/raid1/www/Hosts/bankrupt/TCR_Public/250425.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Friday, April 25, 2025, Vol. 29, No. 114
Headlines
1847 HOLDINGS: Faces Delisting Notification From NYSE American
1847 HOLDINGS: Registers 778.5M Shares for Possible Resale
1847 HOLDINGS: Waives Working Capital Adjustment in CMD Acquisition
23ANDME HOLDING: Data Breach Class Suit Seeks Group Claim in Ch.11
34715 LLC: Secured Party Sets Auction for May 20, 2025
374WATER INC: Names Stephen Jones to Board to Fill Vacancy
ACCORD LEASE: Court Extends Cash Collateral Access to May 23
AIMBRIDGE HOSPITALITY: Moody's Ups CFR to 'Caa1' on Restructuring
ALBERT WHITMAN: Case Summary & 20 Largest Unsecured Creditors
ALTISOURCE PORTFOLIO: Benefit Street Holds 29.9% Equity Stake
AMERICAN IMPACT: Gets OK to Use Cash Collateral Until May 13
AP CORE: S&P Affirms 'CCC+' Senior Secured Debt Rating
APPLICO LLC: Case Summary & 20 Largest Unsecured Creditors
ARCH THERAPEUTICS: Seeks Chapter 11 Bankruptcy in Massachusetts
ASCEND PERFORMANCE: Files for Bankruptcy, Gets $250M DIP Loan
AZTEC FUND: Claims to be Paid From Property Sale Proceeds
AZZUR GROUP: Disclosure Statement Approved on Interim Basis
BEAUCHAMP ENTERPRISES: Claims to be Paid From Disposable Income
BELMONT TRADING: Court Extends Cash Collateral Access to May 23
BENSON HILL: Creditors Challenge Adviser Appointment
BENT AVENUE: To Sell New Jersey Properties to Burt Hirchman
BIT-TECH LLC: Seeks Subchapter V Bankruptcy in West Virginia
BLACKBERRY LIMITED: Board OKs Enhanced Severance Terms for CEO
BOXLIGHT CORP: Fails to Meet Nasdaq Listing Requirements
BOXLIGHT CORP: Files S-1 for Possible Sale of 1.32M Shares
CARING FOR YOU: Seeks Subchapter V Bankruptcy in Maryland
CORE NATURAL: Moody's Rates New Tax-Exempt Revenue Bond 'B3'
COSMOS GROUP: Appoints Lao Professional as New Auditor
CUCL CORPORATION: Voluntary Chapter 11 Case Summary
CYPRESSWOOD SPRING: Voluntary Chapter 11 Case Summary
DANIEL J. WALLACE: No Patient Complaints, 3rd PCO Report Says
DANIEL J. WALLACE: No Patient Complaints, 4th PCO Report Says
E.F. MARKETING: Case Summary & 20 Largest Unsecured Creditors
EARTH SCIENCE: Acquires 80% of Magnefuse, Alicat for $240.5K
EARTH SCIENCE: Acquires Las Villas, Doconsultations.com for $200K
EARTH SCIENCE: Hires Stephano Slack as New Auditor
EISNER ADVISORY: Moody's Lowers CFR to 'B3', Outlook Stable
ENTECCO FILTER: Court Extends Cash Collateral Access to May 30
FELTRIM TUSCANY: Gets Interim OK to Use Cash Collateral
FIRST CLASS: Seeks to Sell New Jersey, Orlando Excess Equipment
FIRST CLASS: Seeks to Sell Storage Vaults at New Jersey Location
FIT FOR THE RED: Gets Final OK to Use Cash Collateral
FLORIDA FOOD: Moody's Cuts CFR to Ca to Caa3, Outlook Negative
FLORIDA MONSTER: To Sell Restaurant Business to H&H Food for $275K
GENERAL ENTERPRISE: Expands Board, Appoints New Directors
GPB CAPITAL: Deadline to File Claims Set for May 23, 2025
HANDLOS CUSTOM: Case Summary & Three Unsecured Creditors
HANDLOS FARROWING - SOUTH: Voluntary Chapter 11 Case Summary
HANDLOS FARROWING LLC: Voluntary Chapter 11 Case Summary
HANDLOS FARROWING: Voluntary Chapter 11 Case Summary
HANDLOS FEED: Case Summary & One Unsecured Creditor
HANDLOS FINISHING: Case Summary & Four Unsecured Creditors
HANDLOS MANURE: Case Summary & One Unsecured Creditor
HERITAGE GROCERS: S&P Downgrades ICR to 'B-', Outlook Stable
HUDSON'S BAY: Union Slams Illegal Pay Cuts in Liquidation
iM3NY LLC: Moves to Dismiss Chapter 11 Bankruptcy Case
INKED PLAYMATS: Gets Interim OK to Use Cash Collateral Until May 19
IRREGULAR MIKES: Unsecured Creditors to be Paid in Full in Plan
J.C. PENNEY: Jackson Walker Sued Over Damages in Bankruptcy Deal
JANE STREET: S&P Assigns 'BB' ICR on New Notes Issuance
KB DEVELOPMENT: Rental Income & Sale Proceeds to Fund Plan
KIN DEE: Case Summary & 10 Unsecured Creditors
KULA GRAIN: Case Summary & Nine Unsecured Creditors
LABL INC: Moody's Affirms 'Caa1' CFR, Outlook Remains Negative
LAZZARA FAMILY BRICK: Seeks Subchapter V Bankruptcy in Florida
LEISURE INVESTMENTS: April 29 Deadline for Panel Questionnaires
LILYDALE PROGRESSIVE: Gets Extension to Access Cash Collateral
MAINE CRAFT: Gets Final OK to Use Cash Collateral
MARK REAL ESTATE: Case Summary & Three Unsecured Creditors
MARTINES PALMEIRO: Seeks Chapter 11 Bankruptcy in Colorado
MIDWEST MOBILE: PCO Submits First Report
MOBIQUITY TECHNOLOGIES: Posts Net Loss of $8.6 Million in 2024
MOLECULAR TEMPLATES: Seeks Chapter 11 Bankruptcy in Delaware
MULTI PIG: Case Summary & One Unsecured Creditor
NATIONWIDE EXPRESS: Unsecureds to Get $10,800 in Quarterly Payments
NEUROONE MEDICAL: Prices $8M Public Offering of Common Shares
NUEVA VISTA: Case Summary & Five Unsecured Creditors
OAKLAND PHYSICIANS: Quality of Patient Care Maintained, PCO Reports
OFF-ROAD AUTOMOTIVE: Seeks Chapter 11 Bankruptcy in Colorado
OFFICE PROPERTIES: Files Prospectus Supplement for $99.7M Offering
OMEGA THERAPEUTICS: Gets Court Clearance for $14MM Chapter 11 Sale
PACIFIC PRAIRIE: Seeks Chapter 11 Bankruptcy in Wisconsin
PATRIOT TRANSPORT: Terletsky to Contribute $10K; Files Amended Plan
PAVMED INC: Secures $2.88 Million Sales Agreement With Maxim
PERMIAN RESOURCES: Moody's Ups CFR to Ba1, Alters Outlook to Stable
PREDICTIVE ONCOLOGY: Ends Merger Talks With Renovaro Inc.
PROMEDICA HEALTH: Moody's Upgrades Revenue Bond Rating to Ba1
PROSPECT MEDICAL: April 30, 2025 Assets Sale Hearing Set
R.A.R.E. CORP: Gets Interim OK to Use Cash Collateral Until May 15
REBELLION POINT: Gets Interim OK to Use Cash Collateral
REBORN PHOENIX: Seeks Chapter 11 Bankruptcy in New York
REGARD RECOVERY: Secured Party Sets Auction for June 5, 2025
REGIONAL HOUSING: No Decline in Patient Care at Columbus Facility
REGIONAL HOUSING: No Decline in Patient Care at Gardens of Rome
REGIONAL HOUSING: No Decline in Patient Care at Gardens of Savannah
REGIONAL HOUSING: No Decline in Patient Care at Landings of Douglas
REGIONAL HOUSING: PCO Reports Gainesville Facility Closure
REGIONAL HOUSING: PCO Reports Social Circle Facility Closure
RIVER FALL 529: Case Summary & Six Unsecured Creditors
ROCKY MOUNTAIN: FMR LLC, Abigail Johnson Disclose Stake
RYAN HOHMAN: Voluntary Chapter 11 Case Summary
SANUWAVE HEALTH: COO Peter Stegagno Reports Stake as of April 7
SASAS HOSPITALITY: Court Extends Cash Collateral Access to May 15
SCILEX HOLDING: Narrows Loss to $72.81M as Revenue Climbs to $56.6M
SEBA ABODE: Section 341(a) Meeting of Creditors on April 28
SEQUENCING HEALTH: Secured Creditor Sets Foreclosure Sale
SHOREVIEW APARTMENTS: Voluntary Chapter 11 Case Summary
SOBR SAFE: Thomas Corley Holds 13.2% Equity Stake as of April 7
SOUTHWEST FT WORTH: Voluntary Chapter 11 Case Summary
STEWARD HEALTH: Susan Goodman Submits Final PCO Report
SUNATION ENERGY: Raises $20 Million in Two-Tranche Offering
TERRA LAKE: Case Summary & Three Unsecured Creditors
TI FLUID: S&P Withdraws 'BB' Issuer Credit Rating
TITAN ENVIRONMENTAL: COO Dominic Campo Reports Stake
TOLL ROAD INVESTORS: S&P Lowers ICR to 'B+', Outlook Negative
TRANSMEDCARE LLC: Court Extends Cash Collateral Access to June 5
TRINITY ENTERPRISES: Section 341(a) Meeting of Creditors on May 21
VOLITIONRX LTD: Lagoda Investment Holds 10.56% Equity Stake
WASPY'S - TEMPLETON: Case Summary & 14 Unsecured Creditors
WW INTERNATIONAL: Prepares Chapter 11 Filing
[] BOOK REVIEW: A History of the New York Stock Market
*********
1847 HOLDINGS: Faces Delisting Notification From NYSE American
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1847 Holdings, LLC disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company received a
notification letter from NYSE Regulation notifying the Company that
it had determined to delist the Company's common shares from NYSE
American as it had determined that the Company is no longer
suitable for listing pursuant to Section 1003(f)(v) of the NYSE
American Company Guide due to the low selling price of the
Company's common shares.
Under NYSE delisting procedures, the Company has a right to a
review of this determination by the Listings Qualifications Panel
of the Committee for Review of the Board of Directors of the
Exchange by providing a written request for such a review.
Trading of the Company's common shares on NYSE American was
suspended on April 3, 2025. Since the Company intended to request a
review of the delisting determination, trading of the Company's
common shares will remain suspended until the review is completed.
If the delisting determination is upheld, NYSE American will file a
Form 25 with the U.S. Securities and Exchange Commission to delist
the common shares from NYSE American. The deregistration of the
common shares under Section 12(b) of the Act will be effective 90
days, or such shorter period as the U.S. Securities and Exchange
Commission may determine, after filing of the Form 25.
About 1847 Holdings
Based in New York, NY, 1847 Holdings LLC -- www.1847holdings.com --
is an acquisition holding company focused on acquiring and managing
a group of small businesses, which the Company characterizes as
those with an enterprise value of less than $50 million, in a
variety of different industries headquartered in North America.
Draper, Utah-based Sadler, Gibb & Associates, LLC, the Company's
auditor since 2017, issued a "going concern" qualification in its
report dated Mar. 31, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended Dec. 31, 2024, citing that the
Company has suffered recurring losses and negative cash flows from
operations, and has a working capital deficit, which raises
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, the Company had $33,647,738 in total assets,
$130,113,775 in total liabilities, and a total stockholders'
deficit of $96,466,037.
1847 HOLDINGS: Registers 778.5M Shares for Possible Resale
----------------------------------------------------------
1847 Holdings LLC filed a Registration Statement on Form S-1 with
the U.S. Securities and Exchange Commission relating to 778,524,571
common shares that may be sold from time to time by the selling
shareholders -- 3i, LP, Alpha Capital Anstalt, Alta Partners, LLC,
Altium Growth Fund, LP, Alto Opportunity Master Fund, SPC -
Segregated Master Portfolio B, Bigger Capital Fund, LP, BJI
Financial Group, Brio Capital Master Fund Ltd., CVI Investments,
Inc., FirstFire Global Opportunities Fund, LLC, Great Point
Capital, LLC, L1 Capital Global Opportunities Master Fund,
Rainforest Partners LLC, Robert Forster, and S.H.N. Financial
Investments Ltd. -- which include:
* 507,733,417 common shares issuable to the selling
shareholders upon the exercise of series A warrants; and
* 270,791,154 common shares issuable to the selling
shareholders upon the exercise of series B warrants.
1847 Holdings said, "We will not receive any proceeds from sales of
the common shares held by the selling shareholders or from the
exercise of the pre-funded warrants or series A warrants held by
the selling shareholders, but we will receive funds from the
exercise of the series B warrants held by the selling
shareholders.
"Our common shares previously traded on NYSE American under the
symbol "EFSH." On April 3, 2025, NYSE American notified us that it
has determined to commence proceedings to delist our common shares
and trading of our common shares on NYSE American was suspended on
such date. We are requesting a review of NYSE American's
determination to delist our common shares. Accordingly, trading of
our common shares will remain suspended pending the outcome of that
review."
"The selling shareholders may offer and sell the common shares
being offered by this prospectus from time to time in public or
private transactions, or both. These sales may occur at fixed
prices, at market prices prevailing at the time of sale, at prices
related to prevailing market prices, or at negotiated prices. The
selling shareholders may sell shares to or through underwriters,
broker-dealers or agents, who may receive compensation in the form
of discounts, concessions or commissions from the selling
shareholders, the purchasers of the shares, or both. Any
participating broker-dealers and any selling shareholders who are
affiliates of broker-dealers may be deemed to be "underwriters"
within the meaning of the Securities Act of 1933, as amended, or
the Securities Act, and any commissions or discounts given to any
such broker-dealer or affiliates of a broker-dealer may be regarded
as underwriting commissions or discounts under the Securities Act.
The selling shareholders have informed us that they do not have any
agreement or understanding, directly or indirectly, with any person
to distribute their common shares."
A full-text copy of the Registration Statement is available at:
https://tinyurl.com/mr2vu8dc
About 1847 Holdings
Based in New York, NY, 1847 Holdings LLC -- www.1847holdings.com --
is an acquisition holding company focused on acquiring and managing
a group of small businesses, which the Company characterizes as
those with an enterprise value of less than $50 million, in a
variety of different industries headquartered in North America.
Draper, Utah-based Sadler, Gibb & Associates, LLC, the Company's
auditor since 2017, issued a "going concern" qualification in its
report dated Mar. 31, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended Dec. 31, 2024, citing that the
Company has suffered recurring losses and negative cash flows from
operations, and has a working capital deficit, which raises
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, the Company had $33,647,738 in total assets,
$130,113,775 in total liabilities, and a total stockholders'
deficit of $96,466,037.
1847 HOLDINGS: Waives Working Capital Adjustment in CMD Acquisition
-------------------------------------------------------------------
As previously disclosed, on November 4, 2024, 1847 CMD Inc., a
wholly owned subsidiary of 1847 Holdings LLC, entered into a stock
and membership interest purchase agreement with Christopher M. Day,
which was amended and restated on December 5, 2024, and further
amended on December 13, 2024, and December 16, 2024.
Pursuant to the Purchase Agreement, 1847 CMD agreed to acquire all
the issued and outstanding capital stock of CMD Inc., a Nevada
corporation, and all the membership interests of CMD Finish
Carpentry LLC, a Nevada limited liability company, from The CD
Trust, dated October 18, 2021.
On December 16, 2024, closing of the transactions contemplated by
the Purchase Agreement was completed. Pursuant to the Purchase
Agreement, the Company acquired the CMD Companies for an aggregate
purchase price of $18,750,000, consisting of $17,750,000 in cash
(subject to adjustments) and $1,000,000 of a promissory note in the
principal amount of $1,050,000, the remaining $50,000 of which is
allocated for Seller's expenses. The Company also paid a deposit of
$1,000,000 and the Seller's legal fees of $25,000, which were not
applied to the Purchase Price.
Pursuant to the Purchase Agreement, the Purchase Price was subject
to a post-closing working capital adjustment provision.
On April 2, 2025, the parties entered into Amendment No. 3 to the
Purchase Agreement, pursuant to which the parties agreed to waive
the working capital adjustment provision. The parties also agreed
that no Purchase Price adjustment was due at the closing as a
result of comparing the Net Working Capital Target to the net
working capital reflected in the Preliminary Balance Sheet. In
addition, the parties agreed that the Seller will not be in breach
of Section 4.5 of the Purchase Agreement (Financial Statements)
with respect to line items that are included in the net working
capital calculation.
About 1847 Holdings
Based in New York, NY, 1847 Holdings LLC -- www.1847holdings.com --
is an acquisition holding company focused on acquiring and managing
a group of small businesses, which the Company characterizes as
those with an enterprise value of less than $50 million, in a
variety of different industries headquartered in North America.
Draper, Utah-based Sadler, Gibb & Associates, LLC, the Company's
auditor since 2017, issued a "going concern" qualification in its
report dated Mar. 31, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended Dec. 31, 2024, citing that the
Company has suffered recurring losses and negative cash flows from
operations, and has a working capital deficit, which raises
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, the Company had $33,647,738 in total assets,
$130,113,775 in total liabilities, and a total stockholders'
deficit of $96,466,037.
23ANDME HOLDING: Data Breach Class Suit Seeks Group Claim in Ch.11
------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that 23andMe users
involved in a data breach class action have requested a deadline
extension to file claims and permission to submit a collective
claim in the company’s bankruptcy case.
The plaintiffs, who are pursuing a related case in the U.S.
District Court for the Northern District of California, filed a
motion Tuesday in the U.S. Bankruptcy Court for the Eastern
District of Missouri. They are seeking to file a single claim on
behalf of the entire class—comprising 6 million
individuals—arguing that many class members may not have enough
information to accurately value their individual claims, according
to Bloomberg Law.
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
34715 LLC: Secured Party Sets Auction for May 20, 2025
------------------------------------------------------
In accordance with applicable provisions of the Uniform Commercial
Code as enacted in New York by virtue of certain events of default
under those certain pledge and security agreements, each dated as
of Dec. 15, 2023, and that certain amended and restated pledge and
security agreement and assignment of lease and rents dated as of
June 18, 2024, executed and delivered by 34715 LLC and Jeffrey M.
Krauss, in accordance with its rights as holder of the security,
NYC TH Share Holder LLC ("secured party") will offer for sale at
public auction (x) all of 34715 LLC's rights, title and interest in
the to the following: (i) its shares in 7 East 88th St. Corp,
allocated to cooperative units 1A, 1B, 2A, 3A, 4A, 4B, 5A, 5B and
roof, at the premises known and located at 7 East 88th Street, New
York, NY 10128, (ii) the proprietary leases appurtenant thereto;
and (y) Jeffrey M. Krauss's 100% membership interest in and to the
following (i) 34715 LLC and (ii) certain related rights and
property relating thereto.
Secured party's understanding is that the principal asset of 34715
Pledged Entity are the units. Secured Party's understanding is
that the principal asset of NYC157 pledged Entity is that certain
property located at 12 Woodin Road, Kent, CT 06757.
Mannion Auctions will conduct a public auction sale on May 20,
2025, at 3:30 p.m. in satisfaction of an indebtedness in the
approximate amount of $14,509,956.20 including principal, interest
on principal, and reasonable fees and costs, plus default interest
through May 20, 2025.
Online bidding will be made available via Zoom Meeting: Meeting
Link: https://bit.ly/34715UCC Meeting ID: 848 0028 4375 Passcode:
441835 One Tap Mobile: +16469313860,,84800284375#,,,,*441835# US
Dial in: +1 646 931 3860 US.
Interested parties who intend to bid on the collateral must
contact: Greg Corbin at Northgate Real Estate Group, 433 Fifth
Avenue, 4th Floor, New York, NY 10016, (212) 419-8101,
greg@northgatereg.com, to receive the terms and conditions of the
sale and bidding instructions by May 16, 2025, at 3:30 p.m.
Attorneys for the Secured Party:
Jerod C. Feuerstein, Esq.
360 Lexington Avenue
Suite 1200
New York, New York 10017
Tel: (212) 661-2900
374WATER INC: Names Stephen Jones to Board to Fill Vacancy
----------------------------------------------------------
374Water Inc. has appointed Stephen Jones to its Board of
Directors, filling a vacant seat. The appointment, which took
effect April 14, 2025, was disclosed in the Company's latest Form
8-K filing with the U.S. Securities and Exchange Commission.
From March 2015 through October 2020, Mr. Jones was president,
chief executive officer and a director of Covanta Holding
Corporation (formerly NYSE: CVA, now owned by private equity), a
global provider of sustainable waste and energy solutions. Prior
to joining Covanta in January 2015, Mr. Jones was employed from
1992 through September 2014 by Air Products and Chemicals, Inc., a
global supplier of industrial gases and equipment. Mr. Jones held
a variety of senior-level management positions at Air Products
including in the company's tonnage gases, equipment, energy and
industrial chemicals businesses, culminating with his role as Air
Products' China president based at the company's office in
Shanghai. Mr. Jones is a director of Tronox Holdings plc, an
industrial and chemical company (NYSE: TROX), and chairman of the
board of directors of Badger Infrastructure Solutions Ltd., a
Canadian infrastructure solutions company specializing in
nondestructive excavation services (TSE: BDGI). Mr. Jones also
serves as a special advisor to the supervisory board of Hitachi
Zosen Inova AG, a global cleantech company. Prior to joining Air
Products in 1992, Mr. Jones practiced corporate law at Dechert LLP
in Philadelphia, PA, primarily in the area of mergers and
acquisitions.
The Board plans to assign Mr. Jones to one or more of its
committees, but has not yet decided which ones. The Company will
update the Form 8-K once those committee assignments are
finalized.
The Board has not yet determined the compensation (either form or
amount) for non-employee directors for fiscal 2025. Mr. Jones will
receive the same compensation that other Board members will receive
for his service on the Board. He may receive additional fees for
committee service or in the event he holds other roles on the
Board. In accordance with the Company's customary practice, the
Company expects to enter into an indemnification agreement with Mr.
Jones in substantially the same form provided to other similarly
situated officers and directors of the Company.
Mr. Jones was appointed to the Board without any agreement or
understanding with another person. There are no past or proposed
transactions involving the Company and Mr. Jones or his immediate
family that need to be disclosed under SEC rules.
About 374Water
374Water Inc., based in Morrisville, North Carolina, is a global
industrial technology company specializing in innovative solutions
for organic waste destruction and treatment. Its proprietary
AirSCWO system efficiently mineralizes both hazardous and
non-hazardous organic wastes, converting them into safe water,
mineral effluent, clean vent gas, and recoverable heat energy. The
system eliminates recalcitrant organic wastes without generating
byproducts, simplifying complex waste processing practices across
municipal, federal, and industrial sectors. By transforming waste
into valuable resources, 374Water is pioneering sustainable waste
management solutions.
In its report dated March 27, 2025, the Company's auditor, Cherry
Bekaert LLP, issued a "going concern" qualification, citing
recurring losses and negative cash flows from operations, which
raise substantial doubt about the Company's ability to continue as
a going concern.
374Water reported a total comprehensive loss of $12.43 million for
the year ending Dec. 31, 2024, compared to a total comprehensive
loss of $8.10 million for the year ending Dec. 31, 2023. As of
Dec. 31, 2024, the Company had total assets of $19.18 million,
total liabilities of $3.71 million, and total stockholders' equity
of $15.47 million.
ACCORD LEASE: Court Extends Cash Collateral Access to May 23
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
issued a seventh interim order extending Accord Lease, Inc.'s
authority to use its lenders' cash collateral from April 18 to May
23.
The interim order signed by Judge Deborah Thorne authorized the
company to use the cash collateral of BMO Bank N.A., and 11 other
lenders to pay the operating expenses set forth in the budget,
which outlines the company's projected monthly expenses of
$79,652.58.
As protection for the use of their cash collateral, the lenders
were granted replacement liens on the company's post-petition
assets.
The next hearing is set for May 21.
About Accord Lease Inc.
Accord Lease Inc. operates an automotive leasing and renting
business in Elgin, Ill.
Accord Lease filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
24-16518) on November 1, 2024, listing total assets of $3,773,857
and total liabilities of $5,800,404. Igor Tsapar, president of
Accord Lease, signed the petition.
Judge David D. Cleary handles the case.
O. Allan Fridman, Esq., at the Law Office of O. Allan Fridman is
the Debtors legal counsel.
BMO Bank N.A., as lender, is represented by:
James P. Sullivan, Esq.
Chapman and Cutler, LLP
320 South Canal Street
Chicago, IL 60606
Tel: 312.845.3000
jsullivan@chapman.com
AIMBRIDGE HOSPITALITY: Moody's Ups CFR to 'Caa1' on Restructuring
-----------------------------------------------------------------
Moody's Ratings upgraded the corporate family rating of Aimbridge
Hospitality Holdings, LLC to Caa1 from Ca following its debt
restructuring. At the same time, Moody's downgraded the probability
of default rating to D-PD from Ca-PD reflecting the equitization of
the company's debt. Three days after this rating action, the
probability of default rating will be upgraded to Caa1-PD.
Concurrently, Moody's assigned new ratings to the debt of Aimbridge
Acquisition Co., Inc. (combined herein as Aimbridge), including a
backed senior secured first out term loan rating of B2 and a backed
senior secured second out term loan rating of Caa1. The outlook is
stable for Aimbridge Acquisition Co., Inc. and the outlook was
changed to stable from negative for Aimbridge Hospitality Holdings,
LLC.
Moody's will move the CFR and PDR from Aimbridge Hospitality
Holdings, LLC to Aimbridge Acquisition Co., Inc. following this
rating action, as Aimbridge Acquisition Co., Inc. issues the
financials and is the issuer of the debt.
The upgrade to Caa1 reflects Aimbridge's new capital structure
following its restructuring which included the conversion of about
$1.1 billion of debt into equity – Aimbridge now has $210 million
of debt outstanding. The rating also reflects Moody's projections
that Aimbridge will have sufficient liquidity to cover cash burn of
approximately $50 million in 2025 before turning to about breakeven
in 2026. However, the ratings also reflect the risk to the
company's recovery in 2026 – revenue improvement is dependent
upon the addition of new properties, reduction in the pace of
properties lost and improved profitability – given the current
macroeconomic headwinds. The lodging industry as a whole has not
yet been impacted by declining consumer confidence, but it will
face pressured demand if the economic downturn worsens.
Aimbridge's revenue and earnings in 2025 will be pressured by
elevated churn experienced over the past three years, resulting in
modest net revenue and EBITDA of below $350 million and $50
million, respectively. Moody's projects the company's new
management team will be able to improve revenue and earnings in
2026 through property growth, better operations, cost cutting
initiatives, and higher RevPAR. The debt restructuring is a
governance consideration and a key rating driver.
RATINGS RATIONALE
Aimbridge's ratings reflect its position as the largest third party
hotel management company with about double the number of properties
under management than the next closest competitor. Aimbridge's
ratings also benefit from its good diversification in terms of
geography, brands, and hotel owners. Under normal conditions the
company will benefit from strong free cash flow due in part to its
minimal capital expenditure requirements. The company's ratings are
constrained by the company's small scale in terms of net revenue
and earnings relative to similarly rated peers which makes the
company more vulnerable to macroeconomic downturns than larger,
better capitalized companies. The company also faces headwinds as
it attempts to grow its property count and improve operations given
the current macroeconomic environment that will result in pressured
travel demand.
The stable outlook reflects Aimbridge's adequate liquidity which
will be sufficient to cover cash burn in 2025. Credit metrics will
not improve materially until 2026 at the earliest, when debt/EBITDA
improves to around 5.0x and free cash flow approaches breakeven.
Aimbridge's liquidity is adequate with post-transaction cash of
about $140 million which will be sufficient to cover Moody's
projections of cash burn of about $50 million in 2025. The company
has no access to a committed revolving credit facility. There are
no near term maturities, the company's term loans mature in 2030,
and no mandatory amortization on either term loan. The second out
term loan has a paid-in-kind (PIK) feature until the first quarter
of 2026. If at that time cash exceeds $75 million, the PIK interest
converts to cash interest. There are no financial maintenance
covenants in the credit agreement. Alternate forms of liquidity are
modest as the company is a hotel management company and does not
own any hotels.
Per Moody's Loss Given Default for Speculative-Grade Companies
methodology (LGD Methodology), the B2 rating on the senior secured
first out term loan, two notches above the CFR, reflects the
material amount of debt below it in the debt waterfall including
the second out term loan and unsecured claims. There is a one notch
downward override to the first out term loan given the amount of
unsecured claims that may not provide a benefit to the first out
lenders in a default scenario. The Caa1 rating of the second out
reflects the aforementioned unsecured claims below it in the
waterfall and the first out debt ahead of it.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if liquidity improves and the company is
able to generate sustained positive free cash flow. Ratings could
also improve if earnings growth is sufficient to support
debt/EBITDA sustained below 7x. Ratings could be downgraded if
liquidity deteriorates from Moody's current expectations with free
cash flow not approaching breakeven in 2026, or the recovery
prospects are lower than Moody's currently expects.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Aimbridge Acquisition Co., Inc., through its subsidiaries Aimbridge
Hospitality Holdings, LLC and KIHR Holdings, Inc., is the largest
third-party hotel operator, with over 1,000 properties across North
America, EMEA and LATAM. The company is currently owned by its
previous lender base, some of whom are more traditional private
equity firms. The company is private and does not file public
financials. Net revenue was about $417 million for the 12 months
ended September 30, 2024.
ALBERT WHITMAN: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Albert Whitman & Company
250 S. Northwest Highway, Suite 320
Park Ridge, IL 60068-4237
Business Description: Albert Whitman & Company is an
independent
children's-book publisher founded in 1919.
Headquartered in Park Ridge, Illinois, it
produces picture books, middle-grade fiction
and nonfiction, and the long-running Boxcar
Children mystery series, and has recently
expanded into multimedia adaptations of its
titles.
Chapter 11 Petition Date: April 22, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-06161
Judge: Hon. Jacqueline P Cox
Debtor's Counsel: William Factor, Esq.
THE LAW OFFICES OF WILLIAM J. FACTOR, LTD
105 W. Madisoon St., Suite 2300
Chicago, IL 60602
E-mail: wfactor@wfactorlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by John Quattrocchi 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/HC5UZYA/Albert_Whitman__Company__ilnbke-25-06161__0001.0.pdf?mcid=tGE4TAMA
ALTISOURCE PORTFOLIO: Benefit Street Holds 29.9% Equity Stake
-------------------------------------------------------------
Benefit Street Partners L.L.C. disclosed in a Schedule 13G filed
with the U.S. Securities and Exchange Commission that as of March
31, 2025, it beneficially owns 31,409,347 shares of Altisource
Portfolio Solutions S.A.'s common stock, representing 29.9% of the
outstanding shares of common stock, based on the 87,582,129 shares
reported as outstanding as of March 25, 2025, in the Company's Form
10-K/A filed on April 1, 2025.
Benefit Street may be reached through:
Enrico Gallo, Authorized Signatory
1 Madison Avenue, Suite 1600
New York, NY 10010
Tel: 401-751-1700
A full-text copy of Benefit Street's SEC Report is available at:
https://tinyurl.com/2ktwm4p6
About Altisource
Headquartered in Luxembourg, Altisource Portfolio Solutions S.A. --
https://www.Altisource.com/ -- is an integrated service provider
and marketplace for the real estate and mortgage industries.
Combining operational excellence with a suite of innovative
services and technologies, Altisource helps solve the demands of
the ever-changing markets it serves.
As of Dec. 31, 2024, Altisource Portfolio Solutions had $143.6
million in total assets, $300.3 million in total liabilities, and a
total stockholders' deficit of $156.7 million.
* * *
In March 2025. S&P Global Ratings raised its Company credit rating
on Altisource Portfolio Solutions S.A. to 'CCC+' from 'SD'.
S&P said, "We also assigned our 'B' issue-level rating and '1'
recovery rating to the new $12.5 million senior secured debt (super
senior facility), 'CCC-' issue-level rating and '6' recovery rating
to the new $160 million senior subordinated debt (new first lien
loan), and withdrew our ratings on the company's exchanged senior
secured term loan, which was rated 'D'.
"The stable outlook reflects our expectation that over the next 12
months, while we expect Altisource to generate positive cash flow
from operations, we believe its liquidity will remain constrained
and the company will remain dependent on favorable financial and
economic conditions to meet its financial commitments.
AMERICAN IMPACT: Gets OK to Use Cash Collateral Until May 13
------------------------------------------------------------
American Impact Windows and Doors, LLC received interim approval
from the U.S. Bankruptcy Court for the Southern District of
Florida, Miami Division to use cash collateral through May 13.
The company was authorized to use cash collateral to pay ordinary
and necessary business expenses as set forth in its budget, with up
to 10% flexibility per line item and in aggregate.
