
force and effect. Section 4 includes provisions addressing
non-competition, non-solicitation and confidentiality, among other
terms. Following the Employment Termination Date, Mr. Crawford
shall not be entitled to receive any employment benefits from the
Company and shall not be eligible to participate in any benefit
programs of the Company, including but not limited to health
insurance, vacation, sick leave, life insurance, pension or
retirement plans, disability programs, or other benefits, benefit
plans or benefit programs.
To protect the Company's confidential information, Mr. Crawford
covenants and agrees in the Retention and Consulting Agreement that
Mr. Crawford will at all times hold the Company Confidential
Information in confidence, will take all reasonable and necessary
measures to prevent the disclosure of the Company Confidential
Information. Mr. Crawford further acknowledges that all Company
Confidential Information is and shall remain the sole, exclusive,
and valuable property of the Company and that Crawford has and
shall acquire no right, title, or interest therein.
By and in consideration of the Company's entering into the
Retention and Consulting Agreement, Mr. Crawford shall not, during
the Consulting Period and for a period of six months after
termination of the Retention and Consulting Agreement, engage in
competition with the Company. "Competition" for purposes of this
agreement means owning, operating, or otherwise providing services
to a pro sports themed destination resort that includes
entertainment and media components. By and in consideration of the
Company's entering into the Retention and Consulting Agreement, Mr.
Crawford shall not, during the Consulting Period and for a period
of 12 months thereafter:
(i) directly or indirectly hire, induce, or solicit for
employment any person who is, or within 12 months prior to the date
of such hiring, inducement, or solicitation was, an employee of the
Company; or
(ii) induce or solicit (or assist any person or entity to
induce or solicit) any person who is an employee of the Company to
terminate his/her employment relationship with the Company.
About Hall of Fame Resort
Hall of Fame Resort & Entertainment Co. is a resort and
entertainment company leveraging the power and popularity of
professional football and its legendary players in partnership with
the National Football Museum, Inc., doing business as the Pro
Football Hall of Fame. Headquartered in Canton, Ohio, the Company
owns the DoubleTree by Hilton located in downtown Canton and the
Hall of Fame Village, which is a multi-use sports, entertainment,
and media destination centered around the PFHOF's campus.
According to the Company, it will need to raise additional
financing to accomplish its development plan and fund its working
capital. The Company is seeking to obtain additional funding
through debt, construction lending, and equity financing. There are
no assurances that the Company will be able to raise capital on
terms acceptable to the Company or at all. Cash flows generated
from the Company's operations are insufficient to meet its current
operating costs. If the Company is unable to obtain sufficient
amounts of additional capital, it may be required to reduce the
scope of its planned development, which could harm its financial
condition and operating results, or it may not be able to continue
to fund or must significantly curtail its ongoing operations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern to meet its obligations as they come
due for the next 12 months.
As of September 30, 2024, Hall of Fame had $435,640,564 in total
assets, $341,938,767 in total liabilities, and $93,701,797 in total
equity.
HNO INTERNATIONAL: Reports $2.2 Million Net Loss in 2024
--------------------------------------------------------
HNO International, Inc. filed its Annual Report on Form 10-K with
the U.S. Securities and Exchange Commission, reporting a net loss
of $2,230,222 for the year ended October 31, 2024, as compared to a
net loss of $1,927,494 in 2023.
For the year ended October 31, 2024, the Company recognized $4,241
in revenue and $13,000 in 2023.
Cypress, Texas-based Barton CPA PLLC, the Company's auditor since
2024, issued a "going concern" qualification in its report dated
March 20, 2025, citing that the Company has suffered recurring
losses from operations that raise substantial doubt about its
ability to continue as a going concern.
On October 31, 2024, the Company had an accumulated deficit of
$44,326,326.
"We have not been able to generate sufficient cash from operating
activities to fund our ongoing operations. We will be required to
raise additional funds through public or private financing,
additional collaborative relationships, or other arrangements until
we are able to raise revenues to a point of positive cash flow. We
are evaluating various options to further reduce our cash
requirements to operate at a reduced rate, as well as options to
raise additional funds, including obtaining loans and selling
common stock. There is no guarantee that we will be able to
generate enough revenue and/or raise capital to support
operations."
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/dav2945x
About HNO International
Headquartered in Murrieta, California, HNO International, Inc., a
Nevada corporation, focuses on systems engineering design,
integration, and product development to generate green
hydrogen-based clean energy solutions to help businesses and
communities decarbonize in the near term.
As of October 31, the Company had $1,248,984 in total assets,
$2,646,375 in total liabilities, and $1,397,391 in total
stockholders' deficit.
HO WAN KWOK: Trustee Taps Sage-Popovich as Repossession Agent
-------------------------------------------------------------
Luc A. Despins, Chapter 11 Trustee for Ho Wan Kwok and Genever
Holdings LLC, seeks approval from the U.S. Bankruptcy Court for the
District of Connecticut to hire Sage-Popovich, Inc. as his
repossession agent.
As part of the Repossession Services, SPI may, among other things,
provide advice and services to repossess the SF50 Aircraft, its
associated engines, spare parts, records and manuals. The
Repossession Services may also include:
a) ordering current Federal Aviation Administration (FAA)
title searches;
b) locating and taking possession of the SF50 Aircraft as
authorized by the Execution Order;
c) using best efforts to repossess past records relating to
the SF50 Aircraft and relocating such records to a location
designated by the Trustee;
d) reviewing records and performing physical inspection of
the SF50 Aircraft;
e) arranging for a ferry permit to transport the SF50
Aircraft, if required;
f) providing qualified flight crews and ferrying the aircraft
to Gary, Indiana;
g) managing and arranging aircraft and records storage and
necessary maintenance in Gary, Indiana; and
h) assisting in the sale of the SF50 Aircraft, including
assistance with
notice of sale and advertising, technical assistance, arranging and
escorting inspections of the aircraft by potential buyers, and
assisting in establishing auction or sale protocol.
SPI's fees will be based on a minimum flat rate of $25,000 plus (a)
the actual man-days charged at its standard rates which are in
effect when the services are rendered and (b) reimbursement of
reasonable out-of-pocket expenses. The current standard hourly
rates range from $55 to $540 per hour.
Petar Todorovic, President of Sage-Popovich, Inc., assured the
court that his firm is a "disinterested person" within the meaning
of 11 U.S.C. 101(14).
The firm can be reached through:
Petar Todorovic
Sage-Popovich, Inc.
Post Office Box One
Valparaiso, IN 46384
Tel: (219) 464-8320
Fax: (219) 464-0920
Email: info@sage-popovich.com
About Ho Wan Kwok
Ho Wan Kwok sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Conn. Case No. 22-50073) on Feb. 15, 2022. Judge
Julie A. Manning oversees the case. Dylan Kletter, Esq., is the
Debtor's legal counsel.
Ho Wan Kwok aka Guo Wengui is an exiled Chinese businessman.
According to Reuters, Guo was a former real estate magnate who fled
China for the U.S. in 2014 ahead of corruption charges. Guo filed
for bankruptcy after a New York court ordered him to pay lender
Pacific Alliance Asia Opportunity Fund $254 million stemming from a
contract dispute. PAX had initially loaned two of Guo's companies
$100 million in 2008 for a construction project in Beijing and sued
Guo when he failed to pay off the loan.
An Official Committee of Unsecured Creditors has been appointed in
the case and is represented by Pullman & Comley, LLC.
Luc A. Despins was appointed Chapter 11 Trustee in the case.
HOOPERS DISTRIBUTING: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
Hoopers Distributing, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to use
cash collateral.
The third interim order authorized the company to use cash
collateral for its operating expenses in accordance with its
budget, with a 10% variance allowed.
The budget shows the company's projected expenses of $124,273.86
for the period from April 3 to 30.
As protection for the use of their cash collateral, the liens
asserted by secured creditors, Kapitus, LLC and Kalamata Capital
Group, LLC, will extend to the company's post-petition cash
generated from sales and all other assets against which the secured
creditors held liens, according to the order signed by Judge Joseph
Callaway.
As additional protection, Kapitus will receive a cash payment of
$1,334.17.
The interim order will remain in full force and effect until April
30; the replacement of or termination of the third interim order by
a subsequent order; or the filing of a notice of default, whichever
comes first.
The next hearing is scheduled for April 30.
About Hoopers Distributing
Hoopers Distributing, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-00447) on
February 7, 2025, listing between $500,001 and $1 million in both
assets and liabilities. J.M. Cook serves as Subchapter V trustee.
Judge Joseph N. Callaway presides over the case.
Benjamin E.F.B. Waller, Esq., at Hendren, Redwine & Malone, PLLC is
the Debtor's legal counsel.
Kapitus, LLC, as secured creditor, is represented by:
Byron L. Saintsing, Esq.
Smith Debnam Narron Drake Saintsing & Myers, LLP
P.O. Box 176010
Raleigh, NC 27619-6010
Telephone: (919) 250-2000
bsaintsing@smithdebnamlaw.com
HOOTERS OF AMERICA: KBRA Warns of Default Risk After Bankruptcy
---------------------------------------------------------------
Hooters of America, LLC, who was the manager of and operates
company-owned restaurants for HOA Funding LLC Series 2021-1, a
whole business securitization (WBS), filed for bankruptcy
protection on March 31, 2025. The filing affects 153
company-operated stores of the system's 313 total locations (as
reported at the end of Q4 2024), the majority of which are
franchised. According to the Company's claims agent, HOA Funding,
LLC is among the debtors listed in the Chapter 11 filing. The
transaction documents stipulate that an Event of Default of the
Series 2021-1 Notes may be caused by--among other things--a
commencement of any of the securitization entities' bankruptcies or
similar proceedings, including HOA Funding, LLC, the issuing
entity.
While there has been no notice yet posted on the securitization's
trustee's website of a manager termination, such an event of
bankruptcy of the manager would trigger a manager termination event
of Hooters of America, LLC, according to the transaction documents.
A manager termination event would permit the control party, at the
direction of the controlling class representative, to declare a
rapid amortization event wherein 100% of available funds are used
to pay down the notes in alphanumerical order. This would be the
second instance where a manager was terminated and filed for
bankruptcy since the GFC.
According to the company website, the Company entered into a
restructuring support agreement to effectuate a sale transaction in
order to operate under new ownership. The Company has reached an
agreement "in principle" with a group of current franchisees to
acquire and operate certain Company-operated Hooters locations.
This group of franchisees is comprised of two Hooters franchisees
(Hooters Inc. and Hoot Owl Restaurants LLC, collectively the Buyer
Group) who collectively own and operate over 30% of the domestic
franchised Hooters locations. According to Hooters Inc., the Buyer
Group has negotiated key terms of a management agreement under
which Hooters Brand Management, LLC, which is owned by the Buyer
Group and other parties, will provide the majority of franchise
support functions on behalf of the Company.
HOA Funding, LLC Series 2021-1 is collateralized by the Company's
existing and future domestic and international franchise
agreements, existing and future company restaurants and related
assets, intellectual property and certain transaction accounts. The
$266.6 million Class A-2 Notes have a note factor of approximately
96.9% and are rated CCC (sf). The $40 million Class B Notes have
not yet paid down any principal and are rated CCC- (sf). Both
classes were downgraded in March 2025 due to deterioration in
performance and limited liquidity.
According to the Q4 2024 servicer report, the funds collected from
franchise remittances and company-operated locations' royalties and
profits were not enough to pay interest after more senior
obligations in the priority of payments. As a result, the trustee
had to withdraw funds from the interest reserve accounts to
substantiate the approximately $3.1 million interest payments due
on the Class A-2 Notes and the approximately $743,000 due on the
Class B Notes. After the withdrawal, there were no funds remaining
in the interest reserve accounts.
KBRA will continue to monitor developments in the transaction,
including any performance trends and transition plans, as they
occur.
Recent Publications
-- HOA Funding, LLC Series 2021-1 Surveillance Report -- HOA
Funding, LLC Series 2021-1 New Issue Report
About KBRA
KBRA, one of the major credit rating agencies, is registered in the
U.S., EU, and the UK. KBRA is recognized as a Qualified Rating
Agency in Taiwan, and is also a Designated Rating Organization for
structured finance ratings in Canada. As a full service credit
rating agency, investors can use KBRA ratings for regulatory
capital purposes in multiple jurisdictions.
About Hooters of America
Hooters of America, LLC, owner and operator of a restaurant chain
with hundreds of locations in the United States, and its affiliates
filed voluntary petitions for relief under Chapter 11 of the
Bankruptcy Code (Lead Case No. 25-80078, Bankr. N.D. Texas) on
March 31, 2025.
Founded in 1983, the Debtors own and operate Hooters, a renowned
brand in the casual dining and sports entertainment industries.
Their global portfolio includes 151 company-owned and operated
locations and 154 franchised locations across 17 countries. Known
for their world-famous chicken wings, beverages, live sports, and
legendary hospitality, the Debtors also partner with a major food
products licensor to offer Hooters-branded frozen meals at 1,250
grocery store locations.
The case is before the Hon. Scott W Everett.
The Debtors Co-Bankruptcy Counsel are Holland N. O'Neil, Esq.,
Stephen A. Jones, Esq., and Zachary C. Zahn, Esq., at FOLEY &
LARDNER LLP, in Dallas, Texas.
The Debtors' General Bankruptcy Counsel are Ryan Preston Dahl,
Esq., at ROPES & GRAY LLP, in New York, and Chris L. Dickerson,
Esq., Rahmon J. Brown, Esq., and Michael K. Wheat, Esq., at ROPES &
GRAY LLP, in Chicago, Illinois.
The Debtors' Investment Banker is SOLIC CAPITAL, LLC.
The Debtors' Financial Advisor is ACCORDION PARTNERS, LLC.
The Debtors' Notice, Claims, Solicitation & Balloting Agent is
KROLL RESTRUCTURING ADMINISTRATION LLC.
HOUSE OF PRAYER: Seeks to Hire Sagre Law Firm as Legal Counsel
--------------------------------------------------------------
House of Prayer Church of South Florida, Inc. seeks approval from
the U.S. Bankruptcy Court for the Southern District of Florida to
hire Sagre Law Firm, P.A. as counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties in
the continued management of its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S Trustee's Operating Guidelines and Reporting
Requirements and with the rules of the court;
(c) prepare legal papers;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiations with its creditors in
the preparation of the plan.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Ariel Sagre, Esq., president and owner of Sagre Law Firm, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Ariel Sagre, Esq.
Sagre Law Firm PA
5201 Blue Lagoon Drive, Suite 892
Miami, FL 33126
Telephone: (305) 266-5999
Facsimile: (305) 265-6223
About House of Prayer Church of South Florida
House of Prayer Church of South Florida, Inc. sought protection for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla.
Case No. 25-12696) on March 13, 2025.
Judge Corali Lopez-Castro presides over the case.
Ariel Sagre, Esq. at Sagre Law Firm, P.A. represents the Debtor as
counsel.
HUDSON'S BAY CO: Severe Liquidity Issues Cue CCAA Filing
--------------------------------------------------------
Hudson's Bay Company ULC and its affiliates commenced
court-supervised restructuring proceedings under the Companies'
Creditors Arrangement Act, as amended ("CCAA") by obtaining an
order ("Initial Order") from the Ontario Superior Court of Justice
(Commercial List) ("Court").
According to the Court Documents, the Companies are facing a severe
liquidity crisis. Without a stay of proceedings and immediate
access to DIP financing, Hudson's Bay will be unable to meet its
obligations as they come due and will be forced to shut down
operations, which would be extremely detrimental to their
landlords, suppliers, lenders, customers, and their approximately
9,364 employees.
If the proposed Initial Order is granted, the Companies will be
able to access the DIP Facility and secure the interim financing
necessary to provide Hudson's Bay Canada with breathing room to
advance a process to address their current financial circumstances
and maximize the value of their businesses. At present, this
includes: (a) conducting an orderly liquidation of certain retail
stores; (b) conducting a process to monetize certain retail leases
that hold value due to belowmarket rent; and (c) restructuring
Hudson's Bay Canada's operations around a core number of
locations.
Pursuant to the Initial Order, Alvarez & Marsal Canada Inc. was
appointed as monitor of the business and financial affairs of the
Companies.
A copy of the Initial Order and all materials filed in the CCAA
Proceedings may be obtained at the Monitor’s website at:
https://www.alvarezandmarsal.com/HudsonsBay or on request from the
Monitor by calling 416-847-5157 or by emailing
hudsonsbay@alvarezandmarsal.com.
Pursuant to the Initial Order, during the Stay Period, all persons
having oral or written agreements with the Companies or statutory
or regulatory mandates for the supply of goods and/or services are
restrained, until further order of the Court, from discontinuing,
altering, interfering with or terminating the supply of such goods
or services as may be required by the Companies, provided that the
normal prices or charges for all such goods or services received
after the date of the Initial Order are paid by the Companies in
accordance with normal payment practices of the Companies, or such
other terms as may be agreed upon by the supplier or service
provider and the Companies and the Monitor, or as may be ordered by
the Court.
During the Stay Period, all parties are prohibited from commencing
or continuing legal action against the Companies, and all rights
and remedies of any party against or in respect of the Applicants
or their assets are stayed and suspended, except with the written
consent of the Applicants and the Monitor, or with leave of the
Court.
If you have any questions regarding the foregoing or require
further information, please consult the Monitor’s website at
www.alvarezandmarsal.com/HudsonsBay or should you wish to speak to
a representative of the Monitor, please contact the Monitor at
416-847-5157 or by emailing hudsonsbay@alvarezandmarsal.com.
The Court-appointed Monitor:
Alvarez & Marsal Canada Inc.
Royal Bank Plaza, South
Tower 200 Bay Street, Suite 29000
P.O. Box 22
Toronto, ON M5J 2J1
Alan J Hutchens
Email: ahutchens@alvarezandmarsal.com
Greg Karpel
Email: gkarpel@alvarezandmarsal.com
Sven Dedic
Email: sdedic@alvarezandmarsal.com
Zach Gold
Email: zgold@alvarezandmarsal.com
Mitchell Binder
Email: mbinder@alvarezandmarsal.com
Josh Marks
Email: jmarks@alvarezandmarsal.com
Counsel for the Court-appointed Monitor:
Bennett Jones LLP
3400 One First Canadian Place
P.O. Box 130
Toronto, ON M5X 1A4
Sean Zweig
Tel: 416 777-6254
Email: ZweigS@bennettjones.com
Michael Shakra
Tel: 416 777-6236
Email: ShakraM@bennettjones.com
Preet Gill
Tel: 416 777-6513
Email: GillP@bennettjones.com
Thomas Gray
Tel: 416 777-7924
Email: GrayT@bennettjones.com
Linda Fraser-Richardson
Tel: 416 777-7869
Email: fraserrichardsonl@bennettjones.com
Counsel for the Companies:
Stikeman Elliott LLP
5300 Commerce Court West
199 Bay Street
Toronto, ON M5L 1B9
Ashley Taylor
Tel: 416 869-5236
Email: ataylor@stikeman.com
Elizabeth Pillon
Tel: 416 869-5623
Email: lpillon@stikeman.com
Maria Konyukhova
Tel: 416 869-5230
Email: mkonyukhova@stikeman.com
Jonah Mann
Tel:416 869-5518
Email: JMann@stikeman.com
Philip Yang
Tel: 416 869-5593
Email: pyang@stikeman.com
Brittney Ketwaroo
Tel: 416 869-5524
Email: bketwaroo@stikeman.com
Hudson's Bay Company -- https://www.hbc.com/ -- is a Canadian
holding company of department stores, and the oldest corporation in
North America.
HYPERSCALE DATA: Declares Dividends on Series D and E Shares
------------------------------------------------------------
Hyperscale Data, Inc., a diversified holding company, announced on
March 20, 2025, that its Board of Directors has declared a monthly
cash dividend of $0.2708333 per share of the Company's outstanding
13.00% Series D Cumulative Redeemable Perpetual Preferred Stock.
The record date for this dividend is March 31, 2025, and the
payment date is Thursday, April 10, 2025.
Link to NYSE quote for the Company's 13.00% Series D Cumulative
Redeemable Perpetual Preferred Stock:
https://www.nyse.com/quote/XASE:GPUSpD
The Company further announced that the Board has declared a monthly
cash dividend of $0.20833 per share of the Company's outstanding
10.00% Series E Cumulative Redeemable Perpetual Preferred Stock
(the "Series E Preferred Stock"). The declared dividend is for the
previously deferred dividend for the month ended February 28, 2025.
The record date for this dividend is March 31, 2025, and the
payment date is Thursday, April 10, 2025.
In addition, the Board has elected not to declare a monthly cash
dividend on the Series E Preferred Stock for the month ending March
31, 2025. The certificate of designations for the Series E
Preferred Stock permits the Company to defer up to 12 consecutive
monthly dividend payments on the Series E Preferred Stock without
such deferrals being considered missed. The Company notes that the
dividend is a cumulative dividend that accrues for payment in the
future.
About Hyperscale Data
Headquartered in Las Vegas, NV, Hyperscale Data, Inc., formerly
known as Ault Alliance, Inc., is transitioning from a diversified
holding company pursuing growth by acquiring undervalued businesses
and disruptive technologies with a global impact to becoming solely
an owner and operator of data centers to support high performance
computing services. Through its wholly and majority-owned
subsidiaries and strategic investments, Hyperscale Data owns and
operates a data center at which it mines digital assets and offers
colocation and hosting services for the emerging artificial
intelligence ecosystems and other industries. It also provides,
through its wholly owned subsidiary, Ault Capital Group, Inc.,
mission-critical products that support a diverse range of
industries, including an artificial intelligence software platform,
social gaming platform, equipment rental services,
defense/aerospace, industrial, automotive, medical/biopharma and
hotel operations. In addition, Hyperscale Data is actively engaged
in private credit and structured finance through a licensed lending
subsidiary.
New York, New York-based Marcum LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
April 16, 2024, citing that the Company has a working capital
deficiency, has incurred net losses, and needs to raise additional
funds to meet its obligations and sustain its operations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
IL MULINO: Court Narrows Claims in Intellectual Property Lawsuit
----------------------------------------------------------------
Judge John P. Cronan of the United States District Court for the
Southern District of New York ruled on the defendants' motions to
dismiss the case captioned as ASSET CO IM REST, LLC, et al.,
Plaintiffs, -v- GERALD "JERRY" KATZOFF, et al., Defendants, Case
No. 23-cv-09691-JPC (S.D.N.Y.).
This case concerns a long-running dispute involving the prominent
Il Mulino chain of Italian restaurants. Plaintiffs Asset Co IM
Rest, LLC, Il Mulino Joint Ventures, LLC, and Receivables IM Rest,
LLC allege that Defendants Gerald "Jerry" Katzoff, IMNY GS, LLC,
West 3rd Holdings, LLC, West 3rd Products, LLC, IM LLC-I, and GFB
Restaurant Corp. engaged in unlawful use of Il Mulino's
intellectual property, among other acts of malfeasance.
In 2002, Defendant Katzoff and his then-business partners acquired
a majority equity interest in GFB and Il Mulino West 3rd Street, as
well as complete ownership of Il Mulino's intellectual property,
including its trademarks, trade dress, trade secrets, recipes,
proprietary processes and formulas, and know-how relating to Il
Mulino. Katzoff and his partners also formed a new entity,
Defendant IM-I, which became the beneficial owner of the Il Mulino
IP.
In 2004, Katzoff and his partners endeavored to expand the Il
Mulino brand, including by attracting outside investors to fund the
expansion. To accomplish this goal, they planned to grant licenses
to third parties to open new Il Mulino-branded restaurants and to
use the Il Mulino. As part of this plan, the group formed Il Mulino
USA and its majority member, IM LLC-III. IM-I entered into a valid,
perpetual, and exclusive intellectual property license with IM-III.
The same day, IM-III assigned the IP License to IM USA, and thereby
granted IM USA an exclusive license to use and sublicense all of
the Il Mulino IP. IM USA and its subsidiaries, in turn, sublicensed
the Il Mulino IP in various efforts to expand the Il Mulino brand
into different restaurant concepts.
To facilitate the opening of Il Mulino-branded restaurants,
Plaintiff IM Joint Ventures was formed in 2017 as a wholly owned
subsidiary of IM USA. Defendant IMNY GS was also formed around that
time, originally as a wholly owned subsidiary of IM Joint Ventures
and solely for the purpose of opening, owning, and operating a
restaurant named "Il Mulino Tribeca," located at 361 Greenwich
Street in Tribeca.
In July 2018, Il Mulino Tribeca opened to the public. Il Mulino
Tribeca used proprietary Il Mulino recipes, menus, and other
aspects of the Il Mulino IP through the Il Mulino Tribeca IP
Sublicense.
In the spring of 2023, Katzoff decided to close Il Mulino Tribeca .
Shortly after the closure, Plaintiffs began to suspect that Katzoff
intended to open a new Italian restaurant in the same space as Il
Mulino Tribeca. Plaintiff IM Asset Co, which currently owns the IP
License following an Asset Purchase Agreement entered as part of
the IM USA bankruptcy, was particularly concerned given Katzoff's
purported prior breaches of obligations regarding the Il Mulino IP
and sent Katzoff a notice and demand letter.
In August 2023, Plaintiffs learned that the new tenant for the
space would be Katzoff himself, leading IM Asset Co. to send two
more demand letters to Katzoff, both of which were ignored.
The new restaurant is named "Il Giglio Tribeca," and is owned and
operated by Defendant W3H, with Defendant W3P also involved in the
operation of the restaurant. IMNY GS, acting at Katzoff's
direction, transferred all existing Il Mulino Tribeca personal
property to W3H and W3P.
Plaintiffs filed their Complaint on Nov. 2, 2023. The Complaint
brings fourteen causes of action.
Plaintiffs' Complaint alleges that Il Giglio Tribeca infringes on
the Il Mulino IP in a number of ways.
Plaintiffs' Complaint seeks preliminary and permanent injunctive
relief; an award of Defendants' profits realized by the operation
of Il Giglio Tribeca and Il Mulino West 3rd Street following the
expiration of the GFB License; a declaration that Defendants must
sell the personal property from Il Mulino Tribeca or pay to IMNY GS
a market rate for its acquisition; an order that Defendants must
disgorge amounts by which Defendants were unjustly enriched by
virtue of taking that personal property; an order that Katzoff must
disgorge his compensation for managing Il Mulino Tribeca during the
time when he violated his fiduciary duties or was otherwise
disloyal; damages including punitive damages; pre- and
post-judgment interest; attorneys' fees; and any other relief the
Court deems proper.
Plaintiffs moved for a preliminary injunction on their claims
relating to operations at Il Giglio Tribeca on Nov. 5, 2023. After
concluding that Plaintiffs had established a likelihood of success
on the merits regarding their Lanham Act trade dress claims, the
Court granted the motion in part and preliminarily enjoined
Defendants from using trade dress at Il Giglio Tribeca similar to
that at Il Mulino Tribeca.
On Jan. 16, 2024, the Court granted in part Plaintiffs' request for
injunctive relief as to alleged trade dress violations at the Il
Giglio Tribeca restaurant located at 361 Greenwich Street. Now,
Defendants separately move to dismiss Plaintiffs' Complaint
pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6),
and 12(e).
On March 11, 2024, all six Defendants filed separate motions to
dismiss the Complaint in whole or in part under Federal Rules of
Civil Procedure 12(b)(1), 12(b)(6), and 12(e).
In challenging the merits of certain causes of action in the
Complaint, Defendants argue that dismissal is required under
Federal Rule of Civil Procedure 12(b)(6) because Plaintiffs failed
to state a claim upon which relief may be granted.
Judge Cronan holds that the Defendants' arguments fall into seven
categories. First, res judicata bars Plaintiffs from asserting
claims predicated on alleged infringement at Il Mulino West 3rd
Street. Second, Plaintiffs lack statutory standing to bring their
Lanham Act trademark infringement claims. Third, a claim against
GFB and W3H has not been stated for their involvement in activities
at Il Giglio Tribeca and Il Mulino West 3rd Street, respectively.
Fourth, the claims against W3P are not facially ripe. Fifth,
certain allegations concerning W3P's activities are insufficiently
pleaded 'upon information and belief.' Sixth, the Court lacks
supplemental jurisdiction over Plaintiffs' state law claims.
Seventh, the Complaint is impermissibly vague and thus must be
re-pleaded under Rule 12(e).
The Court grants GFB's and W3H's motions in part, but otherwise
denies Defendants' motions.
The Court grants GFB's motion to dismiss Count 5 to the extent it
pertains to alleged infringement occurring at Il Giglio Tribeca and
grants W3H's motion to dismiss Counts 5, 7, and 8 to the extent
that they pertain to alleged infringement occurring at Il Mulino
West 3rd Street. Defendants' motions are otherwise denied.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=55Oqfi from PacerMonitor.com.
About Il Mulino
Il Mulino owns and operates Italian restaurants throughout the
United States.
The upscale Il Mulino restaurant chain has filed for
Chapter 11 bankruptcy protection for seven of its 16 branches to
keep the operation's principal creditor from seizing control.
According to FSR, the 16-unit company filed on behalf of seven
locations across Miami, Puerto Rico, Las Vegas, Long Island, and
Atlantic City. The locations not included in the filing are five
New York City stores -- the flagship in Greenwich Village and four
locations in Manhattan and two in Florida, one in Tennessee, and
another in the Poconos.
K.G. IM, LLC, and its affiliates, including IL Mulino USA, LLC,
sought Chapter 11 protection (Bankr. S.D.N.Y. Lead Case No.
20-11723) on July 29, 2020. The other debtors are IM LLC III,
IMNYLV, LLC, IM NY, Florida, LLC, IM NY, Puerto Rico, LLC, IMNY AC,
LLC, IM Products, LLC, IM Long Island Restaurant Group, LLC, IM
Long Island, LLC, IM Franchise, LLC, IM 60th Street Holdings, LLC,
IM Broadway, LLC, and IMNY Hamptons, LLC.
The Hon. Martin Glenn presides over the case.
In the petition signed by Gerald Katzoff, manager, the Debtor was
estimated to have $50 million to $100 in assets and $10 million to
$50 million in liabilities.
ALSTON & BIRD LLP, serves as bankruptcy counsel to the Debtors.
TRAXI LLC and DAVIS & GILBERT LLP, serve as special counsel.
INNOVATIVE CAPITAL: Inability to Pay BMO Loan Cues CCAA Filing
--------------------------------------------------------------
The Supreme Court of Newfoundland & Labrador ("Court") issued an
Order ("Initial Order") declaring that Innovative Capital
Investments Inc. and Dominion Trading Ltd. ("Companies") are
companies to which the Companies' Creditors Arrangement Act
("CCAA") applies and that the Companies have the authority to file
and may, subject to further order of the Court, file with the Court
a plan of compromise or arrangement. At the Comeback Hearing on
February 21, 2025 the Court issued an Amended and Restated Initial
Order ("ARIO") which, among other things, extended the stay of
proceedings until March 6, 2025, at which time the Court may grant
an extension.
Pursuant to the initial order, Grant Thornton Limited as appointed
as monitor of the Companies.
On March 6, 2025 the Court issued a SISP Order ("SISP Order") which
empowers the Monitor to conduct a Sales and Investment Solicitation
Process ("SISP") for certain assets of the Company, and extended
the CCAA proceedings to July 4, 2025. Information on the SISP can
be accessed at https://tinyurl.com/yc76ae5u.
According to the Dina Kovacevic at Insolvency Insider Canada, the
Companies' immediate liquidity crisis was caused in part by
lower-than-expected lobster landings for the most recent commercial
season, compounded by increasing operating costs. The companies
were also unable to make a loan payment to Bank of Montreal
("BMO"), resulting in BMO demanding payment. The companies state
that they have the ability to generate cash flow to sustain their
operations, but not quickly enough to meet creditor demands or
address their current liquidity crisis.
The Companies said that the purpose of the CCAA proceedings is to
develop a global restructuring plan and conduct a SISP.
Copy of the initial order and copies of the materials filed in the
CCAA proceedings are available on the Monitor's website at
https://www.doanegrantthornton.ca/Innovative.
Innovative Capital Investments Inc. --
https://www.innovativecapitalinvestmentsinc.com/ -- operates
collectively within the commercial fishing industry in Atlantic
Canada.
IYA FOODS: Gets Interim OK to Use Cash Collateral Until April 11
----------------------------------------------------------------
Iya Foods Inc. received interim approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to use cash
collateral.
The interim order authorized the company to use cash collateral
until April 11 to pay the expenses set forth in its budget.
The budget shows total weekly expenses of $29,139.77 for the week
ending April 6; $4,199.01 for the week ending April 13; $23,048.16
for the week ending April 20; $3,441.77 for the week ending April
27; and $84,450.89 for the week ending May 4.
The U.S. Small Business Administration and Village Bank and Trust,
N.A. were granted a post-petition security interest in and lien on
assets that secured their pre-bankruptcy claims.
A further hearing is scheduled for April 9.
About Iya Foods Inc.
Iya Foods Inc. is a company that specializes in producing and
offering African superfoods. Its products are plant-based,
gluten-free, non-GMO, kosher, and free from preservatives,
additives, or artificial ingredients. The company focuses on
creating nutritious and delicious ingredients that can be used in
a variety of recipes, making them accessible to people with dietary
preferences or restrictions, such as those following vegan or
gluten-free diets.
Iya Foods filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
25-00341) on January 10, 2025, listing between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Judge Deborah L. Thorne handles the case.
The Debtor is represented by Justin R. Storer, Esq., at the Law
Office of William J. Factor.
Village Bank and Trust, N.A., a secured creditor, is represented
by:
Andrew H. Eres, Esq.
Dickinson Wright PLLC
55 W. Monroe, Suite 1200
Chicago, IL 60603
Phone; 312-377-7891
Email: aeres@dickinson-wright.com
JAC RENTALS: Seeks to Hire Packard Lapray as Bankruptcy Counsel
---------------------------------------------------------------
JAC Rentals Excavators, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Louisiana to employ Packard
Lapray to handle its Chapter 11 case.
The firm's counsel will be paid at an hourly rate of $395 plus
expenses.
Wade Kelly, Esq., an attorney at Packard Lapray, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Wade N. Kelly, Esq.
Packard Lapray
2201 Oak Park Boulevard
Lake Charles, LA 70601
Telephone: (337) 431-7170
Email: wade@packardlaw.com
About JAC Rentals Excavators
JAC Rentals Excavators LLC specializes in heavy equipment rentals
for construction and industrial projects. The Company offers a wide
range of machinery, including excavators, skid steers, lifts, and
tools. Serving Texas and Louisiana, JAC Rentals provides equipment
for both large-scale projects and smaller tasks.
JAC Rentals Excavators LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. La. Case No. 25-20139) on March
24, 2025. In its petition, the Debtor reports total assets of
$4,593,578 and total liabilities of $1,554,519.
Honorable Bankruptcy Judge John W. Kolwe handles the case.
The Debtor is represented by Wade N. Kelly, Esq., at Packard
Lapray.
JACKSON HOSPITAL: Committee Taps FTI Consulting as Advisor
----------------------------------------------------------
The official committee of unsecured creditors of Jackson Hospital &
Clinic, Inc. seeks approval from the U.S. Bankruptcy Court for the
Middle District of Alabama to employ FTI Consulting, Inc. as its
financial advisors.
The firm's services include:
-- assistance in the review of financial related disclosures
required by the Court, including the Schedules of Assets and
Liabilities, the Statement of Financial Affairs and Monthly
Operating Reports;
-- assistance in the preparation of analyses required to assess
any proposed Debtors-In-Possession financing or use of cash
collateral;
-- assistance with the assessment and monitoring of the Debtors'
short-term cash flow, liquidity, and operating results;
-- assistance with the review of the Debtors' proposed employee
compensation and benefits programs;
-- assistance with the review of the Debtors' potential
disposition or liquidation of both core and non-core assets;
-- assistance with the review of the Debtors' cost/benefit
analysis with respect to the affirmation or rejection of various
executory contracts and leases;
-- assistance with the review of the Debtors' identification of
potential cost savings, including overhead and operating expense
reductions and efficiency improvements;
-- assistance in the review and monitoring of the asset sale
process, including, but not limited to an assessment of the
adequacy of the marketing process, completeness of any buyer lists,
review and quantifications of any bids;
-- assistance with review of any tax issues associated with, but
not limited to, claims/stock trading, preservation of net operating
losses, refunds due to the Debtors, plans of reorganization, and
asset sales;
-- assistance in the review of the claims reconciliation and
estimation process;
-- assistance in the review of other financial information
prepared by the Debtors, including, but not limited to, cash flow
projections and budgets, business plans, cash receipts and
disbursement analysis, asset and liability analysis, and the
economic analysis of proposed transactions for which Court approval
is sought;
-- attendance at meetings and assistance in discussions with the
Debtors, potential investors, banks, other secured lenders, the
Committee and any other official committees organized in these
chapter 11 proceedings, the Bankruptcy Administrator, other parties
in interest and professionals hired by the same, as requested;
-- assistance in the review and/or preparation of information and
analysis necessary for the confirmation of a plan and related
disclosure statement in these chapter 11 proceedings;
-- assistance in the evaluation and analysis of avoidance
actions, including fraudulent conveyances and preferential
transfers;
-- assistance in the prosecution of Committee
responses/objections to the Debtors' motions, including attendance
at depositions and provision of expert reports/testimony on case
issues as required by the Committee; and
-- provision of such other general business consulting or such
other assistance as the Committee or its counsel may deem necessary
that are consistent with the role of a financial advisor and not
duplicative of services provided by other professionals in this
proceeding.
The firm will be paid at these rates:
Senior Managing Director $1,185 to $1,525 per hour
Directors/Senior Directors/
Managing Directors $890 - $1,155 per hour
Consultants/Senior Consultants $485 - $820 per hour
Administrative/Paraprofessionals $195 - $385 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Clifford Zucker, a senior managing director at FTI Consulting,
Inc., disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Clifford A. Zucker
FTI Consulting, Inc.
1166 Avenue of the Americas, 15th Floor
New York, NY 10036
Tel: (212) 247-1010
Email: cliff.zucker@fticonsulting.com
About Jackson Hospital & Clinic Inc.
Jackson Hospital & Clinic, Inc. is a non-membership, non-profit
corporation based in Alabama. JHC is the direct or indirect parent
company of JHC Pharmacy, LLC, an Alabama limited liability company
that provides pharmacy services to JHC patients. JHC owns 100% of
JHC Pharmacy. Additionally, JHC is a direct or indirect parent
company of certain other entities that have not filed for
bankruptcy.
JHC operates a 344-bed healthcare facility in Montgomery, Ala.,
with a rich history dating back to 1894. Since its official opening
in 1946, JHC has grown into one of the largest hospitals in
Alabama, offering specialized services in cardiac care, cancer
treatment, neurosciences, orthopedics, women's care, and emergency
services. JHC's service area includes 16 counties across central
Alabama.
JHC and JHC Pharmacy filed Chapter 11 petitions (Bankr. M.D. Ala.
Lead Case No. 25-30256) on February 4, 2025. In its petition, JHC
reported between $100 million and $500 million in both assets and
liabilities.
Judge Christopher L. Hawkins handles the cases.
The Debtors are represented by:
Derek F. Meek, Esq.
Marc P. Solomon, Esq.
James P. Roberts, Esq.
Andrew P. Cicero, III, Esq.
Catherine T. Via, Esq.
Burr & Forman, LLP
420 20th Street North, Suite 3400
Birmingham, AL 35203
Tel: (205) 251-3000
Email: dmeek@burr.com
msolomon@burr.com
jroberts@burr.com
acicero@burr.com
cvia@burr.com
JOHNSON & JOHNSON: Court Rejects Bankruptcy, Halts $9B Talc Deal
----------------------------------------------------------------
Legal-Bay, The pre-settlement funding company, announced on April
1, 2025, that Johnson and Johnson's proposed $9 billion talcum
powder settlement is back in limbo as the bankruptcy strategy has
now been discredited and the filing in Texas federal court has been
dismissed.
In a resounding victory for thousands of women who have suffered
from ovarian cancer linked to Johnson & Johnson's (NYSE:JNJ) talcum
powder products, U.S. Bankruptcy Court Judge Christopher Lopez has
rejected the company's third attempt to shield itself from
liability through bankruptcy.
The ruling clears the way for claimants to seek speedy jury trials
in state courts and through the bellwether process in multidistrict
litigation (MDL).
"This decision affirms what we have argued all along -- J&J's
bankruptcy strategy was nothing more than a bad-faith maneuver to
avoid full accountability," said Andy Birchfield of the Beasley
Allen Law Firm. "With this ruling, we are now moving forward
without delay to trial, where our clients will finally have the
chance to present their cases before a jury and obtain the justice
they deserve."
Judge Lopez's ruling follows years of J&J's attempts to manipulate
the bankruptcy process to force victims into an inadequate
settlement. J&J has filed for bankruptcy three separate times in
three different venues and has used three different company names,
including LTL, LLT, and this latest, Red River. The company pursued
bankruptcy protections despite being financially solvent and having
a market capitalization approaching $400 billion.
"This case has always been about fairness," said Adam Silverstein
from Otterbourg P.C., one of the lead attorneys representing The
Coalition of Counsel for Justice for Talc Claimants, which opposed
the bankruptcy. "J&J tried to wear down victims through delay
tactics, legal loopholes, and backroom deals. Today's ruling shuts
down that abuse and ensures that real people -- not corporate
executives -- will decide what justice looks like."
The ruling comes after vigorous opposition from the U.S. Trustee's
Office, lawyers from the Department of Justice, and attorneys
representing Travelers Insurance, all of whom argued that J&J's
maneuver was a blatant abuse of the bankruptcy system. Attorneys
representing the claimants say this combined effort was
instrumental in holding J&J accountable and preventing a dangerous
precedent that could have allowed wealthy corporations to
manipulate the bankruptcy process and use its protections to escape
liability for harmful acts.
"The Court's decision is a victory for fairness and the integrity
of the bankruptcy process," said Brian Glasser, founder of Bailey
Glasser and co-lead counsel to the Coalition. "This ruling
recognizes that the plan put forth by Red River and J&J was
fundamentally flawed, from the irregular and rushed voting
procedures to the impermissible nonconsensual third-party releases.
The court rightly concluded that the process was driven more by a
desire to meet an arbitrary threshold than by a commitment to
ensuring claimants' rights."
With the bankruptcy case dismissed, the legal fight now shifts to
trial courts and juries, including the MDL in New Jersey federal
court and the New Jersey state courts, where claimants will pursue
bellwether trials to establish liability and set the stage for fair
compensation. Those claims allege that J&J's manufacturing and
deceptive marketing of the talc-based Johnson & Johnson's Baby
Powder and Shower to Shower brands caused ovarian cancer in tens of
thousands of women. In 2020, the company announced it would no
longer sell talc-based powders in North America, then ended all
sales worldwide in 2023.
Mr. Birchfield emphasized that his team will push for expedited
proceedings to ensure that affected women, many of whom have been
waiting for years, do not face further delays.
"We recognize that many women and their families did support the
plan and the finality it promised. We want them to know that we
will pursue everything possible to assure that J&J will finally
recognize its responsibility and engage in fair settlement
discussions," Mr. Birchfield said. "When J&J is ready to get
serious about justly compensating all women with talc-related
ovarian cancer, we'll be there to meet them."
