/raid1/www/Hosts/bankrupt/TCR_Public/250428.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Monday, April 28, 2025, Vol. 29, No. 117
Headlines
384 SOUTH: Seeks to Sell Brooklyn Property at Auction
A/C DUCTOLOGIST: Files Emergency Bid to Use Cash Collateral
ADVANTAGE ACADEMY: Moody's Downgrades Revenue Bond Rating to Ba1
ADVENTURES IN LEARNING: Sam Della Fera Named Subchapter V Trustee
AIO US: Plan Exclusivity Period Extended to June 9
ALEXA HOLDINGS: Gets Interim OK to Use Cash Collateral
ALK ASPHALT: Seeks Cash Collateral Access Until June 30
AMERICUS FRESH: May 13, 2025 Auction for LLC Interests
ANGIE'S TRANSPORTATION: Seeks to Sell 3 Tractors for $90K
ANGIE'S TRANSPORTATION: To Sell Tractor to Delta Logistics for $30K
APPLICO LLC: Seeks Chapter 11 Bankruptcy in Alabama
ARACENA AUTO: Scott Rever Named Subchapter V Trustee
ARCH PRODUCTION: Hires Mitchell J. Canter, Esq. as Counsel
AVENTURA ECO-OFFICES: Seeks Chapter 11 Bankruptcy in Florida
AVON PLACE: Seeks to Hire Backenroth Frankel as Bankruptcy Counsel
BEAUX EQUITIES: Hires Avrum J. Rosen PLLC as Legal Counsel
BEAUX EQUITIES: Hires Mr. Goldwasser of FIA Capital as CRO
BED BATH: Administrator Sues U.S. Customs, States to Recover Fund
BERTUCCI'S RESTAURANTS: Seeks Chapter 11 Bankruptcy for 3nd Time
BETTER CHOICE: Halo Sells Asia Business to CZC for $8.1 Million
BEYOND COSTUMES: Hires Daniel S. Alter as Bankruptcy Attorney
BISHOP OF SAN DIEGO: Plan Exclusivity Period Extended to June 12
BOMBARDIER INC: Moody's Alters Outlook on 'B1' CFR to Positive
C & C FREIGHT: Hires Paul Reece Marr PC as Counsel
CAMPING WORLD: Moody's Cuts CFR to B3, Alters Outlook to Stable
CANO HEALTH: Moody's Alters Outlook on 'Caa1' CFR to Negative
CELSIUS NETWORK: Investors Call for Harsh Penalty for Alex Mahinsky
CENTENNIAL HOUSING: Plan Exclusivity Period Extended to May 27
CHANNELSIDE BREWING: Hires David Jennis P.A. as Attorney
CHARLES MONEY: Case Summary & 16 Unsecured Creditors
CLIFFWOOD DEVELOPMENT: Hires Levene Neale Bender as Counsel
COLIANT SOLUTIONS: Committee Taps Jones & Walden as Legal Counsel
COLONIAL MILLS INC: Gets Interim OK to Use Cash Collateral
CONCRETE TRUTH: Hires Krigel Nugent + Moore as Legal Counsel
CONSOLIDATED BURGER: Gets Interim OK for DIP Loan From Auxilior
COSMO HOTELS: Seeks Chapter 11 Bankruptcy in California
COST LESS: Gets OK to Hire J.P.S. IV LLC as Appraiser
COVERED BRIDGE: Taps Newmark Valuation & Advisory as Appraiser
COWTOWN BUS: Seeks to Hire Griffith Jay & Michel LLP as Counsel
CRUCIBLE INDUSTRIES: Seeks to Extend Plan Exclusivity to July 3
CUCL CORPORATION: Seeks Chapter 11 Bankruptcy in California
CYPRESSWOOD SPRING: Section 341(a) Meeting of Creditors on May 30
DEEP SOUTH: Gets Final OK for $75,000 DIP Loan
DHW WELL: Taps Flowers Davis PLLC as Litigation Counsel
DOCUDATA SOLUTIONS: Ropes & Gray Represents Ad Hoc Group
DOGWOOD THERAPEUTICS: Posts Wider Net Loss of $12.35M for 2024
DON KEW: Seeks to Hire Morrison-Tenenbaum as Legal Counsel
DOUBLE K AH!THENTIC: Seeks to Hire Pivot Accounting as Bookkeeper
E.F. MARKETING: Seeks Subchapter V Bankruptcy in Texas
EARTHSTONE ENERGY: Moody's Ups Rating on Sr. Unsecured Notes to Ba2
ECS BRANDS: Gets Interim OK to Use Cash Collateral
EDMONDS WELLNESS: Gets Final OK to Use Cash Collateral
ENGINE 22: Hires Lugenbuhl Wheaton as Legal Counsel
ES PARTNERS: Gets Interim OK to Use Cash Collateral
FAIR ANDREEN: Seeks Final Approval to Use Cash Collateral
FAIR ANDREEN: Seeks to Hire Abacus Group LLC as Accountant
FAM BAM: Hires CORE Real Estate Group as Real Estate Broker
FLEET RENTS: Case Summary & 20 Largest Unsecured Creditors
FOSTER AND SCHELL: Taps Patten Peterman Bekkedahl as Attorney
FOUR HATS: Gets Interim OK to Use Cash Collateral
FRANCISCAN FRIARS: Seeks to Extend Plan Exclusivity to August 22
GCI LLC: Moody's Affirms 'B1' CFR, Outlook Remains Stable
GENUINE GENIUS: Hires Larson & Zirzow LLC as Bankruptcy Counsel
GIAAH LLC: L. Todd Budgen Named Subchapter V Trustee
GLOBAL PREMIER: Hires Winthrop Golubow Hollander as Counsel
GREEN TERRACE: Case Summary & 17 Unsecured Creditors
GSTK PROPERTIES: Seeks to Hire CORE as Real Estate Broker
HANDLOS FINISHING: Seeks Chapter 11 Bankruptcy in Iowa
HARLING INC: Gets Interim OK to Use Cash Collateral Until May 21
HARRAH LAND: To Sell Seminole Property to Caleigh Crowley for $232K
HAVOC BREWING: Case Summary & Nine Unsecured Creditors
HDTSOKANOS LLC: Hires Shiryak Bowman Anderson as Attorney
HDTSOKANOS LLC: Seeks to Hire ERG Commercial as Real Estate Broker
HERTZ GLOBAL: Plans $500MM Debt Raise Prior Litigation Payout
HIGH PLAINS: Claims to be Paid From Asset Sale Proceeds
HOOPERS DISTRIBUTING: Hires Country Boys Auction as Appraiser
HOOTERS OF AMERICA: White & Case Advises Securitization Noteholders
JACKSON HOSPITAL: Seeks to Hire Ordinary Course Professionals
JANE STREET: Fitch Assigns 'BB+(EXP)' Rating on $1BB Secured Notes
JANE STREET: Moody's Rates New $1BB Senior Secured Notes 'Ba1'
JETBLUE AIRWAYS: Fitch Alters Outlook on B LongTerm IDR to Negative
JUAN M MARTINEZ: Hires David J. Winterton & Assoc. as Counsel
KENSINGTON VILLAGE: U.S. Trustee Unable to Appoint Committee
KIN DEE: Seeks Subchapter V Bankruptcy in Texas
KINDERCARE LEARNING: Fitch Affirms B+ LongTerm IDR, Outlook Stable
KING STATE: Hires Tranzon Driggers as Real Estate Agent
KOCHER FOODS: Gets Interim OK to Use Cash Collateral Until May 19
KPSI INNOVATION: Seeks Chapter 11 Bankruptcy in Washington
KRONOS WORLDWIDE: S&P Raises ICR to 'B' on Improved Performance
KULA GRAIN: Seeks Chapter 11 Bankruptcy in Colorado
LAREDO HOUSING: S&P Lowers Bond Rating to 'D' on Missed Payment
LAZARUS INDUSTRIES: Gets Interim OK to Use Cash Collateral
LEVY VENTURES: Court Asked to Prohibit Cash Collateral Access
LITTLE MINT: Seeks to Extend Plan Exclusivity to June 29
LML LOGISTICS: Case Summary & Two Unsecured Creditors
MARION REALTY: Hires Bleakley Bavol Denman as Bankruptcy Counsel
MARK REAL ESTATE: Seeks Chapter 11 Bankruptcy in Maine
MARKUS CORP: Taps Corbin Law Firm, Kokoszka & Janczur as Attorneys
MAVENCRUX I: Seeks to Hire Meriwether Wilson as Accountant
MAXIMUS COVE: Secured Party Sets Auction for June 12, 2025
MDW SHOREVIEW LLC: Case Summary & 20 Largest Unsecured Creditors
MESA LAGUNA: Gets Interim OK to Use $241,374 in Cash Collateral
MILLENKAMP CATTLE: Fine-Tunes Plan Documents
MMK FAMILY: Court Extends Cash Collateral Access to July 5
MMK SUBS: Court Extends Cash Collateral Access to July 5
MULTI PIG: Seeks Chapter 11 Bankruptcy in Iowa
MYSTICAL STARS: Committee Taps Global Realty Services as Consultant
NAKED JUICE: Moody's Cuts CFR to 'Ca', Outlook Remains Stable
NAVIENT CORP: Moody's Affirms 'Ba3' CFR, Outlook Stable
NELNET INC: Moody's Affirms 'Ba1' CFR & Alters Outlook to Stable
NEW FOCUS: Seeks to Hire Agentis PLLC as Bankruptcy Counsel
NEW LONDON: Seeks to Hire Cullen and Dykman LLP as Counsel
NICK'S PIZZA: Court Extends Cash Collateral Access
NIGEL LAUGHTON: Trustee Taps Golenbock Eiseman as Legal Counsel
NORTH AMERICAN CONSTRUCTION: S&P Assigns 'BB-' ICR, Outlook Stable
NORTHSTARR BUILDERS: Unsecured Creditors to Split $25K in Plan
NORTHVOLT AB: Assets Draw Interest from Several Potential Buyers
NUEVA VISTA: Section 341(a) Meeting of Creditors on May 27
O'RYAN OREGON: Voluntary Chapter 11 Case Summary
O'RYAN RANCHES: Voluntary Chapter 11 Case Summary
OVG BUSINESS: Moody's Assigns 'B2' CFR, Outlook Stable
PARAMOUNT DRUG: Seeks to Hire Fleming Advisors as Accountant
PARTIDA HOLDINGS: Hires Hammond Law Firm as Legal Counsel
PARTIDA HOLDINGS: Seeks Approval to Tap Hammond Law as Counsel
PARTIDA HOLDINGS: Seeks to Hire Hammond Law Firm as Counsel
PARTIDA HOLDINGS: Seeks to Tap Hammond Law Firm as Counsel
PELICAN INTERNATIONAL: Gets CCAA Initial Stay Order; FTI as Monitor
PLF SHOREVIEW MEZZ: Voluntary Chapter 11 Case Summary
PLF SHOREVIEW: Case Summary & 20 Largest Unsecured Creditors
PR BIRMINGHAM: Seeks to Sell Apartment Complexes at Auction
PR DIAMOND: Case Summary & 20 Largest Unsecured Creditors
PRECISION DRILLING: Fitch Affirms BB- LongTerm IDR, Outlook Stable
PRESPERSE CORPORATION: Defends Bid to Tap Covington in Bankruptcy
PRIMELAND REAL ESTATE: Agentis Updates List of Deposit Holders
PRO-FIT BASKETBALL: Taps Law Office of David Cahn as Counsel
PUFFCUFF LLC: Seeks to Hire Mills Business Law as Legal Counsel
QXO INC: Moody's Assigns First Time 'Ba3' Corporate Family Rating
REAVIS REHAB: Hires Donna K. Ferrell CPA as Accountant
REDDIRT ROAD: U.S. Trustee Unable to Appoint Committee
REGIONS PROPERTY: Seeks Cash Collateral Access
RESTORATION HARDWARE: Moody's Cuts CFR to 'B3', Outlook Stable
RIVER FALL 529: Seeks Chapter 11 Bankruptcy in Massachusetts
RIVERSIDE MILITARY: Fitch Withdraws D Rating on 2017 Revenue Bonds
RMBQ INC: Gets Interim OK to Use Cash Collateral Until May 28
ROCK MEDICAL: Court OKs DIP Financing, Cash Collateral Access
ROYAL INTERCO: U.S. Trustee Appoints Creditors' Committee
RYAN HOHMAN: Seeks Chapter 11 Bankruptcy in Utah
S & O INVESTMENTS: Taps Sandberg Phoenix & von Gontard as Counsel
SC HEALTHCARE: Creditors to Get Proceeds From Liquidation
SEBASTIAN HABIB: Hires Seven Hills Auctions as Auctioneer
SENDLER FAMILY: Seeks to Hire Elevate Law Group as Legal Counsel
SERVANT GROUP: James Cross Named Subchapter V Trustee
SFP – TAMPA I: Fitch Alters Outlook on 'BB+' Rating to Negative
SHAHINAZ SOLIMAN: Court OKs Deal to Use SBA's Cash Collateral
SHOREVIEW HOLDING: Case Summary & 20 Largest Unsecured Creditors
SILICON VALLEY: Successor Sues IRS Over $41.3MM Tax Dispute
SILVER AIRWAYS: Gets Interim OK for DIP Loan From KIA II
SILVER CAPITAL: Settles Shareholder Lawsuit for $37.5 MM
SIRENS SONG: Gets Interim OK to Use Cash Collateral
SK INDUSTRIES: Hires Professional Management as Accountant
SOLEPLY LLC: Natasha Songonuga Named Subchapter V Trustee
SOUTH REGENCY: Committee Taps Conroy Baran LLC as Legal Counsel
SOUTHWEST FT WORTH: Section 341(a) Meeting of Creditors on May 30
SWC INDUSTRIES: OpCo Unsecureds Will Get 20% of Claims in Plan
SWEET TRUCKING: Section 341(a) Meeting of Creditors on May 21
TERRA LAKE: Section 341(a) Meeting of Creditors on June 2
TEXAS HEALTH: Seeks to Hire Lane Law Firm PLLC as Legal Counsel
THERMOPRO INC: Hires Thompson O'Brien Kappler & Nasuti as Counsel
TRS HOLDINGS: Case Summary & Unsecured Creditors
TWENTY FOUR HOUR: Unsecureds Owed $2.4M to Recover 0% in Plan
UNITED HAULING: Case Summary & Five Unsecured Creditors
UNRIVALED BRANDS: Plan Exclusivity Period Extended to June 6
VASTAV INC: Seeks to Hire DeMarco·Mitchell PLLC as Counsel
VEREGY INTERMEDIATE: Moody's Affirms 'B3' CFR, Outlook Stable
VILLAGE ROADSHOW: Taps SOLIC Capital as Investment Banker
VIRIDOS INC: April 28 Deadline for Panel Questionnaires
WALS TRANSPORT: Timothy Stone Named Subchapter V Trustee
WASPY'S - TEMPLETON: Seeks Chapter 11 Bankruptcy in Iowa
WATER'S EDGE: Taps Pullman & Comley as Tax Abatement Counsel
WATERIQ TECHNOLOGIES: Case Summary & 20 Top Unsecured Creditors
WAYPOINT ROOFING: Hires Faro & Crowder as Bankruptcy Counsel
WEC US HOLDINGS: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
WEST PROPERTIES: Voluntary Chapter 11 Case Summary
WHITEHORSE 401: Hires Tarter Krinsky & Drogin as Legal Counsel
YIHE FORBES: Seeks to Hire Richard T. Baum, Esq. as Counsel
ZAYO ISSUER: Fitch Gives 'BB-(EXP)sf' Rating on Class C Notes
*********
384 SOUTH: Seeks to Sell Brooklyn Property at Auction
-----------------------------------------------------
384 South 5th LLC seeks permission from the U.S. Bankruptcy Court
for the Eastern District of New York, to sell Property at Auction,
free and clear of liens, interests, and encumbrances.