As protection, secured lenders were granted a post-petition lien
with the same validity and priority as their pre-bankruptcy liens.
In addition, the company was ordered to maintain insurance coverage
pursuant to their loan agreements with lenders as further
protection.
A final hearing is set for May 13.
About American Impact Windows & Doors
American Impact Windows & Doors LLC installs and replaces
impact-resistant windows and doors for residential and commercial
clients. The Company's products are built to withstand severe
weather, including hurricanes, making them perfect for the region's
tough climate. The Company offers easy installations, a variety of
window and door options, and financing plans. It also provides
custom solutions like glass rails and storefront doors, along with
permit expediting services.
American Impact Windows & Doors LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12943) on
March 19, 2025. In its petition, the Debtor reported estimated
asserts up to $50,000 and estimated liabilities between $1 million
and $10 million.
Judge Laurel M. Isicoff handles the case.
The Debtor is represented by:
Carlos E. Sardi, Esq
Tel: 305-697-8690
Email: carlos@sardilaw.com
AP CORE: S&P Affirms 'CCC+' Senior Secured Debt Rating
------------------------------------------------------
S&P Global Ratings affirmed its 'CCC+' issue-level rating on
College Parent L.P.'s financing subsidiary AP Core Holdings II
LLC's senior secured revolving credit facility, senior secured term
loan B-1, and senior secured term loan B-2 and revised its senior
secured recovery rating on the debt to '4' from '3'. The '4'
recovery rating reflects its expectation for average (30%-50%;
rounded estimate: 40%) recovery in the event of a payment default.
The revision of the recovery rating follows AP Core's announcement
that it entered into a $360 million accounts receivable
securitization facility to better manage its net working capital.
S&P said, "Although the company currently has about $150 million
outstanding on the facility, we expect it would draw 60% of the
facility in a simulated default scenario and that the claims would
rank in priority to the company's existing senior secured
obligations. This would reduce the collateral available to the
secured lenders in our simulated default scenario, thus reducing
expected recovery prospects."
S&P said, "Our 'CCC+' issuer credit rating and stable outlook on AP
Core's parent College Parent L.P. are unchanged because, despite
the incremental debt, we still believe College Parent has
sufficient liquidity to fund expected free operating cash flow
outflows over the next year given its cash balance of $877.5
million as of Dec. 31, 2024, and we do not expect it to face a
default over the next 12 months. However, we still expect College
Parent to be dependent on favorable business and economic
conditions to meet its future financial obligations beyond the next
12 months."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- AP Core Holdings II LLC, an operating subsidiary of College
Parent L.P., is the borrower of the company's $360 million accounts
receivable securitization facility (not rated), $150 million senior
secured revolving credit facility due 2026, $654.1 million
(outstanding as of Dec. 31) senior secured term loan B-1 due 2027,
and $1.01 billion (outstanding) senior secured term loan B-2 due
2027.
-- Additional unrated debt at College Parent that sits outside the
borrower and collateral group includes a $100 million AOL revolving
credit facility and a $900 million (outstanding) AOL term loan A
both due 2028, a $479.1 million (outstanding) delayed-draw term
loan due 2026, and a $300 million ($137.6 million outstanding)
trade receivable securitization facility.
-- For S&P's recovery analysis, it values AP Core as a stand-alone
entity. Its emergence EBITDA represents only the EBITDA generated
at AP Core and its subsidiaries.
-- Substantially all of AP Core Holdings II LLC's current and
future direct and indirect subsidiaries guarantee the debt. The
debt has a secured pledge of all the assets and stock of the
eligible subsidiaries at AP Core. However, the debt is not
guaranteed by College Parent's remaining subsidiaries outside of AP
Core.
-- AP Core includes College Parent's consumer properties and
search businesses and excludes its ad technology business,
membership services business, and AOL consumer business.
-- S&P's emergence EBITDA excludes unrealized synergies from the
company's planned cost savings and includes capitalized software
development and labor costs because it views these as a reoccurring
operating expense.
Simulated default assumptions
-- S&P's simulated default considers intense competition from
better-capitalized peers, pricing pressure, and a sharp decline in
advertising and marketing spending. Eventually, AP Core's liquidity
and capital resources would become strained to the point that it
could not continue to operate absent a default in 2026.
-- S&P assumes AP Core's $150 million revolving credit facility
will be 85% drawn and the accounts receivable securitization
facility will be 60% drawn at default.
-- All debt claims include six months of prepetition interest.
-- S&P valued AP Core on a going-concern basis using a 6x multiple
of its projected emergence EBITDA, which is in line with the
multiples it uses for most of the other digital marketing and
advertising companies S&P rates.
Simplified waterfall
-- EBITDA at emergence: $174 million
-- EBITDA multiple: 6x
-- Gross enterprise value: $1 billion
-- Net enterprise value (after 5% administrative costs): $993
million
-- Estimated priority debt claims (accounts receivable
securitization facility): $220 million
-- Value available for senior secured debt claims: $773 million
-- Estimated senior secured debt claims: $1.83 billion
--Recovery expectations: 30%-50% (rounded estimate: 40%)
APPLICO LLC: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Applico, LLC
c/o Chris Didyoung
6509 Highway 69 S
Tuscaloosa, AL 35405-6488
Business Description: Applico, an appliance & lighting
company,
operates a single-location showroom in
Tuscaloosa, Alabama, retailing major
household appliances, indoor and outdoor
lighting fixtures, fireplaces and related
home-improvement products. The family-owned
company partners with manufacturers such as
GE, LG and Samsung to serve residential
customers, builders and remodelers in the
Tuscaloosa metro area.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Northern District of Alabama
Case No.: 25-70561
Judge: Hon. Jennifer H Henderson
Debtor's Counsel: Anthony Brian Bush, Esq.
THE BUSH LAW FIRM, LLC
3198 Parliament Cir Ste 302
Montgomery AL 36116
Tel: (334) 263-7733
E-mail: abush@bushlegalfirm.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Chris Didyoung as member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ORAO3IQ/Applico_LLC__alnbke-25-70561__0001.0.pdf?mcid=tGE4TAMA
ARCH THERAPEUTICS: Seeks Chapter 11 Bankruptcy in Massachusetts
---------------------------------------------------------------
On April 18, 2025, Arch Therapeutics Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Massachusetts. 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 Arch Therapeutics Inc.
Arch Therapeutics Inc. is a medical technology company operating in
the diagnostic laboratory sector (NAICS code 6215).
Arch Therapeutics Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass.Case No. 25-40409) on April 18,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Alan L. Braunstein, Esq. at Riemer &
Braunstein, LLC.
ASCEND PERFORMANCE: Files for Bankruptcy, Gets $250M DIP Loan
-------------------------------------------------------------
Ascend Performance Materials, a leading producer of
high-performance and durable engineered materials for everyday
essentials and new technologies, announced on April 21, 2025, that,
with the support of its key stakeholders, it has initiated Chapter
11 cases in the U.S. Bankruptcy Court for the Southern District of
Texas. The Chapter 11 process will enable Ascend to deleverage its
balance sheet and continue providing best-in-class materials to
nearly 1,650 customers globally. Ascend's subsidiaries that are
located outside of the U.S. are not included in the Chapter 11
filings.
With the support of its lenders, Ascend will use the Chapter 11
process to pursue a value-maximizing restructuring transaction that
will enable the Company to emerge from Chapter 11 as a healthy,
well-capitalized business. The Company will operate as usual
throughout the Chapter 11 process and will continue to manufacture
and produce high-performance materials that improve the quality of
life today and inspire a better tomorrow. In connection with this
process, the Company has received a commitment for $250 million in
debtor-in-possession financing from its lenders, which is expected
to provide the Company with sufficient liquidity to support Ascend
throughout the Chapter 11 process. Ascend aims to complete the
process in approximately six months.
"Ascend has made significant strides in transforming our business,
with a focus on efficiency and driving cost reductions while
ensuring that we are able to operate safer than we ever have
before," said Phil McDivitt, President and CEO of Ascend
Performance Materials. "Over the last several months, we have been
working with our lenders to define the best path forward for
Ascend. We expect that the restructuring will substantially reduce
Ascend's funded debt obligations and ensure that we are
well-positioned to continue executing on our long-term strategy. We
are confident that the Chapter 11 process will put us on a path to
becoming an even stronger company with a healthier financial
structure and better positioned to continue delivering
high-performance materials that improve the lives of our
customers."
He continued, "As we embark on this process, we look forward to
continuing to partner with our lenders, who believe in the
underlying value and potential of our business and have provided us
with funding to support our business throughout the process. We are
also grateful to our customers and partners for their ongoing
support and to our employees for their hard work and commitment to
working safely and supporting Ascend's other values."
Ascend is operating as usual throughout this process and does not
expect any impact to product availability or customer contracts.
The Company remains focused on creating and delivering high quality
performance materials for its customers.
Ascend has filed a number of customary "First Day" motions with the
Bankruptcy Court seeking approval to support its operations during
the Chapter 11 process, including paying employee wages, salaries
and benefits without interruption. The Company expects to receive
approval of these motions in the coming days. Ascend intends to pay
vendors and suppliers in full for goods and services provided on or
after the filing date in accordance with the Bankruptcy Code.
Additional Information
Additional information about Ascend's restructuring is available at
www.ascendmaterials.com/strengtheningascend. Bankruptcy Court
filings and other information regarding the case can be found at
https://dmepiq11.com/Ascend or by contacting Epiq, the Company's
noticing and claims agent, at (888) 890-9917 (for toll-free U.S.
calls) or +1 (971) 385-8728 (for tolled international calls).
Ascend is advised in this matter by Kirkland & Ellis LLP as legal
counsel, FTI Consulting as financial advisor, and PJT Partners as
investment banker. The ad hoc group of first lien lenders to the
Company is advised by Gibson, Dunn & Crutcher LLP as legal counsel
and Evercore Group L.L.C. as investment banker.
About Ascend Performance Materials
Ascend Performance Materials LLC produces nylon resins and fibers.
The Company offers basic and intermediate nylon chemicals,
including polymers and plastics, carpet fibers, intermediate
chemicals, and industrial fiber products. Ascend Performance
Materials serves customers worldwide.
AZTEC FUND: Claims to be Paid From Property Sale Proceeds
---------------------------------------------------------
The Aztec Fund Holding Inc. and its affiliates filed with the U.S.
Bankruptcy Court for the Southern District of Texas an Amended
Combined Disclosure Statement describing Joint Chapter 11 Plan of
Liquidation dated March 24, 2025.
TAF Holdco and OME Holdco, i.e., the Holdco Debtors, are each
Delaware corporations and are the parents of each other Debtor
including, OME Bowie, OME Mark Center, and OME Windward. TAF Holdco
also owns 100% of the membership interests in TAF Westway, a
non-Debtor ("Westway Equity").
Under this Plan and the recently-filed Sale Motion, the Debtors
will:
* Sell the commercial office properties held by OME Mark
Center, OME Bowie, and OME Windward pursuant to the Sale Motion. In
the event there is no Qualified Bid for the office properties, such
office properties will either be transferred to Bank of America,
National Association ("BANA") pursuant to a credit bid, or BANA or
its designee will foreclose on such properties following the
lifting of the automatic stay. The proceeds of these sales, after
payment of expenses and fees, will be distributed to BANA.
* Conduct an auction for, and sell, the Westway Equity. The
holder of Westway Equity will, indirectly, own and control the
commercial office property owned by TAF Westway. The Stalking Horse
Bidder for the Westway Equity is USTAF S.A.P.I. de C.V., a Mexican
entity and TAF Holdco's current parent, and its Stalking Horse bid
is $20,000.00.
* Pay, or provide for payment of, administrative expenses
incurred during these bankruptcy cases;
* Distribute remaining cash held in the Debtors' accounts to
BANA; and
* Distribute proceeds of Westway Equity sale to unsecured
creditors of TAF Holdco. Because OME Holdco is a creditor of TAF
Holdco, unsecured creditors of OME Holdco will also receive a
distribution under the Plan. Unsecured creditors of all other
Debtors will not receive anything under this Plan.
Class 1B consists of General Unsecured Claims against TAF Holdco.
Each holder of an Allowed Class 1B Claim shall receive its pro rata
share of the Westway Proceeds, which the Plan Administrator shall
pay within 30 days after the Effective Date, or as soon as
practicable thereafter, in full and final satisfaction of all such
Class 1B Claims. Class 1B is Impaired.
Class 2B consists of all General Unsecured Claims against TAF DTC.
All General Unsecured Claims against TAF DTC in Class 2B are
extinguished and disallowed and holders of such claims will not
receive any distribution under the Plan. Class 2B is deemed to
reject and not entitled to vote.
Class 3B consists of all General Unsecured Claims against TAF
Intellicenter. All General Unsecured Claims against TAF
Intellicenter in Class 3B are extinguished and disallowed and
holders of such claims will not receive any distribution under the
Plan. Class 3B is deemed to reject and not entitled to vote.
Class 4B consists of all General Unsecured Claims against TAF
Lakeside. All General Unsecured Claims against TAF Lakeside in
Class 4B are extinguished and disallowed and holders of such claims
will not receive any distribution under the Plan. Class 4B is
deemed to reject and not entitled to vote.
Class 6B consists of all General Unsecured Claims against TAF
Pinnacle Park. In full and final satisfaction of Class 6B Claims,
(i) BANA Loan Collateral will be sold pursuant to the Sale Motion
and BANA will receive the proceeds of the sale free and clear of
all liens, Claims, and encumbrances; and (ii) any remaining,
unsold, BANA Loan Collateral will be surrendered to BANA free and
clear of all other liens, Claims, and encumbrances. Class 6B is
deemed to reject and not entitled to vote.
Class 7B consists of all General Unsecured Claims against TAF Royal
Tech. All General Unsecured Claims against TAF Royal Tech in Class
7B are extinguished and disallowed and holders of such claims will
not receive any distribution under the Plan. Class 7B is deemed to
reject and not entitled to vote.
Class 8B consists of General Unsecured Claims against OME Holdco.
Each holder of an Allowed Class 8B Claim shall receive its pro rata
share of distributions received from TAF Holdco pursuant to Class
1B, which the Plan Administrator shall pay within 30 days after the
Effective Date, or as soon as practicable thereafter, in full and
final satisfaction of all such Class 8B Claims. Class 8B is
Impaired and entitled to vote.
Class 9B consists of all General Unsecured Claims against OME
Bowie. All General Unsecured Claims against OME Bowie in Class 9B
are extinguished and disallowed and holders of such claims will not
receive any distribution under the Plan. Class 9B is deemed to
reject and not entitled to vote.
Class 10B consists of all General Unsecured Claims against OME Lake
Vista. All General Unsecured Claims against OME Lake Vista in Class
10B are extinguished and disallowed and holders of such claims will
not receive any distribution under the Plan. Class 10B is deemed to
reject and not entitled to vote.
Class 11B consists of all General Unsecured Claims against OME Mark
Center. All General Unsecured Claims against OME Mark Center in
Class 11B are extinguished and disallowed and holders of such
claims will not receive any distribution under the Plan. Class 11B
is deemed to reject and not entitled to vote.
Class 12B consists of all General Unsecured Claims against OME
Windward. All General Unsecured Claims against OME Windward in
Class 12B are extinguished and disallowed and holders of such
claims will not receive any distribution under the Plan. Class 12B
is deemed to reject and not entitled to vote.
On February 27, 2025, the Debtors filed the Sale Motion, seeking
Bankruptcy Court approval of the Sale Procedures, pursuant to which
OME Bowie, OME Mark Center, and OME Windward will market and
attempt to sell their real property (including all personal
property associated with the operation of such real property). The
Sale Procedures are incorporated by reference and made part of this
Plan, and any sale made pursuant to the Sale Procedures will be
deemed a sale made pursuant to this Plan. The proceeds of these
sales (including any deposit made pursuant to the Sale Procedures)
will be paid over to BANA in satisfaction of its Allowed Claims in
Classes 9A, 11A, and 12A.
To the extent the sale process does not yield one or more
purchasers satisfactory to BANA, then either (i) OME Bowie, OME
Mark Center, and OME Windward, as the case may be, shall transfer
the property to BANA in accordance with a credit bid made pursuant
to the Sale Procedures free and clear of all liens, Claims, and
encumbrances, or (ii) the automatic stay shall be lifted with
respect to such property (or deemed lifted as of the Effective
Date) so that BANA or its designee can foreclose on such property
under state law. In the event that the office properties held by
OME Bowie, OME Mark Center or OME Windward are transferred to BANA
pursuant to a credit bid, such transfer shall to BANA shall satisfy
its Class 9A, 11A, and 12A Claims, as applicable.
To the extent the automatic stay is lifted with respect to such
property, the Class 9A, 11A or 12A Claims, as applicable, shall be
deemed to not be discharged pursuant to this Plan solely to the
extent necessary to enable BANA or its designee to foreclose
(including making a credit bid at such foreclosure) under state
law.
The Stalking Horse Bid shall consist of the Stalking Horse Bidder's
offer to purchase the Westway Equity for the Westway Proceeds in
the amount of $20,000.00 in cash.
A full-text copy of the Amended Combined Disclosure Statement and
Plan dated March 24, 2025 is available at
https://urlcurt.com/u?l=WGSt82 from from Stretto, claims agent.
Counsel to the Debtors:
John D. Cornwell, Esq.
Brenda L. Funk, Esq.
Julian P. Vasek, Esq.
Alexander R. Perez, Esq.
MUNSCH HARDT KOPF & HARR, P.C.
700 Milam Street, Suite 800
Houston, Texas 77002
Telephone: (713) 222-1470
Facsimile: (713) 222-1475
Email: jcornwell@munsch.com
bfunk@munsch.com
jvasek@munsch.com
arperez@munsch.com
About Aztec Fund Holding
The Aztec Fund Holding Inc. invests in office buildings in the
United States and thus create real estate portfolios that generate
regular cash flows and sustainable value over time.
The Aztec Fund Holding Inc. and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case
No. 24-90436) on Aug. 5, 2024. In the petition filed by Charles
Haddad, as president, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $100
million and $500 million.
The Honorable Bankruptcy Judge Christopher M. Lopez oversees the
cases.
The Debtors tapped Munsch Hardt Kopf & Harr, P.C., as counsel; and
Getzler Henrich & Associates LLC as financial advisor. Hilco Real
Estate Appraisals, LLC, is the real estate appraiser. Stretto,
Inc., is the claims agent.
AZZUR GROUP: Disclosure Statement Approved on Interim Basis
-----------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware approved on
an interim basis the adequacy of the combined disclosure statement
explaining Chapter 11 plan of Azzur Group Holdings LLC and its
debtor-affiliates.
The deadline to vote to accept the Debtors' Chapter 11 plan is May
14, 2025, at 4:00 p.m. ET.
Objections to the confirmation of the Debtors' Chapter 11 plan and
final approval of the adequacy of information in the Disclosure
Statement is May 14, 2025, at 4:00 p.m. ET.
The combined hearing to consider confirmation of the Plan and final
approval of the Disclosure Statement is scheduled on May 19, 2025.
at 10:00 a.m. ET.
The Debtors said the Combined Disclosure Statement and Plan for the
treatment of their remaining business units and assets and
Distribution of the proceeds of the Estates’ assets to the
Holders of Allowed Claims against the Debtors as set forth herein.
Each Debtor is a proponent of the Plan within the meaning of
section 1129 of the Bankruptcy Code. This Combined Disclosure
Statement and Plan contains, among other things, a discussion of
the Debtors' history, businesses, properties, operations, the
Chapter 11 Cases, risk factors, summary and analysis of this Plan,
and certain other related matters.
The Debtors commenced Chapter 11 cases to complete their marketing
process and consummate one or more value-maximizing, going concern
transactions within the liquidity parameters they faced. The Plan
is the best vehicle to conclude the Chapter 11 Cases following the
Sale Transaction(s) and provides for the most efficient, orderly,
and value-maximizing path to make timely Distributions to
creditors.
Projected recoveries under the Plan are:
Amount
Class Claim of Claim Recovery
----- ----- -------- --------
1 Other $1.3 Mil. 100%
Secured
2 Other De Minimis 100%
Priority
3 M&T $51.2 Mil. 7 1%
Secured
4 General $45.8 Mil. 1%
Unsecured
5 Intercompany N/A N/A
6A Azzur Group $108 Mil. 0%
Holdings
Interests
6B Section None 0%
510(b)
A full-text copy of the Disclosure Statement explaining the Chapter
11 plan is available for free at https://tinyurl.com/mszsp58f
About Azzur Group Holdings
Azzur Group Holdings, a Pennsylvania-based professional services
company operates across multiple locations including Boston,
Chicago, San Diego, and San Francisco, providing specialized life
sciences services including consulting, laboratory testing,
cleanrooms-on-demand, and technical training services.
Azzur Group Holdings and more than 30 of its affiliates sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del.
Case No. 25-10342) on March 2, 2025. In their petitions, the
Debtors reported estimated assets and liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Karen B. Owens handles the cases.
DLA Piper LLP represents the Debtors as general bankruptcy counsel.
Ankura Consulting Group LLC serves as restructuring advisor to the
Debtors, Brown Gibbons Lang & Co. Securities Inc. acts as
investment banker, and Stretto Inc. acts as claims and noticing
agent.
BEAUCHAMP ENTERPRISES: Claims to be Paid From Disposable Income
---------------------------------------------------------------
Beauchamp Enterprises filed with the U.S. Bankruptcy Court for the
District of Nevada a Plan of Reorganization for Small Business
dated March 24, 2025.
The Debtor, a California corporation registered to do business in
Nevada, operates a Chem-Dry(R) carpet cleaning franchise with
exclusive rights to the Reno and Lake Tahoe, Nevada, and Truckee,
California markets.
The Debtor started with rights to only Lake Tahoe and Truckee
markets. At the end of 2021, Debtor expanded rapidly in response to
Truckee's growth during the COVID 19 pandemic. Debtor anticipated
this expansion would increase its revenue to offset the loss and
newly incurred debt. While Debtor achieved small growth in the
market share, it was not sufficient offset the amount of debt
incurred to sustain the business through the 2023 downturn.
The Debtor will fund the Plan by contributing his "Disposable
Income" for a period of 60-months. The Plan Proponent's financial
projections show Debtor will have projected disposable income of
$680.00 per month. The final Plan payment is expected to be paid on
May 31, 2030.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations of Debtor's businesses.
Non-priority unsecured creditors holding allowed claims in Debtor's
case will receive distributions, which the proponent of this Plan
has valued at approximately seven cents ($0.07) on the dollar
($1.00). This Plan also provides for the payment of administrative
and priority claims.
Class 8 consists of Non-priority General Unsecured Creditors. Each
holder of a Class 8 non-priority unsecured Allowed Claim shall
receive their pro rata share of Debtor's Disposable Income, after
the payment in full of Administrative Claims, through the end of
the Plan Term (the "Class 8 Plan Dividend"). Any portion of a Class
8 nonpriority general unsecured claim in excess of the Class 8 Plan
Dividend shall be discharged in accordance with Article 9 of this
Plan. This Class is impaired.
Class 9 consists of Equity Interest Holders. Equity security
holders of Debtor shall retain their interests in the Debtor, but
shall receive no disbursement on account of such equity interest
during the Plan Term.
The Debtor will use its Disposable Income during the Plan Term,
cash on hand, and profits from the operation of its business to
fund the Plan. Commencing on the Effective Date of this Plan,
Debtor's Disposable Income will be disbursed on a monthly basis and
first used to fund the Class 8 Plan Dividend payments to Class 8
Non-priority general unsecured creditors on a pro rata basis.
During the Plan Term, Debtor's Disposable Income shall be disbursed
on a monthly basis to Class 8 Non-Priority General Unsecured Claims
for a period of 36-months.
A full-text copy of the Plan of Reorganization dated March 24, 2025
is available at https://urlcurt.com/u?l=zB9EzA from
PacerMonitor.com at no charge.
About Beauchamp Enterprises
Beauchamp Enterprises, a California corporation registered to do
business in Nevada, operates a Chem-Dry(R) carpet cleaning
franchise.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 24-51268) on December 23,
2024, with $100,001 to $500,000 in both assets and liabilities.
Judge Hilary L. Barnes presides over the case.
The Debtor is represented by:
Kevin A. Darby, Esq.
Darby Law Practice, Ltd
Tel: 775-322-1237
Email: kevin@darbylawpractice.com
BELMONT TRADING: Court Extends Cash Collateral Access to May 23
---------------------------------------------------------------
Belmont Trading Co., Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral.
The order penned by Judge Janet Baer authorized the company to use
its lenders' cash collateral until May 23 to pay the expenses set
forth in its monthly budget.
The budget projects total expenses of $151,900.
As protection from any diminution in the value of their collateral,
Kassel Financing, LLC and the U.S. Small Business Administration
were granted replacement liens on their collateral to the same
extent and with the same validity and priority as their
pre-bankruptcy liens.
In addition, Belmont was ordered to keep the lenders' collateral
insured as further protection.
A status hearing is set for May 21.
Kassel Financing, as lender, is represented by:
Keevan D. Morgan, Esq.
Morgan & Bley, Ltd.
900 W. Jackson Blvd., Suite 4 East
Chicago, IL 60607
312.802.0003/312.243.0006
kmorgan@morganandbleylimited.com
amorgan@morganandbleylimited.com
About Belmont Trading Co.
Belmont Trading Co., Inc. offers full-service value recovery and
recycling services for mobile devices. It processes retired mobile
devices and remarket and resell them.
Belmont sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 23-12083) on September 12, 2023,
with $2,575,764 in assets and $15,773,104 in liabilities. Belmont
President Igor Boguslavsky signed the petition.
Judge Janet S. Baer oversees the case.
O. Allan Fridman, Esq., at Law Office of Allan Fridman, represents
the Debtor as bankruptcy counsel.
BENSON HILL: Creditors Challenge Adviser Appointment
----------------------------------------------------
Randi Love of Bloomberg Law reports that junior creditors of Benson
Hill Inc. have objected to the company's request to hire Piper
Sandler & Co. as its investment banker, arguing that the proposed
fee arrangement is excessive.
In a Tuesday, April 22, 2025, filing with the U.S. Bankruptcy Court
for the District of Delaware, a committee representing unsecured
creditors claimed the compensation terms go "well beyond" what is
typically approved for comparable transactions in the district,
Bloomberg Law reports.
Benson Hill filed for bankruptcy in March, with a lead bid from its
lenders to acquire its assets, the report relays.
About Benson Hill
Benson Hill, Inc. is an ag-tech company focused on innovating soy
protein through advanced genetics. Using its CropOS technology
platform, Benson Hill creates food and feed that are more
nutritious, functional, and produced efficiently, offering
sustainability benefits to the food and feed sectors.
Benson Hill and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Lead Del. Case No. 25-10539) on
March 20, 2025. The petitions were signed by Daniel Cosgrove as
interim chief executive officer. In their petitions, the Debtors
reported total assets of $137,542,000 and total debts of
$110,701,000.
Judge Thomas M. Horan handles the cases.
The Debtors tapped Faegre Drinker Biddle & Reath, LLP as bankruptcy
counsel; Piper Sandler as investment banker; Meru, LLC as financial
advisor; and Stretto, Inc. as claims and noticing agent.
BENT AVENUE: To Sell New Jersey Properties to Burt Hirchman
-----------------------------------------------------------
Bent Avenue Real Estate Holdings, LLC, seeks permission from the
U.S. Bankruptcy Court for the District of New Jersey, to sell Real
Property, free and clear of liens, interests, and encumbrances.
The Debtor is a corporation which owns three parcels of real
property located at 18-20 N 7th Street, Paterson, NJ 07505; 114
Fairview Avenue, Teaneck, New Jersey 07666; and 667 E 24th Street,
Paterson, NJ 07504.
The Debtor employs Andres Ospina as Realtor to assist with the
marketing and sale of the Property, with the selling price of
$550,000.00.
The Property was listed as a single-family property with three
bedrooms and three bathrooms. The Realtor marketed the Property on
numerous websites including Zillow.com, realtor.com, trulia.com,
and many other websites. The Debtor and Realtor have agreed for
Realtor to take a commission of 5% of the closing price.
The Debtor enters a contract to sell the Property to Burt Hirchman
and Ann Schuman for $605,000.00, with a concession of $10,000.00.
The lienholders of the Property include CC1 NJ II, LLC in the
amount of $1,050.50; FIG, as Custodian for GIFNJ19, LLC in the
amount of $1,266.51; McCormick 101, LLC in the amount of
$1,262,509.90; MTAG,
as Custodian for ATCF II NJ, LLC in the amount of $7,657.05; and US
Bank as Custodian for Pro Cap 8 in the amount of $4,144.70.
The pertinent terms of the Purchase Agreement are as follows:
a. The Purchase Agreement provides for a purchase price of
$600,000.00, with a deposit of $90,000.00, a mortgage of
$510,000.00, and the balance of purchase price due at closing of
$0.00.
b. The Addendum listing the Seller’s Concession increased the
sales price to $605,000, but included a seller concession of
$10,000.
c. The proposed Purchasers of the Property are Burt Hirschman
and Ann Schuman.
d. The closing is anticipated to occur on or around May 15,
2025, after the sale hearing held before the Bankruptcy Court
approving the sale of the Property to Purchasers in accordance with
11 U.S.C. § 363(b) unless otherwise extended by written agreement
of the parties and the lienholders.
e. The Purchase Agreement and sale is contingent upon approval
of the Bankruptcy Court for the District of New Jersey. Debtor
shall proceed to seek such approval or dismissal immediately upon
completion of attorney review.
The Debtor believes the proposed sale provides the highest and best
value to the bankruptcy estate.
About Bent Avenue Real Estate Holdings, LLC
Bent Avenue Real Estate Holdings, LLC is a Single Asset Real Estate
debtor (as defined in 11 U.S.C. Section 101(51B)).
Bent Avenue Real Estate Holdings filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case
No. 24-15507) on May 30, 2024, listing up to $1 million in assets
and up to $10 million in liabilities. The petition was signed by
Ben Taveras, member.
David L. Stevens, Esq., at Scura, Wigfield, Heyer, Stevens &
Cammarota LLP represents the Debtor as counsel.
BIT-TECH LLC: Seeks Subchapter V Bankruptcy in West Virginia
------------------------------------------------------------
On April 18, 2025, Bit-Tech LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Southern District of West
Virginia. According to court filing, the Debtor reports between
$100,000 and $500,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Bit-Tech LLC
Bit-Tech LLC is a limited liability company.
Bit-Tech LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. W. Va. Case No. 25-30108)
on April 18, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $100,000 and
$500,000.
The Debtor is represented by Andrew S. Nason, Esq. of Pepper &
Nason.
BLACKBERRY LIMITED: Board OKs Enhanced Severance Terms for CEO
--------------------------------------------------------------
BlackBerry Limited disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Board of
Directors, upon the recommendation of the Company's Compensation,
Nomination and Governance Committee following a year-end review of
the compensation of the Company's Chief Executive Officer, John
Giamatteo, approved amendments to Mr. Giamatteo's employment
agreement dated December 8, 2023, as amended.
The amendments enhance the severance benefits payable to Mr.
Giamatteo in the event of termination by the Company without Just
Cause or by Mr. Giamatteo with Good Reason (each, as defined in the
Employment Agreement) by:
(i) increasing the period of salary continuance from 12 months
plus one additional month per completed year of service to 24
months, and
(ii) adding a lump sum payment in an amount equal to two times
Mr. Giamatteo's then current target annual bonus under the
Company's Variable Incentive Plan.
The terms of the Employment Agreement remain otherwise unamended.
A full-text copy of the Employment amendment with John Giamatteo,
dated as of April 1, 2025 is available at
https://tinyurl.com/4xdtp2am
About BlackBerry
Headquartered in Waterloo, Canada, BlackBerry Limited provides
intelligent security software solutions.
At May 31, 2024, BlackBerry had $1.3 billion in total assets, $581
million in total liabilities, and $742 million in total equity.
* * *
Egan-Jones Ratings Company on December 18, 2024, maintained its
'CCC' foreign currency and local currency senior unsecured ratings
on debt issued by BlackBerry Limited.
BOXLIGHT CORP: Fails to Meet Nasdaq Listing Requirements
--------------------------------------------------------
Boxlight Corporation disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that it received a letter
from the Listing Qualifications Department of The Nasdaq Stock
Market notifying the Company that it did not satisfy the continued
listing requirements under Nasdaq Listing Rule 5550(b) for the
Nasdaq Capital Market. Rule 5550(b) requires that a listed company
must satisfy one of the following three standards:
(1) stockholders' equity of at least $2.5 million;
(2) market value of listed securities of at least $35 million;
or
(3) net income from continuing operations of $500,000 in the
most recently completed fiscal year or in two of the three most
recently completed fiscal years.
In its Annual Report on Form 10-K for the year ended December 31,
2024, the Company reported:
(i) stockholders' equity of ($12,896,000) at December 31,
2024, and
(ii) net losses of ($28,335,000) and ($39,156,000) for the
years ended December 31, 2024, and 2023, respectively.