Richard Golomb of Golomb Legal, co-leader of The Coalition, also
praised the decision. "For too long, Johnson & Johnson has used
delay tactics to sidestep accountability," he said. "With this
ruling, we move forward with the goal of ensuring that every woman
harmed by J&J's products has her day in court. The victims deserve
justice, and this ruling brings us one step closer to that goal, As
the court said, the voices of the claimants deserve to be heard."
Mr. Birchfield also highlighted the financial burden many victims
have faced. "Many of our clients are hundreds of thousands of
dollars in debt due to medical bills and insurance liens. Any fair
compensation must consider not only the suffering endured but also
the financial devastation these women have experienced. That is
what we will fight for in court," he stated.
What's next? The parties go back to the drawing board in the almost
decade-long case. The $9BB that was on the table was approved by
75% of the plaintiffs, leaving 25% who opposed it--including many
of the very law firms fighting for them. Yesterday's decision was a
major win for plaintiffs who simply did not feel the award amounts
were enough to compensate for their ovarian cancer diagnoses. J&J
is on the losing end of this, as the litigation will now most
likely require a traditional resolution: Trial or settlement.
However, J&J continues to fight liability of its landmark product.
Their baby powder formula has been updated in the U.S. talc to a
corn starch base which enables them to continue selling a safer
product to consumers. Meanwhile, overseas markets are still
distributing the original talc-based product, as the company
continues to insist it is safe to use.
Chris Janish, CEO of Legal-Bay, says, "The Johnson and Johnson case
is probably the largest mass tort product liability litigation of
all time, as claimants are now approaching the 100,000 mark. The
'Texas Two Step' bankruptcy strategy has now failed three times
which in baseball means you are out. J&J and the plaintiffs'
lawyers need to go back to the drawing board yet again in order to
come up with a resolution that allows victims and their families to
finally move on once and for all. We expect J&J's offer to be upped
over the $9Bil if the case remains active."
If you're a plaintiff in an active talc baby powder lawsuit and
need an immediate cash advance lawsuit loan against your
anticipated settlement, please visit Legal-Bay HERE or call
toll-free: 877.571.0405.
Legal-Bay is known as one of the best lawsuit loan companies in the
industry and are actively assisting women with ovarian cancer
injuries from talc powder and Pfizer's Depo-Provera which could
cause brain tumors. They have been a leading lawsuit funding
provider in mass tort litigations such as J&J Ethicon transvaginal
Physiomesh, C-Qur mesh, Bard hernia mesh cases, Bard IVC cases,
Cook IVC filter cases, Essure birth control devices, DePuy hip
replacement and Pinnacle hip replacements, Monsanto Roundup weed
killer mesothelioma/asbestos cases, and many more.
Legal-Bay's pre settlement funding programs are designed to provide
immediate cash in advance of a plaintiff's anticipated monetary
award. The non-recourse law suit loans--sometimes referred to as
loans for lawsuit or loans on settlement--are risk-free, as the
money doesn't need to be repaid should you lose your case.
Therefore, the lawsuit loans aren't really a loan, but rather a
cash advance.
If you need legal funding or have questions about your possible
claims, feel free to reach out to Legal-Bay who can assist you in
your time of need. To apply right now, please visit the company's
website HERE or call toll-free: 877.571.0405
About J&J Talc Units
LLT Management, LLC (formerly known as LTL Management LLC) was a
subsidiary of Johnson & Johnson that was formed to manage and
defend thousands of talc-related claims and oversee the operations
of Royalty A&M. Royalty A&M owns a portfolio of royalty revenue
streams, including royalty revenue streams based on third-party
sales of LACTAID, MYLANTA/MYLICON and ROGAINE products.
LTL Management first filed a petition for Chapter 11 protection
(Bankr. W.D.N.C. Case No. 21-30589) on Oct. 14, 2021. The case was
transferred to New Jersey (Bankr. D.N.J. Case No. 21-30589) on Nov.
16, 2021. The Hon. Michael B. Kaplan is the case judge. At the
time of the filing, the Debtor was estimated to have $1 billion to
$10 billion in both assets and liabilities.
In the 2021 case, LTL Management tapped Jones Day and Rayburn
Cooper & Durham, P.A., as bankruptcy counsel; King & Spalding, LLP
and Shook, Hardy & Bacon LLP as special counsel; McCarter &
English, LLP as litigation consultant; Bates White, LLC as
financial consultant; and AlixPartners, LLP as restructuring
advisor. Epiq Corporate Restructuring, LLC, served as the claims
agent.
On Dec. 24, 2021, the U.S. Trustee for Regions 3 and 9
reconstituted the talc claimants' committee and appointed two
separate committees: (i) the official committee of talc claimants
I, which represents ovarian cancer claimants, and (ii) the official
committee of talc claimants II, which represents mesothelioma
claimants.
The official committee of talc claimants I tapped Genova Burns LLC,
Brown Rudnick LLP, Otterbourg PC and Parkins Lee & Rubio LLP as its
legal counsel. Meanwhile, the official committee of talc claimants
II is represented by the law firms of Cooley LLP, Bailey Glasser
LLP, Waldrep Wall Babcock & Bailey PLLC, Massey & Gail LLP, and
Sherman Silverstein Kohl Rose & Podolsky P.A.
Re-Filing of Chapter 11 Petition
On Jan. 30, 2023, a panel of the Third Circuit issued an opinion
directing this Court to dismiss the 2021 Chapter 11 Case on the
basis that it was not filed in good faith. Although the Third
Circuit panel recognized that the Debtor "inherited massive
liabilities" and faced "thousands" of future claims, it concluded
that the Debtor was not in financial distress before the filing.
On March 22, 2023, the Third Circuit entered an order denying the
Debtor's petition for rehearing. The Third Circuit entered an order
denying LTL's stay motion on March 31, 2023, and, on the dame day,
issued its mandate directing the Bankruptcy Court to dismiss the
2021 Chapter 11 Case.
The Bankruptcy Court entered an order dismissing the 2021 Case on
April 4, 2023.
Johnson & Johnson on April 4, 2023, announced that its subsidiary
LTL Management LLC (LTL) has re-filed for voluntary Chapter 11
bankruptcy protection (Bankr. D.N.J. Case No. 23-12825) to obtain
approval of a reorganization plan that will equitably and
efficiently resolve all claims arising from cosmetic talc
litigation against the Company and its affiliates in North
America.
In the new filing, J&J said it has agreed to contribute up to a
present value of $8.9 billion, payable over 25 years, to resolve
all the current and future talc claims, which is an increase of
$6.9 billion over the $2 billion previously committed in connection
with LTL's initial bankruptcy filing in October 2021. LTL also has
secured commitments from over 60,000 current claimants to support a
global resolution on these terms.
In August 2023, U.S. Bankruptcy Judge Michael Kaplan in Trenton,
New Jersey, ruled that the second bankruptcy case should be
dismissed.
3rd Try
In May 2024, J&J announced its subsidiary LLT Management LLC is
soliciting support for a consensual prepackaged bankruptcy plan to
resolve its talc-related liabilities. Under the terms of the plan,
a trust would be funded with over $5.4 billion in the first three
years and more than $8 billion over the course of 25 years, which
J&J calculates to have a net present value of $6.475 billion. If
the Plan is accepted by at least 75% of voters, a bankruptcy was to
be filed under the case name In re Red River Talc LLC. Epiq
Corporate Restructuring, LLC is serving as balloting and
solicitation agent for LLT.
On Sept. 20, 2024, Red River Talc LLC filed a Chapter 11 bankruptcy
petition (Bankr. S.D. Tex. Case No. 24-90505). Porter Hedges LLP
and Jones Day serve as counsel in the new Chapter 11 case. Epiq is
the claims agent.
Paul Hastings LLP is counsel to the Ad Hoc Committee of Supporting
Counsel. Randi S. Ellis is the proposed prepetition legal
representative of future claimants.
JOHNSON & JOHNSON: Firm Vows Aggressive Trials Amid Bankruptcy Loss
-------------------------------------------------------------------
Trial lawyers representing cancer victims in lawsuits against
Johnson & Johnson (J&J) over exposure to cancer-causing asbestos in
its talcum powder products vowed to press on with an aggressive
trial schedule after efforts to resolve the litigation broke down
for the third time.
Nachawati Law Group represents thousands of cancer victims in
litigation against J&J, including one who served on the tort
claimants committee in two of the corporation's three controversial
bankruptcy filings. Firm founder Majed Nachawati said that while
the plan was not perfect, the firm's clients had supported it in
hopes for closure of the legal fight that has lasted more than 10
years in some cases.
"From here, our law firm plans on vigorously setting trials
throughout the country, filing additional lawsuits against J&J and
its affiliates, including Kenvue Inc., and pursuing justice for
each and every one," Mr. Nachawati said. "We will also be
requesting that U.S. District Judge Michael Shipp remand thousands
of cases expeditiously to federal courts throughout the nation to
allow multiple judges to try cases concurrently so that our clients
can receive their day in court. We will also aggressively pursue
trial settings in state courts throughout the nation, and we will
not stop until J&J is held accountable."
Johnson & Johnson used a controversial bankruptcy filing known as
the "Texas Two-Step." This strategy, enabled by a unique Texas law,
involved creating a subsidiary known as Red River Talc LLC,
transferring billions of dollars in talcum powder litigation
liabilities to it, and then placing that subsidiary into
bankruptcy. As part of the plan, J&J and Red River Talc had
proposed setting aside $9 billion to settle the ovarian cancer and
other gynecological cancer litigation. Monday's dismissal marked
the third time that the company had attempted to resolve the
litigation in bankruptcy. Had the plan been approved, it would have
been the largest tort resolved by bankruptcy in the U.S.
About Nachawati Law Group
Nachawati Law Group represents parties in mass tort litigation,
businesses and governmental entities in contingent litigation, and
individuals in complex personal injury litigation. For more
information, visit https://ntrial.com.
About J&J Talc Units
LLT Management, LLC (formerly known as LTL Management LLC) was a
subsidiary of Johnson & Johnson that was formed to manage and
defend thousands of talc-related claims and oversee the operations
of Royalty A&M. Royalty A&M owns a portfolio of royalty revenue
streams, including royalty revenue streams based on third-party
sales of LACTAID, MYLANTA/MYLICON and ROGAINE products.
LTL Management first filed a petition for Chapter 11 protection
(Bankr. W.D.N.C. Case No. 21-30589) on Oct. 14, 2021. The case was
transferred to New Jersey (Bankr. D.N.J. Case No. 21-30589) on Nov.
16, 2021. The Hon. Michael B. Kaplan is the case judge. At the
time of the filing, the Debtor was estimated to have $1 billion to
$10 billion in both assets and liabilities.
In the 2021 case, LTL Management tapped Jones Day and Rayburn
Cooper & Durham, P.A., as bankruptcy counsel; King & Spalding, LLP
and Shook, Hardy & Bacon LLP as special counsel; McCarter &
English, LLP as litigation consultant; Bates White, LLC as
financial consultant; and AlixPartners, LLP as restructuring
advisor. Epiq Corporate Restructuring, LLC, served as the claims
agent.
On Dec. 24, 2021, the U.S. Trustee for Regions 3 and 9
reconstituted the talc claimants' committee and appointed two
separate committees: (i) the official committee of talc claimants
I, which represents ovarian cancer claimants, and (ii) the official
committee of talc claimants II, which represents mesothelioma
claimants.
The official committee of talc claimants I tapped Genova Burns LLC,
Brown Rudnick LLP, Otterbourg PC and Parkins Lee & Rubio LLP as its
legal counsel. Meanwhile, the official committee of talc claimants
II is represented by the law firms of Cooley LLP, Bailey Glasser
LLP, Waldrep Wall Babcock & Bailey PLLC, Massey & Gail LLP, and
Sherman Silverstein Kohl Rose & Podolsky P.A.
Re-Filing of Chapter 11 Petition
On Jan. 30, 2023, a panel of the Third Circuit issued an opinion
directing this Court to dismiss the 2021 Chapter 11 Case on the
basis that it was not filed in good faith. Although the Third
Circuit panel recognized that the Debtor "inherited massive
liabilities" and faced "thousands" of future claims, it concluded
that the Debtor was not in financial distress before the filing.
On March 22, 2023, the Third Circuit entered an order denying the
Debtor's petition for rehearing. The Third Circuit entered an order
denying LTL's stay motion on March 31, 2023, and, on the dame day,
issued its mandate directing the Bankruptcy Court to dismiss the
2021 Chapter 11 Case.
The Bankruptcy Court entered an order dismissing the 2021 Case on
April 4, 2023.
Johnson & Johnson on April 4, 2023, announced that its subsidiary
LTL Management LLC (LTL) has re-filed for voluntary Chapter 11
bankruptcy protection (Bankr. D.N.J. Case No. 23-12825) to obtain
approval of a reorganization plan that will equitably and
efficiently resolve all claims arising from cosmetic talc
litigation against the Company and its affiliates in North
America.
In the new filing, J&J said it has agreed to contribute up to a
present value of $8.9 billion, payable over 25 years, to resolve
all the current and future talc claims, which is an increase of
$6.9 billion over the $2 billion previously committed in connection
with LTL's initial bankruptcy filing in October 2021. LTL also has
secured commitments from over 60,000 current claimants to support a
global resolution on these terms.
In August 2023, U.S. Bankruptcy Judge Michael Kaplan in Trenton,
New Jersey, ruled that the second bankruptcy case should be
dismissed.
3rd Try
In May 2024, J&J announced its subsidiary LLT Management LLC is
soliciting support for a consensual prepackaged bankruptcy plan to
resolve its talc-related liabilities. Under the terms of the plan,
a trust would be funded with over $5.4 billion in the first three
years and more than $8 billion over the course of 25 years, which
J&J calculates to have a net present value of $6.475 billion. If
the Plan is accepted by at least 75% of voters, a bankruptcy was to
be filed under the case name In re Red River Talc LLC. Epiq
Corporate Restructuring, LLC is serving as balloting and
solicitation agent for LLT.
On Sept. 20, 2024, Red River Talc LLC filed a Chapter 11 bankruptcy
petition (Bankr. S.D. Tex. Case No. 24-90505). Porter Hedges LLP
and Jones Day serve as counsel in the new Chapter 11 case. Epiq is
the claims agent.
Paul Hastings LLP is counsel to the Ad Hoc Committee of Supporting
Counsel. Randi S. Ellis is the proposed prepetition legal
representative of future claimants.
KAST IRON: Seeks to Hire Jay Meyers as Bankruptcy Counsel
---------------------------------------------------------
Kast Iron Kitchen, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ the Law Office
of Jay Meyers/J.Meyers PLLC as its counsel.
The hourly rates of the firm's counsel and staff are:
Partner $500
Paralegal $125
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a pre-petition retainer from the Debtor's
principal in the total amount of $17,000.
Jay Meyers, Esq., an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jay Meyers, Esq.
Law Office of Jay Meyers/J.Meyers PLLC
1688 Victory Blvd.
Staten Island, NY 10314
Email: jm@561legalstrategy.com
About Kast Iron Kitchen
Kast Iron Kitchen, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41145) on March 10,
2025, listing under $1 million in both assets and liabilities.
Judge Elizabeth S. Stong oversees the case.
The Law Office of Jay Meyers/J.Meyers PLLC serves as the Debtor's
counsel.
KERISMA LLC: Unsecureds to Get $1,900 per Month for 60 Months
-------------------------------------------------------------
Kerisma, LLC, d/b/a Senacore Solutions, filed with the U.S.
Bankruptcy Court for the Eastern District of Texas a Chapter 11
Plan of Reorganization dated March 11, 2025.
The Debtor is a used medical equipment supplier that specializes in
medical equipment sales and inventory management services through
Florida.
The Debtor is currently owned one-hundred percent by Rohan Gangar.
After confirmation, Mr. Gangar will remain the owners of the
Debtor.
Due to cash flow issues resulting from a drop in revenue, the
Debtor was unable meet its monthly debt obligations. Making matters
worse, the Debtor was unable to secure additional capital to fund
operations. The net effect was that the Debtor did not have
sufficient liquidity to continue its business outside the
protection of the Bankruptcy Court and was forced to seek relief
pursuant to Chapter 11 of the Bankruptcy Code.
It is anticipated that after confirmation, the Debtor will continue
in business. Based upon the Projections, the Debtor believes it can
service the debt to creditors.
Class 2 consists of Allowed General Unsecured Claims. In the event
the Plan is a consensual plan pursuant to Sections 1191(a) and
1129(a), the Debtor shall make sixty consecutive monthly payments
commencing thirty days after the Effective Date in the amount of
$1,900.00 (the "Monthly Payment"), which amount equals the Debtor's
Disposable Income identified on the Debtor's Projections. The
Holders of Allowed Unsecured Claims shall receive their pro rata
share of the Monthly Payment.
In the event the Plan is a nonconsensual plan under Section
1191(b), the Debtor shall make sixty consecutive monthly payments
commencing thirty days after the Effective Date in the amount of
the Monthly Payment, which amount equals the Debtor's Disposable
Income identified on the Debtor's Projections. The Holders of
Allowed Unsecured Claims shall receive their pro rata share of the
Monthly Payment. The Class 2 Claimants are impaired.
Class 3 shall consist of the Current Owner. The current owner,
Rohan Gangar, will receive no payments under the Plan; however, Mr.
Gangar will be allowed to retain his ownership in the Debtor. The
Class 3 Claimant is unimpaired and are not entitled to vote.
From and after the Effective Date, the Debtor will continue to
exist as a Reorganized Debtor. By reducing the Debtor's monthly
obligations to creditors to the Reorganized Debtor's Disposable
Income, the Reorganized Debtor will have sufficient cash to
maintain operations and will allow the Reorganized Debtor to
successfully operate following the Effective Date of the Plan.
A full-text copy of the Plan of Reorganization dated March 11, 2025
is available at https://urlcurt.com/u?l=xd0SjX from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Brandon J. Tittle, Esq.
Tittle Law Group, PLLC
1125 Legacy Dr., Ste. 230
Frisco, TX 75034
Tel: (972) 213-2316
Email: btittle@tittlelawgroup.com
About Kerisma LLC
Kerisma LLC, doing business as Senacore Solutions, owns and
operates a used merchandise store.
Kerisma LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Tex. Case No. 24-42987) on Dec.
11, 2024. In the petition filed by Rohan Gangar, as manager, the
Debtor reports estimated assets up to $50,000 and estimated
liabilities between $1 million and $10 million.
The Debtor is represented by Brandon Tittle, Esq. at TITTLE LAW
GROUP, PLLC.
KOLOGIK LLC: MRB, MMB Win Summary Judgment in Thomas Suit
---------------------------------------------------------
In the case captioned as JACKSON SMITH THOMAS PLAINTIFF V. KOLOGIK,
LLC MISSISSIPPI RIVER BANK MERCHANTS & MARINE BANCORP, INC.
DEFENDANTS, ADVERSARY NO. 24-01019 (Bankr. M.D. La.), Judge Michael
A. Crawford of the United States Bankruptcy Court for the Middle
District of Louisiana held that competent summary judgment evidence
demonstrates that there are no genuine issues of material fact with
respect to the Mississippi River Bank and Merchants & Marine
Bancorp, Inc. motion for summary judgment, and they are entitled to
judgment as a matter of law without the need for a trial.
In June 2023, Jackson Smith Thomas commenced a suit against
Kologik, LLC in state court. On June 15, 2023, Thomas obtained an
order directing that a Writ of Sequestration be issued to MRB.
Importantly for this case, the state court judge struck through
some language of the proposed order before signing it, making it
clear that the Writ does not apply to future deposits of funds.
A Notice of Sequestration was served on MRB on June 29, 2023. It is
undisputed that on June 29, 2023, Kologik owed MRB in excess of
$1.5 million. Kologik maintained four accounts
with MRB: two loan accounts, a cash collateral account, and a
commercial checking account.
A Lockbox Agreement was entered between Kologik and MRB on July 8,
2018. As an aside, that agreement was signed by Thomas as the
authorized representative of Kologik. Among other things, that
agreement authorized MRB to make withdrawals weekly from the cash
collateral account established pursuant to this authorization for
the purpose of application to debt of Kologik.
The day after the Writ was served on MRB, or June 30, 2023, the
state court issued an order dissolving the Writ.
Thomas did not seek answers from MRB regarding what property of
Kologik it held and did not seek a contradictory hearing against
MRB. No final judgment has been issued that would require MRB to
deliver any funds to the sheriff or Thomas.
On Sept. 15, 2023, MRB assigned Kologik's loans to a third party
and closed those accounts. The commercial checking account was
subsequently closed. MMB acquired MRB after these events took
place.
Kologik filed a voluntary petition for relief under chapter 11 of
the Bankruptcy Code on April 23, 2024. MRB turned over the funds in
the cash collateral account ($121,825.10) to Kologik as
debtor-in-possession and then closed the account.
Thomas filed an unsecured claim for $837,412.16 Thomas also filed
this adversary proceeding against the MRB, MMB, and Kologik on June
27, 2024. The Bankruptcy Court entered an order on Nov. 18, 2024,
consolidating Kologik's objection to Thomas' claim with this
adversary proceeding.
Thomas alleges in his complaint that he is owed damages by MRB for
failing to honor the Writ. He also seeks a judgment declaring that
he is entitled to a privilege on Kologik's MRB accounts as of June
15, 2023, pursuant to La. C.C.P. art. 3511. The Banks' Motion
essentially contends that under no circumstances could Thomas prove
he was entitled to get paid anything on account of the Writ.
The Bankruptcy Court says the Writ applied only to funds of Kologik
held in those accounts that day, as evidenced by the fact the state
court judge struck through language regarding future deposits.
Accordingly, no future deposits into those accounts were subject to
the Writ.
A judgment for damages in favor of Thomas would require him to
prove he would have ultimately prevailed in the state court in
recovering some funds from MRB pursuant to the Writ. To recover
from the accounts, Thomas would have had to seek garnishment at
some point. Thomas did not seek answers from MRB regarding what
property of Kologik it held pursuant to those rules, specifically
La. C.C.P. art. 2411. But for present purposes, had Thomas done so,
he would have discovered that there were no funds to which the Writ
could attach and therefore, no funds for MRB to sequester. Judge
Crawford explains, "It is undisputed that on the day MRB was served
with the Writ, and on the day later on when it was maintained, MRB
was owed considerably more by Kologik than the balances in the cash
collateral and checking accounts. Because there were no funds to
which the Writ could have attached had this played out to its
conclusion in state court, Thomas is due no damages. To rule
otherwise would bestow an unearned windfall on Thomas. For the same
reasons, no damages are due against MRB's successor, MMB."
A copy of the Court's decision is available at
https://urlcurt.com/u?l=upPaWB from PacerMonitor.com.
About Kologik LLC
Kologik, LLC, a company in Baton Rouge, La., creates software that
connects small and medium-sized law enforcement departments to the
information they need to keep officers and communities safe.
Kologik and its affiliates filed Chapter 11 petitions (Bankr. M.D.
La. Case No. 24-10311) on April 23, 2024. At the time of the
filing, Kologik reported up to $50,000 in assets and up to $10
million in liabilities.
Judge Michael A. Crawford presides over the cases.
The Debtors tapped Louis M. Phillips, Esq., at Kelley Hart & Pitre
as bankruptcy counsel and Wright, Moore, DeHart, Dupuis &
Hutchinson, LLC as tax accountants.
KYLE CHAPMAN: Seeks to Tap The Leaders Realty as Real Estate Broker
-------------------------------------------------------------------
Kyle Chapman Motor Sales, LP and its affiliates seek approval from
the U.S. Bankruptcy Court for the Western District of Texas to
employ The Leaders Realty, LLC as real estate broker.
The Debtors need a broker to assist in marketing negotiation and
potential sale of a real property located at 1352 Clark Brothers
Drive, Buda, Texas.
The broker will receive a commission of 6 percent of the property's
gross sales price.
Kristee Leonard, a real estate agent at The Leaders Realty,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Kristee Leonard
The Leaders Realty, LLC
P.O. Box 341773
Austin, TX 78734
Telephone: (512) 695-5144
Email: Kristee@TheLeadersRealty.com
About Kyle Chapman Motor Sales
Kyle Chapman Motor Sales, L.P. is a family-owned and operated
automobile dealer in Buda, Texas.
Kyle filed Chapter 11 petition (Bankr. W.D. Tex. Case No. 24-10143)
on Feb. 13, 2024, with $1 million to $10 million in both assets and
liabilities.
Todd Headden, Esq., at Hayward PLLC is the Debtor's legal counsel.
LANDMARK HOLDINGS: U.S. Trustee Appoints Creditors' Committee
-------------------------------------------------------------
The U.S. Trustee for Region 21 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Landmark
Holdings of Florida, LLC and its affiliates.
The committee members are:
1. J & R Fuller, LLC d/b/a PharmaCare Services
c/o John K. Fuller, RPh
Chief Executive Officer
713 Fourth Street
Blanco, TX 78606
2. Medline Industries, LP
c/o Scott Smith
Sr. Collection and Litigation Advisory Specialist
Three Lakes Drive
Northfield, IL 60093
3. TFG Billing, LLC
c/o Alexis Freeman
Owner, Business Development
19614 S. Muirfield Circle
Baton Rouge, LA 70810
4. Upright Healthcare Workforce, LLC
c/o Venel Pierre Louis, RN & RRT
President, Account Manager
2330 Scenic Hwy. S. Ste 652
Snellville, GA 30078
5. LRS Healthcare, LLC
c/o Jay Mitchell, General Counsel
2655 Northwinds Parkway
Alpharetta, GA 30009
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 Landmark Holdings of Florida
Landmark Holdings of Florida, LLC and seven affiliates filed
Chapter 11 petitions (Bankr. M.D. Fla. Lead Case No. 25-00397) on
March 9, 2025. The petitions were signed by Landmark CEO Bryan
Day.
At the time of the filing, Landmark reported between $50 million
and $100 million in assets and between $50 million and $100 million
in liabilities.
Judge Caryl E. Delano oversees the cases.
The Debtors are represented by:
Jamie Zysk Isani, Esq.
Hunton Andrews Kurth, LLP
Tel: 305-536-2724
Email: jisani@hunton.com
LANDSEA HOMES: S&P Raises Senior Unsecured Notes Rating to 'B+'
---------------------------------------------------------------
S&P Global Ratings raised its issue-level rating on Landsea Homes
Corp.'s senior unsecured notes to 'B+' from 'B' and revised its
recovery rating on the notes to '2' from '3'. The '2' recovery
rating indicates its expectation for substantial (70%-90%; rounded
estimate: 75%) recovery in the event of a payment default.
This upgrade and revision reflect the company's reduction of its
revolving credit facility's commitment to $455 million from $675
million. S&P said, "The decrease in the facility's commitment
amount reduces our estimate of Landsea's total senior unsecured
debt claims in a simulated default by about $188 million to
approximately $985.1 million. The 'B+' issue-level rating is in
line with our notching criteria and one-notch higher than our
issuer credit rating on the company."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors:
-- S&P rates Landsea's $300 million senior unsecured notes 'B+'
with a '2' recovery rating. The '2' recovery rating indicates its
expectation for substantial (70%-90%; rounded estimate: 75%)
recovery to noteholders in the event of a default.
-- S&P uses a discrete asset value approach to assess the recovery
prospects for homebuilders because it believes these companies'
primary source of value in a distressed scenario is their land and
inventory holdings. S&P assumes debtholders would be paid using
funds from the distressed sale of these assets.
-- S&P estimates a gross recovery value of $803.4 million, which
assumes a blended 42% discount to $1.34 billion in book value of
inventory and a portion of balance sheet cash.
-- S&P assumes the company's unsecured revolving credit facility
is 85% drawn at default. The revolver and senior notes rank
equally.
Simulated default assumptions
-- S&P's simulated default scenario contemplates a payment default
in 2028. Under this scenario, a U.S. economic recession adversely
affects the volume of new home sales and reduces average selling
prices back to trough levels, at which point the company's
liquidity becomes constrained and it is unable to meet its
fixed-charge obligations
-- S&P assumes Landsea's unsecured $455 million revolving credit
facility is approximately 85% drawn at default, less any
outstanding letters of credit.
Simplified waterfall:
-- Gross recovery value: $803 million
-- Property-level and administrative costs (5%): $40 million
-- Net recovery value: $763 million
-- Collateral available to unsecured creditors: $763 million
-- Total unsecured senior claims: $985 million
--Recovery expectations: 70%-90% (rounded estimate: 75%)
Note: Debt amounts Include six months of accrued but unpaid
interest.
LAS UVAS: Bankruptcy Court Must Consider Trustee's Laches Defense
-----------------------------------------------------------------
In the case captioned as ROBERT MARCUS, NOT INDIVIDUALLY, BUT
SOLELY AS SUCCESSOR TRUSTEE OF THE LAS UVAS DAIRIES LIQUIDATING
TRUST, Appellant, vs. DOÑA ANA COUNTY TREASURER, Appellee, Case
No. 24-cv-00001-JB-KRS (D.N.M.), Judge James Browning of the United
States District Court for the District of New Mexico reversed the
Dec. 1, 2023 Opinion of United States Bankruptcy Court for the
District of New Mexico that declined to consider the Appellant's
"finality" argument under the doctrine of laches.
On Oct. 5, 2020, the County filed its Notice of Appeal the United
States District Court of New Mexico. In its opening brief, the
County argues that: (i) the 2017 Livestock Taxes were incurred
post-petition, or, alternatively, that the Bankruptcy Court should
have allowed the County either to (a) amend the Proof of Claim to
include the 2017 Livestock Taxes; or (b) to file a new claim for
the 2017 Livestock Taxes out of time on the basis of excusable
neglect; and (ii) claims for the 2017 and 2018 Livestock Taxes
should have been allowed as post-petition administrative claims,
because the Administrative Claims Bar Date did not apply to the
County, and even if the Administrative Claims Bar Date did apply to
the County, the Bankruptcy Court should not have enforced it,
because it violated Bankruptcy Code Sec. 503(b)(1)(D).
On Aug. 27, 2021, the Honorable Kirtan Khalsa, United States
Magistrate Judge for the United States District Court for the
District of New Mexico, entered her Proposed Findings and
Recommended Disposition. On Sept. 30, 2021, the District Court
issued its Appeal Decision. In the Appeal Decision, the District
Court affirmed the Bankruptcy Court's determination that the 2017
Livestock Taxes were incurred pre-petition and that the County's
claim for the 2017 Livestock Taxes could not be added by amendment
to the Proof of Claim. The Court remanded the case to the
Bankruptcy Court to determine whether: (i) the County may file a
new prepetition claim for the 2017 Livestock Taxes out of time
based on excusable neglect; (ii) the personal property taxes
included in the County's timely Proof of Claim were for livestock;
and (iii) if there is any basis, other than the Administrative
Claims Bar Date, on which to reject the Administrative Claim.
On Oct. 6, 2021, the Trustee appealed to the Tenth Circuit. The
Tenth Circuit dismissed the appeal for lack of jurisdiction,
finding that the Court's opinion is not a final decision with
issues still being considered on remand
On Oct. 5, 2023, the Bankruptcy Court held an evidentiary hearing.
The Bankruptcy Court thereafter issued the Remand Opinion in the
underlying appeal. In the Remand Opinion, the Bankruptcy Court
first concludes that the Proof of Claim does not include any
livestock taxes. Next, the Bankruptcy Court concludes that the
County does not carry its burden of proving excusable neglect to
file a late claim for prepetition livestock taxes. Finally, the
Bankruptcy Court concludes that there is no basis to disallow the
County's administrative expense claim for 2018 livestock taxes
other than the Administrative Claims Bar Date. The Bankruptcy Court
concludes also that Mr. Marcus failed to raise the defense of
laches. Accordingly, the Bankruptcy Court allows the claim subject
to Marcus' right to review and object to the amount thereof.
The sole issue on appeal before the District Court is whether the
Bankruptcy Court erred in finding that Marcus did not raise the
affirmative defense of laches in his "finality" arguments on
remand. The District Court concludes that Marcus has not waived the
laches defense. At the Remand Hearing, Marcus' arguments capture
the core of a laches defense: delay and prejudice. Accordingly,
the District Court holds that the Bankruptcy Court erred in
declining to consider Marcus' laches defense.
The conflict in this case stems from the County's belated attempts
to collect personal property taxes on the debtor's dairy herd after
the Bankruptcy Court entered an order confirming trustee Marcus'
liquidation plan. Throughout this case, Marcus has raised legal
arguments focusing on the County's delay in attempting to collect
the livestock taxes, and the alleged prejudice its delay caused to
the creditors. Marcus' statements at the Remand Hearing are the
same arguments he previously has made, packaged slightly
differently. His statements are recognizable, moreover, as going to
the laches defense, which the Bankruptcy Court acknowledges in the
Remand Opinion. Marcus' statements at the Remand Hearing about
finality provide the County with notice that he is arguing the
equities. Accordingly, the Bankruptcy Court should have considered
his laches defense.
The District Court remands this matter to the Bankruptcy Court to
consider whether laches disallows the County's Administrative
Claim.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=ZnSDBt from PacerMonitor.com.
About Las Uvas Valley Dairies
Founded in 1998, Las Uvas Valley Dairies operates a dairy farm at
1261 Hilburn Road, Hatch, NM 87937, Dona Ana County. The company
filed for chapter 11 bankruptcy protection (Bankr D.N.M. Case No.
17-12356) on Sept. 15, 2017, with estimated assets of $100 million
to $500 million and estimated debts of $10 million to $50 million.
The petition was signed by Dean Horton, general partner.
The Unsecured Creditors Committee and the two largest secured
creditors, Production Credit Association of Southern New Mexico and
Metropolitan Life Insurance Company, filed a plan of liquidation
providing for the sale of the Debtor's assets and the distribution
of net proceeds to creditors. Unsecured creditors were guaranteed
at least $1,000,000 under the Plan. The Court confirmed the plan on
June 14, 2018.
Robert Marcus has been named the successor liquidating trustee. The
Court entered a final decree closing the case on July 27, 2018.
LEASING ONE: Case Summary & Six Unsecured Creditors
---------------------------------------------------
Debtor: Leasing One Inc.
1221 Richfield Ct.
Woodridge, IL 60517
Business Description: Leasing One Inc. is primarily engaged in
providing over-the-road trucking services,
including household goods, either as a
common carrier or under special contracts or
agreements.
Chapter 11 Petition Date: April 4, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-05211
Judge: Hon. Michael B Slade
Debtor's Counsel: Saulius Modestas, Esq.
MODESTAS LAW OFFICES, P.C.
401 S. Frontage Rd., Ste. C
Burr Ridge, IL 60527-7115
Tel: 312-251-4460
Fax: 312-277-2586
Email: smodestas@modestaslaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
Dimitre Ognianov, as the president, signed the petition.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/INCNUTQ/Leasing_One_Inc__ilnbke-25-05211__0001.0.pdf?mcid=tGE4TAMA
LIBERATED BRANDS: Hires Gordon Brothers Realty as Consultant
------------------------------------------------------------
Liberated Brands, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Delaware to employ Gordon
Brothers Realty Services, LLC as real estate consultant.
The firm will render these services:
a. recommend appropriate strategies to effectively sell or
otherwise monetize interests in real property leases, including
those related to the stores;
b. work with the Debtors and its advisors to provide
reporting and supporting market data as necessary for the Debtors
to evaluate lease modifications, lease sales, landlord consents and
other proposals;
c. mutually agree with the Merchant with respect to a
strategic plan for assigning or terminating the Leases;
iv. on the Merchant's behalf, negotiate the terms of
assignment and termination agreements with third parties and the
landlords under the Leases, in accordance with the Real Estate
Strategic Plan;
v. assist the Merchant in closing the Lease assignment and
termination
agreements; and
vi. perform such other related services deemed by Gordon
Brothers to be necessary or prudent to facilitate such
transactions.
Gordon Brothers will be compensated and reimbursed for a consultant
fee of 6.5 percent of gross proceeds.
Richard Edwards, a partner at Gordon Brothers Realty Services, LLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Richard Edwards
Gordon Brothers Realty Services, LLC
101 Huntington Avenue, 11th Floor
Boston, MA 02199
Tel: (888) 424-1903
Email: info@gordonbrothers.com
About Liberated Brands
Liberated is in the sport, outdoor, and lifestyle apparel industry.
Liberated offers its customers access to products under
high-quality brands such as Volcom, Billabong, Quiksilver, Spyder,
RVCA, Roxy, and Honolua, in its 124 retail locations across the
United States and through other channels. As an omnichannel apparel
licensee with deep-rooted and unique expertise in trend forecasting
and brand development, Liberated has attracted loyal customers in
more than 100 countries. Liberated operates regional headquarters
in North America, Europe, Japan, and Australia.
On Feb. 2, 2025, Liberated Brands LLC and eight affiliated debtors
filed voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-10168). The
cases are pending before Honorable Judge J. Kate Stickles.
Liberated has tapped Kirkland & Ellis, LLP and Klehr Harrison
Branzburg LLP to facilitate the Chapter 11 restructuring process.
AlixPartners LLC is the Debtors' financial advisor. Stretto is the
claims agent.
JP Morgan has retained Morgan, Lewis & Bockius LLP and Berkeley
Research Group, LLC.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
LTI TRUCKING: Closes Permanently, No Bankruptcy Filing Plans Yet
----------------------------------------------------------------
FreightWaves reports that LTI Trucking Services, a leading trucking
and logistics firm, informed its 250 drivers on April 2, 2025, that
it will be closing down, FreightWaves reported.
"After carefully considering our situation and exhausting all
possible alternatives, we've made the tough decision to shut down
LTI Trucking Services," the company said in a message to its
drivers.
Based in Madison, Illinois, the company assured drivers it would
assist in getting them home as soon as possible and ensure they
receive their final pay.
"For any driver wishing to return home immediately, we will make
arrangements," the message continued. "You will receive all the
compensation you are owed."
It is still unclear whether the company intends to file for
bankruptcy protection.
Established in 2005 near St. Louis, LTI Trucking operated 300
tractors and 575 trailers, specializing in temperature-controlled
freight across more than 30 states in the Midwest, South, and
East.
Its clients included major brands such as AB InBev, KraftHeinz,
Vlasic, Hershey's, Nestlé, Tyson, Hillshire Farm, Kroger, Hostess,
and Sara Lee.
About LTI Trucking
LTI Trucking Services, Inc. provides truckload carrier and logistic
services in the United States.
LUCAS CONSTRUCTION: Seeks to Hire Auction Advisors as Auctioneer
----------------------------------------------------------------
Lucas Construction Group, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of New Jersey to employ Auction
Advisors, LLC as auctioneer.
The firm will manage and auction the Debtor's equipment listed in
its Chapter 11 bankruptcy petition.
The firm will be compensated as follows:
(a) 10 percent buyer's premium on all sales;
(b) 2 percent to 3 percent auction time expenses to be covered
by auctioneer;
(c) exceptions to auctioneer covering the 2 percent to 3
percent auction time expenses:
i. if an auction is not held through no fault of
auctioneer;
ii. if Debtor is unable to deliver the equipment
Joshua Olshin, a managing partner at Auction Advisors, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Joshua Olshin
Auction Advisors, LLC
26 Park Street, Suite 2200
Montclair, NJ
About Lucas Construction Group
Lucas Construction Group Inc. is a construction company based in
Morganville, New Jersey, specializing in heavy highway and road
construction as well as site redevelopment projects for both public
and private sectors. With over 15 years of experience, the Company
has worked with various federal, state, and local agencies,
handling complex construction tasks.
Lucas Construction Group Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-12404) on March 7,
2025. In its petition, the Debtor reports total assets of
$5,181,262 and total liabilities of $16,950,049.
Andrew J. Kelly, Esq., at The Kelly Firm, PC serves as the Debtor's
counsel.
LUXURY TIME: Seeks Subchapter V Bankruptcy in Pennsylvania
----------------------------------------------------------
On April 2, 2025, Luxury Time Global LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Middle District of
Pennsylvania. 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 Luxury Time Global LLC
Luxury Time Global LLC, d/b/a Luxury Time Global, is a retailer
specializing in luxury watches, offering both new and pre-owned
timepieces from world-renowned brands like Rolex, Omega, and Patek
Philippe. With established offices in Florida and Pennsylvania, as
well as an online store, the Company serves watch enthusiasts,
celebrities, and athletes.
Luxury Time Global LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. M.D. Pa. Case No. 25-00912)
on April 2, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Mark J. Conway handles the case.
The Debtor is represented by C. Stephen Gurdin, Jr., Esq.
M6 ETX HOLDINGS II: Moody's Upgrades CFR to B1, Outlook Stable
--------------------------------------------------------------
Moody's Ratings upgraded M6 ETX Holdings II MidCo LLC's (M6 ETX)'s
Corporate Family Rating to B1 from B2 and Probability of Default
Rating to B1-PD from B2-PD, with a stable outlook. Previously, the
ratings were on review for upgrade. At the same time, Moody's
affirmed the B1 rating on the company's new $825 million backed
senior secured first lien term loan B due 2032.
This action concludes the ratings review that was initiated on
March 17, 2025 following M6 ETX's agreement in principle to acquire
Clearfork Midstream Holdings LLC (Clearfork, unrated) from EnCap
Flatrock Midstream (unrated) in an all-equity transaction. The
acquisition closed on April 1, 2025.
"The Clearfork acquisition increases M6 ETX's scale, earnings and
free cash flow generation capacity, while immediately reducing its
level of financial leverage," said Thomas Le Guay, a Moody's
Ratings Vice President. "Moody's expects the company to continue
deleveraging over the next 12 to 18 months thanks to gradually
increasing earnings."
RATINGS RATIONALE
M6 ETX B1 CFR is supported by the stable operating performance of
its integrated gas gathering, processing and pipeline assets that
benefit from good barriers to entry; the proximity and connection
of its operations in the Haynesville Shale of East Texas to the US
Gulf Coast and strong demand for liquefied natural gas (LNG)
export; and its limited direct exposure to commodity prices, with
around 90% of revenue under fixed-fee contracts with a diverse and
predominantly investment-grade customer base. The CFR benefits from
a moderate level of financial leverage, with the company's
debt-to-EBITDA ratio falling below 4.0x and EBITDA-to-Interest
expense ratio increasing above 3.0x pro forma for the Clearfork
acquisition.
The B1 CFR is constrained by M6 ETX's exposure to a single
geographic area with less competitive production costs than other
basins. Persistently low natural gas prices through 2023 and 2024
resulted in lower new well activity in the Haynesville and subdued
natural gas volumes on M6 ETX's gathering system. The B1 CFR also
considers M6 ETX's relatively high exposure to volume risk, with
only 20% of revenue derived from take-or-pay contracts, and another
27% indirectly related to take-or-pay contracts; as well as
potential capital needs to support future growth.
The stable outlook reflects Moody's expectations of continued
deleveraging supported by gradually increasing earnings that are
partially insulated from commodity price and volume risk.
M6 ETX will maintain good liquidity through 2026. Liquidity is
supported by around $25 million of cash and cash equivalents and
$68 million of availability under its $75 million revolving credit
facility (unrated) as of March 31, 2025 and pro forma for the
Clearfork acquisition, and around $75 million of free cash flow in
2025. The revolver's maintenance covenants include a 1.1x minimum
debt service coverage ratio and a 1.25x maximum super priority
leverage ratio. Moody's expects M6 ETX to remain well in compliance
with these covenants.
The new $825 million term loan maturing in 2032 is rated B1, in
line with the CFR, because of the small size of the revolver's
potential priority claim. The new $75 million senior secured
revolver matures in 2030 and has a super priority claim to the
company's assets over the term loan.