The Debtor's Property and related personalty and fixtures are
located at 384 South Fifth Street, Brooklyn, New York 11211.
The Sale of the Property will be auctioned by the broker, Northgate
Real Estate Group, previously retained by the Debtor as its
exclusive broker.
Any potential bidder, other than KV Mortgage Partners LLC (Secured
Noteholder), who wishes to submit a bid with respect to the
Property must demonstrate to the satisfaction of the Broker that
such potential bidder is a Qualified Bidder.
Is a bid for the Property in its entirety for a cash price equal to
or greater than $1,500,000 Minimum Bid) plus payment of the Buyers
Premium, and all outstanding real estate taxes.
The Buyer's Premium shall be: 2.25% if the Secured Noteholder or
its affiliate is the Successful Bidder (or is the Back-up Bidder if
the Sale closes with the Secured Noteholder or its affiliate being
previously designated as the Back-up Bidder) at the Auction and
closes on its purchase; 5% of the Successful Bid (or the Back-up
Bid if the Backup Bidder is successful and closes on its purchase)
if a party other than the Secured Noteholder or its affiliate is
the Successful Bidder (or the Back-Up Bidder if the Sale closes
with the Back-Up Bidder) and closes on its purchase. Any Buyer's
Premium payable must be paid to the Broker at closing.
The Successful Bidder shall close on the purchase of the Property
within 21 days after the completion of the applicable Auction.
All Qualified Bids must be submitted on or before May 13, 2025.
In the event that the Broker and the Debtor receive before the Bid
Deadline one or more bids that the Debtor, Secured Noteholder, and
the Broker deem in their discretion to constitute Qualified Bids
(other than by the Secured Noteholder or its nominee, designee, or
assignee) as to a Property, the Broker shall
conduct the Auction with respect to the Property. The Auction shall
take place on May 15, 2025 at 11:00 a.m.
If for any reason the Successful Bidder shall fail to timely close
the Sale of the Property, then, the Back-up Bidder shall close on
the purchase of the Property and pay the amount of the Back-up Bid.
About 384 South 5th LLC
384 South 5th LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 24-40680) on Feb. 14,
2024. In the petition signed by David Goldwasser, chief
restructuring officer, the Debtor disclosed up to $10 million in
both assets and liabilities.
Judge Elizabeth S. Stong oversees the case.
The Debtor tapped Davidoff Hutcher & Citron, LLP as counsel and FIA
Capital Partners, LLC to provide a chief restructuring officer
(CRO) and certain additional personnel.
A/C DUCTOLOGIST: Files Emergency Bid to Use Cash Collateral
-----------------------------------------------------------
The A/C Ductologist, LLC asked the U.S. Bankruptcy Court for the
Southern District of Florida, Fort Lauderdale Division, for
authority to use cash collateral in accordance with its budget,
with a 10% variance.
The Debtor's assets include accounts receivable, overstocked
materials, office furniture, fixtures, equipment, software, and
vehicles, with approximately $41,660 in bank accounts as of the
petition date.
The Debtor is indebted to the U.S. Small Business Administration in
the approximate amount of $500,000. SBA may assert a security
interest in the Debtor's tangible and intangible personal property,
including accounts receivable and related proceeds.
SBA is the only creditor with a valid UCC-1 financing statement
currently on file despite the existence of other secured creditors
who may hold judgment liens or liens on specific vehicles.
As protection for the SBA's interests, the Debtor proposed granting
a first-priority replacement lien on all of its assets to the
extent that the SBA holds a lien on the original cash collateral.
About The A/C Ductologist LLC
The A/C Ductologist, LLC is a Florida-based HVAC contractor,
specializing in duct replacement and repair, air conditioning
installation and maintenance, and indoor air quality assessments
for both residential and commercial clients. Additionally, it
offers insulation installation services for homes.
The A/C Ductologist sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12944) on March 19,
2025. In its petition, the Debtor reported total assets of $433,330
and total liabilities of $1,891,442.
Judge Peter D. Russin handles the case.
The Debtor is represented by Zach B. Shelomith, Esq. at LSS Law.
ADVANTAGE ACADEMY: Moody's Downgrades Revenue Bond Rating to Ba1
----------------------------------------------------------------
Moody's Ratings has downgraded Advantage Academy of Hillsborough,
Inc., FL's revenue bond rating to Ba1 from Baa3. The outlook is
negative. As of fiscal year end 2024, the academy had $30.2 million
of outstanding debt. The obligor, Advantage Academy of
Hillsborough, Inc., is a three-campus obligated group.
The downgrade to Ba1 reflects continued weakening of financial
operations, the result of enrollment loss and corresponding decline
in revenue. The negative outlook reflects likely further enrollment
declines.
RATINGS RATIONALE
The Ba1 rating reflects a six-year trend of declining enrollment
and continued signs of weakening demand. The obligated group has
lost enrollment at both its Channelside and Independence campuses.
Financial operations have been further strained over the last two
years by the decline and expiration of ESSER funding, resulting in
the obligated group's second consecutive deficit in fiscal 2025.
The obligated group has $4 million invested through annual
transfers to a network investment pool not included on its balance
sheet or operations. The inclusion of these funds allowed the
obligated group to meet its financial covenants in fiscal 2024. The
obligated group will continue to need to include these funds to
meet covenants in fiscal 2025. The obligated group is highly
leveraged, with a cash to debt ratio of a narrow 7%, although the
ratio is a more moderate 20% when the additional $4 million is
included. Academic performance at the schools have been mixed, with
two schools receiving 'B' grades and one school receiving a 'C'.
The school will begin to receive revenue from a 1 mill school
referendum property tax in 2025, which Moody's estimates will
increase revenue by just over $1 million for the obligated group
beginning in fiscal 2026.
RATING OUTLOOK
The negative outlook reflects the risk of further enrollment
declines and continued deficit operations. The negative outlook
also reflects the school's ongoing reliance on network support to
meet covenants.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATING
-- A trend of improved demand and subsequent enrollment growth
-- Days cash on hand consistently over 125 days without
substantial network support
-- Debt service coverage consistently over 1.20x without
substantial network support
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATING
-- Further weakening of demand resulting in enrollment declines
-- Deficit operations beyond fiscal 2025
-- Further weakening of liquidity or debt service coverage levels
PROFILE
Advantage Academy of Hillsborough, Inc was incorporated in 2008.
The Academy currently consists of eleven schools. The obligated
group is a subset of three schools located within Hillsborough
County (Aaa stable). The obligated group is comprised of Advantage
Academy Hillsborough (Plant City, FL), Channelside Academy (Tampa,
FL), and Independence Academy (Dover, FL), each under its own
charter. The charters for Advantage Academy, Channelside Academy,
and Independence Academy expire in 2028, 2029, and 2032,
respectively. As of spring 2025, the obligated group enrollment was
1,538, down from 1,900 prior to the pandemic.
METHODOLOGY
The principal methodology used in this rating was US Charter
Schools published in April 2024.
ADVENTURES IN LEARNING: Sam Della Fera Named Subchapter V Trustee
-----------------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Sam Della Fera, Jr.,
Esq., at Chiesa, Shahinian & Giantomasi, PC as Subchapter V trustee
for Adventures In Learning Daycare Bayonne, LLC.
Mr. Della Fera will be paid an hourly fee of $450 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Della Fera declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Sam Della Fera, Jr., Esq.
Chiesa, Shahinian & Giantomasi, PC
One Boland Drive
West Orange, NJ 07052
Telephone: 973-530-2076
Email: sdellafera@csglaw.com
About Adventures In Learning Daycare
Adventures In Learning Daycare Bayonne, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.N.J. Case No.
25-12790) on March 18, 2025, listing up to $50,000 in assets and
between $100,000 and $500,000 in liabilities.
Judge Vincent F. Papalia presides over the case.
Steven D. Pertuz, Esq. at the Law Offices of Steven D. Pertuz, LLC
represents the Debtor as bankruptcy counsel.
AIO US: Plan Exclusivity Period Extended to June 9
--------------------------------------------------
Judge Craig T. Goldblatt of the U.S. Bankruptcy Court for the
District of Delaware extended AIO US, Inc. and its debtor
affiliates' exclusive periods to file a plan of reorganization and
obtain acceptance thereof to June 9 and August 11, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtors recognize the
Trust Distribution Procedures have not yet been filed with the
Court and that those procedures may be viewed as central to the
Plan and certain creditors' ability to evaluate properly whether to
vote to accept the Plan. The Creditors' Committee has committed to
providing the Debtors with draft Trust Distribution Procedures by
no later than April 3, 2025, and the Debtors are hopeful that
negotiations regarding the proposed Trust Distribution Procedures
can thereafter move expeditiously and for the procedures to be
filed in a reasonable timeframe thereafter.
Accordingly, additional time is required to make progress on the
Trust Distribution Procedures and other aspects of the Plan. The
Debtors also need time to obtain Court approval of the Disclosure
Statement and solicitation procedures, solicit votes on the Plan,
seek confirmation of the Plan, and, ultimately, consummate the
Plan.
The Debtors explain that they have devoted significant time and
resources to progressing the chapter 11 process since the approval
of the Natura Settlement and Sale. The Debtors are working to
obtain approval of the Disclosure Statement and Solicitation
Procedures Motion, solicit votes on the Plan, and ultimately reach
confirmation, consummate the Plan, and make distributions to
creditors. A further extension of the Exclusive Periods is
warranted to allow the Debtors to achieve these goals without the
interference of a competing chapter 11 plan.
Further, an extension of the Exclusive Periods will not prejudice
the Debtors' stakeholders. On the contrary, an extension of the
Exclusive Periods will enable the Debtors to seek confirmation and
consummation of the Plan for the benefit of all stakeholders.
Allowing another party to propose a competing plan at this juncture
will only hamper the Debtors' chances of confirming the Plan (or an
alternative plan) on a consensual basis. Thus, the Debtors believe
that a further extension of the Exclusive Periods is in the best
interest of the Debtors and their stakeholders.
The Debtors' Counsel:
Zachary I. Shapiro, Esq.
Mark D. Collins, Esq.
Michael J. Merchant, Esq.
David T. Queroli, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
Tel: (302) 651-7700
E-mail: collins@rlf.com
merchant@rlf.com
shapiro@rlf.com
queroli@rlf.com
- and -
Ronit J. Berkovich, Esq.
Matthew P. Goren, Esq.
Alejandro Bascoy, Esq.
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Tel: (212) 310-8000
E-mail: ronit.berkovich@weil.com
matthew.goren@weil.com
alejandro.bascoy@weil.com
About AIO US, Inc.
AIO US Inc., Avon Products Inc, and some of its affiliates are
manufacturers and marketers of beauty, fashion, and home products
with operations and customers across the globe.
AIO US and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 24-11836) on
Aug. 12, 2024. In the petition filed by Philip J. Gund as chief
restructuring officer, AIO US disclosed $1 billion to $10 billion
in assets and debt.
Richards, Layton & Finger, P.A. and Weil, Gotshal & Manges LLP are
counsel to the Debtors. Ankura Consulting Group LLC serves as
restructuring advisor to the Debtors. Rothschild & Co US Inc is the
Debtors' investment banker and financial advisor. Epiq Corporate
Restructuring LLC acts as claims and noticing agent to the Debtors.
ALEXA HOLDINGS: Gets Interim OK to Use Cash Collateral
------------------------------------------------------
Alexa Holdings, Inc. got the green light from the U.S. Bankruptcy
Court for the Eastern District of North Carolina, Raleigh Division,
to use cash collateral.
The order penned by Judge Joseph Callaway authorized the Debtor's
interim use of cash collateral to pay the expenses set forth in its
budget, which projects total expenses of $362,431.50 for the period
from April 14 to May 15.
As protection, the U.S. Small Business Administration will be
granted a post-petition lien on the Debtor's cash and inventory and
will receive a monthly payment of $4,846, beginning on May 1.
The Debtor believes that SBA may have a secured interest in its
cash collateral based on a security agreement and UCC-1 financing
statement filed in 2020.
As of the bankruptcy filing, the Debtor had $81,132 in cash and
about $150,700 in unencumbered personal property. These funds have
been transferred into a debtor-in-possession account, from which
the Debtor plans to continue paying necessary business expenses.
The next hearing is set for May 6.
About Alexa Holdings Inc.
Alexa Holdings, Inc. owns MoonRunners Saloon, a Prohibition-era
themed restaurant and bar based in Garner, North Carolina, known
for its Southern-style cuisine and distinctive moonshine-focused
drink menu. The establishment rose to prominence after being
featured on the reality TV show Bar Rescue, which helped revamp its
brand and operations. With locations in Garner and Dunn, the
saloon continues to attract patrons with its creative cocktails,
hearty dishes, and nostalgic ambiance.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-01347) on April 14,
2025. In the petition signed by Charles Alexander, president, the
Debtor disclosed $231,831 in assets and $2,884,529 in liabilities.
Judge Joseph N. Callaway oversees the case.
Danny Bradford, Esq., at Paul D. Bradford, PLLC, represents the
Debtor as legal counsel.
ALK ASPHALT: Seeks Cash Collateral Access Until June 30
-------------------------------------------------------
ALK Asphalt, LLC asked the U.S. Bankruptcy Court for the District
of Arizona for authority to use cash collateral through June 30,
2026, or until plan confirmation, subject to a 10% budget
variance.
The court had previously authorized use of this cash collateral
through April 2025, with protections in place for secured
creditors, including replacement liens for any loss in collateral
value resulting from post-petition use. The Debtor, a commercial
asphalt and excavation contractor, has secured the consent of its
first-position secured creditor, Integro Bank, for continued use.
An additional adequate protection order was issued for Integro Bank
in February 2025, requiring monthly payments starting in May. The
Debtor submitted its proposed plan of reorganization in March 2025,
which aims to fully satisfy all allowed claims.
Several secured creditors, including Integro, Libertas, Fox Funding
Group, and others, are identified as having claims against the cash
collateral. The Debtor also provided updated financial projections
reflecting minor adjustments, such as increased bond premiums,
office relocation expenses, and higher professional fees.
The Debtor argued that continued use of cash collateral is
justified under 11 U.S.C. § 363(c), citing that creditors are
adequately protected through replacement liens and continued
generation of receivables.
A copy of the motion is available at https://urlcurt.com/u?l=b3Dd5V
from PacerMonitor.com.
About ALK Asphalt
ALK Asphalt, LLC, is a company in Sun City, Ariz., engaged in
highway, street and bridge construction.
ALK Asphalt sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 24-09608) on November 8,
2024, with $1 million to $10 million in both assets and
liabilities. The petition was signed by Adam Kautman as member.
Judge Daniel P. Collins oversees the case.
The Debtor tapped Allen, Jones & Giles, PLC, as bankruptcy counsel
and Hudspeth Law Firm as special counsel.
AMERICUS FRESH: May 13, 2025 Auction for LLC Interests
------------------------------------------------------
Pursuant to Section 9-610 of the Georgia Uniform Commercial Code
and that certain pledge agreement dated as of Jan. 26, 2023
provided by Americus Fresh Real Estate Holdings LLC ("grantor") in
favor of X-Caliber Rural Lending LLC ("lender"), lender will sell
some or all of grantor's following assets that are subject to
lender's lien thereon: 100% of the shares of capital stock,
partnership interests, ownership or membership interests in
Americus Fresh LLC.