In addition, based on the consolidated closing bid price of the
Company's Class A Common Stock on the Nasdaq Capital Market on
April 4, 2025 of $1.27, the market value of the Company's listed
securities was $2,830,180 as of such date.
The Notice has no immediate effect on the Company's listing on the
Nasdaq Capital Market. In accordance with Nasdaq rules, the Company
has 45 calendar days from the date of the notification to submit a
plan to regain compliance with Nasdaq Listing Rule 5550(b). The
Company intends to submit a compliance plan within 45 days of the
date of the notification and will evaluate available options to
resolve the deficiency and regain compliance. If the Company's
compliance plan is accepted, the Company may be granted up to 180
calendar days from April 7, 2025, to evidence compliance.
There can be no assurance that the Company's compliance plan will
be accepted by Nasdaq, or that the Company will be able to obtain
compliance with Rule 5550(b) within the prescribed timeframe. If
the Company's Class A Common Stock is delisted from the Nasdaq
Capital Market, it could have a material adverse effect on the
market price and liquidity of the Class A Common Stock and could
materially impair the Company's ability to raise equity capital.
About Boxlight Corporation
Boxlight Corporation, based in Duluth, Georgia, is a technology
company that develops, sells, and services interactive solutions
primarily for the global education market, as well as for corporate
and government sectors. The Company offers a range of products,
including interactive and non-interactive flat-panel displays, LED
video walls, media players, classroom audio systems, cameras, and
STEM solutions like 3D printing and robotics. These products are
integrated into a classroom software suite for learning,
assessment, and collaboration. Boxlight also provides professional
training services to U.S. educational customers.
In its report dated Mar. 28, 2025, the Company's auditor, Forvis
Mazars, LLP, issued a "going concern" qualification, attached to
the Company's Annual Report on Form 10-K for the year ended Dec.
31, 2024, highlighting that the Company has identified certain
conditions relating to its outstanding debt and Series B and C
Preferred Stock that are outside the control of the Company. In
addition, the Company has generated recent losses. These factors,
among others, raise substantial doubt regarding the Company's
ability to continue as a going concern.
For the years ended Dec. 31, 2024 and 2023, Boxlight Corporation
incurred net losses attributable to common stockholders of $29.6
million and $40.4 million, respectively. As of Dec. 31, 2024,
Boxlight Corporation had $115.31 million in total assets, $99.69
million in total liabilities, $28.51 million in total mezzanine
equity, and a total stockholders' deficit of $12.90 million.
BOXLIGHT CORP: Files S-1 for Possible Sale of 1.32M Shares
----------------------------------------------------------
Boxlight Corporation filed a Registration Statement on Form S-1
with the U.S. Securities and Exchange Commission disclosing that
the selling securityholders -- Kazazian Capital Master Fund, L.P.,
HIC 2, LLC, Roystone Fund LP -- may offer and sell up to 1,323,000
shares in the aggregate of the Class A common stock, par value
$0.0001 per share, of the Company, of which:
(i) 260,000 shares are presently issued and outstanding and
(ii) 1,063,000 shares are issuable upon the exercise of certain
prefunded warrants to purchase shares of Class A common stock held
by the selling securityholders.
Boxlight said, "We are not selling any shares of our Class A common
stock under this prospectus and will not receive any proceeds from
the sale by the selling securityholders of the Shares. We will,
however, receive the net proceeds of any Prefunded Warrants
exercised for cash."
"Sales of the Shares by the selling securityholders may occur at
fixed prices, at market prices prevailing at the time of sale, at
prices related to prevailing market prices or at negotiated prices.
The selling securityholders may sell Shares to or through
underwriters, broker-dealers or agents, who may receive
compensation in the form of discounts, concessions or commissions
from the selling securityholders, the purchasers of the Shares, or
both."
"We are paying the cost of registering the shares of Class A common
stock covered by this prospectus as well as various related
expenses. The selling securityholders are responsible for all
broker or similar commissions related to the offer and sale of
their Shares."
A full-text copy of the Registration Statement is available at:
https://tinyurl.com/27jvkzzc
About Boxlight Corporation
Boxlight Corporation, based in Duluth, Georgia, is a technology
company that develops, sells, and services interactive solutions
primarily for the global education market, as well as for corporate
and government sectors. The Company offers a range of products,
including interactive and non-interactive flat-panel displays, LED
video walls, media players, classroom audio systems, cameras, and
STEM solutions like 3D printing and robotics. These products are
integrated into a classroom software suite for learning,
assessment, and collaboration. Boxlight also provides professional
training services to U.S. educational customers.
In its report dated Mar. 28, 2025, the Company's auditor, Forvis
Mazars, LLP, issued a "going concern" qualification, attached to
the Company's Annual Report on Form 10-K for the year ended Dec.
31, 2024, highlighting that the Company has identified certain
conditions relating to its outstanding debt and Series B and C
Preferred Stock that are outside the control of the Company. In
addition, the Company has generated recent losses. These factors,
among others, raise substantial doubt regarding the Company's
ability to continue as a going concern.
For the years ended Dec. 31, 2024 and 2023, Boxlight Corporation
incurred net losses attributable to common stockholders of $29.6
million and $40.4 million, respectively. As of Dec. 31, 2024,
Boxlight Corporation had $115.31 million in total assets, $99.69
million in total liabilities, $28.51 million in total mezzanine
equity, and a total stockholders' deficit of $12.90 million.
CARING FOR YOU: Seeks Subchapter V Bankruptcy in Maryland
---------------------------------------------------------
On April 18, 2025, Caring For You Assisted Living LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the District of Maryland. According to court filing, the
Debtor reports between $100,000 and $500,000 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Caring For You Assisted Living LLC
Caring For You Assisted Living LLC is a healthcare provider
operating multiple assisted living facilities in Baltimore,
Maryland.
Caring For You Assisted Living LLC sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Md. Case No.
25-13464) on April 18, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $100,000 and $500,000
each.
The Debtor is represented by Aryeh E. Stein, Esq. at Meridian Law,
LLC.
CORE NATURAL: Moody's Rates New Tax-Exempt Revenue Bond 'B3'
------------------------------------------------------------
Moody's Ratings assigned a B3 rating to Core Natural Resources,
Inc.'s ("Core") new tax-exempt backed senior unsecured solid waste
disposal revenue bond. The bond was issued by Pennsylvania Economic
Dev. Fin. Auth. ("PEDFA"), and guaranteed by Core.
Core's B1 Corporate Family Rating, B1-PD Probability of Default
Rating, SGL-2 liquidity rating, and positive ratings outlook have
been reviewed in the rating committee and remain unchanged. The
existing B2 rating on the backed second lien senior secured solid
waste disposal revenue bond issued by PEDFA has been withdrawn, as
it has been refinanced.
RATINGS RATIONALE
Core recently completed a refinancing of its three tax-exempt
bonds, which were previously issued by CONSOL Energy Inc.
("CONSOL") and Arch Resources, Inc. ("Arch"), prior to their merger
in January 2025. As part of the refinancing, Core was able to
harmonize the terms across the three tax-exempt bonds, with all
three of them now being unsecured bonds with a 10-year initial
term, and lower interest cost. The size of the PEDFA tax-exempt
bond was increased slightly to $97.6 million from $75 million
before. A comprehensive review of all credit ratings for the
respective issuer(s) has been conducted during a rating committee.
Core's B1 CFR is supported by a high quality portfolio of thermal
and metallurgical coal assets, ownership interest in two export
terminals on the US east coast which provides access to the
seaborne markets for both its thermal and metallurgical coal, solid
contracted position for its thermal coal, strong liquidity, and
strong credit metrics.
The rating is constrained by volatility associated with
metallurgical coal, ongoing secular decline in domestic demand for
thermal coal, legacy liabilities – related to asset retirement
obligations, pension & other post-retirement benefit obligations,
black lung & workers' compensation – which are now higher for the
combined company, and ESG headwinds facing the US coal sector.
Core's SGL-2 reflects good liquidity to support operations over the
next 12-18 months. Core had proforma cash and cash equivalents of
over $600 million at year-end 2024, and Moody's expects positive
FCF generation in 2025 with support from a largely contracted
thermal coal portfolio. Core has access to a $600 million revolving
credit facility due 2029 (unrated), and expects to combine Arch's
and CONSOL's existing AR securitization facilities into a new $250
million facility in the near-term. Core's revolver is subject to
covenants including maximum first lien gross leverage ratio,
maximum total net leverage ratio, and a minimum interest coverage
ratio. Moody's expects the company to remain in compliance with its
financial covenants over the next 12-18 months.
The positive outlook reflects Moody's expectations for smooth
integration following close of the merger, progress on realization
of targeted annual synergies of $110 - $140 million over 6-18
months from closing, realization of optimization benefits from the
ownership of two export terminals, resumption of longwall
operations at Leer South following the recent combustion event
around mid-2025 with limited financial impact, and allocation of a
portion of free cash flow for shareholder distributions while
maintaining strong credit metrics and liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could upgrade Core's ratings if it successfully integrates
the acquisition of Arch, and realizes targeted synergies and
portfolio optimization benefits, demonstrates earnings and cash
flow stability with a contracted base of thermal coal production,
while maintaining strong liquidity and Moody's adjusted Debt/EBITDA
below 1.0x.
Moody's could downgrade Core's ratings if the integration does not
go as planned, Moody's adjusted Debt/EBITDA is sustained above
2.0x, continued negative free cash flow generation results in a
substantive deterioration in liquidity, or further intensification
of ESG concerns that call into question the company's ability to
handle upcoming financing requirements or access capital markets on
economic terms.
Core Natural Resources, Inc. was formed through a merger between
CONSOL Energy Inc. and Arch Resources, Inc. in early 2025. Core has
operations across 11 mines, producing both thermal and
metallurgical coal. Core also has ownership interests in two export
terminals on the US east coast, through which it sells both thermal
and metallurgical coal into the seaborne markets.
The principal methodology used in these ratings was Mining
published in April 2025.
COSMOS GROUP: Appoints Lao Professional as New Auditor
------------------------------------------------------
Cosmos Group Holdings, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Board of
Directors accepted the resignation of Olayinka Oyebola & Co. as the
Company's independent registered public accountant, effective
immediately. Except as noted in the paragraph immediately below,
the reports of OO on the Company's consolidated financial
statements for the years ended December 31, 2023 and 2022, did not
contain an adverse opinion or disclaimer of opinion, and such
reports were not qualified or modified as to uncertainty, audit
scope, or accounting principle.
The reports of OO on the Company's consolidated financial
statements as of and for the year ended December 31, 2023,
contained explanatory paragraphs which noted that there was
substantial doubt as to the Company's ability to continue as a
going concern as the Company suffered from an accumulated deficit
of $205,499,215 and continuous loss of $77,391,995, which raised
substantial doubt about its ability to continue as a going
concern.
During the years ended December 31, 2023 and 2022, the Company has
not had any disagreements with OO on any matter of accounting
principles or practices, financial statement disclosure or auditing
scope or procedure, which disagreements, if not resolved to OO's
satisfaction, would have caused them to make reference thereto in
their reports on the Company's consolidated financial statements
for such periods.
During the years ended December 31, 2023 and 2022, there were no
reportable events, as defined in Item 304(a)(1)(v) of Regulation
S-K.
Concurrently therewith, the Company retained the firm of Lao
Professional, to audit its consolidated financial statements for
its fiscal year ended December 31, 2024.
During the fiscal years ended December 31, 2023 and 2022, and
through the date of this Form 8-K, neither the Company nor anyone
acting on its behalf consulted LP regarding:
(1) the application of accounting principles to a specified
transaction, either completed or proposed, or the type of audit
opinion that might be rendered on the Company's consolidated
financial statements, and LP did not provide either a written
report or oral advice to the Company that was an important factor
considered by the Company in reaching a decision as to any
accounting, auditing, or financial reporting issue,
(2) any matter that was either the subject of a disagreement
with OO on accounting principles or practices, financial statement
disclosure or auditing scope or procedures, which, if not resolved
to the satisfaction of OO, would have caused OO to make reference
to the matter in their report, or a "reportable event" as described
in Item 304(a)(1)(v) of Regulation S-K of the SEC's rules and
regulations.
About Cosmos Group
Cosmos Group Holdings Inc. is a Nevada holding company with
operations conducted through its subsidiaries based in Singapore
and Hong Kong. The Company, through its subsidiaries, is engaged in
two business segments: (i) the physical arts and collectibles
business, and (ii) the financing/money lending business.
Lagos, Nigeria-based Lateef Awojobi – Lao Professionals, the
Company's auditor since 2025, issued a "going concern"
qualification in its report dated Apr. 15, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company suffered an accumulated deficit of
$(200,755,594). These matters raise substantial doubt about the
Company's ability to continue as a going concern.
CUCL CORPORATION: Voluntary Chapter 11 Case Summary
---------------------------------------------------
Debtor: CUCL Corporation
555 4th Street, #450
San Francisco, CA 94107
Business Description: CUCL Corporation is a single-asset real
estate debtor, as defined in 11 U.S.C.
Section 101(51B).
Chapter 11 Petition Date: April 22, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-13300
Judge: Hon. Julia W. Brand
Debtor's Counsel: Mark Horoupian, Esq.
GREENSPOON MARDER LLP
1875 Century Park East, Suite 1900
Los Angeles, CA 90067
Tel: (213) 626-2311
E-mail: mark.horoupian@gmlaw.com
Total Assets: $2,000,000
Total Liabilities: $235,000
The petition was signed by Laurence Chun as president.
The Debtor indicated 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/WDNSUIA/CUCL_Corporation__cacbke-25-13300__0001.0.pdf?mcid=tGE4TAMA
CYPRESSWOOD SPRING: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: Cypresswood Spring Memory Care, LLC
Autumn Leaves of Cypresswood
1900 Enchanted Way, Suite 200
Grapevine, TX 76051
Business Description: Cypresswood Spring Memory Care, LLC, dba
Autumn Leaves of Cypresswood, operates a
54-bed, purpose-built community in Spring,
Texas that provides specialized residential
care for people with Alzheimer's disease and
other dementias. The facility is part of
family-owned Autumn Leaves Memory Care,
which runs similar communities in Texas and
Illinois.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-41420
Judge: Hon. Edward L Morris
Debtor's Counsel: Joyce W. Lindauer, Esq.
JOYCE W. LINDAUER ATTORNEY, PLLC
1412 Main St. Suite 500
Dallas TX 75202
Tel: (972) 503-4033
E-mail: joyce@joycelindauer.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Tracy Bazzell as agent.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CZE3K4Q/Cypresswood_Spring_Memory_Care__txnbke-25-41420__0001.0.pdf?mcid=tGE4TAMA
DANIEL J. WALLACE: No Patient Complaints, 3rd PCO Report Says
-------------------------------------------------------------
Tamar Terzian, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Central District of California her third
interim report regarding the quality of patient care provided by
Daniel J. Wallace M.D., a Medical Corporation.
In the report which covers the period Oct. 7 to Dec. 7, 2024, the
PCO conducted a site visit of the healthcare provider's
headquarters in Beverly Hills and met with its chief executive
officer who is responsible for coordination of patient care
services and responsible for all activities relevant to the patient
care services furnished, including the development of personnel
qualifications and the assignment of personnel.
The PCO confirmed that each patient is proposed with a treatment
plan that is reviewed by Dr. Wallace. The treatment plan varies
depending on the patients' needs and diagnosis. Many of the
biologic therapies for autoimmune diseases are administered using
intravenous infusions. The staff and medical assistants are
properly trained to provide care.
During this interim period, the staff was significantly reduced.
The healthcare provider currently has two medical assistants, one
biller, one physician assistance, and two front desk. In addition,
Dr. Wallace and Dr. Lee entered into an agreement to alter the
relationships where Dr. Wallace would not provide services at the
healthcare provider's location.
The patients received notice via regular mail with a letter that
specifically states that Dec. 31 would be the last day Dr. Wallace
would be providing services at this specific facility. The PCO did
not receive a copy of this letter nor did the healthcare provider's
counsel inform PCO of this change that Dr. Wallace would no longer
be providing services through this entity.
Ms. Terzian noted that the healthcare provider has received no
complaints from any patients. The PCO has received no complaints
from the various patients visited for this interim report.
The PCO finds that all care provided to the patients is well within
the standard of care. She will continue to monitor and is available
to respond to any concerns or questions of the court or interested
party.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=X0oLht from PacerMonitor.com.
The ombudsman may be reached at:
Tamar Terzian
Hanson Bridgett, LLP
777 S. Figueroa Street
Suite 4200
Los Angeles, CA 90017
Tel: (323) 210-77747
Email: tterzian@hansonbridgett.com
About Daniel J. Wallace M.D.
Daniel J. Wallace M.D., a Medical Corporation specializes in the
treatment of rheumatic diseases and the research of autoimmune and
inflammatory diseases. It conducts business under the name Wallace
and Lee Center in Beverly Hills.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-14429) on June 3,
2024, with $301,368 in assets and $3,884,496 in liabilities. Daniel
J. Wallace M.D., chief executive officer, signed the petition.
Judge Barry Russell presides over the case.
Michael Jay Berger, Esq., at the Law Offices of Michael Jay Berger
represents the Debtor as bankruptcy counsel.
Tamar Terzian has been appointed as patient care ombudsman in the
Debtor's Chapter 11 case.
DANIEL J. WALLACE: No Patient Complaints, 4th PCO Report Says
-------------------------------------------------------------
Tamar Terzian, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Central District of California her fourth
interim report regarding the quality of patient care provided by
Daniel J. Wallace M.D., a Medical Corporation.
In the report which covers the period Dec. 7, 2024 to February 7,
2025, the PCO conducted a site visit of the healthcare provider's
headquarters in Beverly Hills and met with its chief executive
officer who is responsible for coordination of patient care
services and responsible for all activities relevant to the patient
care services furnished, including the development of personnel
qualifications and the assignment of personnel.
As of this interim report, the healthcare provider's plan is that
Dr. Lee and staff will monitor all patients care through this
entity. On or about February 27, 2025, Dr. Lee purchased all the
shares of Dr. Wallace and is now the sole provider at this
location.
The PCO observed that each patient's medical records and
information is well maintained and accessible for staff. The
records are all electronic and the PCO reviewed medical records of
current patients. The PCO reviewed patient records and patient care
is properly documented with attached consent forms. The PCO has no
concerns or comments for this reporting period.
Ms. Terzian noted that the healthcare provider has received no
complaints from any patients. The PCO has received no complaints
from the various patients visited for this interim report.
The PCO finds that all care provided to the patients is well within
the standard of care. She will continue to monitor and will be
available to respond to any concerns or questions of the court or
interested party.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=mNxMTP from PacerMonitor.com.
The ombudsman may be reached at:
Tamar Terzian
Hanson Bridgett, LLP
777 S. Figueroa Street
Suite 4200
Los Angeles, CA 90017
Tel: (323) 210-77747
Email: tterzian@hansonbridgett.com
About Daniel J. Wallace M.D.
Daniel J. Wallace M.D., a Medical Corporation specializes in the
treatment of rheumatic diseases and the research of autoimmune and
inflammatory diseases. It conducts business under the name Wallace
and Lee Center in Beverly Hills.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-14429) on June 3,
2024, with $301,368 in assets and $3,884,496 in liabilities. Daniel
J. Wallace M.D., chief executive officer, signed the petition.
Judge Barry Russell presides over the case.
Michael Jay Berger, Esq., at the Law Offices of Michael Jay Berger
represents the Debtor as bankruptcy counsel.
Tamar Terzian has been appointed as patient care ombudsman in the
Debtor's Chapter 11 case.
E.F. MARKETING: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: e.f. marketing group LLC
3503 Crosspoint
San Antonio, TX 78217
Business Description: E.F. Marketing Group LLC is a
full-service
advertising and marketing agency based in
San Antonio, Texas that designs and
executes data-driven direct-mail and digital
campaigns for regional colleges and small to
mid-sized businesses.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-50842
Judge: Hon. Craig A. Gargotta
Debtor's Counsel: Steven G. Cennamo, Esq.
LAW OFFICE OF CENNAMO & WERNER
8546 Broadway Ste 100
San Antonio TX 78217-6345
Tel: (210) 905-0529
E-mail: scennamo@cennamowernerlaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Jason Ellis as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/L6TMGSI/ef_marketing_group_LLC__txwbke-25-50842__0001.0.pdf?mcid=tGE4TAMA
EARTH SCIENCE: Acquires 80% of Magnefuse, Alicat for $240.5K
------------------------------------------------------------
Earth Science Tech, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
completed the acquisition of 80% of Magnefuse, LLC and Alicat, LLC,
both Florida limited liability companies.
The acquisition was consummated for an aggregate purchase price of
$240,500 in cash. This transaction followed a period of due
diligence initiated under the Acquisition Agreement dated January
30, 2025. The Company will also have the option to purchase the
remaining 20 percent ownership of the Florida companies for up to
two years following the closing. The purchase price will be based
on a valuation of two times the Florida companies' revenue at the
time of the transaction.
About Earth Science Tech
Miami, Fla.-based Earth Science Tech, Inc. was incorporated under
the laws of the State of Nevada on April 23, 2010, subsequently
changed to the State of Florida on June 27, 2022. As of November 8,
2022, the Company is a holding entity set to acquire companies with
its current focus in the health and wellness industry. The Company
is presently in compounding pharmaceuticals and telemedicine
through its wholly owned subsidiaries RxCompoundStore.com, LLC.,
Peaks Curative, LLC., and Earth Science Foundation, Inc.
Boca Raton, Fla.-based R. Bolko, CPA P.A, the Company's auditor
since 2022, issued a "going concern" qualification in its report
dated April 16, 2024, citing that the Company has suffered negative
cash flows and has a significant accumulated deficit. These factors
raise substantial doubt about the Company's ability to continue as
a going concern.
As of December 31, 2024, Earth Science Tech had $5,708,014 in total
assets, $2,427,567 in total liabilities, and $3,280,447 in total
stockholders' equity.
EARTH SCIENCE: Acquires Las Villas, Doconsultations.com for $200K
-----------------------------------------------------------------
Earth Science Tech, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company
completed the acquisition of Las Villas Health Care, Inc. and
Doconsultations.com, LLC., both Florida limited liability
companies.
The acquisition was consummated for an aggregate purchase price of
$200,000 in cash. This transaction followed a period of due
diligence initiated under the Acquisition Agreement dated January
30, 2025, and subsequently amended on March 7, 2025.
Las Villas Health Care and Doconsultations.com are now wholly owned
subsidiaries of the Company. The acquisition includes the operation
of a wellness clinic located in Coral Gables, Florida, and an
online asynchronous telemedicine platform. The acquisition is
expected to enhance the Company's presence in the healthcare and
telemedicine sectors and further diversify its service offerings.
About Earth Science Tech
Miami, Fla.-based Earth Science Tech, Inc. was incorporated under
the laws of the State of Nevada on April 23, 2010, subsequently
changed to the State of Florida on June 27, 2022. As of November 8,
2022, the Company is a holding entity set to acquire companies with
its current focus in the health and wellness industry. The Company
is presently in compounding pharmaceuticals and telemedicine
through its wholly owned subsidiaries RxCompoundStore.com, LLC.,
Peaks Curative, LLC., and Earth Science Foundation, Inc.
Boca Raton, Fla.-based R. Bolko, CPA P.A, the Company's auditor
since 2022, issued a "going concern" qualification in its report
dated April 16, 2024, citing that the Company has suffered negative
cash flows and has a significant accumulated deficit. These factors
raise substantial doubt about the Company's ability to continue as
a going concern.
As of December 31, 2024, Earth Science Tech had $5,708,014 in total
assets, $2,427,567 in total liabilities, and $3,280,447 in total
stockholders' equity.
EARTH SCIENCE: Hires Stephano Slack as New Auditor
--------------------------------------------------
Earth Science Tech, Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that in conjunction
with its decision to exit the provision of audit services to
publicly traded companies, Assurance Dimensions Certified Public
Accountants & Associates resigned as the independent registered
public accounting firm for the Company.
The Auditor's reports on the Company's consolidated financial
statements for the fiscal years ended March 31, 2024, and March 31,
2023, did not contain an adverse opinion or a disclaimer of
opinion, nor were they qualified or modified as to uncertainty,
audit scope, or accounting principles.
During the fiscal years ended March 31, 2024, and March 31, 2023,
and the subsequent interim period through December 31, 2024, (i)
there were no disagreements, as defined in Item 304(a)(1)(iv) of
Regulation S-K, between the Company and the Auditor on any matter
of accounting principles or practices, financial statement
disclosure, or auditing scope or procedure, which disagreements, if
not resolved to the satisfaction of the Auditor, would have caused
the Auditor to make reference to the subject matter of such
disagreements in connection with its reports on the Company's
financial statements for such years and interim period, and (ii)
there were no reportable events, as defined in Item 304(a)(1)(v) of
Regulation S-K.
Following Assurance Dimensions' exit, on April 4, 2025, the Company
engaged Stephano Slack LLC as its new independent registered public
accounting firm for the fiscal year ending March 31, 2025.
During the Company's fiscal years ended March 31, 2024, and
December 31, 2023, and the subsequent interim period through
December 31, 2024, neither the Company nor anyone on its behalf
consulted with the New Auditor regarding: (i) the application of
accounting principles to a specific transaction, either completed
or proposed, or the type of audit opinion that might be rendered on
the Company's financial statements, and no written report or oral
advice was provided by the New Auditor that was an important factor
considered by the Company in reaching a decision as to any
accounting, auditing, or financial reporting issue; (ii) any matter
that was the subject of a disagreement, as defined in Item
304(a)(1)(iv) of Regulation S-K; or (iii) any reportable event, as
defined in Item 304(a)(1)(v) of Regulation S-K.
About Earth Science Tech
Miami, Fla.-based Earth Science Tech, Inc. was incorporated under
the laws of the State of Nevada on April 23, 2010, subsequently
changed to the State of Florida on June 27, 2022. As of November 8,
2022, the Company is a holding entity set to acquire companies with
its current focus in the health and wellness industry. The Company
is presently in compounding pharmaceuticals and telemedicine
through its wholly owned subsidiaries RxCompoundStore.com, LLC.,
Peaks Curative, LLC., and Earth Science Foundation, Inc.
Boca Raton, Fla.-based R. Bolko, CPA P.A, the Company's auditor
since 2022, issued a "going concern" qualification in its report
dated April 16, 2024, citing that the Company has suffered negative
cash flows and has a significant accumulated deficit. These factors
raise substantial doubt about the Company's ability to continue as
a going concern.
As of December 31, 2024, Earth Science Tech had $5,708,014 in total
assets, $2,427,567 in total liabilities, and $3,280,447 in total
stockholders' equity.
EISNER ADVISORY: Moody's Lowers CFR to 'B3', Outlook Stable
-----------------------------------------------------------
Moody's Ratings downgraded Eisner Advisory Group LLC's (Eisner)
corporate family rating to B3 from B2 and probability of default
rating to B3-PD from B2-PD. The $130 million senior secured
revolving credit facility expiring 2029 and $984 million (remaining
principal balance, including the new, $75 million incremental term
loan) due 2031 were downgraded to B3 from B2. Moody's also assigned
a B3 rating to the new $75 million senior secured incremental
delayed draw term loan due 2031. The outlook remains stable. Eisner
is a US middle-market accounting, tax and advisory services
provider.
Eisner privately placed the new $75 million incremental term loan
and $75 million delayed draw term loan with an investor group. The
initial use of the net proceeds from the incremental term loan was
to repay revolving credit facility loans and add cash to the
balance sheet. Moody's expects Eisner will use the cash to complete
acquisitions currently under letter of intent. Likewise, Moody's
anticipates the delayed draw term loan will be used to fund
acquisitions.
The downgrade of the CFR to B3 from B2 reflects Moody's concerns
that financial strategies will remain aggressive, debt/EBITDA will
remain well above 6.5x over the next 12 to 18 months as Eisner
pursues debt-funded purchases, and free cash flow will remain weak
due to acquisition, financing and integration costs.
ESG considerations were a key driver of the actions, notably
governance risk due to the company's decision to pursue aggressive
financial strategies.
RATINGS RATIONALE
Eisner's B3 CFR is constrained by high debt/EBITDA around 10x for
the 12 months ended January 31, 2025, pro forma for planned
acquisitions and the new term loans. Eisner has a small revenue
scale relative to global accounting, audit and tax service
companies. Moody's views the industry as highly competitive and
mature. Moody's expects debt/EBITDA will fall, approaching 7.0x by
the of FY2026 (ends 31 July) through higher earnings, driven by
low-single-digit rate organic revenue growth and profitability rate
expansion, as well as required debt amortization. The rating is
also constrained by an aggressive financial policy under private
equity ownership with potential for further debt-funded
acquisitions. Having completed about 40 acquisitions since 2021,
Moody's expects Eisner will continue pursuing debt-funded
acquisitions, limiting the potential for meaningful financial
leverage reduction over the next 12 to 18 months. Given the
numerous acquisitions, historical financial information does not
reflect the company's current operations without substantial pro
forma and other adjustments, leading us to consider the quality of
earnings as poor.
All financial metrics cited reflect Moody's standard adjustments.
The rating benefits from Eisner's balanced business profile and
strong name recognition, diversified client base with its top 10
clients representing less than 5% of total revenue, and a highly
recurring revenue model supported by strong client retention rates.
Moody's expects margin expansion will be driven by the company's
investments in offshoring and technology support. Moody's also
considers Eisner's relatively strong partner retention rates, which
is a key factor in its good revenue predictability. When the
employment and macro-economic environment in the US is favorable,
employee turnover risks persist. However, continued high levels of
incentives and retention tools partially mitigate the risk of
increased partner turnover. Moody's expects EBITDA margins in a low
double-digit percentage range in FY 2026 (ends July).
The B3 credit facility ratings, which are the same as the B3 CFR,
reflect the preponderance of debt represented by the term loan and
revolver. The revolver and term loans have a first priority
security interest in substantially all assets of the borrower and
guarantors.
Moody's considers Eisner's liquidity profile as adequate,
reflecting Moody's expectations for at least $25 million of free
cash flow in FY2026 and access to its $130 million revolver
expiring 2029. Anticipated free cash flow and $45 million cash on
hand as of January 31, 2025, pro forma for the new term loan,
should cover approximately $10.0 million of mandatory annual debt
amortization. However, uncertainty around Moody's free cash flow
expectations remains high given the large cost add-backs that the
company considers non-recurring. Due to the seasonality of the tax
business and the timing of bonus compensation, Eisner's revenue and
cash flows are highly seasonal. Moody's expects negative cash flow
in Eisner's 2nd and 4th fiscal quarters (ending January 31, and
July 31, respectively) and very positive cash flows, with a spike
in tax filing-related revenue, in its 3rd fiscal quarter (ends 30
April). Moody's also expects that the revolver may be drawn to fund
seasonal cash needs and acquisitions. Access to the revolver
requires compliance with a springing maximum first lien net
leverage ratio covenant that cannot exceed 7.7x, which is tested
when the revolver draw is 35% ($45.5 million) of the total
commitment or greater. As of January 31, 2025, first lien net
leverage was 5.1x. Moody's expects Eisner to maintain ample cushion
under its financial covenant.
The stable outlook reflects Moody's expectations for
low-single-digit rate organic revenue growth in 2025 and 2026 and
modest, but growing, free cash flow generation. Moody's also
anticipates aggressive financial strategies featuring debt-funded
acquisitions, leading to elevated integration and other expenses
that pressure profitability rates and free cash flow.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Eisner, expands profitability
rates and improves its quality of earnings as integration and other
non-recurring costs diminish, with EBITDA margins around 15%,
demonstrates a commitment to more conservative financial policies,
sustains financial leverage below 6.0x and maintains a good
liquidity profile, with free cash flow-to-debt around 5%.
The ratings could be downgraded if Eisner experiences declining
revenues and operating margins or high employee turnover rates. The
ratings could also be downgraded if the company exhibits financial
policies that include debt-financed dividends or acquisitions
increasing financial leverage to be sustained above 7.0x, EBITDA
less capital expenditures to interest remaining below 1.0x or a
material weakening in liquidity, including from sustaining free
cash flow deficits.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Eisner Advisory Group LLC, domiciled in New York City and
controlled by affiliates of private equity sponsor TowerBrook, is a
US middle-market professional services firm with a national
platform and global presence, offering accounting, tax and advisory
services to over 45,000 clients. Moody's expects FY2026 (ends July
31,) of about $1.2 billion.
ENTECCO FILTER: Court Extends Cash Collateral Access to May 30
--------------------------------------------------------------
Entecco Filter Technology, Inc. received eighth interim approval
from the U.S. Bankruptcy Court for the Middle District of North
Carolina, Winston-Salem Division to use cash collateral until May
30.
The court authorized Entecco to use the cash collateral of PNC
Bank, National Association based on the company's four-week budget
projection. During this interim period, the company can use up to
110% of any line item in the budget.
PNC Bank has a lien on certain assets of the company based on a
$125,000 loan extended under a revolving line of credit issued in
July last year.
As protection for PNC's interest in the cash collateral, the court
granted the bank a lien on the company's post-petition assets to
the same extent as its pre-bankruptcy lien.