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
An upgrade would require a substantial increase in scale and
reduced volume risk through minimum volume or take-or-pay
commitments and declining counterparty risks in stable to improving
industry conditions. EBITDA approaching $400 million and a
sustained decline in financial leverage would support an upgrade.
The ratings could be downgraded if debt/EBITDA increases above 5.0x
or if liquidity deteriorates.
M6 ETX Holdings II MidCo LLC is a private company operating
midstream natural gas gathering and processing (G&P) facilities and
pipelines in East Texas. The company has over 800,000 dedicated G&P
acres, over 3,500 miles of pipeline and around 2 billion cubic feet
per day (Bcf/d) of transportation capacity. M6 ETX is owned by
EnCap Flatrock Midstream and other legacy sponsors.
The principal methodology used in these ratings was Midstream
Energy published in February 2022.
MANA GROUP: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
Mana Group Pharmacies, LLC received interim approval from the U.S.
Bankruptcy Court for the Northern District of Texas, Dallas
Division, to use cash collateral.
The company needs to use cash collateral for payroll and other
essential expenses such as purchasing inventory and paying key
vendors.
Mana Group Pharmacies' largest creditor is Live Oak Banking
Company, holding a first lien on its assets, including inventory,
accounts and equipment, to secure a debt of approximately $2.08
million. Other creditors with secondary and subsequent liens
include the U.S. Small Business Administration, PioneerRx LLC and
Cardinal Health, with debts ranging from $500,000 to $18,000. Mana
Group Pharmacies asserts that only Live Oak holds secured interest
with collateral value.
Mana Group Pharmacies has also reported that various parties,
including Heartland Global and Express Scripts, are holding funds
belonging to the company, totaling approximately $73,000 and
$4,000, respectively. Additionally, Compliant Pharmacy Alliance is
also holding assets related to Mana Group Pharmacies.
The interim order granted secured creditors replacement liens on
Mana Group Pharmacies' assets as protection from the company's use
of their cash collateral.
Meanwhile, Heartland Global, Express Scripts and Compliant Pharmacy
Alliance were ordered to turn over to Mana Group funds belonging to
the company's bankruptcy estate, including proceeds from accounts
receivable produced by the sale of goods and services of the
company.
The next hearing is set for April 16.
About Mana Group Pharmacies
Mana Group Pharmacies, LLC, operating as Brown's Pharmacy, is an
independent, locally owned pharmacy in Irving, Texas, serving the
Irving, Las Colinas, and Greater Dallas-Fort Worth areas since
1973. The pharmacy focuses on providing personalized, friendly
customer service, distinguishing itself from larger chain
pharmacies. Services include prescription refills, compounding,
delivery, vaccines, wound care, MEDSYNC (medication
synchronization), and PakMyMeds (a free medication packaging
service). Additionally, the pharmacy acts as an Amazon Hub,
securely accepting and storing Amazon packages for customers.
Mana Group Pharmacies filed Chapter 11 petition (Bankr. N.D. Texas
Case No. 25-31057) on March 27, 2025, listing $332,938 in assets
and $4,952,261 in liabilities. Christopher Tapper, managing member
of Mana Group Pharmacies, signed the petition.
David R. Langston, Esq., at Mullin Hoard & Brown, L.L.P., is the
Debtor's legal counsel.
Live Oak Banking Company, as secured creditor, is represented by:
Kristin A. Zilberstein, Esq.
ZBS Law, LLP
30 Corporate Park, Suite 450
Irvine, CA 92606
Telephone: 714-848-7920
Fax Number: 714-908-7807
bankruptcy@zbslaw.com
MARINA DEL REY: Hires Rochelle McCullough as Bankruptcy Counsel
---------------------------------------------------------------
Marina Del Rey LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Texas to employ Rochelle McCullough,
LLP as bankruptcy counsel.
The firm's services include:
a. advising the Debtors with respect to rights, powers and
duties as Debtors continue to operate and manage the business of
the Debtors;
b. advising the Debtors concerning, and assisting in the
negotiation and documentation of, agreements, debt restructuring,
and related transactions;
c. monitoring transactions proposed by the parties in interest
during the course of this case and advising the Debtors regarding
the same;
d. reviewing the nature and validity of liens asserted against
the property of the Debtors and advising the Debtors concerning the
enforceability of such liens;
e. advising the Debtors concerning the actions that might be
taken to collect and to recover property for the benefit of the
Debtors' estate;
f. reviewing and monitoring the Debtors' ongoing business;
g. preparing on behalf of the Debtors all necessary and
appropriate applications, motions, pleadings, draft orders, notices
and other documents, and reviewing all financial and other reports
to be filed in this chapter 11 case;
h. advising the Debtors concerning, and preparing responses
to, applications, motions, pleadings, notices and other papers that
may be filed and served in this chapter 11 case;
i. advising the Debtors in connection with any suggested or
proposed plan(s) of reorganization;
j. counseling the Debtors in connection with the formulation,
negotiation and promulgation of a plan of reorganization; and
k. performing all other legal services for and on behalf of
the Debtors that may be necessary or appropriate in the
administration of this chapter 11 case.
The firm will be paid at these rates:
Partners $650 to 900
Associates $375 to 450
Paraprofessionals $225
The firm received a retainer in the amount of $50,000.
Joseph Postnikoff, Esq., a partner at Rochelle McCullough,
disclosed in a court filing that his firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Joseph F. Postnikoff, Esq.
Rochelle McCullough, LLP
300 Throckmorton, Suite 520
Fort Worth, TX 76102
Telephone: (817) 347-5260
Email: jpostnikoff@romclaw.com
About Marina Del Rey LLC
Marina Del Rey LLC is a full-service marina on Lake Texoma,
offering boat storage, rentals, maintenance, and a variety of
amenities, including a restaurant, bar, and lodging. The marina
provides a large boat ramp and covered boat slips in multiple sizes
for a convenient and enjoyable experience on the lake.
Marina Del Rey LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-30909) on March 17,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Jud Stacey G. Jernigan handles the
case.
Joseph Fredrick Postnikoff, Esq. at ROCHELLE MCCULLOUGH, LLP
represents the Debtor as counsel.
MEMSTAR USA: Hires Crain Caton & James as Special Counsel
---------------------------------------------------------
Memstar USA Inc. seeks approval from the U.S. Bankruptcy Court for
the Southern District of Texas to hire Crain Caton & James as
special counsel.
The firm will render these services:
a. negotiating the terms of the sale with potential buyer(s),
including negotiating the purchase price, any contingencies,
representations and warranties, and other key terms of the sale
agreement;
b. drafting and reviewing the necessary legal documents
related to the sale, including conducting due diligence, reviewing
any assumption and assignment of executory contracts, drafting the
asset purchase agreement, and complying with any court approved
sale procedures; and
c. performing such other legal services as may be necessary or
as may be requested by the Debtor or this Court in accordance with
the Debtor’s powers and duties as set forth in the Bankruptcy
Code.
The firm will be paid at these hourly rates:
Michael Roy, Shareholder $550
Kelly Brown, Shareholder $845
James Smith, Shareholder $750
James Hudson, Shareholder $555
Caroline Pace, Of Counsel $475
The following is provided in response to the request for additional
information set forth in Paragraph D.1 of the Appendix B
Guidelines.
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments for
the 12 months prepetition. If your billing rates and material
financial terms have changed post-petition, explain the difference
and the reasons for the difference.
Answer: Crain Caton represented Debtor prior to the Petition
Date and the terms of the prepetition engagement and billing rates
are substantially the same as those set forth in the engagement
letter.
Question: Has your client approved your prospective budget and
staffing plan and, if so, for what budget period?
Answer: Not applicable.
As disclosed in the court filings, Crain Caton is a "disinterested
person" as that term is defined in section 101(14) of the
Bankruptcy Code and represents no interest adverse to the Debtor,
its estate, its creditors, or any other party in
interest in the matters upon which it is to be engaged.
The firm can be reached through:
Michael Roy, Esq.
Crain Caton & James
1401 McKinney, Suite 1700
Houston, TX 77010
Tel: (713) 752-8605
E-mail: mroy@craincaton.com
About Memstar USA Inc.
Memstar USA Inc. owns the property located at 3655 Pollock Drive,
Conroe, TX 77303. The Property encompasses 10 acres of land, a
41,000 sq. ft. manufacturing plant, and a 4,500 sq. ft. office
building. The current value of the Property is estimated at $7.5
million.
Memstar USA Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-30764) on February 7,
2025. In its petition, the Debtor reports total assets of
$8,712,000 and total liabilities of $10,547,608.
The Debtor is represented by Michael J. Durrschmidt, Esq. at DYKEMA
GOSSETT PLLC.
MIAMI JEWISH: Fitch Alters Outlook on 'BB+' LongTerm IDR to Stable
------------------------------------------------------------------
Fitch Ratings has affirmed Miami Jewish Health Systems and
subsidiaries' (MJHS or Miami Jewish) Long-Term Issuer Default
Ratings (IDR) at 'BB+'. Fitch has also affirmed the rating on
approximately $41 million of series 2017 revenue bonds issued by
the city of Miami Health Facilities Authority on behalf of MJHS at
'BB+'.
The Rating Outlook has been revised to Stable from Negative.
Entity/Debt Rating Prior
----------- ------ -----
Miami Jewish Health
Systems and
Subsidiaries (FL) LT IDR BB+ Affirmed BB+
Miami Jewish
Health Systems
and Subsidiaries
(FL) /General
Revenues/1 LT LT BB+ Affirmed BB+
The Stable Outlook reflects MJHS's improved performance over the
last two years, which has enabled MJHS to make its debt service
coverage and days cash on hand covenants in FY24 (Jun. 30 YE). The
performance has carried into FY25, with six-month operating results
showing an operating ratio of 98.7%, the strongest it has been
through the five-year historical period.
The operating results have been driven by growth in and improved
management of the Program of All-Inclusive Care for the Elderly
(PACE), which represents about 70% of MJHS's revenues, and the
narrowing of losses in skilled nursing, its second largest service
line. The improved performance has strengthened MJHS's financial
profile, with cash-to-adjusted debt of 137.8% at Dec. 31, 2024.
This figure is very strong for the 'BB+' rating and has increased
from about 112.7% at FYE 2023.
The rating also reflects the application of an asymmetric risk
factor related to MJHS's exposure to government payors in two of
its main service lines: the PACE program and skilled nursing.
Positive rating momentum is limited, given the level of exposure to
government revenues. Fitch's forward look shows MJHS maintaining
the improved performance, as unrestricted liquidity continues to
grow and capital spending remains well below depreciation.
MJHS is contemplating an entrance fee independent living (IL)
expansion. The project is in its earliest phases and is not
factored into the rating. Fitch expects more details on the project
in the next year. MJHS has limited debt capacity at the current
rating level.
SECURITY
The bonds are secured by a pledge of gross revenues and a mortgage
on certain property of the OG, which includes MJHS, the Florida
PACE Centers, and the Miami Jewish Health Foundation, Inc.
KEY RATING DRIVERS
Revenue Defensibility - 'bb'
Limited Rate Flexibility; Mixed Demand Characteristics
The weaker revenue defensibility largely reflects Miami Jewish's
limited ability to raise rates, as over 70% of its revenues comes
from government payors, reflecting the large PACE program and
skilled nursing service lines. While demand in these service lines
is good, especially for the PACE program, which continues to grow
with new PACE sites in Kendall and northern Broward County, the
limited rate raising ability offset these good demand
characteristics.
While IL occupancy is a key driver of performance in the sector, IL
units make up less than 15% of total units and less than 5% of
total revenue at Miami Jewish and is less of a driver of
performance. However, IL occupancy has improved to 76% and the
losses in the service line are narrowing. Historically, IL
occupancy has been below 70%. Assisted living (AL) occupancy has
also improved to above 70% and was 74% through FYE24. Skilled
nursing occupancy was 73% for the same period. MJHS management is
working to right size beds in the SNF unit which should help
occupancy in the coming fiscal years.
MJHS faces steady competition from a number of AL and skilled
nursing providers in the immediate service area. While IL
competition is limited in downtown Miami, there are number of
entrance fee IL providers in the broader east coast Florida market,
especially north of Miami. Service area demographics are mixed,
with very good growth characteristics offset by income levels lower
than state averages.
Operating Risk - 'bb'
Stable Performance in FY 2024; Improvement Beginning to Show in FY
2025
The weak operating risk assessment reflects operating ratios that
have historically been well above 100%. In recent years the
operating performance has improved, with MJHS producing operating
ratios of 104% and 101% in FY24 and FY23, respectively. The
operational performance continued to improve in the first six month
of FY25, with the operating ratio of 98.7% and a positive net
operating margin of 1.3%. The net operating margin was negative
through the five-year historical period. As a result, maximum
annual debt service (MADS) coverage rose to 2.0x, its highest level
through the five-year historical period.
Fitch believes the growth in PACE revenue, the more efficient
management of PACE participants, higher IL occupancy, and reduced
losses in skilled nursing will enable MJHS to sustain the improved
performance. Management has indicated it will continue to invest in
and support the growth of its PACE program, relative to its other
service lines.
Capital spending has been well below the depreciation expense in
the last five years and is expected to remain below depreciation
over the next two years. Fitch notes that a longer period of lower
capex could pressure the rating; however, this is less of a concern
given that the PACE program, currently MJHS' largest driver of
performance, is not a capital-intensive service line.
Leverage metrics are good for the rating level. In FY24, MADS as
percentage of revenue was very low at 2% of revenues, and with the
improved performance, debt to net available was 9.6x.
Financial Profile - 'bb'
Thinner Financial Profile Though a Stress
Given MJHS's weak revenue defensibility and operating risk
assessments and Fitch's forward-looking scenario analysis, Fitch
expects key leverage metrics to remain consistent with a 'bb'
financial profile. At FYE 2024, MJHS had unrestricted cash and
investments of approximately $50 million, equating to about 130% of
adjusted debt. MJHS has no debt equivalents as it fully funded its
defined pension plan and terminated it in FY 2020. Miami Jewish
successfully made its covenants, with DCOH of 107 relative to a
covenant of 90 days and MADS coverage right at the 1.2x covenant.
Fitch's baseline scenario, which is a reasonable forward look of
financial performance over the next five years given current
economic expectations, assumes operating ratios stabilizing at
about 100% and capital spending remaining below depreciation. The
base case shows cash to adjusted debt steadily improving, MADS
coverage stabilizing at or above 2x, and DCOH remaining above the
90-day covenant.
Fitch's stress scenario assumes an operational stress and an
economic stress (to reflect equity volatility), which is specific
to MJHS's asset allocation. The stress case results show MJHS with
thinner cash-to-adjusted debt levels and very weak debt service
coverage in years one and two, with metrics improving in the out
years of the scenario but remaining materially below the base case
results. The thinner stress scenario results emphasize the
asymmetric risk factor, with the level of exposure to government
payors limiting MJHS' financial flexibility and ability to recover
from a stress.
Asymmetric Additional Risk Considerations
The rating also incorporates the application of an asymmetric risk
factor related to MJHS's exposure to government payors in two of
its main service lines: skilled nursing and the Program of
All-Inclusive Care for the Elderly (PACE). Together these service
lines represent over 75% of the obligated group's (OG) revenues.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to make the 1.2x debt service coverage covenant
- A sustained operating ratio notably above 100%;
- A deterioration in unrestricted liquidity such that cash to
adjusted debt falls below 75%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Further operational improvement such that the operating ratio is
closer to 90%, cash to adjusted debt stabilizes above 120%, and
debt service coverage is consistently around 3x could warrant a
rating upgrade.
PROFILE
Founded in the 1940s as a 23-bed nursing home for Jewish widows and
widowers, MJHS has grown into a provider of a wide array of senior
services in South Florida. The OG consists of a 393-bed skilled
nursing facility, one of the largest in the Southeast, a 82-unit
rental IL unit, 113-unit AL unit, 19-unit memory care facility, and
a small 32-bed acute care hospital, mostly catering to the needs of
the MJHS residents and PACE participants, all located on the
system's main campus in Miami, and a foundation.
The OG operates a large PACE program with four centers providing
care to just over 1,000 participants. Fitch's financial analysis is
based on the OG, which had approximately $164.7 million in
operating revenue in FY24.
The main entities outside of the OG include three HUD Section 202
apartment buildings providing subsidized housing for the elderly
and a nurse registry program.
Sources of Information
In addition to the sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
information 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.
MILFORD HOUSE: Creditors to Get Proceeds From Liquidation
---------------------------------------------------------
The Milford House, LLC filed with the U.S. Bankruptcy Court for the
District of New Jersey a Plan of Liquidation for Small Business
dated March 11, 2025.
The Debtor is a restaurant located in Milford NJ. A restaurant has
been located on this property since 1985. The current restaurant
has been operating since 2016.
The Debtor is a Limited Liability Corporation owned by Jacqueline
Tangtrakul and Thomas Kulnis with each owning 50% of the shares.
The Debtor's assets are all the equipment and fixtures owned by the
Debtor and used to prepare and serve meals to customers. The value
of the equipment is based on the recent replacement cost of the
equipment after a flood. The cost of the Liquor License is based on
how much it was purchased for in 2016.
The Debtor was shut down during the covid outbreak After covid was
over the Debtor's location was flooded which required substantial
rehabilitation and further time when the business was closed.
The Debtor will self-liquidate. The liquidation will include all
kitchen equipment and equipment used to serve customers of the
restaurant known as "the Milford House". In addition, the liquor
license will be sold as part of the package or by itself. The real
estate, owned by a separate entity known as Oyster LLC will also be
sold in conjunction with the sale. It is estimated that creditors
will receive 100% of their claims.
Class 2 consists of General Unsecured Claims. This Class shall be
paid in full at closing. The allowed unsecured claims total
$57,000.00. This Class is unimpaired.
Class 3 consists of equity Interest holders. Only receive
distribution if all other creditors paid in full.
The Debtor is liquidating all its assets including its liquor
license and paying creditors 100% of their claims after the sale is
consummated.
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 Interests 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.
A full-text copy of the Liquidating Plan dated March 11, 2025 is
available at https://urlcurt.com/u?l=bMBDwl from PacerMonitor.com
at no charge.
The firm can be reached through:
Andre L. Kydala, Esq.
Law Firm of Andre L. Kydala
12 Lower Center St.
Clinton, NJ 08809
Telephone: (908) 735-2616
Email: kydalalaw@aim.com
About The Milford House
The Milford House, LLC, is a restaurant located in Milford NJ.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 24-22174) on December 11,
2024, with as much as $50,000 in both assets and liabilities.
Andre Kydala, Esq., is the Debtor's legal counsel.
MILLENKAMP CATTLE: Taps Rob Ezold of Vertex as Expert Witness
-------------------------------------------------------------
Millenkamp Cattle, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Idaho to employ Rob
Ezold, Sr. Forensic Mechanical Engineer of Vertex, as an expert
witness.
Mr. Ezold will assist the Debtors as expert witnesses in the
Digester Dispute.
Mr. Ezold will charge his hourly rate of $395 for his services.
As disclosed in the court filings, Mr. Ezold and Vertex are
"disinterested persons" as that term is defined in Bankruptcy Code
Section 101(14).
The firm can be reached through:
Rob Ezold, PE
The Vertex Companies, LLC
7000 Peachtree Dunwoody Road
Building 11, Suite 300
Atlanta, GA 30328 USA
Phone: (865) 315-4945
Email: rezold@vertexeng.com
About Millenkamp Cattle
Millenkamp Cattle Inc., is part of a family-owned agriculture
business that can produce more than 1 million pounds of milk per
day.
Millenkamp Cattle Inc. and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Idaho Lead Case
No. 24-40158) on April 2, 2024. In the petitions filed by William
J. Millenkamp, manager, Millenkamp Cattle estimated assets between
$10 million and $50 million and estimated liabilities between $500
million and $1 billion.
Judge Noah G. Hillen oversees the cases.
The Debtors tapped Matthew T. Christensen, Esq., at Johnson May,
PLLC as bankruptcy counsel and Givens Pursley as special counsel.
MLN US HOLDCO: Unsecureds Unimpaired in Prepackaged Plan
--------------------------------------------------------
MLN US HoldCo LLC and affiliates filed with the U.S. Bankruptcy
Court for the Southern District of Texas a Disclosure Statement for
the Joint Prepackaged Chapter 11 Plan dated March 10, 2025.
The Company is an award-winning global provider of cloud and on
premise business communications and collaboration solutions. As a
global provider in business telecommunication solutions, the
Company helps small, midsize, and larger enterprise customers
flexibly and reliably connect and collaborate.
Through its various subsidiaries and affiliates, the Company sells
(a) telecommunication hardware products, such as phones, handsets,
and accessories, (b) software, and (c) corresponding subscription
and professional support services that allow small, midsize, and
larger enterprises to communicate more efficiently and flexibly.
On March 9, 2025, the Debtors and the Consenting Stakeholders
entered into the Restructuring Support Agreement. The Restructuring
Support Agreement envisions a substantial deleveraging of the
Debtors' balance sheet by over $1.15 billion and a reduction of
$135 million in annual cash interest expense. The delevered capital
structure contemplated by the Restructuring Support Agreement will
position the reorganized Debtors for long term growth following
their emergence from these chapter 11 cases and to continue making
critical investments to successfully perform in their competitive
industry.
Pursuant to the Restructuring Support Agreement and subject to the
conditions specified therein, the Consenting Stakeholders have
agreed, among other things, to support the Restructuring
Transactions and vote in favor of the Plan. Consistent with the
Restructuring Support Agreement and the Commitment Letter, the
parties thereto have agreed to support the Restructuring
Transactions and committed to provide, in the aggregate, $124.5
million of new money financing to fund the Restructuring
Transactions and enable the Debtors to execute on their go-forward
business plan.
In addition, (i) all holders of Priority Lien Loans will have the
opportunity to participate in the DIP Financing and/or financing of
the New Money Tranche A-2 Term Loans, provided they sign onto the
Restructuring Support Agreement by March 14, 2025 (the "New Money
Election Date") and (ii) all DIP Backstop Parties and Tranche A-2
Term Loan Backstop Parties (to the extent such DIP Backstop Party
or Tranche A-2 Term Loan Backstop Party has committed to fund at
least its pro rata share of the DIP New Money Term Loans and/or the
New Money Tranche A-2 Term Loans) will have the opportunity to
participate in financing the Tranche A-2 Term Loan Facility
provided they elect to do so by the New Money Election Date.
Class 6 consists of all General Unsecured Claims. Except to the
extent that a Holder of an Allowed General Unsecured Claim and the
Debtors (with the consent of the Required Consenting Senior
Lenders) agrees to a less favorable treatment on account of such
Claim or such Claim has been paid or Disallowed by Final Order
prior to the Effective Date, on and after the Effective Date, the
Reorganized Debtors shall continue to pay or treat each Allowed
General Unsecured Claim in the ordinary course of business as if
the Chapter 11 Cases had never been commenced, subject to all
claims, defenses, or disputes the Debtors and Reorganized Debtors
may have with respect to such Claims. Class 6 is Unimpaired under
the Plan.
Class 8 consists of all Intercompany Interests. On the Effective
Date, at the Debtors' election, each Holder of an Intercompany
Interest shall have its Intercompany Interest Reinstated, or
cancelled, released, and extinguished without any distribution.
The Debtors and the Reorganized Debtors, as applicable, shall fund
distributions under the Plan with: (1) Cash on hand; (2) proceeds
from the DIP Facility; (3) the Exit Term Loan Facility; and (4) the
New Common Equity.
Certain members of the Ad Hoc Group and certain other holders of
Priority Lien Loans (in such capacity, the "DIP Backstop Parties")
have committed to provide the Debtors with the necessary post
petition debtor-in-possession financing to enable the Debtors to
fund the chapter 11 process and continue their operations,
including to fund wages, salaries, and benefits to the Debtors'
employees, procure necessary goods and services, maintain trade
terms with the Debtors' vendors, finance the cost of these chapter
11 cases, and meet other working capital needs of the Debtors (the
"DIP Financing").
Without the proceeds of the DIP Financing and access to cash
collateral, the Debtors lack the liquidity necessary to continue
operations. The DIP Financing provides the Debtors with sufficient
liquidity to operate their business, administer these chapter 11
cases to pursue a restructuring that will significantly deleverage
their balance sheets, and implement operational initiatives that
will position the Debtors to succeed upon emergence from chapter
11. The Debtors believe that the terms of the DIP Financing and the
proposed order approving the DIP Motion on are fair and reasonable
under the circumstances, and the best alternative available to the
Debtors.
A full-text copy of the Disclosure Statement dated March 10, 2025
is available at https://urlcurt.com/u?l=fxReNR from Stretto, Inc.,
claims, noticing and solicitation agent.
About MLN US Holdco
MLN US Holdco and its affiliates are a global provider of business
telecommunication solutions, offering on-premise, cloud, and hybrid
services to help organizations of all sizes connect and collaborate
reliably. They have expanded their capabilities and offerings
through strategic acquisitions and partnerships, enhancing its
portfolio of software, hardware, and services. They serve a wide
range of industries, delivering flexible solutions to meet the
needs of diverse customers worldwide.
MLN US Holdco, LLC and its affiliates filed their Chapter 11
petitions (Bankr. S.D. Tex. Lead Case No. 25-90090) on March 9,
2025, listing up to $10 billion in both consolidated assets and
liabilities. Janine Yetter, authorized signatory, signed the
petitions.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Porter Hedges LLP and Paul, Weiss, Rifkind,
Wharton & Garrison LLP as counsel; Goodmans LLP as Canadian
counsel; PJT Partners LP as investment banker and financial
advisor; FTI Consulting, Inc. as restructuring advisor; and KPMG
LLP as tax consultant. Stretto, Inc. is the Debtors' claims,
noticing and solicitation agent.
MOBIVITY HOLDINGS: Raises $2M Via Convertible Note Offering
-----------------------------------------------------------
Mobivity Holdings Corp. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
entered into a convertible promissory note purchase agreement with
four accredited investors, including Thomas B. Akin, a member of
the Company's Board of Directors, and Bruce E. Terker, an owner of
5% or more of the outstanding shares of the Company's common stock,
$0.001 par value, who each participated on the same terms as the
other accredited investors.
Pursuant to the Agreement, the Company received $2.0 million in
proceeds and issued unsecured convertible promissory notes in the
aggregate principal amount of $2.0 million. The Convertible Notes
were issued as part of a convertible note offering authorized by
the Company's board of directors to raise up to $3.0 million from
the issuance of Convertible Notes. Messrs. Akin and Terker invested
$75,000 and $1.5 million, respectively, in the Offering. The
Company will use the proceeds from the sale of the Convertible
Notes to continue to ramp up growth of Connected Rewards and for
working capital for general corporate purposes.
The Convertible Notes have a stated maturity date of December 30,
2027, bear interest at a simple rate equal to 15% per annum until
conversion, and automatically convert into the same equity
securities issued for cash in the Qualified Financing, or at the
option of the Investors, into the same equity securities issued for
cash in a Corporate Transaction, each as described below. Interest
on the Convertible Notes will be accreted and added to the unpaid
principal balance prior to conversion.
The Convertible Notes will convert into the same equity securities
offered in the Qualified Financing, at a conversion price equal to
the volume-weighted average price of the Common Stock quoted on the
OTCQB® Venture Market operated by OTC Markets Group Inc. over the
90 trading days immediately preceding such date. Under the
Convertible Note, a "Qualified Financing" means the first
transaction or series of related transactions in which the
Company:
(i) sells any of its equity securities,
(ii) receives a cash infusion related to the negotiation of, or
entering into, a strategic partnership,
(iii) on or before the maturity of the Convertible Notes and
(iv) with gross proceeds to the Company of at least $ $4,500,000
(excluding the amount attributable to the conversion of the
Convertible Notes).
In addition, in the event of a Corporate Transaction, as described
below, the Investor may elect either:
(i) a cash payment equal to the outstanding principal and
accrued but unpaid interest under the Convertible Notes or
(ii) convert the Convertible Notes into shares of the Company's
Common Stock at the Conversion Price.
A "Corporate Transaction" means:
(1) the closing of the sale, transfer or other disposition, in
a single transaction or series of related transactions, of all or
substantially all of the Company's assets;
(2) the consummation of a merger or consolidation of the
Company with or into another entity, subject to certain customary
exceptions; or
(3) the closing of the transfer (whether by merger,
consolidation or otherwise), in a single transaction or series of
related transactions, to a "person" or "group" (within the meaning
of Section 13(d) and Section 14(d) of the Securities Exchange Act
of 1934, as amended) of the Company's capital stock if, after such
closing, such person or group would become the "beneficial owner"
(as defined in Rule 13d-3 under the Exchange Act) of more than 50%
of the outstanding voting securities of the Company (or the
surviving or acquiring entity).
The issuance and sale of the Convertible Notes and Conversion
Shares has not been, and will not upon issuance be, registered
under the Securities Act, and the Securities may not be offered or
sold in the United States absent registration under or exemption
from the Securities Act and any applicable state securities laws.
The Securities were issued and sold in reliance upon an exemption
from registration afforded by Section 4(a)(2) of the Securities Act
and Rule 506 of Regulation D promulgated under the Securities Act,
based on the following facts: each of the Investors has represented
that it is an accredited investor as defined in Rule 501(a)
promulgated under the Securities Act, that it is acquiring the
Securities for investment only and not with a view towards, or for
resale in connection with, the public sale or distribution thereof
in violation of applicable securities laws and that it has
sufficient investment experience to evaluate the risks of the
investment; the Company used no advertising or general solicitation
in connection with the issuance and sale of the Securities to the
Investors; and, the Securities will be issued as restricted
securities.
The Company did not engage any underwriter or placement agent in
connection with the Convertible Notes Offering.
About Mobivity
Headquartered in Chandler, Arizona, Mobivity Holdings Corp. --
www.mobivity.com -- is in the business of developing and operating
proprietary platforms through which brands and enterprises can
conduct national and localized, data-driven marketing campaigns.
The company's core technology platform, RecurrencyTM, enables: (1)
transformation of messy point-of-sale (POS) data collected from
thousands of points of sale into usable intelligence, (2)
measurement, prediction, and ability to boost guest frequency and
spend by channel, (3) deployment and management of one-time use
offer codes and attribution of sales accurately across every
channel, promotion and media program, and (4) delivery of uniquely
attributable 1:1 offers that power incentivized actions in digital
environments like user acquisition, continued monetization, and
activities taken in a digital environment.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2012, issued a "going concern" qualification in its report
dated April 16, 2024, citing that the Company has suffered net
losses from operations and has a net capital deficiency, which
raises substantial doubt about its ability to continue as a going
concern.
As of Sept. 30, 2024, Mobivity Holdings had $2.07 million in total
assets, $16.75 million in total liabilities, and a total
stockholders' deficit of $14.68 million.
MOG PROPERTIES: Seeks to Hire Villa & White as Bankruptcy Counsel
-----------------------------------------------------------------
MOG Properties LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Texas to employ Villa & White LLP as
counsel.
The firm will render these services:
(a) assist and advise the Debtor relative to its operations
and to the overall administration of this Chapter 11 case;
(b) represent the Debtor at hearings to be held before this
court and communicate with its creditors regarding the matters
heard and the issues raised, as well as the decisions and
considerations of this court;
(c) prepare, review, and analyze legal documents filed and to
be filed with this court by the Debtor or other interested parties
in this Chapter 11 case; advise the Debtor as to the necessity,
propriety and impact of the foregoing upon this case; and consent
or object to pleadings or orders on its behalf;
(d) assist the Debtor in preparing such legal papers as may be
required in support of its positions taken, as well as preparing
witnesses and reviewing documents relevant thereto;
(e) coordinate the receipt and dissemination of in formation
prepared by and received from the Debtor and its accountants, and
other retained professionals, as well as such information as may be
received from accountants or other professionals engaged by any
official committee;
(f) confer with the professionals as may be selected and
employed by any official committee;
(g) assist and counsel the Debtor in its negotiations with
creditors, or court-appointed representatives or interested third
parties concerning the terms, conditions, and import of a plan of
reorganization and disclosure statement to be proposed and filed by
the Debtor;
(h) assist the Debtor with such services as may contribute or
are related to the confirmation of a plan of reorganization in this
Chapter 11 case;
(i) assist and advise the Debtor in its discussions and
negotiations with others regarding the terms, conditions, and
security for credit, if any, during this Chapter 11 case;
(j) conduct such examination of witnesses as may be necessary
in order to analyze and determine, among other things, the Debtor's
assets and financial condition, whether it has made any avoidable
transfers of its property, and whether causes of action exist on
behalf of its estate; and
(k) assist the Debtor generally in performing such other
services as may be desirable or required pursuant to Sec. 1107 of
the Bankruptcy Code.
Morris E. "Trey" White III, Esq., the primary attorney in this
representation, will be paid at his hourly rate of $400 plus
expenses incurred.
Mr. White disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Morris E. "Trey" White III, Esq.
Villa & White LLP
100 NE Loop 410, Ste. 615
San Antonio, TX 78216
Telephone: (210) 225-4500
Facsimile: (210) 212-4649
Email: treywhite@villawhite.com
About MOG Properties
MOG Properties, LLC operates an outside bar venue in New Braunfels,
Texas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-50369) on February
28, 2025, the Debtor disclosed up to $50,000 in assets and up to
$500,000 in liabilities.
Judge Michael M. Parker oversees the case.
Morris E. White, III, Esq., at Villa & White LLP represents the
Debtor as counsel.
NABORS INDUSTRIES: Varde Entities Report 13.98% Stake
-----------------------------------------------------
Varde Investment Partners (Offshore) Master, L.P., Varde Credit
Partners Master, L.P., Varde Investment Partners, L.P., The Varde
Skyway Master Fund, L.P., Varde Partners, Inc., and Bradley Bauer
disclosed in a Schedule 13G filed with the U.S. Securities and
Exchange Commission that as of March 11, 2025, they beneficially
owned an aggregate of 2,013,928 common shares of Nabors Industries
Ltd., representing 13.98% of the 14,403,654 common shares
outstanding as of that date.
Varde Partners may be reached through:
Varde Partners, Inc.
350 N Fifth Street
Suite 800, Minneapolis, MN 55401
Tel: 952-374-6998
About Nabors
Bermuda-based Nabors Industries Ltd. (NYSE: NBR) owns and operates
land-based drilling rig fleets and provides offshore platform rigs
in the United States and several international markets. Nabors also
provides directional drilling services, tubular services,
performance software, and innovative technologies for its own rig
fleet and those of third parties.
Nabors Industries reported a net loss of $11.8 million for the year
ended December 31, 2023, a net loss of $307.22 million in 2022, a
net loss $543.69 million in 2021, a net loss of $762.85 million in
2020, a net loss of $680.51 million in 2019, a net loss of $612.73
million in 2018, and a net loss of $540.63 million in 2017. As of
March 31, 2024, the Company had $4.64 billion in total assets,
$3.37 billion in total liabilities, and $522.82 million in total
stockholders' equity.
* * *
In August 2024, Fitch Ratings has assigned a 'CCC'/'RR6' rating
to Nabors Industries, Inc.'s proposed senior guaranteed notes (PGN)
due 2031. Nabors plans to utilize the proceeds from these notes to
refinance the 7.25% PGN due 2026 held at Nabors Industries, Ltd.
(Bermuda) and for general corporate purposes. The proposed notes
will rank pari passu with Bermuda's existing PGN due 2026 and PGN
due 2028.
Nabors' existing 'B-' Long-Term Company Default Rating and Stable
Outlook reflect the softening U.S. drilling environment since the
beginning of 2023, alongside a steadily growing international
segment. Fitch's credit profile assessment is supported by the
expectation that free cash flow (FCF) will be directed toward gross
debt reduction, as well as the company's proactive management of
its maturity profile and its adequate liquidity.
However, these positive factors are partially offset by the
company's large note maturities starting in 2027, which Fitch
anticipates will likely require partial refinancing through capital
markets. Additionally, potential declines in rig activity and day
rates could negatively impact cash flow and restrict FCF and
near-term gross debt reduction. The company's complex capital
structure, combined with the current high-interest rate
environment, could also limit refinancing options and increase
interest expenses.
In March 2024, S&P Global Ratings revised its outlook to stable
from positive and affirmed its 'B-' Company credit rating on Nabors
Industries Ltd. At the same time, S&P affirmed its 'B-' issue-level
rating on the company's senior priority guaranteed notes, with a
recovery rating of '3,' and a 'CCC' issue-level rating on the
company's priority guaranteed notes, with a recovery rating of '6.'
The stable outlook reflects S&P's expectation for the company's
operating performance, industry fundamentals, near-term debt
maturity profile, and credit metrics to remain appropriate for the
'B-' Company credit rating. The outlook revision reflects S&P's
expectation of reduced free cash flow generation and lower than
anticipated debt reduction.
In July 2024, S&P Global Ratings assigned its 'CCC' issue-level
rating and '6' recovery rating to Nabors Industries Ltd.'s proposed
$550 million senior guaranteed notes due 2031. The company's
subsidiary, Nabors Industries Inc., will issue the notes. The '6'
recovery rating indicates S&P's expectation of negligible (0%-10%;
rounded estimate: 0%) recovery of principal by creditors in the
event of a payment default.
NEDDY LLC: Seeks to Hire PS Business Consulting as Accountant
-------------------------------------------------------------
Neddy, LLC, doing business as Fortress Asphalt, seeks approval from
the U.S. Bankruptcy Court for the District of Arizona to employ PS
Business Consulting, LLC as accountant.
The firm will provide the Debtor with all necessary and agreed upon
accounting services during the pendency of its bankruptcy case.
Pamela Singleton, a member at PS Business Consulting, will be paid
at her standard hourly rate of $185 for tax related services and
$150 per hour for all other accounting services.
Ms. Singleton disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Pamela Singleton
PS Business Consulting, LLC
About Neddy LLC
Neddy LLC, operating as Fortress Asphalt, is a construction company
based in Peoria, Ariz.
Neddy filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-01459) on February 22,
2025, listing between $500,000 and $1 million in assets and between
$1 million and $10 million in liabilities.
Judge Brenda K. Martin handles the case.
The Debtor tapped Alan A. Meda, Esq., at Burch & Cracchiolo, PA as
counsel and PS Business Consulting, LLC as accountant.
NEW BEGINNINGS: Seeks to Hire Silverman Law as Bankruptcy Counsel
-----------------------------------------------------------------
New Beginnings Fresh Start LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of New York to employ
Silverman Law PLLC as counsel.
The firm will render these services:
(a) advise the Debtor of its rights, powers, and duties in
continuing to operate and manage its assets and business;
(b) prepare on the Debtor's behalf all necessary and
appropriate legal documents to be filed in its Chapter 11 case;
(c) advise the Debtor concerning, and prepare responses to,
legal documents which may be filed in its Chapter 11 case;
(d) advise the Debtor concerning the actions it might take to
collect and recover property for the benefit of its estate;
(e) negotiate with creditors in connection with claims and
Chapter 11 plan;
(f) review and object to claims; and
(g) perform all other legal services for and on behalf of the
Debtor which may be necessary or appropriate in the administration
of its Chapter 11 case and fulfillment of its duties.
The hourly rates of the firm's counsel and staff are as follows:
Brett S. Silverman, Esq. $500
Paraprofessionals $90
In addition, the firm will seek reimbursement for expenses
incurred.
Brett Silverman, Esq., a managing member at Silverman Law,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Brett Silverman, Esq.
Silverman Law PLLC
Terry Terrace
Livingston, NJ 07039
About New Beginnings Fresh Start
New Beginnings Fresh Start LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-70720) on
February 24, 2025, listing up to $10 million in both assets and
liabilities.
Judge Louis A. Scarcella oversees the case.
Brett Silverman, Esq., at Silverman Law PLLC serves as the Debtor's
counsel.
NEW LEDA: Seeks to Hire Amann Burnett PLLC as Bankruptcy Counsel
----------------------------------------------------------------
New Leda Lanes, Inc. seeks approval from the U.S. Bankruptcy Court
for the District of New Hampshire to employ Amann Burnett, PLLC as
counsel.
The firm will provide these services:
(a) advising the Debtor with respect to its powers and duties in
the continued management and operation of its businesses and
properties;
(b) advising and assisting in formulating and filing First-Day
Motions such as cash collateral, Monthly Operating Reports,
determining and paying UST Quarterly Fees, opening a DIP bank
account, reviewing the UST Region One (1) Operating Guidelines,
providing insurance information, preparing and attending the
Initial Debtor Interview;
(c) attending meetings and negotiating with representatives of
creditors and other parties in interest, responding to creditor
inquiries, and advising and consulting on the conduct of the case;
(d) negotiating and preparing on behalf of the Debtor a Plan or
Plans of reorganization and all related documents and prosecuting
the Plan or Plans through the confirmation process;
(e) representing the Debtor in connection with any adversary
proceedings or automatic stay litigation that may be commenced in
the proceedings and any other action necessary to protect and
preserve the Debtor's estates;
(f) advising the Debtor in connection with any sale, use or
lease of assets;
(g) representing and advising the Debtor regarding
post-confirmation operations and consummation of a Plan, Decree of
reorganization;
(h) appearing before this court, any appellate courts, and
administrative hearings conducted by the Office of the United
States Trustee and protecting the interests of the Debtor and the
estate before such courts and the United States Trustee;
(i) preparing necessary legal papers necessary to the
administration of the estate; and
j. performing all other legal services for and providing all
other legal advice to the Debtor that may be necessary and proper
in these proceedings.
The firm will be paid at the rate of $325 per hour for William
Amann, Esq., attorney, and $175 per hour for paralegal.
Mr. Amann disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
William J. Amann, Esq.
Amann Burnett, PLLC
757 Chestnut Street
Manchester, NH 03104
Telephone: (603) 696-5401
Email: wamann@amburlaw.com
About New Leda Lanes
New Leda Lanes Inc., doing business as Leda Lanes, Kegler's Den,
and Leda's Light House, is a family-owned candlepin bowling center
located at 340 Amherst Street, Nashua, N.H. It is also known for
hosting local tournaments and supporting the Special Olympics New
Hampshire's State Bowling Tournament.
New Leda Lanes sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.H. Case No. 25-10129) on March 3, 2025.
In its petition, the Debtor reported between $100,000 and $500,000
in assets and between $1 million and $10 million in liabilities.
The Debtor is represented by William J. Amann, Esq., at Amann
Burnett PLLC.
NINETY-FIVE MADISON: Court Awards Broker $950,000 in Fees
---------------------------------------------------------
The Honorable David S. Jones of the United States Bankruptcy Court
for the Southern District of New York granted Branton Realty
Services LLC, Ninety-Five Madison Company, L.P.'s broker,
administrative expense fee application in the amount of $950,000
plus reimbursement of its expenses plus reasonable legal fees and
disbursements incurred in enforcing the retention agreement.
Before the Court is a motion seeking an order requiring payment of
a commission to a commercial real estate broker that the debtor's
estate had retained to market the debtor's sole asset, a
substantial commercial building in a desirable Manhattan location.
The reorganized debtor retained the broker on what the Court
concludes was an exclusive right to sell basis. Branton intensively
marketed the property for more than a year while enduring
impediments including indecision and at times a lack of cooperation
from individuals associated with the Debtor. Branton's retention
agreement required Debtor to "refer" "all inquiries" to Branton.