The assets secured the repayment of the indebtedness of Americus
Fresh LLC ("borrower") to lender under that certain promissory
noted dated as of Jan. 26, 2023, and that certain loan agreement
dated as of Jan. 26, 2023, by and among the borrower and lender.
Subject to all the terms of the notice, the assets will be sold
pursuant to public auction to the highest bidder at the offices of
lender's counsel, Blank Rome LLP, 444 West Lake Street, Suite 1650,
Chicago, Illinois 60606 on May 13, 2025, at 9:00 a.m. CST.
Persons interested in bidding on the assets at the sale will
contact the counsel for the lender, Paige Tinkham,
paige.tinkham@blankrome.com or 312-7760-2514, during normal
business hours, no later than 2 business days prior to the auction
date to obtain the necessary information to participate in the
auction.
Americus Fresh LLC engages in greenhouse, nursery, and floriculture
production.
ANGIE'S TRANSPORTATION: Seeks to Sell 3 Tractors for $90K
---------------------------------------------------------
Angie's Transportation, LLC and its affiliate, STL Equipment
Leasing Co., LLC, seek permission from the U.S. Bankruptcy Court
for the District of Missouri, Eastern Division, to sell Property,
free and clear of liens, interests, and encumbrances.
Among the assets of the Debtors' estates are interests in three
tractors:
-- 2020 Volvo VNL64T760 Tractor 4V4NC9EH9LN265995
-- 2020 Volvo VNL64T760 Tractor 4V4NC9EH0LN265996
-- 2020 Volvo VNL64T760 Tractor 4V4NC9EH4LN265998
The lienholder of the tractors is PNC Bank.
The Debtor wants to sell the Tractors to Delta Logistics Inc. for
$90,000.00.
Upon receipt of the Purchase Price, Debtors shall:
a. Tender payment directly to PNC sufficient to pay in full the
existing liens held by PNC. As of May 1, the payoff for the
Tractors will be $34,965.64 with per diem interest thereafter of
$17.24.
b. Debtors shall then remit $15,000.00 to the Internal Revenue
Service and $4,500.00 to the M&T Equipment Finance.
c. Debtors shall retain the balance of funds for general
operations, including specifically payment of insurance premiums.
The Debtor asserts that the proposed sale will reduce overhead and
costs while bringing funds into the
estate, assist Debtors with the goals of reorganization and make
progress towards a confirmable
plan.
About Angie's Transportation, LLC
Angie's Transportation, LLC, a trucking company in St. Louis, Mo.,
and STL Equipment Leasing Co, LLC filed Chapter 11 petitions
(Bankr. E.D. Miss. Lead Case No. 24-44594) on December 16, 2024.
At the time of the filing, Angie's reported $1 million to $10
million in assets and $500,000 to $1 million in liabilities while
STL reported $1 million to $10 million in both assets and
liabilities.
Judge Brian C. Walsh handles the cases.
The Debtors are represented by Andrew R Magdy of Schmidt Basch,
LLC.
ANGIE'S TRANSPORTATION: To Sell Tractor to Delta Logistics for $30K
-------------------------------------------------------------------
Angie's Transportation, LLC and its affiliate, STL Equipment
Leasing Co., LLC, seeks permission from the U.S. Bankruptcy Court
for the Eastern District of Missouri, Eastern Division, to sell
Tractor, free and clear of liens, interests, and encumbrances.
The Debtor's tractor is a 2020 Volvo VNL64T760 Tractor
4V4NC9EH2LN265997.
The lienholder of the Tractor is The Huntington National Bank,
Internal Revenue Service (IRS), and M&T Equipment Finance
Corporation.
The Debtor wants to sell the Tractor to Delta Logistics Inc. for
$30,000.00.
Upon receipt of the Purchase Price, Debtors will:
a. Tender payment directly to Huntington sufficient to pay in full
the existing liens held by Huntington. As of May 1, the payoff for
the Tractor will be $9,181.10.
b. Debtors shall then remit $5,000.00 to the IRS and $1,500.00 to
the M&T.
c. Debtors shall retain the balance of funds for general
operations, including specifically payment of insurance premiums.
The Debtor believes that proposed sale will reduce overhead and
costs while bringing funds into the estate, assist Debtors with the
goals of reorganization, and make progress towards a confirmable
plan.
About Angie's Transportation, LLC
Angie's Transportation LLC is a trucking company in St. Louis,
Missouri.
Angie's Transportation LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Miss. Case No. 24-44594) on
December 16, 2024. In the petition filed by Angelina Twardawa, as
manager, the Debtor reports estimated assets between $1 million and
$10 million and estimated liabilities between $500,000 and $1
million.
Honorable Bankruptcy Judge Bonnie L. Clair handles the case.
The Debtor is represented by Andrew Magdy, Esq., at SCHMIDT BASCH,
LLC.
APPLICO LLC: Seeks Chapter 11 Bankruptcy in Alabama
---------------------------------------------------
On April 23, 2025, Applico LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Northern District of Alabama.
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 Applico LLC
Applico LLC, 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.
Applico LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ala. Case No. 25-70561) on April 23, 2025. In
its petition, the Debtor reports estimated assets of $100,000 and
$500,000 and estimated liabilities of $1 million and $10 million.
Honorable Bankruptcy Judge Jennifer H. Henderson handles the
case.
The Debtor is represented by Anthony Brian Bush, Esq. at THE BUSH
LAW FIRM, LLC.
ARACENA AUTO: Scott Rever Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Scott Rever, Esq.,
at Genova Burns, LLC as Subchapter V trustee for Aracena Auto
Center, LLC.
Mr. Rever will be paid an hourly fee of $450 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Rever declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Scott S. Rever, Esq.
Genova Burns LLC
110 Allen Rd., Suite 304,
Basking Ridge, NJ 07920
Telephone: (973) 387-7801
Email: Rever@genovaburns.com
About Aracena Auto Center
Aracena Auto Center, LLC, an auto repair company, filed Chapter 11
petition (Bankr. D.N.J. Case No. 25-12613) on March 14, 2025,
listing between $100,001 and $500,000 in both assets and
liabilities.
Judge Christine M. Gravelle oversees the case.
The Debtor is represented by:
Steven J. Abelson, Esq.
Abelson Law Offices
80 West Main Street
P.O. Box 7005
Freehold, NJ 07728
Phone: 732-462-4773
atrbk1@gmail.com
ARCH PRODUCTION: Hires Mitchell J. Canter, Esq. as Counsel
----------------------------------------------------------
ARCH Production and Design NYC, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of New York to employ
Mitchell J. Canter, Esq. to handle its Chapter 11 case.
The firm will be paid at the rate of $450 per hour.
The firm received from the Debtor a retainer of $17,500.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Canter disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Mitchell J. Canter, Esq.
511 Airport Executive Park
Nanuet, NY 10954
Tel: (845) 371-7500
About ARCH Production and Design NYC, Inc.
ARCH Production and Design, NYC, Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. N.Y. Case No.
25-10390-1) on April 4, 2025. In the petition signed by Evan
Collier, president, the Debtor disclosed up to $500,000 in assets
and up to $10,000 in liabilities.
Mitchell Canter, Esq., at Law Offices of Mitchell J. Canter,
represents the Debtor as legal counsel.
AVENTURA ECO-OFFICES: Seeks Chapter 11 Bankruptcy in Florida
------------------------------------------------------------
On April 21, 2025, Aventura Eco-Offices Property Owner LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the Southern District of Florida. 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 Aventura Eco-Offices Property Owner LLC
Aventura Eco-Offices Property Owner LLC is involved in the
development of a medical office project in Aventura, Florida.
Aventura Eco-Offices Property Owner LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-14359) on April 21, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $10 million and $50
million each.
Honorable Bankruptcy Judge Robert A. Mark handles the case.
The Debtor is represented by Celi S. Aguilar, Esq. at CSA LAW FIRM.
AVON PLACE: Seeks to Hire Backenroth Frankel as Bankruptcy Counsel
------------------------------------------------------------------
Avon Place, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to employ Backenroth Frankel &
Krinsky, LLP as counsel.
The firm will render these services:
(a) provide the Debtor with legal counsel regarding its powers
and duties in the continued operation of its business and
management of its property during the Chapter 11 case;
(b) prepare on behalf of the Debtor all necessary legal
documents which may be required with the Chapter 11 case;
(c) provide the Debtor with legal services regarding
formulating and negotiating a plan of reorganization with
creditors; and
(d) perform such other legal services for the Debtor as
required during the Chapter 11 case.
The firm's counsel will be paid at these hourly rates:
Abraham Backenroth, Attorney $750
Mark Frankel, Attorney $695
Scott Krinsky, Attorney $650
Paralegal $250
In addition, the firm will seek reimbursement for expenses
incurred.
On or about March 21, 2025, the firm received a retainer of $40,000
from the Debtor.
Mr. Frankel disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Mark Frankel, Esq.
Backenroth Frankel & Krinsky, LLP
488 Madison Avenue, Floor 23
New York, NY 10022
Telephone: (212) 593-1100
About Avon Place LLC
Avon Place LLC is a real estate company owning multiple properties
at 44, 46, 47, 48 Avonwood Road in Avon, Connecticut.
Avon Place LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41368) on March 21,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor tapped Backenroth, Frankel & Krinsky, LLP as counsel and
FIA Capital Partners, LLC as restructuring advisor.
BEAUX EQUITIES: Hires Avrum J. Rosen PLLC as Legal Counsel
----------------------------------------------------------
Beaux Equities LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to employ Law Offices of Avrum
J. Rosen, PLLC as counsel.
The firm will render these services:
(a) analyze financial situation, and render advice and
assistance to the Debtor in determining whether to file a petition
under the Bankruptcy Code;
(b) prepare and file petition, schedules, statement of
financial affairs and other documents required by the court;
(c) represent the Debtor at the meeting of creditors;
(d) prepare motions, documents and applications in connection
with the case; and
(e) render legal advice to the Debtor in connection with all
matters pending before the court.
The firm will be paid at these rates:
Partners $690 per hour
Associates $590 per hour
Paraprofessionals: $200 per hour
The Debtor paid the firm an initial retainer of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Avrum Rosen, Esq., a member of the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Avrum J. Rosen, Esq.
Law Offices of Avrum J. Rosen, PLLC
38 New Street
Huntington, NY 11743
Telephone: (631) 423-8527
Facsimile: (631) 423-4536
Email: arosen@ajrlawny.com
About Beaux Equities LLC
Beaux Equities, LLC is a lessor of residential buildings and
dwellings.
Beaux Equities sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40119) on January 9,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Judge Jil Mazer-Marino handles the case.
Avrum J. Rosen, Esq., at the Law Offices of Avrum J. Rosen PLLC
represents the Debtor as counsel.
BEAUX EQUITIES: Hires Mr. Goldwasser of FIA Capital as CRO
----------------------------------------------------------
Beaux Equities LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to employ David Goldwasser of
FIA Capital Partners, LLC as chief restructuring officer.
The professional will provide these services:
a) oversee the Debtor's operations, including property
management and maintenance, tenant negotiations, and lease
compliance; rights and powers to open and close bank accounts, and
to disburse funds from such accounts consistent with any cash
management order approved by the Bankruptcy Court;
b) manage cash flow and ensure the payment of operating
expenses, property taxes, and insurance;
c) evaluate and assist bankruptcy counsel to develop a plan of
reorganization to liquidate or dissolution of the Client and
discuss same with counsel, secured creditors, other creditors
and/or governmental authorities, including the Office of the U.S.
Trustee ("OUST");
d) develop and implement a strategy for the stabilization or
sale of the property pursuant to Sec. 363 of the Bankruptcy Code or
as part of a plan of reorganization. e) Conduct analyses of
property performance, debt obligations, and restructuring
alternatives, including loan modifications or discounted payoffs;
f) perform a comprehensive due diligence review of the Client,
its liabilities and the Property, including, without limitation,
its Schedules and Statement of Financial Affairs to be filed in the
Bankruptcy Case. If necessary, and as directed by Client, perform
an on-site inspection of the Properties and physical review of the
local markets and the larger general market;
g) assist in the preparation of materials for filing the
petition and schedules, review books and records, analyze loan
documents, review accompanying litigation, and conduct creditors'
claims analysis;
h) prepare and file Monthly Operating Reports ("MORs") required
under the Bankruptcy Code and guidelines for the Eastern District
of New York, ensuring compliance with OUST requirements;
i) attend Court proceedings, initial debtor interview ("IDI")
and Sec. 341(a) meetings, as well as additional meetings with
creditors and stakeholders, as may be required, provide testimony
as reasonably required in connection with same;
j) act as a liaison and coordinate information flow and efforts
between management of the Client and its advisors and creditors and
their advisors, as well as the OUST; Provide regular updates,
including but not limited to updates on reasonable request, to key
stakeholders, any official committees appointed in those
proceedings, and their respective professionals, subject to
reasonable and appropriate confidentiality restrictions; and
k) perform such other services as requested or directed by the
Member(s) as are reasonably related to the above-described services
and agreed to by the CRO.
The firm will be paid at these rates:
David Goldwasser $750
CFO/CPA $450
Managing Director $400
Paralegal $280
The firm received from the Debtor an initial retainer of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Goldwasser disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
David Goldwasser
FIA Capital Partners, LLC
295 Front Street, 2nd Fl.
Brooklyn, NY 11201
Email: dgoldwasser@fiacp.com
About Beaux Equities LLC
Beaux Equities, LLC is a lessor of residential buildings and
dwellings.
Beaux Equities sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40119) on January 9,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Judge Jil Mazer-Marino handles the case.
Avrum J. Rosen, Esq., at the Law Offices of Avrum J. Rosen PLLC
represents the Debtor as counsel.
BED BATH: Administrator Sues U.S. Customs, States to Recover Fund
-----------------------------------------------------------------
Randi Love of Bloomberg Law reports that the plan administrator for
Bed Bath & Beyond Inc.'s bankruptcy estate has filed multiple
lawsuits to recover nearly $10 million in pre-bankruptcy payments
made to state and federal agencies.
The lawsuits, brought in the U.S. Bankruptcy Court for the District
of New Jersey, seek to recover funds related to customs duties, tax
overpayments, damages, and freight charges, according to Bloomberg
Law.
The largest of the claims seeks nearly $1.6 million from the Texas
Comptroller of Public Accounts, followed by another significant
recovery effort targeting U.S. Customs and Border Protection, the
report states.
About Bed Bath & Beyond
Bed Bath & Beyond Inc., together with its subsidiaries, is an
omnichannel retailer selling a wide assortment of merchandise in
the Home, Baby, Beauty & Wellness markets and operates under the
names Bed Bath & Beyond, buybuy BABY, and Harmon, Harmon Face
Values. The Company also operates Decorist, an online interior
design platform that provides personalized home design services.
At its peak, Bed Bath & Beyond operated the largest home furnishing
retailer in the United States with over 970 stores across all 50
states, consistently at the forefront of major home and bath
trends. Operating stores spanning the United States, Canada,
Mexico, and Puerto Rico, Bed Bath & Beyond offers everything from
bed linens to cookware to electric appliances, home organization,
baby care, and more.
Bed Bath & Beyond closed over 430 locations across the United
States and Canada before filing Chapter 11 cases, implementing
full-scale wind-downs of their Canadian business and the Harmon
branded stores.
Left with 360 Bed Bath & Beyond, and 120 buybuy BABY stores, Bed
Bath & Beyond Inc. and 73 affiliated debtors on April 23, 2023,
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code to pursue a wind-down of operations.
The cases are pending before the Honorable Vincent F. Papalia and
requested joint administration of the cases under Bankr. D.N.J.