In case of any default or unauthorized use of funds, PNC can
request immediate relief, including termination of the company's
ability to use cash collateral.
The next hearing is scheduled for May 29.
About Entecco Filter Technology
Entecco Filter Technology, Inc., is a Delaware-based environmental
technology company, specializing in air purification systems and
filter products used in various industries.
Entecco filed Chapter 11 petition (Bankr. M.D.N.C. Case No.
24-50707) on September 19, 2024, listing between $1 million and $10
million in both assets and liabilities. James David Edgerton,
president and chief executive officer, signed the petition.
Judge Lena M. James oversees the case.
The Debtor is represented by James C. Lanik, Esq., at Waldrep Wall
Babcock & Bailey, PLLC.
Secured creditor PNC Bank, N.A. is represented by:
Brian D. Darer, Esq.
Parker Poe Adams & Bernstein, LLP
301 Fayetteville Street, Suite 1400
Raleigh, NC 27602
Telephone: (919) 828-0564
briandarer@parkerpoe.com
FELTRIM TUSCANY: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Feltrim Tuscany Preserve, LLC got the green light from the U.S.
Bankruptcy Court for the Middle District of Florida to use cash
collateral.
The order authorized the company's interim use of cash collateral
to pay the amounts expressly authorized by the court, including
monthly payments to the Subchapter V trustee; and expenses set
forth in its budget, plus an amount not to exceed 10% for each line
item.
The budget projects total operational expenses of $14,246.95 for
April; $14,246.95 for May; $15,362.45 for June; $15,534.95 for
July; and $18,989.45 for August.
Feltrim was also authorized to use cash collateral to pay any
additional amount, subject to approval by its lenders.
The lenders include U.S. Bank Trust Co., N.A., Sandhill Crane
Financial, and Walley of Lake County, LLC. Feltrim believes these
lenders hold first priority liens on its real property and rental
income, which constitutes their cash collateral.
As protection, the lenders were granted post-petition lien on their
cash collateral to the same extent and with the same validity and
priority as their pre-bankruptcy liens.
As additional protection, Feltrim was ordered to keep property
insured in accordance with its obligations under its loan
agreements with the Lenders.
The next hearing is scheduled for May 8.
About Feltrim Tuscany Preserve
Feltrim Tuscany Preserve, LLC, a company in Haines City, Fla.,
filed a petition under Chapter 11, Subchapter V of the Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-01693) on March 20, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Catherine Peek Mcewen handles the case.
The Debtor is represented by:
Amy Denton Mayer, Esq.
Stichter Riedel Blain & Postler, P.A.
Tel: 813-229-0144
Email: amayer.ecf@srbp.com
FIRST CLASS: Seeks to Sell New Jersey, Orlando Excess Equipment
---------------------------------------------------------------
First Class Moving Systems, Inc. and its affiliates, Capital Asset
Finance Inc., First Class Moving Systems of North Jersey Inc.,
First Class Moving of South Florida Inc., First Class Commercial
Services of Orlando Inc., and FC Equipment Leasing Inc,, seek Court
authority to sell and/or abandon excess equipment with
inconsequential value.
The Debtors have determined that they need to right-size the
companies, reduce overhead, and increase profitability to
successfully emerge from Chapter 11. The Debtors have decided to
close their New Jersey and Orlando locations.
The Debtors are filing motions to reject the New Jersey and Orlando
real estate leases effective as of April 30, 2025, and to dispose
of all assets in these locations, including assets subject to
purchase money security interests and equipment leases. Vacating
the premises prior to May 1, 2025, will save the estates more than
$100,000.
The Small Business Administration and Valley National Bank assert
liens on virtually all of the Debtors' assets, including equipment.
The Debtors propose the following procedures for the sale and/or
abandonment of the Excess Equipment:
(a) All sales shall be to non-insider unrelated third-party
purchasers in arms-length transactions;
(b) The Debtors will provide notice of any proposed sale to the
SBA and Valley National two days prior to
consummating the transaction. Absent an objection by the SBA or
Valley National, the Debtors are authorized to consummate the
transaction; and
(c) Any Excess Equipment that does not sell on or before April
30, 2025, may, in the sole discretion of the Debtors, be relocated
to another facility and stored pending a sale or abandoned at the
leased facilities or elsewhere by the Debtors.
The Debtor has approximately 285,000 pounds of racking systems and
anticipates that the racking systems will sell for between $0.08
and $0.10 per pound. The remaining Excess Equipment is of
inconsequential value and would cost the Debtors more than its
value to relocate and store at another facility.
The Debtors believe that the procedures proposed for the sale
and/or abandonment of the Excess Equipment is in the best interests
of the estates.
About First Class Moving Systems Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. The Company has
locations in Tampa, Miami/Fort Lauderdale, Gulfport, MS, Orlando,
FL, and Bound Brook, NJ.
First Class Moving Systems Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-02243)
on April 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Scott A. Stichter, Esq. and Amy Denton
Mayer, Esq. at STICHTER RIEDEL BLAIN & POSTLER, P.A.
FIRST CLASS: Seeks to Sell Storage Vaults at New Jersey Location
----------------------------------------------------------------
First Class Moving Systems, Inc. and its affiliates, Capital Asset
Finance Inc., First Class Moving Systems of North Jersey Inc. (FC
NJ), First Class Moving of South Florida Inc., First Class
Commercial Services of Orland Inc., and FC Equipment Leasing Inc.,
seek approval from the U.S. Bankruptcy Court for the Middle
District of Florida, Tampa Division, to sell storage vaults.
The Debtors are preparing to file an emergency motion to reject the
lease for their New Jersey location. FC NJ has a monthly lease
payment of $45,000 with respect to the New Jersey Location and the
Debtors will realize significant cost savings by rejecting that
lease.
FC NJ entered into agreements with customers to store property for
customers at the New Jersey Location. The customers' property is
stored in 5' x 7' x 7' wooden storage vaults. FC NJ has 180 of
these storage vaults at its New Jersey Location.
FC NJ has received an offer from Beltmann Group Incorporated d/b/a
Beltmann Relocation Group to purchase the Storage Vaults for $200
per storage vault.
The contents of the Storage Vaults are the customer’s property
and will remain the property of the customers following the sale.
The transfer of the Storage Vaults on an expedited basis is
important to enable FC NJ to allow the Debtors to vacate the New
Jersey Location by the end of the month.
The Small Business Administration and Valley National Bank assert
liens on virtually all of the Debtors' personal property.
The Debtors seek to sell the Storage Vaults for $36,000.
The Debtors believe that the terms of the sale are fair and will
enable the Debtors to reduce their operating expenses.
About First Class Moving Systems Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. The Company has
locations in Tampa, Miami/Fort Lauderdale, Gulfport, MS, Orlando,
FL, and Bound Brook, NJ.
First Class Moving Systems Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-02243)
on April 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Scott A. Stichter, Esq. and Amy Denton
Mayer, Esq. at STICHTER RIEDEL BLAIN & POSTLER, P.A.
FIT FOR THE RED: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
Fit for the Red Carpet, LLC and Fit for the Runway, LLC received
final approval from the U.S. Bankruptcy Court for the Northern
District of Ohio to use cash collateral.
The companies were authorized to use cash collateral to pay those
expenses set forth in the budget. The budget projects total
operational expenses of $253,428.68 for the period from April to
July.
The companies are not allowed to use cash collateral in excess of
10% of the aggregate amount identified in the budget for the budget
period without the prior written consent of the U.S. Small Business
Administration and OCG Heritage Center, LLC.
As protection for any post-petition diminution in value of their
cash collateral, the both secured creditors were granted
post-petition liens to the same extent, amount, and priority as
their pre-bankruptcy security interests.
About Fit for the Red Carpet
Fit for the Red Carpet LLC is a company that offers personal
services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ohio Case No. 25-50238) on February
18, 2025. In the petition signed by Rhonda Stark, owner, the Debtor
disclosed up to $500,000 in assets and up to $10 million in
liabilities.
Judge Alan M. Koschik oversees the case.
Marc B. Merklin, Esq., at Roetzel & Andress, LPA, represents the
Debtor as legal counsel.
FLORIDA FOOD: Moody's Cuts CFR to Ca to Caa3, Outlook Negative
--------------------------------------------------------------
Moody's Ratings downgraded Florida Food Products, LLC's ('FFP')
Corporate Family Rating to Ca from Caa3 and Probability of Default
Rating to Ca-PD from Caa3-PD. Moody's also downgraded the ratings
on the company's backed senior secured first lien revolving credit
facility and backed senior secured first lien term loan to Caa3
from Caa2. Additionally, Moody's downgraded the company's backed
senior secured second lien term loan to C from Ca. The outlook is
negative.
The downgrade reflects FFP's elevated risk of a distressed exchange
or other default considering the company's very high leverage and
interest burden, negative free cash flow and weak liquidity.
Moody's believes the capital structure is unsustainable without a
material improvement in earnings that will be challenging in an
environment where the beef market remains weak, tariffs increase
costs and consumer confidence and spending could be negatively
affected by higher prices.
As of September 30, 2024, FFP had $9 million in cash and $14
million of availability on a $50 million revolving credit facility
due October 2026. FFP has historically relied on its revolver as
free cash flow has been negative over the past few years. Although
Moody's are forecasting a slight improvement in EBITDA in the next
12 to 18 months, free cash flow is likely to remain negative. Given
the limited availability on the revolver, FFP will need to find
other funding sources. An improvement in liquidity would provide
more time for the company to execute its growth and margin
enhancement strategies, but Moody's believes it will be challenging
to generate the magnitude of earnings improvement necessary to
reduce leverage to a sustainable level. Liquidity will weaken if
the company does not proactively address the revolver expiration.
Since FFP was acquired by Ardian in 2021, the company has faced
increased interest costs on its term loans due to high rates.
Additionally, the earnings from FFP's natural cures business have
declined, primarily due to a slowdown in the beef and pork sectors.
Although new customer wins and business opportunities in FFP's tea
extract, flavors, and coffee segments have helped partially
mitigate the earnings decline from the natural cures business, the
natural cures segment is a higher operating margin business
compared to the other segments. Consequently, FFP's EBITDA is
unlikely to improve significantly enough to reduce leverage
substantially until the natural cures segment recovers, which
Moody's do not expect to happen within the next 12 to 18 months.
Given the anticipated negative free cash flow and only slight
improvement in EBITDA over the next 12 to 18 months from the growth
initiatives and savings from the footprint consolidation, FFP's
Moody's adjusted debt to EBITDA ratio of 12x for the last 12 months
ending September 30, 2024 is likely to remain above 10x in 2025.
RATINGS RATIONALE
FFP's Ca CFR broadly reflects its very small scale as measured by
revenue, competition in the fragmented clean label ingredients
market, unsustainably high leverage and negative free cash flow
that creates elevated risk of a distressed exchange or other debt
restructuring. Moody's projects FFP's debt-to-EBITDA leverage of
12.0x (incorporating Moody's adjustments) for the LTM period ended
September 30, 2024 will remain above 10x over the next year despite
some improvement in EBITDA from growth initiatives and cost savings
from the footprint consolidation. Inflationary cost pressures, a
slowdown in the protein sector, lower food volumes and a slowdown
in coffee extract sales are weakening earnings. Moody's expects
these factors along with higher interest costs will continue to
lead to negative free cash flow for at least the next two years.
Additionally, use of higher leverage under private equity ownership
weakens the credit profile despite sizable equity contributions to
help fund 2022 acquisitions.
The credit profile is supported by the company's established market
position in the very niche but attractive vegetable and fruit based
clean label ingredients market with a market leading position in
the clean label cures segment. The rating benefits from FFP's
strong margins for the sector, lack of customer concentration, and
good longer term growth prospects driven by growing consumer demand
for natural ingredients and healthier food. FFP also benefits from
its 2021-2022 acquisitions that diversified the company's portfolio
to include coffee extract, tea extract, flavors, and nutritional
products. Such products provide some diversity from cyclical dips
in the protein sector as well as growth opportunities. The October
2026 revolver expiration is a liquidity overhang though the first
lien and second lien term loan maturities are in October 2028 and
October 2029, respectively.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The negative outlook reflects Moody's expectations that FFP's
operating performance will remain weak and that negative free cash
flow will make it challenging to reduce the company's unsustainably
high debt to EBITDA leverage. The negative outlook also reflects
Moody's views that the risk of a distressed exchange or other debt
restructuring could increase further if the company's operating
performance and free cash flow do not improve.
The ratings could be downgraded if the company's operating
performance does not improve, free cash flow remains negative,
liquidity weakens, the likelihood of a distressed exchange or
default increases, or recovery values deteriorate.
The ratings could be upgraded if the company significantly improves
its operating performance, generates consistent positive free cash
flow on an annual basis, materially reduces leverage, and improves
liquidity.
The principal methodology used in these ratings was Consumer
Packaged Goods published in June 2022.
Headquartered in Lake Mary, Florida, Florida Food Products, LLC is
a producer of vegetable and fruit based food and beverage
ingredients. Florida Food Products, LLC generated revenue of
approximately $258 million for the LTM period ended September 30,
2024. The company was acquired by Ardian and MidOcean Partners in
October 2021.
FLORIDA MONSTER: To Sell Restaurant Business to H&H Food for $275K
------------------------------------------------------------------
Florida Monster Chef LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida, Orlando Division, to sell
Property, free and clear of liens, interests, and encumbrances.
The Debtor owns and operates a fine dining restaurant located on
Orlando's famous "Restaurant Row". The Debtor operates with the
name "Vines Gille & Wine Bar" from 7533 Sand Lake Road, Orlando,
Florida 32819. The Debtor leases the premises for the Restaurant
from Core Fountains, LLC and MDC Fountains, LLC under
a long term lease. The Debtor has been in operation since 2017.
The Debtor is owned and managed by Mr. Jayson Lopez.
The Debtor was affected by the rising operational costs, including
food, labor, and equipment, while concurrently facing declining
revenues.
The Debtor receives an offer from H&H Food Service, LLC, a
well-known restaurateur who owns and operates the nearby high-end
"H" fine dining restaurant.
The purchase price for the Property for a lump sum payment is
$275,000.00.
The Buyer is also in the process of providing, to the undersign
counsel's Trust Account the sum of $50,000.00 as a good faith
deposit. The Buyer requests to close on or before May 15, 2025.
About Florida Monster Chef LLC
Florida Monster Chef LLC owns and operates Vines Grille & Wine Bar
restaurant in Florida.
Florida Monster Chef filed a Chapter 11 petition (Bankr. M.D. Fla.
Case No. 24-06830) on Dec. 17, 2024, listing between $500,000 and
$1 million in both assets and liabilities.
Judge Tiffany P. Geyer presides over the case.
The Debtor is represented by Justin M. Luna, Esq., at Latham, Luna,
Eden & Beaudine, LLP.
GENERAL ENTERPRISE: Expands Board, Appoints New Directors
---------------------------------------------------------
General Enterprise Ventures, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
majority voting stockholder of the Corporation approved the
appointment of Theodore Ralston, Jeffrey Pomerantz, and John Costa
as members of the Board of Directors of the Corporation, effective
April 1, 2025.
Mr. Theodore Ralston:
(i) has a family relationship with one Officer of the
Corporation, Joshua Ralston, his son who is Vice President of
Operations;
(ii) is a party to related person transactions with the
Corporation as provided in the Corporation's most recent Form 10-K
filed March 31, 2025; and
(iii) has no arrangements or understandings with any other
person pursuant to which he was appointed as a member of the Board
of the Corporation.
Each of Mr. Pomerantz and Mr. Costs,:
(i) has no family relationship with any member of the Board or
other Officer of the Corporation or any person nominated or chosen
by the Corporation to become a member of the Board or other
Officer;
(ii) is not a party to any related person transaction with the
Corporation; and
(iii) has no arrangements or understandings with any other
person pursuant to which he was appointed as a member of the Board
of the Corporation.
Additionally, on March 31, 2025, the Board of the Corporation
approved the appointment of the following persons as officers of
the Corporation, effective April 1, 2025:
1. Theodore Ralston - President and Chief Executive Officer
2. Nanuk Warman - Secretary and Chief Financial Officer
3. Joshua Ralston - Vice President of Operations
4. Anthony Newton - General Counsel
Mr. Josuah Ralston:
(i) has a family relationship with one member of the Board and
an Officer of the Corporation, Thedore Ralston, his father who is a
member of the Board, President and Chief Executive Officer;
(ii) is not a party to any related person transaction with the
Corporation; and
(iii) has no arrangements or understandings with any other
person pursuant to which he was appointed as an Officer of the
Corporation.
Each of Mr. Warman and Mr. Newton:
(i) has no family relationship with any member of the Board or
other Officer of the Corporation or any person nominated or chosen
by the Corporation to become a member of the Board or other
Officer;
(ii) is not a party to any related person transaction with the
Corporation; and
(iii) has no arrangements or understandings with any other
person pursuant to which he was appointed as an Officer of 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
2024, issued a "going concern" qualification in its report dated
Mar. 31, 2025, attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that Company has suffered
recurring losses from operations and has a working capital deficit
that raise substantial doubt about its ability to continue as a
going concern. The Company has incurred losses since inception and
has a net loss of approximately $6.9 million and revenue of $0.8
million for the year ended December 31, 2024. The Company also has
a working capital deficiency of approximately $0.5 million as of
December 31, 2024. In addition, the Company has been dependent on
related parties to fund operations and has an amount owing to
related parties of $0.6 million outstanding at December 31, 2024.
GPB CAPITAL: Deadline to File Claims Set for May 23, 2025
---------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of New York set
May 23, 2025, at 11:59 p.m. EDT as the last date and time for
claimants, including investors and creditors to file proofs of
claim against GPB Capital Holdings LLC and its debtor-affiliates.
Copies of this Notice of Claims Bar Date and the Proof of Claim
Form can be obtained from the Claims Agent's website
(https://dm.epiq11.com/GPBCapital).
A Proof of Claim Form is also available upon request by contacting
the Claims Agent by phone at (855) 635-3027 (toll free in the U.S.)
or (503) 782-5917 (for international callers) or by e-mail at
GPBCapInfo@epiqglobal.com.
A properly completed and signed Proof of Claim, together with
supporting documentation, must be timely submitted to the
Receiver's Claims Agent by:
Mail: GPB Capital Receivership Claims Processing Center
c/o Epiq Corporate Restructuring, LLC
P.O. Box 4419
Beaverton, OR 97076-4419
Courier: GPB Capital Receivership Claims Processing Center
c/o Epiq Corporate Restructuring, LLC
10300 SW Allen Blvd.
Beaverton, OR 97005
-- or --
Internet: Claims Agent's Web site at
https://dm.epiq11.com/GPBCapital.
About GPB Capital
GPB Capital is a New York-based alternative asset management firm
focusing on acquiring income-producing private companies. The
firm's portfolio companies made investments in sectors focused on
automotive retail, waste management and healthcare.
David Gentile founded GPB in 2013 in New York and had collected
more than $1.8 billion from over 17,000 investors.
The firm has an office in downtown's One Clearwater Tower in
Clearwater, Florida, two floors above City Hall.
GPB promised 8 percent returns to investors that would be covered
by cash flow from the portfolio.
CEO David Gentile and associates Jeffery Lash and Jeffry Schneider
were arrested on Feb. 4, 2021, and charged with wire fraud,
securities fraud and conspiracy, according to the Department of
Justice. The SEC claims that the firm defrauded investors of $1.8
billion in a Ponzi-like scheme for at least four years, using new
investors to pay earlier participants as the firm lied about its
profits.
According to The Wall Street Journal, a day after the fraud
charges, Mr. Gentile handed over the CEO's role to GPB's finance
chief on an interim basis.
HANDLOS CUSTOM: Case Summary & Three Unsecured Creditors
--------------------------------------------------------
Debtor: Handlos Custom Farming, LLC
1636 190th Street
Audubon, IA 50025
Business Description: Handlos Custom Farming LLC performs
contract
planting, cultivation and harvesting for the
Handlos group's hog-feeding operations in
Audubon, Iowa.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00670
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
Email: jgoetz@dickinsonbradshaw.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Jacob Best as authorized representative
of the Debtor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YLKKI3Y/Handlos_Custom_Farming_LLC__iasbke-25-00670__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Three Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Elmquist Welding & Trade Debt $1,684
Repair, Inc.
1789 190th Street
Audubon, IA 50025
2. Waspy's Truck Stop, LLC Trade Debt $1,435
2079 Highway 71
Audubon, IA 50025
3. Wellmark Trade Debt $6,731
PO Box 14456
Des Moines, IA 50306
HANDLOS FARROWING - SOUTH: Voluntary Chapter 11 Case Summary
------------------------------------------------------------
Debtor: Handlos Farrowing - South, LLC
1636 190th Street
Audubon, IA 50025
Business Description: Handlos Farrowing - South, LLC operates a
pig farrowing facility in Audubon, Iowa.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00673
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
E-mail: jgoetz@dickinsonbradshaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Jacob Best authorized representative of
the Debtor.
The Debtor stated in the petition that there are no creditors with
unsecured claims.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GIDZRII/Handlos_Farrowing_-_South_LLC__iasbke-25-00673__0001.0.pdf?mcid=tGE4TAMA
HANDLOS FARROWING LLC: Voluntary Chapter 11 Case Summary
--------------------------------------------------------
Debtor: Handlos Farrowing, LLC
1636 190th Street
Audubon, IA 50025
Business Description: Handlos Farrowing, LLC is a livestock
producer that specializes in pig-farrowing
(breeding and raising newborn hogs) for the
pork supply chain. The family-run operation
serves hog growers across western Iowa.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00674
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
E-mail: jgoetz@dickinsonbradshaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Jacob Best as authorized representative
of the Debtor.
The Debtor indicated in the petition that there are no unsecured
creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/QOXQTFI/Handlos_Farrowing_LLC__iasbke-25-00674__0001.0.pdf?mcid=tGE4TAMA
HANDLOS FARROWING: Voluntary Chapter 11 Case Summary
----------------------------------------------------
Debtor: Handlos Farrowing - Jacksonville, LLC
1636 190th Street
Audubon, IA 50025
Business Description: Handlos Farrowing-Jacksonville LLC runs
sow
barns near Audubon, Iowa, producing piglets
for the Handlos group's pork-production
chain. The subsidiary supplies weaned pigs
to affiliated finishing sites and relies on
the group's feed-crop and manure-handling
units.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00672
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
E-mail: jgoetz@dickinsonbradshaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Jacob Best as authorized representative
of the Debtor.
The Debtor stated in the petition that there are no creditors with
unsecured claims.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JF7HJWI/Handlos_Farrowing_-_Jacksonville__iasbke-25-00672__0001.0.pdf?mcid=tGE4TAMA
HANDLOS FEED: Case Summary & One Unsecured Creditor
---------------------------------------------------
Debtor: Handlos Feed Mill, LLC
1636 190th Street
Audubon, IA 50025
Business Description: Handlos Feed Mill LLC manufactures and
wholesales livestock feed products from its
facility in Audubon, Iowa. The privately
held company, in operation for roughly two
decades, serves local farmers.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00675
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
E-mail: jgoetz@dickinsonbradshaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Jacob Best as authorized representative
of the Debtor.
The Debtor lists AMVC Nutritional Services, 1797 190th St.,
Audubon, IA 50025, as its sole unsecured creditor, holding a
claim of $117,620.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/EKWJY7I/Handlos_Feed_Mill_LLC__iasbke-25-00675__0001.0.pdf?mcid=tGE4TAMA
HANDLOS FINISHING: Case Summary & Four Unsecured Creditors
----------------------------------------------------------
Debtor: Handlos Finishing, LLC
1636 190th Street
Audubon, IA 50025
Business Description: Handlos Finishing LLC is part of a
family-owned pork producer in Audubon, Iowa,
that raises hogs from farrowing through
finishing and provides custom
manure-handling services. The vertically
integrated operation also farms grain and
feed crops that support its swine units.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00669
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
E-mail: jgoetz@dickinsonbradshaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Jacob Beast as authorized representative
of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YLJ2PEI/Handlos_Finishing_LLC__iasbke-25-00669__0001.0.pdf?mcid=tGE4TAMA
HANDLOS MANURE: Case Summary & One Unsecured Creditor
-----------------------------------------------------
Debtor: Handlos Manure Hauling, LLC
1636 190th Street
Audubon, IA 50025
Business Description: Handlos Manure Hauling LLC provides
commercial manure hauling and
land-application services for livestock
producers in and around Audubon, Iowa.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00676
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
E-mail: jgoetz@dickinsonbradshaw.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $50 million to $100 million
The petition was signed by Jacob Best as authorized representative
of the Debtor.
The Debtor lists Elmquist Welding and Repair, Inc., located at
1789 190th Street, Audubon, IA 50025, as its sole unsecured
creditor, holding a claim of $329.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SS5VJCI/Handlos_Manure_Hauling_LLC__iasbke-25-00676__0001.0.pdf?mcid=tGE4TAMA
HERITAGE GROCERS: S&P Downgrades ICR to 'B-', Outlook Stable
------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on U.S-based
Heritage Grocers Group LLC (Heritage) to 'B-' from 'B'.
S&P said, "At the same time, we lowered our issue-level rating on
the company's senior secured debt to 'B-' from 'B'; the '3'
recovery rating is unchanged, indicating our expectation of
meaningful (50%-70%; rounded estimate: 60%) recovery in the event
of a payment default.
"The stable outlook reflects our expectation for gradual
improvement in the company's operating performance and credit
protection metrics over the next 12 months, during which we expect
its S&P Global Ratings-adjusted leverage to remain in the low-6x
area."
The lowered rating reflects Heritage's higher-than-expected
leverage due to pressured operating performance in 2024 amid
heightened promotional activity and a challenging economic
backdrop. Heritage's S&P Global Ratings-adjusted EBITDA margins
declined roughly 200 basis points to about 7% in fiscal 2024,
compared with roughly 9% in the prior-year period as soft consumer
demand, increased insurance-related costs, high promotional
activity, and elevated shrink weighed on profit margins. As a
result, the company's S&P Global Ratings-adjusted trailing-12-month
EBITDA declined 12% in the year, leading to a leverage increase of
0.8x to 6.4x for fiscal year 2024. S&P said, "However, we expect
its S&P Global Ratings-adjusted leverage to improve by nearly half
a turn to 6x by the end of fiscal 2025 as cost management
initiatives take hold. We believe Heritage will prioritize cost
optimization targets this year, particularly as it relates to
strategic promotion and discounting activity, enhancing production
planning, efficient shelf space utilization, and applying
market-based price adjustments."
S&P said, "We forecast the company's S&P Global Ratings-adjusted
EBITDA margins will improve over the next 12 months despite tariff
uncertainty. We expect the company's S&P Global Ratings-adjusted
EBITDA margins to improve modestly to 7.3% in fiscal 2025, a
30-basis point improvement compared with 7% in fiscal 2024, as it
implements its turnaround strategy across all its banners.
Additionally, we believe tariffs will have a fairly low impact on
Heritage's profitability and credit metrics given that 18%-20% of
its total goods are imported from China, Mexico, and Canada, with
Mexico comprising most of those imports. We do not believe current
tariffs placed on Mexico will materially impact Heritage's imported
products from Mexico given the United States-Mexico-Canada
Agreement origin rules."
S&P Global Ratings believes there is a high degree of
unpredictability around policy implementation by the U.S.
administration and possible responses--specifically with regard to
tariffs--and the potential effect on economies, supply chains, and
credit conditions around the world. As a result, S&P's baseline
forecasts carry a significant amount of uncertainty. As situations
evolve, it will gauge the macro and credit materiality of potential
and actual policy shifts and reassess its guidance accordingly.
S&P said, "We forecast muted free operating cash flow generation
(FOCF) in 2025, with improvement in fiscal 2026. As of Dec. 29,
2024, Heritage had ample liquidity with $125 million of balance
sheet cash and an undrawn balance on its $125 million revolving
credit facility. We project Heritage will generate flat FOCF this
year compared with $30 million in fiscal 2024 due to reduced
working capital inflows pertaining to its inventory controls in
2025. We expect FOCF will improve to roughly $16 million in fiscal
2026, driven by improved profitability from various initiatives.
Furthermore, we project modestly higher annual capital expenditure
(capex) of $50 million-$55 million to support store refreshes, new
store developments, maintenance costs, and technology upgrades.
Heritage has no immediate maturities, with its $125 million
revolving credit facility due in August 2027 and its principal $895
million term loan facility due in August 2029, and we anticipate
debt balances will be largely unchanged in 2025, apart from
mandatory amortization payments. We expect the company to fund
organic growth initiatives primarily through its balance sheet cash
over the next 12 months.
"The stable outlook reflects our expectation for gradual
improvement in operating performance and credit protection metrics,
including S&P Global Ratings-adjusted leverage in the low-6x area
over the next 12 months."
S&P could lower its rating on the company if S&P expects it to
generate negative FOCF on a sustained basis, constraining its
liquidity and causing it to view its capital structure as
unsustainable. In such a situation, S&P'd expect:
-- Operating performance to be weaker than expected, including
weaker sales or margin trends, such that its credit metrics
deteriorate, leading to S&P Global Ratings-adjusted interest
coverage falling and remaining below 1.5x; or
-- A worsening macroeconomic environment, persistent and elevated
tariffs, or strategy missteps lead to significant challenges for
the business.
S&P could raise its rating if:
-- The company successfully executes its growth strategy by
improving its profitability, including by expanding its S&P Global
Ratings-adjusted EBITDA margins beyond our base-case
projections--leading to EBITDA interest coverage approaching
2x--and materially increasing its FOCF generation through
successful store developments; and
-- S&P expects its S&P Global Ratings-adjusted leverage will
remain below 6x on a sustained basis.
HUDSON'S BAY: Union Slams Illegal Pay Cuts in Liquidation
---------------------------------------------------------
Unifor is calling out Hudson's Bay Company (HBC) for unilaterally
slashing workers' commission pay during its retail liquidation--a
move that violates collective agreements and reduces workers'
income as they prepare for mass termination.
The union has been informed that commission-based pay will be
eliminated as of April 20 for members working in cosmetics
departments, as well as for those who earn commission on big-ticket
items such as appliances. These workers will be shifted to a base
salary only, with HBC citing reduced product inventory and sales as
rationale for the decision.
Unifor has filed a grievance against this move, claiming that it is
in violation of workers' legally binding collective agreement
rights.
"This is a blatant violation of our members' collective agreements
and a cruel blow especially since managers have been rewarded with
bonuses," said Unifor National President Lana Payne. "We're talking
about workers who've spent years working for this company, and now
they're being denied income they've rightfully earned and are
entitled to."
The union has also raised broader concerns about HBC's lack of
transparency and respect for its obligations during the liquidation
process. Unifor has called out HBC for awarding $3 million in
management bonuses as workers face termination.
"This company is treating liquidation like a free-for-all where
contracts and basic decency no longer apply," said Unifor Ontario
Regional Director Samia Hashi. "Workers are being kept in the dark
and their pay is being cut without negotiation. This is exactly why
we need stronger legislative protections and enforceable penalties
for companies that violate workers' rights. Workers should be
priority one during corporate insolvency and bankruptcy."
Unifor continues to call on HBC to honour all aspects of its
collective agreements, including severance and commissions, ensure
full transparency with workers, and immediately reverse its
decision to eliminate commissions.
At a recent Unifor conference that gathered more than 100 retail
workers from across Canada who offered their full support to HBC
workers, two impacted workers from the company's e-commerce
warehouse shared their heart-felt story about the liquidation
news.
"We're all heart broken. We feel betrayed. We just want what was
promised to us and for HBC to treat us with dignity and respect,"
says Hazel Harris, a worker at HBC's e-commerce warehouse.
"Thankfully our union has our back, and together we'll keep
fighting for every penny that we're owed. This fight is far from
over."
Unifor Locals 40 and 240 represent approximately 595 HBC employees
at stores in Windsor, Kitchener, and Toronto's Sherway Gardens, as
well as workers at the company's e-commerce warehouse.
Unifor is Canada's largest union in the private sector,
representing 320,000 workers in every major area of the economy.
The union advocates for all working people and their rights, fights
for equality and social justice in Canada and abroad, and strives
to create progressive change for a better future.
About Hudson's Bay Company ULC
Hudson's Bay Company -- https://www.hbc.com/ -- is a Canadian
holding company of department stores, and the oldest corporation in
North America.
iM3NY LLC: Moves to Dismiss Chapter 11 Bankruptcy Case
------------------------------------------------------
Ziggy Hill of Fox 40 reports that on April 22, 2025, iM3NY LLC --
also known as Imperium3 New York, Inc. -- filed a motion in the
U.S. Bankruptcy Court for the District of Delaware to dismiss its
Chapter 11 case.
The Endicott-based lithium-ion battery startup, which once aimed to
produce high-efficiency, environmentally friendly battery cells in
the U.S., initially sought Chapter 11 protection on January 27,
2025, due to financial constraints and operational challenges,
according to Fox 40.