The agreement entitled Branton to a commission on any sale during
the exclusivity period or on any sale during the year that followed
to a purchaser to whom Branton had shown the property during the
exclusivity period.
As the exclusivity period waned, Debtor's principal most engaged in
the sale process personally received an inquiry from a buyer's
broker regarding a motivated and highly interested purchaser, but
Debtor did not refer the inquiry to Branton, assertedly justified
by the view that the buyer's broker did not wish to deal with
Branton. Before the December 31, 2023 expiration of Branton's
exclusivity period, the Debtor received a concrete request for a
showing of the property to the interested buyer, and, again, Debtor
did not refer that request to Branton. Rather, Debtor agreed,
within the exclusivity period, to show the property to that
interested party shortly after the exclusivity period ended. That
showing occurred on January 2, 2024 and that interested party
ultimately bought the building even as another would-be buyer
located by Branton made a substantial offer.
Branton contends that Debtor violated its contractual obligation to
refer all inquiries, arguing this breach entitles Branton to a
commission on account of the sale even though Branton never showed
the property to the eventual buyer. The Debtor contends that it
owes Branton nothing because the buyer neither purchased the
property during the term of the brokerage agreement nor appeared on
Branton's list of protected prospects who toured the property
during the term, which the contract defined as the universe of
buyers who would trigger Debtor's obligation to pay a commission. A
party that holds an interest in the Debtor, the Estate of Lois
Weinstein, also put forth an objection that makes arguments similar
to those of the Debtor.
The Court concludes that the Debtor breached its obligations under
the agreement, and that that breach entitles Branton to contractual
damages. New York law establishes that a broker
retained on an exclusive right to sell basis is entitled to its
commission not only when the broker's client closes a transaction
covered by the brokerage agreement during the exclusivity period,
but also, if the broker's client breaches a requirement to refer
inquiries to the broker during the exclusivity period, when that
broker's client executes a sale outside the exclusivity period to a
prospect the client failed to refer to the broker and the broker
would have brought about a substantially similar sale but for the
client's breach.
Accordingly, Branton's motion is granted, and the Court overrules
all objections to it.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=iuRrnM from PacerMonitor.com.
Counsel for the Reorganized Debtor:
Andrew K. Glenn, Esq.
Shai Schmidt, Esq.
Richard C. Ramirez, Esq.
Naznen Rahman, Esq.
GLENN AGRE BERGMAN & FUENTES LLP
1185 Avenue of the Americas, 22nd Floor
New York, NY 10036
E-mail: aglenn@glennagre.com
sschmidt@glennagre.com
rramirez@glennagre.com
Counsel to Branton Realty Services LLC:
Bijan Amini, Esq.
Jordan Reisch, Esq.
AMINI LLC
131 West 35th Street, 12th Floor
New York, NY 10001
E-mail: bamini@aminillc.com
Jreisch@aminillc.com
- and -
Joshua Stein, Esq.
JOSHUA STEIN PLLC
110 West 57th Street, 4th Floor
New York, NY 10019
E-mail:
Counsel to the Estate of Lois M. Weinstein:
Jeffrey A. Barr, Esq.
LAW OFFICES OF JEFFREY A. BARR
211 Duke Ellington Blvd., Suite 7A
New York, NY 10025
About Ninety-Five Madison Company
Ninety-Five Madison Company, L.P., filed its voluntary petition for
Chapter 11 protection (Bankr. S.D.N.Y. Case No. 21-10529) on May
22, 2021, listing up to $100 million in assets and up to $10
million in liabilities.
Judge Sean H. Lane oversees the case.
The Debtor tapped Glenn Agre Bergman & Fuentes, LLP as bankruptcy
counsel. Rosenberg & Estis, P.C., Quinn McCabe, LLP and Moss &
Moss, LLP serve as the Debtor's special counsels.
The Debtor filed its proposed Chapter 11 plan of reorganization on
Sept. 12, 2021, which provides for payment in full of its
creditors.
NITRO DOWNHOLE: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: Nitro Downhole, LLC
117 Broadway
Nordheim, TX 78141
Business Description: Nitro Downhole, LLC is an oil field services
company based in Nordheim, Texas,
specializing in construction, repair, and
dismantling services for the oil and gas
industry. Established in 2010, the Company
supports energy extraction operations.
Chapter 11 Petition Date: April 4, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Case No.: 25-60027
Judge: Hon. Christopher M Lopez
Debtor's Counsel: Joshua N. Eppich, Esq.
BONDS ELLIS EPPICH SCHAFER JONES LLP
420 Throckmorton Street, Suite 1000
Forth Worth, TX 76102
Tel: 817-405-6900
Fax: 817-405-6902
E-mail: Joshua@bondsellis.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Bobby Lee Koricanek as authorized
person.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7HYPWRY/NITRO_DOWNHOLE_LLC__txsbke-25-60027__0001.0.pdf?mcid=tGE4TAMA
NORTHPOINT DEVELOPMENT: Gets Extension to Access Cash Collateral
----------------------------------------------------------------
Northpoint Development Holdings, LLC received another extension
from the U.S. Bankruptcy Court for the Northern District of
Illinois, Eastern Division, to use cash collateral to pay its
operating expenses.
The seventh interim order authorized the company to use cash
collateral until May 1 as outlined in its projected budget, with a
10% variance. Any further usage of cash collateral beyond May 1
requires further court approval.
The budget shows projected total operating expenses of $27344.55.
The First National Bank of Ottawa, a secured creditor, was granted
post-petition replacement liens on the company's collateral,
including cash collateral, to protect its interest.
A continued hearing is set for April 23.
First National Bank of Ottawa is represented by:
Cindy M. Johnson, Esq.
Johnson Legal Group, LLC
140 S. Dearborn St., Ste. 1510
Chicago, IL 60603
Tel: 312-345-1306
Email: Cjohnson@jnlegal.net
About Northpoint Development Holdings
Northpoint Development Holdings, LLC is a Single Asset Real Estate
debtor (as defined in 11 U.S.C. Section 101(51B)). It is the fee
simple owner of real property located at 1800 North Bloomington
St., Streator, Ill., valued at $6.8 million.
Northpoint filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
24-13265) on September 9, 2024, with total assets of $6,800,000 and
total liabilities of $5,176,241. Keith Weinstein, manager of
Greystone Develpment Holdings, LLC, signed the petition.
Judge Deborah L. Thorne oversees the case.
The Debtor is represented by:
Gregory K Stern
Gregory K. Stern, P.C.
Tel: 312-427-1558
Email: greg@gregstern.com
NOVA LIFESTYLE: Sells 500,000 Shares for $200K in Private Placement
-------------------------------------------------------------------
Nova LifeStyle, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company entered
into a securities purchase agreement with certain purchaser,
pursuant to which the Company agreed to sell to the purchaser in a
private placement 500,000 shares of the Company's common stock, par
value $0.001 per share, at a purchase price of $0.40 per share for
an aggregate price of $200,000.
The private placement will be completed pursuant to the exemption
from registration provided by Regulation S promulgated under the
Securities Act of 1933, as amended.
About Nova Lifestyle
Headquartered in Commerce, Calif., Nova LifeStyle, Inc. is a
distributor of contemporary styled residential and commercial
furniture incorporated into a dynamic marketing and sales platform
offering retail as well as online selection and global purchase
fulfillment. The Company monitors popular trends and products to
create design elements that are then integrated into the Company's
product lines that can be used as both stand-alone or whole room
and home furnishing solutions. Through its global network of
retailers, e-commerce platforms, stagers, and hospitality
providers, Nova LifeStyle also sells (through an exclusive
third-party manufacturing partner) a managed variety of
high-quality bedding foundation components.
San Mateo, Calif.-based WWC, P.C., the Company's auditor since
2022, issued a "going concern" qualification in its report dated
April 12, 2024, citing that the Company incurred net losses of
$7.72 million and $17.10 million for the years ended Dec. 31, 2023
and 2022, and the accumulated deficit increased from $36.71 million
to $44.43 million from 2022 to 2023. These factors raise
substantial doubt about the Company's ability to continue as a
going concern.
As of June 30, 2024, Nova LifeStyle had $5,803,647 in total assets,
$5,755,439 in total liabilities, and $48,208 in total stockholders'
equity.
NP ELEVATE: Hires Bensamochan Law Firm as Bankruptcy Counsel
------------------------------------------------------------
NP Elevate Pocatello LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire Bensamochan
Law Firm as general bankruptcy counsel.
The firm will provide these services:
a. advise the Debtor regarding matters of bankruptcy law and
concerning the requirements of the Bankruptcy Code, and Bankruptcy
Rules relating to the administration of this case, and the
operation of the Debtor's estate as a debtor in possession;
b. represent the Debtor in proceedings and hearings in the
court involving matters of bankruptcy law;
c. assistance in compliance with the requirements of the
Office of the United States trustee;
d. provide the Debtor legal advice and assistance with respect
to the Debtor's powers and duties in the continued operation of the
Debtor's business and management of property of the estate;
e. assist the Debtor in the administration of the estate's
assets and liabilities;
f. prepare necessary applications, answers, motions, orders,
reports and/or other legal documents on behalf of the Debtor;
g. assist in the collection of all accounts receivable and
other claims that the Debtor may have and resolve claims against
the Debtor's estate;
h. provide advice, as counsel, concerning the claims of
secured and unsecured creditors, prosecution and/or defense of all
actions;
i. prepare, negotiate, prosecute and attain confirmation of a
plan of reorganization.
The firm will be paid at these rates:
Eric Bensamochan Esq. $525 per hour
Kerry Moynihan $375 per hour
Karina Arita $95 per hour
Paulina Buitron $120 per hour
Daniel Phelan $120 per hour
The firm received a retainer in the amount of $17,500.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Eric Bensamochan, Esq., a partner at The Bensamochan Law Firm Inc.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Eric Bensamochan, Esq.
The Bensamochan Law Firm Inc
2566 Overland Ave. Suite 650
Los Angeles, CA 90064
Tel: (818) 574-5740
Fax: (818) 961-0138
Email: eric@eblawfirm.us
About NP Elevate Pocatello LLC
NP Elevate Pocatello LLC is a single asset real estate debtor, as
defined in 11 U.S.C. Section 101(51B).
NP Elevate Pocatello LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No.: 25-10394) on February
18, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Scott C. Clarkson handles the case.
Eric Bensamochan, Esq. at THE BENSAMOCHAN LAW FIRM, INC. represents
the Debtor as counsel.
NXT ENERGY: Sets June 2 for Annual and Special Meeting
------------------------------------------------------
Computershare, an Agent for NXT Energy Solutions Inc., disclosed in
a letter attached to Form 6-K filed with the U.S. Securities and
Exchange Commission that it is advising all Canadian Securities
Regulatory Authorities of the following with respect to the
upcoming Meeting of Security Holders for NXT Energy:
Meeting Details:
* Meeting Type: Annual and Special Meeting
* Record Date for Notice of Meeting: April 14, 2025
* Record Date for Voting (if applicable): April 14, 2025
* Beneficial Ownership Determination Date: April 14, 2025
* Meeting Date: June 2, 2025
* Meeting Location (if available): Calgary, AB
Proxy and Delivery Information:
* Issuer sending proxy-related materials directly to NOBO:
Yes
* Issuer paying for delivery to OBO: Yes
Notice and Access (NAA) Requirements:
* NAA for Beneficial Holders: Yes
* Beneficial Holders Stratification Criteria: Not Applicable
* NAA for Registered Holders: Yes
* Registered Holders Stratification Criteria: Not Applicable
Voting Security Details:
Description CUSIP Number ISIN
COMMON SHARES 62948Q107 CA62948Q1072
About NXT Energy
NXT Energy Solutions Inc. is a Calgary-based technology company
whose proprietary SFD survey system utilizes quantum-scale sensors
to detect gravity field perturbations in an airborne survey method.
This system can be used both onshore and offshore to remotely
identify areas with exploration potential for traps and reservoirs.
The SFD survey system enables the Company's clients to focus their
hydrocarbon exploration decisions concerning land commitments, data
acquisition expenditures, and prospect prioritization on areas with
the greatest potential. SFD is environmentally friendly and
unaffected by ground security issues or difficult terrain and is
the registered trademark of NXT Energy Solutions Inc. NXT Energy
Solutions provides its clients with an effective and reliable
method to reduce time, costs, and risks related to exploration.
Calgary, Canada-based MNP LLP, the Company's auditor since 2023,
issued a "going concern" qualification in its report dated March
27, 2024, citing that the Company's current cash position is not
expected to be sufficient to meet the Company's obligations and
planned operations for a year beyond the date of the auditor's
report, unless additional financing is obtained or new revenue
contracts are completed. This raises substantial doubt about the
Company's ability to continue as a going concern.
O'BRIENS RENT-ALL: U.S. Trustee Unable to Appoint Committee
-----------------------------------------------------------
The U.S. Trustee for Region 4 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 cases of O'Brien's Rent-All & Sales, Inc. and O'Brien's
Mining & Construction Services.
About O'Brien's Rent-All & Sales
O'Brien's Rent-All & Sales, Inc. operates a construction business
in West Virginia and Pennsylvania.
O'Brien's and its affiliate, O'Brien's Mining & Construction
Services, filed Chapter 11 petitions (Bankr. N.D. W.V. Lead Case
No. 25-00077) on February 24, 2025. At the time of the filing,
O'Brien's reported up to $10 million in both assets and liabilities
while O'Brien's Mining & Construction Services reported up to
$50,000 in assets and between $1 million and $10 million in
liabilities.
Judge David L. Bissett oversees the cases.
Kelly Gene Kotur, Esq., at Davis & Kotur Law Office Co. LPA,
represents the Debtors as legal counsel.
MMG Investments V, as lender, is represented by:
Kelly M. Neal, Esq.
Buchanan Ingersoll & Rooney, LLP
Union Trust Building
501 Grant Street, Suite 200
Pittsburgh, PA 15219-1410
Telephone: (412) 562-8800
Facsimile: (412) 562-1041
Email: kelly.neal@bipc.com
OKR GOVERNANCE: To Restructure Under CCAA Proceedings
-----------------------------------------------------
OKR Governance Co. Inc. and its affiliates sought and obtained an
Initial Order of the Court of King's Bench of Alberta ("Court")
pursuant to the Companies' Creditors Arrangement Act ("CCAA").
PricewaterhouseCoopers Inc. LIT was appointed as the Monitor.
The initial order, updates to the status of the proceedings, and
other documents filed in Court in the CCAA Proceedings, can be
accessed at the Monitor's website:
https://www.pwc.com/ca/okr-group.
Interested parties are encourage to check the Website frequently
for the the updates as to the status of the proceedings. For
further information, you may also contact the Monitor at:
PricewaterhouseCoopers Inc. LIT
Attn: Selena Chiang
1400-250 Howe Street
Vancouver, BC V6C 3S7
Email: ca_okr_group@pwc.com
Tel: (6044) 806-7056
Monitor can also be reached at:
PricewaterhouseCoopers Inc. LIT
250 Howe Street, Suite 1400
Vancouver, BC V6C 3S7
Clare Wheldon
Email: claire.wheldon@pwc.com
Michelle Grant
Email: michelle.grant@pwc.com
Krian.Chahal
Email: kiran.k.chahal@pwc.com
Morag Cooper
Email: morag.c.cooper@pwc.com
Bianca Trottier
bianca.t.trottier@pwc.com
Counsel to the Monitor:
Cassels Brock & Blackwell LLP
Suite 3810, Bankers Hall West
888 3rd Street SW
Calgary, AB T2P 5C5
Jeffrey Oliver
Email: joliver@cassels.com
Danielle Marechal
Email: dmarechal@cassels.com
Counsel to the Companies:
Lawson Lundell LLP
Suite 1100 Brookfield Place
225 - 6th Avenue S.W.
Calgary, Alberta T2P 1N2
1600 - 925 West Georgia Street
Vancouver, BC V6C 3L2
William L. Roberts
Email: wroberts@lawsonlundell.com
Alexis Teasdale
Email: ateasdale@lawsundell.com
Angad Bedi
Email: abedi@lawsonlundell.com
Candace Formosa
Email: cformosa@lawsundell.com
Eloise Hirst
Email: ehirst@lundells.com
OKR Governance Co. Inc. operates consulting & research company
specializing in Strategy, Agile Performance Management, OKRs
Certification and OKRs Implementation.
OLIVIA J STUDIOS: Updates Restructuring Plan Disclosures
--------------------------------------------------------
Olivia J Studios LLC submitted a First Amended Plan of
Reorganization dated March 7, 2025.
This Plan is a plan of reorganization. In other words, Debtor seeks
to make payments under the Plan to holders of allowed claims. The
timing of payments to particular creditor groups will depend upon
their classification under the Plan.
For the three years leading up to the bankruptcy filing, Debtor's
primary focus was on building fan clubs for celebrities. While fan
clubs were effective in engaging fans and generating revenue splits
with the celebrities, which made scaling financially unsustainable.
This issue was compounded by heavy investments in advertising
spending to grow fan clubs, which drained cash flow without
yielding significant returns.
Like in the prior iteration of the Plan, the Debtor estimates that
Class 3 general unsecured debt totals $111,470.74. Class 3 will be
paid $800.00 per month over sixty months with the total amount of
$48,000.00 to be distributed to this class. Debtor's projected
disposable income for the 60 months after the effective date of the
plan projects that these payments are feasible. Payments to Class 3
will not commence until administrative claims have been paid in
full. Class 3 creditors shall receive a pro rata distribution from
each monthly disbursement.
Stripe Capital was listed in Debtor's schedules as a creditor with
an undisputed claim of $25,284.80. Stripe Capital did not file a
Proof of Claim in this case. Stripe Capital issued a 1099-C on
December 5, 2024 and, therefore, Debtor will not be including
Stripe Capital as a creditor in Class 3 entitled to a pro rata
distribution. Class 3 is impaired.
The Plan will be funded from Debtor's continued operations.
A full-text copy of the First Amended Plan dated March 7, 2025 is
available at https://urlcurt.com/u?l=1VmUMJ from PacerMonitor.com
at no charge.
Proposed Attorney for the Debtor:
Thomas B. Ure, Esq.
Ure Law Firm
8280 Florence Avenue, Suite 200
Downey, CA 90240
Tel: (213) 202-6070
Fax: (213) 202-6075
Email: tom@urelawfirm.com
About Olivia J Studios
Olivia J Studios, LLC, runs a fan club called Fanward.
The Debtor filed a Chapter 11 bankruptcy petition (Bankr. C.D. Cal.
Case No. 24-11956) on Nov. 22, 2024. In the petition filed by
David Blair, managing member, the Debtor disclosed up to $50,000 in
assets and up to $500,000 in liabilities.
Judge Victoria S. Kaufman oversees the case.
Thomas B. Ure, Esq., at Ure Law Firm, is the Debtor's legal
counsel.
ONLINE LEARNING: Gets OK to Hire Verdolino & Lowey as Accountant
----------------------------------------------------------------
Online Learning Consortium, Inc. received approval from the U.S.
Bankruptcy Court for the District of Massachusetts to hire
Verdolino & Lowey, PC as accountant.
The firm's services include:
a) assistance with review and analysis of the Debtor's
business and its operations;
b) assistance with preparation and/or review of cash flow and
related budget projections and including advising as to post-filing
financing;
c) assisting with regard to accounting and accounting system
matters;
d) assistance with records and record retention;
e) assistance with preparation/review/analysis of Monthly
Operating Reports going forward;
f) assistance with preparation and/or review of federal and
state income tax, payroll tax and sales and use tax returns.
g) assistance in reviewing, reconciling, analyzing and, if
necessary, objecting to proofs of claim;
h) assistance in reviewing Debtor books and records for
possible avoidable transactions such as preference and fraudulent
transfer claims including, but not limited to, under Bankruptcy
Code Sections 547 and 548;
i) assistance in valuation and insolvency analyses and other
litigation issues and, if necessary, expert report preparation and
testimony;
j) assistance with plan development and preparation including
feasibility;
k) assistance with liquidation analysis, budget and plan
projections;
l) assistance with employee benefit plan issues, including
401k plans; and
m) other matters as directed by the Debtor or the Court.
The firm will seek compensation based upon its normal and usual
billing rates and will seek reimbursement of expenses incurred on
behalf of the Debtor.
Matthew Flynn, principal at Verdolino & Lowey, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Matthew R. Flynn
Verdolino & Lowey PC
124 Washington St., Ste. 101
Foxboro, MA 02035
Telephone: (508) 543-1720
About Online Learning Consortium
Online Learning Consortium, Inc. sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 24-12569) on
December 20, 2024, with $500,001 to $1 million in both assets and
liabilities.
Jesse I. Redlener, Esq., at Ascendant Law Group, LLC represents the
Debtor as bankruptcy counsel.
ONONTIO LANDSCAPING: Updates Restructuring Plan Disclosures
-----------------------------------------------------------
Onontio Landscaping Inc., submitted an Amended Plan of
Reorganization for Small Business dated March 11, 2025.
The Debtor's major income source has traditionally been snow
removal in the winter. The last few winters saw less than average
snowfall. The 2023-2024 winter season was the worst season for many
years for snow removal income, and left Debtor with an inability to
continue paying its ongoing bills and debt payments.
The Debtor felt a need to file for reorganization as it faced
defaulted loans and threats of repossessions of critical
equipment.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income $4,450.00. The final Plan
payment is expected to be paid on May 1, 2030.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 10 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Like in the prior iteration of the Plan, unsecured creditors in
Class 3 will receive a total of $47,600.00 which will be
distributed pro rata to all allowed unsecured claims. Debtor will
pay a total of $793.33 per month to be distributed to unsecured
creditors pro rata. It is anticipated that this will yield
approximately 10 cents on the dollar of all unsecured allowed
claims.
The Plan will be implemented by the Debtor remitting payment to
creditors as provided for in Section 4.01 herein from the Debtor's
cash flow derived from income.
Upon 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 Interests 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.
A full-text copy of the Amended Plan dated March 11, 2025 is
available at https://urlcurt.com/u?l=yvAeoF from PacerMonitor.com
at no charge.
About Onontio Landscaping
Onontio Landscaping, Inc. is a landscaping and snow removal service
provider.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D.N.Y. Case No. 24-60824) with $100,001
to $500,000 in assets and $500,001 to $1 million in liabilities.
Judge Patrick G. Radel oversees the case.
The Debtor is represented by:
Peter Alan Orville
Orville & Mcdonald Law, PC
30 Riverside Dr.
Binghamton, NY 13905
Tel: 607-770-1007
Email: peteropc@gmail.com
OPTINOSE INC: Inks Merger Agreement With Paratek Pharmaceuticals
----------------------------------------------------------------
Paratek Pharmaceuticals and Optinose, Inc. announced that they have
entered into a definitive merger agreement under which Paratek will
acquire Optinose, including its approved product XHANCE®
(fluticasone propionate). The transaction value is up to $330
million with consideration payable to shareholders of up to $14 per
share, including the payment of contingent value rights (CVRs) tied
to future commercial milestones. This acquisition expands Paratek's
commercial portfolio beyond its flagship antibiotic, NUZYRA®
(omadacycline), and strengthens its position as a multi-product
company focused on innovative specialty therapies for primary care
providers and specialists, addressing important medical health
threats.
XHANCE is an innovative, drug-device combination product approved
for the treatment of CRS with or without nasal polyps. By optimally
targeting the site of inflammation with a proven corticosteroid
using its proprietary Exhalation Delivery SystemTM (EDS), XHANCE
addresses a significant unmet clinical need, improving CRS symptoms
with the potential to avoid and/or delay more invasive or expensive
treatment options. Originally approved in 2017 for CRS with nasal
polyps with a commercial focus on ear, nose, and throat (ENT) and
allergy specialists, the XHANCE label was broadened in 2024 to
include an additional indication for CRS without nasal polyps. This
approval expanded the potential addressable market ~10-fold, the
majority of which is treated by primary care providers.
Over the past 15 months, Paratek has significantly expanded its
primary care field force to have a national footprint. Paratek will
leverage its expanded commercial infrastructure along with existing
Optinose specialist sales expertise to accelerate awareness and
adoption of XHANCE among both ENT and allergy specialists and
primary care providers.
"With its recent label expansion, XHANCE is now the first and only
product approved for patients with CRS with or without nasal
polyps. The XHANCE indications represent overlapping call points
with NUZYRA, creating opportunities for Paratek to broaden reach
and awareness beyond specialists to primary care providers that
Paratek is uniquely suited to maximize. Importantly, the majority
of the primary care physicians Paratek calls on for NUZYRA and its
approved indications are also treating patients with CRS, offering
a key overlap in targets for our salesforce," said Evan Loh, MD,
Chief Executive Officer of Paratek. "This transaction creates a
stronger platform for future product acquisitions as we leverage
our capabilities and further expand our portfolio."
Ramy Mahmoud, MD, MPH, Chief Executive Officer of Optinose, said,
"We have long recognized the potential of XHANCE to transform how
CRS is treated. We have been exploring opportunities to make more
patients and doctors aware of XHANCE and the benefits it can offer
to patients suffering from this common condition. Paratek, with its
robust commercial and medical capabilities, has the potential to
rapidly extend awareness of XHANCE to primary care providers who
treat the majority of patients with CRS. We are excited about the
many ways in which this transaction creates opportunities for
XHANCE to help more patients achieve better symptom control while
creating near- and long-term value for Optinose's shareholders."
Under the terms of the agreement, Paratek will acquire all of
Optinose's outstanding shares for $9 per share in cash, plus up to
$5 per share in CVRs payable in the event that certain net revenue
milestones are achieved by XHANCE. Pursuant to the CVRs, Paratek
would pay $1 per share if XHANCE achieves $150M in net sales in any
calendar year prior to December 31, 2028, and $4 per share if
XHANCE achieves $225M in net sales in any calendar year prior to
December 31, 2029. The upfront consideration of $9 per share
represents a 50% premium to Optinose's closing trading price on
March 19, 2025.
The transaction will be financed with capital from Paratek,
B-FLEXION Life Sciences, and Novo Holdings, and debt financing from
funds managed by Oaktree Capital Management, L.P.
The Boards of both Paratek and Optinose have unanimously approved
the transaction. It is expected to close as early as mid-2025,
subject to customary closing conditions, including approval by
Optinose shareholders and receipt of required regulatory
clearances, if applicable. Upon completion, Optinose's common stock
will be delisted from the NASDAQ Global Market.
Advisors
Lazard acted as the exclusive financial advisor to Paratek
Pharmaceuticals, and Skadden, Arps, Slate, Meagher & Flom LLP is
serving as legal advisor. Evercore acted as the exclusive financial
advisor to Optinose, and Hogan Lovells is serving as legal
advisor.
Further information of the Company's report filed on Form 8-K with
the Securities and Exchange Commission is available at:
https://tinyurl.com/yta42set
About Paratek Pharmaceuticals, Inc.
Paratek Pharmaceuticals, Inc. is a privately held pharmaceutical
company providing innovative specialty therapies for community care
providers and specialists, addressing important medical and public
health threats. Paratek's lead product, NUZYRA (omadacycline), is a
once-daily oral and intravenous antibiotic indicated for adults
with community-acquired bacterial pneumonia (CABP) and acute
bacterial skin and skin structure infections (ABSSSI). Paratek
continues to diversify its portfolio to address unmet patient
needs. Paratek was acquired in 2023 by B-FLEXION and Novo Holdings.
For more information, visit www.ParatekPharma.com or follow us on
LinkedIn and X.
About OptiNose, Inc.
OptiNose, Inc. -- www.optinose.com -- is a specialty pharmaceutical
company based in Yardley, Pennsylvania, focused on developing and
commercializing products for patients treated by ear, nose and
throat (ENT) and allergy specialists. The Company's first product,
XHANCE (fluticasone propionate) nasal spray, utilizes its
proprietary Exhalation Delivery System (EDS) to treat chronic
rhinosinusitis, including cases with and without nasal polyps.
XHANCE delivers medication to deeper, hard-to-reach areas of the
nasal passages, offering a potential improvement over conventional
intranasal steroids. Optinose also aims for XHANCE to become a
standard maintenance therapy following sinus surgery to enhance
patient outcomes.
In its report dated March 26, 2025, Ernst & Young LLP, OptiNose's
auditor since 2016, issued a "going concern" qualification attached
in the Company's Form 10-K Report for the year ended Dec. 31, 2024,
citing that the Company has suffered recurring losses, had a
working capital deficiency, and expects to breach certain debt
covenants, raising substantial doubt on the Company's ability to
continue as a going concern.
PACIFICA SENIOR: Seeks Chapter 7 Bankruptcy in California
---------------------------------------------------------
The Press Democrat reports that San Diego-based Pacifica Senior
Living has filed for Chapter 7 bankruptcy, according to a March 24,
2025 filing with the California Southern Bankruptcy Court. The
company disclosed liabilities ranging from $10 million to $50
million, less than $50,000 in assets, and between one and 49
creditors.
Operating under the name Pacifica Senior Living Management LLC, the
company is listed by industry group Argentum as the 12th largest
senior living operator in the U.S. for 2024. Although the exact
number of its communities is not publicly available, previous
marketing materials estimate between 80 and 100 locations. In 2023,
Pacifica ranked 10th nationwide in both assisted living—operating
over 5,255 units—and memory care, with 2,776 units. The filing
comes after a series of legal and regulatory challenges for the
company:
In 2020, Pacifica paid $140,000 to settle a complaint by the
National Fair Housing Alliance, which alleged that its Rosemont
facility denied housing and services to deaf and hard-of-hearing
residents.
In 2022, a jury awarded $23 million in a wrongful death lawsuit
involving Pacifica's Bakersfield community.
A report submitted to the California Attorney General's Office in
2022 indicated Pacifica's rate of regulatory citations in elderly
care facilities was nearly four times the state average for
similar-sized operations.
In 2024, the company was ordered to pay $6.3 million in statutory
damages for using 42 copyrighted photographs without
authorization.
That same year, another wrongful death case at its Bakersfield
location led to a $2.5 million judgment.
Pacifica had not responded to a request for comment from Senior
Housing News.
About Pacifica Senior Living Management LLC
Pacifica Senior Living Management LLC is a San Diego-based senior
living operator.
Pacifica Senior Living sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. S.D. Cal. 25-01107) on March 25, 2025. In
its petition, the Debtor reports liabilities ranging from $10
million to $50 million, less than $50,000 in assets.
The Debtor is represented by Martin A. Eliopulos at Higgs, Fletcher
& Mack LLP.
PEARCE SPECIALTY: Gets Final OK to Use Cash Collateral
------------------------------------------------------
Pearce Specialty Framers, LLC received final approval from the U.S.
Bankruptcy Court for the Western District of Washington to use cash
collateral.
The final order authorized the company to use cash collateral for
post-petition operating expenses, subject to conditions protecting
the U.S. Small Business Administration as a secured creditor.
As protection, SBA will be granted replacement liens on the
company's post-petition cash, accounts receivable, inventory and
proceeds thereof, to the same extent and with the same priority as
its pre-bankruptcy liens.
In addition, the secured creditor will receive payment of $300 for
March and monthly payment of $600 starting this month until a
Chapter 11 plan is confirmed.
Unless extended by written consent of SBA, the company's authority
to use cash collateral will terminate on April 30 or upon the
occurrence of termination events including the dismissal or
conversion of its Chapter 11 case; the appointment of a trustee or
examiner; confirmation of a bankruptcy plan; and entry of a court
order modifying or reversing the final order.
About Pearce Specialty Framers
Pearce Specialty Framers, LLC, formerly known as Pearce & Guy
Builders, LLC, is a construction company based in Marysville,
Wash., specializing in residential framing services. It provides a
wide range of construction solutions, including kitchen, bathroom,
and basement remodels as well as full home renovations and
additions. The business holds an active construction contractor
license in Washington State.
Pearce filed Chapter 11 petition (Bankr. W.D. Wash. Case No.
25-10464) on February 21, 2025, listing up to $50,000 in assets and
up to $10 million in liabilities. Matthew Pearce, managing member,
signed the petition.
Judge Timothy W. Dore oversees the case.
Jennifer L. Neeleman, Esq., at Neeleman Law Group, P.C., represents
the Debtor as bankruptcy counsel.
PEOPLE FIRST: Gets Court OK to Use Cash Collateral
--------------------------------------------------
People First Pizza, Inc. got the green light from the U.S.
Bankruptcy Court for the Central District of California, Santa Ana
Division, to use cash collateral.
The Debtor's bankruptcy case was filed under Subchapter V to
address pre-petition lawsuits and claims, particularly from
Merchant Cash Advance lenders who had withdrawn from the Debtor's
operating accounts, hindering cash flow. The Debtor requires access
to cash collateral to continue operations, pay employees, cover
essential expenses, and collect receivables.
The Debtor owes substantial amounts to Black Olive Capital and
Libertas Funding, both of which filed UCC liens securing their
loans.
The Debtor entered into a pre-petition loan agreement with Black
Olive Capital for a total loan sum of $265,740, with an initial
loan amount of $206,000. As of the filing date, Black Olive Capital
claims the loan balance to be approximately $115,639.
Black Olive Capital filed a breach of contract lawsuit against the
Debtor in Monroe County, New York on October 11, 2024. This case is
still pending.
The Debtor entered into a pre-petition loan agreement with Libertas
Funding for a total loan sum of $270,000, with an initial loan
amount of $200,000. Libertas Funding claims the loan balance to be
approximately $160,000.
The Debtor argued that the ongoing business operations and the
income generated will provide adequate protection to these
creditors by ensuring that their collateral does not decrease in
value.
About People First Pizza Inc.
People First Pizza, Inc. owns Domino's Pizza franchises in multiple
locations and filed for bankruptcy due to MCA loans, a PAGA lawsuit
from a former employee, and other liabilities.
People First Pizza sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-10764) on March 26,
2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Cindy Gagliardi, president of People First Pizza,
signed the petition.
Judge Theodor Albert oversees the case.
Richard Sturdevant, Esq., at Financial Relief Law Center, APC,
represents the Debtor as bankruptcy counsel.
PERASO INC: Narrows Net Loss to $10.73 Million in 2024
------------------------------------------------------
Peraso Inc. filed its annual report on Form 10-K with the
Securities and Exchange Commission, reporting a net loss of $10.73
million on total net revenue of $14.57 million for the year ending
Dec. 31, 2024, compared to a net loss of $16.80 million on total
net revenue of $13.75 million for the year ending Dec. 31, 2023.
The Company stated that these and prior year losses have resulted
in significant negative cash flows, necessitating the raising of
substantial additional capital. To date, Peraso has primarily
financed its operations through loans, offerings of common stock
and warrants, and issuances of convertible notes.
Peraso also emphasized the need to increase revenues beyond past
levels in order to achieve sustainable operating profit and
generate enough cash flow to continue operations without having to
frequently raise additional capital. The Company noted that, due
to expected operating losses, cash burn, and ongoing losses from
operations, if it is unable to secure sufficient capital through
further debt or equity financing, there will be uncertainty about
its ability to maintain the liquidity necessary for effective
business operations. This situation raises significant doubt about
the Company's ability to continue as a going concern within one
year from the issuance of these consolidated financial statements.
The Company anticipates continuing to face operating losses
throughout 2025, as it plans to halt shipments of its memory
products after March 2025 while focusing on securing new customers
and further investing in product development. Additionally, the
Company expects its cash expenditures to continue to exceed
receipts for at least the next 12 months, as its revenues will not
be sufficient to offset operating expenses. However, the Company
believes that its available cash and cash equivalents as of Dec.
31, 2024, will be sufficient to meet its capital requirements
through at least the second quarter of 2025.
As of Dec. 31, 2024, the Company had $7.21 million in total assets,
$3.74 million in total liabilities, and $3.47 million in total
stockholders' equity. At Dec. 31, 2024, the Company had cash and
cash equivalents totaling $3.3 million compared with cash, cash
equivalents and investments of $1.6 million as of Dec. 31, 2023.
The Company had an accumulated deficit of approximately $177.1
million as of Dec. 31, 2024.
In its report dated March 28, 2025, the Company's auditor, Weinberg
& Company, issued a "going concern" qualification citing that
during the year ended Dec. 31, 2024, the Company incurred a net
loss and utilized cash in operations. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
The Company explained there is no guarantee that it will be able to
secure additional capital, whether through debt or equity
financing, or that such capital, if available, will be offered on
terms that are favorable to the company. The Company's main focus
is on producing and selling its products. If it is unable to
succeed in these efforts, it will have to implement further
cost-cutting measures, which could impact both its short- and
long-term business plans. These measures may involve actions such
as reducing staff or curtailing certain business activities.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/890394/000101376225004082/ea0235180-10k_perasoinc.htm
About Peraso Inc.
Headquartered in San Jose, California, Peraso Inc. --
www.perasoinc.com -- is a pioneer in high-performance 60 GHz
unlicensed and 5G mmWave wireless technology, offering chipsets,
antenna modules, software and IP. Peraso supports a variety of
applications, including fixed wireless access, immersive video and
factory automation. In addition, Peraso's solutions for data and
telecom networks focus on Accelerating Data Intelligence and
Multi-Access Edge Computing, providing end-to-end solutions from
the edge to the centralized core and into the cloud.
PERSIMMON HOLLOW: Trustee Gets OK to Tap Stichter Riedel as Counsel
-------------------------------------------------------------------
Amy Denton Mayer, the trustee of the PHBC Litigation Trust in the
Chapter 11 case of Persimmon Hollow Brewing Company, LLC, received
approval from the U.S. Bankruptcy Court for the Middle District of
Florida to employ Stichter, Riedel, Blain & Postler, PA as her
counsel.
The firm will provide these services:
(a) obtaining records from the Debtor and third parties needed
to complete the trustee's investigation regarding potential causes
of actions;
(b) analysis of potential causes of action;
(c) prosecution, settlement, and collection of causes of
action;
(d) analysis of claims;
(e) prosecution and settlement of objections to claims; and
(f) any other matters requested by the trustee.
The trustee will utilize paralegals and junior lawyers at the firm
with hourly rates of between $250 and $275.
In addition, the firm will seek reimbursement for expenses
incurred.
Almarosa Torres-O'Connor, Esq., an attorney at Stichter, Riedel,
Blain & Postler, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Almarosa Torres-O'Connor, Esq.
Stichter, Riedel, Blain & Postler, PA
110 East Madison Street, Suite 200
Tampa, FL 33602
Telephone: (813) 229-0144
Email: atorres@srbp.com
About Persimmon Hollow Brewing
Persimmon Hollow Brewing Company, LLC owns and operates a brewery
and taproom in DeLand, Fla.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 23-04742) on Nov. 10,
2023. In the petition signed by Robert Burnette, president and
chief manager, the Debtor disclosed up to $10 million in both
assets and liabilities.
Judge Grace E. Robson oversees the case.
Richard R. Thames, Esq., at Thames | Markey, represents the Debtor
as legal counsel.
Amy Denton Mayer is appointed as trustee of the PHBC Litigation
Trust and examiner in this Chapter 11 case. The trustee tapped
Stichter, Riedel, Blain & Postler, PA as her counsel.
PINNACLE FOODS: Court to Convert Bankruptcy Cases to Chapter 7
--------------------------------------------------------------
Judge Rene Lastreto II of the United States Bankruptcy Court for
the Eastern District of California will convert the following
chapter 11 subchapter V cases to chapter 7:
(1) In re PINNACLE FOODS OF CALIFORNIA LLC, Debtor, Case No.
24-11015-B-11;
(2) In re TYCO GROUP, LLC, Debtor, Case No. 24-11016-B-11; and
(3) In re CALIFORNIA QSR MANAGEMENT, INC., Debtor, Case No.
24-11017-B-11.
Pinnacle Foods of California, LLC, Tyco Group, LLC and California
QSR Management, Inc. each filed Chapter 11 bankruptcy proceedings
in April 2024 and elected to proceed under Sub Chapter V. Pinnacle
and Tyco are franchisees of Popeye's Louisiana Kitchens. QSR is the
operating entity for both.
Flagstar Financial & Leasing, LLC is the primary secured creditor.
Flagstar is owed approximately 3.1 million dollars secured by all
three Debtors' personal property assets including inventory,
equipment, leases, accounts, goods, and general intangibles. There
is no dispute as to the extent or validity of Flagstar's interest.
PLK is owed approximately $1.3 million from Pinnacle and
$221,000.00 from Tyco for unpaid franchise and advertising fees.
PLK and Flagstar urge the court to remove the debtors-in-possession
and expand the Subchapter V Trustee's powers to those included in
Sec. 1183(b)(2) and (5). In addition, Flagstar and PLK want the
Subchapter V Trustee's duties to be expanded to include authority
to sell the franchises as a going concern. Flagstar contends that
converting the cases will result in a lower collateral value
leaving it exposed to a large unsecured claim.
In contrast, the Debtors argue that neither Flagstar nor PLK have
provided adequate evidence to establish the necessity for the
debtors-in-possession to be removed for fraud, incompetence, or
gross mismanagement of the affairs of the Debtors. The Debtors
claim that all Flagstar and PLK really want is to sell the business
when the Debtors want to preserve the business' value.
PLK contends that "cause" for removal of the debtors-in-possession
or dismissal or conversion has been established. It notes that
there is no feasible path forward for these debtors without a
liquidation of the franchises. Further, the Debtors have failed to
preserve assets because they have not had all leases extended under
Sec. 365. These facts demonstrate gross mismanagement, says PLK as
well as failure of the Debtors to follow this court's directives.
PLK contends that "cause" for removal of the debtors=in-possession
or dismissal or conversion has been established. It notes that
there is no feasible path forward for these debtors without a
liquidation of the franchises. Further, the Debtors have failed to
preserve assets because they have not had all leases extended under
Sec. 365. These facts demonstrate gross mismanagement, says PLK as
well as failure of the Debtors to follow the Court's directives.
PLK and Walter R. Dahl, the Subchapter V Trustee, urged the Court
to convert the cases to chapter 7. Flagstar did not oppose
conversion.
The Court finds there is cause to either remove the
debtors-in-possession, convert these cases to chapter 7 or dismiss
the cases.
According to the Court, the Debtors have provided and established
no unusual circumstance that converting or dismissing the case is
not in the best interest of creditors and the estate.
Debtors claim that there is no evidence of fraud, incompetence,
dishonesty, or gross mismanagement. But those "causes" are not
limiting. Conflicts between the interests of the
debtors-in-possession and the creditors in the estate are also
causes.
The Court also finds the Debtors have not established a reasonable
likelihood of a plan being confirmed in a reasonable time and that
the grounds for conversion, dismissal, or removal of the
debtors-in-possession and expand the powers of the Subchapter V
Trustee can be reasonably justified and cured within a reasonable
time. Judge Lastreto says, "Even if the plan was confirmable -- it
is not -- given the Debtors experience in chapter 11, it is not at
all clear the Debtors would be able to make the payments under the
plan. Further, the plan does not provide remedies if payments are
not made. Liquidation is only triggered under the Second Modified
Plan if the Debtors are unable to assume the franchise agreements.
So, there is no current pathway to an appropriate reorganization."
According to the Court, no capital infusion is contemplated by the
Debtors to shore up the unreliable cash flow and administrative
solvency issues. So, there is cause to convert the cases to chapter
7, dismiss the cases, or remove the debtors-in-possession and
expand the powers of the Subchapter V Trustee, the Court finds.
Judge Lastreto concludes that though disruptive, the best interests
of creditors and the estates will be served by conversion of all
cases to chapter 7.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=iuRrnM from PacerMonitor.com.