Lead Case No. 23-13359.
Kirkland & Ellis LLP and Cole Schotz P.C. are serving as legal
counsel, Lazard Frares & Co. LLC is serving as investment banker,
and AlixPartners LLP is serving as financial advisor. Bed Bath &
Beyond Inc. has retained Hilco Merchant Resources LLC to assist
with inventory sales. Kroll LLC is the claims agent.
BERTUCCI'S RESTAURANTS: Seeks Chapter 11 Bankruptcy for 3nd Time
----------------------------------------------------------------
James Nani of Bloomberg Law reports that Bertucci's Restaurants
LLC, the owner and operator of the Italian casual dining chain that
originated in the Boston area, has filed for Chapter 11 bankruptcy
for the third time in seven years, aiming to reduce its footprint
and focus on expanding its fast-casual model.
The filing, made Thursday, April 24, 2025, in the U.S. Bankruptcy
Court for the Middle District of Florida, attributes the move to
continued weak consumer demand for traditional casual dining and
escalating food costs, according to a court document provided by
the company's attorney.
About Bertucci's Restaurants
Bertucci's Restaurants LLC doing business as Bertucci's Brick Oven
Pizza & Pasta, is an American chain of restaurants offering pizza
and Italian food.
On the web: https://www.bertuccis.com/
Then with 59 locations, Bertucci's Holdings, Inc., sought
protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del.
Lead Case No. 18-10894) on
April 15, 2018.  The Debtor tapped Landis Rath & Cobb LLP as
their bankruptcy counsel; and Imperial Capital, LLC as investment
banker; and Hilco Real Estate, LLC. The creditors committee
retained Bayard, P.A. and Kelley Drye & Warren LLP, as counsel.
Bertucci's Holding LLC, a unit of Earl Enterprises, acquired the
Debtors' assets in a bankruptcy sale. The entity acquired 56
restaurants under the name Bertucci's Brick Oven Pizza & Pasta from
the Debtor, in a transaction that closed on June 11, 2018.
2nd Attempt
Down to 47 locations, Bertucci's Restaurants LLC filed a petition
for relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D.
Fla. Case No. 22-04313) on Dec. 5, 2022. In the petition filed by
Jeffrey C. Sirolly, as secretary, the Debtor reported assets
between $10 million and $50 million and liabilities between $50
million and $100 million.
The Debtor is represented by R Scott Shuker, Esq. at Shuker &
Dorris, P.A.
3rd Attempt
Bertucci's sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Fla. Case No. 25-02401) on April 24, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
Honorable Bankruptcy Judge Grace E. Robson handles the case.
The Debtor is represented by R Scott Shuker, Esq. at Shuker &
Dorris, P.A.
BETTER CHOICE: Halo Sells Asia Business to CZC for $8.1 Million
---------------------------------------------------------------
Better Choice Company, Inc., announced that its subsidiary, Halo,
Purely for Pets, Inc., has completed the sale of its Asian business
to CZC Company LTD for a total of $8.1 million. The transaction
includes $6.5 million in cash, or $3.34 per share based on
2,422,005 shares outstanding as of March 25, 2025, along with a
five-year royalty agreement. This guarantees a minimum total
royalty payment of $1.65 million, based on a 3% royalty on sales
over the next five years, with a minimum annual payment of
$330,000.
Halo, which remains wholly-owned by Better Choice, will retain
ownership of its key North American operations and global
operations outside of Asia, allowing Halo to focus on its core
markets and strategic initiatives.
The Company said this transaction allows it to concentrate on its
core portfolio of health and wellness products, while creating an
additional revenue stream through the royalty arrangement. This
sale is a key step in the Company's strategy to maximize
shareholder value by optimizing its asset portfolio.
"We are pleased to have successfully completed this strategic
transaction," said Michael Young, Chairman of Better Choice. "We
have strengthened our balance sheet and strategically focused our
resources on our core health and wellness offerings while securing
a steady revenue stream through the royalty structure. With
improved financial flexibility we will look to maximize shareholder
value in every possible way, which may include stock repurchase
programs, further dividends or allocation of cash reserves into
silver, gold and other currencies."
About Better Choice Company Inc.
Better Choice Company Inc., headquartered in Tampa, Florida, is a
growing pet health and wellness company focused on offering
alternative, nutrition-based products for dogs and cats. The
company's portfolio includes brands like Halo, which provides
sustainably sourced kibble, canned food, and raw-diet dog food and
treats. Better Choice benefits from trends in pet humanization and
growing consumer interest in health and wellness, with a strong
digital presence to help pet owners make informed health
decisions.
In an auditor report dated March 31, 2025, the Company's auditor,
Marcum LLP, issued a "going concern" qualification citing that the
Company has incurred significant losses and has an accumulated
deficit and may need 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.
Better Choice reported a net loss available to common stockholders
of $168,000 for the year ending Dec. 31, 2024, compared to a net
loss available to common stockholders of $22.77 million for the
year ending Dec. 31, 2023.
BEYOND COSTUMES: Hires Daniel S. Alter as Bankruptcy Attorney
-------------------------------------------------------------
Beyond Costumes, Inc. seeks approval from the U.S. Bankruptcy Court
for the Southern District of New York to hire Daniel S. Alter,
Esq., a bankruptcy attorney in Port Chester, New York, as its
counsel.
The counsel will render these services:
a. advise the Debtor with respect to its powers and duties as
Debtor-in-Possession in the continues management and operation of
its property and affairs;
b. negotiate with creditors to work out a plan of
reorganization and take steps to effectuate the plan;
c. prepare the necessary answers, orders, reports and other
legal papers;
d. appear before the courts to protect the interests of the
Debtor;
e. attend meetings and negotiate with representatives of
creditors and other parties in interest;
f. advise the Debtor in connection with any transactions
outside of the ordinary course of business;
g. represent the Debtor in connection with obtaining
post-petition financing, if necessary;
h. obtain approval of a disclosure statement and confirmation
of a plan of reorganization; and
i. perform all other legal services.
Mr. Alter's hourly rate is $500. The counsel received a retainer in
the amount of $22,000 from the Debtor's president.
Mr. Alter assured the court that he is a "disinterested person"
within the meaning of 111 U.S.C. Sec. 101(14).
Mr. Alter can be reached at:
Daniel S. Alter, Esq.
360 Westchester Avenue #316
Port Chester, NY 10573
Tel: (914) 393-2388
About Beyond Costumes, Inc.
Beyond Costumes, Inc. sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22261) on April
1, 2025.
Judge Sean H Lane presides over the case.
Daniel S. Alter, Esq. represents the Debtor as counsel.
BISHOP OF SAN DIEGO: Plan Exclusivity Period Extended to June 12
----------------------------------------------------------------
Judge Christopher B. Latham of the U.S. Bankruptcy Court for the
Southern District of California extended Roman Catholic Bishop of
San Diego's exclusive periods to file a plan of reorganization and
obtain acceptance thereof to June 12 and August 13, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtor explains that
its bankruptcy is complex and formulating a plan is a complicated
process that will require substantial time. To formulate a plan,
Debtor, the Committee, CMG and other parties are engaged in a
mediation process. The assets and insurance available to pay abuse
claims and the validity of those claims are complex and will
necessarily require time to be resolved.
The Debtor claims that it has made substantial efforts to move its
bankruptcy forward. Specifically, Debtor obtained orders on its
first day motions, schedules, and statements, reached an agreement
with the Committee, its insurer, and other interested parties to
engage mediators and continue negotiations toward a consensual
plan, and negotiated a motion to set the claims bar date with the
Committee and its insurer.
Further, Debtor obtained approval of and complied with an extensive
claims bar date notice procedure for the February 3, 2025 claims
bar date. Debtor is currently in the process of reviewing and
reconciling the voluminous claims received. The Debtor expects the
substantial progress being made to date to continue as this case
moves forward.
The Roman Catholic Bishop of San Diego is represented by:
GORDON REES SCULLY MANSUKHANI, LLP
Jeffrey D. Cawdrey, Esq.
Megan M. Adeyemo, Esq.
Kathryn M.S. Catherwood, Esq.
Kathleen M. Patrick, Esq.
Annie Carter Matthews, Esq.
101 W. Broadway, Suite 2000
San Diego, California 92101
Telephone: (619) 696-6700
Facsimile: (619) 696-7124
Email: jcawdrey@grsm.com
madeyemo@grsm.com
kcatherwood@grsm.com
kpatrick@grsm.com
amatthews@grsm.com
About The Roman Catholic Bishop of San Diego
The Roman Catholic Bishop of San Diego sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.P.R. Case No.
24-02202) on June 17, 2024. In the petition signed by Rodrigo
Valdivia, vice moderator of the Curia, the Debtor disclosed up to
$500 million in both assets and liabilities.
Judge Christopher B. Latham oversees the case.
The Debtor tapped Gordon Rees Scully Mansukhani, LLP as counsel and
GlassRatner Advisory & Capital Group, LLC, doing business as B.
Riley Advisory Services, as financial advisor. Donlin, Recano &
Company, Inc., as administrative advisor.
BOMBARDIER INC: Moody's Alters Outlook on 'B1' CFR to Positive
--------------------------------------------------------------
Moody's Ratings changed the outlook of Bombardier Inc.
("Bombardier") to positive from stable. At the same time Moody's
affirmed Bombardier's corporate family rating at B1, its
probability of default rating at B1-PD and its senior unsecured
notes rating at B1. LearJet Inc.'s backed senior unsecured revenue
bonds issued by the Connecticut Development Authority were also
affirmed at B1. Moody's also upgraded Bombardier to SGL-1 from
SGL-2.
"The outlook change to positive reflects Bombardier's rising
earnings, growth in its higher-margin aftermarket services, a
stable $14.4 billion backlog, and debt repayment plans that will
reduce leverage," stated Jamie Koutsoukis, Moody's Ratings
analyst.
RATINGS RATIONALE
Bombardier has made progress on its strategic priorities, resulting
in improved margins and earnings while reducing its absolute debt
level. The company has generated positive free cash flow since
2021, and its adjusted operating margin increased to over 10% in
2024 compared to 4% in 2021. Revenue visibility remains strong,
with a unit book to bill ratio of 1x in 2024. Additionally, the
company has reduced debt, repaying over $100 million in 2024 and an
additional $300 million year to date in 2025.
Bombardier's CFR benefits from: 1) very good liquidity over the
next year; 2) significant scale; 3) a strong market position within
the business jet market; and 4) a $14.4 billion backlog.
Bombardier's rating is constrained by: 1) its participation in the
cyclical business jet market which has a number of strong
competitors and a niche consumer base; and 2) high fixed charges of
about $700 million per year (interest and capital expenditures)
that can constrain the company's free cash flow.
Bombardier has very good liquidity over the next year (SGL-1), with
about $2.3 billion of sources versus about $200 million of uses.
Sources are cash of about $1.3 billion at Q4/24 (proforma for its
$300 million debt redemption completed January 2025), $429 million
available on its secured revolving credit facility ($450 million
ABL facility that expires in 2029), and about $600 million in free
cash flow through to March 2026. Uses are about $200 million of
financial liabilities (excluding term debt but including items such
as lease liabilities, derivative financial instruments, liabilities
related to various divestitures and government refundable
advances). The company has C$166 million of debt due in June 2026
and $150 million in December 2026. Bombardier does have meaningful
inter quarter working capital swings that require the company hold
ample liquidity.
The positive outlook reflects Moody's expectations that Bombardier
will continue to generate free cash flow and that margins and
financial leverage will improve in 2025 and 2026, with leverage
trending below 4x.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if debt to EBITDA is maintained below
4x and the company continues to generate positive free cash flow.
The ratings could be downgraded if Bombardier sees a deterioration
in its operating performance or there are problems with its ability
to deliver aircraft in line with its guidance. Quantitatively, the
rating could also be downgraded if debt to EBITDA moves towards
5.5x or EBIT to Interest falls below 1.5x.
Bombardier has a dual class share structure by where the founding
family has 50.4% of the voting rights through a special class of
stock carrying 10 votes a share. The same group also has four of
the company's 14 board seats.
The principal methodology used in these ratings was Aerospace and
Defense published in December 2024.
Headquartered in Montreal, Quebec, Canada, Bombardier Inc. is a
manufacturer of business jets.
C & C FREIGHT: Hires Paul Reece Marr PC as Counsel
--------------------------------------------------
C & C Freight Network LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Georgia to employ Paul Reece
Marr, PC as counsel.
The firm will render these services:
(a) provide the Debtor with legal advice regarding its powers
and duties;
(b) prepare on behalf of the Debtor the necessary legal papers
pursuant to the Bankruptcy Code; and
(c) perform all other legal services in the Chapter 11
bankruptcy proceeding for the Debtor which may be reasonably
necessary.
The firm will be paid at these rates:
Paul Reece Marr, Attorney $475 per hour
Paralegal $250 per hour
In addition, the firm will seek reimbursement to expenses
incurred.
Mr. Marr disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Paul Reece Marr, Esq.
Paul Reece Marr, PC
6075 Barfield Road, Suite 213
Sandy Springs, GA 30328
Tel: (770) 984-2255
Email: paul.marr@marrlegal.com
About C & C Freight Network LLC
C & C Freight Network LLC is an interstate freight carrier based in
Braselton, GA, specializing in transporting general freight,
refrigerated goods, and paper products using dry van and reefer
trailers.
C & C Freight Network LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No.
25-20475) on April 7, 2025. In its petition, the Debtor reports
estimated assets between $100,000 and $500,000 and estimated
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge James R. Sacca handles the case.
The Debtor is represented by Paul Reece Marr, Esq. at PAUL REECE
MARR, P.C.
CAMPING WORLD: Moody's Cuts CFR to B3, Alters Outlook to Stable
---------------------------------------------------------------
Moody's Ratings downgraded CWGS Enterprises, LLC's ("Camping
World") corporate family rating to B3 from B2 and its probability
of default rating to B3-PD from B2-PD. Moody's also downgraded the
ratings on Camping World's $65 million senior secured revolving
credit facility due March 2028 and $1.4 billion ($1.3 billion
outstanding) senior secured term loan B due June 2028 to B3 from
B2. The speculative grade liquidity rating (SGL) of SGL-3
(adequate) remains unchanged. The outlook has been changed to
stable from negative.
The downgrade reflects Camping World's high lease-adjusted
debt/EBITDA of 9.1x as of December 31, 2024 with Q1 2025 estimated
at about 8.1x as well as low EBITA/interest of 0.7x as of December
31, 2024 with Q1 2025 estimated at about 0.8x. Over the next 12 to
18 months, Moody's expects the new RV demand environment to be
difficult due to persistently depressed consumer confidence,
particularly in light of tariff and inflation uncertainty as well
as the potential for consumer financing rates to remain higher for
longer and the potential for credit availability to tighten.
RATINGS RATIONALE
Camping World's B3 CFR reflects the highly cyclical nature of RV
demand and that Moody's expects business conditions for RV
retailing to be challenging given the uncertain economic
environment and the increasing risk of a recession. Over the next
12-18 months, Moody's expects lease-adjusted debt/EBITDA will still
remain high and in the low-to-mid 7x range with EBITA/interest
coverage of about 1x reflecting the difficult consumer spending
environment and uncertain tariff environment. While Moody's expects
new RV sales to soften as consumers remain cautious and value
focused, Moody's believes Camping World's other revenue streams
including its large used RV business, RV parts & service, and
membership services will be more resilient and that Camping World
will carefully manage operating costs.