Following the sale of its assets on April 4, 2025 and the court's
approval on April 21 for waste removal by Sun Environmental
Corporation, the company moved to dismiss its bankruptcy case.
iM3NY stated the dismissal would allow it to complete the waste
removal and fulfill the requirements of the sale, the report
states.
Court records list the company's estimated debts between $100
million and $500 million, with assets valued between $50 million
and $100 million, and more than 15 creditors involved.
Represented by Chipman, Brown, Cicero & Cole LLP, iM3NY argued that
dismissal is the most practical and cost-effective way to conclude
its Chapter 11 proceedings.
Objections to the motion must be submitted by May 6, with a hearing
scheduled for May 13, 2025.
About iM3NY LLC
IM3NY LLC -- https://im3ny.com/ -- is an independent lithium-ion
cell manufacturer that is commercializing cell chemistry developed
in the USA.
iM3NY LLC and Imperium3 New York, Inc. sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No.
25-10131) on January 27, 2025. In the petition, the Debtors
reported estimated assets between $50 million and $100 million and
estimated liabilities between $100 million and $500 million.
The Honorable Bankruptcy Brendan Linehan Shannon handles the
cases.
The Debtors tapped William E. Chipman, Jr., Esq., at Chipman Brown
Cicero & Cole, LLP as counsel; Novo Advisors as financial advisor;
and Hilco Corporate Finance, LLC as investment banker. Stretto,
Inc. is the Debtors' noticing claims management and reconciliation
consultant.
INKED PLAYMATS: Gets Interim OK to Use Cash Collateral Until May 19
-------------------------------------------------------------------
Inked Playmats Corp. got the green light from the U.S. Bankruptcy
Court for the Southern District of Florida to use cash collateral.
The order penned by Judge Erik Kimball authorized the Debtor's
interim use of cash collateral through May 19 to pay the expenses
set forth in its budget.
As protection, secured creditors were granted post-petition
security interest in and lien on the Debtor's accounts receivables,
to the same extent and with the same priority as their
pre-bankruptcy security interest and lien.
The secured creditors include Northeast Bank, the U.S. Small
Business Administration, Bright Plastics LLC, Credibly – Retail
Capital LLC, Parkside Funding LLC, CFG Merchant Solutions, and
Zahav Asset Management, LLC.
A final hearing is set for May 15.
The Debtor, a direct-to-consumer e-commerce business specializing
in custom gaming accessories, filed for Chapter 11 bankruptcy on
April 14 to reorganize and preserve its operations. Despite
generating over $4 million in revenue in 2024 and $6 million in
2023, the Debtor's financial stability was severely disrupted by
merchant cash advance lenders. These lenders imposed aggressive
repayment terms, including garnishing the Debtor's bank accounts
and attempting to force asset sales, nearly driving the business
into closure.
The Debtor estimates its physical assets and receivables are worth
just over $200,000. It believes only two of the seven creditors
with UCC filings -- Northeast Bank and SBA -- are likely to be
secured, while the rest are likely unsecured.
Bright Plastics is represented by:
Brian S. Behar, Esq.
Behar, Gutt & Glazer, P.A.
DCOTA, 1855 Griffin Road, Suite A-350
Ft. Lauderdale, FL 33004
Telephone: (954) 266-3710
bsb@bgglaw.co
Parkside Funding Group is represented by:
Anthony F. Giuliano, Esq.
Giuliano Law, P.C.
445 Broadhollow Road, Ste. 25
Melville, NY 11747
Telephone: (516) 792-9800
afg@glpcny.com
About Inked Playmats Corp.
Inked Playmats Corp. is a direct-to-consumer e-commerce business
specializing in custom gaming accessories.
Inked Playmats filed Chapter 11 petition (Bankr. S.D. Fla. Case No.
25-14046) on April 14, 2025, listing up to $500,000 in assets and
up to $10 million in liabilities. Thomas Pool, president of Inked
Playmats, signed the petition.
Judge Mindy A. Mora oversees the case.
Philip J. Landau, Esq., at Landau Law, PLLC, represents the Debtor
as bankruptcy counsel.
IRREGULAR MIKES: Unsecured Creditors to be Paid in Full in Plan
---------------------------------------------------------------
Irregular Mikes, LLC, d/b/a Baker Street Irregulars filed with the
U.S. Bankruptcy Court for the Southern District of New York a
Disclosure Statement describing Plan of Reorganization dated March
24, 2025.
The Debtor was formed as a limited liability company on The Debtor
was formed on June 30, 2021, for the purpose of entering into a
lease and operating the Restaurant.
The Debtor operates the Premises as a family friendly neighborhood
sports bar where patrons come to enjoy Irish pub inspired food and
drink. Debtor entered into a lease from 1152 First Avenue LLC
("Landlord") on June 30, 2021, with the lease term commencing on
June 1, 2021, for a period of ten years, with the rent increasing
each year (the "Lease").
This is the Debtor's second bankruptcy with the first bankruptcy
petition filed on January 24, 2023. Unfortunately, while some of
the Debtor's financial issues were dealt with in that first
bankruptcy, others were not resulting in the current filing. The
Debtor struggled with expenses from its opening mainly due to a
delay in opening while waiting for department of building final
approvals which were greatly delayed and required rent to be paid
without income.
The Plan is designed as a mechanism for the reorganization of
Debtor. The Debtor owns and operates a restaurant/pub located at
1152 First Avenue, New York, New York, which is leased pursuant to
a long-term lease (the "Restaurant").
Class 3 Unsecured Claims consists of all unsecured creditors. The
Allowed Class 3 Claims shall be paid in Cash from 2% of gross
revenues monthly, beginning with the first month in the year after
the Effective Date and continuing until the creditors are paid in
full. Payment will be made pare passu with all unsecured claims.
General Unsecured Creditors are to be paid in full over time. The
allowed unsecured claims total $146,424.51. Class 3 Unsecured
Claims are Impaired.
Class 4 consists of the Equity Interest of the limited liability
owners of Debtor, as set forth in the Petition. On the Effective
Date, all class 4 Equity Interests shall be cancelled without any
distribution on account of such Equity Interests, and new interests
will be issued to the management group which consists of Michael
Egan (hereinafter the "Management Group").
On the Effective Date the Debtor will issue new equity interests in
the Reorganized Debtor ("New Equity") to the Management Group for
their services which are necessary for the success of the Plan. The
issuance of New Equity will not require any further approval on the
Effective Date and the Debtor's Operating Agreement shall be
amended and restated, if necessary, without further action.
The Debtor has received a commitment from an investor/lender group
(the "Investor") for exit financing. The key terms of the financing
are as follows:
* $100,000 loan subordinate to Debtor's secured creditors and
priority tax creditors.
* The $100,000 loan will be remitted to the Debtor on the
Effective Date as a condition of the Effective Date.
* The loan will bear interest at 12% per annum and will be
payable interest only for the first year and then will be
repayable, principal and interest in equal payments over a
five-year term.
* The loan will be guaranteed by Michael Egan.
The funding of $100,000 on the Effective Date is a condition of
confirmation.
A full-text copy of the Disclosure Statement dated March 24, 2025
is available at https://urlcurt.com/u?l=BbUV5K from
PacerMonitor.com at no charge.
Counsel to the Debtor:
H. Bruce Bronson, Esq.
Bronson Law Offices, P.C.
480 Mamaroneck Ave.
Harrison, NY 10528
Telephone: (914) 269-2530
Facsimile: (888) 908-6906
Email: hbbronson@bronsonlaw.net
About Irregular Mikes
Irregular Mikes, LLC was established in May 2021 as a domestic
limited liability company type registered at 1152 First Avenue, New
York.
Irregular Mikes filed voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. S.D.N.Y., Case No. 24-10938) on
May 28, 2024, with up to $1 million in both assets and
liabilities.
Judge Michael E. Wiles oversees the case.
H. Bruce Bronson, Esq., at Bronson Law Offices, P.C. serves as the
Debtor's counsel.
J.C. PENNEY: Jackson Walker Sued Over Damages in Bankruptcy Deal
----------------------------------------------------------------
Jackson Walker LLP and former Bankruptcy Judge David R. Jones are
expected to be named as defendants in a lawsuit alleging severe
misconduct, according to a recent bankruptcy court filing (Adv.
Case No.24-02006, Dkt. 22). Barnett Capital Advisors, a secured
creditor holding over $330 million in first and second lien bonds,
and Eric Lyndell Moore, who filed the notice on April 15, 2025, are
seeking to withdraw the reference of their case involving Jones,
Freeman, and Jackson Walker from the U.S. Bankruptcy Court to the
U.S. District Court for the Southern District of Texas. This action
aligns with Chief U.S. District Judge Alia Moses' determination
that cases involving potential misconduct by Judge Jones should not
be adjudicated by his former colleagues in the bankruptcy court.
The notice alleges that the Jones-Freeman-Jackson Walker triad
caused billions in damages to secured bondholders in the J.C.
Penney bankruptcy by transferring $5 billion in assets to unsecured
creditors Simon Property Group and Brookfield Properties, a
subsidiary of Brookfield Asset Management without consideration or
benefit to the estate.
Judge Moses' April 9, 2025, order withdraws 34 bankruptcy cases --
including J.C. Penney -- from the bankruptcy court due to ethical
breaches and compromised impartiality stemming from the undisclosed
live-in relationship between Judge Jones and former Jackson Walker
attorney Elizabeth Freeman. Moore and Barnett Capital Advisors
assert that rulings by Jones' former colleague, Bankruptcy Court
Judge Christopher M. Lopez, have not only failed to address
critical legal issues, but have also disregarded established
Supreme Court precedent, including Czyzewski v. Jevic Holding Corp.
and In re AWECO, Inc. They further contend that the non-pro rata
distribution of proceeds violated key bankruptcy protections,
including 11 U.S.C. -- 506(a), and that the concealment of J.C.
Penney's $1.93 billion PropCo real estate valuation undermined the
integrity of the proceedings.
On July 15, 2024, The Wall Street Journal reported that federal
prosecutors were criminally investigating Judge Jones and his
undisclosed relationship with attorney Elizabeth Freeman.
Key Allegations Against Jackson Walker Include:
-- Concealment of Assets: Misrepresenting the debtor's cash
position, violating 18 U.S.C. -- 152, and failing to conduct a
liquidation analysis under 11 U.S.C. -- 1129(a)(7).
-- Unpaid Assets: Transferring $5 billion in assets to Simon and
Brookfield, both unsecured creditors, without consideration,
violating 11 U.S.C. -- 1123(a)(4).
-- Undisclosed Overpayments: Steering over $3 billion to DIP
Lenders, including H/2 Capital and Brigade Capital, among others,
who were owed only $900 million, without disclosure to the U.S.
Trustee, the IRS, or affected creditors.
-- Judge Shopping: Selecting Judge Jones to exploit his compromised
impartiality, with Judge Lopez's rulings failing to uphold creditor
protections.
Barnett Capital Advisors claims these actions, enabled by Jackson
Walker's breaches and the Jones-Freeman relationship, caused
billions in damages to bondholders, shareholders, and the Pension
Benefit Guaranty Corporation (PBGC). The U.S.
Trustee's Office is pursuing the return of millions in legal fees
from Jackson Walker across the 34 affected bankruptcy cases.
Moore stated, "We have written confirmation from attorneys at
Milbank LLP that some first lien bondholders owed $1,000 received
payouts of $5,000 to $6,000, while others in the same class--also
owed $1,000--received as little as $80. Jackson Walker concealed
this fact."
"Jackson Walker breached its fiduciary duty and violated bankruptcy
law, " said Andrew Carrillo, President and CEO of Barnett Capital
Advisors. "The $5 billion transfer to Simon and Brookfield stole
assets on which secured creditors still hold liens, and the
concealment of billions demands district court review to ensure
justice."
Investor Raul Ferrer added, "Simon Property Group's publicly
available, audited financials clearly show that neither Simon nor
Brookfield paid any outside consideration for the $5 billion in
assets they received. It's outrageous."
Moore and Barnett Capital Advisors urge the District Court to
withdraw the reference, as
J.C. Penney is among the cases cited in Judge Moses' order, to
guarantee impartial adjudication. The case, part of the J.C. Penney
Direct Marketing Services, LLC bankruptcy (Case No. 20-20184),
highlights critical issues threatening creditor rights and judicial
integrity.
About Barnett Capital Advisors
Barnett Capital Advisors is a wealth management and retirement
planning firm dedicated to empowering retirees worldwide through
personalized advice, strategic planning, and intelligent
investments. Visit www.barnettcapitaladvisors.com for more
information.
Contact:
Andrew Carrillo President and CEO Barnett Capital Advisors
About J.C. Penney Co. Inc.
J.C. Penney Company, Inc. -- http://www.jcpenney.com/-- is an
apparel and home retailer, offering merchandise from an extensive
portfolio of private, exclusive, and national brands at over 850
stores and online. It sells clothing for women, men, juniors, kids,
and babies.
On May 15, 2020, J.C. Penney entered into a restructuring support
agreement with lenders holding 70% of its first lien debt. The RSA
contemplates agreed-upon terms for a pre-arranged financial
restructuring plan that is expected to reduce several billion
dollars of indebtedness.
To implement the plan, J.C. Penney and its affiliates on May 15,
2020, filed voluntary petitions for reorganization under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Lead Case No.
20-20182). At the time of the filing, J.C. Penney disclosed assets
of between $1 billion and $10 billion and liabilities of the same
range.
Judge David R. Jones oversaw the cases.
The Debtors tapped Kirkland & Ellis and Jackson Walker, LLP as
legal counsel; Katten Muchin Rosenman, LLP as special counsel;
Lazard Freres & Co. LLC as investment banker; AlixPartners, LLP as
restructuring advisor; and KPMG, LLP as tax consultant. Prime Clerk
is the claims agent, maintaining the page
http://cases.primeclerk.com/JCPenney
The committee of unsecured creditors retained Cole Schotz, P.C.,
and Cooley, LLP.
* * *
J.C. Penney in November 2020 won approval to sell substantially all
of its retail and operating assets ("OpCo") to a group formed by
landlords Brookfield Asset Management, Inc. and Simon Property
Group and senior lenders through a combination of cash and new term
loan debt.
Paul, Weiss, Rifkind, Wharton & Garrison LLP was the legal counsel,
and BRG Capital Advisors, LLC, served as financial adviser to Simon
and Brookfield.
JANE STREET: S&P Assigns 'BB' ICR on New Notes Issuance
-------------------------------------------------------
S&P Global Ratings affirmed its 'BB' issuer credit and secured debt
ratings on Jane Street Group LLC (JSG). The outlook on the issuer
credit rating remains positive. S&P also assigned its 'BB' issue
rating to the at least $1 billion notes issuance.
Since S&P revised the outlook to positive last November, JSG has
posted impressive earnings. But it is also expanding risks at a
faster pace than it is building up equity, thereby weakening its
capital position. JSG is expanding at a very fast pace, as
demonstrated by a surge in the total size of its balance sheet,
margins posted to prime brokers, and value-at-risk (VaR) on trading
positions.
Jane Street, a leading U.S.-based market-maker, has announced its
intention to raise at least $1 billion in new notes, following $5.4
billion in long-term debt raised since January 2024.
S&P said, "Although record revenues have added considerable equity
since we revised the outlook to positive from stable in November
2024, risk-weighted assets have also increased at a faster pace,
eroding the company's overall capital position.
"We continue to see positive momentum for credit, owing to JSG's
increasing diversification, market share gains, funding and
liquidity improvements, and a capital position that is still
solid."
The most recent debt issuance announcement follows debt raises of
$1 billion in February this year. This adds up to a cumulative
$5.4 billion since January 2024 (excluding the announcement and
excluding recent draws on a holding company committed line of
credit). S&P sees the debt issuance plan as illustrative of the
firm's comparatively higher risk appetite versus peers with the
company aspiring to seize trading opportunities in a high
volatility environment.
S&P said, "We believe JSG uses its considerable trading capital as
a strategic advantage and does not shy away from putting capital at
risk opportunistically. JSG has added considerable equity, thanks
to record revenue in 2024 and a relatively low payout ratio to
Partners last year. Nevertheless, risk-weighted assets have
outpaced growth in equity, eroding its capital position. Our
risk-adjusted capital (RAC) ratio decreased to about 12.6% at the
end of March 2025 and 12.3% pro forma the announced debt issuance
from 16% in June 2024. We estimate that some of the RAC ratio
erosion in this period is imputable to the inclusion of a higher
operational risk charge that incorporates record 2024 revenue in
our estimation of the company's 2025 RAC. Still, we believe a
majority of the drop is attributable to the vast expansion of
trading activities and the subsequent surge in VaR.
"Even with this meaningful decline, the company is still operating
with a strong capital position per our methodology, both in
absolute terms, as well as relative to its peers. JSG operates with
the largest equity base among the technology-driven trading firms
that we rate and its RAC ratio remains one of the highest in the
peer group.
"Increasing diversification, market share gains, and continuing
improvements in funding and liquidity could continue to generate
positive momentum for credit, provided the company manages its risk
appetite appropriately, in our view. JSG is now a leading
market-maker and liquidity provider in several asset classes
(including equities, options, corporate bonds and Treasuries) while
consolidating its top spot in exchange-traded funds (ETFs)
worldwide. It is also a leading player in the equity wholesale
segment, where it buys and executes order flows from retail
brokers' clients. Its market share gains over the past two years in
various asset classes have been impressive. Beyond this, JSG, like
its peer technology-driven trading firms, benefits from the
structural tailwinds that are affecting the markets it excels in,
such as the secular increase in the electronification of
fixed-income markets and the steady rise of ETFs.
"The addition of long-term resources (including long-term debt and
equity) has contributed to meaningful improvements in funding and
liquidity. We estimate our gross stable funding ratio improved to
86% at the end of December 2024 from 66% at the end of 2023. JSG
has a good funding profile compared with peer high frequency
trading firms. We also view positively the implementation of longer
notice periods with prime brokers, in turn ensuring higher funding
stability in a stress scenario.
"At an estimated 62% in March 2025, the ratio of margin to S&P
Global Ratings' net trading capital, which is our preferred metric
for measuring liquidity, shows that the company would have good
capacity to meet incremental margin calls in a stress scenario, and
the gap with higher-rated peers is narrowing."
S&P's positive outlook on JSG also incorporates its view of the
following risk mitigants:
-- JSG systematically deploys macro hedges against severe market
conditions (e.g., "out of the money" options on major indices,
commodities, and Treasuries), which could provide some downside
protection that is not fully reflected in the VaR we use to
incorporate trading book market risk in our RAC ratio. These
positions would pay off in a market crash scenario, as they did in
2020.
-- Loans from members could provide some funding and
loss-absorbing capacity, in our view, but because of their
short-term nature, we exclude them from our measure of total
adjusted capital, RAC ratio, and stable funding.
S&P said, "We view the compensation framework as probably less
conducive to excessive risk-taking than at some of its peers. This
is because individual traders and quantitative analysts are
compensated based on a variety of factors, including their
contributions to research, their understanding of market dynamics,
and their cooperation with other teams.
"The positive outlook reflects the possibility that we could raise
the ratings in the next 12-18 months if we were to believe the
company is poised to appropriately manage its sizable risk appetite
while sustaining benefits from its enhanced scale and increased
diversification, while also maintaining strong capital and the
improvements in its funding profile.
"We could raise the ratings in the next 12-18 months if the company
consolidates its market share gains, continues to diversify across
asset classes and geographies, and strengthens its liquidity--all
while maintaining its solid capital position.
"We could revise the outlook to stable if the company's funding and
liquidity were to weaken or if its capital position were to erode
further, resulting in a RAC ratio falling below 11%."
KB DEVELOPMENT: Rental Income & Sale Proceeds to Fund Plan
----------------------------------------------------------
KB Development Group, LLC, filed with the U.S. Bankruptcy Court for
the Southern District of Illinois a Plan of Reorganization dated
March 24, 2025.
The Debtor is a real estate holding company which owns six separate
parcels of real estate. The Debtor is 100% owned by Michael
Thomas.
The Debtor filed this chapter 11 proceeding to stop a foreclosure
proceeding initiated by First State Bank of Waterloo and resolve
deficiencies with other secured lenders. After filing, the Debtor
explored various refinancing options without success. The Debtor
has determined that a controlled sale of most of its real estate
will pay creditors in full and allow the Debtor to retain some
performing assets.
This Plan provides for three classes of Secured Claims; one Class
of Unsecured Claims; and one Class of Allowed Interests. This Plan
also provides for the payment of Administrative Expense Claims and
Priority Tax Claims.
Class 4 shall consist of all Allowed Unsecured Claims held by any
Unsecured Creditor against the Debtor. The Holders of Allowed
General Unsecured Claims will receive payment in full from real
estate sale proceeds after payment of liens and from rental income
after payment of Class 2 and 3 Claims.
Class 5 consists of all Allowed Interests in the Debtor. Class 5
Allowed Interests will be retained on the Effective Date and
therefore are unimpaired under the Plan and are deemed to have
accepted the Plan.
The Debtor will list various parcels of real estate sale for sale.
After payment of liens, any excess sale proceeds shall be used to
pay Allowed Class 4 Claims. If Allowed Class 4 Claims remain unpaid
after sale of real estate, the Class 4 Claim shall received payment
if full no later than three years from the Effective Date from a
contribution by the Debtor's sole member.
A full-text copy of the Plan of Reorganization dated March 24, 2025
is available at https://urlcurt.com/u?l=K3woET from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Spencer P. Desai, Esq.
The Desai Law Firm, LLC
13321 North Outer Forty Road, Suite 300
St. Louis, MO 63017
Telephone: (314) 666-9781
Facsimile: (314) 448-4320
Email: spd@desailawfirmllc.com
About KB Development Group
KB Development Group, LLC, is a real estate holding company which
owns six separate parcels of real estate.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ill. Case No. 24-30769-lkg) on Oct.
23, 2024.
In the petition signed by Mike Thomas, manager, the Debtor
disclosed up to $50,000 in assets and up to $1 million in
liabilities.
Steven M. Wallace, Esq., at Goldenberg Heller & Antognoli, P.C., is
the Debtor's legal counsel.
KIN DEE: Case Summary & 10 Unsecured Creditors
----------------------------------------------
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Kin Dee, LLC (Lead Case) 25-32199
1533 N Shepherd Dr
Houston, TX 77008-4182
MaKiin, LLC 25-32201
2651 Kipling St Ste 101
Houston, TX 77098-1243
Business Description: The Debtors manage and operate Thai
restaurants at two leased locations:
1533 N. Shepherd Dr., Suite 160,
Houston, TX 77008-4182, and
2651 Kipling St., Suite 101,
Houston, TX 77098-1243.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Judge: Hon. Eduardo V Rodriguez
Debtors' Counsel: Robert C Lane, Esq.
A. Zachary Casas, Esq.
THE LANE LAW FIRM, PLLC
6200 Savoy Dr Ste 1150
Houston TX 77036-3369
Tel: (713) 595-8200
Fax: (713) 595-8201
E-mail: notifications@lanelaw.com
Zach.casas@lanelaw.com
Kin Dee, LLC's
Total Assets: $30,301
Kin Dee, LLC's
Total Debts: $1,168,956
MaKiin, LLC's
Total Assets: $60,595
MaKiin, LLC's
Total Debts: $1,116,744
The petitions were signed by Warattayar Srasrisuwan as CEO and
owner.
Full-text copies of the petitions, which include lists of the
Debtors' largest unsecured creditors, are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GW4I2UQ/Kin_Dee_LLC__txsbke-25-32199__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/IB424PI/MaKiin_LLC__txsbke-25-32201__0001.0.pdf?mcid=tGE4TAMA
KULA GRAIN: Case Summary & Nine Unsecured Creditors
---------------------------------------------------
Debtor: Kula Grain Co., Inc.
d/b/a Kula Grain Company
20279 US Hwy 34
Fort Morgan, CO 80701
Business Description: Kula Grain Co. Inc. is a
Fort Morgan,
Colorado–based grain merchant and
interstate
freight carrier that hauls dry-bulk farm
commodities.
Chapter 11 Petition Date: April 22, 2025
Court: United States Bankruptcy Court
District of Colorado
Case No.: 25-12338
Judge: Hon. Joseph G Rosania Jr.
Debtor's Counsel: Jeffrey A. Weinman, Esq.
ALLEN VELLONE WOLF HELFRICH & FACTOR, P.C.
1600 Stout Street
1900
Denver, CO 80202
Tel: 303-534-4499
E-mail: jweinman@allen-vellone.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Asa Carpenter as president.
A copy of the Debtor's list of nine unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/4YVH75Q/Kula_Grain_Co_Inc__cobke-25-12338__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/44LA3HY/Kula_Grain_Co_Inc__cobke-25-12338__0001.0.pdf?mcid=tGE4TAMA
LABL INC: Moody's Affirms 'Caa1' CFR, Outlook Remains Negative
--------------------------------------------------------------
Moody's Ratings affirmed LABL, Inc.'s (doing business as
Multi-Color Corporation) corporate family rating of Caa1 and its
probability of default rating of Caa1-PD. Moody's also affirmed
Multi-Color's senior secured bank credit facilities, including the
revolver and the term loan at B3, and its senior secured notes at
B3. Moody's further affirmed the company's senior unsecured notes
at Caa3. The outlook remains negative.
"Multi-Color's Caa1 CFR with a negative outlook reflects the
company's unsustainable capital structure with limited prospects
for a material turnaround in the company's negative free cash flow
and high leverage (11.5x debt/EBITDA as of December 31, 2024
following the most recent debt-funded tuck-in acquisition)," says
Motoki Yanase, VP-Senior Credit Officer at Moody's Ratings.
"Although Multi-Color's revenue has shown signs of a tepid recovery
in the second half of 2024, the degree of recovery remains
uncertain if widespread tariffs stick and lead to higher inflation
and lower economic growth. With an aggressive financial policy and
negative free cash flow, the company is dependent on earnings
recovery to improve its credit metrics and refinance the next major
maturity of the $690 million senior unsecured notes due July 2027,"
added Yanase.
Governance considerations are a driver of the rating action,
reflecting an aggressive financial policy to operate with an
unsustainably high debt load relative to its earnings capacity and
willingness to expand the business with debt-funded acquisitions.
RATINGS RATIONALE
Multi-Color's Caa1 CFR is constrained by the company's persistent
high leverage and weak interest coverage, measured by
EBITDA/interest expense at 1.0x and leverage well above 10x
debt/EBITDA in 2024. Moody's expects free cash flow will remain
negative in the next 12-18 months from December 2024, which will
limit the company's debt repayment capacity. However, even if the
company returned to material revenue growth and free cash flow
turned positive, excess cash flow will be insufficient to
materially reduce debt. The rating is further constrained by the
company's acquisition-driven growth strategy which entails
execution risks to integrate acquired businesses and achieve
synergies.
These credit weaknesses are counterbalanced by strengths in
Multi-Color's credit profile, including its scale with over $3
billion of revenue, with a leading position in the labels industry
in North America. The company predominantly serves customers in
food & beverage and home & personal care end markets, with
long-term relationships, which provides a stable revenue base.
Moody's expects Multi-Color to have weak liquidity for the next 12
months from December 2024, driven by negative free cash flow and
increased dependence on its two revolving credit facilities. As of
December 31, 2024, the company had $87 million of cash on hand, a
$200 million undrawn cash revolver and $93 million of availability
under its ABL revolver. Availability under the two revolvers will
support Multi-Color's liquidity for the next 12 months with
adequate cushion under its covenants of net secured leverage and
fixed charge coverage ratios. Multi Color's next significant
maturity is the $690 million senior unsecured notes due July 2027.
The negative rating outlook reflects Moody's expectations of
continued weak financial flexibility with negative free cash flow
and increasing dependence on its revolvers over the next 12-18
months.
The B3 rating assigned to the senior secured credit facilities and
the senior secured notes is one notch above the Caa1 CFR. The B3
rating reflects priority of payment of the secured debt relative to
the company's senior unsecured notes but subordination to the
company's unrated ABL revolver.
The Caa3 rating assigned to the senior unsecured notes reflects
their subordination to the senior secured term loans and notes.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could downgrade the ratings if Multi-Color's credit
metrics, liquidity or the operating and competitive environment
deteriorates further. Specifically, the ratings could be downgraded
if EBITDA/interest coverage is below 1.0x, liquidity deteriorates
or the likelihood of restructuring increases.
Moody's could upgrade the ratings over time if Multi-Color improves
its profit and cash flow, and maintains a less aggressive financial
policy to support debt paydown. Specifically, the ratings could be
upgraded if debt/EBITDA trends below 8x, EBITDA/interest coverage
rises above 1.5x and the company demonstrates a track record of
consistent free cash flow generation.
Headquartered in Rosemont, Illinois, LABL, Inc. is a provider of
pressure sensitive labels, flexible film packaging and other
packaging solutions for the food and beverage, health and beauty,
and consumer products markets. The company operates under the name
of Multi-Color. The company is owned by CD&R and generated about
$3.1 billion in revenue for the 12 month that ended in December
2024.
The principal methodology used in these ratings was Packaging
Manufacturers: Metal, Glass and Plastic Containers published in
April 2025.
LAZZARA FAMILY BRICK: Seeks Subchapter V Bankruptcy in Florida
--------------------------------------------------------------
On April 17, 2025, Lazzara Family Brick Pavers LLC filed Chapter
11 protection in the U.S. Bankruptcy Court for the Middle District
of Florida. According to court filing, the Debtor reports between
$100,000 and $500,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Lazzara Family Brick Pavers LLC
Lazzara Family Brick Pavers LLC is a Tampa-based contractor
specializing in brick paving installation for residential and
commercial properties.
Lazzara Family Brick Pavers LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02455) on April 17, 2025. In its petition, the Debtor reports
estimated assets up to $50,000 and estimated liabilities between
$100,000 and $100,000.
Honorable Bankruptcy Judge Catherine Peek Mcewen handles the
case.
The Debtor is represented by Kevin Comer, Esq. at Comer Law Firm.
LEISURE INVESTMENTS: April 29 Deadline for Panel Questionnaires
---------------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy cases of Leisure Investments
Holdings LLC, et al.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/583rau2p and return by email it to
Benjamin A. Hackman, Esq. -- Benjamin.A.Hackman@usdoj.gov -- at the
Office of the United States Trustee so that it is received no later
than Tuesday, April 29, 2025 at 4:00 p.m.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About Leisure Investments Holdings
Leisure Investments Holdings LLC and affiliates are operating under
the name "The Dolphin Company," manage over 30 attractions,
including dolphin habitats, marinas, water parks, and adventure
parks, located in eight countries across three continents. Their
primary operations are based in Mexico, the United States, and the
Caribbean, with locations in Jamaica, the Cayman Islands, the
Dominican Republic, and St. Kitts. These attractions are home to
approximately 2,400 animals from more than 80 species of marine
life, including a variety of marine mammals such as dolphins, sea
lions, manatees, and seals, as well as birds and reptiles. As of
2023, the marine mammal population at the Debtors' parks includes
roughly 295 dolphins, 51 sea lions, 18 manatees, and 18 seals.
Leisure Investments Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case 25-10606) on
March 31, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Laurie Selber Silverstein handles the
case.
The Debtors tapped Robert S. Brady, Esq., Sean T. Greecher, Esq.,
Allison S. Mielke, Esq., and Jared W. Kochenash, Esq. as counsels.
The Debtors' restructuring advisor is Riveron Management Services,
LLC. The Debtors' claims & noticing agent is Kurtzman Carson
Consultants, LLC d/b/a Verita Global.
LILYDALE PROGRESSIVE: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
Lilydale Progressive Missionary Baptist Church received another
extension from the U.S. Bankruptcy Court for the Northern District
of Illinois to use cash collateral.
The seventh interim order authorized the church to use cash
collateral to operate and maintain its property through June 18, in
accordance with its budget.
The Debtor projects total monthly operational expenses of
$44,378.93.
As protection, CadleRock III, LLC was granted a replacement lien on
all post-petition cash collateral and property of the church to the
same extent and with the same priority as its pre-bankruptcy lien.
The church will make monthly payments to CadleRock in the amount of
$10,000 and will remit to CadleRock all revenues for the 30-day
period that exceed $45,000.
A status hearing is set for June 18.
About Lilydale Progressive Missionary
Lilydale Progressive Missionary Baptist Church sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Banker. N.D. Ill.
Case No. 24-12502) on August 26, 2024, with $500,001 to $1 million
in assets and $100,001 to $500,000 in liabilities.
Judge Janet S. Baer presides over the case.
The Debtor tapped the Law Office William E. Jamison & Associates as
bankruptcy counsel and Chitwood & Chitwood Financial Services as
accountant.
CadleRock III, LLC, as secured creditor, is represented by:
Cynthia G. Feeley, Esq.
Feeley & Associates, P.C.
161 North Clark Street, Suite 1600
Chicago, IL 60601
Tel: 312-541-1200
feeleypc@aol.com
MAINE CRAFT: Gets Final OK to Use Cash Collateral
-------------------------------------------------
The U.S. Bankruptcy Court for the District of Maine granted Maine
Craft Distilling, LLC authorization to use cash collateral on a
final basis.
The final order authorized the company to use cash collateral to
pay the expenses set forth in its budget, with a 125% variance
allowed.