Counsel for Popeyes Louisiana Kitchen, Inc.:
Glenn D. Moses, Esq.
VENABLE LLP
801 Brickell Avenue, Suite 1500
Miami, FL 33131
Telephone: (305) 372-2522
E-mail: gdmoses@Venable.com
- and -
Hagop T. Bedoyan, Esq.
Garrett R. Leatham, Esq.
Garrett J. Wade, Esq.
MCCORMICK, BARSTOW SHEPPARD, WAYTE & CARRUTH
7647 N. Fresno Street
Fresno, CA 93720
Telephone: (877) 433-3310
E-mail: hagop.bedoyan@mccormickbarstow.com
garrett.leatham@mccormickbarstow.com
garrett.wade@mccormickbarstow.com
Counsel for Flagstar Financial & Leasing LLC, Movants:
Kevin J. Etzel, Esq.
VEDDER PRICE, P.C.
1633 Broadway 31st Floor
New York, NY 10019
Telephone: (212) 407-7789
E-mail: ketzel@vedderprice.com
Counsel for Pinnacle Foods of California, LLC, Tyco Group, LLC, CA
QSR Management, Inc., Debtors/Respondents:
Michael J. Berger, Esq.
LAW OFFICES OF MICHAEL J. BERGER,
9454 Wilshire Blvd, Sixth Floor
Beverly Hills, CA 90212
Telephone: (310) 271-6223
E-mail: michael.berger@bankruptcypower.com
About Pinnacle Foods of California
Pinnacle Foods of California LLC operates six Popeyes franchise
restaurants.
The Debtor filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D. Cal. Case No.
24-11015) on April 22, 2024, listing $2,077,748 in assets and
$4,509,986 in liabilities. The petition was signed by Imran Damani
as president.
Judge Rene Lastreto II presides over the case.
The Debtor tapped Michael Jay Berger, Esq. at Law Offices of
Michael Jay Berger as bankruptcy counsel and Craig R. Tractenberg,
Esq., at Fox Rothschild LLP as special franchise counsel.
PLACID OIL: Avalon's Claims Not Discharged in Chapter 11 Bankruptcy
-------------------------------------------------------------------
In the case captioned as Placid Oil, L.L.C., formerly doing
business as Placid Oil Company, Appellant, versus Avalon Farms,
Incorporated, formerly known as Avalon Plantation, Incorporated,
Appellee, No. 23-11120 (5th Cir.), Judges Edith H. Jones, Don R.
Willett and Kurt D. Engelhardt of the United States Court of
Appeals for the Fifth Circuit affirmed the bankruptcy court's
determination that the claims asserted by Avalon Farms, Inc. were
not discharged in Placid's Chapter 11 bankruptcy proceeding.
Avalon owns a 20-acre parcel of land in St. Mary Parish, Louisiana,
where Placid previously operated a gas processing plant. The
history of Placid's operations on the 20-Acre Parcel begins in the
early 1960's when Placid and other energy companies decided to
build a natural gas plant there. In furtherance of those plans,
Ernest Cockrell, Jr. leased the property from Avalon's
predecessorsin-interest, Ara Bateman Zenor, et al. (hereinafter
referred to, collectively, as the "Zenors"), on October 12, 1962.
The written lease agreement granted Cockrell (his heirs,
successors, assigns, and sublessees) the right to exclusive use of
the premises for all purposes necessary for, or relating to, inter
alia, the processing and handling oil, gas, or other hydrocarbons.
In the interim, on Aug. 29, 1986, Placid commenced a Chapter 11
bankruptcy proceeding by filing a voluntary petition for relief. A
little over two years later, on Sept. 30, 1988, the bankruptcy
court entered an order confirming Placid's consensual Modified
Fourth Amended Joint Chapter 11 Plan of Reorganization. The
Confirmation Order discharged all claims against Placid that arose
on or before Sept. 30, 1988, except for claims, obligations, or
liabilities assumed under the Plan of Reorganization. The
Confirmation Order also prohibited claimants from suing Placid for
debts or claims that had been discharged.
Approximately thirty years later, in July 2018, the current owner
of the 20-Acre Parcel, Avalon, sued several oil and gas exploration
and production companies in Louisiana state court. In September
2020, Avalon amended its petition, adding Placid as a defendant and
alleging that Placid's operations on the 20-Acre Parcel had
contaminated the land in violation of the 1962 Surface Lease.
Thereafter, in 2020, Placid initiated the underlying adversary case
against Avalon, requesting that the bankruptcy court determine that
Avalon's claims were discharged by the September 1988 Confirmation
Order. In response, Avalon requested an order declaring that its
claims related to the 1962 Surface Lease were not discharged.
Eventually, the parties filed cross-motions for summary judgment.
The bankruptcy court agreed with Avalon's position, granted its
motion, denied Placid's motion, and entered judgment in favor of
Avalon. The district court affirmed the bankruptcy court. The
instant appeal followed.
The district court and the bankruptcy court concluded that Placid
and the Zenors had the necessary contractual privity during the
relevant time period. Consequently, at the time of Placid's Chapter
11 bankruptcy proceeding, Avalon's predecessors-in-interest, the
Zenors, as lessors, and Placid, as one of the lessees, were parties
to an unexpired lease of immovable property -- the 1962 Surface
Lease. In other words, Placid and the Zenors were in contractual
privity.
The Circuit Judges find no reversible error in the district court's
or the bankruptcy court's rulings. Because Avalon's
predecessors-in-interest, the Zenors, and Placid were parties to an
executory contract during the pendency of the bankruptcy case,
Placid was obligated to provide the Zenors with actual notice of
the proceeding. But it did not. As a result, Avalon's instant
claims were not discharged in Placid's Chapter 11 bankruptcy case.
Accordingly, we affirm.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=OOJ86A
About Placid Oil
Placid Oil Company sought chapter 11 protection (Bankr. N.D. Tex.
Case No. 86-33419) on Aug. 29, 1986, owing secured creditors more
than $770 million, unsecured creditors more than $50 million, and
taxing authorities more than $543 million. The Honorable Harold C.
Abramson confirmed Placid's plan of reorganization on Sept. 30,
1988, and Placid emerged from bankruptcy in mid-1988.
POPELINO'S TRANSPORTATION: Taps Turoci Firm as Bankruptcy Counsel
-----------------------------------------------------------------
Popelino's Transportation, Inc. seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
The Turoci Firm as general bankruptcy counsel.
The firm will provide these services:
(a) assist the Debtor with respect to compliance with the
requirements of the U.S. Trustee;
(b) advise the Debtor regarding matters of bankruptcy law;
(c) represent the Debtor in any court proceedings or
hearings;
(d) conduct examinations of witnesses, claimants or adverse
parties, and prepare legal papers;
(e) advise the Debtor concerning the requirements of the
Bankruptcy Code and applicable rules;
(f) advise the Debtor regarding its powers and duties in the
continued operation of its business and management of the property
of the estate;
(g) assist the Debtor in the administration of the estate's
assets and liabilities;
(h) prepare a disclosure statement and assist the Debtor in
the negotiation, formulation and implementation of a Chapter 11
plan of reorganization; and
(i) take such other actions and perform such other services as
may be required in the Debtor's Chapter 11 case.
The firm will be paid at these rates:
Todd Turoci $795 per hour
Dana Carmey $230 per hour
Moreover, the firm will be reimbursed for out-of-pocket expenses.
The firm received a retainer in the amount of $25,000 from the
Debtor.
Todd Turoci, Esq., at Turoci Firm, disclosed in court filings that
his firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Todd Turoci, Esq.
The Turoci Firm, Inc.
3845 Tenth Street
Riverside, CA 92501
Tel: (951) 784-1678
Fax: (866) 762-0618
About Popelino's Transportation, Inc.
Popelino's Transportation, Inc. is a Riverside, California-based
company that has been offering green waste hauling and
transportation services since 2005. Additionally, the Company
recycles green waste at its facility to generate compost, mulch,
and woodchips for landscaping.
Popelino's Transportation filed petition (Bankr. C.D. Calif. Case
No. 25-11628) on March 18, 2025, listing $3,318,612 in total assets
and $8,329,194 in total liabilities. Jose Barragan, president of
Popelino's Transportation, signed the petition.
Judge Mark D. Houle oversees the case.
Todd Turoci, Esq., at The Turoci Firm represents the Debtor as
legal counsel.
PREDICTIVE ONCOLOGY: Sells Skyline Medical Assets to DeRoyal
------------------------------------------------------------
Predictive Oncology Inc. announced that it has completed the sale
of assets related to its wholly owned subsidiary, Skyline Medical
Inc., to DeRoyal Industries, Inc., a global manufacturer and
supplier of medical products.
As previously disclosed, Skyline Medical's business operated
outside the core focus of Predictive Oncology, which is the use of
artificial intelligence and machine learning to expedite early drug
discovery and enable drug development for the benefit of cancer
patients. This transaction was consummated in anticipation of
Predictive Oncology's previously announced merger with Renovaro
Biosciences.
Headquartered in Eagan, Minnesota, Skyline Medical markets and
sells the FDA-cleared STREAMWAY System, a direct-to-drain wall
suction waste fluid management technology that provides healthcare
professionals with an automated, secure, and reliable method for
managing potentially hazardous fluids, such as those generated
during surgeries or other medical procedures. The system is
designed to reduce manual handling, eliminate fluid spillage risks,
and streamline waste management operations within medical
settings.
"In late 2023, we implemented a restructuring plan with Skyline
Medical to dramatically improve its operating metrics and return
the business unit to profitability," stated Josh Blacher, Chief
Financial Officer of Predictive Oncology. "Having largely achieved
this goal by the end of 2024, we then looked to consummate a
synergistic business combination with an industry leader that would
enable Skyline Medical to reach its full potential. That is exactly
what this transaction with DeRoyal represents."
"We are excited to integrate this innovative wall suction waste
fluid management system into our product offerings," said Chris
Schulze, Chief Sales Officer of DeRoyal Industries. "This
acquisition strengthens our position as a leader in healthcare
waste management solutions, enabling us to better serve our
customers with advanced, environmentally friendly technologies. The
Streamway product line aligns with DeRoyal's commitment to
improving the safety, efficiency, and sustainability of healthcare
facilities, while also supporting their efforts to meet regulatory
compliance standards."
As part of the acquisition, DeRoyal Industries will offer the
Streamway® wall suction waste fluid management product line under
the DeRoyal brand. This transition will ensure seamless continuity
for Skyline Medical's existing customers while expanding the
product's reach to new healthcare facilities looking to enhance
their fluid waste management systems. The transaction was accounted
for as an asset sale and all necessary approvals have been
previously obtained.
About Predictive Oncology
Headquartered in Pittsburgh, Pennsylvania, Predictive Oncology Inc.
is a knowledge and science-driven company that applies artificial
intelligence to support the discovery and development of optimal
cancer therapies, which can ultimately lead to more effective
treatments and improved patient outcomes. The Company uses AI and
a proprietary biobank of 150,000+ tumor samples, categorized by
tumor type, to provide actionable insights about drug compounds to
improve the drug discovery process and increase the probability of
drug compound success. The Company offers a suite of solutions for
oncology drug development from early discovery to clinical trials.
Pittsburgh, Pennsylvania-based KPMG LLP, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated March 31, 2024, citing that the Company has incurred
recurring losses from operations and has an accumulated deficit
that raises substantial doubt about its ability to continue as a
going concern.
PREMIER PEDIATRICS: Gets OK to Use Cash Collateral
--------------------------------------------------
Premier Pediatrics LC got the green light from the U.S. Bankruptcy
Court for the District of Utah, Central Division, to use cash
collateral.
The Debtor filed for Chapter 11 bankruptcy due to significant
financial strain caused by the COVID-19 pandemic. Despite efforts
to restore its financial health, the business has been hindered by
aggressive repayment obligations to merchant funding companies,
leading to cash flow issues that threaten its ability to meet
operational expenses like employee payroll.
The Debtor needs to use cash collateral for ongoing expenses,
including payroll, material purchases, and other essential costs,
from the petition date through April 28.
The Debtor's assets are encumbered by three secured creditors:
Bankers Healthcare Group, Inc., Preferred Bank, and Overton
Funding, LLC. To protect these creditors, the Debtor proposes
granting replacement liens on post-petition income.
A final hearing is scheduled for May 8.
About Premier Pediatrics LC
Premier Pediatrics LC operates a pediatric medical office in
Southern Utah.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Utah Case No. 25-21548) on March 26,
2025. In the petition signed by Robert K. Dowse, managing member,
the Debtor disclosed up to $50,000 in assets and up to $500,000 in
liabilities.
Judge William T. Thurman oversees the case.
Geoffrey L. Chesnut, Esq., at Red Rock Legal Services, PLLC,
represents the Debtor as legal counsel.
PREMIER TILLAGE: Seeks to Hire Sader Law Firm as Legal Counsel
--------------------------------------------------------------
Premier Tillage, Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Kansas to employ The Sader Law Firm as
counsel.
The firm's services include:
(a) advise the Debtor with respect to its rights and
obligations;
(b) prepare and file any petition, schedules, motions,
statement of affairs, plan of reorganization, or other pleadings
and documents that may be required in this proceeding;
(c) represent the Debtor at the meeting of creditors, plan of
reorganization, disclosure statement, confirmation and related
hearings, and any adjourned hearings thereof;
(d) represent the Debtor in adversary proceedings and other
contested bankruptcy matters; and
(e) represent the Debtor in the above matters, and any other
matters that may arise in connection with its reorganization
proceeding and business operations.
The hourly rates of the firm's professionals are as follows:
Neil S. Sader $395
Bradley McCormack $380
Paralegal $165
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Sader and Ms. Lee disclosed in court filings that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Neil S. Sader, Esq.
The Sader Law Firm
2345 Grand Boulevard, Suite 2150
Kansas City, MO 64108
Telephone: (816) 561-1818
Facsimile: (816) 595-1802
Email: nsader@saderlawfirm.com
About Premier Tillage Inc.
Premier Tillage, Inc. is a family-owned company based in Kansas,
specializing in products and services for both no-till and
conventional tillage farming. The Company's flagship product, the
Minimizer blade plow, enhances efficiency by reducing weeds and
boosting profits. In addition, the Company offers replacement parts
and other farming equipment, such as stubble treaders and sweep
plows.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 25-20314) on March 18,
2025. In the petition signed by Daniel W. Chupp, president, the
Debtor disclosed $5,285,139 in total assets and $9,284,642 in total
liabilities.
Neil Sader, Esq., at Sader Law Firm, LLC represents the Debtor as
bankruptcy counsel.
Nicholas J. Zluticky, Esq. at Stinson LLP represents the Debtor as
counsel.
PRIME CAPITAL: Court Denies Confirmation of Liquidation Plan
------------------------------------------------------------
Judge Robert E. Littlefield, Jr. of the United States Bankruptcy
Court for the Northern District of New York denied the confirmation
of Prime Capital Ventures, LLC's first amended plan of liquidation
without prejudice. The approval of the second amended disclosure
statement is rendered moot.
On Dec. 6, 2024, Prime filed its Chapter 11 plan of liquidation as
well as the related disclosure statement.
On Dec. 23, 2024, Prime filed the first amended plan and the first
amended disclosure statement.
On Jan. 9, 2025, Prime filed the second amended disclosure
statement.
Prime argues that approval of the disclosure statement and
confirmation of the plan is appropriate in this case. It contends
that notice of the disclosure statement and plan was proper, the
remaining objections were consensually resolved and the Bankruptcy
Code requirements are satisfied.
The United States Trustee, Compass-Charlotte 1031, LLC, ER
Tennessee LLC and Piper Capital Funding, LLC all indicated their
support for the disclosure statement and plan. While they did not
explicitly indicate support for the plan and disclosure statement,
Hogan Lovells US, LLP, B and R Acquisition Partners, LLC and JHM
Lending Ventures, LLC affirmed on the record that their objections
had been resolved.
Section 5.4(b) of the Plan provides for the reimbursement of costs
and expenses for the Oversight Committee. According to that
section, reasonable expenses incurred by committee members may be
paid by the Plan Administrator without Court approval.
Taken together, the Plan and related documents remove the Court's
ability to review and approve expenses incurred by members of the
Oversight Committee, professionals of the Oversight Committee and
professionals of the Plan Administrator. According to the Court,
this is a cause for concern as it implicates significant conflicts
of interest. The members of the Oversight Committee are to be paid
by the very person they are charged with overseeing. Both the
Oversight Committee and Plan Administrator may also be incentivized
to approve each other's professional fees. This Court is no
stranger to the risks of ballooning professional costs. While the
Court does not believe this was Prime's intent, the system proposed
creates a risk of escalating fees outside of Court purview that
would necessarily harm other creditors and the estate. For the
reasons stated, the Plan does not comply with Sec. 1129(a)(4) and
cannot be confirmed.
The Plan calls for Christian H. Dribusch to be appointed as Plan
Administrator and for Compass-Charlotte, ER Tennessee and Piper
Capital to be appointed as the members of the Oversight Committee.
The Court does not take issue with the selection of ER Tennessee
and Piper Capital. However, the selection of Compass-Charlotte
raises some concerns, the Court finds.
As a result of the dismissal of the involuntary bankruptcy against
Prime, the Court reserved jurisdiction over the issue of whether
Prime is entitled pursuant to Bankruptcy Code Sec. 303(i) to costs,
attorneys' fees and damages, including punitive damages from
Compass-Charlotte and the other petitioning creditors. Prime
previously sought to abandon these causes of action, though the
motion was denied. Therefore, Prime has an outstanding cause of
action against Compass-Charlotte. According to the Court, this
seemingly creates a conflict of interest. It is not unreasonable to
assume that Compass-Charlotte will hold a rather staunch position
on matters involving the Sec. 303(i) claim against it. While Prime
assured the Court at the confirmation hearing that
Compass-Charlotte would not be a party to those discussions, its
position on the Oversight Committee and general influence in this
case could detrimentally impact the decision-making of the Plan
Administrator and other committee members.
Upon review, the Court identified several concerns with the
liquidation analysis provided.
The liquidation analysis indicates that Prime has approximately
$1,980,622.00 in cash. Prime's monthly operating report for January
2025 now indicates that there is approximately $1,971,742.96.
Included in that value is $100,084.18 attributed to funds disgorged
by Pashman Stein Walder Hayden, P.C. to the Receiver in a related
District Court matter. However, it is unclear how Prime is
currently able to claim ownership of these funds.
The liquidation analysis includes a line item labeled "Wind-down
budget/Ch 7 professionals" valued at $1,000,000 for both the plan
and theoretical liquidation. The issue is that there would not be a
Plan Administrator in a Chapter 7 liquidation as that role would be
performed by the Chapter 7 Trustee, whose compensation is accounted
for in a separate line item. There is also a question as to how the
remaining balance of the Wind-Down Budget was calculated. The Court
does not reach a conclusion as to whether this case would be better
off under Chapter 7 as opposed to Chapter 11. However, there are
sufficient questions regarding the liquidation analysis that
prevent the Court from concluding that the Plan complies with Sec.
1129(a)(7).
Judge Littlefield concludes, "The plan presently before the Court
suffers from various deficiencies that strike at the heart of the
plan's architecture. Any amendments made to the plan that
sufficiently address the Court's concerns would effectively create
a new plan; one which Prime's creditors would need additional time
to review and consider. To ensure adequate notice to all creditors,
and to prevent a 'ship of Theseus' dilemma, the Court will deny
confirmation so that a new disclosure statement and plan may be
prepared, noticed and voted upon in due course."
A copy of the Court's decision is available at
https://urlcurt.com/u?l=iXUXFM from PacerMonitor.com.
Personal Representative of the Sole Member of Debtor:
Christian H. Dribusch, Esq.
THE DRIBUSCH LAW FIRM
187 Wolf Road, Suite 300-20
Albany, NY 12205
Attorneys for Debtor:
Fred Stevens, Esq.
Lauren Kiss, Esq.
KLESTADT WINTERS JURELLER SOUTHARD & STEVENS, LLP
200 West 41st Street, 17th Floor
New York, NY 10036
E-mail: fstevens@klestadt.com
lkiss@klestadt.com
Attorney for B and R Acquisition Partners, LLC
and JHM Lending Ventures, LLC:
M. Patrick Everman, Esq.
BRADLEY ARANT BOULT CUMMINGS LLP
188 E Capitol Street, Suite 1000
Jackson, MS 39201
E-mail: peverman@bradley.com
Attorney for Compass-Charlotte 1031, LLC:
William L. Esser, Esq.
PARKER POE ADAMS & BERNSTEIN LLP
620 South Tryon Street, Suite 800
Charlotte, NC 28202
E-mail: willesser@parkerpoe.com
Attorney for ER Tennessee LLC:
Joseph P. Lombardo, Esq.
CHAPMAN AND CUTLER LLP
320 South Canal Street
Chicago, IL 60606
E-mail: lombardo@chapman.com
Attorney for Hogan Lovells US LLP:
Douglas T. Tabachnik, Esq.
LAW OFFICES OF DOUGLAS T. TABACHNIK, P.C.
63 West Main Street, Suite C
Freehold, NJ 07728
Attorney for Piper Capital Funding LLC:
Jon Travis Powers, Esq.
WHITE AND WILLIAMS LLP
7 Times Square, Suite 2900
New York, NY 10036
About Prime Capital Ventures
Prime Capital owns a residential property located at 600 Linkhorn
Drive, Virginia Beach, VA 23451, valued at $4.02 million.
Prime Capital Ventures, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D.N.Y. Case No.
24-11029) on Sept. 16, 2024, listing $6,452,230 in assets and
$244,529,327 in liabilities. The petition was signed by Christian
H. Dribusch as manager.
Christian H. Dribusch, Esq., at Dribusch Law Firm, is the Debtor's
counsel.
PRIMELAND REAL: Files Amendment to Disclosure Statement
-------------------------------------------------------
Primeland Real Estate Development, LLC, submitted an Amended
Disclosure Statement for the Plan of Liquidation dated March 11,
2025.
The Debtor owns and manages a commercial property in Kissimmee,
Florida located at 2691 Livingston Road, Kissimmee, FL 34747 (the
"Property").
Like in the prior iteration of the Plan, holders of Class 7 General
Unsecured Claims shall be issued beneficial interests in the
Liquidation Trust equal to the amount of their Allowed General
Unsecured Claim. The Litigation Trust will pursue all remaining
Litigation Claims of the Debtor's estate and distribute any
recoveries, minus expenses, pro rata to all holders of beneficial
interests in the Litigation Trust.
Class 8 consists of any and all membership interests and warrants
currently issued or authorized in the Debtor. Class 8 shall be
extinguished upon confirmation This Class is impaired.
The Plan contemplates the sale of the Property by private sale or
auction with Fisher Auction Company and HREC Capital using Bid
Procedures approved by the Bankruptcy Court. The Debtor believes
the proceeds from the sale of the property will be sufficient to
fund the Plan.
On the Effective Date, the Debtor and the Litigation Trustee, with
the approval of the Official Committee of Unsecured Creditors
appointed by the Office of the United States Trustee (the
"Committee"), shall execute the Litigation Trust Agreement and take
all steps necessary to establish the Litigation Trust.
The Litigation Trust is being established for the purpose of (i)
holding and liquidating the balance of the Debtor's Assets (if
any), (ii) resolving and paying all Unsecured Claims that are
Disputed Claims, (iii) prosecuting any Causes of Action, and (iv)
distributing cash and other property held by the Litigation Trust
in accordance with this Plan and the Litigation Trust Agreement.
The Litigation Trust shall not continue or engage in any trade or
business, except to the extent reasonably necessary to, and
consistent with, the liquidating purpose of the Litigation Trust.
Unless otherwise required by law, it is intended that all parties
shall treat the Litigation Trust as a Litigation Trust for all
federal income tax purposes.
On the Effective Date of the Plan, the Debtor shall cause the
balance of the proceeds of the liquidation of the Property to be
deposited with the Litigation Trustee, who shall be selected by the
Committee. For the avoidance of any doubt, following the
contribution of the balance of the proceeds of the liquidation of
the Property and the execution of the Litigation Trust Agreement,
the Litigation Trustee shall have standing to pursue Causes of
Action on behalf of the Litigation Trust subject only to any
limitations set forth in the Plan or the Litigation Trust
Agreement.
A full-text copy of the Amended Disclosure Statement dated March
11, 2025 is available at https://urlcurt.com/u?l=oB59Af from
PacerMonitor.com at no charge.
About Primeland Real Estate Development
Primeland Real Estate Development LLC is the fee simple owner of an
incomplete condominium project known as Sycamore Orlando Resort
located at 2691 Livingston Rd, Kissimmee, FL 34747 having an
appraised value of $40 million.
Primeland Real Estate Development sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-04612) on
August 29, 2024. In the petition filed by Karen M. Costa, as
president, the Debtor reports total assets of $40,828,477 and total
liabilities of $41,815,331.
The Honorable Bankruptcy Judge Lori V. Vaughan oversees the case.
The Debtor is represented by:
Frank M. Wolff, Esq.
NARDELLA & NARDELLA, PLLC
135 W. Central Blvd
Suite 300
Orlando, FL 32801
Tel: 407-966-2680
Fax: 407-966-2681
E-mail: fwolff@nardellalaw.com
PROS HOLDINGS: Welcomes Growth Veteran Katie May to Board
---------------------------------------------------------
PROS Holdings, Inc. announced the appointment of Katie May to its
Board of Directors, effective immediately. May, an established
entrepreneur and board veteran, joins PROS as an independent
director, bringing deep expertise in eCommerce, digital
transformation and high-growth SaaS strategies.
May is an experienced leader with more than 20 years in C-suite
roles, including 14 years as an operating CEO. She has successfully
scaled multiple high-growth companies to successful exits,
including one IPO and two strategic acquisitions. Her expertise
spans SaaS, software, marketplaces, SMB, eCommerce, shipping and
digital transformation. She also brings extensive board leadership
experience across public and private companies, having served on
nine boards, including Pitney Bowes, Rokt Inc and Stamps.com.
"With experience across high-growth technology companies and
marketplaces, Katie brings extensive knowledge of what it takes to
scale a business," said PROS Non-Executive Chairman of the
Board Bill Russell. "We look forward to adding Katie's
perspective to the Board."
"We are delighted to welcome Katie to the PROS Board," said PROS
President and CEO Andres Reiner. "Her knowledge and expertise in
SaaS, digital commerce and scaling businesses make her an
invaluable addition as we accelerate our mission to help companies
outperform in an increasingly dynamic market."
"PROS is sitting at the intersection of AI, pricing, and
commerce--a space primed for disruption," said May. "I'm thrilled
to join the PROS Board at such a pivotal time and help accelerate
the company's journey in shaping the future of intelligent commerce
and driving long-term success and value for our shareholders."
Russell Reynolds advised the company in the Board search process.
About PROS Holdings
Headquartered in Houston, Texas, PROS Holdings, Inc. (NYSE: PRO),
is a provider of AI-powered SaaS pricing, CPQ, revenue management,
and digital offer marketing solutions.
As of June 30, 2024, PROS Holdings had $384.9 million in total
assets, $467.9 million in total liabilities, and $83 million in
total shareholders' deficit.
* * *
Egan-Jones Ratings Company, on August 22, 2024, maintained its
'CCC-' foreign currency and local currency senior unsecured ratings
on debt issued by PROS Holdings, Inc.
PROSPECT MEDICAL: Committee Hires Brinkman Law Group as Counsel
---------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of Prospect Medical Holdings, Inc. and its
affiliates seeks approval from the U.S. Bankruptcy Court for the
Northern District of Texas to employ Brinkman Law Group, PC as
efficiency counsel.
The firm will assist, advise, and represent the committee with
respect to the following:
(a) general oversight of the Chapter 11 cases;
(b) evaluation and negotiation of any post-petition financing,
cash collateral usage, or exit financing;
(c) analysis of the Debtors' capital structure, as well as
other claims against and interests in them;
(d) analysis of the assumption or rejection of the Debtors'
executory contracts and unexpired leases, as well as any
negotiations with third parties to such contracts and leases;
(e) analysis and investigation of the acts, conduct, assets,
liabilities, and financial condition of the Debtors;
(f) analysis and investigation of potential estate claims and
causes of action;
(g) evaluation, negotiation, and documentation of any proposed
sale of all or a portion of the Debtors' assets or businesses;
(h) evaluation, negotiation, confirmation, and implementation
of any Chapter 11 plan, disclosure statement, and related
documentation that may be filed in the Chapter 11 cases;
(i) the preparation, on behalf of the committee, of any legal
papers, and the review and analysis of all other pleadings filed in
connection with the Chapter 11 cases;
(j) appearances in hearings, litigation conferences,
mediations, or other proceedings pending before this court (or any
ancillary proceedings related to the Debtors before any other
court) on behalf of the committee;
(k) any consultations, meetings, and negotiations with the
Debtors, creditors, and other parties-in-interest on behalf of the
committee;
(l) communications with the committee's constituents,
consistent with section 1102 of the Bankruptcy Code and otherwise;
and
(m) the performance of such other legal services as are
necessary to assist the committee in discharging its duties and
responsibilities in connection with the Chapter 11 cases.
The hourly rates of the firm's counsel and staff are as follows:
Daren R. Brinkman, Shareholder $1,240
Kelsi J. Hunt, Of Counsel $1,090
Jory D. Cook, Of Counsel $870
Eliane Freire, Law Clerk $660
Paraprofessionals $450 - $525
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Brinkman also provided the following in response to the request
for additional information set forth in Section D of the Revised
U.S. Trustee Guidelines:
Question: Did you agree to any variations from, or
alternatives to, your standard or customary billing arrangements
for this engagement?
Answer: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed postpetition, explain the
difference and reasons for the difference.
Answer: Not applicable.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: The committee and its professionals expect to work
together to develop a budget and staffing plan for the Chapter 11
cases.
Mr. Brinkman disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Daren R. Brinkman, Esq.
Brinkman Law Group, PC
543 Country Club Drive, Suite B
Wood Ranch, CA 93065
3970 Lindbergh Drive
Addison, TX 75001
Telephone: (818) 597-2992
Facsimile: (818) 597-2998
Email: firm@brinkmanlaw.com
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
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
also tapped Alvarez & Marsal North America, LLC as financial
advisor; Houlihan Likey, Inc. as investment banker; and Omni Agent
Solutions, Inc. as claims, noticing & solicitation agent.
On Jan. 29, 2025, the Office of the United States Trustee for
Region 6 appointed an official committee of unsecured creditors in
these Chapter 11 cases. The committee tapped Brinkman Law Group, PC
as efficiency counsel.
PROSPECT MEDICAL: Crozer Possible Sale Bankruptcy Hearing Postponed
-------------------------------------------------------------------
Joe Holden of CBS News reports that the fate of Crozer Health
remains uncertain as negotiations for a potential sale advance.
During a bankruptcy hearing on Tuesday, April 1, 2025, an attorney
representing Prospect Medical Holdings, the owner of Crozer,
informed the judge that the details of ongoing discussions could
not be disclosed due to their sensitive nature. The hearing has
been delayed, when the judge expects an update on the potential
sale of the Delaware County-based health system. Officials suggest
the sale could involve a consortium of healthcare providers, aiming
to keep Crozer Chester Medical Center and Taylor Hospital
operational.
According to the report, epresentatives from Prospect Medical, the
Pennsylvania Attorney General's Office, and Delaware County
reviewed progress on an asset purchase agreement. A county attorney
confirmed efforts to form a consortium that could prevent Crozer's
closure, according to CBS News.
In a prior hearing, a Prospect Medical attorney stated that a
partnership with Delaware County and Penn Medicine might provide a
solution for Crozer. However, Penn Medicine's spokesperson denied
the claim, the report states.
"We are working with a range of partners to ensure continued care
for patients in southern Delaware County. A successful solution
will require financial support and collaboration from multiple
stakeholders, including health systems, state, county, and
foundations," the spokesperson said.
A board member from the Foundation for Delaware County filed a
lawsuit to block the use of foundation funds for the hospitals,
fearing the money could benefit Prospect Medical. However, after an
emergency meeting, an agreement was reached, and the foundation
agreed to provide $13 million in emergency funding to keep the
system running.
Dr. Monica Taylor, chair of the Delaware County Council, expressed
cautious optimism about reaching a deal to keep the health system
operational.
"The county is working on two fronts: facilitating the process and
preparing contingency plans in case we can't save the hospital
system," Taylor said. "We're also working to ensure healthcare
services remain available in areas that could lose these
resources."
Crozer Health employs 3,000 people, and patients are still waiting
for a resolution as attorneys for Prospect Medical, Delaware
County, and state officials continue negotiations.
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, as chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
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.
QUICKSILVER PROPERTIES: Hires Re/Max Real Estate as Counsel
-----------------------------------------------------------
Quicksilver Properties, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Arkansas to employ Re/Max Real
Estate as counsel.
The firm will market and sell the Debtor's real estate per further
orders of the bankruptcy court.
The firm will be paid a commission of 6 percent of the gross sales
price.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Nathan Genovese
Re/Max Real Estate
Bentonville, AR 72712
Tel: (707) 205-6797
Email: bktrusteerealestate@gmail.com
About Quicksilver Properties, LLC
Quicksilver Properties, LLC, filed a Chapter 11 bankruptcy petition
(Bankr. E.D. Ark. Case No. 4:25-bk-10820) on March 12, 2025. The
Debtor hires Bond Law Office as counsel.
RABAH LLC: Hires Jones-Papadopoulos as Listing Broker
-----------------------------------------------------
Rabah, LLC seeks approval from the U.S. Bankruptcy Court for the
Northern District of Texas to employ Jones-Papadopoulos & Co. as
listing broker.
The firm will sell and market the Debtor's residential house
located at 5025 Grace Drive, Garland, Texas 75043.
The firm will be paid a commission of 5 percent of the sales
price.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
John Papadopoulos
Jones-Papadopoulos & Co.
2770 Main Street
Frisco, TX 75033
Tel: (214) 790-7500
Email: johnp@jpcsells.com
About Rabah, LLC
Rabah, LLC sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Tex. Case No. 24-33530) on November 4,
2024, listing $100,001 to $500,000 in both assets and liabilities.
Judge Scott W Everett presides over the case.
James B. Jameson, Esq. at James B. Jameson & Associates, PC
represents the Debtor as counsel.
RAP OPERATING: Seeks to Hire Patrick J. Gros CPA as Accountant
--------------------------------------------------------------
Rap Operating, LLC received approval from the U.S. Bankruptcy Court
for the Western District of Louisiana to hire Patrick J. Gros, CPA,
A Professional Accounting Corporation as accountant.
The firm will assist the Debtor in the preparation and filing of
the tax returns, as well as assist in the analysis o1f various
financial documents and the handling of other accounting duties in
this case.
Patrick J. Gros, CPA, a President at Patrick J. Gros, CPA,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Patrick J. Gros
Patrick J. Gros, CPA
651 River Hignlands Boulevard
Covington, LA 70433
Tel: (985) 898-3512
Email: info@PJGrosCPA.com
About Rap Operating
Rap Operating, LLC, is engaged in the oilfield service industry in
Central Louisiana, and is in the operation and management of
several oil wells located in Matagorda County, Texas.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. W.D. La. Case No. 23-80316) on June 2,
2023, with $98,300 in assets and $1,609,309 in liabilities. James
E. Robbins, managing member, signed the petition.
Judge Stephen D. Wheelis oversees the case.
Thomas R. Willson, Esq., represents the Debtor as legal counsel.
RED BAY COFFEE: Seeks to Hire AER Legal APC as Special Counsel
--------------------------------------------------------------
Red Bay Coffee Company, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of California to hire
AER Legal, APC as special counsel.
The firm will prepare documentation and agreements related to
insider equity financing into the Debtor from certain members of
Debtor's Board of Directors.
The firm will be paid at these rates:
Anthony E. Rodriguez $550/ hr.
James C. Harris $450/hr.
Anthony Rodriguez, Esq., a principal of AER Legal, APC, assured the
court that his firm is a "disinterested person" within the meaning
of 11 U.S.C. 101(14).
The firm can be reached through:
Anthony E. Rodriguez, Esq.
AER Legal, APC
211 Hope St # 391803
Mountain View, CA 94041-1306
Phone: (650) 963-9670
Email: anthony@aerlegal.com
About Red Bay Coffee Company
Red Bay Coffee Company, Inc. is a wholesale specialty coffee
roasting company based in Oakland, Calif.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Calif. Case No. 24-41317) on August
29, 2024, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Keba A. Konte, chief executive officer,
signed the petition.
Judge Dennis Montali presides over the case.
Matthew D. Metzger, Esq., at Belvedere Legal, PC represents the
Debtor as bankruptcy counsel.
REMC LLC: Hires Law Offices of Bennie Brooks as Counsel
-------------------------------------------------------
REMC, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Columbia to employ Law Offices of Bennie Brooks &
Associates as counsel.
The firm will provide these services:
a. serve as counsel in the Chapter 11 case;
b. represent the Debtor in the Chapter 11 case and advise the
Debtor as needed to its duties and rights as a debtor in
possession;
c. prepare and file all necessary schedules, statements, plan,
disclosure statement, reports and other documents, and negotiate on
behalf of the Debtor;
d. represent the Debtor at all hearings, conferences, meeting of
creditors, and other proceedings; and
e. perform other legal services as may be necessary.
The firm will be paid based upon its normal and usual hourly
billing rates. The firm will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Bennie R. Brooks, Esq., a partner at Law Offices of Bennie Brooks &
Associates, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Bennie R. Brooks, Esq.
Law Offices of Bennie Brooks & Associates
8201 Corporate Drive, Suite 260
Landover, MD 20785
Tel: (301) 731-4160
Email: bbrookslaw@aol.com
About REMC, LLC
REMC LLC, doing business as Real Estate Management & Consulting
LLC, provides a wide range of property management, solutions, and
consulting services for both residential and commercial clients.
The Company's offerings include facility upkeep, property
management, building inspections, cleaning, landscaping, and
construction services.
REMC LLC sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D.C. Case No. 25-00072) on February 27, 2025. In its
petition, the Debtor reports estimated assets up to $50,000 and
estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Elizabeth L. Gunn handles the case.
The Debtor is represented by Bennie R. Brooks, Esq., at BENNIE R.
BROOKS PC.
REPIDA INC: Unsecured Creditors to Get 10 Cents on Dollar in Plan
-----------------------------------------------------------------
Repida, Inc., filed with the U.S. Bankruptcy Court for the Northern
District of Illinois an Amended Plan of Reorganization dated March
7, 2025.
The Debtor is a New York Corporation. Since 2013, Debtor has been
in the business of interstate trucking.
In early 2023, the trucking industry experienced a downturn and
Debtor used any cash reserves to cover a cash flow shortage but
this eventually led to inability to remain current on payments on
their equipment loans and potential repossession of the equipment
by the secured lenders.
The Chapter 11 filing has enabled Debtor to continue using their
equipment and to return to focusing on their interstate trucking
business.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $749.22. The final Plan
payment is expected to be paid on April 1, 2029.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 10 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 6 consists of non-priority unsecured creditors. Claims in
this class will receive the projected disposable income of the
Debtor pro rata within the class for a period of four years,
estimated at $749.22 monthly remaining after any outstanding
administrative claims are paid from the disposable income.
Disposable income, as defined in Section 1191(d), shall be
determined on a quarterly basis, based on the disposable income
generated, if any, during the preceding quarter.
The Debtor will begin to make monthly payments commencing on the
fifteenth day of the fourth full month following the Effective Date
and thereafter due on the fifteenth day of every fourth month. A
minimum total amount of $35,962.74 will be paid to this class. This
Class is impaired.
Class 7 consists of equity security holders of the Debtor. Equity
security holders shall retain their interests in the Debtor as they
existed on the Petition Date.
The Debtor shall continue its business operations, which shall be
the primary source of funds for payments required by this Plan that
are to be made by the Debtor over time. After the Effective Date,
the Debtor may operate the business and use, acquire, sell,
transfer, convey, or dispose of property without supervision by the
Bankruptcy Court and free of any restrictions of the Bankruptcy
Code or Bankruptcy Rules, other than those restrictions expressly
imposed by the Plan and the Confirmation Order.
A full-text copy of the Amended Plan dated March 7, 2025 is
available at https://urlcurt.com/u?l=yxtyLB from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Saulius Modestas, Esq.
Modestas Law Offices, P.C.
401 S. Frontage Rd.
Burr Ridge, IL 60527-7115
Telephone: (312) 251-4460
Facsimile: (312) 277-2586
Email: smodestas@modestaslaw.com
About Repida Inc.
Repida, Inc. offers trucking services in Brooklyn, N.Y.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-07281) on May 16,
2024, with $1 million to $10 million in both assets and
liabilities. Ion Repida, president, signed the petition.
Saulius Modestas, Esq., at Modestas Law Offices, P.C., is the
Debtor's legal counsel.
RESHAPE LIFESCIENCES: Director Departure Triggers Compliance Issue
------------------------------------------------------------------
ReShape Lifesciences Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that Gary Blackford
informed the Board of Directors of his decision to resign from the
Board and all related committees effective March 15, 2025.
Mr. Blackford's decision to resign from the Board is not due to any
disagreement with the Company on any matter relating to the
Company's operations, policies or practices.
As a result of Mr. Blackford's resignation, the Company's Audit
Committee will be comprised of two independent directors and,
therefore, will not be in compliance with Nasdaq Listing Rule
5605(c)(2)(A), which requires the Company's Audit Committee to be
comprised of three independent directors. However, the Company will
rely on the cure period set forth in Nasdaq Listing Rule
5605(c)(4)(B) to regain compliance with the audit committee
composition requirements.
About Reshape Lifesciences Inc.
ReShape Lifesciences Inc. (Obalon Therapeutics, Inc.) is a weight
loss and metabolic health-solutions company, offering an integrated
portfolio of proven products and services that manage and treat
obesity and metabolic disease.
Irvine, California-based RSM US LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
April 1, 2024, citing that the Company has suffered recurring
losses from operations and negative cash flows. The Company
currently does not generate revenue sufficient to offset operating
costs and anticipates such shortfalls to continue. This raises
substantial doubt about the Company's ability to continue as a
going concern.
Reshape reported a net loss of $11.39 million for the year ended
Dec. 31, 2023, compared to a net loss of $46.21 million for the
year ended Dec. 31, 2022. As of Sept. 30, 2024, Reshape
Lifesciences had $5.62 million in total assets, $4.13 million in
total liabilities, and $1.49 million in total stockholders'
equity.
The Company will be required to raise additional capital, however,
there can be no assurance as to whether additional financing will
be available on terms acceptable to the Company, if at all. If
sufficient funds on acceptable terms are not available when needed
it would have a negative impact on the Company's financial
condition and could force the Company to delay, limit, reduce, or
terminate product development or future commercialization efforts
or grant rights to develop and market product candidates or testing
products that the Company would otherwise plan to develop,
according to the Company's 10-K filing for the year ended Dec. 31,
2023 (filed with the SEC on April 1, 2024).
ROCK 51: 7 West 51st Street Lease Agreement Validly Terminated
--------------------------------------------------------------
Judge Michael E. Wiles of the United States Bankruptcy Court for
the Southern District of New York held that the lease agreement
between Rock 51, LLC, and Pref 7 West 51st Street, LLC was validly
terminated as of Aug. 9, 2024.