The B3 CFR is supported by Camping World's market position as the
largest RV retailer in a highly fragmented segment, its diversified
revenue streams between new and used vehicles, membership services,
finance & insurance and parts & service as well as the company's
focus on lower-priced towables, which is beneficial in a fragile
consumer demand environment. Camping World's B3 CFR also reflects
Moody's expectations that its financial strategy will remain
balanced with a prudent approach to capital allocation, including
shareholder returns.
The SGL-3 (adequate) is supported by cash on the balance sheet of
$208 million as of December 31, 2024 with an additional $80 million
accessible in the flooring line aggregate interest reduction
("FLAIR") offset account. Camping World's liquidity profile also
benefits from $333.4 million of net cash proceeds from the issuance
of Class A Common Equity in November 2024, some of which has since
been used to fully paydown revolver debt and to reinvest in the
busisness. Moody's expects free cash flow to be positive and cash
liquidity to remain largely in line with current levels over the
next 12-18 months. Camping World's maturities are also fairly
well-laddered. The company's $1.4 billion senior secured term loan
B is due in June 2028 ($1.3 billion outstanding). The $2.15 billion
floor plan facility inclusive of the undrawn $70 million floor plan
revolver (not rated) matures in March 2028 in the event the term
loan remains outstanding; otherwise the floor plan facility matures
in February 2030. The undrawn $65 million senior secured revolving
credit facility matures 91 days ahead of the floor plan facility or
in March 2028.
The stable outlook reflects Moody's views that Camping World's
diverisfied revenue streams will provide a level of revenue support
that should help moderate expected decline in new RV demand in
light of the difficult consumer spending and uncertain economic
environment. The stable outlook also reflects Camping World's
adequate liquidity and Moody's expectations that it will prudently
manage its liquidity and cost structure.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if liquidity weakens for any reason
including if the company demonstrates persistent negative free cash
flow or if estimated recoveries decline. Quantitatively, the
ratings could be downgraded if EBITA/interest expense is sustained
below 1.0x or lease-adjusted debt/EBITDA is maintained above 7.5x.
The ratings could be upgraded if operating performance improves
such that debt/EBITDA can maintained below 5.75x, EBITA/interest
expense can be maintained above 1.5x and free cash flow remains
strong, all through an industry cycle and if least adequate
liquidity is maintained.
Headquartered in Lincolnshire, IL, Camping World is America's
largest retailer of recreational vehicles and related products and
services with over 200 dealerships, service centers and stores
across 43 states. Revenue for 2024 was approximately $6 billion.
The company is controlled by CEO Marcus Lemonis and certain funds
controlled by Crestview Partners II GP, LP.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
CANO HEALTH: Moody's Alters Outlook on 'Caa1' CFR to Negative
-------------------------------------------------------------
Moody's Ratings affirmed CANO HEALTH, LLC's ("Cano Health")
corporate family rating at Caa1, probability of default rating at
Caa1-PD, and instrument-level ratings on its backed senior secured
bank credit facility at Caa1. At the same time, Moody's revised the
outlook to negative from stable.
The negative outlook reflects Moody's views that Cano Health faces
significant execution risk related to its turnaround efforts and
Moody's expectations that higher underlying medical utilization
will continue to curb profitability. Weakening liquidity, including
a forward view of negative free cash flow and limited external
liquidity, is also a consideration.
RATINGS RATIONALE
Cano Health's Caa1 CFR reflects its moderate scale, high financial
leverage and execution risks in stabilizing the company's business
since emergence from bankruptcy. Moody's anticipates that the
company's debt/EBITDA will trend toward 10x and that the company
will continue to burn cash in 2025 due to limited earnings
generation relative to cash needs. An inherent challenge within
Cano Health's business model is that it requires the company to
manage the cost of patient care and other expenses because it earns
revenue on a capitated basis from Medicare Advantage plan
providers. The ratings are also constrained by the company's
geographic concentration in Florida, where it generates all of its
revenue.
The company's credit profile benefits from its strong presence in
many of the largest Medicare Advantage markets in Florida with
favorable industry demographics. Cano Health also will benefit from
improved Medicare Advantage reimbursement rates in 2026.
Moody's expects that Cano Health will operate with weak liquidity
over the next 12-18 months. Moody's projects the company to
generate negative free cash flow in 2025 and trend toward breakeven
cash flow in 2026. As of December 31, 2024, the company had about
$81 million in cash, of which $49 million was unrestricted. While
the company does not have a revolving credit facility, there is a
$50 million delayed draw term loan (rated Caa1) that remains
available and, if drawn, matures June 28, 2028. Moody's anticipates
that Cano Health will draw on this facility in 2025 to support
operations.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if the company's operating
performance declines, liquidity deteriorates, or if the company is
unable to reduce leverage and improve profitability.
The ratings could be upgraded if the company executes its
turnaround strategy effectively and improves profitability and cash
flow. Demonstration of a track record of deleveraging to a
sustainable level would also support an upgrade.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
CANO HEALTH, LLC provide primary care health services in Florida
across its 80 medical centers and 250+ physician group affiliates.
Cano Health generated about $2.5 billion in revenue for the fiscal
year ended December 31, 2024.
CELSIUS NETWORK: Investors Call for Harsh Penalty for Alex Mahinsky
-------------------------------------------------------------------
Chris Dolmetsch of Bloomberg News reports that a large group of
aggrieved investors in the collapsed crypto lender Celsius Network
is pressing a federal judge to deliver a severe sentence to founder
Alex Mashinsky, who will be sentenced next month after admitting to
fraud tied to the company's 2022 downfall.
Prosecutors on Wednesday, April 23, 2025, filed more than 200
victim statements from individuals across the globe—including a
postal worker in Australia, an M&A banker in Copenhagen, and a
stuntman in New York—who invested their funds in Celsius.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred January 31, 2024.
CENTENNIAL HOUSING: Plan Exclusivity Period Extended to May 27
--------------------------------------------------------------
Judge Joseph N. Callaway of the U.S. Bankruptcy Court for the
Eastern District of North Carolina extended Centennial Housing &
Community Services Corporation's exclusive periods to file a plan
of reorganization and obtain acceptance thereof to May 27 and July
26, 2025, respectively.
As shared by Troubled Company Reporter, the Debtor requests that
the period in which it has the exclusive right to file a Plan of
Reorganization under Section 1121(b) of the Bankruptcy Code and the
acceptance period under Section 1121(c)(3) of the Bankruptcy Code
each be extended for a period of approximately sixty days.
The Debtor asserts that an order allowing the extensions as
requested in this application will not prejudice any party and is
in the best interests of the Estate and all parties in interest.
About Centennial Housing & Community Services
Centennial Housing & Community Services Corp. is a 25-bed critical
access hospital offering a broad range of healthcare services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 24-03769) on October 29,
2024, with $6,970,517 in assets and $11,730,050 in liabilities.
Todd Mobley, chairman of the board of directors, signed the
petition.
Judge Joseph N. Callaway oversees the case.
The Debtor is represented by:
Rebecca F. Redwine
Hendren Redwine & Malone, PLLC
Tel: 919-420-0941
Email: rredwine@hendrenmalone.com
Jason L. Hendren
Hendren Redwine & Malone, PLLC
Tel: 919-573-1422
Email: jhendren@hendrenmalone.com
CHANNELSIDE BREWING: Hires David Jennis P.A. as Attorney
--------------------------------------------------------
Channelside Brewing Company LLC seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ David
Jennis, P.A. as attorney.
The firm will provide these services:
a. take all necessary action to protect and preserve the
estate of the Debtor, including the prosecution of actions on its
behalf, the defense of any actions commenced against the Debtor,
negotiations concerning any litigation in which the Debtor may be
involved, and objections, when appropriate, to claims filed against
the estate;
b. prepare, on behalf of the Debtor, any applications,
answers, orders, reports, and/or papers in connection with the
administration of the estate;
c. counsel the Debtor with regard to its rights and
obligations as a Debtor-in-possession;
d. prepare and file schedules of assets and liabilities;
e. prepare and file a Chapter 11 plan and corresponding
disclosure statement, if required; and
f. perform all other necessary legal services in connection
with this Chapter 11 case.
The firm will be paid at these rates:
Paralegals $125 to 250 per hour
Attorneys $350 to $595 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
David S. Jennis, a partner at David Jennis, P.A., disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
David S. Jennis, Esq.
David Jennis, P.A. d/b/a Jennis Morse
606 East Madison Street,
Tampa, FL 33602
Telephone: (813) 229-2800
Email: djennis@jennislaw.com
About Channelside Brewing Company LLC
Channelside Brewing Company, LLC is a brewery that specializes in
crafting a variety of beers.
Channelside Brewing Company filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-00445) on January 25, 2025, listing between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities. Amy Denton Mayer of Stichter Riedel Blain & Postler,
P.A. serves as Subchapter V trustee.
Judge Catherine Peek Mcewen handles the case.
The Debtor is represented by:
Andrew Wit, Esq.
Jennis Morse
606 East Madison Street
Tampa FL 33602
Tel: (813) 229-800
Email: awit@jennislaw.com
CHARLES MONEY: Case Summary & 16 Unsecured Creditors
----------------------------------------------------
Debtor: Charles Money Logging, Inc.
651 W. Washington St.
Abbeville, AL 36310
Business Description: Charles Money Logging offers logging
services, including timber cutting,
log harvesting, and wood chipping.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
Middle District of Alabama
Case No.: 25-10442
Debtor's Counsel: J. Kaz Espy, Esq.
THE ESPY FIRM
326 N Oates St
PO Drawer 6504
Dothan, AL 36302-6504
Tel: 334-793-6288
Fax: 334-712-1617
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
Charles M. Money signed the petition in his role as president.
A full-text copy of the petition, which includes a list of the
Debtor's 16 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DHYLH2A/Charles_Money_Logging_Inc__almbke-25-10442__0001.0.pdf?mcid=tGE4TAMA
CLIFFWOOD DEVELOPMENT: Hires Levene Neale Bender as Counsel
-----------------------------------------------------------
Cliffwood Development Partners seeks approval from the U.S.
Bankruptcy Court for the Central District of California to employ
Levene, Neale, Bender, Yoo & Golubchik L.L.P. as its bankruptcy
counsel.
The firm's services include:
a. advising the Debtor concerning the requirements of the
Bankruptcy Court, Bankruptcy Code, Bankruptcy Rules, and the Office
of the United States Trustee as they pertain to the Debtor and
interacting with and cooperating with any committee appointed in
the Debtor's bankruptcy case;
b. advising the Debtor concerning certain rights and remedies
of its bankruptcy estate and the rights, claims, and interests of
creditors;
c. representing the Debtor in any proceeding or hearing in the
Bankruptcy Court involving its estate unless the Debtor is
represented in such proceeding or hearing by other special
counsel;
d. conducting examinations of witnesses, claimants or adverse
parties and representing the Debtor in any adversary proceeding
except to the extent that any such adversary proceeding is in an
area outside of LNBYG's expertise or which is beyond LNBYG's
staffing capabilities;
e. preparing and assisting the Debtor in the preparation of
reports, applications, pleadings and orders including, but not
limited to, applications to employ professionals, interim
statements and operating reports, initial filing requirements,
schedules and statement of financial affairs, lease pleadings, cash
collateral pleadings, financing pleadings, and pleadings with
respect to the Debtor's use, sale or lease of property outside the
ordinary course of business;
f. representing the Debtor with regard to obtaining use of
debtor in possession financing and/or cash collateral including,
but not limited to, negotiating and seeking Bankruptcy Court
approval of any debtor in possession financing and/or cash
collateral pleading or stipulation and preparing any pleadings
relating to obtaining use of debtor in possession financing and/or
cash collateral;
g. assisting the Debtor in any asset sale process;
h. assisting the Debtor in the negotiation, formulation,
preparation and confirmation of a plan of reorganization and the
preparation and approval of a disclosure statement in respect of
the plan; and
i. performing any other services which may be appropriate in
LNBYG's representation of the Debtor during its bankruptcy case.
The firm will be paid at these rates:
Attorneys $550 to $750 per hour
Paraprofessionals $300 per hour
In addition, the firm will receive reimbursement for out-of-pocket
expenses incurred.
During the one-year period prior to the Petition Date, the Beitler
Family Living Trust (the "Trust"), the 100% member of the Debtor,
paid the total aggregate sum of $52,000 to LNBYG as a retainer
payment to LNBYG for legal services in contemplation of and in
connection with the Debtor's chapter 11 case (the "Retainer").
Prior to the Petition date, LNBYG drew down $4,420.00 from the
Retainer for certain services rendered pre-petition.
Gary Klausner, Esq., a partner at Levene, disclosed in a court
filing that his firm is a "disinterested person" pursuant to
Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Gary E. Klausner, Esq.
Jeffrey S. Kwong, Esq.
Levene, Neale, Bender, Yoo & Golubchik L.L.P.
2818 La Cienega Ave.
Los Angeles, CA 90034
Tel: (310) 229-1234
Email: gek@lnbyg.com
jsk@lnbyg.com
About Cliffwood Development Partners
Cliffwood Development Partners LLC is a Los Angeles-based property
owner and developer involved in a variety of real estate projects,
focusing on development and investment in residential and
commercial properties.
Cliffwood Development Partners LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11786) on
March 1, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtor is represented by:
Gary E. Klausner, Esq.
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2818 La Cienega Ave.
Los Angeles, CA 90034
Tel: (310) 229-1234
Email: GEK@lnbyg.com
COLIANT SOLUTIONS: Committee Taps Jones & Walden as Legal Counsel
-----------------------------------------------------------------
The official committee of unsecured creditors of CoLiant Solutions
Inc. seeks approval from the U.S. Bankruptcy Court for the Northern
District of Georgia to employ Jones & Walden LLC as its counsel.
The firm will render these services:
(a) provide the Committee with legal advice concerning its
statutory powers and duties in connection with Debtor's Chapter 11
case;
(b) assist the Committee in investigation of the acts,
conduct, assets, liabilities, and financial condition and affairs
of the Debtor and the operation of the Debtor's businesses;
(c) participate in the formulation of a plan and analysis of
proposals by the Debtor or others in connection with formulation or
proposal of a plan;
(d) advise and analyze any proposed disposition of assets of
the Debtor outside of a plan; and
(e) perform such other legal services as may be required and
in the interest of the unsecured creditors of the estate.
The firm will be paid at these rates:
Attorneys $300 to $500 per hour
Paralegals $200 to $250 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Cameron M. McCord, Esq., a partner at Jones & Walden LLC, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Cameron M. McCord, Esq.
Jones & Walden LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Tel: (404) 564-9300
Email: cmccord@joneswalden.com
About CoLiant Solutions Inc
CoLiant Solutions Inc. offers safety and security services to
retailers and construction sites nationwide by installing security
and fire alarm systems. Wal-Mart is the Debtor's largest client,
accounting for 50% of its business. Other customers include
construction contractors, food and beverage retailers like Duncan
Brands, and department stores like Dillard's. The Debtor has
physical office locations in Springfield, Illinois, Bentonville,
Arkansas, Modesto, California, and Buford, Georgia.
CoLiant filed Chapter 11 petition (Bankr. N.D. Ga. Case No.
25-51509) on February 12, 2025, listing between $1 million and $10
million in assets and between $10 million and $50 million in
liabilities.
The Debtor is represented by William Rountree, Esq., at Rountree
Leitman Klein & Geer, LLC.
COLONIAL MILLS INC: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the District of Rhode Island issued
an interim order authorizing Colonial Mills, Inc. to use cash
collateral.
The interim order authorized the Debtor to use cash collateral
generated from cash on hand, accounts receivable and inventory to
pay post-petition ordinary expenses including payroll and payroll
taxes.