Androscoggin Bank, Coastal Enterprises, Inc. and the U.S. Small
Business Administration may assert an interest in the cash
collateral.
As protection, these pre-bankruptcy lienholders were granted liens
on all assets of the company except proceeds from avoidance
actions, with the same priority as their pre-bankruptcy liens.
If Maine Craft wishes to continue using cash collateral after July
6, it must file a continued budget by May 30. Any objections to the
continued use must be filed by June 6 and a hearing will be held on
June 12, if necessary.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/vXLnQ from PacerMonitor.com.
About Maine Craft Distilling
Maine Craft Distilling, LLC produces and sells artisanal spirits
like Blueshine Blueberry Liquor, Ration Expedition Style Rum,
Sprigge Barrel Rested Gin, Black Cap Vodka, Whipple Tree Apple
Brandy, and Alchemy Dry Gin. The company offers its products online
and at its physical public house location, where it also hosts
public events featuring live music.
Maine Craft Distilling sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Me. Case No. 25-20062) on
March 21, 2025. In its petition, the Debtor reported total assets
of $593,878 and total liabilities of $1,281,429 as of March 17,
2025.
The Debtor is represented by:
D. Sam Anderson, Esq.
Bernstein Shur Sawyer & Nelson
Tel: 207-774-1200
Email: sanderson@bernsteinshur.com
MARK REAL ESTATE: Case Summary & Three Unsecured Creditors
----------------------------------------------------------
Debtor: The Mark Real Estate Holdings, LLC
100 US Route 1
Cumberland ME 04021
Business Description: The Mark Real Estate Holdings LLC is
developing "The Mark," a four-story, 45-unit
residential project
at 100 U.S. Route 1 in
Cumberland, Maine. Slated for first move-
ins in spring 2025, the building will
feature one- and two-bedroom market-rate
apartments and condos, targeting renters and
buyers seeking upscale, coastal-accessible
living just north of Portland.
Chapter 11 Petition Date: April 22, 2025
Court: United States Bankruptcy Court
District of Maine
Case No.: 25-20100
Debtor's Counsel: Adam Prescott, Esq.
BERNSTEIN SHUR SAWYER & NELSON, P.A.
100 Middle Street P.O. Box 9729
Portland ME 04101
Tel: 207-774-1200
Email: aprescott@bernsteinshur.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Edward Piazza as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7Q76UFY/The_Mark_Real_Estate_Holdings__mebke-25-20100__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Three Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Builders Capital Finance, LLC Mortgage $7,111,732
1019 39th Ave SE
Suite 220
Puyallup, WA, 98374
Joan M. Egdall, Esq.
Phone: 617-337-4444
Email: jegdall@demerlepc.com
2. Titan Funding LLC Mortgage $6,694,650
c/o Edward Piazza
2701 NW Boca Raton Blvd., Suite 105
Boca Raton, FL, 33431
Kellie W. Fisher, Esq.
Phone: 207-253-0566
Email: kfisher@dmwlaw.com
3. Broad Cove Ridge, LLC Mortgage $475,000
97 Ledgebrook Crossing
Brunswick, ME, 04011
Paul F. Driscoll, Esq.
Phone: 207-774-7000
Email: pdriscoll@nhdlaw.com
MARTINES PALMEIRO: Seeks Chapter 11 Bankruptcy in Colorado
----------------------------------------------------------
On April 21, 2025, Martines Palmeiro Construction LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the District of Colorado. 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 be available
to unsecured creditors.
About Martines Palmeiro Construction LLC
Martines Palmeiro Construction LLC is a Denver-based general
contractor specializing in high-density residential, senior living,
and retail commercial projects across Colorado and Texas. Founded
in 2011, the firm offers services including general contracting,
construction management, and design-build solutions.
Martines Palmeiro Construction LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Col. Case No. 25-12313)
on April 21, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $10 million
and $50 million.
The Debtor is represented by Jeffrey A. Weinman, Esq. at ALLEN
VELLONE WOLF HELFRICH & FACTOR, P.C.
MIDWEST MOBILE: PCO Submits First Report
----------------------------------------
Amanda Wilwert, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Western District of Missouri her first
report regarding the quality of patient care provided by Midwest
Mobile Imaging, LLC.
Midwest provides mobile laboratory and imaging services to
individuals in Missouri. Mobile laboratory and imaging services are
provided in a patient's home, long-term care facilities, assisted
living facilities, senior housing communities, home care agencies,
hospices, specialty clinics, treatment centers, correctional
facilities, and other environments as an alternative to the
traditional imaging setting.
The PCO noted that Midwest's interactions with patients are brief
and sometimes a one-time occurrence. Thus, it can be difficult for
patients to differentiate or identify a mobile laboratory and
imaging provider from their day to-day providers. Given the nature
of Midwest's business, PCO elected not to interview any patients.
By the time of her appointment, Midwest had negotiated a sale of
its assets to Contract X-Ray Services, Inc. and executed an asset
purchase agreement dated Jan. 29. As a result of the motion to
sell, it was requested that this PCO verify that Midwest has
adequate procedures for the storage and maintenance of the patient
records under HIPAA and that the sale provides for the proper
treatment of those records.
The PCO interviewed Contract X-Ray Services' president and owner,
Aaron Baker. Mr. Baker is knowledgeable about the mobile imaging
industry and the obligations to maintain medical records and
provide patients and providers with access to those records. He
views the patient records as an important part of the transfer of
Midwest's business as there will be continuing treatment, payment,
and health care operations that Contract X-Ray Services will need
to maintain once the business is conveyed.
The PCO is confident that Midwest has adequate processes in place
for the maintenance and storage of records based on this
investigation. Patient records will be transferred to Contract X
Ray Services as part of the sale and transfer of Midwest's business
pursuant to the asset purchase agreement. The PCO will continue to
monitor Midwest and its operations and provide reports every 60
days as long as the court deems it necessary.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=eZr8aQ from PacerMonitor.com.
The ombudsman may be reached at:
Amanda M. Wilwert, Esq.
Foulston Siefkin, LLP
7500 College Blvd., Ste. 1400
Overland Park, KS 66210
Phone: (913) 253-2181
Email: awilwert@foulston.com
About Midwest Mobile Imaging
Midwest Mobile Imaging, LLC is a full-service mobile diagnostic
x-ray services provider in Springfield, Mo.
Midwest Mobile Imaging sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Mo. Case No. 25-60002) on January
3, 2025, with up to $500,000 in assets and up to $10 million in
liabilities. Dan Taylor, member of Midwest Mobile Imaging, signed
the petition.
Judge Brian T. Fenimore oversees the case.
Colin N. Gotham, Esq., at Evans & Mullinix, PA, represents the
Debtor as legal counsel.
MOBIQUITY TECHNOLOGIES: Posts Net Loss of $8.6 Million in 2024
--------------------------------------------------------------
Mobiquity Technologies, Inc. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K, disclosing that
to date, it has not been profitable and have incurred significant
losses and cash flow deficits.
For the fiscal years ended December 31, 2024, and 2023, it reported
net losses of $8,593,182 and $6,533,117, respectively, and net cash
used in operating activities of $2,406,881 and $4,395,868,
respectively.
Coral Springs, Fla.-based Assurance Dimensions, the Company's
auditor since 2023, issued a "going concern" qualification in its
report dated Apr. 7, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended Dec. 31, 2024, citing that at
December 31, 2024, the Company had a working capital deficit of
$1,257,393, an accumulated deficit of $225,633,521 and a net loss
of $8,593,182 for the year then ended. These and other factors
raise substantial doubt about the Company's ability to continue as
a going concern.
The Company has incurred significant losses since its inception in
1998 and has not demonstrated an ability to generate sufficient
revenues from the sales of its products and services to achieve
profitable operations. There can be no assurance that profitable
operations will ever be achieved, or if achieved, could be
sustained on a continuing basis. In making this assessment, the
Company performed a comprehensive analysis of its current
circumstances including: financial position, cash flows and cash
usage forecasts for the year ended December 31, 2024, and current
capital structure including equity-based instruments and our
obligations and debts.
Without sufficient revenues from operations, if the Company does
not obtain additional capital, the Company will be required to
reduce the scope of its business development activities or cease
operations.
Management's strategic plans include the following:
* Execution of business plan focused on technology development
and improvement,
* Seek out equity and/or debt financing to obtain the capital
required to meet the Company's financial obligations. There is no
assurance, however, that lenders and investors will continue to
advance capital to the Company or that the new business operations
will be profitable.
* Continuing to explore and execute prospective partnering,
distribution and acquisition opportunities,
* Identifying unique market opportunities that represent
potential positive short-term cash flow.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/4nd5vyj2
About Mobiquity Technologies
Headquartered in Shoreham, N.Y., Mobiquity Technologies, Inc., is a
next-generation advertising technology, data compliance, and
intelligence company that operates through its various proprietary
software platforms. The Company's product solutions are comprised
of three proprietary software platforms: Advertising Technology
Operating System (ATOS Platform); Data Intelligence Platform; and
Publisher Platform for Monetization and Compliance.
As of Dec. 31, 2024, the Company had $6,518,315 in total assets,
$3,233,864 in total liabilities, and a total stockholders' equity
of $3,284,451.
MOLECULAR TEMPLATES: Seeks Chapter 11 Bankruptcy in Delaware
------------------------------------------------------------
On April 20, 2025, Molecular Templates Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Delaware. According to court filing, the
Debtor reports $29,416,746 in debt owed to 100 and 199
creditors. The petition states funds will not be available to
unsecured creditors.
About Molecular Templates Inc.
Molecular Templates Inc. is a clinical-stage biopharmaceutical
company established in 2001, focusing on the discovery and
development of innovative, targeted biologic therapeutics. In
particular, Molecular Templates specializes in developing
proprietary "engineered toxin bodies" ("ETBs"), a next-generation
biologic platform designed to treat cancer and other diseases. The
ETBs that Molecular Templates has developed can target cancer in
unique ways with the potential to overcome tumor resistance
mechanisms.
Molecular Templates Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-10739) on April
20, 2025. In its petition, the Debtor reports total assets as of
April 18, 2025 of $2,492,278 and total debts as of April 18, 2025
of $29,416,746.
Honorable Bankruptcy Judge Brendan Linehan Shannon handles the
case.
The Debtor is represented by Eric D. Schwartz, Esq., Andrew R.
Remming, Esq., Austin T. Park, Esq., and Jake A. Rauchberg, Esq. at
MORRIS, NICHOLS, ARSHT & TUNNELL LLP. KURTZMAN CARSON CONSULTANTS,
LLC is the Debtors' Claims & Noticing Agent.
MULTI PIG: Case Summary & One Unsecured Creditor
------------------------------------------------
Debtor: Multi Pig, Inc.
1636 190th Street
Audubon, IA 50025
Business Description: Multi Pig, Inc. is a livestock producer
based in Audubon, Iowa, specializing in the
breeding and raising of hogs for the
commercial pork market. Founded in 1974,
the Company operates within the U.S.
agricultural-livestock sector and employs a
small team.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00678
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
Email: jgoetz@dickinsonbradshaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Jacob Best as authorized representative
of the Debtor.
The Debtor has identified Farm Credit Services of America, located
at PO Box 2409, Omaha, NE 68103-2409, as its sole unsecured
creditor holding a claim of $329,770.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GOX653Y/Multi_Pig_Inc__iasbke-25-00678__0001.0.pdf?mcid=tGE4TAMA
NATIONWIDE EXPRESS: Unsecureds to Get $10,800 in Quarterly Payments
-------------------------------------------------------------------
Nationwide Express Inc. filed with the U.S. Bankruptcy Court for
the Northern District of Georgia an Amended Plan of Reorganization
dated March 23, 2025.
The Debtor is a facilitated deliveries, logistics, and freight
services company. The Debtor has downsized since filing the
bankruptcy case and is now running five trucks.
The Debtor's only shareholder is Longhorn Logistics, LLC. Charlie
Stinson is the CEO of the Debtor but stopped working for the Debtor
post-petition. The Debtor is being run by Charlie Stinson's
brother, Craig Stinson.
The Debtor employs Charlie Stinson's brother, Craig Stinson, as its
manager. Mr. Stinson will make $68,640.00 annually post
confirmation.
This Plan deals with all property of Debtor and provides for
treatment of all Claims against Debtor and its property.
Class 6 shall consist of General Unsecured Claims including any
potential deficiency claims. If the Plan is confirmed under Section
1191(a) of the Bankruptcy Code, the Debtor shall pay GUCs their pro
rata share of the total amount of $10,800.00 to be paid in
quarterly installments commencing on the first day of the first
full quarter following the Effective Date and continuing on the
first day of each quarter through and including the 12th quarter
following the Effective Date. General Unsecured Creditors will
receive 12 disbursements of $900.00.
If the Plan is confirmed under Section 1191(b) of the Bankruptcy
Code, Class 6 shall be treated the same as if the Plan was
confirmed under Section 1191(a) of the Bankruptcy Code.
The Claims of the Class 6 Creditors are Impaired by the Plan, and
the holders of Class 6 Claims are entitled to vote to accept or
reject the Plan. The allowed unsecured claims total $397,238.13.
Class 7 consists of Longhorn Logistics, LLC as the equity interest
holder of the Debtor and Longhorn Logistics, LLC will retain its
interest in the Reorganized Debtor. This class is not impaired and
is not eligible to vote on the Plan.
The source of funds for the payments pursuant to the Plan is
Debtor's continued business operations.
A full-text copy of the Amended Plan dated March 23, 2025 is
available at https://urlcurt.com/u?l=N6fa82 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Will B. Geer, Esq.
Elizabeth A. Childers, Esq.
Rountree, Leitman, Klein & Geer, LLC
Century I Plaza
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Telephone: (404) 584-1238
Email: wgeer@rlkglaw.com
About Nationwide Express Inc.
Nationwide Express Inc. operates in the general freight trucking
industry. The company is based in Ringgold, Ga.
Nationwide Express filed Chapter 11 petition (Bankr. N.D. Ga. Case
No. 24-40995) on July 2, 2024, listing up to $50,000 in assets and
up to $10 million in liabilities. Charlie Stinson, chief executive
officer of Nationwide Express, signed the petition.
Judge Paul W. Bonapfel oversees the case.
The Debtor is represented by William A. Rountree, Esq., at Rountree
Leitman Klein & Geer, LLC.
NEUROONE MEDICAL: Prices $8M Public Offering of Common Shares
-------------------------------------------------------------
NeuroOne Medical Technologies Corporation disclosed in a Form 8-K
Report filed with the U.S. Securities and Exchange Commission that
the Company entered into an Underwriting Agreement with Ladenburg
Thalmann & Co. Inc. as underwriter, relating to the issuance and
sale of 16,000,000 shares of the Company's common stock, par value
$0.001 per share, at a price to the public of $0.50 per share.
In addition, under the terms of the Underwriting Agreement, the
Company granted the Underwriter an option, exercisable for 45 days,
to purchase up to an additional 2,400,000 shares of common stock on
the same terms as the offering. The offering closed on April 7,
2025. Following the closing of the offering, the Company has
49,797,000 shares of common stock outstanding.
The Company intends to use the net proceeds from this offering for
general working capital purposes.
The Underwriting Agreement contains customary representations,
warranties, covenants and agreements of the Company,
indemnification obligations of the Company and the Underwriter,
including liabilities under the Securities Act of 1933, as amended,
other obligations of the parties and termination provisions. In
addition, pursuant to the terms of the Underwriting Agreement, the
Company and, pursuant to separate lock-up agreements, its executive
officers and directors may not, without the prior written approval
of the Underwriter, subject to limited exceptions, offer, sell,
agree to sell, directly or indirectly, or otherwise dispose of any
shares of common stock or any securities convertible into or
exchangeable for shares of common stock for a period of 75 days
following the closing of the offering. The representations,
warranties and covenants contained in the Underwriting Agreement
were made only for purposes of such agreement and as of specific
dates, were only for the benefit of the parties to such agreement
and may be subject to limitations agreed upon by the contracting
parties. The Underwriting Agreement is filed as Exhibit 1.1 hereto
and the description of the terms of the Underwriting Agreement is
qualified in its entirety by reference to such exhibit.
The offering was made pursuant to an effective registration
statement on Form S-3 (File No. 333-79871), previously filed with
the Securities and Exchange Commission, and the related prospectus
supplement.
About NeuroOne Medical Technologies
Headquartered in Eden Prairie, MN, NeuroOne Medical Technologies
Corporation -- nmtc1.com -- is a medical technology company focused
on (i) diagnostic, ablation and deep brain stimulation technology
for brain related conditions such as epilepsy and Parkinson's
disease; (ii) ablation and stimulation for pain management
throughout the body; and (iii) drug delivery including diagnostic
and stimulation capabilities. The Company is developing and
commercializing thin film electrode technology for continuous
electroencephalogram ("cEEG") and stereoelectrocencephalography
("sEEG"), spinal cord stimulation, brain stimulation, drug delivery
and ablation solutions for patients suffering from epilepsy,
Parkinson's disease, dystonia, essential tremors, chronic pain due
to failed back surgeries and other pain-related neurological
disorders. The Company is also developing the capability to use its
sEEG electrode technology to deliver drugs or gene therapy while
being able to record brain activity before, during, and after
delivery. Additionally, the Company is investigating the potential
applications of its technology associated with artificial
intelligence.
Minneapolis, Minnesota-based Baker Tilly US, LLP, the Company's
auditor since 2021, issued a "going concern" qualification in its
report dated Dec. 17, 2024, citing that the Company had recurring
losses from operations and an accumulated deficit, expects to incur
losses for the foreseeable future, and requires additional working
capital. These are the reasons that raise substantial doubt about
the Company's ability to continue as a going concern.
The Company incurred a net loss of $12.32 million for the year
ended Sept. 30, 2024, compared to a net loss of $11.86 million for
the year ending Sept. 30, 2023. As of Sept. 30, 2024, the Company
had an accumulated deficit of $75.0 million primarily as a result
of expenses incurred in connection with its operations and from its
research and development programs.
As of Dec. 31, 2024, NeuroOne Medical Technologies had $6.49
million in total assets, $3.56 million in total liabilities, and
$2.94 million in total stockholders' equity.
NUEVA VISTA: Case Summary & Five Unsecured Creditors
----------------------------------------------------
Debtor: Nueva Vista 2018 LLC
303 Broadway Ste 104-66
Laguna Beach CA 92651
Business Description: Nueva Vista 2018 LLC is a real-estate
developer that holds fee-simple title to the
property at 1248 S. Santa Fe Avenue
in
Vista, California, currently valued
at $5.6 million.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-11051
Judge: Hon. Scott C Clarkson
Debtor's Counsel: James Mortensen, Esq.
SOCAL LAW GROUP, PC
2855 Michelle Drive 120
Irvine CA 92606
Tel: 213-387-7414
Email: pimmsno1@aol.com
Total Assets: $5,600,000
Total Liabilities: $7,854,164
D. Scott Abernethy signed the petition in his capacity as manager.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/B3GRRAA/Nueva_Vista_2018_LLC__cacbke-25-11051__0001.0.pdf?mcid=tGE4TAMA
OAKLAND PHYSICIANS: Quality of Patient Care Maintained, PCO Reports
-------------------------------------------------------------------
Deborah Fish, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Eastern District of Michigan her fourth
report regarding the quality of patient care provided by Oakland
Physicians Medical Center, LLC, PC.
In the report which covers the period Feb. 4 to March 25, the PCO
disclosed that she met with the Director of Nursing, management,
staff and patients during her visits at the hospital. She also made
communications and calls with the State of Michigan Department of
Licensing and Oakland's legal counsel and participated in an
in-person meeting with the legal counsel and the Subchapter V
trustee.
During her visits, the PCO observed that the staff handled such
matters as food service delivery and medication disbursement with
appropriate care and competence.
Moreover, the hospital maintains an electronic medical record
system and has a medical records department consisting of two
people. That department is up to date on all requests and responds
no later than 72 hours after the request, which is well within the
legal requirements. There are no issues to report at this time, the
PCO said in her report.
Pursuant to Section 333(b)(3), the quality of care provided to
patients at the hospital has been maintained, according to the
report.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=Gu6Wel from PacerMonitor.com.
The ombudsman may be reached at:
Deborah L. Fish
Allard & Fish, P.C.
211 West Fort Street
Suite 705
Detroit, Michigan 48226
Phone: 313-309-3171
Email: dfish@allardfishpc.com
About Oakland Physicians Medical Center
Oakland Physicians Medical Center, L.L.C. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No.
24-51134) on November 23, 2024.
Judge Maria L. Oxholm presides over the case.
The Debtor tapped Robert N. Bassel, Esq. at Robert Bassel, Attorney
At Law as bankruptcy counsel and Brandon M. Dalziel, Esq., at
Bodman PLC as special counsel.
Deborah L. Fish is the patient care ombudsman appointed in the
Debtor's case.
OFF-ROAD AUTOMOTIVE: Seeks Chapter 11 Bankruptcy in Colorado
------------------------------------------------------------
On April 21, 2025, Off-Road Automotive filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Colorado. According to court filing, the Debtor reports between
$10 million and $50 million in debt owed to 50 and 99 creditors.
The petition states funds will be available to unsecured
creditors.
About Off-Road Automotive
Off-Road Automotive is a used vehicle dealership based in Fort
Lupton, Colorado. The Company specializes in off-road-capable
trucks, SUVs, and 4x4 vehicles, offering a diverse inventory from
brands such as Ford, Jeep, Toyota, and Chevrolet. It also provides
financing solutions and trade-in options, catering to both
recreational off-roaders and everyday drivers.
Off-Road Automotive sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-12310) on April 21,
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 Kimberley H. Tyson handles the case.
The Debtor is represented by Keri L. Riley, Esq. at KUTNER BRINEN
DICKEY RILEY PC.
OFFICE PROPERTIES: Files Prospectus Supplement for $99.7M Offering
------------------------------------------------------------------
Office Properties Income Trust disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that it filed with
the Securities and Exchange Commission, or SEC, a prospectus
supplement to the prospectus contained in its effective shelf
registration statement on Form S-3 (Registration No. 333-284926),
as amended, relating to the sale of its common shares of beneficial
interest, $.01 par value per share, or common shares, having an
aggregate sales price of up to $99,655,398 from time to time
through or to Clear Street LLC, or the Agent, in transactions that
are deemed to be an "at the market offering" as defined in Rule 415
under the Securities Act of 1933, as amended, pursuant to the sales
agreement dated March 14, 2025 between the Company and the Agent,
as previously disclosed in its Current Report on Form 8-K filed
with the SEC on March 14, 2025.
In connection with the filing of the prospectus supplement, a copy
of the opinion of Venable LLP regarding the validity of the common
shares being registered under the prospectus supplement, and a copy
of the opinion of Sullivan & Worcester LLP regarding certain tax
matters, are filed with the Current Report on Form 8-K as Exhibits
5.1 and 8.1, available at:
https://tinyurl.com/2tj5fzvr
About Office Properties
Office Properties Income Trust is a REIT organized under Maryland
law. As of Dec. 31, 2023, its wholly owned properties were
comprised of 152 properties, and it had noncontrolling ownership
interests of 51% and 50% in two unconsolidated joint ventures that
owned three properties containing approximately 468,000 rentable
square feet. As of Dec. 31, 2023, the Company's properties are
located in 30 states and the District of Columbia and contain
approximately 20,541,000 rentable square feet. As of Dec. 31, 2023,
its properties were leased to 258 different tenants, with a
weighted average remaining lease term (based on annualized rental
income) of approximately 6.4 years. The U.S. government is its
largest tenant, representing approximately 19.5% of its annualized
rental income as of Dec. 31, 2023.
As of March 31, 2024, the Company had $4 billion in total assets,
$2.7 billion in total liabilities, and $1.3 billion in total
stockholders' equity.
* * *
In May 2024, OPI announced it was actively negotiating with its
existing debtholders to exchange four series of its currently
outstanding senior unsecured notes (worth $1.7 billion at face
value) for up to $610 million of new senior secured notes and
related guarantees, with priority given to the 2025 noteholders
($650 million outstanding). The exchange would result in
debtholders receiving below the par value of the existing notes.
The Troubled Company Reporter on February 11, 2025, reported that
S&P Global Ratings lowered its Company credit rating on Newton,
Mass.-based REIT Office Properties Income Trust (OPI) to 'CC' from
'CCC' and its issue-level ratings on its senior unsecured notes due
2026, 2027 and 2031, which are part of the proposed exchange, to
'CC' from 'CCC-'.
OMEGA THERAPEUTICS: Gets Court Clearance for $14MM Chapter 11 Sale
------------------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that a
Delaware bankruptcy judge on Wednesday, April 23, 2025, approved
Omega Therapeutics' $14 million sale to its debtor-in-possession
lender and a key shareholder as part of the company's Chapter 11
case.
The Troubled Company Reporter, citing Vince Sullivan of Law360,
previously reported that Omega Therapeutics, an mRNA vaccine
developer, filed proposed bidding procedures in a Delaware
bankruptcy court, seeking sale approval by mid-April 2025. The
company has secured a stalking-horse bid worth approximately $11.5
million.
About Omega Therapeutics
Omega Therapeutics Inc. is a biotechnology company in its
development stages, leading innovation in a novel approach to
leverage mRNA therapeutics as programmable epigenetic treatments
through its OMEGA Epigenomic Programming platform. The OMEGA
platform harnesses the power of epigenetics, the mechanism that
controls gene expression and every aspect of an organism's life
from cell genesis, growth, and differentiation to cell death. The
OMEGA platform enables control of fundamental epigenetic processes
to correct the root cause of disease by returning aberrant gene
expression to a normal range without altering native nucleic acid
sequences.
Omega Therapeutics Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10211) on February 10,
2025. In its petition, the Debtor reported total assets as of Jan.
28, 2025 amounting to $137,529,941 and total debts as of Jan. 28,
2025 of $140,421,354.
Honorable Bankruptcy Judge Brendan Linehan Shannon handles the
case.
The Debtor is represented by Derek C. Abbott, Esq., Eric D.
Schwartz, Esq., Andrew R. Remming, Esq., Daniel B. Butz, Esq.,
Jonathan M. Weyand, Esq., and Luke Brzozowski, Esq., at Morris,
Nichols, Arsht & Tunnell LLP in Wilmington, Delaware. The Debtor's
special counsel is Latham & Watkins LLP.
The Debtor tapped Triple P RTS, LLC as restructuring advisor and
Triple P Securities LLC as investment banker. The Debtor's claims
agent and administrative advisor is Kroll Restructuring
Administration LLC.
PACIFIC PRAIRIE: Seeks Chapter 11 Bankruptcy in Wisconsin
---------------------------------------------------------
On April 18, 2025, Pacific Prairie Holdings LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District
of Wisconsin. According to court filing, the
Debtor reports between $100,000 and $500,000 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Pacific Prairie Holdings LLC
Pacific Prairie Holdings LLC is a single asset real estate company
based in Genesee Depot, Wisconsin.
Pacific Prairie Holdings LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Wis. Case No. 25-22125)
on April 18, 2025. In its petition, the Debtor reports estimated
assets between $500,000 and $1 million and estimated liabilities
between $100,000 and $500,000.
Honorable Bankruptcy Judge G Michael Halfenger handles the case.
The Debtor is represented by Michael Jurkash, Esq. and Craig E.
Stevenson, Esq. at Swanson Sweet LLP.
PATRIOT TRANSPORT: Terletsky to Contribute $10K; Files Amended Plan
-------------------------------------------------------------------
Patriot Transport, Inc., submitted a Disclosure Statement
describing First Amended Plan of Reorganization dated March 24,
2025.
The Debtor's First Amended Plan of Reorganization provides for
distribution to the holders of allowed claims and interests from
cash, cash equivalents and other funds and income derived the
continued operations of the Debtor.
Like in the prior iteration of the Plan, Class 2 Claims including
unsecured claims asserted by the Taxing Authorities shall be paid
pro rata distributions of deferred cash payments aggregating
$150,000 from the General Unsecured Creditor Fund payable in five
equal payments of $30,000 with the first installment due 6 months
following the Effective Date (or June 30, 2025 whichever sooner)
and $30,000 payable annually on June 30, 2026, 2027, 2028 and
2029.
Class 3 General Non-Priority Unsecured Claims Held by Related
Entities shall not receive a distribution in this case until all
Class 1 claims are paid in full.
Class 4 General Non-Priority Unsecured Claims Held by Igor
Terletsky shall be voluntarily subordinated to the payment of Class
2 and Class 3 Claims and shall not receive a distribution unless
all Class 2 and Class 3 claims are paid in full.
Class 5 consists of Equity Interests of Igor Terletsky. All equity
interests shall be deemed to be terminated and canceled upon the
Effective Date. Newly issued equity security interests of the
Reorganized Debtor consisting of 1,000 shares of the newly issued
common stock shall be transferred to Igor Terletsky upon the
Effective Date.
Mr. Terletsky shall contribute new value for the equity interests
in the Reorganized Debtor in the amount of $10,000, payable over 5
years at $2,000 per year, which shall be used in connection with
the Debtor's Plan payments. Class 5 Claims and Equity interests are
impaired under the Plan.
The principal of the Debtor, Mr. Igor Terletsky, is effectively
retaining his equity interests in the Debtor. He is providing new
value in order to do so in the form of (1) he has waived payment on
his substantial unsecured claim in the amount of $959,745; (2) he
is contributing the sum of $10,000 toward Plan payments over a
period of 5 years (at $2,000 per year); and (3) he is maintaining
and not increasing his low salary of $156,000 per year for the next
two years. In light of these new value contributions by Mr.
Terletsky, the Debtor maintains that the new value of the shares in
the Reorganized Debtor are sufficient and equivalent to the value
of those shares.
Except as otherwise provided in the Plan or the Confirmation Order,
all cash necessary for the Debtor to make payments pursuant to the
Plan to Allowed Administrative Claims, Priority Claims, Priority
Tax Claims, Secured Claims and General Unsecured Non- Priority
Claims will be from the continued operations of the Debtor.
Igor Terletsky shall serve as the Disbursing Agent for all payments
under the Plan to Class 2 Claimants, and shall otherwise oversee
and assist the Reorganized Debtor in payment of all other
distributions and payments required by the Plan. Mr. Terletsky
shall also be responsible for all post-confirmation U.S. Trustee
reporting requirements.
Except as otherwise provided herein or as ordered by the Bankruptcy
Court, distributions to be made on account of Class 2 Claims that
are Allowed Claims as of the Effective Date shall be made on the
Distribution Date and on each anniversary thereof for a total of
five payments of $30,000 (or $150,000 in the aggregate). Any
payment or distribution required to be made under the Plan on a day
other than a Business Day shall be made on the next succeeding
Business Day.
A full-text copy of the Disclosure Statement dated March 24, 2025
is available at https://urlcurt.com/u?l=4wLJC3 from
PacerMonitor.com at no charge.
Attorney for the Debtor:
Miriam Stein Granek
Gutnicki LLP
4711 Golf Road, Suite 200
Skokie, IL 60076
Tel: (847) 745-6592
Email: mgranek@gutnicki.com
About Patriot Transport
Patriot Transport, Inc., a trucking company in Carol Stream, Ill.,
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. N.D. Ill. Case No. 24-07407) on May 17, 2024, with up to
$10 million in assets and up to $50 million in liabilities. Igor
Terletsky, president, signed the petition.
Judge Timothy A. Barnes presides over the case.
John F. Hiltz, Esq., at Leibowitz, Hiltz & Zanzig, LLC, is the
Debtor's counsel.
PAVMED INC: Secures $2.88 Million Sales Agreement With Maxim
------------------------------------------------------------
PAVmed Inc. filed a Form 8-K with the Securities and Exchange
Commission revealing that on April 17, 2025, it entered into a
sales agreement with Maxim Group LLC, designating Maxim as the
sales agent, pursuant to which the Company may offer and sell its
common stock through or to the Agent on a periodic basis.
Maxim may sell shares of PAVmed's common stock under the Sales
Agreement using legally permitted methods, subject to certain
restrictions. As of April 17, 2025, the maximum amount of shares
available for sale is $2,880,000, as outlined in the prospectus
supplement.
The Company will pay the Agent a commission of 3.0% of the
aggregate gross sales prices of the Shares. The Company will also
reimburse the Agent for fees and disbursements of its legal counsel
(i) in an amount not to exceed $50,000 in connection with the
execution of the Agreement and (ii) in an amount not to exceed
$5,000 per calendar quarter thereafter payable in connection with
each representation date with respect to which the Company is
obligated to deliver a certificate to the Agent pursuant to the
Agreement for which no waiver is applicable and excluding the date
of the Agreement. The Agreement contains customary representations
and warranties, covenants and indemnification and contribution
obligations, including indemnification and contribution for
liabilities under the Securities Act. Either the Company or the
Agent can terminate the Agreement at any time, with ten business
days' written notice, or the Agent can terminate it immediately in
certain situations.
PAVmed intends to use the net proceeds from the Offering for
working capital and general corporate purposes.