Rock 51, LLC, and Pref 7 West 51st Street, LLC entered into a lease
agreement dated Feb. 1, 2022 for non-residential real property
located at 7 West 51st Street, New York, NY. On
July 12, 2024, the Landlord sent a notice of default that included
a demand for payment of $389,984.37 of asserted rent arrears by
July 29, 2024. On July 26, 2024, Rock 51 made a partial payment of
$83,333, leaving a balance of $306,651.37. Rock 51 does not dispute
that rent payments were in arrears and does not dispute that it
failed to make the full payment that was needed to cure the
arrears.
On July 30, 2024, the Landlord sent a notice of termination,
informing Rock 51 of its election to terminate the Lease and the
tenancy as of Aug. 9, 2024. Rock 51 did not surrender the premises,
and the Landlord commenced a holdover proceeding on Sept. 4, 2024.
A trial was scheduled for Jan. 13, 2025, but was stayed by Rock
51's bankruptcy filing on Jan. 12, 2025.
The Landlord has asked for relief from the automatic stay and for
other relief. The Landlord's primary contention is that the Lease
was validly terminated as of Aug. 9, 2024, and that Rock 51 has no
rights to the Lease or to the premises that could be resurrected or
enforced in this bankruptcy case. Rock 51 contends that the Lease
was not validly terminated and that it wishes and intends to cure
the prior defaults and to assume the Lease pursuant to section 365
of the Bankruptcy Code.
Rock 51 contends that the notices were not addressed in the manner
required by the Lease and that the Notice of Default did not
contain sufficient warnings that a failure to cure the defaults
could result in the termination of the Lease.
The Court finds Rock 51's argument is without merit. The Lease does
not specify precisely how the Notices were to be addressed. Nor did
it specify how the Premises were to be described in the address
blocks for the notices. According to the Court, the Lease merely
requires the delivery of notices to Rock 51 "at" the Premises. The
Ground Floor and the Retail Space plainly were part of the
Premises. Accordingly, the Notices were addressed to, and delivered
to, Rock 51 "at" the Premises.
In this case, Rock 51 focuses on whether the Default Notice, by
itself, would have been sufficient to terminate the Lease. The
Lease itself makes clear that the Default Notice, by itself, could
not have done so. The purpose of the Default Notice was to inform
the Rock 51 of the default and to specify the time within which
that default would mature into an "Event of Default." Once an Event
of Default occurred, however, and once a Termination Notice was
sent, the termination of the Lease on the Termination Date required
no further events and no further action by any person. Instead, the
termination was automatic when the Termination Date occurred. Under
those circumstances the termination occurred pursuant to a
"conditional limitation" and was valid and effective on Aug. 9,
2024.
Judge Wiles concludes that the Default Notice and Termination
Notice were properly worded and were properly delivered to Rock 51
'at' the relevant premises, and the termination of the Lease
occurred as of Aug. 9, 2024, a number of months before the filing
of this bankruptcy case. Rock 51 therefore has no further rights to
the premises and no right or ability to assume the Lease, and the
Landlord is entitled to pursue the removal of Rock 51 from the
premises.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=gEFb3q from PacerMonitor.com.
Attorneys for Debtor Rock 51, LLC:
Kevin J. Nash, Esq.
GOLDBERG WEPRIN FINKLE GOLDSTEIN LLP
125 Park Avenue, 12th Floor
New York, NY 10017
Telephone: (212) 221-5700
E-mail: knash@gwfglaw.com
Attorneys for Pref 7 West 51st Street LLC:
Andrew R. Gottesman, Esq.
Brendan J. Durr, Esq
ROSENBERG & ESTIS, P.C.
733 Third Avenue
New York, NY 10017
Telephone: (212) 867-6000
E-mail: agottesman@rosenbergestis.com
About Rock 51 LLC
Rock 51 LLC is a limited liability company.
Rock 51 LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No.: 25-10034) on January 12, 2025. In
its petition, the Debtor reports estimated assets between $10
million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Michael E. Wiles handles the case.
Kevin J. Nash, Esq., at Goldberg Weprin Finkel Goldstein LLP,
represents the Debtor as counsel.
ROYAL HELIUM: Liquidity Crisis Prompts CCAA Filing; A&M as Monitor
------------------------------------------------------------------
Royal Helium Ltd. ("RHL"), Royal Helium Exploration Limited
("RHEL") and Imperial Helium Corp. ("IHC") (collectively,
"Companies") were granted an initial order ("Initial Order") by the
Court of King's Bench of Alberta ("Court") under the Companies'
Creditors Arrangement Act, as amended ("CCAA").
The Initial Order was granted by the Honourable Mr. Justice D.R.
Mah of the Court of King's Bench of Alberta. Alvarez & Marsal
Canada Inc. was appointed pursuant to the CCAA as monitor
("Monitor").
According to the Companies, they are experiencing a liquidity
crisis precipitated by the failed commissioning of the Steveville
Facility. In 2023, under the prior management team, RHL through
its subsidiary IHC, commissioned a state-of-the-art helium
purification facility, which was later completed and brought over
to its designated location in Steveville, Alberta. However, the
Companies encountered challenges commissioning the Steveville
Facility, resulting in greater than anticipated labour costs and
increased general and administrative expense.
The Companies added that they have been further impacted by the
theft of various pieces of equipment from the Steveville Facility.
It is estimated that the theft resulted in millions of dollars of
loss, and as a result the purification facility cannot be
recommissioned and operated in a cash flow positive manner until
capital expenditures are made to replace the equipment and repair
damage
Monitor can be reached at:
Alvarez & Marsal Holdings LLC
Attn: Orest Konowalchuk
202 6 Ave SW,
Calgary, AB T2P 2R9
Tel: 1-403-470-7478
Email: okonowalchuk@alvarezandmarsal.com
Counsel to the Monitor:
Burnet, Duckworth & Palmer, LLP
David LeGeyt
Jessica MacKinnon
2400, 525 - 8th Avenue S.W.
Calgary, Alberta T2P 1G1
Tel: 403-260-0210
Email: dlegeyt@bdplaw.com
jmackinnon@bdplaw.com
Lawyers for Royal Helium Ltd., Imperial Helium Corp and Royal
Helium Exploration Limited:
Reconstruct LLP
80 Richmond Street West, Suite 1700
Toronto, ON M5H 2A4
Caitlin Fell
Email: cfell@reconllp.com
Tel: 416-613-8282
Sharon Kour
Email: skour@reconllp.com
Tel: 416-613-8283
Royal Helium Ltd. engages in gas extraction and exploration.
RYLEE & COMPANY: Seeks Approval to Tap Hankins Eastup as Accountant
-------------------------------------------------------------------
Rylee & Company, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Texas to employ Hankins, Eastup,
Deaton, Tonn, Seay & Scarborough, LLC as accountant.
The Debtor needs an accountant to assist in the ordinary course of
preparation of reports, income tax returns, Texas franchise tax
returns, K-1's, and other documents required for federal and state
taxing authorities.
The firm's total engagement will be performed for an agreed cost of
$3,300.
Dan Tonn, CPA, a member at Hankins, Eastup, Deaton, Tonn, Seay &
Scarborough, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Dan Tonn, CPA
Hankins, Eastup, Deaton, Tonn, Seay & Scarborough, LLC
902 North Locust Street
Denton, TX 76201
Telephone: (940) 387-8563
Facsimile: (940) 383-4746
About Rylee & Company
Rylee & Company, LLC provides childcare services, generating
revenue from tuition, subsidies, and reimbursements while managing
operational costs like utilities, payroll, and supplies. The
company is undergoing financial reorganization to stabilize and
ensure sustainability.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Case No. 24-42062) with $500,000
to $1 million in assets and $1 million to $10 million in
liabilities.
The petition was signed by Amber Castillo, owner/director.
The Hon. Brenda T. Rhoades presides over the case.
The Debtor tapped Mark J. Petrocchi, Esq., at Griffith, Jay &
Michel, LLP as counsel and Hankins, Eastup, Deaton, Tonn, Seay &
Scarborough, LLC as accountant.
RYVYL INC: Halves Net Loss to $26.83 Million in 2024
----------------------------------------------------
RYVYL Inc. submitted its annual report on Form 10-K to the
Securities and Exchange Commission, showing a net loss of $26.83
million on $56 million in revenue for the year ending Dec. 31,
2024. This is an improvement compared to a net loss of $53.10
million on $65.87 million in revenue for the year ending Dec. 31,
2023. As of Dec. 31, 2024, the company's accumulated deficit stood
at $179.4 million.
As of Dec. 31, 2024, the Company had $122.28 million in total
assets, $123.77 million in total liabilities, and a total
stockholders' deficit of $1.49 million.
The Company's consolidated working capital at Dec. 31, 2024 was
negative $8.2 million, which included cash of $2.6 million and
restricted cash of $89.4 million. Historically, the Company has
financed its operations with proceeds from cash from operations,
the sales of equity securities, and its $100 million convertible
note. The Company's material liquidity needs principally relate to
working capital requirements and research and development
expenditures.
RYVYL mentioned that there is no guarantee it will be able to
generate enough revenue to produce sufficient cash flow from
operations, or secure additional funding through private
placements, public offerings, or bank loans, to meet its working
capital needs. If the funds raised through private placements,
public offerings, or bank financing are not enough, the Company
will need to find additional working capital. However, there is no
guarantee that the Company will be able to obtain further
financing, or if it does, that the terms will be favorable. The
Company warns that if it cannot secure sufficient working capital,
it may have to cease operations, which could result in investors
losing their entire investment.
In February 2024, the Company transitioned its QuickCard product in
North America away from terminal-based to app-based processing.
This transition was driven by a change in the Company's banking
partner that was prompted by recent changes in the compliance
environment and banking regulations impacting certain niche
high-risk business verticals, which were the predominant revenue
driver for QuickCard. The app-based processing model was
discontinued in the second quarter of 2024, and the Company
subsequently decided to introduce a licensing product for its
payments processing platform.
Due to the decline in revenues resulting from the product
transition, the Company's liquidity in its North America segment
has been adversely impacted. As a result, management has
determined that its cash in the North America segment as of Dec.
31, 2024, will not be sufficient to fund the segment's operations
and capital needs for the next 12 months from the date of this
Report.
In its report dated March 28, 2025, the Company's auditor, Simon &
Edward, LLP, issued a 'going concern' qualification, noting that
the transitioning of the Company's QuickCard product in North
America led to a significant decline in processing volume and
revenue, the recovery of these lost revenues is not expected until
late 2025. The loss of revenue resulting from this business
reorganization has jeopardized its ability to continue as a going
concern.
RYVYL stated its ability to continue as a going concern is
contingent upon the successful execution of management's intended
plan over the next twelve months to improve the liquidity of its
North America segment, which includes, without limitation:
* continued execution of its accelerated business development
efforts to drive volumes in diversified business verticals with the
Company's other products, including the recently launched licensing
of the Company's payments processing platform in certain niche
high-risk business verticals;
* continued implementation of cost control measures to more
effectively manage spending in the North America segment and
right-sizing the organization, where appropriate;
* the sale of noncore assets;
* continued repatriation of offshore profits from the Company's
European subsidiaries, whose continued accelerated growth and
generation of positive cash flow have already provided and the
Company believes will continue to provide, an immediate and viable
short-term source of capital during this product transition (to
date, the Company has repatriated approximately $17.6 million from
Europe); and,
* raising capital through a variety of means, including private
and public equity offerings and debt financings.
"Management has assessed that its intended plan described above, if
successfully implemented, is appropriate and sufficient to address
the liquidity shortfall in its North America segment and to provide
funds to cover operations for the next 12 months from the date of
the issuance of this Report. However, there can be no assurance
that we will be successful in implementing our plan, that the
Company projections of our future capital needs will prove
accurate, or that any additional funding will be sufficient to
continue our operations in the North America segment," the Company
noted.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1419275/000118518525000244/rvyl10k123124.htm
About Ryvyl Inc.
Ryvyl Inc. -- www.ryvyl.com -- is a financial technology company
that develops software platforms and tools that are focused on
providing global payment acceptance and disbursement capabilities.
RYVYL's strategy is rooted in its mission to transform the global
payments landscape through technology-driven, customer-centric, and
compliance-focused financial solutions. The Company's
first-generation product, QuickCard, was originally developed to
facilitate payment processing for predominantly cash-based
businesses in certain niche high-risk business verticals. It was a
comprehensive physical and virtual payment card processing
management system that offered a cloud-based network interface,
merchant management, and point-of-sale (POS) connectivity to
facilitate noncash payment methods such as credit cards, debit
cards and prepaid gift cards, and to subsequently disburse those
funds electronically to merchants upon request. In early 2024, in
response to evolving changes in the compliance environment and
banking regulations, the Company began transitioning QuickCard to a
fully virtual, app-based product. In mid-2024, the Company further
transitioned its QuickCard product from a direct offering to a
licensing model, whereby partners with more suitable compliance
capabilities could license the platform from the Company and offer
its payments processing capabilities in the same business verticals
the Company previously served directly.
SAMYS OC: Seeks to Hire Evans & Mullinix as Bankruptcy Counsel
--------------------------------------------------------------
Samys OC, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Kansas to employ Evans & Mullinix, PA to handle its
Chapter 11 case.
The firm will be paid at these hourly rates:
Colin N. Gotham $350
Paralegals $125
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received from the Debtor a retainer in the amount of
$10,000.
Colin Gotham, Esq., a partner at Evans & Mullinix, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Colin N. Gotham, Esq.
Evans & Mullinix, PA
7225 Renner Road, Suite 200
Shawnee, KS 66217
Telephone: (913) 962-8700
Facsimile: (913) 962-8701
Email: cgotham@emlawkc.com
About Samys OC
Samys OC, LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. D. Kansas Case No. 24-11166) on
Nov. 14, 2024, listing up to $50,000 in assets and $10 million to
$50 million in liabilities. The petition was signed by Amro M. Samy
as managing member.
Judge Mitchell L. Herren presides over the case.
Colin N. Gotham, Esq., at Evans & Mullinix, PA serves as the
Debtor's counsel.
SANTIAGO QUEZADA SR: Court Denies Objection to Claim No. 6
----------------------------------------------------------
Judge Sean H. Lane of the United States Bankruptcy Court for the
Southern District of New York denied Santiago Quezada, Sr.'s motion
for objection to Claim No. 6. Maria Pizarro's cross motion to file
her proof of claim after the claims bar date is granted.
On May 14, 2024, Santiago Quezada, Sr. filed a Chapter 11 petition
under Subchapter V seeking relief under the Bankruptcy Code. Maria
Pizarro is a prepetition judgment creditor of the Debtor and the
largest creditor in the Debtor's bankruptcy case.
Ms. Pizarro obtained the entry of a judgment against the Debtor in
an action before the Southern District of New York that arose, in
part, from an allegation of sexual abuse and an attempted rape. As
of the Petition Date, Ms. Pizarro had a judgment against the Debtor
in the amount of $2,972,108.12, plus post-judgment interest that
has accrued on that amount since February 2024.
The Debtor marked Ms. Pizarro's claim as disputed because of his
intention to appeal the judgment. However, according to Ms.
Pizarro's counsel, that judgment is final.
On Aug. 8, 2024, the Court entered an order establishing Sept. 13,
2024, as the last day for non-governmental creditors to file a
proof of claim.
On Dec. 23, 2024, the Debtor filed the Claim Objection, seeking to
disallow and expunge the Pizarro Claim filed on behalf of Ms.
Pizarro in its entirety.
Ms. Pizarro asserts that she did not receive actual notice of the
bar date setting the deadline for filing claims in the Debtor's
Chapter 11 case, and therefore the Court should deem her proof of
claim as timely, even though it was filed three months after the
bar date. In the alternative, Ms. Pizarro maintains that she meets
the excusable neglect standard to permit a late-filed claim.
The Court finds the Debtor was required to provide Ms. Pizarro with
actual written notice of the bar date and failed to do so. As
adequate notice of the bar date was not given, the Pizarro Claim
was and shall be considered timely filed given that the bar date
deadline cannot be enforced against her.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=mrFRaG from PacerMonitor.com.
Santiago Quezada, Sr. filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 24-22431) on May
14, 2024, listing under $1 million in both assets and liabilities.
The Debtor is represented by Norma Ortiz, Esq.
SASAS HOSPITALITY: Seeks to Hire Bach Law Offices as Counsel
------------------------------------------------------------
SASAS Hospitality LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Illinois to employ Bach Law Offices,
Inc. as counsel.
The firm will provide these services:
(a) represent the Debtor in matters concerning negotiation
with creditors; and
(b) prepare a plan and disclosures statement;
(c) examine and resolve claims filed against the estate; and
(d) prepare and prosecute adversary matters, and otherwise to
represent the Debtor in matters before the bankruptcy court.
The firm's attorneys will be paid at $425 per hour.
The firm received a retainer in the amount of $10,000 including the
filing fee of $1,738.
Paul M. Bach, Esq., and Penelope N. Bach, Esq., members at Bach Law
Offices, disclosed in court filings that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Paul M. Bach, Esq.
Penelope N. Bach, Esq.
Bach Law Offices, Inc.
P.O. Box 1285
Northbrook, IL 60062
Telephone: (847) 564 0808
About SASAS Hospitality
SASAS Hospitality LLC is a hospitality company that owns a property
at 5105 S Howell Ave, Milwaukee, Wis.
SASAS Hospitality filed Chapter 11 petition (Bankr. N.D. Ga. Case
No. 25-03643) on March 10, 2025. In its petition, the Debtor
reported between $1 million and $10 million in both assets and
liabilities.
Judge Jacqueline P. Cox handles the case.
Bach Law Offices, Inc. serves as the Debtor's counsel.
SAWYER TOWERS: NPAM to Sell Latitude Five25 to Nuveen for $7 Mil.
-----------------------------------------------------------------
On behalf of New Perspective Assets Management LLC, the Court
appointed receiver over the real property commonly known as 521 &
529 Sawyer Blvd., Columbus, Ohio 43203 and formerly known as Sawyer
Towers and now known as Latitude Five25 ("property"). The property
was placed into receivership for the benefit of creditors by the
Franklin County, Ohio Court of Common Pleas in Case No. 22 CV 7387,
the Hon. Judge Michael Holbrook presiding ("Court").
The receiver filed a motion with the Court dated March 20, 2025,
seeking to sell the property to Nuveen Global Investment LLC
pursuant to Ohio Revised Code for a purchase price of $7 million.
The proposed sale by the receiver to the buyer, if approved by the
Court, will be free and clear of all claims, liens, and
encumbrances to the maximum extent permitted under the Ohio Law,
and all claims related to the property will attach solely to the
proceeds of the sale, with further distributions to be made
pursuant to future Court order.
The sale has been conducted pursuant to a set of Court approved
sale procedures, copies of which are available upon request.
In addition to the sale of the property, the receiver is seeking
authorization to satisfy various sale related expenses, including
payment of a commission to the receiver's real estate broker, and
the receiver is further seeking authorization to satisfy at closing
all liens and encumbrances that were of record prior to the
appointment of the receiver. All other claims will attach to the
proceeds of the sale.
The rights of creditors, lienholders, former tenants or occupants,
and other claimants may be affected. If you do not submit a
written objection to the motion by April 21, 2025, the Court may
grant the motion without further notice or hearing. You may obtain
a copy of the motion from the Franklin County Common Pleas Clerk of
Court or by emailing counsel for the receiver, James A. Coutinho,
at countinho@asnalaw.com.
SEAGATE TECHNOLOGY: Egan-Jones Keeps B+ Senior Unsecured Ratings
----------------------------------------------------------------
Egan-Jones Ratings Company on April 3, 2025, maintained its 'B+'
foreign currency and local currency senior unsecured ratings on
debt issued by Seagate Technology ULC. EJR also maintained the
rating on commercial paper issued by the Company.
Seagate Technology ULC designs and manufacture hard disk drives.
SERVANT GROUP: Files Emergency Bid to Use Cash Collateral
---------------------------------------------------------
The Servant Group, LLC asked the U.S. Bankruptcy Court for the
District of Arizona for authority to use cash collateral.
The Debtor operates three licensed nursing homes and seeks to
continue operations. It needs to use cash collateral for ongoing
business, including paying operational expenses.
The U.S. Small Business Administration (SBA) holds a lien on the
cash collateral.
The Debtor proposed to provide adequate protection to SBA by
granting replacement liens on the same collateral.
About the Servant Group LLC
The Servant Group, LLC based in Surprise, Arizona, specializes in
providing nursing-supported residential homes for adults and
children with developmental disabilities. The Company offers a
variety of home and community-based services, including adult day
care, adult day health care, home health aide, personal care,
respite care, and visiting nurse services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-02541) on March 25,
2025. In the petition signed by Stephanie Belton Hands, owner or
manager, the Debtor disclosed up to $100,000 in assets and up to
$10 million in liabilities.
Judge Brenda K. Martin oversees the case.
Patrick Keery, Esq. at Keery McCue, PLLC, represents the Debtor as
legal counsel.
SHENANDOAH MEDICAL: Gets Final OK to Use Cash Collateral
--------------------------------------------------------
Shenandoah Medical Care Center, LLC received final approval from
the U.S. Bankruptcy Court for the Southern District of Florida,
West Palm Beach Division, to use the cash collateral of its secured
creditors.
The final order signed by Judge Erik Kimball authorized the company
to use cash collateral to pay the expenses set forth in its budget,
subject to a 10% variance per line item.
As protection, secured creditors Bank United N.A., the U.S. Small
Business Administration and CT Corporation System, as
representative, were granted a replacement lien on Shenandoah's
property to the same extent as their respective pre-bankruptcy
liens.
If it turns out any creditor is under-secured, the replacement lien
gets superpriority status under Section 507(b), subject to and
junior to U.S. Trustee fees, court costs, and administrative fees.
About Shenandoah Medical Care Center
Shenandoah Medical Care Center, LLC sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-23207)
on December 18, 2024, with $500,001 to $1 million in both assets
and liabilities. Joy Mowett-Fuller, company owner and manager,
signed the petition.
Judge Erik P. Kimball oversees the case.
The Debtor is represented by:
Monique D. Hayes, Esq.
Dgim Law, PLLC
Tel: 305-898-2063
Email: monique@dgimlaw.com
SHENANDOAH TELECOMMUNICATIONS: Egan-Jones Cuts Ratings to BB-
-------------------------------------------------------------
Egan-Jones Ratings Company on March 31, 2025, upgraded the foreign
currency and local currency senior unsecured ratings on debt issued
by Shenandoah Telecommunications Co to BB- from BB. EJR also
maintained the rating on commercial paper issued by the Company.
Shenandoah Telecommunications Company, doing business as Shentel,
is a publicly traded telecommunications company headquartered in
Edinburg, Virginia.
SHRIJEE LLC: Files Emergency Bid to Use Cash Collateral
-------------------------------------------------------
Shrijee, LLC asked the U.S. Bankruptcy Court for the Eastern
District of Wisconsin for authority to use cash collateral.
The Debtor owns the Days Inn by Wyndham Manitowoc hotel and
operates it with limited staff, including family members. The
business had to close temporarily during the COVID-19 pandemic and
has since incurred over $2 million in renovation costs to recover
and improve the Hotel's operations.
The Debtor has secured financing from Newtek Small Business Finance
and the U.S. Small Business Administration, both of which hold
liens on the Debtor's assets. The Debtor needs to use revenue
generated from the Hotel (classified as cash collateral) to
maintain operations, make payroll, and pay other necessary
expenses.
The Debtor intends to negotiate and provide adequate protection, as
necessary, to Newtek and the SBA as necessary to prevent the
diminution of cash collateral of Newtek and the SBA, which will
include replacement liens, cash payments, or other forms of
security as determined upon further negotiations between the
Debtor, Newtek and the SBA.
A court hearing is set for April 11.
About Shrijee LLC
Shrijee LLC provides accommodation and food services, operating
under the names Econo Lodge and Days Inn by Wyndham Manitowoc,
offering lodging and dining experiences to customers.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Wisc. Case No. 25-21511) on March 24,
2025. In the petition signed by Ankur Patel, member, the Debtor
disclosed up to $10 million in both assets and liabilities.
Noe J. Rincon, Esq., at KREKELER LAW, S.C., represents the Debtor
as legal counsel.
SICHEM INC: Unsecureds to Split $168K Dividend over 5 Years
-----------------------------------------------------------
Sichem, Inc. filed with the U.S. Bankruptcy Court for the Northern
District of Texas a First Amended Plan of Reorganization dated
March 9, 2025.
The Debtor is a Texas corporation formed on January 18, 2022, and
currently operates from Burleson, Texas. Debtor's primary source of
revenue is derived from operating two Schlotzsky's restaurant
franchises.
The Plan provides for a reorganization and restructuring of the
Debtor's financial obligations.
The Plan provides for a distribution to Creditors in accordance
with the terms of the Plan from the Debtor over the course of five
years from the Debtor's continued business operations.
Class 3 consists of non-priority unsecured claims. Each holder of
an Allowed Unsecured Claim in Class 3 shall be paid by Reorganized
Debtor from an unsecured creditor pool, which pool shall be funded
at the rate of $1,000.00 per month for the first 24 months and
$4,000.00 for the remaining 36 months. Payments from the unsecured
creditor pool shall be paid quarterly, for a period not to exceed 5
years (20 quarterly payments) and the first quarterly payment will
be due on the 20th day of the first full calendar month following
the last day of the first quarter after the effective date.
The Debtor estimates the aggregate of all Allowed Class 3 Claims is
less than $1,300,000.00 based upon the Debtor's review of the
Court's claim register, Debtor's bankruptcy schedules, and
anticipated Claim objections.
Class 4 consists of the holders of Allowed Interests in the Debtor.
The holder of an Allowed Class 4 Interest shall retain their
interests in the Reorganized Debtor.
The Plan provides for a $168,000 dividend to all unsecured
creditors over a period of 5 years. The Debtor contends the Plan
provides for a greater dividend to all creditors than would a
liquidation of assets under chapter 7.
From and after the effective date, in accordance with the terms of
this Plan and the confirmation order, the Reorganized Debtor shall
perform all obligations under all executory contracts and unexpired
leased assumed in accordance with Article 6 of this Plan.
A full-text copy of the First Amended Plan dated March 9, 2025 is
available at https://urlcurt.com/u?l=22cMog from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
Demarco Mitchell PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 578-1400
Fax: (972) 346-6791
Email robert@demarcomitchell.com
mike@demarcomitchell.com
About Sichem Inc.
Sichem Inc. provides anti-bacterial coatings, anti-virus coatings
and anti-fungi coatings and help prevent the spread of harmful
microorganisms.
Sichem Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 24-44555) on December 17, 2024. In
the petition filed by Ademola Oyerokun, as president, the Debtor
reports estimated assets between $100,000 and $500,000 and
estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Ademola Oyerokun handles the case.
The Debtor is represented by Robert T DeMarco, Esq., at DEMARCO
MITCHELL, PLLC.
SOAP BOX: Seeks to Hire Fang & Associates as Tax Consultant
-----------------------------------------------------------
Soap Box Cleaners seeks approval from the U.S. Bankruptcy Court for
the Northern District of California to employ Fang & Associates LLC
as tax consultant.
The firm will provide these services:
(a) preparation and filing of federal, state, and local tax
returns;
(b) tax planning and compliance assistance for the Debtor
during the Chapter 11 case;
(c) advising on tax consequences of the reorganization plan;
(d) assistance with Internal Revenue Service (IRS) or state
tax audits or inquiries as needed; and
(e) other tax-related services as requested by the Debtor and
approved by the court.
The firm will be paid at a flat fee of $1,200 per year for specific
services.
The firm disclosed in a court filing that it is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Fang & Associates LLC
5929 Mission St.
San Francisco, CA 94112
Telephone: (415) 812-1849
About Soap Box Cleaners
Soap Box Cleaners is engaged in the laundry and dry-cleaning
industry, providing laundry pickup and delivery services.
Soap Box Cleaners sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-30084) on January 31,
2025. In its petition, the Debtor reported between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
The Debtor tapped The Law Offices of Eric J. Gravel as counsel and
Fang & Associates LLC as tax consultant.
SOLUNA HOLDINGS: Secures $5M Non-Dilutive Loan From Galaxy Digital
------------------------------------------------------------------
Soluna Holdings, Inc. has successfully closed a $5 million loan
facility with Galaxy Digital, a financial services and investment
management innovator in the digital asset and blockchain technology
sectors.
The loan will have a five-year term. It is secured, with limited
recourse to the parent company--highlighting the strength of
project-level standalone cash flows and the ability to attract
institutional financing. The Company has the right to prepay the
loan, in whole or in part, at any time, subject to certain
requirements defined by the Loan Agreement.
"This deal underscores the strength of our project cash flows and
demonstrates investor confidence in our ability to monetize energy
through AI and Bitcoin mining," said John Belizaire, CEO of Soluna
Holdings, Inc. "Simply put, the assets we build are durable and
very, very valuable. With this financing, we gain access to
additional capital to accelerate our execution--without diluting
our shareholders."
"We're excited to support Soluna with this financing," said Max
Bareiss, Head of Lending at Galaxy. "This deal reflects our
confidence in Soluna's business model and growth potential while
underscoring our commitment to providing strategic capital to
innovative companies at the forefront of technology."
Nixon Peabody LLP acted as legal counsel to the Company. Orrick,
Herrington & Sutcliffe LLP acted as legal counsel to Galaxy
Digital.
Highlights of the Non-Dilutive Debt Financing:
* $5 million term loan
* Five-year amortizing term
* Non-dilutive debt financing with no equity features
* Security is limited to the assets at the project level,
with a limited recourse parent company guarantee
* Supports Soluna's continued project development and
expansion
This financing marks another milestone in Soluna's commitment to
delivering sustainable, scalable computing solutions.
For more information about Soluna and its mission to make renewable
energy a global superpower, visit www.solunacomputing.com.
About Soluna Holdings
Headquartered in Albany, New York, Soluna Holdings designs,
develops, and operates digital infrastructure that transforms
surplus renewable energy into global computing resources. The
Company's modular data centers can be co-located with wind, solar,
or hydroelectric power plants and support compute-intensive
applications, including Bitcoin mining, generative AI, and
scientific computing. This approach aids in energizing a greener
grid while providing cost-effective and sustainable computing
solutions.
Going Concern
The Company was in a net loss, has negative working capital, and
has significant outstanding debt as of March 31, 2024. These
factors, among others, indicate that there is substantial doubt
about the Company's ability to continue as a going concern within
one year after the issuance of the Company's condensed financial
statements, according to the Company's Quarterly Report for the
period ended March 31, 2024.
As of June 30, 2024, Soluna Holdings reported $98.68 million in
total assets, $48.74 million in total liabilities, and $49.93
million in total equity.
SOPHIA HOSPITALITY: Seeks to Hire Bach Law Offices as Counsel
-------------------------------------------------------------
Sophia Hospitality LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to employ Bach Law
Offices, Inc. as counsel.
The firm will provide these services:
(a) represent the Debtor in matters concerning negotiation
with creditors; and
(b) prepare a plan and disclosures statement;
(c) examine and resolve claims filed against the estate; and
(d) prepare and prosecute adversary matters, and otherwise to
represent the Debtor in matters before the bankruptcy court.
The firm's attorneys will be paid at $425 per hour.
The firm received a retainer in the amount of $10,000 including the
filing fee of $1,738.
Paul M. Bach, Esq., and Penelope N. Bach, Esq., members at Bach Law
Offices, disclosed in court filings that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Paul M. Bach, Esq.
Penelope N. Bach, Esq.
Bach Law Offices, Inc.
P.O. Box 1285
Northbrook, IL 60062
Telephone: (847) 564 0808
About Sophia Hospitality
Sophia Hospitality, LLC, a company in Skokie, Ill., filed Chapter
11 petition (Bankr. N.D. Ill. Case No. 25-03361) on March 5, 2025,
listing between $10 million and $50 million in assets and between
$1 million and $10 million in liabilities. The petition was signed
by Amin Amdani as member.
Judge David D. Cleary oversees the case.
Bach Law Offices, Inc. serves as the Debtor's counsel.
SORRENTO THERAPEUTICS: Committee's Appeal on Discovery Issue Tossed
-------------------------------------------------------------------
In the case captioned as THE OFFICIAL COMMITTEE OF EQUITY
SECURITIES HOLDERS, Appellant, v. SORRENTO THERAPEUTICS, INC., et
al., and ELIZABETH C. FREEMAN, Appellee, Case No. H-24-00031 (S.D.
Tex.), Senior Judge Lee H. Rosenthal of the United States District
Court for the Southern District of Texas dismissed the appeal of
the Official Committee of Equity Securities Holders from the Dec.
18, 2023 order of the United States Bankruptcy Court for the
Southern District of Texas denying its motion for discovery under
Rule 2004 of the Federal Rules of Bankruptcy Procedure.
This bankruptcy appeal is one of many cases arising out of the
relationship between Elizabeth Freeman, a bankruptcy lawyer, and
former bankruptcy judge David R. Jones. The Committee sought an
order from the bankruptcy court authorizing the Committee to
conduct discovery into Elizabeth Freeman's involvement in the
underlying Chapter 11 bankruptcy. Judge Christopher M. Lopez held a
hearing on the Committee's motion and denied it, finding that the
discovery requests were neither relevant nor necessary. The
Committee argues that the bankruptcy court erred because the
Committee was prejudiced by Ms. Freeman's brief involvement as
conflicts counsel in Sorrento's Chapter 11 case while Judge Jones
was the presiding judge.
The debtor in the Chapter 11 case, Sorrento Therapeutics, seeks to
dismiss the appeal,
arguing that:
(1) the Committee lacks standing to pursue the appeal because
the Committee dissolved upon the effective date of Sorrento's
Chapter 11 bankruptcy plan;
(2) the court lacks jurisdiction over the appeal because the
Order was not a final order; and
(3) the bankruptcy court did not abuse its discretion in denying
the Rule 2004 discovery motion.
Sorrento asserts that the District Court does not have jurisdiction
to hear the Committee's appeal because the bankruptcy court's order
is nori-final and interlocutory.
The Committee counters that the order was final because it wholly
closed the door to the Committee's access to discovery into Judge
Jones's and Ms. Freeman's relationship, which the
Committee sought to determine whether to object to the debtors'
attorneys' fees application.
The District Court finds the requirements for leave to appeal are
not met.
Even assuming that the District Court has jurisdiction over the
appeal from the bankruptcy court's order denying the Committee's
motion for discovery under Rule 2004, the bankruptcy court acted in
its sound discretion in denying the motion.
Judge Rosenthal holds, "The record on appeal shows no evidence of
actual prejudice to the Committee resulting from Ms. Freeman's
involvement in the case while Judge Jones presided over it. The
bankruptcy court did not abuse its discretion in finding that the
Committee did not meet its burden to show good cause to permit the
Rule 2004 discovery and in denying its motion to conduct such
discovery."
The District Court lacks jurisdiction to decide the Committee's
motion and, alternatively, finds no basis to do so.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=1yvcBn from PacerMonitor.com.
About Sorrento Therapeutics
Sorrento Therapeutics, Inc. --
http://www.sorrentotherapeutics.com/-- is a clinical and
commercial stage biopharmaceutical company developing new therapies
to treat cancer, pain (non-opioid treatments), autoimmune disease
and COVID-19. Sorrento's multimodal, multipronged approach to
fighting cancer is made possible by its extensive immuno-oncology
platforms, including key
assets such as next-generation tyrosine kinase inhibitors "TKIs"),
fully human antibodies ("G-MAB(TM) library"), immuno-cellular
therapies ("DAR-T(TM)"), antibody-drug conjugates ("ADCs"), and
oncolytic virus ("Seprehvec(TM)"). Sorrento is also developing
potential antiviral therapies and vaccines against coronaviruses,
including STI-1558, COVISHIELD(TM) and COVIDROPS(TM), COVI-MSCTM;
and diagnostic test solutions, including COVIMARK(TM).
Sorrento Therapeutics, Inc., and Scintilla Pharmaceuticals, Inc.,
sought Chapter 11 protection (Bankr. S.D. Tex. Lead Case No.
23-90085) on Feb. 13, 2023. Sorrento disclosed assets in excess of
$1 billion and liabilities of about $235 million as of Feb. 10,
2023.
Judge David R. Jones originally oversaw the cases.
The Debtors tapped Latham & Watkins, LLP as bankruptcy counsel;
Jackson Walker, LLP as local counsel; Tran Singh, LLP as conflicts
counsel; and M3 Advisory Partners, LP as financial advisor. Mohsin
Y. Meghji, managing partner at M3, serves as the Debtors' chief
restructuring officer. Stretto Inc. is the claims, noticing and
solicitation agent.
Norton Rose Fulbright US, LLP and Milbank, LLP represent the
official committee of unsecured creditors appointed in the Debtors'
Chapter 11 cases.
On April 10, 2023, the U.S. Trustee for Region 7 appointed an
official committee to represent the Debtors' equity security
holders.
On April 10, 2023, the U.S. Trustee for Region 7 appointed an
official committee to represent the Debtors' equity security
holders. Glenn Agre Bergman & Fuentes, LLP and Greenberg Traurig,
LLP serve as the equity committee's bankruptcy counsel.
SOUTHFIELD VENTURES: Case Summary & Five Unsecured Creditors
------------------------------------------------------------
Debtor: Southfield Ventures, LLC
4627 Arriba Drive
Tarzana CA 91356
Business Description: The Debtor's main assets are situated at
28100 Franklin Rd., Southfield, MI 91356.
Chapter 11 Petition Date: March 26, 2025
Court: United States Bankruptcy Court
Eastern District of Michigan
Case No.: 25-43322
Judge: Hon. Thomas J Tucker
Debtor's Counsel: Bruce R. Babcock, Esq.
LAW OFFICE OF BRUCE R. BABCOCK
1835 Sunset Cliffs Blvd., Ste. 101
San Diego, CA 92107
Tel: (619) 222-2661
E-mail: brbab@hotmail.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
Ernest C. Barreca, acting as manager, affixed his signature to the
petition.
A copy of the Debtor's list of five unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/NWSNIUA/Southfield_Ventures_LLC__miebke-25-43322__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NK4FGPA/Southfield_Ventures_LLC__miebke-25-43322__0001.0.pdf?mcid=tGE4TAMA
SOUTHWEST AIRLINES: Egan-Jones Keeps BB Senior Unsecured Ratings
----------------------------------------------------------------
Egan-Jones Ratings Company on April 2, 2025, maintained its 'BB'
foreign currency and local currency senior unsecured ratings on
debt issued by Southwest Airlines Co. EJR also maintained the
rating on commercial paper issued by the Company.
Southwest Airlines Co., or simply Southwest, is a major airline in
the United States that formerly operated on a low-cost carrier
model.
SPENCER & ASSOCIATES: Gets Interim OK to Use Cash Collateral
------------------------------------------------------------
Spencer & Associates Therapeutic Alliance, PLLC received interim
approval from the U.S. Bankruptcy Court for the Southern District
of Texas, Houston Division, to use cash collateral.
The Debtor needs to use cash collateral for covering essential
expenses such as payroll, maintenance, and other operating costs
for the Debtor's outpatient mental health clinic.
The parties that may assert interests in the cash collateral
include the U.S. Small Business Administration, Unknown Creditor
(CHTD Company), Unknown Creditor (C T Corporation), APP Funding
Beta LLC, Wellen Capital, LLC, and Timeless Funding.
As protection, secured creditors were granted replacement liens on
post-petition cash collateral and property to the same extent and
with the same priority as their pre-bankruptcy liens.
The final hearing is scheduled for April 29.
About Spencer & Associates Therapeutic Alliance
Spencer & Associates Therapeutic Alliance, PLLC operates an
outpatient mental health clinic.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-31668) on March 28,
2025. In the petition signed by Regina Spencer, owner, the Debtor
disclosed $500,000 in assets and $10 million in liabilities.
Judge Eduardo V. Rodriguez oversees the case.
Robert C Lane, Esq., the Lane Law Firm, represents the Debtor as
bankruptcy counsel.
SPHERE 3D: Launches First Owned Bitcoin Mining Site
---------------------------------------------------
Sphere 3D Corp. announced that its newest Bitcoin mining site in
Iowa is officially online. This milestone represents a significant
strategic shift for the Company as it moves away from hosted and
third-party mining operations toward full ownership and control of
its infrastructure.
By directly managing its infrastructure and energy procurement, the
Company is poised to significantly improve efficiency and increase
profit margins, leveraging historically low energy prices below $4
per MWh. The transition to a vertically integrated model allows
Sphere 3D to directly control power procurement, optimize
operational efficiency, and enhance long-term scalability. By
owning the facility end-to-end, the Company gains greater
flexibility over its cost structure and energy strategy,
positioning itself for sustainable growth in an evolving market.
"This launch marks a pivotal moment for our Company," said Kurt
Kalbfleisch, Acting CEO of Sphere 3D. "By taking full control of
our mining infrastructure, we can operate more efficiently, improve
margins, and future-proof our business against shifting industry
dynamics. Vertical integration is the next step in our evolution
and strengthens our ability to thrive in an increasingly
competitive Bitcoin mining landscape."
As Bitcoin mining continues to evolve, Sphere 3D remains committed
to scaling its operations, improving efficiency, and maintaining
its leadership in high-margin, sustainable mining practices. The
launch of this facility marks the beginning of a new growth phase,
as the Company explores additional opportunities to expand its
vertically integrated model in strategic locations.
About Sphere 3D
Sphere 3D Corp. (NASDAQ: ANY) -- http://www.Sphere3D.com/-- is a
cryptocurrency miner growing its industrial-scale Bitcoin mining
operation through the capital-efficient procurement of
next-generation mining equipment and partnering with best-in-class
data center operators. Headquartered in Stamford, CT, Sphere 3D is
dedicated to growing shareholder value while honoring its
commitment to strict environmental, social, and governance
standards.
Houston, Texas-based MaloneBailey, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
March 13, 2024. The report emphasizes that the Company has suffered
recurring losses from operations and does not expect to have
sufficient working capital to fund its operations, which raises
substantial doubt about its ability to continue as a going
concern.
As of Sept. 30, 2024, Sphere 3D had $44.26 million in total assets,
$3.55 million in total current liabilities, $4.86 million in
temporary equity, and $35.85 million in total shareholders' equity.
SPHERE 3D: Slashes 2024 Net Loss by Half, Ending the Year at $9.47M
-------------------------------------------------------------------
Sphere 3D Corp. reported a smaller net loss of $9.47 million for
2024, significantly improving from the previous year's loss of
$23.33 million, according to the Company's Annual Report on Form
10-K filed with the Securities and Exchange Commission. This
reduction in losses occurred despite a decrease in total revenues
to $16.61 million in 2024, down from $21.91 million in 2023.
However, the Company cautioned that it has limited non-recurring
revenues from operations, and it has a history of net losses.
Sphere 3D warned that it may continue to experience losses through
2025 and may not be able to achieve or maintain profitability in
the near future.
Sphere 3D's principal sources of liquidity are its existing cash,
cash equivalents and available-for-sale equity securities. The
Company expects to fund its operations going forward with existing
cash resources, anticipated revenue from its Bitcoin mining
operation, and cash that it may raise through future financing
transactions.
As of Dec. 31, 2024, the Company had $43.23 million in total
assets, $3.90 million in total current liabilities, and $39.32
million in total shareholders' equity. At Dec. 31, 2024, the
Company had cash and cash equivalents of $5.4 million compared to
$0.6 million at Dec. 31, 2023. As of Dec. 31, 2024, the Company
had working capital of $13.9 million, reflecting an increase in
current assets of $4.3 million and a decrease in current
liabilities of $1.5 million primarily related to an increase in
cash and the unrealized gain on its investment in equity
securities. The Company said cash management continues to be a
priority and it is phasing out high-cost hosting contracts,
leveraging its access to capital, and reducing its overall mining
costs.