BankRI holds a valid first-priority lien on Colonial Mills' cash,
equipment, inventory, and accounts receivable under a $750,000 loan
agreement (dated March 15, 2017, with amendments).
As adequate protection, BankRI was granted a replacement
post-petition lien on all post-petition receivables and cash.
A continued hearing is scheduled for May 14.
About Colonial Mills, Inc.
Colonial Mills, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. R.I. Case No. Case No. 25-10286) with $0
to $50,000 in assets and $100,001 to $500,000 in laibilities.
Judge Hon. Diane Finkle oversees the case.
The Debtor is represented by:
Russell D. Raskin
Raskin & Berman
Tel: 401-421-1363
Email: mail@raskinberman.com
CONCRETE TRUTH: Hires Krigel Nugent + Moore as Legal Counsel
------------------------------------------------------------
Concrete Truth Title, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Missouri to hire Krigel Nugent +
Moore, P.C. to serve as attorneys.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties;
(b) attend meetings and negotiate with representatives of
creditors and other parties in interest;
(c) take all necessary action to protect and preserve the
estate;
(d) prepare on behalf of Debtor all legal papers necessary to
the administration of the estate;
(e) negotiate and prosecute on the Debtor's behalf all
contracts for the sale of assets, plan of reorganization, and all
related agreements and/or documents, and take any action that is
necessary for it to obtain confirmation of its Plan of
Reorganization;
(f) appear before this court and the United States Trustee,
and protect the interests of the Debtor's estate before the court
and the U.S. Trustee; and
(g) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with this
Chapter 11 proceeding.
The firm's counsel and staff will be paid at these hourly rates:
Sanford Krigel, Attorney $400
SJ Moore, Attorney $400
Ivan Nugent, Attorney $400
Erlene Krigel, Paralegal $300
Karen Rosenberg, Paralegal $300
Dana Wilders, Paralegal $300
Lara Pabst, Paralegal $300
Sean Cooper, Paralegal $300
Jared Marsh, Paralegal $300
Legal Assistants $100
Ms. Krigel disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Erlene Krigel, Esq.
Krigel Nugent + Moore, PC
4520 Main St., Ste. 700
Kansas City, MO 64111
Telephone: (816) 756-5800
Email: ekrigel@knmlaw.com
About Concrete Truth Title, LLC
Concrete Truth Title, LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. W.D. Mo. Case No.
25-40479) on April 3, 2025, listing $100,001 to $500,000 in both
assets and liabilities.
Judge Cynthia A Norton presides over the case.
Erlene W. Krigel, Esq. at Krigel Nugent Moore, P.C. represents the
Debtor as counsel.
CONSOLIDATED BURGER: Gets Interim OK for DIP Loan From Auxilior
---------------------------------------------------------------
Consolidated Burger Holdings, LLC and affiliates got the green
light from the U.S. Bankruptcy Court for the Northern District of
Florida, Tallahassee Division, to obtain post-petition financing.
The interim order penned by Judge Karen Specie authorized the
Debtors, on an interim basis, to obtain $1.6 million
debtor-in-possession (DIP) loan from Auxilior Capital Partners,
Inc.
The Debtors need to use DIP loan for working capital and other
general corporate purposes outlined in an approved budget.
The DIP loan carries an interest rate of 15% per annum and will
mature at the earliest of July 15; the completion of an asset sale;
confirmation of a Chapter 11 plan; or an event of default. Adequate
protection will be provided to Auxilior in the form of junior liens
and a superpriority claim, subject to a carve-out for certain
professional fees and Burger King Company, LLC's deferred cure
claims.
The Debtors are required to comply with these milestones:
a. By April 18, 2025, the Debtors must file a motion asking the
court to approve a sale process for most or all of their assets,
with terms acceptable to the lenders and Burger King Company, LLC.
b. By April 25, 2025, the court must approve that sale process
(can be extended by up to seven days with lender/BKC consent).
c. By June 5, 2025, hold an auction for the sale of assets, if
necessary (can also be extended by seven days with approval).
d. By June 9, 2025, get court approval of the sale results and
agreements, with terms acceptable to the lenders and BKC.
e. By June 30, 2025, complete the sale (closing), with up to a
seven-day extension possible.
f. Within 30 days of the bankruptcy filing, file a motion to
close and reject leases for underperforming stores, after
consulting with the DIP lender and BKC.
The interim order also authorized the Debtors to use cash
collateral from April 14 until July 15; the occurrence of an event
of default; or the Debtors' breach of any covenant,
including the failure to achieve the milestones, whichever comes
first.
Aside from the DIP loan and use of cash collateral, the Debtors
will also be provided with financial accommodations from BKC.
These financial accommodations provide substantial benefits to the
Debtors and their estates by deferring post-petition obligations of
the Debtors, which will be paid from proceeds of sale.
A final hearing is set for April 30.
About Consolidated Burger Holdings
Consolidated Burger Holdings, LLC, and its subsidiaries operate 57
Burger King restaurants across prime markets in Florida and
Southern Georgia.
On April 14, 2025, Consolidated Burger Holdings and two
subsidiaries sought Chapter 11 protection (Bankr. N.D. Fla. Lead
Case No. 25-40162).
As of Dec. 31, 2024, the Debtors' balance sheets reflect assets of
$77.9 million and liabilities of $77.9 million.
The Hon. Karen K. Specie is the case judge.
The Debtors tapped Berger Singerman, LLP as general bankruptcy
counsel, Development Specialists, Inc. as restructuring advisor,
and Peak Franchise Capital, LLC as investment banker. Omni Agent
Solutions, Inc. is the claims agent.
Auxilior Capital Partners Inc., as DIP lender, is represented by:
Theresa A. Driscoll, Esq.
Moritt Hock & Hamroff, LLP
400 Garden City Plaza
Garden City, NY 11530
(516) 873-2000
tdriscoll@moritthock.com
COSMO HOTELS: Seeks Chapter 11 Bankruptcy in California
-------------------------------------------------------
On April 21, 2025, Cosmo Hotels Management LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District
of California. According to court filing, the
Debtor reports $31,843,396 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Cosmo Hotels Management LLC
Cosmo Hotels Management LLC holds full ownership of the property
situated at 4570 West Elkhorn Blvd, Sacramento, CA 95835.
Cosmo Hotels Management LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Calif. Case No. 25-21879 )
on April 21, 2025. In its petition, the Debtor reports estimated
liabilities amounting to $31,843,396.
Honorable Bankruptcy Judge Christopher M. Klein handles the
case.
The Debtor is represented by Harry Gill, Esq. at HBG LAW, PC.
COST LESS: Gets OK to Hire J.P.S. IV LLC as Appraiser
-----------------------------------------------------
Cost Less Distributing, Inc. received approval from the United
States Bankruptcy Court for the Eastern District of Michigan to
hire J.P.S. IV, L.L.C. as its appraiser.
J.P.S. has agreed to a fee of $2,500 to appraise the Debtor's real
property located at 3302 Associates Drive, Burton, MI.
John Snyder, sole member of J.P.S. IV, L.L.C. assured the court
that his firm is a "disinterested person" within the meaning of 11
U.S.C. Sec. 101(14).
The firm can be reached through:
John Snyder
J.P.S. IV, L.L.C.
dba John Biff Snyder and Associates
1327 E Main St.
Flushing, MI 48433
Phone: (810) 234-8007
Email: jbappraisal@gmail.com
About Cost Less Distributing
Cost Less Distributing Inc. is a family-owned company in the pet
treat and pet food industry. In addition to its pet treat program,
the company now offers cell phone charger cable, Cooper Street
cookies for humans, and will soon introduce its own small batch,
gourmet popcorn.
Cost Less Distributing sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No.
24-31912) on October 7, 2024, with up to $50,000 in assets and up
to $10 million in liabilities. Matthew Ovadek, vice president,
signed the petition.
Judge Joel D. Applebaum oversees the case.
The Debtor is represented by Peter T. Mooney, Esq., at Simen,
Figura & Parker, PLC.
COVERED BRIDGE: Taps Newmark Valuation & Advisory as Appraiser
--------------------------------------------------------------
Covered Bridge Newtown, LLC and Covered Bridge Newtown I, LLC seek
approval from the U.S. Bankruptcy Court for the District of
Connecticut to hire Newmark Valuation & Advisory as real estate
appraiser.
The firm will appraise the Debtor's real property located at 9
Covered Bridge, Newtown, Connecticut.
Newmark will be compensated with a flat fee of $8,700 for the
appraisal, to be paid as a retainer.
Newmark is a "disinterested person" within the meaning of 11 U.S.C.
Sec. 101(14), according to court filings.
The firm can be reached through:
M. Scott Allen, MAI
Newmark Valuation & Advisory
2410 North Forest Road
Getzville, NY 14068
Phone: (716) 810-1221
Mobile: (716) 523-0668
Email: scott.allen@nmrk.com
About Covered Bridge Newtown
Covered Bridge Newtown, LLC is the entity responsible for
construction of the buildings at a rental complex operated by
Covered Bridge Newtown I, LLC. This property is a Class A luxury
rental complex located at 9 Covered Bridge Road, Unit 1 and Unit 3,
Newtown, Conn., with over 150 rented units. It has a 24-hour
fitness center, heated swimming pool, sun deck, and clubhouse.
The first buildings were completed in 2018. After construction on a
parcel is completed, Covered Bridge Newtown deeds the buildings to
Covered Bridge Newtown I by way of quit claim deed, after which the
latter is the landlord to its tenants. Covered Bridge Newtown I has
a full-time, on-site property manager attending to the needs of
tenants and managing the Rental Complex.
Covered Bridge Newtown and Covered Bridge Newtown I filed Chapter
11 petitions (Bankr. D. Conn. Lead Case No. 24-50833) on December
8, 2024. Each Debtor reported between $50 million and $100 million
in assets and liabilities at the time of the filing.
Judge Julie A. Manning handles the cases.
The Debtors are represented by Joanna M. Kornafel, Esq., and
Jeffrey M. Sklar, Esq., at Green & Sklarz, LLC.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
COWTOWN BUS: Seeks to Hire Griffith Jay & Michel LLP as Counsel
---------------------------------------------------------------
Cowtown Bus Charters Inc. and its affiliate, Cowtown Transportation
Company LLC, seek approval from the U.S. Bankruptcy Court for the
Northern District of Texas to hire Griffith Jay & Michel, LLP as
counsel.
The firm will provide these services:
a. advise the Debtor generally with respect to general
corporate and restructuring matters;
b. represent and advise the Debtor with respect to matters
that generally arise in this matter or an ordinary chapter 11
case;
c. assist the Debtor with the protection and preservation of
the estate of the Debtor;
d. assist the Debtor with preparing necessary motions,
applications, answers, orders, reports, and papers in connection
with and required for the orderly administration of the estate;
and
e. perform any and all other general corporate and
restructuring legal services for the Debtor in connection with the
Chapter 11 case the Debtor determines are necessary and
appropriate.
The firm will be paid at these rates:
Mark J. Petrocchi $450 per hour
Attorneys $350 to $550 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mark Petrocchi, Esq., a partner at Griffith, Jay & Michel, LLP,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Mark J. Petrocchi, Esq.
Griffith, Jay & Michel, LLP
2200 Forest Park Blvd.
Fort Worth, TX 76110
Tel: (817) 926-2500
Fax: (817) 926-2505
Email: mpetrocchi@lawgjm.com
About Cowtown Bus Charters Inc.
Cowtown Bus Charters, Inc. is a full-service bus charter company
providing local to national transportation.
Cowtown Bus Charters, Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
24-10161) on Sept. 6, 2024. In the petition signed by Brenda Cross,
president and director, the Debtor disclosed $1,237,132 in assets
and $4,370,485 in liabilities as of Aug. 22, 2024.
Judge Mark X. Mullin presides over the case.
The Debtor tapped Mark J. Petrocchi, Esq., at Griffith, Jay &
Michel, LLP as counsel.
CRUCIBLE INDUSTRIES: Seeks to Extend Plan Exclusivity to July 3
---------------------------------------------------------------
Crucible Industries LLC asked the U.S. Bankruptcy Court for the
Northern District of New York to extend its exclusivity periods to
file a plan of reorganization and obtain acceptance thereof to July
3 and September 2, 2025, respectively.
The Debtor claims that an analysis of the various factors noted
demonstrates that sufficient cause exists for extending the
Exclusivity Period and Solicitation Period to July 3 and September
2, 2025, respectively.
First, the size and complexity of this case warrants an extension
of the Exclusivity Period and Solicitation Period. Extraordinary
effort has been expended by Crucible in the administration of this
Chapter 11 Case to ensure a successful transition into chapter 11
and to implement a competitive sale process. Crucible worked
tirelessly to formulate and obtain approval of the Bidding
Procedures Order in connection with the sale of substantially of
its assets in multiple lots, including identifying, vetting, and
negotiating terms of the asset purchase agreements and conducting
an auction that led to the 363 Sales.
Second, Crucible's significant progress to date in the Chapter 11
Case also justifies the requested extension of the exclusive
periods. Crucible has worked with its key constituencies on
numerous issues and has made notable progress toward selling
substantially all of its assets.
In addition, Crucible seeks to continue to work with the Committee,
its creditors and other parties in interest to fashion an
appropriate resolution of this Chapter 11 Case. Of critical
importance first, however, is the finalization of the 363 Sales and
the determination of availability of related proceeds.
The Debtor submits that ample cause exists under the Bankruptcy
Code and the applicable case law for the requested extension of the
Exclusivity Period and Solicitation Period based upon the fact that
the Chapter 11 Case is only four months old.
Crucible Industries LLC is represented by:
Charles J. Sullivan, Esq.
Grayson T. Walter, Esq.
Andrew S. Rivera, Esq.
Bond Schoeneck & King, PLLC
One Lincoln Center
110 West Fayette St
Syracuse, NY 13202-1355
Tel: (315) 218-8336
Fax: (315) 218-8436
Email: csullivan@bsk.com
gwalter@bsk.com
arivera@bsk.com
About Crucible Industries
Crucible Industries, LLC, is a New York-based company that
manufactures and exports steel products.
Crucible Industries filed a Chapter 11 petition (Bankr. N.D.N.Y.
Case No. 24-31059) on Dec. 12, 2024. In its petition, the Debtor
reported $10 million to $50 million in both assets and
Liabilities.
Judge Wendy A. Kinsella oversees the case.
Charles J. Sullivan, Esq., at of Bond, Schoeneck & King, PLLC, is
the Debtor's legal counsel.
CUCL CORPORATION: Seeks Chapter 11 Bankruptcy in California
-----------------------------------------------------------
On April 23, 2025, CUCL Corporation filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the
Debtor reports $235,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About CUCL Corporation
CUCL Corporation is a single-asset real estate debtor, as defined
in 11 U.S.C. Section 101(51B).
CUCL Corporation sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-13300) on April 2,
2025. In its petition, the Debtor reports total assets of
$2,000,000 and total liabilities of $235,000.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtor is represented by Mark Horoupian, Esq. at GREENSPOON
MARDER LLP.
CYPRESSWOOD SPRING: Section 341(a) Meeting of Creditors on May 30
-----------------------------------------------------------------
On April 23, 2025, Cypresswood Spring Memory Care LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the Northern District of Texas. According to court filing, the
Debtor reports $10 million and $50 million in debt owed to 50
and 99 creditors. The petition states funds will be available to
unsecured creditors.
A meeting of creditors under Section 341(a) to be held on May 30,
2025 at 09:30 AM by TELEPHONE.
About Cypresswood Spring Memory Care LLC
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.
Cypresswood Spring Memory Care LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41420)
on April 23, 2025. In its petition, the Debtor reports estimated
assets between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Edward L. Morris handles the case.