The Shares are being offered and sold pursuant to the Company's
effective shelf registration statement under the Securities Act on
Form S-3 (File No. 333-283994), which was declared effective by the
SEC on April 15, 2025, and a prospectus supplement relating to the
Shares, dated April 17, 2025, which the Company filed with the SEC
pursuant to Rule 424(b)(3) under the Securities Act on April 17,
2025.
About PAVmed
Headquartered in New York, NY, PAVmed Inc. -- http://www.pavmed.com
-- is a commercial-stage medical technology company operating
across the medical device, diagnostics, and digital health sectors.
Its subsidiaries include Lucid Diagnostics Inc., which offers
tools for early detection of esophageal precancer, and Veris Health
Inc., which focuses on remote cancer care monitoring using
implantable sensors and connected health devices.
In its report dated March 24, 2025, Marcum LLP, the Company's
auditor since 2019, issued a "going concern" qualification, citing
that the Company has a significant working capital deficiency, has
incurred significant operating 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.
PavMed reported a net income attributable to common stockholders of
$31.97 million for the year ending Dec. 31, 2024, compared to a net
loss attributable to common stockholders of $66.27 million for the
year ending Dec. 31, 2023.
PERMIAN RESOURCES: Moody's Ups CFR to Ba1, Alters Outlook to Stable
-------------------------------------------------------------------
Moody's Ratings upgraded Permian Resources Operating, LLC's
(Permian Resources) Corporate Family Rating to Ba1 from Ba2, its
Probability of Default Rating to Ba1-PD from Ba2-PD, and its backed
senior unsecured notes rating to Ba2 from Ba3. The company's
Speculative Grade Liquidity Rating (SGL) is maintained at SGL-1 and
the rating outlook is changed to stable from positive.
"The upgrade to a Ba1 CFR reflects Permian Resources' emerging
track record of operating at its current scale after growing
rapidly through successive large acquisitions," said Thomas Le
Guay, a Moody's Ratings Vice President, "The company's prudent
financial policies will enable it to generate free cash flow and
reduce debt, even in a lower oil price environment."
RATINGS RATIONALE
Permian Resources' Ba1 CFR reflects its large production scale from
high-quality acreage primarily in the Delaware basin and the
company's continued commitment to prudent financial policies and
free cash flow generation. The company targets net leverage between
0.5x and 1.0x (0.95x as of December 31, 2024) and changed its
variable distribution policy to a lower fixed dividend in November
2024 to retain more cash flow for potential acquisitions or debt
repayment. This change should allow Permian Resources to continue
improving its leverage metrics, with Retained Cash Flow (RCF) to
debt trending towards 60% in 2025 and Debt/Production declining
towards $11,000/boe, under Moody's current $55 WTI base case oil
price assumption.
The Ba1 CFR also incorporates Permian Resources' still relatively
limited track record of executing its current strategy of more
measured organic growth supplemented with bolt-on acquisitions. The
company can continue building its operational track record by
demonstrating consistent organic production growth and full organic
reserves replacement at lower finding and development (F&D) costs
to make its returns competitive and resilient to lower commodity
price environments.
The stable outlook reflects Moody's expectations that Permian
Resources' will maintain financial discipline in the current
volatile oil price environment, achieving free cash flow and
reducing debt under Moody's current price assumptions and reducing
its capital spending if oil prices decline further to avoid
negative free cash flow.
Permian Resources maintains a very good liquidity position,
reflected in its SGL-1 Speculative Grade Liquidity Rating. The
liquidity position is supported by its free cash flow generation
and a $2.5 billion committed senior secured revolving credit
facility ($4.0 billion borrowing base) maturing in February 2028,
which was undrawn as of December 31, 2024. The facility has two
financial covenants, including a maximum debt/EBITDAX of 3.5x and
minimum current ratio of 1.0x. Moody's expects the company to
remain well in compliance with its financial covenants through
2026. Permian Resources' next debt maturity is $289 million
(outstanding) of notes due January 2026 which Moody's expects the
company to repay with cash. It repaid $175 million of notes in the
first quarter of 2025 using proceeds from asset disposals.
Permian Resources' senior unsecured notes are rated Ba2, one notch
below the Ba1 CFR, reflecting the effective subordination of the
unsecured notes to the significant size of the $2.5 billion senior
secured revolving credit facility.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Permian Resources' Ba1 CFR could be upgraded if the company
continues to build a track record of organic production growth and
reserves replacement at more competitive F&D costs and returns on
investment, and meaningfully reduces gross debt outstanding. To
support an upgrade, the company should increase its leveraged full
cycle ratio (LCFR) above 2x and sustain RCF to debt over 50% at
mid-cycle oil and gas prices. The ratings may be downgraded if
there is a substantial increase in leverage to fund acquisitions or
shareholder returns or if the company experiences a meaningful
decline in production. A downgrade could occur if RCF to debt falls
below 35% or LFCR falls towards 1.0x.
Permian Resources Operating, LLC is an independent oil and gas
exploration and production company in the Permian basin, operating
across West Texas and New Mexico. The company owns around 450,000
net acres with production averaging 344 Mboe/d in 2024 (46% oil).
The company had around 6 years of proved developed reserves as of
December 31, 2024. Permian Resources' parent company, Permian
Resources Corporation is publicly-listed.
The principal methodology used in these ratings was Independent
Exploration and Production published in December 2022.
PREDICTIVE ONCOLOGY: Ends Merger Talks With Renovaro Inc.
---------------------------------------------------------
Predictive Oncology Inc. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that it has decided to
discontinue discussions with Renovaro Inc. regarding the previously
reported proposed merger between the two companies.
Contrary to misrepresentations by RENB, including in an April 4,
2025, press release referring to a "binding agreement merger
agreement [sic]" with POAI, POAI has not entered into a merger
agreement with RENB.
As previously disclosed, on January 1, 2025, POAI entered into a
letter of intent with RENB concerning the proposed merger
transaction, which was subsequently modified on February 28, 2025,
pursuant to an extension agreement. The extension agreement, among
other items, extended the term of the letter of intent through
March 31, 2025. The letter of intent terminated on March 31, 2025,
pursuant to its terms. POAI has no further obligations to RENB
under the letter of intent.
About Predictive Oncology
Predictive Oncology Inc., headquartered in Pittsburgh,
Pennsylvania, is a science- and knowledge-driven company that
leverages artificial intelligence (AI) to advance the discovery and
development of optimal cancer therapies. By combining AI with a
proprietary biobank of over 150,000 tumor samples, categorized by
tumor type, the Company delivers actionable insights into drug
compounds, enhancing the drug discovery process and increasing the
likelihood of clinical success. Predictive Oncology offers a
comprehensive suite of solutions that support oncology drug
development from early discovery through to clinical trials,
ultimately aiming to improve treatment effectiveness and patient
outcomes.
In its report dated March 31, 2025, the Company's auditor, KPMG
LLP, issued a "going concern" qualification, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 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.
As of Dec. 31, 2024, Predictive Oncology had $4.97 million in total
assets, $5.18 million in total liabilities, and a total
stockholders' deficit of $202,610.
PROMEDICA HEALTH: Moody's Upgrades Revenue Bond Rating to Ba1
-------------------------------------------------------------
Moody's Ratings has upgraded ProMedica Health System's (OH) revenue
bond rating to Ba1 from Ba2. The outlook is positive. The system
had $1.9 billion in debt at FYE 2024.
The upgrade reflects the successful completion of corporate
restructuring initiatives and greater discipline managing core
operations, which will help sustain material improvement in
financial performance and liquidity. The system has ample cushion
to withstand market volatility and potential federal funding cuts.
RATINGS RATIONALE
The Ba1 reflects ProMedica's strong market position in northwest
Ohio, supported by its extensive hospital and physician network,
which will drive volume growth in high acuity services in a
competitive region. The completion of a major corporate downsizing
and greater focus on core operations will help sustain the recent
material improvement in cashflow and cash. However, high debt will
keep cash-to-debt low at 50%-60% and require higher-than-average
cashflow to reduce operating leverage. Also, while improving, the
assisted living business dilutes system margins.
RATING OUTLOOK
The positive outlook reflects operating cashflow margins (OCF) will
be sustained at 8%-9% in fiscal 2025, reducing debt-to-cashflow to
under 6 times. Days cash on hand will likely remain above 120 days,
given less than 15% is invested in equities. The outlook also
reflects that cash-to-debt will remain above 50%.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Sustained OCF margin of 8%-9% and under 6 times
debt-to-cashflow
-- System cash on hand maintained at over 120 days
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Incremental debt or cash-to-debt falls under 50%
-- Decline in operating cashflow margin below 5%
LEGAL SECURITY
Bonds have a joint and several pledge of gross revenues of the
obligated group, which is 69% of system revenue. In addition, the
bonds are secured by a mortgage and security interest in and
assignment of rents from ProMedica Toledo Hospital and ProMedica
Flower Hospital. The largest non-obligated group members are the
parent ProMedica Corporation, ProMedica Foundation, and ProMedica
Physician Group. The Second Amended and Restated MTI allows for a
substitution of notes, which could lead to a different security in
the future. The parent guarantees lease obligations for the
assisted living facilities; the lease does not have a note on
parity with the obligated group.
PROFILE
ProMedica operates 10 hospitals and one affiliated hospital
primarily in northwest Ohio, a large physician group, 59 assisted
living and memory care facilities in 11 states, and a dental
insurance plan.
METHODOLOGY
The principal methodology used in these ratings was Not-for-profit
Healthcare published in October 2024.
PROSPECT MEDICAL: April 30, 2025 Assets Sale Hearing Set
--------------------------------------------------------
The Hon. Stacey G.C. Jernigan of the U.S. Bankruptcy Court for the
Norther District of Texas will hold a hearing on April 30, 2025, at
1:30 p.m. (prevailing Central time) to consider approval of the
sale of the assets of Prospect Medical Holdings Inc. and its
debtor-affiliates to Astrana Health Inc. and each of their
successors and assigns, free and clear of all liens, and
encumbrances.
Objection to the sale, if any, must be filed no later than 4:00
p.m. (prevailing Central time) on April 28, 2025.
About Prospect Medical Holdings
Prospect Medical Holdings Inc. 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 creditor in
these Chapter 11 cases. The committee tapped Brinkman Law Group,
PC as efficiency counsel.
R.A.R.E. CORP: Gets Interim OK to Use Cash Collateral Until May 15
------------------------------------------------------------------
R.A.R.E. Corporation received seventeenth interim approval from a
U.S. bankruptcy judge to continue to use the cash collateral of its
secured creditors.
The interim order penned by Judge David Cleary of the U.S.
Bankruptcy Court for the Northern District of Illinois authorized
the company to use cash collateral through May 15, in accordance
with its projected budget.
This latest approval aligns with the terms of the court's Feb. 20
order, which remains in effect.
The next hearing is scheduled for May 14, with an objection
deadline of May 12.
About R.A.R.E. Corporation
R.A.R.E. Corporation sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-02127) on February
15, 2024, with up to $500,000 in assets and up to $1 million in
liabilities. R.A.R.E. President Rocky Eastland signed the
petition.
Judge David D. Cleary oversees the case.
William J. Factor, Esq., at FactorLaw, represents the Debtor as
legal counsel.
REBELLION POINT: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Rebellion Point Entertainment, LLC got the green light from the
U.S. Bankruptcy Court for the Eastern District of North Carolina,
Greenville Division, to use cash collateral.
The interim order penned by Judge Pamela McAfee authorized the
Debtor's interim use of cash collateral to pay the expenses set
forth in its 30-day budget, which shows total expenses of $87,757.
As protection, Dogwood State Bank and creditors that may hold
potential secured claims will receive a post-petition lien on the
Debtor's cash and inventory similar to their pre-bankruptcy
collateral.
In addition, Dogwood State Bank will receive payment in the amount
of $3,300 beginning on May 1.
The Debtor's authority to use cash collateral will expire or
terminate upon cessation of its business or non-compliance or
default with the terms and provisions of the interim order.
The next hearing is set for May 14.
About Rebellion Point Entertainment
Rebellion Point Entertainment, LLC, also known as East Coast Game
Rooms, is a family-owned retailer and outfitter based in Kitty
Hawk, N.C., with over four decades of experience in both
residential and commercial entertainment spaces. It offers a wide
selection of game room products including arcade machines,
billiards, ping pong, shuffleboard, and custom furniture. It also
provides rentals, delivery, installation, and repair services for
customers in the Outer Banks and broader East Coast region.
Rebellion Point Entertainment filed Chapter 11 petition (Bankr.
E.D. N.C. Case No. 25-01352) on April 14, 2025, listing up to
$500,000 in assets and up to $10 million in liabilities. David M.
Teague, company owner, signed the petition.
Judge Pamela W. Mcafee oversees the case.
William P. Janvier, Esq., at Stevens Martin Vaughn & Tadych, PLLC,
represents the Debtor as legal counsel.
REBORN PHOENIX: Seeks Chapter 11 Bankruptcy in New York
-------------------------------------------------------
On April 18, 2025, Reborn Phoenix Management Inc. filed Chapter
11 protection in the U.S. Bankruptcy Court for the Eastern
District of New York. According to court filing, the
Debtor reports between $500,000 and $1 million in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Reborn Phoenix Management Inc.
Reborn Phoenix Management Inc. is a single asset real estate
management company.
Reborn Phoenix Management Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41897)
on April 18, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $500,000 and $1 million each.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtor is represented by Ronald D. Weiss, Esq. at Ronald D.
Weiss, P.C.
REGARD RECOVERY: Secured Party Sets Auction for June 5, 2025
------------------------------------------------------------
For default in payment of a debt and performance of obligations
owned by Regard Recovery JP Holdings Co LLC and its affiliates to
WHATT Lender ("secured party"), pursuant to Section 9-610 of the
Uniform Commercial Code, at 10:00 a.m. (prevailing Central Time) on
June 5, 2025, at the law offices of Polsinelli PC, 150 N. Riverside
Plaza, Suite 3000, Chicago, Illinois 60606, and via Zoom video
conference http:s//polsinelli.zoom.us/j/92569417825, Meeting ID
Number: 925 6941 7825 Passcode: 796235, Secured Party will sell at
public auction to the highest qualified bidder for cash Regard
Recovery JP Holding Co LLC's and Regard Recovery JP LLC's interest
in (a) all economic rights, including without limitation, all
rights to share in the profits and losses of the issuer and all
rights to receive distributions of the assets of the issuer; and
(b) all governance rights, including without limitation, all rights
to vote, consent to action and otherwise participate in the
management of the issuer.
For further information regarding the sale, contact:
Nathan Grzegorek
Polsinelli PC
150 N. Riverside Plaza
Suite 3000
Chicago, Illinois 60606
Tel: (312) 819-1900
Fax: (312) 277-7820
Email: ngrzegoreck@polsinelli.com
REGIONAL HOUSING: No Decline in Patient Care at Columbus Facility
-----------------------------------------------------------------
Melanie McNeil, Esq., the patient care ombudsman, filed with the
U.S. Bankruptcy Court for the Northern District of Georgia her 18th
report regarding the quality of patient care provided at The
Landings of Columbus, which is operated by RHCSC Columbus AL
Holdings LLC, an affiliate of Regional Housing & Community Services
Corp.
Regional Housing & Community Services is the governing body for six
personal care homes, including The Landings of Columbus in
Georgia.
The report was filed after an ombudsman representative for the
Office of the State Long-Term Care Ombudsman visited the facility
on Sept. 12, 2024. The ombudsman representative did not receive any
complaints for action. Residents reported they are comfortable
addressing with staff any concerns.
The ombudsman representative observed several staff interacting
with residents in a positive and mutually respectful way. All
residents appeared well groomed and appropriately dressed. Neither
the residents on the dementia unit nor the family member raised any
concerns.
The ombudsman representative observed that the facility was clean,
with no odors as were the occupied resident rooms. The ombudsman
representative received no concerns about food supplies. The menu
was posted. The ombudsman representative noted that medications
were properly secured.
The patient care ombudsman is not aware of any significant change
in facility conditions or decline in resident care for this
personal care home since the last visit.
A copy of the 18th ombudsman report is available for free at
https://urlcurt.com/u?l=5gO6Ri from PacerMonitor.com.
The ombudsman may be reached at:
Melanie S. McNeil, Esq.
2 Peachtree Street NW, 33rd Floor
Atlanta, GA 30303
Telephone: 404-657-5327(O)
404-416-0211 (Cell)
Facsimile: 404-463-8384
Email: Melanie.McNeil@osltco.ga.gov
About Regional Housing & Community Services
Regional Housing & Community Services Corp. and its affiliates
filed a voluntary petition for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ga. Lead Case No. 21-41034) on Aug.
26, 2021. At the time of the filing, Regional Housing & Community
Services listed as much as $100,000 in both assets and
liabilities.
Judge Paul W. Bonapfel oversees the cases.
The Debtors tapped Scroggins & Williamson, P.C. as legal counsel;
GGG Partners, LLC as interim management services provider; and SLIB
II, Inc., doing business as Senior Living Investment Brokerage, as
investment banker. Kurtzman Carson Consultants, LLC is the claims,
noticing and balloting agent.
Greenberg Traurig, LLP serves as counsel for indenture trustee, UMB
Bank, N.A.
Melanie S. McNeil, Esq., at Melanie S. McNeil is the patient care
ombudsman appointed in the Debtors' cases.
REGIONAL HOUSING: No Decline in Patient Care at Gardens of Rome
---------------------------------------------------------------
Melanie McNeil, Esq., the patient care ombudsman, filed with the
U.S. Bankruptcy Court for the Northern District of Georgia her 18th
report regarding the quality of patient care provided at The
Gardens of Rome, which is operated by RHCSC Rome AL Holdings LLC,
an affiliate of Regional Housing & Community Services Corp.
Regional Housing & Community Services is the governing body for six
personal care homes, including The Gardens of Rome in Georgia.
The report was filed after an ombudsman representative for the
Office of the State Long-Term Care Ombudsman visited The Gardens of
Rome facility on September 9, 2024. The ombudsman representative
received no complaints on this visit. The ombudsman representative
observed fourteen residents during an activity. They had cupcakes
and were celebrating a resident's birthday.
The ombudsman representative observed that residents were groomed
and dressed appropriately. Residents reported they are satisfied
with the care they are receiving. The facility appeared to have
adequate food and supplies. The ombudsman representative
Medications were locked in a closet. The ombudsman representative
did not note any decline in resident care since the last visit.
The patient care ombudsman is not aware of any significant change
in facility conditions or decline in resident care for this
personal care home since the last visit.
A copy of the 18th ombudsman report is available for free at
https://urlcurt.com/u?l=5gO6Ri from PacerMonitor.com.
About Regional Housing & Community Services
Regional Housing & Community Services Corp. and its affiliates
filed a voluntary petition for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ga. Lead Case No. 21-41034) on Aug.
26, 2021. At the time of the filing, Regional Housing & Community
Services listed as much as $100,000 in both assets and
liabilities.
Judge Paul W. Bonapfel oversees the cases.
The Debtors tapped Scroggins & Williamson, P.C. as legal counsel;
GGG Partners, LLC as interim management services provider; and SLIB
II, Inc., doing business as Senior Living Investment Brokerage, as
investment banker. Kurtzman Carson Consultants, LLC is the claims,
noticing and balloting agent.
Greenberg Traurig, LLP serves as counsel for indenture trustee, UMB
Bank, N.A.
Melanie S. McNeil, Esq., at Melanie S. McNeil is the patient care
ombudsman appointed in the Debtors' cases.
REGIONAL HOUSING: No Decline in Patient Care at Gardens of Savannah
-------------------------------------------------------------------
Melanie McNeil, Esq., the patient care ombudsman, filed with the
U.S. Bankruptcy Court for the Northern District of Georgia her 18th
report regarding the quality of patient care provided at The
Gardens of Savannah, which is operated by RHCSC Savannah AL
Holdings LLC, an affiliate of Regional Housing & Community Services
Corp.
Regional Housing & Community Services is the governing body for six
personal care homes, including The Gardens of Savannah in Georgia.
The report was filed after an ombudsman representative for the
Office of the State Long-Term Care Ombudsman visited the Gardens of
Savannah on September 18, 2024. Many residents cannot communicate
clearly. Residents appeared clean and content. The facility was
odor free.
The ombudsman representative observed that the Executive Director
was responsive. She was helpful and knowledgeable about the
residents. Sufficient staff were present. The ombudsman
representative received no complaints.
The patient care ombudsman is not aware of any significant change
in facility conditions or decline in resident care for this
personal care home since the last visit.
A copy of the 18th ombudsman report is available for free at
https://urlcurt.com/u?l=d6nGl9 from PacerMonitor.com.
The ombudsman may be reached at:
Melanie S. McNeil, Esq.
2 Peachtree Street NW, 33rd Floor
Atlanta, GA 30303
Telephone: 404-657-5327(O)
404-416-0211 (Cell)
Facsimile: 404-463-8384
Email: Melanie.McNeil@osltco.ga.gov
About Regional Housing & Community Services
Regional Housing & Community Services Corp. and its affiliates
filed a voluntary petition for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ga. Lead Case No. 21-41034) on Aug.
26, 2021. At the time of the filing, Regional Housing & Community
Services listed as much as $100,000 in both assets and
liabilities.
Judge Paul W. Bonapfel oversees the cases.
The Debtors tapped Scroggins & Williamson, P.C. as legal counsel;
GGG Partners, LLC as interim management services provider; and SLIB
II, Inc., doing business as Senior Living Investment Brokerage, as
investment banker. Kurtzman Carson Consultants, LLC is the claims,
noticing and balloting agent.
Greenberg Traurig, LLP serves as counsel for indenture trustee, UMB
Bank, N.A.
Melanie S. McNeil, Esq., at Melanie S. McNeil is the patient care
appointed in the Debtors' cases.
REGIONAL HOUSING: No Decline in Patient Care at Landings of Douglas
-------------------------------------------------------------------
Melanie McNeil, Esq., the patient care ombudsman, filed with the
U.S. Bankruptcy Court for the Northern District of Georgia her 18th
report regarding the quality of patient care provided at The
Landings of Douglas, which is operated by RHCSC Douglas AL
Holdings, LLC, an affiliate of Regional Housing & Community
Services Corp.
Regional Housing & Community Services is the governing body for six
personal care homes, including The Landings of Douglas in Georgia.
The report was filed after an ombudsman representative for the
Office of the State Long-Term Care Ombudsman visited The Landings
of Douglas facility on September 16, 2024.
The ombudsman representative visited 13 residents, the person in
charge, nurse, direct care, activities, maintenance, housekeeping,
and dietary staff. Most residents were satisfied with their care
and feel comfortable addressing concerns with management.
The ombudsman representative noted that the director and staff were
very responsive to the OR. Staff appeared to be adequate. Residents
said that food was good and they get good portions. Supplies
appeared adequate.
The patient care ombudsman reports no decline in resident care
since the last visit.
A copy of the 18th ombudsman report is available for free at
https://urlcurt.com/u?l=sWq0pg from PacerMonitor.com.
About Regional Housing & Community Services
Regional Housing & Community Services Corp. and its affiliates
filed a voluntary petition for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ga. Lead Case No. 21-41034) on Aug.
26, 2021. At the time of the filing, Regional Housing & Community
Services listed as much as $100,000 in both assets and
liabilities.
Judge Paul W. Bonapfel oversees the cases.
The Debtors tapped Scroggins & Williamson, P.C. as legal counsel;
GGG Partners, LLC as interim management services provider; and SLIB
II, Inc., doing business as Senior Living Investment Brokerage, as
investment banker. Kurtzman Carson Consultants, LLC is the claims,
noticing and balloting agent.
Greenberg Traurig, LLP serves as counsel for indenture trustee, UMB
Bank, N.A.
Melanie S. McNeil, Esq., at Melanie S. McNeil is the patient care
ombudsman appointed in the Debtors' cases.
REGIONAL HOUSING: PCO Reports Gainesville Facility Closure
----------------------------------------------------------
Melanie McNeil, Esq., the patient care ombudsman, filed with the
U.S. Bankruptcy Court for the Northern District of Georgia her 18th
report regarding the quality of patient care provided at The
Landings of Gainesville, which is operated by RHCSC Gainesville AL
Holdings LLC, an affiliate of Regional Housing & Community Services
Corp.
Regional Housing & Community Services is the governing body for six
personal care homes, including The Landings of Gainesville in
Georgia.
The ombudsman representative was notified that the facility closed
on February 14, 2024.
A copy of the 18th ombudsman report is available for free at
https://urlcurt.com/u?l=TjUwyj from PacerMonitor.com.
About Regional Housing & Community Services
Regional Housing & Community Services Corp. and its affiliates
filed a voluntary petition for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ga. Lead Case No. 21-41034) on Aug.
26, 2021. At the time of the filing, Regional Housing & Community
Services listed as much as $100,000 in both assets and
liabilities.
Judge Paul W. Bonapfel oversees the cases.
The Debtors tapped Scroggins & Williamson, P.C. as legal counsel;
GGG Partners, LLC as interim management services provider; and SLIB
II, Inc., doing business as Senior Living Investment Brokerage, as
investment banker. Kurtzman Carson Consultants, LLC is the claims,
noticing and balloting agent.
Greenberg Traurig, LLP serves as counsel for indenture trustee, UMB
Bank, N.A.
Melanie S. McNeil, Esq., at Melanie S. McNeil is the patient care
ombudsman appointed in the Debtors' cases.
REGIONAL HOUSING: PCO Reports Social Circle Facility Closure
------------------------------------------------------------
Melanie McNeil, Esq., the patient care ombudsman, filed with the
U.S. Bankruptcy Court for the Northern District of Georgia her 18th
report regarding the quality of patient care provided at The
Gardens of Social Circle, which is operated by RHCSC Social Circle
AL Holdings LLC, an affiliate of Regional Housing & Community
Services Corp.
Regional Housing & Community Services is the governing body for six
personal care homes, including The Gardens of Social Circle.
The ombudsman representative reported Building I, II, and III are
closed. The ombudsman representative received information from
state office that Healthcare Facility Regulation Division of the
Department of Community Health reported these facilities as closed:
Bldg. 1 on January 23, 2024, Bldg. 2 on January 29, 2024, and Bldg
3 on January 24, 2024. The homes remain on Map2Care.
The patient care ombudsman believes this facility to be closed.
A copy of the 18th ombudsman report is available for free at
https://urlcurt.com/u?l=dGr5X5 from PacerMonitor.com.
The ombudsman may be reached at:
Melanie S. McNeil, Esq.
2 Peachtree Street NW, 33rd Floor
Atlanta, GA 30303
Telephone: 404-657-5327(O)
404-416-0211 (Cell)
Facsimile: 404-463-8384
Email: Melanie.McNeil@osltco.ga.gov
About Regional Housing & Community Services
Regional Housing & Community Services Corp. and its affiliates
filed a voluntary petition for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ga. Lead Case No. 21-41034) on Aug.
26, 2021. At the time of the filing, Regional Housing & Community
Services listed as much as $100,000 in both assets and
liabilities.
Judge Paul W. Bonapfel oversees the cases.
The Debtors tapped Scroggins & Williamson, P.C. as legal counsel;
GGG Partners, LLC as interim management services provider; and SLIB
II, Inc., doing business as Senior Living Investment Brokerage, as
investment banker. Kurtzman Carson Consultants, LLC is the claims,
noticing and balloting agent.
Greenberg Traurig, LLP serves as counsel for indenture trustee, UMB
Bank, N.A.
Melanie S. McNeil, Esq., at Melanie S. McNeil is the patient care
ombudsman appointed in the Debtors' cases.
RIVER FALL 529: Case Summary & Six Unsecured Creditors
------------------------------------------------------
Debtor: River Fall 529 LLC
529 Eastern Street
Fall River MA 02723
Business Description: River Fall 529 LLC is a single-purpose
real-estate company that owns the
529 Eastern Avenue property in
Fall River,
Massachusetts.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-10810
Debtor's Counsel: Christopher M. Condon, Esq.
BOWDITCH & DEWEY LLP
75 Federal Street, Suite 1000
Boston MA 02110
Tel: (617) 757-6513
E-mail: ccondon@bowditch.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Sylvan Quallo as manager.
A copy of the Debtor's list of six unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/N4ZJHBA/River_Fall_529_LLC__mabke-25-10810__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NTIG7KA/River_Fall_529_LLC__mabke-25-10810__0001.0.pdf?mcid=tGE4TAMA
ROCKY MOUNTAIN: FMR LLC, Abigail Johnson Disclose Stake
-------------------------------------------------------
FMR LLC and Abigail P. Johnson disclosed in a Schedule 13G
(Amendment No. 16) filed with the U.S. Securities and Exchange
Commission that as of March 31, 2025, they beneficially owned 669
shares of common stock of Rocky Mountain Chocolate Factory Inc.,
representing 0.0% of the class based on the number of outstanding
shares. FMR LLC has sole voting and dispositive power over 669
shares, while Abigail P. Johnson has sole dispositive power over
669 shares.
FMR LLC may be reached through:
Stephanie J. Brown, Duly Authorized under Power of Attorney
245 Summer Street
Boston, Massachusetts 02210
Tel: 617-570-6339
About Rocky Mountain Chocolate Factory
Durango, Colo.-based Rocky Mountain Chocolate Factory, Inc. is an
international franchisor, confectionery producer, and retail
operator. Founded in 1981, the Company produces an extensive line
of premium chocolate candies and other confectionery products.
New York, N.Y.-based CohnReznick LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
June 13, 2024, attached to the Company's Annual Report on Form 10-K
for the year ended February 29, 2024, citing that the Company has
incurred recurring losses and negative cash flows from operations
in recent years and is dependent on debt financing to fund its
operations, all of which raise substantial doubt about the
Company's ability to continue as a going concern.
As of November 30, 2024, Rocky Mountain Chocolate Factory had $21.6
million in total assets, $11.8 million in total liabilities, and
$9.8 million in total shareholders' equity.
RYAN HOHMAN: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: Ryan Hohman, LLC
151 East 5600 South, Ste 112
Salt Lake City, UT 84107
Business Description: Ryan Hohman LLC owns and operates
Sales Recruiting University, a private
staffing and training firm that helps
companies scale commission-based sales teams
in North America. Headquartered in Salt
Lake City since 2018, the Company designs
lead-generation funnels, vets candidates and
can place five to 15 sales representatives
per client each month.
Chapter 11 Petition Date: April 22, 2025
Court: United States Bankruptcy Court
District of Utah
Case No.: 25-22161
Judge: Hon. Kevin R Anderson
Debtor's Counsel: Andres Diaz, Esq.
DIAZ & LARSEN
757 East South Temple, Suite 201
Salt Lake City, UT 84102
Tel: (801) 596-1661
Fax: (801) 359-6803
Email: courtmail@adexpresslaw.com
Total Assets as of March 31, 2025: $193,066
Total Liabilities as of March 31, 2025: $1,059,433
Ryan Hohman signed the petition in his role as managing member.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2BJYXAY/Ryan_Hohman_LLC__utbke-25-22161__0001.0.pdf?mcid=tGE4TAMA
SANUWAVE HEALTH: COO Peter Stegagno Reports Stake as of April 7
---------------------------------------------------------------
Peter Stegagno, Chief Operating Officer of SANUWAVE Health, Inc.,
disclosed in a Form 3 filed with the U.S. Securities and Exchange
Commission that as of April 7, 2025, he beneficially owned six
shares of Common Stock directly, as well as stock options to
purchase 529 shares of Common Stock at an exercise price of $22.50
and 804 shares at an exercise price of $41.25, all of which were
fully vested at the grant date.
A full-text copy of Mr. Stegagno's SEC Report is available at:
https://tinyurl.com/2hf4hj2n
About SANUWAVE
Headquartered in Suwanee, Georgia, SANUWAVE Health, Inc.
(OTCQB:SNWV) -- http://www.SANUWAVE.com-- is an ultrasound and
shock wave technology company using patented systems of
noninvasive, high-energy, acoustic shock waves or low intensity and
non-contact ultrasound for regenerative medicine and other
applications. The Company's focus is regenerative medicine
utilizing noninvasive, acoustic shock waves or ultrasound to
produce a biological response resulting in the body healing itself
through the repair and regeneration of tissue, musculoskeletal, and
vascular structures. The Company's two primary systems are
UltraMIST and PACE. UltraMIST and PACE are the only two Food and
Drug Administration (FDA) approved directed energy systems for
wound healing.
New York, NY-based Marcum LLP, the Company's auditor since 2018,
issued a "going concern" qualification in its report dated March
20, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has
incurred recurring losses, has negative working capital, and needs
to refinance its debt to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
SASAS HOSPITALITY: Court Extends Cash Collateral Access to May 15
-----------------------------------------------------------------
SASAS Hospitality, LLC received interim approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to use cash
collateral until May 15, marking the fourth extension since the
company's Chapter 11 filing.
The fourth interim order authorized the company to use the cash
collateral of its senior secured creditor, Albany Bank & Trust
Company, N.A., to pay the expenses set forth in its budget, with a
10% variance allowed.
The budget shows total projected expenses of $10,300 for April 25
to 30; $10,850 for May 1 to 8; and $10,850 for May 9 to 16.