Sphere 3D mentioned it is subject to many risks common to
early-stage enterprises, including under-capitalization, cash
shortages, limitations with respect to personnel, financial, and
other resources. There is no assurance that it will be successful
in achieving a return on shareholders' investment and the
likelihood of success must be considered considering its stage of
operations.
The Company projected that in the future, it may continue to pursue
acquisitions of assets, products, or businesses that it believes
are complementary to its existing business and/or to enhance its
market position or expand its product portfolio. However, the
Company recognized there is a risk that it will not be able to
identify suitable acquisition candidates available for sale at
reasonable prices, complete any acquisition, or successfully
integrate any acquired product or business into its operations.
The Company is likely to face competition for acquisition
candidates from other parties including those that have
substantially greater available resources.
In its report dated March 28, 2025, the Company's auditor
MaloneBailey, LLP, issued a "going concern" qualification citing
that the Company has suffered recurring losses from operations and
does not expect to have sufficient cash on hand to fund its
operations that raises substantial doubt about its ability to
continue as a going concern.
The Company anticipates that its recurring losses, negative cash
flows from operating activities, and the hashing rate as of
December 31, 2024, may result in insufficient cash on hand to
continue operations. Without additional funding, there is
substantial doubt about the Company's ability to remain a going
concern within 12 months from the date of the financial statement
issuance. Furthermore, the Company expects its working capital
needs to increase as it continues to expand and enhance its
operations. The Company also holds an investment in equity
securities that can be liquidated if necessary to support its
operational funding needs.
"Our ability to raise additional funds for working capital through
equity or debt financings or other sources may depend on the
financial success of our business and successful implementation of
our key strategic initiatives, financial, economic and market
conditions and other factors, some of which are beyond our control.
We require additional capital and if we are unsuccessful in raising
that capital at a reasonable cost and at the required times, or at
all, we may not be able to continue our business operations in the
cryptocurrency mining industry or we may be unable to advance our
growth initiatives, either of which could adversely impact our
business, financial condition and results of operations. In an
effort to mitigate these risks we expect to take steps to lower our
cost of mining and also refresh our mining fleet to increase our
mining efficiency," the Company emphasized.
The full text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/1591956/000162828025015457/any-20241231.htm
About Sphere 3D
Sphere 3D Corp. (Nasdaq: ANY) is a cryptocurrency miner, growing
its industrial-scale digital asset mining operation through the
capital-efficient procurement of next-generation mining equipment
and partnering with best-in-class data center operators. Sphere 3D
is dedicated to increasing shareholder value while honoring its
commitment to strict environmental, social, and governance
standards. For more information about the Company, please visit
Sphere3D.com.
SPIRIT AIRLINES: CEO Ted Christie Resigns After Co. Exits Ch. 11
----------------------------------------------------------------
Mary Schlangenstein of Bloomberg News reports that Ted Christie has
stepped down as CEO and board member of Spirit Airlines, parent
company Spirit Aviation Holdings Inc. announced Monday, April 8,
2025. His departure is effective immediately and comes less than a
month after the ultra-low-cost carrier emerged from bankruptcy.
Until a new CEO is appointed, the airline will be overseen by a
trio of senior executives. The company also confirmed that Chief
Commercial Officer Matt Klein will be leaving, according to
Bloomberg News.
The leadership shakeup follows a turbulent period for Spirit, which
narrowly avoided a merger with JetBlue Airways before the deal was
blocked due to antitrust concerns, the report states.
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.
SSR HOSPITALITY: Gets OK to Hire Bach Law Offices as Attorney
-------------------------------------------------------------
SSR Hospitality, LLC received approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to hire Bach Law
Offices, Inc. as attorneys.
The firm will provide these services:
a. represent the Debtor in matters concerning negotiation with
creditors; and
b. prepare a plan and disclosures statement, examining and
resolving claims filed against the estate, preparation and
prosecution of adversary matters, and otherwise to represent each
Debtor in matters before the bankruptcy court.
The firm will be paid at $425 per hour.
The firm was paid a retainer in the amount of $10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Paul M. Bach, Esq., a partner at Bach Law Offices, Inc., disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Paul M. Bach, Esq.
Penelope N. Bach, Esq.
Bach Law Offices, Inc.
P.O. BOX 1285
Northbrook, IL 60062
Telephone: (847) 564 0808
About SSR Hospitality
SSR Hospitality, LLC is a hospitality management company in Skokie,
Ill., specializing in owning, operating, and managing hotels and
related properties.
SSR Hospitality filed Chapter 11 petition (Bankr. N.D. Ill. Case
No. 25-02208) on February 13, 2025, listing between $1 million and
$10 million in both assets and liabilities.
Judge Deborah L. Thorne handles the case.
Penelope Bach, Esq., at Bach Law Offices is the Debtor's bankruptcy
counsel.
SSS MILWAUKEE: Seeks Approval to Hire Bach Law Offices as Counsel
-----------------------------------------------------------------
SSS Milwaukee Hospitality LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to employ
Bach Law Offices, Inc. as counsel.
The firm will provide these services:
(a) represent the Debtor in matters concerning negotiation
with creditors; and
(b) prepare a plan and disclosures statement;
(c) examine and resolve claims filed against the estate; and
(d) prepare and prosecute adversary matters, and otherwise to
represent the Debtor in matters before the bankruptcy court.
The firm's attorneys will be paid at $425 per hour.
The firm received a retainer in the amount of $10,000 including the
filing fee of $1,738.
Paul M. Bach, Esq., and Penelope N. Bach, Esq., members at Bach Law
Offices, disclosed in court filings that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Paul M. Bach, Esq.
Penelope N. Bach, Esq.
Bach Law Offices, Inc.
P.O. Box 1285
Northbrook, IL 60062
Telephone: (847) 564 0808
About SSS Milwaukee Hospitality
SSS Milwaukee Hospitality, LLC is a hospitality company that owns a
hotel located at 5311 South Howell Avenue in Milwaukee, Wis.
SSS Milwaukee Hospitality filed Chapter 11 petition (Bankr. N.D.
Ill. Case No. 25-03642) on March 10, 2025. In its petition, the
Debtor reported between $1 million and $10 million in assets and
between $10 million and $50 million in liabilities.
Judge David D. Cleary handles the case.
Bach Law Offices, Inc. serves as the Debtor's counsel.
STEELCASE INC: Moody's Hikes CFR to Ba1 & Alters Outlook to Stable
------------------------------------------------------------------
Moody's Ratings upgraded Steelcase Inc.'s (Steelcase) ratings
including its Corporate Family Rating to Ba1 from Ba2, Probability
of Default Rating to Ba1-PD from Ba2-PD, and the rating on the
company's senior unsecured notes due 2029 to Ba2 from Ba3. The
company's speculative grade liquidity rating is unchanged at SGL-1
and the outlook changed to stable from positive.
The ratings upgrade reflects Steelcase's good credit metrics with
low financial leverage and very good liquidity underpinned by its
healthy and growing cash balance, low net funded debt position and
Moody's expectations for continued positive annual free cash flow
generation. The company's organic order performance in the fiscal
year ending February 2025 and its expectations for organic revenue
growth in fiscal 2026 points to a stabilization of revenue.
For the fourth quarter of fiscal 2025 Steelcase reported an organic
order growth of 9%, driven by the Americas, its biggest segment,
with good order growth of 12%. The company's organic revenue
declined 3% during the quarter but the backlog increased 11% versus
the same period last year. For the full fiscal year 2025 Steelcase
reported flat year-over-year organic revenue and company-adjusted
EBITDA, as positive operating results in the Americas were offset
by lower revenue and profitability in its International segment.
The stable revenue and earnings supported positive free cash flow
of around $54 million (after dividends) in fiscal 2025 and the
company's debt/EBITDA leverage is low at 2.2x at the end of fiscal
2025, or around 1.0x net of cash.
The company expects organic revenue growth in the mid-single digit
percentage range and modest operating margin expansion in fiscal
2026, supported by the healthy beginning backlog and a stable
macroeconomic environment. Steelcase expects profit margin will
benefit from ongoing cost reductions overall, and expects it will
improve profitability in the international segment, which it
anticipates will be breakeven for the full fiscal 2026 year.
Moody's expects that Steelcase will continue to maintain good
credit metrics including debt/EBITDA in the low 2x range with very
good liquidity and low net debt over the next 12-18 months.
Nonetheless, Moody's continues to believe there is some downside
risk due to challenges within the office space market with ongoing
high vacancy rates. There is also macroeconomic uncertainty related
to the US tariffs that negatively impacts business confidence and
could lower volumes in the contract office furniture industry. The
company is targeting to offset the increased costs related to
tariffs with pricing actions, including a tariff recovery charge in
the Americas. Moody's believes there is risk that these actions may
not fully mitigate the additional costs and that actions such as
price increases may result in volume declines. Moody's anticipates
the EBITDA margin will remain flat over the next 12-to-18 months in
Moody's base case projections, but margin risks are weighted toward
the downside.
RATINGS RATIONALE
Steelcase's Ba1 CFR credit profile reflects its leading market
share and strong brands in office furniture, good end market
diversification, and good geographic reach in North America,
Europe, and Asia. Offices will remain an important contributor to
workplace culture and collaboration. However, secular shifts toward
remote work and less office space demand create uncertainty
regarding the level of recurring demand for office furniture.
Steelcase's susceptibility to revenue cyclicality in economic
downturns as well as its moderate size with a low EBITDA margin
constrain the credit profile. The company's low financial leverage
with debt/EBITDA at around 2.2x at the end fiscal year 2025 and
very good liquidity provides good financial flexibility to invest
and navigate office space market uncertainties and supports the
rating. Liquidity benefits from a healthy cash and short-term
investment balances of approximately $390 milion at the end of
fiscal 2025, which is meaningful relative to the $450 million notes
due 2029 that is the only outstanding funded debt outstanding,
Moody's projections for at least $80 million of free cash flow in
fiscal 2026 and the absence of near-term maturities.
Steelcase's business is exposed to an office space market that
remains challenging with low new construction activity and high
vacancy rates. The company's revenue and EBITDA remain below
pre-pandemic levels, and Moody's believes office space demand will
remain well below pre-pandemic levels for the foreseeable future
due to the secular shift towards remote work. The company's
business strategies have led to acquisitions that amidst a shifting
demand landscape may add event risk, while also increasing its
revenue and earnings base. The very good liquidity position is
critical to the rating given these uncertainties. Moody's assumes
in the ratings that the company will maintain a sizable cash and
short term investment balance and utilize this liquidity for
investment including tuck-in acquisitions and not meaningful
shareholder distributions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The stable outlook reflects Moody's expectations that Steelcase
will maintain good credit metrics with low net debt and very good
liquidity over the next 12-18 months, which provides good financial
flexibility to navigate the ongoing challenging office space market
and macroeconomic uncertainty.
The ratings could be upgraded if Steelcase meaningfully and
sustainably increases the EBITDA margin to the low-to-mid teens
percentage range, and generates strong and consistent positive free
cash flow generation, and maintains conservative financial policies
that support low leverage and very good liquidity. A ratings
upgrade would also require a track record of organic revenue growth
and stability and sustained growth visibility in the office space
sector.
The ratings could be downgraded if the company reports ongoing
lower organic revenue, or the operating profit margin declines due
to factors such as lower demand in the office furniture market,
volume or market share losses, rising costs, or tariffs, or if
debt/EBITDA is above 3.25x. Additionally, a downgrade could occur
if liquidity deteriorates such as a meaningful reduction in the
cash and short term investments position or free cash flow
generation remains low. A shift in the company's financial policies
to less conservative practices such as distributing meaningful cash
to shareholders or completing large debt-financed acquisitions
could also lead to a downgrade.
The principal methodology used in these ratings was Consumer
Durables published in September 2021.
Headquartered in Grand Rapids, Michigan, Steelcase is a designer,
manufacturer, and marketer of office furniture systems, storage
products, desks, benches, tables and seating products, primarily in
North America and Europe. The company sells through various
channels including independent dealers, company-owned dealers and
directly to the corporate, government, healthcare, education, and
retail customer end markets. The company is publicly traded with
over two thirds of the voting rights held by members of the
founding families. Steelcase reported revenue of approximately $3.2
billion for the fiscal year ending February 28, 2025.
SUNNOVA ENERGY: Fitch Lowers Rating on LongTerm IDR to 'C'
----------------------------------------------------------
Fitch Ratings has downgraded Sunnova Energy International Inc.'s
(Sunnova) and Sunnova Energy Corporation's (SEC) Long-Term Issuer
Default Ratings (IDRs) to 'C' from 'CCC-'. Fitch has also
downgraded SEC's senior unsecured debt to 'C' with a Recovery
Rating of 'RR4' from 'CCC-'/'RR4'.
The downgrade reflects initiation of a 30-day grace period
following Sunnova's election of non-payment of $23.5 million of
interest on its $400 million senior notes maturing 2028, which was
due on April 1, 2025. This development comes amid substantial
refinancing risk and persistently weak cash flows.
Fitch would further downgrade the IDR to 'RD' (Restricted Default)
if the interest payment deferral is not cured on expiry of the
original grace period or in case of a debt restructuring that
constitutes a distressed debt exchange (DDE) under Fitch's rating
definitions.
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
Initiation of Grace Period: Sunnova opted not to make the interest
payment scheduled for April 1, 2025, in an effort to enhance
financial flexibility as it engages with stakeholders to reduce
debt as per an 8K filing from the same date. The initiation of a
grace or cure period following non-payment of a material financial
obligation is commensurate with a 'C' (Near Default) IDR, per
Fitch's ratings definitions.
Failure to cure the missed interest payment within the 30-day grace
period would be an event of default and result in afurther
downgrade of Sunnova's IDR to 'RD'. Alternatively, any changes
agreed to by bondholders resulting in a worsening of terms that
constitute a DDE per Fitch's definitions would also result in a
downgrade to 'RD'.
Untenable Capital Structure: Fitch believes there is a high
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 the bonds at
maturity. Liquidity remains weak and limited with cash in hand of
$34.7 million as of Dec. 31, 2024, for corporate use, and Fitch
expects cash flows to remain under pressure.
Sunnova issued a $185 million term loan with a 15% interest rate
earlier in March. This was secured by Sunnova pledging residual
equity interests in all its 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.
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. It includes revenue from the sale of 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: Sunnova's 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. Cash flow from residuals ceases if not refinanced by the
end of that period. While a performance trigger breach could
similarly disrupt cash flow, this is less likely due to 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 whether 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 'C' IDR reflects the company's entry into a 30-day grace
period following the non-payment of its April 1, 2025 interest
obligation on one of its senior unsecured notes.
Sunnova's closest peers among Fitch-rated renewable energy
providers are TerraFormPower Operating LLC (TerraForm; BB-/Stable)
and Leeward Renewable Energy Operations (Leeward; BB-/Stable). Both
companies own and operate portfolios of nonrecourse, predominantly
renewable projects.
Sunnova's ongoing credit profile is characterized by metrics that
are materially weaker than those of its peers, with historically
negative CFO. Additionally, it has a materially weaker liquidity
position and high refinancing risk. 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.
Sunnova does not have 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.
Recovery Analysis
The 'C'/'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 cure its missed interest
payment within the 30-day grace period. 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, Fitch determines the senior unsecured
notes' Recovery Rating to be 'RR4'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Inability to cure the missed interest payment within the allowed
grace period;
- A debt restructuring that is considered as a DDE;
- Initiation of a formal bankruptcy procedure.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Payment of due interest before expiration of 30-day grace
period.
Liquidity and Debt Structure
Sunnova had a total of $211 million in unrestricted cash and cash
equivalents as of Dec. 31, 2024, 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 and as such the
liquidity position remains stressed.
In January 2025, the EZOP agreement required Sunnova to repay by
March 31, 2025 if 95% of eligible solar loans weren't completed in
60 days. On March 20, 2025, the deadline was extended to April 21,
2025. 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 C Downgrade CCC-
Sunnova Energy
Corporation LT IDR C Downgrade CCC-
senior unsecured LT C Downgrade RR4 CCC-
SURVWEST LLC: Trustee Seeks Cash Collateral Access
--------------------------------------------------
Ken Yager, the Chapter 11 Trustee of Surwest, LLC, asked the U.S.
Bankruptcy Court for the District of Colorado for authority to use
cash collateral in accordance with his agreement with TBK Bank and
the U.S. Small Business Administration.
The Court initially granted interim orders allowing the Debtor to
use cash collateral and providing adequate protection to the
lenders from September 2024 to December 2024, when the Debtor filed
a motion seeking approval for an agreement regarding the use of the
cash collateral.
Several creditors (lenders) have security interests in the Debtor's
cash collateral, including the U.S. Small Business Administration
(SBA), TBK Bank, and other entities like DMKA LLC, and RDM Capital
Funding LLC. Their priority claims range from a first lien on
assets to lower priority liens on certain property.
The Trustee asserted that the adequate protection previously
provided to the lenders (such as replacement liens and security
interests) will remain in place to safeguard their interests as the
case continues.
The Trustee has agreed to adhere to the existing budget, with some
flexibility to modify the budget with lender consent if needed. A
revised cash flow budget is also being prepared, which will be
filed with the court.
A copy of the motion is available at https://urlcurt.com/u?l=ONZFyU
from PacerMonitor.com.
About Survwest LLC
SurvWest LLC, formerly known as SurvTech Solutions LLC, is a
diversified engineering firm specializing in surveying and mapping;
subsurface utility engineering (SUE); and utility coordination for
clients across the United States.
SurvWest filed a Chapter 11 petition (Bankr. D. Colo. Case No.
24-15214) on September 6, 2024, with total assets of $7,301,456 and
total liabilities of $9,447,402. Mathew Barr, president, signed the
petition.
Judge Thomas B. Mcnamara handles the case.
The Debtor is represented by David Wadsworth, Esq., at Wadsworth
Garber Warner Conrardy, P.C.
TABOOLA INC: Moody's Withdraws 'Ba3' CFR Following Debt Repayment
-----------------------------------------------------------------
Moody's Ratings has withdrawn the Ba3 Corporate Family Rating,
Ba3-PD Probability of Default Rating, and the SGL-1 Speculative
Grade Liquidity Rating (SGL) of Taboola, Inc. (Taboola), and Ba3
ratings on the backed senior secured first lien bank credit
facilities. The outlook prior to the withdrawal was stable.
RATINGS RATIONALE
Moody's have withdrawn the ratings because Taboola's debt
previously rated by us have been fully repaid. This follows the
refinancing of its existing senior secured bank credit facilities,
including $123.2 million outstanding first lien term loan B due
2028, with a new $270 million revolving credit facility due 2030
(unrated).
Taboola, Inc.'s parent company, Taboola.com Ltd. (NASDAQ:TBLA) is a
technology company that runs a recommendation platform across the
open web with an artificial intelligence-based, algorithmic
approach. The company's recommendation engine helps publishers and
advertisers promote their content to targeted audiences across
various digital platforms. The company generated revenue of $1.8
billion as of the last twelve months ended December 2024.
TALOS ENERGY: S&P Lowers Second-Lien Notes Rating to 'B+'
---------------------------------------------------------
S&P Global Ratings lowered its issue-level rating on U.S.-based
crude oil and natural gas exploration and production company Talos
Energy Inc.'s second-lien notes to 'B+' from 'BB-' and revised its
recovery rating to '2' from '1'. The lower recovery rating is
primarily due to a lower year-end 2024 PV-10 value under its
recovery price assumptions.
The following debt issuances were affected by the change (amounts
shown are as of Dec. 31, 2024):
-- $625 million of 9.0% second-lien secured notes due February
2029; and
-- $625 million of 9.375% second-lien secured notes due February
2031.
The '2' recovery rating indicates S&P's expectation for substantial
(70%-90%; rounded estimate: 70%) recovery of principal to creditors
in the event of a payment default.
S&P's 'B' issuer credit rating and stable outlook on Talos are
unchanged.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P's simulated default scenario for Talos contemplates a
default in 2028 and assumes a sustained period of low commodity
prices, consistent with the conditions of past defaults in this
sector.
-- S&P bases its valuation of Talos' reserves on a
company-provided PV10 of proved reserves as of year-end 2024, which
uses our recovery price deck assumptions of $50 per barrel for West
Texas Intermediate crude oil and $2.50 per million British thermal
unit for Henry Hub natural gas.
-- The PV-10 valuation was lower than S&P's prior estimate due
primarily to the timing of offshore bookings as well as the
company's reassessment of its drilling and development plans
following the Quarternorth Energy acquisition in March 2024.
-- S&P's analysis assumes the company's reserve-based lending
(RBL) facility due March 2027 would be drawn up to its $800 million
availability cap at default.
-- In S&P's default scenario, it expects the claims on the
second-lien notes to be effectively subordinated to the claims
relating to the RBL facility.
Simulated default assumptions
-- Simulated year of default: 2028.
-- Jurisdiction (Rank A): The company is headquartered in the U.S.
and has the majority of its revenue and assets located
domestically.
-- S&P adjusted its gross enterprise valuation (EV) to account for
restructuring administrative costs (estimated at about 5% of the
gross value).
Simplified waterfall
-- Net EV (after 5% administrative costs): $1.7 billion
-- Senior secured RBL claims: $787 million (net of $42 million in
outstanding letters of credit)
--Recovery expectations: Not applicable
-- Total value available to second-lien claims: $924 million
-- Second lien claims: $1.3 billion
--Recovery expectations: 70% to 90% (rounded estimate: 70%).
Note: All debt amounts include six months of prepetition interest.
TEETLE INC: Seeks to Hire Robert M. Stahl as Bankruptcy Counsel
---------------------------------------------------------------
Teetle, Inc. seeks approval from the U.S. Bankruptcy Court for the
District of Maryland to employ the Law Offices Robert M. Stahl, LLC
as counsel.
The firm's services include:
(a) advising the Debtor of its rights, powers and duties;
(b) advising the Debtor concerning, and assisting in the
negotiation and documentation of, financing agreements, debt
restructurings, cash collateral arrangements and related
transactions;
(c) representing the Debtor in defense of any proceedings
instituted to reclaim property or to obtain relief from the
automatic stay under Section 362(a) of the Bankruptcy Code;
(d) representing the Debtor in any proceedings instituted with
respect to certain Debtor's use of cash collateral;
(e) reviewing the nature and validity of liens asserted
against the property of the Debtor and advising it concerning the
enforceability of such liens;
(f) advising the Debtor concerning the actions that it might
take to collect and to recover property for the benefit of its
estate;
(g) preparing schedules and legal documents, and reviewing all
financial reports to be filed in the Debtor's Chapter 11 case;
(h) advising the Debtor concerning, and preparing response to,
legal papers that may be filed and served;
(i) counseling the Debtor in connection with the formulation,
negotiation and promulgation of a plan of reorganization or
liquidation and related documents; and
(j) performing all other legal services.
The hourly rates of the firm's counsel and staff are as follows:
Robert M. Stahl $525
Paralegals $225
The firm received a retainer in the amount of $7,500.
Robert Stahl, IV, Esq., an attorney of the firm, disclosed in a
court filing that the firm is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Robert M. Stahl, Esq.
Law Offices of Robert M. Stahl, LLC
1142 York Road
Lutherville, MD 21093
Telephone: (410) 825-4800
Facsimile: (410) 825-4880
Email: stahllaw@comcast.net
About Teetle Inc.
Teetle, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 25-12097) on March 11,
2025, listing under $1 million in both assets and liabilities.
The Law Offices of Robert M. Stahl, LLC represents the Debtor as
counsel.
TEXAS HEALTH: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: Texas Health Foundation, Inc.
3610 Stagg Dr.
Beaumont, TX 77701-3713
Business Description: The Texas Health Foundation, Inc., operating
as Texas Center for Health, provides a
wide range of healthcare services with a
focus on both women's and men's health. The
center specializes in areas such as
obstetrics, gynecology, hormone replacement
therapy, infertility treatments, weight loss
programs, and aesthetic services like
injectables and skincare. With a commitment
to patient-centered care, the practice
strives to offer tailored healthcare in a
comfortable and efficient setting, including
the convenience of telehealth options.
Chapter 11 Petition Date: April 3, 2025
Court: United States Bankruptcy Court
Eastern District of Texas
Case No.: 25-10143
Debtor's Counsel: Robert C Lane, Esq.
THE LANE LAW FIRM
6200 Savoy Dr Ste 1150
Houston TX 77036-3369
Tel: (713) 595-8200
E-mail: notifications@lanelaw.com
Total Assets: $649,918
Total Liabilities: $3,245,968
The petition was signed by Kim Wilson as director.
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/SQDU4HY/Texas_Health_Foundation_Inc__txebke-25-10143__0001.0.pdf?mcid=tGE4TAMA
THREE STAR: Seeks to Hire George Oliver as Bankruptcy Counsel
-------------------------------------------------------------
Three Star Trucking, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of North Carolina to employ the Law
Offices of George Oliver, PLLC to handle its Chapter 11 case.
Prior to the petition date, the firm received a retainer in the
amount of $7,500 from the Debtor.
The firm will be paid based on its hourly rates plus expenses.
George Oliver, Esq., an attorney of the firm, disclosed in a court
filing that the firm is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
George Mason Oliver, Esq.
The Law Offices of George Oliver, PLLC
P.O. Box 1548
New Bern, NC 28563
Telephone: (252) 633-1930
Facsimile: (252) 633-1950
Email: george@georgeoliverlaw.com
About Three Star Trucking
Three Star Trucking, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-01027) on
November 2, 2022. In the petition signed by Charles L. Stokes, Jr.,
manager, the Debtor disclosed up to $50,000 in estimated assets and
up to $1 million in estimated liabilities.
George Mason Oliver, Esq., at The Law Offices of George Oliver,
PLLC is the Debtor's legal counsel.
TIMBERS2020 LLC: Seeks Chapter 11 Bankruptcy in Texas
-----------------------------------------------------
On March 31, 2025, Timbers2020 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 $10 million
and $50 million in debt owed to 1 and 49 creditors. The petition
states funds will not be available to unsecured creditors.
About Timbers2020 LLC
Timbers2020 LLC is a real estate debtor with a single asset as
defined by 11 U.S.C. Section 101(51B), owns the Timbers of
Cranbrook Apartments located in Houston, Texas.
Timbers2020 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-31818) on March 31,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by James Q. Pope, Esq. at THE POPE LAW
FIRM.
TITAN ENVIRONMENTAL: Frank E. Celli Holds 23.4% Equity Stake
------------------------------------------------------------
Frank E. Celli, disclosed in a Schedule 13D filed with the U.S.
Securities and Exchange Commission that as of December 31, 2024, he
beneficially owns 8,500,000 shares of Titan Environmental Solutions
Inc.'s common stock, representing 23.4% of the total shares
outstanding, with 36,286,391 shares deemed to be outstanding (which
includes the 8,500,000 shares issuable upon exercise of stock
options granted to him).
Frank E. Celli may be reached through:
Titan Environmental Solutions Inc.
300 E. Long Lake Road, Suite 100A
Bloomfield Hills, MI 48304
Tel: 425-818-0560
A full-text copy of Mr. Celli's SEC report is available at:
https://tinyurl.com/59njtwtj
About Titan Environmental
Bloomfield Hills, Mich.-based Titan Environmental Solutions, Inc.
is a professional service firm that provides consultation on
regulatory compliance to departments at corporations, public
agencies, and residential communities to ensure that its clients
are aware of and take steps to comply with relevant laws and
regulations. The firm also offers solutions to remove the risk
caused by harmful environmental hazards.
Buffalo, New York-based Freed Maxick P.C. (f/k/a Freed Maxick CPAs,
P.C.), the Company's auditor since 2023, issued a "going concern"
qualification in its report dated March 31, 2025, citing that the
Company has a significant working capital deficiency, has incurred
significant losses and needs to raise additional funds to meet its
obligations and sustain its operations. This raises substantial
doubt about the Company's ability to continue as a going concern.
TITAN ENVIRONMENTAL: Glen Martin Miller Holds 26.5% Equity Stake
----------------------------------------------------------------
Glen Martin Miller, disclosed in a Schedule 13D (Amendment No. 1)
filed with the U.S. Securities and Exchange Commission that as of
December 31, 2024, he beneficially owns 10,000,000 shares of Titan
Environmental Solutions Inc.'s common stock, representing 26.5% of
the 37,786,391 shares deemed outstanding as of the filing date.
Glen Martin Miller may be reached through:
Titan Environmental Solutions
300 E. Long Lake Road, Suite 100A
Bloomfield Hills, MI 48304
Tel: 425-818-0560
A full-text copy of Mr. Miller's SEC report is available at:
https://tinyurl.com/y7h4r8e7
About Titan Environmental
Bloomfield Hills, Mich.-based Titan Environmental Solutions, Inc.
is a professional service firm that provides consultation on
regulatory compliance to departments at corporations, public
agencies, and residential communities to ensure that its clients
are aware of and take steps to comply with relevant laws and
regulations. The firm also offers solutions to remove the risk
caused by harmful environmental hazards.
Buffalo, New York-based Freed Maxick P.C. (f/k/a Freed Maxick CPAs,
P.C.), the Company's auditor since 2023, issued a "going concern"
qualification in its report dated March 31, 2025, citing that the
Company has a significant working capital deficiency, has incurred
significant losses and needs to raise additional funds to meet its
obligations and sustain its operations. This raises substantial
doubt about the Company's ability to continue as a going concern.
TONIX PHARMACEUTICALS: Posts $130 Million Net Loss in 2024
----------------------------------------------------------
Tonix Pharmaceuticals Holding Corp. filed its Annual Report on Form
10-K with the U.S. Securities and Exchange Commission, reporting a
net loss of $130 million available to common stockholders for the
year ended December 31, 2024, as compared to a net loss of $116.7
million available to common stockholders in 2023.
For the year ended December 31, 2024, the Company recognized $10.1
million in product revenue and $7.8 million in 2023.
Iselin, N.J.-based EISNERAMPER LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
March 18, 2025, citing that the Company has continuing losses and
negative cash flows from operating activities that raise
substantial doubt about its ability to continue as a going
concern.
The Company has suffered recurring losses from operations and
negative cash flows from operating activities. At December 31,
2024, the Company had working capital of approximately $100.7
million. At December 31, 2024, the Company had an accumulated
deficit of approximately $730.7 million. The Company held
unrestricted cash and cash equivalents of approximately $98.8
million as of December 31, 2024.
The Company believes that its cash resources at December 31, 2024
and the net proceeds of $46.3 million that it raised from equity
offerings in the first quarter of 2025, will not meet its planned
operating and capital expenditure requirements into the first
quarter of 2026, but not beyond.
The Company continues to face significant challenges and
uncertainties and must obtain additional funding through public and
private financing and collaborative arrangements with strategic
partners to increase the funds available to fund operations.
However, the Company may not be able to raise capital on terms
acceptable to the Company, or at all. Without additional funds, it
may be forced to delay, scale back or eliminate some or all of its
research and development activities or other operations, and
potentially delay product development in an effort to maintain
sufficient funds to continue operations. If any of these events
occurs, the Company's ability to achieve development and
commercialization goals will be adversely affected and the Company
may be forced to cease operations.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/3tx2pm7e
About Tonix Pharmaceuticals
Chatham, N.J.-based Tonix Pharmaceuticals Holding Corp., through
its wholly owned subsidiary Tonix Pharmaceuticals, Inc., is a fully
integrated biopharmaceutical company focused on developing and
commercializing therapeutics to treat and prevent human disease and
alleviate suffering.
As of December 31, 2024, the Company had $162.9 million in total
assets, $23.3 million in total liabilities, and $139.6 million in
total stockholders' equity.
TRIPLETT FUNERAL: Seeks Cash Collateral Access
----------------------------------------------
Triplett Funeral Homes, LLC asked the U.S. Bankruptcy Court for the
Eastern District of Missouri, Northern Division, for authority to
use cash collateral.
The Debtor needs to use cash collateral to continue its operations,
pay its employees and keep the business running.
The Debtor has only periodic payroll and weekly taxes on Jessica
Pierce. All other employees are paid by 1099's.
The Debtor asserts that the use of said cash collateral will not be
a burden on any creditors, since said creditors would continue a
normal business relationship with respect to accounts receivable
which has been followed in the past.
A court hearing is set for April 17.
About Triplett Funeral Homes
Triplett Funeral Homes, LLC filed Chapter 11 petition (Bankr. E.D.
Mo. Case No. 25-20049) on March 27, 2025, listing up to $10 million
in both assets and liabilities. Christopher T. Triplett, member and
manager, signed the petition.
Fredrich J Cruse, Esq., at Cruse Chaney-Faughn, represents the
Debtor as legal counsel.
TRUENORTH PROJECTS: Auction Again Moved, Set for April 14
---------------------------------------------------------
Mayaguana Island Developers Limited, a company formed under the
laws of The Bahamas ("secured party"), will commence a public
auction on April 14, 2025, at 4:00 p.m. CDT, of certain assets of
TrueNorth Projects LLC ("Debtor"), to the highest bidder via remote
communication.
The sale was initially scheduled for June 14, 2024, and
subsequently adjourned to Aug. 15, 2024, Oct. 14, 2024, and Dec.
17, 2024, and Feb. 18, 2025.
The assets for sale are a 20% membership interest in True North
Services LLC together with all proceeds and substitutions, all
cash, securities and other moneys and property paid thereon, all
rights to subscribe for securities declared or granted in
connection therewith, and all other cash and noncash proceeds of
the foregoing.
Each bidder will be required to provide a refundable deposit of
$25,000 and the winning bidder will be required to pay half of the
bid amount less the deposit by 5:00 p.m. CDT on the first business
day after the auction and the remainder of the bid amount within 10
days after the auction or such later date as the winning bidder
and the secured party may agree. All payments will be made in cash
or by cashier or certified check payable to the order of the
secured party.
For further information regarding the sale, contact:
Nelson Mullins Riley & Scarborough LLP
Attn: Matthew Iverson
One Financial Center, Suite 3500
Boston, MA 0211
Email: TrueNorthSale@nelsonmullins.com
UAL CORP: Egan-Jones Hikes Sr. Unsecured Ratings to B
-----------------------------------------------------
Egan-Jones Ratings Company on April 3, 2025, upgraded the foreign
currency and local currency senior unsecured ratings on debt issued
by UAL Corporation to B from B-. EJR also maintained the rating on
commercial paper issued by the Company.
UAL Corporation is a holding company. The Company, through its
subsidiaries, transports persons, property and mail throughout the
United States and abroad.
UNITED FP: Moody's Affirms 'Caa2' CFR & Alters Outlook to Stable
----------------------------------------------------------------
Moody's Ratings affirmed United FP Holdings, LLC's ("United FP")
Caa2 Corporate Family Rating, Caa2-PD Probability of Default
Rating, Caa1 rating for the company's senior secured first lien
credit facilities term loan, and Ca rating on its senior secured
second lien term loan. Concurrently, Moody's assigned a Caa1 rating
to the new senior secured first lien revolving credit facility due
December 2026. The outlook was changed to stable from negative.
The affirmation reflects United FP's aggressive financial policy,
with very high financial leverage, weak liquidity, and Moody's
views that the capital structure is unsustainable without
meaningful earnings improvement due to its heavy interest burden
and ongoing capital expenditure requirements. United FP's
lease-adjusted debt-to-EBITDA leverage (Moody's adjusted) is very
high at the 8x range for the 12-month (LTM) period ended September
30, 2024. Despite growth in revenue and earnings in the LTM 2024
period and limited new club development, free cash flow remains
constrained at negative $5 million for the LTM period. Moody's
expects free cash flow to continue to remain negative in the range
of $15 to $25 million over the next 12 months. The expanding
deficit is primarily driven by Moody's expectations of increased
interest expense due to the expiration in November 2024 of the
company's favorable interest rate swaps previously caping interest
rates. Moody's also expects the company will need to continue to
maintain investment in its gyms to refresh equipment at existing
locations as required by the franchise agreement. The company did
not open new club locations YTD through September 2024 and Moody's
expects very limited openings over the next 12 months as it manages
though its increasing interest expense and constrained liquidity.
The change to a stable outlook reflects Moody's views that United
FP will experience some modest performance improvements from higher
rates for new members and positive same-facility membership levels.
The increase and extension of the revolver will provide the company
with additional liquidity and time to continue to improve earnings
and offset increasing interest expense and reinvestment needs.
Moody's expects United FP's liquidity profile to remain weak over
the next year though the recent increase and extension of its
revolving credit facility (RC) completed in February 2025 helps to
provides the company with additional resources and time to improve
its earnings prior to a refinance. United FP upsized the RC from
$27 million to $40 million and extended the maturity from January
2026 to December 2026. Additionally, the company received a waiver
on the financial covenant requirements until the maturity of the
facility. The A&E notably improves liquidity to $50 million ($10
million in cash available as of September 30, 2024 and $40 million
available under the RC). The first lien term loan and RC will both
mature in December 2026, while the second lien term loan matures in
December 2027. Moody's expects the company will need to utilize the
revolver by year-end FY25 to fund its free cash flow shortfall.
However, an inability to improve earnings could make this shortfall
larger and require additional support from its sponsor, similar to
the $10 million subordinated debt provided in 2023.
RATINGS RATIONALE
United FP's Caa2 CFR broadly reflects its very high leverage
(Moody's lease-adjusted debt/EBITDA in the high 8x LTM September
2024), negative free cash flow, Moody's views that the capital
structure is unsustainable without meaningful earnings improvement,
and refinancing risk associated with debt maturities starting in
December 2026. The rating is also constrained by the company's
small scale in terms of revenue as well as the high business risk
of the fragmented and competitive fitness club industry given its
low barriers to entry, exposure to cyclical shifts in discretionary
consumer spending, and high attrition rates. In addition, the
rating reflects the event and financial policy risk due to private
equity ownership. As a franchisee, United FP's ongoing capital
spending requirement is high and restricts free cash flow
generation to meet the obligations under its agreements with Planet
Fitness. However, the rating is supported by the company's
franchise relationship with Planet Fitness, which has a
well-recognized national brand name. United FP is the largest
franchise operator within the Planet Fitness system. The rating
also benefits from longer-term favorable demographic trends such as
the increased focus on health and fitness.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if improved operating performance results
in significantly lower leverage, positive free cash flow that funds
reinvestment needs, and stronger liquidity including refinancing
debt maturities at an interest cost that allows for sustained
positive free cash flow generation. A sponsor equity injection that
funds debt reduction could also lead to an upgrade.
The ratings could be downgraded if the company's operating
performance does not improve, free cash flow remains negative, the
likelihood of a distressed exchange event or reorganization event
increases, or recovery values deteriorate.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Headquartered in Austin, TX, United FP is the US's largest Planet
Fitness franchisee. As of September 30, 2024, United FP owns and
operates 196 Planet Fitness clubs serving about 1.21 million
members in 14 different states. LTM September 2024 actual GAAP
revenue was about $285 million. The company was acquired by
American Securities LLC in December 2019 and generates annual
revenue of $285 million as of the last twelve months ending
September 2024.
UNITED RESOURCE: Sterling Suit v. Compliance Envirosystems Tossed
-----------------------------------------------------------------
Chief Judge Shelly D. Dick of the United States District Court for
the Middle District of Louisiana granted Compliance Enviroystems,
LLC's motion to dismiss the case captioned as STERLING COMMERCIAL
CREDIT, LLC VERSUS COMPLIANCE ENVIROSYSTEMS, LLC, Case No.
24-cv-00429-SDD-SDJ (M.D. La.) for forum non conveniens. Plaintiff
Sterling Commercial Credit, LLC's suit is dismissed without
prejudice to its right to refile its suit in the 19th Judicial
District Court for the Parish of East Baton Rouge, Louisiana.
This dispute arises from a Sept. 13, 2021 subcontract between
United Resource, LLC and Compliance. Under this subcontract, United
was to inspect and clean catch basins and pipes throughout South
Louisiana following Hurricane Ida. On Sept. 23, 2021, United
invoiced Compliance $148,125 for its services entered into an
Accounts Purchase and Security Agreement with Sterling the
following day. Sterling, among other things, makes loans and
provides financial accommodations, including factoring
transactions, to small and mid-size companies. Under the factoring
agreement, United sold and assigned its accounts receivable to
Sterling. On May 5, 2020, the United States Bankruptcy Court for
the Eastern District of Michigan entered a final order authorizing
the factoring agreement.
Sterling then notified Compliance on June 9, 2020, via registered
mail that its account with United was sold and assigned to
Sterling. This Notification specifically instructed that all
payments otherwise due to United should be paid directly to
Sterling pursuant to Uniform Commercial Code provision Sec.
9-406(a). Sterling sent Compliance a second notification on October
29, 2021, which Compliance received on Nov. 6, 2021. Despite these
notifications, Compliance paid United $148,125 for its storm
restoration work instead of Sterling. Sterling made numerous
written demands to Compliance for payment, but Compliance refused
to pay.
Sterling brought suit against Compliance in the Eastern District of
Michigan for nonpayment. The Eastern District of Michigan dismissed
the case without prejudice, finding it lacked personal jurisdiction
over Compliance. Sterling refiled its suit in this Court on May 31,
2024. Compliance now moves for dismissal based on forum non
conveniens. It argues that the forum selection clause in its
subcontract with United is enforceable against Sterling; thus,
venue is exclusive to the 19th Judicial District Court for the
Parish of East Baton Rouge, Louisiana, per the subcontract's forum
selection clause.
The District Court finds that Sterling is subject to the
subcontract's forum selection clause through
assignment/subrogation. Even if Sterling was not subject to the
subcontract's forum selection clause through
assignment/subrogation, it would be through direct-benefits
estoppel.
Since the subcontract's mandatory forum selection clause is
enforceable against Sterling, the District Court need not give
weight to Plaintiff's choice of forum and need only consider
arguments regarding public interest factors when conducting its
forum non conveniens analysis.
With respect to public interest factors, Sterling argues that the
administrative difficulties flowing from court congestion; the
local interest in having localized controversies decided at home;
and the interest in having the trial of a diversity case in a forum
that is at home with the law are not different between the District
Court and the 19th JDC.
Given the rarity of public interest factors outweighing a mandatory
and enforceable forum selection clause, such a clause controls the
forum non conveniens inquiry in all but the most unusual cases.
The District Court does not find that this is one of the rare cases
in which the public interest factors favor keeping a case despite
the existence of a mandatory, valid, and enforceable forum
selection clause. Sterling cites no authority in support of its
argument that public interest factors weigh in its favor. Nor does
Sterling provide any support for its theory that a forum selection
clause providing for venue in a defendant's home state court is
unenforceable if suit is brought in that defendant's home federal
court, the District Court concludes.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=Fj51Q5 from PacerMonitor.com.
About United Resource
United Resource, LLC -- https://www.unitedresourcellc.com/ --
specializes in a full array of environmental services to industrial
and municipal clients. It provides slurry management, storm water
management, property maintenance, inspections and consulting,
vacuum truck services, snow removal, sewer cleaning and televising,
and water blasting services.
United Resource sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. E.D. Mich. Case No. 20-43856) on
March 15, 2020. At the time of the filing, the Debtor disclosed
assets of between $1 million and $10 million and liabilities of the
same range. Judge Maria L. Oxholm oversees the case. Schafer and
Weiner, PLLC is the Debtor's legal counsel.