The Debtor is represented by Joyce W. Lindauer, Esq. at JOYCE W.
LINDAUER ATTORNEY, PLLC.
DEEP SOUTH: Gets Final OK for $75,000 DIP Loan
----------------------------------------------
Deep South Silk, LLC received final approval from the U.S.
Bankruptcy Court for the Southern District of Alabama to obtain
post-petition financing to get through bankruptcy.
The final order penned by Judge Henry Callaway authorized the
Debtor to obtain up to $75,000 in post-petition financing through a
revolving line of credit from Sheila Ostrow, the mother of the
Debtor's owner.
The DIP loan will be secured by junior liens on all of the Debtor's
assets, except for causes of action, and will be treated as an
administrative expense under 11 U.S.C. sections 503 and 507,
subject to a carve-out for professional fees.
The loan will bear interest at 8% per annum on all amounts advanced
and will accrue from the date of each advance of the loan. Upon
occurrence of an event of default, interest will accrue at 5% per
annum on all amounts then outstanding from the date of such
default.
The Debtor has two existing secured creditors: the U.S. Small
Business Administration, which claims approximately $151,680
secured by all personal property, and ODK Capital, LLC, which
claims $161,192 secured by inventory and receivables. The Debtor
asserts that it is unable to obtain credit on better terms or on an
unsecured basis and that this DIP financing is necessary to
preserve the value of its business.
About Deep South Silk
Deep South Silk, LLC is a men's upscale clothing retailer in Orange
Beach, Alabama.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ala. Case No. 25-10248) on January 29,
2025, listing up to $50,000 in assets and between $500,001 and $1
million in liabilities.
Judge Henry A. Callaway presides over the case.
The Debtor is represented by Jason R. Watkins, Esq. at Silver Voit
Garrett & Watkins.
DHW WELL: Taps Flowers Davis PLLC as Litigation Counsel
-------------------------------------------------------
DHW Well Service, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ Flowers Davis,
PLLC as special litigation counsel.
The firm will continue to represent the Debtor in all respects in a
State Court lawsuit styled DI-IW Well Service, Inc. v. Tower
Resources, Inc., Cause No. DCCV21-2771-369.
The firm's standard current rate is $325 per hour.
As disclosed in the court filings, Flowers Davis neither holds nor
represents an interest adverse to the estate and is a disinterested
person within the meaning of 11 U.S.C. Section 327(a).
The firm can be reached through:
Rob Knight
Flowers Davis, PLLC
1021 E SE Loop 323, Suite 200
Tyler, TX 75701
Phone: (903) 534-8063
About DHW Well Service
DHW Well Service, Inc., a company in Carrizo Springs, Texas,
operates a vacuum trucking business in the South Texas oil field.
DHW Well Service sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-52436) on August 5,
2024, with up to $50,000 in assets and up to $10 million in
liabilities. Michael Colvard serves as Subchapter V trustee.
Judge Craig A. Gargotta presides over the case.
William R. Davis, Jr., Esq., at Langley & Banack, Inc., represents
the Debtor as legal counsel.
DOCUDATA SOLUTIONS: Ropes & Gray Represents Ad Hoc Group
--------------------------------------------------------
The Ad Hoc Group of Holdings of 11.5% First Priority Senior Secured
Notes Due 2026 Issued by Exela Intermediate LLC and Exela Finance
Inc. formed in the Chapter 11 cases of Docudata Solutions, LC and
affiliates, filed an amended verified statement pursuant to Rule
2019 of the Federal Rules of Bankruptcy Procedure.
The Ad Hoc Group is comprised of holders of (i) 11.5% first
priority senior secured notes due 2026 (the "April 2026 Notes"),
issued by Exela Intermediate LLC and Exela Finance Inc., and (ii)
post-petition debtor-in-possession term loans ("DIP Loans")
borrowed by debtors Exela Intermediate LLC and Exela Finance Inc.
Starting in March 2021, members of the Ad Hoc Group retained
attorneys with the firm of Ropes & Gray to represent them in
connection with their holdings of the outstanding indebtedness of
the Debtors.
Counsel does not hold any disclosable economic interests (as that
term is defined in Bankruptcy Rule 2019(a)(1)) in relation to the
Debtors.
The members of the Ad Hoc Group, collectively, beneficially own or
manage (i) approximately $489.63 million in April 2026 Notes under
the April 2026 Notes Indenture, and (ii) approximately $35.63
million in DIP Loans under the DIP Facility.
Ropes & Gray also represents Ankura Trust Company, LLC in its
capacity as administrative agent and collateral agent under the
Debtors' DIP Facility.
The names and addresses of each of the members of the Ad Hoc Group
together with the nature and amount of the disclosable economic
interests held by each of them in relation to the Debtors are as
follows:
1. Gates Capital Management, Inc., on behalf of funds managed or
advised by it
1177 Avenue of the Americas
46th Floor
New York, NY 10036
* April 2026 Notes ($291,915,995)
* New Money DIP Loans ($22,822,882)
2. Avenue Europe International Management, L.P. and Avenue Capital
Management II, L.P., each solely on
behalf of certain funds it advises
11 West 42nd Street
9th Floor
New York, NY 10036
* April 2026 Notes ($144,853,126)
* New Money DIP Loans ($11,325,059)
3. Anchorage Capital Advisors, L.P. on behalf of its affiliates and
certain of its managed funds
610 Broadway
6th Floor
New York, NY 10012
* April 2026 Notes ($33,964,868)
4. BofA Securities, Inc., solely in respect of its U.S. Distressed
and Special Situations Group and its
managed positions and not any other unit, group, division, line
of business or affiliate of BofA
Securities, Inc.
1 Bryant Park
3rd Floor
New York, NY 10069
* April 2026 Notes ($18,895,322)
* New Money DIP Loans ($1,477,293)
Counsel to the Ad Hoc Group:
ROPES & GRAY LLP
Matthew M. Roose, Esq.
Eric M. Sherman, Esq.
1211 Avenue of the Americas
New York, New York 10036-8704
Telephone: (212) 596-9000
Facsimile: (212) 596-9090
Email: matthew.roose@ropesgray.com
eric.sherman@ropesgray.com
-and-
Ryan Preston Dahl, Esq.
Eric P. Schriesheim, Esq.
191 North Wacker Drive
Chicago, Illinois 60606-4302
Telephone: (312) 845-1200
Facsimile: (312) 845-5500
Email: ryan.dahl@ropesgray.com
eric.schriesheim@ropesgray.com
About Docudata Solutions
Docudata Solutions, LC, together with their Debtors and non-Debtor
affiliates (the Company), are a global leader in business process
automation. Leveraging their worldwide presence and proprietary
technology, the Company offers high-quality payment processing and
digital transformation solutions across the Americas and Asia,
helping clients enhance efficiency and lower operational costs. The
Company has worked with over 60% of the Fortune 100 companies. They
provide essential services to top global banks, financial
institutions, healthcare payers and providers, and major global
brands. These services include finance and accounting solutions,
payment technologies, healthcare payer and revenue cycle
management, hyper-automation and remote work solutions, enterprise
information management, integrated communications and marketing
automation, as well as digital solutions for large enterprises.
Docudata Solutions and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Texas
Case No. 25-90023) on March 3, 2025. In the petitions signed by
Matt Brown, interim chief financial officer, the Debtors disclosed
$500 million to $1 billion in estimated assets and $1 billion to
$10 billion in estimated liabilities.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Hunton Andrews Kurth LLP and Latham & Watkins
LLP, Houlihan Lokey, Financial Advisors, Inc. as investment banker,
AlixPartners, LLP as financial advisor. Omni Agent Solutions, Inc.
is the Debtors' claims, noticing and solicitation agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
DOGWOOD THERAPEUTICS: Posts Wider Net Loss of $12.35M for 2024
--------------------------------------------------------------
Dogwood Therapeutics, Inc., reported a net loss of $12.35 million
on no revenue for the year ended Dec. 31, 2024, widening from a net
loss of $5.30 million a year earlier, according to its Annual
Report on Form 10-K filed with the Securities and Exchange
Commission.
The Company, which has not commercialized any products since its
inception and has no revenue from product sales, recorded an
accumulated deficit of $73.8 million as of Dec. 31, 2024. Dogwood
said most of its financial resources have been directed toward
research and development activities, including preclinical and
clinical work, and toward maintaining intellectual property.
Dogwood has financed operations through public stock offerings,
private placements of membership interests, and proceeds from
convertible promissory notes, but has consistently incurred losses
and negative cash flows since inception. As of Dec. 31, the
company's primary source of liquidity was its cash balance of $14.8
million. As of Dec. 31, 2024, the Company had $94.31 million in
total assets, $30.03 million in total liabilities, $74.41 million
in series A non-voting convertible preferred stock, and a total
stockholders' deficit of $10.12 million.
The Company anticipates its cash on hand at Dec. 31, 2024 of
approximately $14.8 million plus the additional loan proceeds of $3
million received on Feb. 18, 2025 and net offering proceeds of
$4.25 million received on March 14, 2025, will fund operations
through the first quarter of 2026.
"The Company will need to secure additional financing to fund its
ongoing clinical trials and operations beyond the first quarter of
2026 to continue to execute its strategy," the Company stated. "We
will need to finance our cash needs through public or private
equity offerings, debt financings, collaboration and licensing
arrangements or other financing alternatives." Dogwood warned that
raising funds through public or private offerings, debt financing,
or collaboration and licensing arrangements may result in
shareholder dilution and that available financing might not be
sufficient to meet its needs.
In an audit report dated March 31, 2025, Forvis Mazars LLP issued a
"going concern" qualification citing that the Company has incurred
an accumulated deficit since inception, has not generated revenue
from operations and does not expect to experience positive cash
flows from operating activities in the near term. These
conditions, along with other matters, raise substantial doubt about
the Company's ability to continue as a going concern.
Dogwood's full Form 10-K filing is available at the U.S. Securities
and Exchange Commission website at:
https://www.sec.gov/Archives/edgar/data/1818844/000155837025004167/dwtx-20241231x10k.htm
About Dogwood Therapeutics
Dogwood Therapeutics (Nasdaq: DWTX), based in Alpharetta, GA, is a
biopharmaceutical company in the development stage, focused on
advancing treatments for pain and fatigue-related disorders. Its
research pipeline includes two platforms: a non-opioid analgesic
program and an antiviral program. The lead candidate, Halneuron,
is a highly specific NaV 1.7 voltage-gated sodium channel modulator
aimed at reducing pain transmission. In clinical studies,
Halneuron has shown pain reduction in both general cancer pain and
chemotherapy-induced neuropathic pain (CINP). Interim data from
the ongoing Phase 2 CINP trial are expected in Q4 2025.
DON KEW: Seeks to Hire Morrison-Tenenbaum as Legal Counsel
----------------------------------------------------------
Don Kew Inc seeks approval from the U.S. Bankruptcy Court for the
Eastern District of New York to hire Morrison-Tenenbaum PLLC as
counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties in
the management of its estate;
(b) assist in any amendments of schedules and other financial
disclosures and in the preparation/review/amendment of a disclosure
statement and plan of reorganization;
(c) negotiate with the Debtor's creditors and take necessary
legal steps to confirm and consummate a plan of reorganization;
(d) prepare on behalf of the Debtor all necessary legal papers
in this case;
(e) appear before the Bankruptcy Court to represent and
protect the interests of the Debtor and its estate; and
(f) perform all other legal services for the Debtor that may
be necessary and proper for an effective reorganization.
The firm will be paid at these hourly rates:
Partners $595
Associates/Of Counsel $495
Paraprofessionals $350
In addition, the firm will seek reimbursement for expenses
incurred.
Prior to the petition date, the firm received an initial retainer
of $15,000 from the Debtor.
Lawrence Morrison, Esq., an attorney at Morrison-Tenenbaum,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Lawrence F. Morrison, Esq.
Morrison-Tenenbaum, PLLC
87 Walker Street, Second Floor
New York, NY 10013
Telephone: (212) 620-0938
Email: lmorrison@m-t-law.com
About Don Kew Inc
Don Kew Inc sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41678) on April 4,
2025, listing up to $50,000 in assets and $100,001 to $500,000 in
liabilities.
Judge Elizabeth S Stong presides over the case.
Lawrence Morrison, Esq. at Morrison-Tenenbaum PLLC represents the
Debtor as counsel.
DOUBLE K AH!THENTIC: Seeks to Hire Pivot Accounting as Bookkeeper
-----------------------------------------------------------------
Double K Ah!thentic Pizza, LLC and Triple KWK, Inc. seek approval
from the U.S. Bankruptcy Court for the Western District of Texas to
hire Pivot Accounting as bookkeeper.
Pivot Accounting will provide the required financial documents
which must be included with the Debtors' operating reports.
The firm will charge these fees:
Unit Bookkeeping Services Monthly $500
Onboarding Fee One-Time $1,000
QBO Essentials Software Fee Monthly $45
Complimentary Altir Account Monthly $0
Pivot Accounting represent no interest adverse to Debtors or the
estate in the matters upon which it is to be engaged, and is a
"disinterested person" within the meaning of 11 U.S.C. Sec. 327,
according to court filings.
The firm can be reached through:
Derek Carter
Pivot Accounting
238 Ponte Vedra
Park Dr. Ste. 201
Ponte Vedra Beach, FL 32082
About Double K Ah!thentic Pizza LLC
Double K Ah!thentic Pizza LLC owns a pizza shop offering authentic
Italian quality pizza.
Double K Ah!thentic Pizza LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No.:
25-10159) on February 3, 2025. In its petition, the Debtor reports
total assets of $150,848 and total debts of $1,449,922.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Robert C. Lane, Esq. at THE LANE LAW
FIRM.
E.F. MARKETING: Seeks Subchapter V Bankruptcy in Texas
------------------------------------------------------
On April 23, 2025, E.F. Marketing Group LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District
of Texas. 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 E.F. Marketing Group LLC
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.
E.F. Marketing Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-50842) on April 23,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtor is represented by Steven G. Cennamo, Esq. at LAW OFFICE
OF CENNAMO & WERNER.
EARTHSTONE ENERGY: Moody's Ups Rating on Sr. Unsecured Notes to Ba2
-------------------------------------------------------------------
Moody's Ratings upgraded Earthstone Energy Holdings, LLC's
(Earthstone) backed senior unsecured notes rating to Ba2 from Ba3
and changed the outlook to stable from positive.
RATINGS RATIONALE
The notes issued by Earthstone were legally assumed by Permian
Resources Operating, LLC (Permian Resources, Ba1 stable) following
Earthstone's acquisition and benefit from the same operating
subsidiary and parent guarantees as Permian Resources' senior
unsecured notes. As such, Earthstone Ba2 notes rating is aligned
with Permian Resources' Ba2 senior unsecured notes rating. The Ba2
rating is one notch below Permian Resources' Ba1 Corporate Family
Rating (CFR), reflecting the effective subordination of the
unsecured notes to the significant size of Permian Resources' $2.5
billion senior secured revolving credit facility.
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. It also incorporates the company's 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 is aligned with that of Permian Resources and
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.
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. Permian Resources' Ba1 CFR 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.
Earthstone Energy Holdings, LLC was acquired by Permian Resources
Operating, LLC in November 2023. 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.
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.
ECS BRANDS: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
ECS Brands, Ltd. got the green light from the U.S. Bankruptcy Court
for the District of Colorado to use its secured creditors' cash
collateral.
The order penned by Judge Thomas McNamara authorized the Debtor's
interim use of ash collateral to pay the expenses set forth in its
budget.