As protection, Albany was granted a replacement lien on assets of
the company in which it held a security interest and lien as of the
petition date.
The next hearing is scheduled for May 14. Objections are due by May
12.
About SASAS Hospitality LLC
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, listing between $1 million and $10
million in both assets and liabilities.
Judge Jacqueline P. Cox handles the case.
Paul M. Bach, Esq., at Bach Law Offices is the Debtor's bankruptcy
counsel.
Albany Bank & Trust Company, as secured creditor, is represented
by:
David A. Golin, Esq.
Saul Ewing, LLP
161 North Clark Street, Suite 4200
Chicago, IL 60601
Phone: (312) 876-7100
david.golin@saul.com
SCILEX HOLDING: Narrows Loss to $72.81M as Revenue Climbs to $56.6M
-------------------------------------------------------------------
Scilex Holding Company posted a narrower net loss of $72.81 million
in 2024, compared to $114.33 million in 2023, as net revenue grew
to $56.59 million from $46.74 million, according to the Company's
latest Form 10-K filed with the Securities and Exchange Commission.
While revenue improved, Scilex warned it expects continued
operating losses amid commercialization efforts for its marketed
drugs and clinical development of its pain management candidates.
Since its inception, the Company has recorded substantial net
losses. As of Dec. 31, 2024, and 2023, it reported accumulated
deficits of approximately $563.1 million and $490.2 million,
respectively.
As of Dec. 31, 2024, the Company had $92.95 million in total
assets, $285.59 million in total liabilities, and a total
stockholders' deficit of $192.64 million. As of Dec. 31, 2024, it
had cash and cash equivalents of approximately $3.3 million.
In its report dated March 31, 2025, the Company's auditor, BMP LLP,
issued a "going concern" qualification, citing that the Company has
suffered recurring losses from operations and has a net capital
deficiency that raise substantial doubt about its ability to
continue as a going concern.
The Company warned that its current cash equivalents may not be
sufficient to cover operating costs, capital expenditures, and debt
obligations over the next 12 months. To address potential
liquidity shortfalls, it may pursue additional funding through
equity, debt, partnerships, or strategic deals.
"Our ability to make payments on and to refinance our indebtedness
and to fund our other obligations, planned capital expenditures and
other strategic investments will depend on our ability to generate
cash in the future," the Company stated. "This, to a certain
extent, is subject to general economic, financial, competitive,
legislative, regulatory and other factors that are beyond our
control. We may not generate sufficient cash flow from operations,
and we cannot assure you that future borrowings will be available
to us in an amount sufficient to enable us to pay our indebtedness
or to fund our other liquidity needs."
Scilex also noted that if it is unable to generate sufficient
operational cash flow to meet its debt and other obligations, it
may need to explore alternative financing options. These could
include restructuring or refinancing debt, selling assets, delaying
investments, or raising new capital. The company's ability to
execute such plans will depend on market conditions and its
financial health at the time.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/1820190/000095017025047800/sclx-20241231.htm
About Scilex Holding Company
Palo Alto, Calif.-based Scilex Holding Company --
www.scilexholding.com -- is an innovative revenue-generating
company focused on acquiring, developing and commercializing
non-opioid pain management products for the treatment of acute and
chronic pain and, following the formation of its proposed joint
venture with IPMC Company, neurodegenerative and cardiometabolic
disease. Scilex targets indications with high unmet needs and
large market opportunities with non-opioid therapies for the
treatment of patients with acute and chronic pain and is dedicated
to advancing and improving patient outcomes. Scilex's commercial
products include: (i) ZTlido (lidocaine topical system) 1.8%, a
prescription lidocaine topical product approved by the U.S. Food
and Drug Administration for the relief of neuropathic pain
associated with postherpetic neuralgia, which is a form of
post-shingles nerve pain; (ii) ELYXYB, a potential first-line
treatment and the only FDA-approved, ready-to-use oral solution for
the acute treatment of migraine, with or without aura, in adults;
and (iii) Gloperba, the first and only liquid oral version of the
anti-gout medicine colchicine indicated for the prophylaxis of
painful gout flares in adults.
SEBA ABODE: Section 341(a) Meeting of Creditors on April 28
-----------------------------------------------------------
On April 18, 2025, Seba Abode Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Western District of
Pennsylvania. According to court filing, the
Debtor reports between $100,000 and $500,000 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
A meeting of creditors under Section 341(a) to be held on April 28,
2025 at 02:00 PM by phone. Call 1-877-612-9054 and use access code
4831906.
About Seba Abode Inc.
Seba Abode Inc. operating as BrightStar Care, a home health care
services provider in Pittsburgh, Pennsylvania.
Seba Abode Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-21000) on April 18,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $100,000 and $500,000.
The Debtor is represented by David L. Fuchs, Esq. at Fuchs Law
Office, LLC.
SEQUENCING HEALTH: Secured Creditor Sets Foreclosure Sale
---------------------------------------------------------
A foreclosure sale of substantially all of the assets of Sequencing
Health Inc. was set to take place on April 23, 2025, at 10:00 a.m.
Pacific Time via Microsoft Teams video conference conducted by DLA
Piper LLP US, counsel to the Debtor's secured creditor Oxford
Finance LLC.
The sale may be cancelled or continued from time to time at the
direction of Oxford Finance.
The Debtor was a business in the genetic sequencing space and
engaged in the development of genomic sequencing products. The
assets to be sold include intellectual property and commercial tort
claims, and may also include inventory, accounts, chattel paper,
claims and causes of action, documents, furniture, fixtures &
equipment, general intangible and goods.
More information about the sale can be obtained by contacting
Oxford Finance via email at legaldepartment@oxfordfinance.com.
SHOREVIEW APARTMENTS: Voluntary Chapter 11 Case Summary
-------------------------------------------------------
Debtor: Shoreview Apartments LLC
9050 N. Capital of Texas Hwy.
Bldg. 3 Suite 320
Austin TX 78759
Chapter 11 Petition Date: April 24, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-10567
Debtor's Counsel: Stephen J. Humeniuk, Esq.
TROUTMAN PEPPER LOCKE LLP
300 Colorado Street, Suite 2100
Austin TX 78701
Tel: 512-305-4838
E-mail: stephen.humeniuk@troutman.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Monte Lee-Wen as manager.
The Debtor submitted a list of its 20 largest unsecured creditors;
however, the list was left blank, accompanied by a note stating
"N/A."
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DGEYHNQ/Shoreview_Apartments_LLC__txwbke-25-10567__0001.0.pdf?mcid=tGE4TAMA
SOBR SAFE: Thomas Corley Holds 13.2% Equity Stake as of April 7
---------------------------------------------------------------
Thomas Corley, disclosed in a Schedule 13G (Amendment No. 1) filed
with the U.S. Securities and Exchange Commission that as of April
7, 2025, he beneficially owned 200,000 shares of SOBR Safe, Inc.'s
Common Stock, representing 13.2% of the 1,516,145 outstanding
shares post-reverse stock split.
Thomas Corley may be reached at:
132 Washington Place
State College, PA 16801.
A full-text copy of Mr. Corley's SEC Report is available
at:
https://tinyurl.com/3pdevbue
About SOBR Safe, Inc.
SOBR Safe, Inc. provides non-invasive technology to quickly and
humanely identify the presence of alcohol in individuals. These
technologies are integrated within the Company's robust and
scalable data platform, which produces statistical and measurable
user and business data. The Company's mission is to save lives,
increase productivity, create significant economic benefits, and
positively impact behavior. To this end, SOBR Safe has developed
the scalable, patent-pending SOBRsafe software platform for
non-invasive alcohol detection and identity verification.
Littleton, Colorado-based Haynie and Company, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 29, 2024, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has incurred recurring losses from operations and has limited cash
liquidity and capital resources to meet future capital
requirements.
SOUTHWEST FT WORTH: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: Southwest Ft Worth Memory Care, LLC
1900 Enchanted Way, Suite 200
Grapevine, TX 76051
Business Description: Southwest Ft Worth Memory Care dba Autumn
Leaves of Cityview is a U.S. senior-living
operator that specializes exclusively in
assisted-living and stand-alone communities
for residents with Alzheimer's disease and
other forms of dementia. Headquartered in
Grapevine, Texas, the Company designs, owns
or manages purpose-built "Autumn Leaves"
communities in Texas and Illinois, offering
24-hour nursing, dementia-trained staff,
"Inspired Connections" life-engagement
programs and on-site dining, salon and rehab
services.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-41419
Judge: Hon. Mark X Mullin
Debtor's Counsel: Joyce W. Lindauer, Esq.
JOYCE W. LINDAUER ATTORNEY, PLLC
1412 Main St. Suite 500
Dallas, TX 75202
Tel: (972) 503-4033
E-mail: joyce@joycelindauer.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Tracy Bazzell as agent.
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/EIYQPJA/Southwest_Ft_Worth_Memory_Care__txnbke-25-41419__0001.0.pdf?mcid=tGE4TAMA
STEWARD HEALTH: Susan Goodman Submits Final PCO Report
------------------------------------------------------
Susan Goodman, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Southern District of Texas her fourth and
final report regarding the quality of patient care provided by
Steward Health Care System, LLC and affiliates.
The PCO filed five initial reports, separated by geographical
location, on July 22, 2024. Thereafter, the PCO filed a
supplemental report regarding the St. Luke's Behavioral Health
Hospital location alerting the court to a catastrophic heating,
ventilation, and air conditioning (HVAC) system failure.
Thereafter, the PCO filed a third supplemental report related to
the SLBH location to highlight the importance of continued record
access for a largely involuntary acute, inpatient behavioral health
patient population inclusive of adults, adolescents, and children.
After filing the SLBH third supplemental report, it appeared that
the location would likely remain shuttered.
Accordingly, the PCO filed a third consolidated report across
locations, believing that report, when filed, to be the final
report in the case since all locations other than SLBH had
completed sale transitions.
The PCO engaged with the interim management company and filed a
fourth supplemental report updating the court on this operational
change after inpatient services resumed at SLBH. She remained
engaged with CMC PHX's leadership both remotely and through onsite
visits, to monitor College Health's efforts associated with license
reinstatement as an initial required step to ultimately apply for a
change of ownership from Steward's license to one in College
Health's name.
On March 20, the PCO received the long-awaited news from CMC PHX's
leadership that SLBH had successfully completed its licensure
change, receiving its new license on this date. While the journey
for this dedicated clinical team is, in some ways, is just
beginning, the PCO celebrates them, and, with a full heart,
reported that her duties are now complete at the CMC PHX location
and in her appointed case role.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=y3QUdV from Kroll, claims agent.
The ombudsman may be reached at:
Susan N. Goodman
PIVOT HEALTH LAW, LLC
P.O. Box 69734 |Oro Valley, AZ 85737
Ph: 520.744.7061 (message)
Email: sgoodman@pivothealthaz.com
About Steward Health Care
Steward Health Care System, LLC owns and operates the largest
private physician-owned for-profit healthcare network in the U.S.
Headquartered in Dallas, Texas, Steward's operations include 31
hospitals in eight states, approximately 400 facility locations,
4,500 primary and specialty care physicians, 3,600 staffed beds,
and nearly 30,000 employees. Steward Health Care provides care to
more than two million patients annually.
Steward and 166 affiliated debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90213) on May 6, 2024. Judge
Christopher M. Lopez oversees the cases.
The Debtors tapped Weil, Gotshal & Manges, LLP as bankruptcy
counsel; McDermott Will & Emery as special corporate and regulatory
counsel; AlixPartners, LLP as financial advisor and John Castellano
of AlixPartners as chief restructuring officer. Lazard Freres & Co.
LLC, Leerink Partners LLC, and Cain Brothers, a division of KeyBanc
Capital Markets Inc., provide investment banking services to the
Debtors. Kroll is the claims agent.
Susan N. Goodman is the patient care ombudsman appointed in the
Debtors' cases.
SUNATION ENERGY: Raises $20 Million in Two-Tranche Offering
-----------------------------------------------------------
SUNation Energy, Inc. announced the second and final closing of its
previously announced securities purchase agreement with certain
institutional investors for the purchase and sale of 4,347,826
shares of the Company's common stock (or common stock equivalents
in lieu thereof), Series A warrants to purchase up to an aggregate
17,391,306 shares of the Company's common stock and Series B
warrants to purchase up to an aggregate 17,391,306 shares of the
Company's common stock at an effective purchase price of $1.15 per
share (or common stock equivalents in lieu thereof) and associated
warrants in a registered direct offering priced at-the-market under
Nasdaq rules, for gross proceeds of $5 million.
Together with the approximately $15 million in gross proceeds from
the previously announced first tranche closing completed on
February 27, 2025, the Company raised approximately $20 million in
aggregate gross proceeds from the offering before deducting
placement agent fees and other offering expenses payable by the
Company.
"The completion of this offering marks an important milestone for
SUNation and its shareholders," said Scott Maskin, Chief Executive
Officer. "We applied a portion of the proceeds from the first
tranche of the offering to repay in full $9.4 million in senior and
junior secured loans, which materially improved our balance sheet,
stabilized our operations, and enhanced our cash flow. The closing
of this second tranche provides us with greater financial
flexibility to continue to pay down contractual obligations, invest
in the future of SUNation and pursue our long-term growth
objectives, including strategic acquisitions of regionally strong
solar companies across the United States. We continue to meet
head-on the challenges that face our industry and remain confident
in the opportunities that lie ahead."
The Company intends to use the net proceeds from the offering to
fund its operations, including for working capital, potential
strategic transactions, payment of certain debt obligations, and
for other general corporate purposes.
Roth Capital Partners acted as the exclusive placement agent for
the registered direct offering.
The securities in the offering are being offered by the Company
pursuant to a "shelf" registration statement on Form S-3 (File No.
333-267066) previously filed with the Securities and Exchange
Commission and declared effective by the SEC on September 2, 2022
and an additional registration statement on Form S-3MEF filed
pursuant to Rule 462(b) with the SEC, which became automatically
effective on April 7, 2025. The offering is being made only by
means of a prospectus, including a prospectus supplement, forming a
part of the effective registration statement, relating to the
offering that will be filed with the SEC. Electronic copies of the
final prospectus supplement and accompanying prospectus may be
obtained, when available, on the SEC's website at
http://www.sec.govor by contacting Roth Capital Partners at 888
San Clemente Drive, Newport Beach CA 92660, by email at
rothecm@roth.com.
About SUNation Energy
SUNation Energy Inc., formerly known as Pineapple Energy Inc., is
focused on growing leading local and regional solar, storage, and
energy services companies nationwide.
Melville, N.Y.-based UHY LLP, the Company's auditor since 2023,
issued a "going concern" qualification in its report dated Apr. 15,
2025, attached to the Company's Annual Report on Form 10-K for the
year ended Dec. 31, 2024, citing that the Company's current
financial position and forecasted future cash flows for 12 months
beyond the date of issuance of the financial statements indicate
substantial doubt around the Company's ability to continue as a
going concern.
TERRA LAKE: Case Summary & Three Unsecured Creditors
----------------------------------------------------
Debtor: Terra Lake Heights, LLC
1779 N. University Drive, Suite 203
Hollywood, FL 33024
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-14464
Judge: Hon. Scott M. Grossman
Debtor's Counsel: Chad Van Horn, Esq.
VAN HORN LAW GROUP, P.A.
500 NE 4th Street, Suite 200
Fort Lauderdale, FL 33301
Tel: (954) 765-3166
E-mail: chad@cvhlawgroup.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $10 million to $50 million
The petition was signed by Vinod Kulhari as manager.
A full-text copy of the petition, which includes a list of the
Debtor's three unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FVMXC7Q/Terra_Lake_Heights_LLC__flsbke-25-14464__0001.0.pdf?mcid=tGE4TAMA
TI FLUID: S&P Withdraws 'BB' Issuer Credit Rating
-------------------------------------------------
S&P Global Ratings withdrew its ratings on TI Fluid Systems PLC,
including the 'BB' issuer credit rating, 'BBB-' senior secured debt
rating on the $225 million revolver due in 2026, $300 million term
loan B due in 2026, and EUR265 million term loan B due in 2026, and
'BB' unsecured debt rating on the EUR600 million notes due in 2029,
following its acquisition by Apollo majority owned ABC Technologies
Inc. and repayment of outstanding debt.
At the time of withdrawal, the ratings were on CreditWatch with
negative implications due to the acquisition by a financial
sponsor-owned company.
TITAN ENVIRONMENTAL: COO Dominic Campo Reports Stake
----------------------------------------------------
Dominic Campo, Chief Operating Officer and 10% Owner of Titan
Environmental Solutions Inc., disclosed in a Form 3 filed with the
U.S. Securities and Exchange Commission that as of April 7, 2025,
he beneficially owned 27,600,000 shares of Common Stock underlying
276,000 shares of Series A Preferred Stock directly, and an
additional 27,600,000 shares of Common Stock underlying 276,000
shares of Series A Preferred Stock indirectly through his spouse,
Sharon Campo. Each share of Series A Preferred Stock is convertible
at any time into 100 shares of Common Stock without additional
consideration, and has no expiration date.
A full-text copy of Mr. Campo's SEC Report is available at:
https://tinyurl.com/3av86uab
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, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
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. This raises substantial doubt about the Company's
ability to continue as a going concern.
As of June 30, 2024, Titan Environmental Solutions had $41,603,902
in total assets, $24,707,879 in total liabilities, $6,899,967 in
mezzanine equity, and $9,996,056 in total stockholders' equity.
TOLL ROAD INVESTORS: S&P Lowers ICR to 'B+', Outlook Negative
-------------------------------------------------------------
S&P Global Ratings lowered its rating on Toll Road Investors
Partnership II L.P.'s (TRIP II) debt to 'B+' from 'BB-'.
The downgrade reflects ongoing uncertainty regarding the timing and
magnitude of toll increases, while traffic levels remain below
pre-pandemic levels. Although liquidity is available, S&P
anticipates the depletion of the balances will accelerate if
management cannot navigate constructive regulatory outcomes.
Management has also initiated federal and state litigation in an
effort to effectuate toll rates increases.
The negative outlook reflects the possibility of further
downgrades, as events unfold, due to increasing pressure on the
forecasted liquidity balances if S&P revises its toll forecast
downward or defer the timing of toll increases.
Toll Road Investors Partnership II L.P. (TRIP II) owns and operates
a 14-mile limited-access toll road (Dulles Greenway [DG]) under a
certificate of authority issued by the Virginia State Corp.
Commission (SCC) and a Comprehensive Agreement (CA) with the
Virginia Department of Transportation (VDOT). DG connects
Washington Dulles International Airport (at the end of the Dulles
Toll Road [DTR]) with Leesburg, Va. The road opened for operations
in September 1995 and is 100% volume exposed. The certificate of
authority expires February 2056, but to the extent the 2005 bonds
are not fully retired by 2056, the franchise continues until full
repayment. As of 2020, the project's tolling regime (governed under
the Virginia Highway Corporation Act (VHCA)) changed from a
formulaic framework to a rate-setting process where the Virginia
State Corporation Commission (SCC) determines if toll levels are in
public interest subject to certain criteria. The process was
further tightened following some amendments to the legislation in
2021. Atlas Arteria has 100% economic interest in TRIP II.
The downgrade reflects ongoing uncertainty regarding the timing and
magnitude of toll increases, alongside modest traffic levels and
increasing liquidity pressures. The project's toll increases have
been regulated through rate case proceedings by the Virginia SCC.
The project has filed two rate cases since 2019. The first was
filed in December 2019 seeking toll increases of 5%-6% per year for
five years. It was partially approved in April 2021--allowing for
(only) off-peak toll increases of 5.3% in 2021 and 5.0% in 2022.
The next was filed in July 2023, requesting an average toll
increase of about 27.3% in 2024--it was denied in September 2024 in
its entirety, with the SCC stating the proposed toll increases
failed to meet the statutory criteria.
The project has since initiated state and federal litigations
asking for several remedies including having the SCC's decision
overturned, declaring the VHCA amendments unconstitutional, an
injunction against enforcement, damages for constitutional
violations, and compensation for alleged property takings. The
project expects a hearing on the state litigation (appealing
against SCC's decision) in June with an outcome by fall of this
year. Whereas the federal litigation is ongoing with no set
timeline at this moment.
In S&P's experience, litigations are often protracted, and the
outcome is highly uncertain. Notably, the longer the project goes
without a material toll increase, the more the reliance on
liquidity increases for its debt service obligations (including the
mandatory early redemption (MER) payments on the 2005B bonds),
impairing its credit quality.
S&P has made the following revisions to its S&P base case (without
any input from the management, except as noted for lifecycle
spending):
-- The next toll increase of 27.3% now occurs one year later--in
July 2026 versus July 2025, previously--and then remains in line
with CPI of about 2% thereafter.
-- Traffic still recovers to 80% of 2019 levels by 2027--however,
taking a different path--and then grows at the same rate(s) as
assumed under the previous base case—see assumptions below. The
forecast through 2027 has been updated to reflect the recent
performance and the revised timing of price elasticity response to
the toll increase (which now plays out in 2025 versus 2025
previously).
-- Lifecycle spending for 2025-2026 assumed at relatively lower
levels, as indicated by management (which has led to immaterial
improvement in the debt service coverage ratio (DSCR) for the
respective years).
S&P said, "Under our revised base case assumptions, the project is
now projected to dip into liquidity reserves through 2028, compared
to 2026 previously, to the tune of approximately $31 million
instead of $21 million. The project had also illustrated alternate
toll increases of 11.4% in the 2023 filing, which the SCC did not
rule on. If the tolls increase at 11.4% instead of 27.3% in 2026,
the situation under our base case significantly worsens, with the
project drawing approximately $126 million from liquidity reserves
through 2035.
"Accordingly, we believe the overall credit quality of the project
is aligned with a 'B+' rating rather than 'BB-'.
"Our negative outlook reflects the persistent delays and
uncertainty surrounding toll rate increases, and the difficulty
management has had navigating the post-2020 regulatory framework.
In the absence of constructive regulatory relationships and toll
increases consistent with our forecast, there will be a growing
dependence on liquidity to meet the ascending debt service
obligations.
"We could lower the rating if future toll rate increases are not
consistent with our base case forecast and would result in a
quicker or greater depletion of the project's liquidity to cover
debt service than we anticipate.
"We could revise our outlook to stable if the project is able to
achieve a toll rate increase closer to the levels requested
previously or if traffic performance improves such that our base
case DSCR metrics return to above 1.0x in the near term."
TRANSMEDCARE LLC: Court Extends Cash Collateral Access to June 5
----------------------------------------------------------------
TransMedCare, LLC received second interim approval from the U.S.
Bankruptcy Court for the Middle District of Florida to use cash
collateral until June 5.
The court order signed by Judge Tiffany Geyer authorized the
company to use its secured creditors' cash collateral for payroll,
Subchapter V trustee payments and other operating expenses per an
approved budget, with 10% variance per line item.
The secured creditors include U.S. Small Business Administration
and holders of inferior position security interests in
TransMedCare's cash, accounts and cash equivalents.
As protection for the use of their cash collateral, secured
creditors were granted a post-petition lien on cash collateral,
with the same priority as their pre-bankruptcy liens.
In addition, TransMedCare was ordered to keep its property insured
as further protection.
The next hearing is scheduled for June 5.
About TransMedCare LLC
TransMedCare, LLC specializes in long-distance non-emergency
medical transportation services. It offers state-to-state and
coast-to-coast transport, primarily for distances over 300 miles.
Their services cater to individuals with medical needs, including
the elderly, disabled, and post-surgical patients, ensuring safe
and comfortable transfers between hospitals, nursing homes,
assisted living facilities, hospice care facilities, or home to be
with family.
TransMedCare sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-01162) on February 28, 2025. In
its petition, the Debtor reported between $500,000 and $1 million
in assets and between $1 million and $10 million in liabilities.
Judge Tiffany P. Geyer handles the case.
The Debtor is represented by:
Justin M. Luna, Esq.
Latham, Luna, Eden & Beaudine, LLP
201 S. Orange Avenue, Suite 1400
Orlando, FL 32801
Tel: (407) 481-5800
Fax: (407) 481-5801
Email: jluna@lathamluna.com
TRINITY ENTERPRISES: Section 341(a) Meeting of Creditors on May 21
------------------------------------------------------------------
On April 21, 2025, Trinity Enterprises Corporation filed Chapter
11 protection in the U.S. Bankruptcy Court for the Southern
District of Florida. According to court filing, the
Debtor reports $1,078,470 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
A meeting of creditors under Section 341(a) to be held on May 21,
2025 at 11:00 AM by TELEPHONE.
About Trinity Enterprises Corporation
Trinity Enterprises Corporation is a family-owned painting and wall
covering company based in Davie, Florida. It offers interior and
exterior painting, wallpaper installation, and specialized metallic
painting services, primarily serving commercial clients in the
Miami area.
Trinity Enterprises Corporation sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.:
25-14339) on April 21, 2025. In its petition, the Debtor reports
total assets of $318,252 and total liabilities of $1,078,470.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
The Debtor is represented by Thomas L. Abrams, Esq. at THOMAS L
ABRAMS PA.
VOLITIONRX LTD: Lagoda Investment Holds 10.56% Equity Stake
-----------------------------------------------------------
Lagoda Investment Management, L.P. disclosed in a Schedule 13G
(Amendment No. 2) filed with the U.S. Securities and Exchange
Commission that as of March 31, 2025, it beneficially owns
10,194,000 shares of Common Stock, $0.001 par value per share of
VolitionRX Ltd, representing 10.56% of the 96,543,744 shares
outstanding as of March 20, 2025, based on information disclosed in
the Company's Annual Report on Form 10-K for the fiscal year ended
December 31, 2024.
Lagoda Investment Management, L.P. may be reached through:
Jason A. Ozone
Chief Financial Officer & Chief Compliance Officer
3 Columbus Circle, FLOOR 15
New York, NY 10019
Tel: 212-309-7664
About Volition
Henderson, Nev.-based VolitionRx Limited is a multi-national
epigenetics company. It has patented technologies that use
chromosomal structures, such as nucleosomes, and transcription
factors as biomarkers in cancer and other diseases.
Draper, Utah.-based Sadler, Gibb & Associates, LLC, the Company's
auditor since 2011, issued a "going concern" qualification in its
report dated March 31, 2025, attached in the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has suffered recurring losses from operations,
negative cash flows from operations and minimal revenues which
raises substantial doubt about its ability to continue as a going
concern.
As of June 30, 2024, VolitionRx had $13.1 million in total assets,
$36 million in total liabilities, and $22.9 million in total
stockholders' deficit.
WASPY'S - TEMPLETON: Case Summary & 14 Unsecured Creditors
----------------------------------------------------------
Debtor: Waspy's - Templeton, LLC
703 South Rye Ave.
Templeton, IA 51463
Business Description: Waspy's-Templeton LLC operates a
family-owned truck stop and convenience
complex in Templeton, Iowa, offering fuel,
parking, food service and a car-wash to
highway motorists.
Chapter 11 Petition Date: April 23, 2025
Court: United States Bankruptcy Court
Southern District of Iowa
Case No.: 25-00679
Debtor's Counsel: Jeffrey D. Goetz, Esq.
DICKINSON, BRADSHAW, FOWLER & HAGEN, PC
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
Tel: 515-246-5817
Fax: 515-246-5808
E-mail: jgoetz@dickinsonbradshaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $0 to $50,000
The petition was signed by Jacob Best as authorized representative
of the Debtor.
A full-text copy of the petition, which includes a list of the
Debtor's 14 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/H3TW2LI/Waspys_-_Templeton_LLC__iasbke-25-00679__0001.0.pdf?mcid=tGE4TAMA
WW INTERNATIONAL: Prepares Chapter 11 Filing
--------------------------------------------
Reshmi Basu of Bloomberg Law reports thatWW International Inc. is
planning to file for bankruptcy within weeks after securing a debt
restructuring deal with the majority of its lenders, according to
people familiar with the matter.
The company, previously known as WeightWatchers, has faced mounting
pressure from a $1.5 billion debt load, declining sales, and the
growing popularity of weight-loss drugs like Ozempic. Sources, who
requested anonymity due to the confidential nature of the talks,
said WW aims to file a pre-packaged Chapter 11 case designed to
streamline its path out of bankruptcy, the report states.
About WW International
Headquartered in New York, WW International Inc. is a technology
company at the forefront of weight health, grounded in nutritional
and behavior change science. The Company is powered by its weight
loss and weight management programs, its award-winning app and its
commitment to tailoring solutions for its members to improve their
weight health, including providing medical weight management
treatment via access to clinician-prescribed weight management
medications and related support through the WeightWatchers Clinic
affiliated practices.
WW International reported a net loss of $112.25 million in 2023
following a net loss of $256.87 million in 2022. As of March 30,
2024, WW International had $654.25 million in total assets, $1.76
billion in total liabilities, and a total deficit of $1.11
million.
* * *
As reported by the TCR on Nov. 20, 2024, S&P Global Ratings lowered
the issuer credit rating on WW International Inc. to 'CCC' from
'CCC+'. The outlook is negative.
At the same time, S&P lowered the ratings on the company's senior
secured debt to 'CCC' from 'B-'. S&P also revised downward its
recovery rating on the debt to '4' from '2', indicating its
expectation for average recovery (30%-50%; rounded estimate 30%) in
the event of a payment default. This reflects the secular decline
in the traditional weight loss category as evidenced by continued
subscriber losses due to increased competition, as well as an
aging
demographic with weaker demand from younger consumers and an
overall weaker brand name.
The negative outlook reflects the potential for a debt
restructuring, including potentially a bankruptcy filing, over the
subsequent 12 months.
[] BOOK REVIEW: A History of the New York Stock Market
------------------------------------------------------
Author: Robert Sobel
Publisher: Beard Books
Soft cover: 395 pages
List Price: $34.95
https://ecommerce.beardbooks.com/beardbooks/the_big_board.html
First published in 1965, The Big Board was the first history of the
New York stock market. It's a story of people: their foibles and
strengths, earnestness and avarice, triumphs and crash-and-burns.
It's full of entertaining anecdotes, cocktail-party trivia, and
tales of love and hate between companies and investors.
Early investments in North America consisted almost exclusively of
land. The few securities holders lived in cities, where informal
markets grew, with most trading carried out in the street and in
coffeehouses. Banking, insurance, and manufacturing activity
increased only after the Revolution. In 1792, 24 prominent New
York businessmen, for whom stock- and bond-trading was only a side
business, met under a buttonwood tree on Wall Street and agreed to
trade securities on a common commission basis. Five securities
were traded: three government bonds and two bank stocks. Trading
was carried out at the Tontine Coffee-House in a call market, with
the president reading out a list of stocks as brokers traded each
in turn.
The first half of the 19th century was heady for security trading
in New York. In 1817, the Tontine gave way to the New York Stock
and Exchange Board, with a more organized and regulated system.
Canal mania, which peaked in the late 1820s, attracted European
funds to New York and volume soared to 100 shares a day. Soon, the
railroads competed with canals for funding. In the frenzy, reckless
investors bought shares in "sheer fabrications of imaginative and
dishonest men," leading an economist of the day to lament that
"every monied corporation is prima facia injurious to the national
wealth, and ought to be looked upon by those who have no money with
jealousy and suspicion."
Colorful figures of Wall Street included Jay Gould and Jim Fisk,
who in 1869 precipitated one of the worst panics in American
financial history by trying to corner the gold market. Almost
lynched, the two were hauled into court, where Fisk whined, "A
fellow can't have a little innocent fun without everybody raising a
halloo and going wild." Then there was Jay Cooke, who invented the
national bond drive and, practically unaided, financed the Union
effort in the Civil War. In 1873, however, faulty judgement on
railroad investments led to the failure of Cooke & Co. and a panic
on Wall Street. The NYSE closed for ten days. A journalist wrote:
"An hour before its doors were closed, the Bank of England was not
more trusted."
Despite J. P. Morgan's virtual single-handed role in stemming the
Knickerbocker Trust panic of 1907, on his death in 1913, someone
wrote "We verily believe that J. Pierpont Morgan has done more harm
in the world than any man who ever lived in it." In the 1950s,
Charles Merrill was instrumental in changing this attitude toward
Wall Streeters. His firm, Merrill Lynch, derisively known in some
quarters as "We, the People" and "The Thundering Herd," brought
Wall Street to small investors, traditionally not worth the effort
for brokers.
The Big Board closes with this story. Asked by a much younger man
what he thought stocks would do next, J.P. Morgan "never hesitated
for a moment. He transfixed the neophyte with his sharp glance and
replied 'They will fluctuate, young man, they will fluctuate.' And
so they will."
Robert Sobel died in 1999 at the age of 68. A professor at Hofstra
University for 43 years, he was a prolific historian of American
business, writing or editing more than 50 books.
This book may be ordered by calling 888-563-4573 or by visiting
www.beardbooks.com or through your favorite Internet or local
bookseller.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers. Information contained
herein is obtained from sources believed to be reliable, but is
not guaranteed.
The single-user TCR subscription rate is $1,400 for six months
or $2,350 for twelve months, delivered via e-mail. Additional
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*** End of Transmission ***