VALDESIA GARDENS: Claims Will be Paid from Property Sale/Refinance
------------------------------------------------------------------
Valdesia Gardens Housing Development Fund Corporation, filed with
the U.S. Bankruptcy Court for the Southern District of New York a
Disclosure Statement describing Plan of Reorganization dated March
10, 2025.
Formed in 2017, the Debtor is a domestic not-for-profit corporation
formed under section 573 of the New York Private Housing Finance
Law to acquire title to and redevelop the property located at
569-575 Prospect Avenue, Bronx, New York 10455 (the "Property").
The Property consists of a 50,000 square foot, seven story building
which is currently vacant and 85% complete. The Debtor intended to
develop the Property into a community focused multi family, mixed
use property with approximately forty-five rental residential units
and first floor commercial rental units.
Unfortunately, the Debtor was only able to complete 85% of the
project, with an additional $6 million still need to complete the
project, which completion, upon funding, is expected to take
approximately nine months to complete. The Debtor estimates the
current value of the Property to be approximately $25 million, with
its value to increase to $25 to $30 million upon completion.
The Debtor intends to utilize the Chapter 11 process to first make
the necessary completions to the Property using funds supplied from
the DIP Financing (subject to its ability to obtain such financing)
and then embark on a robust marketing campaign to lease out,
re-finance or, if necessary, sell the Property through bankruptcy
process and, if necessary, an auction sale, thereby giving
creditors the best opportunity to be paid in full.
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 Bankruptcy 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 ninety 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 Closing of a sale or date of a
refinance (whichever occurs sooner), 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 Closing of a sale,
whichever is sooner, after payment in full of (i) the DIP
Financing, and (ii) 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, and Holders of
General Unsecured Claims are to vote on the Plan.
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) a sale of
the Property, or (b) the refinance of the Property, as applicable.
All distributions shall be made by the Disbursing Agent except that
to the extent that a Claim becomes an Allowed Claim after the
Effective Date, within ten days after the order allowing such Claim
becomes a Final Order.
A full-text copy of the Disclosure Statement dated March 10, 2025
is available at https://urlcurt.com/u?l=kM51d9 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jonathan S. Pasternak, Esq.
Davidoff Hutcher & Citron LLP
120 Bloomingdale Road, Suite 100
White Plains, NY 10605
Telephone: (914) 381-7400
About Valdesia Gardens
Valdesia Gardens is a New York City affordable housing complex.
Valdesia Gardens sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 24-23086) on December 13,
2024. In the petition filed by David Goldwasser, chief
restructuring officer, the Debtor reports total assets of
$15,000,000 and total liabilities of $22,590,660.
Honorable Bankruptcy Judge Kyu Young Paek handles the case.
Davidoff Hutcher & Citron LLP serves as the Debtor's counsel.
VILLAGE ROAD: Vanessa McCarthy Appointed as New Committee Member
----------------------------------------------------------------
The U.S. Trustee for Region 3 appointed Vanessa McCarthy as new
member of the official committee of unsecured creditors in the
Chapter 11 cases of Village Roadshow Entertainment Group USA Inc.
and its affiliates.
The committee is now composed of:
1. 10100 Santa Monica, Inc.
c/o Hines, Eric Lyons
10100 Santa Monica Blvd., Suite 180
Los Angeles, CA 90067
Phone: 310-552-3700
eric.lyon@hines.com
2. McGuffin Entertainment Media Inc.
c/o Glaser Weil Fink Howard Jordan & Shapiro, LLP
10250 Constellation Blvd., 19th Floor
Los Angeles, CA 90067
Attn: Douglas Stone and James Scura
Phone: 310-556-7820
dstone@glaserweil.com
3. Vanessa McCarthy
c/o William Morris Endeavor Entertainment, LLC
9601 Wilshire Blvd.
Beverly Hills, CA 90210
Attn: Trina Shek Rizzo
Phone: 310-859-4365
TRizzo@endeavorco.com
About Village Roadshow Entertainment Group USA
Village Roadshow Entertainment Group USA Inc. and its affiliates
are a prominent independent producer and financier of major
Hollywood films, having produced over 100 successful movies since
1997. Their portfolio includes globally recognized blockbusters
such as "Joker," "The Great Gatsby," and the "Matrix" trilogy.
Before the WB Arbitration, which began in 2022, the Company had a
profitable and well-established co-production and co-financing
partnership with Warner Bros. Entertainment Inc. and its affiliates
("WB"), resulting in many successful projects. The Company's most
valuable assets include its Film Library and Derivative Rights,
stemming from its extensive and enduring film industry presence.
Village Roadshow Entertainment Group USA Inc. and its affiliates
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
D. Del. Lead Case No. 25-10475) on March 17, 2025. In the petitions
signed by Keith Maib, chief restructuring officer, the Debtors
disclosed up to $500 million in estimated assets and up to $1
billion in estimated liabilities.
Honorable Bankruptcy Judge Thomas M. Horan handles the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as local
counsel; Sheppard, Mullin, Richter & Hampton LLP as bankruptcy
counsel; Kirkland & Ellis LLP as special litigation counsel;
Accordion Partners, LLC as financial and restructuring advisor; and
Solic Capital Advisors, LLC as investment banker. Kurtzman Carson
Consultants, LLC, doing business as Verita Global, is the Debtors'
claims and noticing agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
VS HOLDING I: S&P Upgrades ICR to 'B+' on Consistent Expansion
--------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on U.S.-based
data backup and recovery provider VS Holding I Inc. (d/b/a Veeam)
to 'B+' from 'B' and its issue-level rating on its first-lien debt
to 'B+' from 'B'. S&P's '3' (50%) recovery rating on Veeam's
first-lien debt is unchanged.
The stable outlook reflects S&P's expectation that Veeam will
further deleverage, generate strong free operating cash flow
(FOCF), and maintain good liquidity to fund its operational and
growth investments.
S&P said, "Veeam has maintained a robust expansion while generating
good FOCF, which are the key factors underpinning our upgrade. In
recent years, the company has consistently increased its revenue by
the low-teens percent area (12.2% in 2023 and 11.7% in 2024),
supported by the strong demand for data protection and recovery
software amid increasing ransomware threats. We believe Veeam's
leading market share in this end market will further support its
expansion because we view its products are well-positioned due to
their ease of implementation, support for various hybrid cloud
deployments, and effectiveness in managing complex workloads."
Additionally, the cloud-native nature of the company's offerings
has enabled it to attract enterprise customers away from its
larger, well-capitalized competitors, such as Veritas, Dell, and
IBM.
Beyond its top-line expansion, Veeam has maintained stable EBITDA
margins in the mid-20% range. The company's stable EBITDA margins
reflect its effective cost controls, efficient sales and marketing
strategies, and improved operating leverage from its increasing
recurring revenue base (over 95% of revenue was recurring in fiscal
year 2024) due to its transition to a new revenue model. Therefore,
Veeam was able to improve its S&P Global Ratings-adjusted leverage
to the mid-4x area as of fiscal year 2024.
S&P said, "We anticipate the company's leverage will remain below
5x despite its higher near-term investment in cloud hosting. We
project that Veeam will continue to expand its top line by
approximately 10% over the near term on a sustained increase in its
subscriptions and rentals, as well as the scaled acceleration of
VDC (Veeam Data Cloud; a first-party hosted backend as a service
[BaaS]), which will be offset by declines in its perpetual license
and maintenance revenue. We expect the company's S&P Global
Ratings-adjusted EBITDA margins will decline slightly but remain in
the mid-20% range in 2025 as it allocates its investment toward
cloud hosting and R&D to support the expansion of VDC.
Additionally, we forecast Veeam's capital expenditure (capex) will
remain consistent with historical levels at about 1% of revenue.
After accounting for modest working capital outflows, we expect the
company's FOCF generation will exceed $150 million, with FOCF to
debt of more than 8%. We also continue to expect Veeam will
maintain adequate liquidity, supported by its cash balances of more
than $350 million and the full availability under its $250 million
revolver due 2029."
Aside from improving its credit metrics, management's long-term
commitment to deleverage and maintain a more-conservative financial
policy are the key considerations for a higher rating. The company
took out payment-in-kind (PIK) founders' debt through a
comprehensive refinancing of its capital structure in 2024 and
completed a secondary equity offering in January 2025, which
attracted a more diversified investor group, including TPG,
Neuberger Berman Capital Solutions, and others. S&P said, "We
believe this investor group is aligned with Veeam's strategic
direction and may be open to monetizing their investment through an
eventual IPO. In addition, we assume that the company will pursue a
disciplined financial policy and aim for gradual deleveraging over
longer term. However, Insight Partners retains a majority ownership
stake of approximately 69% and controls many aspects of the
company's financial decision-making, including its merger and
acquisition (M&A) activity and shareholder returns. While we expect
Veeam will continue pursuing opportunistic bolt-on acquisitions,
given its track record of completing tuck-in deals over the past
five years (none of which it funded with debt), we do not
anticipate any large debt-financed transactions that would lead to
a spike in its leverage."
S&P said, "The stable outlook reflects our expectation that Veeam
will continue to expand its top-line revenue, annual recurring
revenue (ARR), and billings while maintaining EBITDA margins in the
mid-20% range and leverage of below 5x over the next 12 months. We
also anticipate the company will generate more than $150 million of
FOCF annually and maintain adequate liquidity."
S&P could lower its rating on Veeam if increased competition leads
to declines in its top-line revenue and profitability such that:
-- Its S&P Global Ratings-adjusted leverage increases above 5x;
or
-- Its FOCF to debt declines below 5%.
Although unlikely in near term due to its sponsor ownership, S&P
could raise its rating on Veeam to 'BB-' if:
-- The company's leverage approaches 4x or below on a sustained
basis;
-- Its FOCF to debt approaches 10% or higher; and
-- S&P said, "We believe the company and its investor group are
committed to operating with lower leverage level and demonstrate a
track record of disciplined financial policies, including with its
M&A and shareholder returns. Although not necessary for a positive
rating action, we would view milestone progress toward a public
listing as favorable to Veeam's creditworthiness."
WHITE FOREST: Committee Taps Mineral Energy Resource as Consultant
------------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of White Forest Resources, Inc. and its
affiliates, seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to employ Mineral Energy Resource Associates,
LLC as mining consultant.
The Debtors need a mining consultant to provide analyses for a
multitude of needs in the mining space, including, but not limited
to, asset valuations, transactional matters, mine plans and
development, due diligence support, mine permitting, cost analysis
and litigation support.
Philip Evans, the owner and consultant at Mineral Energy Resource
Associates, will be paid at his hourly rate of $400 plus expenses.
Mr. Evans disclosed in a court filing that the firm is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Philip L. Evans
Mineral Energy Resource Associates, LLC
About White Forest Resources
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'
thermalcoal.
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 Feb. 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 Debtors are 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.
On Feb. 26, 2025, the Office of the United States Trustee appointed
an official committee of unsecured creditors in these Chapter 11
cases. The committee tapped Raines Feldman Littrell, LLP as counsel
and Mineral Energy Resource Associates, LLC as mining consultant.
WHOLESALE CAR: Seeks to Hire George Jacobs as Bankruptcy Counsel
----------------------------------------------------------------
Wholesale Car Buying, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Michigan to employ George Jacobs,
Esq., an attorney practicing in Flint, Michigan, as its counsel.
The attorney will render these services:
(a) advise the Debtor with respect to its rights and duties in
connection with this Chapter 11 proceeding; and
(b) perform all other legal services which may be necessary
herein.
Mr. Jacobs will be paid at his hourly rate of $350.
The Debtor paid Mr. Jacobs a retainer of $10,000.
Mr. Jacobs disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The attorney can be reached at:
George E. Jacobs, Esq.
2425 S. Linden Rd., Suite C
Flint, MI 48532
Telephone: (810) 720-4333
Email: george@bklawoffice.com
About Wholesale Car Buying
Based in Saginaw, Mich., Wholesale Car Buying, LLC sells a variety
of vehicles.
Wholesale Car Buying filed Chapter 11 petition (Bankr. E.D. Mich.
Case No. 25-20043) on January 13, 2025, listing total assets of
$434,394 and total liabilities $1,342,755. Mark Shapiro of
Steinberg, Shapiro & Clark serves as Subchapter V trustee.
Judge Daniel S. Oppermanbaycity oversees the case.
George E. Jacobs, Esq., represents the Debtor as legal counsel.
WILSON CREEK: Committee Hires Huron as Financial Advisor
--------------------------------------------------------
The official committee of unsecured creditors of Wilson Creek
Energy, LLC and its affiliates seeks approval from the U.S.
Bankruptcy Court for the Western District of Pennsylvania to employ
Huron Consulting Services LLC as financial advisor.
The firm will provide these services:
a. review of financial disclosures required by the Court,
including the Schedules of Assets and Liabilities, the Statement of
Financial Affairs and Monthly Operating Reports;
b. preparation of analyses required to assess any proposed
Debtor-In-Possession ("DIP") financing or use of cash collateral;
c. assessment and monitoring of the Debtors' short term cash
flow, liquidity, and operating results;
d. review and analysis of the Debtors' proposed employee
compensation and benefits programs;
e. review and analysis of the Debtors' potential disposition or
liquidation of both core and non-core assets;
f. review of the Debtors' cost/benefit analysis with respect to
the affirmation or rejection of various executory contracts and
leases;
g. assessment of the Debtors' identification of potential cost
savings, including overhead and operating expense reductions and
efficiency improvements;
h. review and monitoring of the asset sale process, including,
but not limited to, an assessment of the adequacy of the marketing
process, completeness of any buyer lists, and review and
quantifications of any bids;
i. review and analysis of any tax issues associated with, but
not limited to, claims/stock trading, preservation of net operating
losses, refunds due to the Debtors, plans of reorganization, and
asset sales;
j. review and analysis of the claims reconciliation and
estimation process;
k. review and analysis of other financial information prepared
by the Debtors, including, but not limited to, cash flow
projections and budgets, business plans, cash receipts and
disbursement analysis, asset and liability analysis, and the
economic analysis of proposed transactions for which Court approval
is sought;
l. attendance at meetings and assistance in discussions with the
Debtors, potential investors, banks, other secured lenders, the
Committee and any other official committees organized in the
Chapter 11 Cases, the U.S. Trustee, other parties in interest and
professionals hired by the same, as requested;
m. review and preparation of information and analysis necessary
for the confirmation of a plan and related disclosure statement in
the Chapter 11 Cases;
n. evaluation and analysis of avoidance actions, including
fraudulent conveyances and preferential transfers;
o. assistance in the prosecution of Committee
responses/objections to the Debtors' motions, including attendance
at depositions and provision of expert reports/testimony on case
issues as required by the Committee; and
p. provision of any other general business consulting or such
other assistance as the Committee or its counsel may deem necessary
that are consistent with the role of a financial advisor and not
duplicative of services provided by other professionals in this
proceeding.
The firm will be paid at these rates:
Managing Director $1,075 to $1,400 per hour
Senior Director $975 per hour
Director $825 per hour
Manager $675 per hour
Associate $550 per hour
Analyst $475 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Ryan Bouley, a partner at Huron Consulting Services LLC, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Ryan Bouley
Huron Consulting Services LLC
350 West Cedar Street, Suite 200
Pensacola, FL 32502
Tel: (850) 439-5839
Fax: (850) 439-5768
About Wilson Creek Energy, LLC
Through their U.S.-based operating subsidiaries, Wilson Creek
Energy, LLC and its affiliates supply premium-quality metallurgical
coal, an essential ingredient in steel production. The Debtors'
core business involves the mining, production and supply of
premium-quality metallurgical coal, which is sold to both domestic
and international steel and coke producers. The sources of the
Debtors' metallurgical coal include (i) coal that the Debtors
produce, and (ii) coal that the Debtors purchase from third
parties, which they then enhance through value-added services such
as storing, washing, blending, and loading, making the coal
suitable for sale.
The Debtors' headquarter is located in Friedens, Somerset County,
Pa. All the Debtors' physical assets, mining operations and
employees are based in Somerset County, Pa., and Garrett County,
Md.
Wilson Creek Energy and 10 affiliates filed Chapter 11 petitions
(Bankr. W.D. Pa. Lead Case No. 25-70001) on January 6, 2025. At the
time of the filing, Wilson Creek Energy reported $50 million to
$100 million in assets and $10 million to $50 million in
liabilities.
Judge Jeffery A. Deller presides over the cases.
The Debtors tapped Raines Feldman Littrell, LLP as bankruptcy
counsel; Stikeman Elliott, LLP as Canadian insolvency counsel; BDO
USA as financial advisor and consultant; and
PricewaterhouseCoopers, LLP as Canadian information officer. Omni
Agent Solutions, Inc. serves as the Debtors' claims and noticing
agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
WORKSPORT LTD: Targets Cash Flow Positivity, Growth in 2025
-----------------------------------------------------------
Worksport Ltd. shared proactive business commentary and outlines
key catalyst events projected for 2025.
Corporate Valuation and Growth Outlook:
* Stock Valuation: Worksport Ltd. holds more than 170
registered and pending patents and trademarks, maintains $6 million
cash on hand (as of March 3, 2025), and carries minimal debt
(Debt-to-Asset Ratio of 0.32 as of December 31, 2024). The
Company's advanced U.S. manufacturing facility is designed to
accommodate annual revenue streams of $100 million to $300 million,
and total factory assets exceed current market capitalization.
Management expects to approach cash flow positivity this year and
believes the market has yet to fully recognize Worksport's
fundamental value. Worksport projects that 2025 revenues will be
higher than the Company's present valuation.
* Accelerating Revenue: The Company's revenues rose from $1.5
million in 2023 to $8.5 million in 2024, surpassing $1 million per
month by the close of 2024. Worksport is focused on further
acceleration, targeting $1 million per week within the next 12 to
24 months. Early indicators include a 30% expansion in Worksport's
dealer network in the first two months of 2025.
* Margin Improvements and Investor Visibility: In tandem with
rapid revenue growth, Worksport continues to see improvements in
gross margins. Management anticipates further margin gains in the
latter half of 2025, when the Company is targeting cash flow
positivity. Investors can expect forthcoming announcements
regarding significant new contracts, strategic partnerships, and
developments in e-commerce. The Company's full fourth quarter
results and Annual Report on Form 10-K will be released on March
27, 2025 (Q4 2024 Earnings Call, sign up [here]).
COR and SOLIS Releases:
* SOLIS Solar Tonneau Cover Launch: Worksport remains on
schedule to introduce its "SOLIS" Solar Tonneau Cover in 2025.
Designed for both electric and traditional pickup trucks--the
highest-selling vehicle segment--the SOLIS targets a tonneau cover
market currently valued at $4 billion and projected to continue its
healthy growth. SOLIS is in its final commercialization stages and
currently in production at Worksport's NY Factory.
* COR Portable Energy System: The Company will also launch
"COR", a modular, portable energy system engineered for standalone
use or seamless integration with SOLIS. COR delivers comprehensive
off-grid power solutions suitable for diverse applications and
lifestyles, capitalizing on a rapidly expanding portable energy
market. Set to be produced in partnership with a reputable
manufacturer, COR is slated for certification in Q2 2025.
* Strong Revenue Impact: Management expects SOLIS and COR to
contribute substantially to Worksport's revenue as early as the
third and fourth quarters of 2025. These new offerings, in
combination with the Company's existing tonneau cover business, are
projected to support continued revenue gains and profitability into
2026 and beyond.
AetherLux– Heat Pump Breakthrough:
* Worksport's subsidiary, Terravis Energy, has unveiled
AetherLux, a revolutionary HVAC technology. The AetherLux system is
the world's first heat pump that eliminates defrost cycles, even in
extreme temperatures--solving the industry's biggest limitation and
significantly improving efficiency. Following its global debut,
AetherLux's ZeroFrost™ technology has attracted strong interest
from leading global corporations, recognizing its disruptive
potential. Active discussions are underway with major industry
players to explore its future applications. Worksport views this
innovation as a valuable intellectual property asset and is
committed to leveraging it to drive long-term shareholder value.
Closing Statement To Shareholders:
Worksport's leadership believes the Company is uniquely positioned
for continued significant growth, driven by the upcoming market
launch of the SOLIS and COR product lines, ongoing expansion of its
dealer network, and a commitment to operational excellence.
Supported by a broad patent portfolio, accelerating revenue,
improving margins, and a strong financial footing, Worksport's
management is confident that the current market valuation does not
fully reflect the Company's intrinsic value. Worksport remains
focused on delivering meaningful long-term returns and looks
forward to reporting further progress and milestones over the
course of a transformative 2025.
Learn more about Worksport, here: https://investors.worksport.com.
About Worksport Ltd.
West Seneca, N.Y.-based Worksport Ltd., through its subsidiaries,
designs, develops, manufactures, and owns intellectual property on
a portfolio of tonneau cover, solar integration, portable power
station, and NP (Non-Parasitic), Hydrogen-based green energy
products and solutions for the automotive aftermarket accessories,
power storage, residential heating, and electric vehicle-charging
industries.
Going Concern
The Company cautioned in its Form 10-Q Report for the quarter ended
March 31, 2024, that there is substantial doubt about its ability
to continue as a going concern. As of March 31, 2024, the Company
had $3,536,980 in cash and cash equivalents. The Company has
generated only limited revenues and has relied primarily upon
capital generated from public and private offerings of its
securities. Since the Company's acquisition of Worksport in fiscal
year 2014, it has never generated a profit.
As of September 30, 2024, Worksport had $24,939,158 in total
assets, $8,576,083 in total liabilities, and $16,363,075 in total
shareholders' equity.
WORLD WIDE CARRIERS: Gets CCAA Protection; Riley Faber as Monitor
-----------------------------------------------------------------
World Wide Carriers Ltd. and its affiliates sought and obtained an
initial order ("Initial Order:) under the Companies' Creditors
Arrangement Act, as amended ("CCAA"). The Initial Order declares
that effective March 19, 2025, the NOI proceeding is hereby taken
up and continued under the CCAA and that, as of such date, the
provisions of the Bankruptcy and Insolvency Act ("BIA") will have
no further application to the Companies, save that any and all
steps, agreements and procedures validly taken, done or entered
into by the Companies will remain valid and binding,
notwithstanding the commencement of these CCAA proceedings. B.
Riley Farber Inc. was appointed as Monitor of the Companies.
On March 28, 2025, the Ontario Superior Court of Justice
(Commercial List) ("Court") issued an Amended and Restated Initial
Order ("ARIO") which extends the stay of proceedings up to and
including June 15, 2025.
The Companies said, in recent years, the economic climate has been
challenging for trucking and logistics business. COVID-19 related
demand for trucking and logistics services dissipated in and around
the end of 2022 and beyond as the pandemic subsided. At the same
time, the Companies found its self faced with rapid rising fuel
costs and inflation, as well as the impact of discord between
shareholders. As a result of these factors, the Companies is
facing a liquidity crisis affecting its ability to continue to
operations. The Companies has ceased servicing its debt
obligations and has been unable to make payroll payments when due,
as well as other operating costs necessary to keep the business
running.
A copy of the initial order is available on the Monitor's website
at https://brileyfarber.com/engagements/world-wide-carriers-ltd.
Monitor can be reached at:
B. Riley Farber Inc.
150 York Street, 1600
Toronto, ON M5H 3S5
Hylton Levy
Email: hlevy@brileyfin.com
Paul Denton
Email: @brileyfin.com
Lawyers for the Monitor:
Cassels Brock & Blackwell LLP
Bay Adelaide Centre - North Tower
40 Temperance Street, Suite 3200
Toronto, ON M5H 0B4
Monique Sassi
Email: msassi@cassels.com
Tel: 416-860-6886
Eva Hyderman
Email: ehyderman@cassels.com
Tel: 416-860-2920
Lawyers for the Companies:
Recontruct LLP
80 Richmond W, Suite 1700
Toronto, ON M5H 2A4
Sharon Kour
Email: skour@reconllp.com
Tel: 416-613-8283
William Main
Email: wmain@reconllp.com
Tel: 416-613-6589
Simran Joshi
Email: sjoshi@reconllop.com
Tel: 416-304-6589
World Wide Carriers Ltd. operate a business providing end-to-end
supply chains services, transportation logistics and warehousing
services.
XTI AEROSPACE: Board OKs $5MM Share Buyback Program
---------------------------------------------------
XTI Aerospace, Inc. announced that its board of directors has
authorized management to implement a share repurchase program to
acquire up to $5 million of the Company's common stock. The program
will be aimed at addressing what the Company believes is an
undervaluation of its common stock.
By the authorization, XTI Aerospace may purchase common stock by
way of open market transactions, through privately negotiated
transactions, or by other means including through the use of
trading plans intended to qualify under Rule 10b-18 under the
Securities Exchange Act of 1934, as amended, in accordance with
applicable securities laws and other restrictions. The timing,
total value of stock repurchases, and aggregate number of shares
repurchased will depend upon business, economic and market
conditions, corporate and regulatory requirements, prevailing stock
prices, and other considerations. The share repurchase program will
have an initial term of 12 months, which may be extended to 18
months. The share repurchase program may be suspended or
discontinued at any time and does not obligate the Company to
acquire any amount of common stock.
The Company had approximately 3.7 million shares of common stock
outstanding as of March 18, 2025.
"The decision to implement a share buyback program reflects our
strong confidence in the intrinsic value of XTI Aerospace and our
belief in its future potential," said Scott Pomeroy, Chairman and
CEO of XTI Aerospace. "We are committed to delivering long-term
value to our shareholders, and our continued progress toward
achieving market leadership reinforces our confidence in XTI's
long-term success."
About XTI Aerospace
XTI Aerospace, Inc. -- https://xtiaerospace.com -- is the parent
company of XTI Aircraft Company headquartered near Denver,
Colorado. XTI Aerospace is developing the TriFan 600, a vertical
lift crossover airplane (VLCA) that combines the vertical takeoff
and landing (VTOL) capabilities of a helicopter with the speed and
range of a fixed-wing business aircraft. The TriFan 600 is
designed to reach speeds of 345 mph and a range of 700 miles.
Additionally, the Inpixon (inpixon.com) business unit of XTI
Aerospace is a provider of real-time location systems (RTLS)
technology with customers around the world who use the Company's
location intelligence solutions in factories and other industrial
facilities to help optimize operations, increase productivity, and
enhance safety.
New York-based Marcum LLP, the Company's auditor since 2012, issued
a "going concern" qualification in its report dated April 16, 2024,
citing that the Company has a significant working capital
deficiency, has incurred significant losses, and needs to raise
additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
As of Sept. 30, 2024, XTI Aerospace had $29.28 million in total
assets, $22.42 million in total liabilities, and $6.86 million in
total stockholders' equity.
XYZ HOME: Hires Legal Response Group LLC as Special Counsel
-----------------------------------------------------------
XYZ Home Buyers, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Middle District of Georgia to employ Legal
Response Group LLC as special counsel.
The Debtor needs the firm's legal assistance in preparing, filing
and prosecuting eviction proceedings against certain of Debtors'
tenants in Alabama during this case.
The firm will be paid a flat fee of $2,500 per eviction case.
Sharon D. Davis, Esq., a partner at Legal Response Group LLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Sharon D. Davis, Esq.
Legal Response Group LLC
800 Watterson Curve, Suite 202
Trussville, AL 35173
Tel: (205) 655-3039
About XYZ Home Buyers, LLC
XYZ Home Buyers, LLC manages multiple residential rental
properties.
XYZ Home Buyers filed Chapter 11 petition (Bankr. M.D. Ga. Case No.
25-40081) on February 7, 2025, listing up to $500,000 in both
assets and liabilities. James Bell, chief restructuring officer of
XYZ Home Buyers, signed the petition.
Judge John T. Laney, III oversees the case.
The Debtor is represented by:
Thomas McClendon, Esq.
Jones & Walden LLC
Tel: (404) 564-9300
Email: tmcclendon@joneswalden.com
Y & W INVESTMENT: Seeks to Hire Madison Firm as Counsel
-------------------------------------------------------
Y & W Investment LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of California to employ The Madison Firm
as counsel.
The firm will provide these services:
-- assist the Debtor with the preparation of its Chapter 11
Petition, and preparation of its schedules;
-- provide the Debtor with advice and counseling as to the
bankruptcy proceedings;
-- respond to court documents and pleadings;
-- prepare a Chapter 11 plan and disclosure statement;
-- attend court hearings on its behalf; and
-- prepare a final decree.
The firm will be paid at the rate of $525 per hour.
The firm will be paid a retainer in the amount of $10,000.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Jonathan Madison, Esq., a partner at The Madison Firm, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Jonathan Madison, Esq.
The Madison Firm
345 California Street, Suite 600
San Francisco, CA 94104
Tel: (415) 779-3177
Email: jmadison@themadisonfirm.com
About Y & W Investment LLC
Y & W Investment LLC is a limited liability company.
Y & W Investment LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. Case No. 25-30058) on
January 23, 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:
Dean Lloyd, Esq.
Law Offices Of Dean Lloyd941 Matts Court
Los Altos, CA 94024
Tel: (650) 888-6905
E-mail: legaljaws@gmail.com
ZANO INDUSTRIES: Fine-Tunes Plan Documents
------------------------------------------
Zano Industries, Inc. submitted an Amended Chapter 11 liquidating
plan of reorganization dated March 10, 2025.
The Plan represents the intent of the Debtor to pursue a sale of
the Debtor's Property and distribute the proceeds in accordance
with the priority scheme under the Bankruptcy Code.
The goal of the Chapter 11 case is to pursue a robust sale process
while recognizing the Asset Purchase Agreement ("APA") with TBE RE
Acquisition CO II LLC (the "Purchaser") who is the Stalking Horse
bidder at a purchaser price of $20,000,000 (the "Purchase Price").
Regardless of the outcome of the Auction sale, the Purchase Price
of the APA will provide sufficient funds to satisfy administrative
expenses all classifications of creditors in full.
Like in the prior iteration of the Plan, all Allowed Claims of
Unsecured Creditors will be paid in full from the Proceeds of the
Sale on the Effective Date.
Class 3 consists of the Equity Interests in the Debtor. Any
proceeds after payment of Administrative Claims, claims of the Tax
Lienholders, Unsecured Creditors and any income taxes due, shall be
paid to the equity interests.
The Plan shall be implemented and funded through the sale of the
Property in accordance with the Auction sale process conducted
pursuant to the terms of the Approved Bid Procedures. The results
of the Auction, shall be confirmed at the Confirmation Hearing and
incorporated as part of the Plan and Confirmation Order.
Provisions Relating to the Sale Process.
* Free and Clear Sale. Except as provided in the succeeding
sentences of this Section 3.4(a), the transfer of the Property to
the Successful Purchaser shall be effectuated pursuant to the
Confirmation Order, free and clear of all Liens, Claims, Taxes and
Interests pursuant to Section 363(b), (f) and 1123 (a)(5) of the
Bankruptcy Code, with the tax liens and the secured claim of the
New York State Department of Taxation and Finance to attach to the
sale proceeds with the same validity, extent, and priority as they
attached to the Property. The Property shall not be sold free and
clear of any real property taxes (and related charges) owing to New
York City, and the payment of the next installment thereof, in the
amount of $543,698.84 and due on January 1, 2025, shall be the
responsibility of the Successful Purchaser.
* Sale Approval Order. The sale to the Successful Purchaser
shall be subject to approval of the Bankruptcy Court under Section
363(b), (f) of the Bankruptcy Code through confirmation of the Plan
and entry of the Confirmation Order.
* Deadline to Close. The Sale shall close within thirty days
from the date the Order confirming the Plan and the Sale Order are
signed by the Bankruptcy Court or such later date as is agreed to
by the Debtor and the Lender.
* Transfer of Assets. The Property shall remain in the
Debtor's Estate under Section 541(a) of the Bankruptcy Code until
the Effective Date of the Plan. Upon closing of a Sale, the
Property shall be transferred and conveyed to the Successful
Purchaser. The Confirmation Order shall contain appropriate
provisions authorizing and directing the Debtor to execute or
deliver, or to join in the execution or delivery, on the Closing of
all Property Transfer Instruments and to perform any act that is
necessary for the consummation of the Plan.
* Distribution of Third-Party Sale Proceeds. The Sale Proceeds
realized from the sale of the Property to an acceptable bona fide
third-party buyer shall be distributed in conjunction with other
Available Cash to the holders of Allowed Claims and Interests in
the following order:
-- First, to holders of Allowed Administrative Expense Claims
subject to the agreed caps (but excluding, for avoidance of doubt,
any Administrative Expense Claims consisting of any personal injury
tort, commercial tort, or otherwise) and allowed Priority Tax
Claims.
-- Second, to the Tax Lienholders up to the amount of its
Allowed Secured Claim.
-- Third, to Class 2 unsecured creditors from either the Sale
Proceeds in the amount of their Allowed Claim.
-- Fourth, to Equity interests in the amount of funds
remaining after payment and reserve for all above Allowed Claims.
A full-text copy of the Amended Plan dated March 10, 2025 is
available at https://urlcurt.com/u?l=83bP70 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Ronald Terenzi, Esq.
Cara M. Goldstein, Esq.
Terenzi & Confusione, P.C.
401 Franklin Avenue
Garden City, NY 11530
Telephone: (516) 812-4502
Email: rterenzi@tcpclaw.com
About Zano Industries
Zano Industries, Inc., filed its voluntary petition for protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case
No. 24-43903) on Sept. 19, 2024. In the petition signed by
Ferdinand Provenzano, president, the Debtor disclosed up to $50
million in assets and up to $10 million in liabilities.
Judge Nancy Hershey Lord oversees the case.
The Debtor tapped Ronald Terenzi, Esq., at Terenzi & Confusione,
PC, as bankruptcy counsel; Kevin Nash, Esq., at Goldberg Weprin
Finkel Goldstein LLP as special real estate counsel; and GS & CO as
accountant.
ZOOZ POWER: Expands EV Charging Tech, Global Sales Team
-------------------------------------------------------
ZOOZ Power (Nasdaq and TASE: ZOOZ) announced the enhancement of its
strategic focus with the introduction of Energy Storage Systems
(ESS) and an enhanced Energy Management System (EMS) designed to
lead to maximizing EV charging performance and cost efficiency,
along with the expansion of its sales team.
The newly introduced Energy Storage System (ESS), in addition to
ZOOZ Power's intelligent boosting offering, allows charging
operators to significantly reduce electricity costs by storing
energy during off-peak periods and deploying it during peak demand
hours. This new addition to ZOOZ Power's offering of systems to
manage and improve overall power delivery to clusters of ultra-fast
EV chargers substantially lowers operational expenses and enhances
overall cost efficiency of EV charging infrastructure.
Additionally, ZOOZ Power has upgraded its Energy Management System
(EMS), improving the benefits of both the Intelligent Power Booster
solution (ZOOSTER) and the new ESS offerings. The advanced EMS
operates locally on-site, providing real-time management and rapid
response capabilities to efficiently control energy flow, reduce
power peaks, and extend battery lifecycles.
The ZOOZTER Intelligent Power Booster continues to play a vital
role in ZOOZ Power's comprehensive solution, offering ultra-fast EV
charging even in locations with limited grid capacity. By providing
high-power bursts during charging sessions, the ZOOZTER effectively
mitigates grid constraints, allowing consistent and reliable
ultra-fast charging without costly infrastructure upgrades.
In conjunction with its technological advancements, ZOOZ Power is
expanding its global sales team. The Company is excited to announce
the appointment of Mr. Ilan Tevet as the new Vice President of
Global Sales. With over 25 years of experience in global B2B sales,
business development and marketing, Ilan has a proven track record
of driving growth. His deep expertise will be instrumental in
accelerating ZOOZ Power's planned global expansion.
Furthermore, ZOOZ Power is strengthening its worldwide sales
presence by appointing new sales managers in strategic markets,
including the UK, Germany, and France. Further expansions are
planned in other regions to align with the growing adoption of
electric vehicles.
"Our new ESS solutions, the enhanced EMS, and the strategic
expansion of our sales team are pivotal steps toward providing
comprehensive, efficient, and cost-optimized EV charging
infrastructure," said Erez Zimerman, CEO of ZOOZ Power. "With
Ilan's leadership and our expanded sales force in key markets, we
are uniquely positioned to support and drive the global shift
toward EV adoption."
About ZOOZ Power
Headquartered in St. Lod, Israel, ZOOZ is a provider of
flywheel-based power boosting and energy management solutions,
enabling the widespread deployment of ultra-fast charging
infrastructure for electric vehicles (EVs) while overcoming
existing grid limitations. ZOOZ pioneers its unique flywheel-based
power-boosting technology, enabling efficient utilization and power
management of a power-limited grid at an EV charging site. Its
Flywheel technology allows high-performance, reliable, and
cost-effective ultra-fast charging infrastructure. ZOOZ Power's
sustainable, power-boosting solutions are built with longevity and
the environment in mind, helping its customers and partners
accelerate the deployment of fast-charging infrastructure, thus
facilitating improved utilization rates, better efficiency, greater
flexibility, and faster revenues and profitability growth. ZOOZ is
publicly traded on NASDAQ and TASE under the ticker ZOOZ.
Jerusalem, Israel-based Kesselman & Kesselman, the Company's
auditor since 2018, issued a "going concern" qualification in its
report dated March 7, 2025, citing that the Company has net losses
and has generated negative cash flows from operating activities for
the years ended Dec. 31, 2024, 2023 and 2022. These conditions
create significant uncertainty regarding the Company's ability to
continue as a going concern.
ZRG INC: Seeks to Hire Goldberg Weprin Finkel Goldstein as Counsel
------------------------------------------------------------------
ZRG Inc. and its affiliates seek approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Goldberg Weprin
Finkel Goldstein LLP to handle its Chapter 11 case.
The firm will render these services:
a. provide the Debtor with all necessary representation in
connection with this Chapter 11 case, as well as the Debtor's
responsibilities as a debtor-in-possession;
b. represent the Debtor in all proceedings before the U.S.
Bankruptcy Court and the Office of the U.S. Trustee;
c. review, prepare and file all necessary legal papers,
applications, motions, objections, adversary proceedings,
pleadings, and reports a required in the Chapter 11; and
d. provide all other legal services required with respect to
selling the Property and achieving confirmation of a liquidating
plan of reorganization.
The hourly rates of the firm's counsel are:
Partner $685
Associate $275 to $525
The firm received a $25,000 retainer fee.
Kevin Nash, Esq., a member at Goldberg Weprin Finkel Goldstein,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Kevin J. Nash, Esq.
Goldberg Weprin Finkel Goldstein LLP
125 Park Ave., Floor 12
New York, NY 10017
Telephone: (212) 221-5700
About ZRG Inc.
ZRG Inc. holds 100% of the membership interests in two limited
liability companies: 90 Nassau Street LLC, which owns the real
property located at 90 Nassau Street, New York, NY; and 385
Greenwich Street LLC, which owns the real property located at 385
Greenwich Street, New York, NY.
.
ZRG Inc. sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. E.D.N.Y. Case No. 25-40464) on January 29, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Kevin Nash, Esq., at GOLDBERG WEPRIN
FINKEL GOLDSTEIN LLP, in New York.
[] Berger Singerman Adds Peterson and Eising to Reorg. Team
-----------------------------------------------------------
Berger Singerman, Florida's business law firm, announced the
addition of Edward J. Peterson, III as a partner and James Eising
as an associate to its Business Reorganization Team. Peterson and
Eising will be resident in the firm's Tampa office. Their addition
strengthens the firm's presence in Central Florida, reinforces its
commitment to providing creative and effective bankruptcy and
restructuring counsel to clients throughout the region and beyond.
Including Peterson, Berger Singerman now has four Fellows of the
American College of Bankruptcy on its team, more than any other
restructuring practice in Florida.
"Our firm is committed to providing clients with unparalleled
bankruptcy and restructuring counsel, and the addition of Edward
and James strengthens our ability to do so, particularly in Central
Florida," said Jordi Guso, Managing Partner of Berger Singerman.
"Edward's extensive experience and strategic approach in complex
insolvency matters further enhances our award-winning Business
Reorganization Team."
Peterson, a Chambers-ranked bankruptcy attorney, has represented
debtors, creditors, and creditor committees in out-of-court
workouts and complex bankruptcy cases and matters throughout the
Southeast for the past 25 years. His practice also includes
commercial litigation, director and officer liability matters, and
assignments for the benefit of creditors. Peterson formerly served
as president of the Turnaround Management Association of Florida
and of the Tampa Bay Bankruptcy Bar Association and is a frequent
speaker and author on insolvency issues.
Eising has worked with Peterson in the representation of debtors,
creditors, and fiduciaries in complex bankruptcy and restructuring
matters. Before joining the firm, he worked as a bankruptcy
associate at a Florida-based law firm and served as a judicial
extern for the Honorable Caryl E. Delano and the Honorable Roberta
A. Colton. Prior to practicing law, Eising had a distinguished
20-year career in the U.S. Army, including as a Green Beret in 5th
Special Forces Group, where he held leadership roles in strategic
planning and operations.
Berger Singerman LLP, Florida's business law firm, is home to
approximately 100 attorneys across offices in Fort Lauderdale,
Miami, Orlando, Tallahassee, Tampa, and West Palm Beach. Our team
offers extensive experience in a wide range of commercial law
areas, including business reorganization, corporate securities and
M&A, dispute resolution, intellectual property, employment law,
real estate, environmental and land use, government and regulatory,
healthcare, insurance, internal investigations, tax, wealth
preservation, and estate planning. We are consistently recognized
by independent third parties for our excellence in client service,
exceptional results, and strong firm culture. Recent accolades
include being named Midsize Litigation Department of the Year by
the Daily Business Review, a top Florida law firm by U.S. News &
World Report's "Best Law Firms," and a leading firm by Chambers
USA.
[] Strategy Law Promotes Bankruptcy Expert Phil Wang to Partner
---------------------------------------------------------------
Strategy Law, LLP announces that Phil Wang has been promoted to
Partner as of April 1, 2025.
Managing Partner, Tamara Pow, said, "Phil Wang has been a friend of
mine for many years and now I am thrilled to welcome him as a
Partner at Strategy Law. His extensive experience in bankruptcy,
commercial, and real estate litigation is an excellent complement
to our firm's existing strengths. We look forward to the value and
leadership he will bring to our team and clients."
Phil's practice focuses on commercial litigation, real estate, and
bankruptcy and creditors' rights.
Prior to joining Strategy Law, Phil spent almost 10 years as a
Partner at Rimon P.C. in San Francisco and prior to that, as a
partner at Duane Morris and Gordon & Rees. He gives back to the
community by coaching girls varsity lacrosse at Burlingame High
School where he is fondly known as "Coach Phil."
Phil received his undergraduate degree from Princeton University
and JD from Golden Gate University.
About Strategy Law, LLP
Strategy Law, LLP is a business and real estate law firm located in
downtown San Jose with clients throughout the Bay Area, the State
of California and internationally. The firm focuses on Business
Entity Formations, Business Transactions, Litigation, Corporations,
Employment, Limited Liability Companies, Limited Partnerships,
Mergers and Acquisitions, Problem Loans and Insolvency, Real
Estate, Land Use, Partition Actions, Technology Transfer and
E-Commerce, and Bankruptcy and Creditors' Rights.
Strategy Law, LLP has attorneys throughout California, with offices
in San Jose and Danville.
For more information about Strategy Law, LLP, please go to
www.strategylaw.com.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
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Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
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*** End of Transmission ***