The U.S. Small Business Administration, Fundamental Capital, LLC,
the Colorado Department of Revenue, and any other creditor claiming
an interest in the cash collateral will be granted a replacement
lien on assets and income derived from the operation of the
Debtor's business after its Chapter 11 filing.
As additional protection, the Debtor was ordered to keep the
secured creditors' collateral insured.
A final hearing is set for May 9.
The Debtor which develops hemp-based and other wellness products,
attributes its financial struggles to industry volatility, past
litigation, and high settlement and lease modification costs.
The Debtor is attempting to continue operations, retain its small
workforce, and eventually propose a plan of reorganization that
would repay creditors.
The Debtor identifies its primary assets as receivables, equipment,
and inventory, totaling approximately $4.7 million.
The Debtor's secured debts total about $2.08 million, mainly to SBA
and Fundamental Capital.
SBA holds a lien from a $150,000 loan, which ballooned to $2
million. This lien covers nearly all business assets of the Debtor.
Meanwhile, Fundamental Capital provided a merchant advance of over
$245,000, with a 24% interest rate and weekly payments of $7,113.
Around $79,575 remains.
The Debtor is unsure about older UCC-1 filings from Corporation
Service Company and Leaf Capital Funding, though it believes those
debts have been settled.
About ECS Brands Ltd.
ECS Brands, Ltd. is a privately held company specializing in
hemp-derived products. Founded in 2018, ECS Brands focuses on
manufacturing and supplying bulk hemp extracts, white-label
products, and innovative formulations such as water-soluble nano
emulsions.
ECS Brands sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Colo. Case No. 25-12101) on April 11, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Thomas B. Mcnamara handles the case.
The Debtor is represented by Jenny M.F. Fujii, Esq., at Kutner
Brinen Dickey Riley P.C.
EDMONDS WELLNESS: Gets Final OK to Use Cash Collateral
------------------------------------------------------
Edmonds Wellness Clinic, Inc. received final approval from the U.S.
Bankruptcy Court for the Western District of Washington to use cash
collateral.
The final order authorized the Debtor to use cash collateral to
cover operational expenses for April and May as outlined in the
budget, with a 15% variance.
As adequate protection, Bankers Healthcare Group/Today's Bank was
granted replacement liens on the Debtor's post-petition cash,
accounts receivable, and inventory, and the proceeds thereof, to
the same extent and priority as any duly perfected and unavoidable
liens on cash collateral held by Bankers Healthcare Group/Today's
Bank as of the petition date.
Other secured creditors were also granted replacement liens to the
same extent, validity and priority as their pre-bankruptcy liens.
The Debtor's authority to use cash collateral ends on May 31 unless
extended, or earlier upon conversion or dismissal of its bankruptcy
case, trustee appointment, or confirmation of a Chapter 11 plan.
About Edmonds Wellness Clinic Inc.
Edmonds Wellness Clinic Inc. is a comprehensive naturopathic and
alternative medicine center located in Edmonds, Washington.
Edmonds Wellness Clinic sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-10741) on March 20,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $500,000 and $1 million in liabilities.
Judge Christopher M. Alston handles the case.
The Debtor is represented by:
Thomas D Neeleman, Esq.
Neeleman Law Group
Tel: 425-212-4800
Email: courtmail@neelemanlaw.com
ENGINE 22: Hires Lugenbuhl Wheaton as Legal Counsel
---------------------------------------------------
Engine 22, LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of Louisiana to employ Lugenbuhl Wheaton Peck
Rankin & Hubbard as counsel.
The firm will render legal advice with respect to the Debtor's
business and management of the Debtor's property and to perform all
legal services for the debtor-in-possession which may be necessary
herein.
The firm will be paid at these rates:
Christopher T. Caplinger $350 per hour
Katherine E. Clark $275 per hour
Samuel J. Riccardi $225 per hour
Shareholders/partners $325 per hour
Associates $225 per hour
Paralegals $100 per hour
The firm will be paid a retainer in the amount of $10,000. The firm
has received $5,000 paid by the Debtor's principal and sole member,
John Orgon, who has committed to personally pay the remainder of
the agreed retainer.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Caplinger disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Christopher T. Caplinger, Esq.
Lugenbuhl, Wheaton, Peck, Rankin & Hubbard
601 Poydras St., Suite 2775
New Orleans, LA 70130
Tel: (504) 568-1990
Fax: (504) 310-9195
About Engine 22, LLC
Engine 22 LLC a Single Asset Real Estate entity operating in New
Orleans, LA.
Engine 22 LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. La. Case No. 25-10575) on March 27, 2025. In its
petition, the Debtor reports estimated assets between $1 million
and $10 million and estimated liabilities between $500,000 and $1
million.
The Debtor is represented by Shermin Khan at The Khan Law Firm LLC.
ES PARTNERS: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
ES Partners, Inc. received interim approval from the U.S.
Bankruptcy Court for the Southern District of Florida, West Palm
Beach Division, to use cash collateral.
The interim order penned by Judge Erik Kimball authorized the
Debtor to use cash collateral until May 20 to pay the expenses set
forth in its budget, which projects monthly expenses of $8,211.75.
Truist Bank, Fox Funding Group, LLC and ODK Capital will be granted
a replacement lien on property acquired by the Debtor after its
bankruptcy filing similar to their pre-bankruptcy collateral.
These creditors have filed UCC-1 financing statements asserting
security interests in the Debtor's assets but Truist Bank holds the
first-priority lien covering all assets, including accounts,
receivables, equipment, and fixtures. Truist is owed approximately
$1.2 million while the estimated value of the secured assets is
around $821,000.
The Debtor recently lost a significant portion of income due to a
contract reduction from a major pharmacy client that opted to use
DoorDash instead, straining the company's ability to service its
debt. Despite this, the Debtor still generates about $401,000 in
monthly gross profit and has monthly expenses of approximately
$394,074.
A final hearing is set for May 20.
About ES Partners, Inc.
ES Partners, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14211-MAM) on April
17, 2025. In the petition signed by Steven M. Easton, CEO, the
Debtor disclosed up to $1 million in assets and up to $10 million
in liabilities.
Judge Mindy A. Mora oversees the case.
Brian K. McMahon, Esq., at Brian K. McMahon, PA, represents the
Debtor as legal counsel.
Truist Bank, as lender, is represented by:
Jay B. Verona, Esq.
SHUMAKER, LOOP & KENDRICK, LLP
101 E. Kennedy Blvd., Suite 2800
Tampa, Florida 33602
Phone (813) 229-7600
Fax (813) 229-1660
Email: jverona@shumaker.com
FAIR ANDREEN: Seeks Final Approval to Use Cash Collateral
---------------------------------------------------------
Fair Andreen, Incorporated filed with the U.S. Bankruptcy Court for
the Eastern District of Wisconsin a supplemental motion requesting
final approval to use cash collateral.
The filing followed Fair Andreen's agreement with Huntington
National Bank to remove provisions in the original proposed order
related to preliminary use of cash collateral.
The updated terms for final use of cash collateral are the same as
in the original proposed order with two material changes:
1. Adequate protection payments will increase from $6,000 per
month to $8,500 per month, starting May 1.
2. The authorization to use cash collateral ends June 30, unless
extended by agreement, Fair Andreen's Chapter 11 case is dismissed,
a trustee is appointed, or the court orders otherwise.
Huntington Bank holds a lien on all assets of the Debtor, with
collateral valued at approximately $725,000. However, Fair
Andreen's debts to Huntington Bank, totaling about $2.05 million,
are not fully secured by its collateral.
Other creditors that may have an interest in the Debtor's assets,
including cash collateral are Lau & Fehring, Inc., Itria Ventures,
LLC, Samson MCA, LLC, and Revenued, LLC.
A copy of the motion is available at https://urlcurt.com/u?l=aCvKPT
from PacerMonitor.com.
About Fair Andreen Incorporated
Fair Andreen, Incorporated, doing business as CityPress, is a
printing and graphic communications company specializing in
commercial printing, book printing, prepress, direct mail, digital
printing, and art printing services. With a strong focus on
innovation and eco-friendly solutions, the company serves diverse
industries by providing customized printing options.
Fair Andreen filed Chapter 11 petition (Bankr. E.D. Wisc. Case No.
25-21724) on April 2, 2025, listing up to $10 million in both
assets and liabilities. Steven S. Bates, president of Fair Andreen,
signed the petition.
Judge G. Michael Halfenger oversees the case.
Jerome R. Kerkman, Esq., at Kerkman & Dunn, represents the Debtor
as legal counsel.
Huntington Bank, as secured creditor, is represented by:
Matthew L. Hendricksen, Esq.
Plunkett Cooney PC
221 N. LaSalle Street, Suite 3500
Chicago, IL 60601
Tel: 312-970-3495
Email: mhendricksen@plunkettcooney.com
FAIR ANDREEN: Seeks to Hire Abacus Group LLC as Accountant
----------------------------------------------------------
Fair Andreen, Incorporated seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Wisconsin to employ Abacus Group,
LLC as accountants.
The firm will assist in preparing the monthly operating reports,
tax returns, and other accounting work the Debtor requires during
the bankruptcy proceedings.
Abacus Group will charge a flat fee of $ 625 per week. For services
outside of the flat fee amount, Abacus will charge hourly rates
that range from $125 to $375.
Abacus is a "disinterested person" within the meaning of Sec.
101(14) of the Code and does not hold an interest adverse to the
Debtor's estate as required by Sec. 327(a) of the Code, according
to court filings.
The firm can be reached through:
William Hutchinson, CPA
Abacus Group, LLC
655 3rd Avenue
New York, NY 10017
About Fair Andreen, Incorporated
Fair Andreen Inc., doing business as City Press, is a commercial
printing company with facilities in Wisconsin and Illinois.
Fair Andreen Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Wis. Case No. 25-21724) on April 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Jerome R. Kerkman, Esq. at Kerkman &
Dunn.
FAM BAM: Hires CORE Real Estate Group as Real Estate Broker
-----------------------------------------------------------
Fam Bam, LLC seeks approval from the U.S. Bankruptcy Court for the
Central District of California to employ CORE Real Estate Group as
real estate broker.
The firm will market and sell the Debtor's residential real
property located at 732 St. Katherine Dr., La Canada Flintridge, CA
91011.
The firm will be paid 2.5 percent of the total purchase price of
the property.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
John Patrick Dowd
CORE Real Estate Group
9663 Santa Monica Blvd., Suite 359
Beverly Hills, CA 90210
Tel: (310) 230-8300
About Fam Bam, LLC
Fam Bam LLC is a limited liability company in La Canada, Calif.
Fam Bam filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-10615) on January
28, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and liabilities.
Honorable Bankruptcy Judge Julia W. Brand handles the case.
The Debtor is represented by Todd M. Arnold, Esq., at Levene,
Neale, Bender, Yoo & Golubchik LLP, in Los Angeles, California.
FLEET RENTS: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Fleet Rents LLC
d/b/a Rock Fleet Maintenance Services
1250 Bethlehem Pike
Suite S-343
Hatfield, PA 19440
Business Description: Fleet Rents provides full-service
maintenance and repair for commercial
vehicles and equipment. The Company offers
a range of services including project ramp-
ups, preventative maintenance, DOT annual
inspections, nationwide campaigns,
mechanical repairs, and fabrication and
welding.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
Eastern District of Pennsylvania
Case No.: 25-11605
Judge: Hon. Patricia M Mayer
Debtor's Counsel: Ronald S. Gellert, Esq.
GELLERT SEITZ BUSENKELL & BROWN LLC
901 Market St.
Suite 3020
Philadelphia, PA 19107
Tel: 215-238-0015
E-mail: rgellert@gsbblaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Joseph Cherone as president.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/2B2AZ3I/Fleet_Rents_LLC__paebke-25-11605__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2HFAN7A/Fleet_Rents_LLC__paebke-25-11605__0001.0.pdf?mcid=tGE4TAMA
FOSTER AND SCHELL: Taps Patten Peterman Bekkedahl as Attorney
-------------------------------------------------------------
Foster and Schell, Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Montana to hire Patten, Peterman,
Bekkedahl & Green, PLLC as its attorneys.
The professional services include general counseling and local
representation before the Bankruptcy Court in connection with this
case.
The hourly rates of the firm's counsel and staff are:
James A. Patten, Esq. $450
Molly S. Considine, Esq. $350
Other attorneys $250 - $450
Other Paralegals $90 - $195
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $4,700 from the Debtor.
James Patten, Esq., a partner at Patten, Peterman, Bekkedahl &
Green, disclosed in a court filing that his firm is a
"disinterested person" as that term is defined in Section 101(14)
of the Bankruptcy Code.
The firm can be reached through:
James A. Patten, Esq.
Molly S. Considine, Esq.
PATTEN, PETERMAN, BEKKEDAHL & GREEN, PLLC
2817 2nd Avenue North, Ste. 300
P.O. Box 1239
Billings, MT 59103
Telephone: (406) 252-8500
Facsimile: (406) 294-9500
Email: apatten@ppbglaw.com
mconsidine@ppbglaw.com
About Foster and Schell, Inc.
Foster and Schell, Inc. sought protection for relief under Chapter
11 of the Bankruptcy Code (Bankr. D. Montana Case No. 25-10056) on
April 4, 2025, listing $50,001 to $100,000 in assets and $500,001
to $1 million in liabilities.
James A. Patten, Esq. at Patten, Peterman, Bekkedahl & Green PLLC
represents the Debtor as counsel.
FOUR HATS: Gets Interim OK to Use Cash Collateral
-------------------------------------------------
Four Hats Inc. received interim approval from the U.S. Bankruptcy
Court for the Northern District of Georgia, Newnan Division, to use
cash collateral.
The interim order authorized the Debtor to use cash collateral
during the period from April 15 until entry of a subsequent order
modifying its authority to access cash collateral; the close of
business on May 2; termination of the Debtor's use of the
collateral, whichever comes first.
Bank of America, a secured creditor, will be granted a replacement
security interest in all assets created or acquired by the Debtor
after the petition date similar to its pre-bankruptcy collateral.
As additional protection, BofA will receive payment in the amount
of $10,000 during the interim period.
Bank of America claims $931,500 in secured debt while other
claimants -- some represented by entities such as Vstate Filings,
First Corporate Solutions, and Corporate Service Company -- are
believed to include BF Holdings LLC, Family Funding Group LLC, and
Cambridge Advance, with estimated claims ranging from $46,000 to
$130,000 each.
Additional secured claims include approximately $34,981 by 968 West
Veterans Realty LLC, $81,900 by Thoro Corporation, and $500,000 by
G and G Funding Group LLC. As of the filing, the Debtor had
approximately $9,195.25 in cash and about $793,000 in outstanding
accounts receivable.
About Four Hats Inc.
Four Hats Inc. is a veteran-owned company that specializes in
providing traffic control services and equipment. Established in
2015, the Company operates in Georgia and Texas, serving industries
such as construction, utilities, film and special events, and
emergency response. Four Hats Inc. is committed to ensuring safety
and efficiency through certified professionals handling traffic
management solutions like flagging, lane shifts, utility crossings,
and detours.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-10554) on April 15,
2025. In the petition signed by David Garten, sole shareholder and
president, the Debtor disclosed up to $10 million in both assets
and liabilities.
Leslie Pineyro, Esq., at JONES & WALDEN LLC, represents the Debtor
as legal counsel.
FRANCISCAN FRIARS: Seeks to Extend Plan Exclusivity to August 22
----------------------------------------------------------------
Franciscan Friars of California, Inc. ("FFCI") asked the U.S.
Bankruptcy Court for the Northern District of California to extend
its exclusivity periods to file a plan of reorganization and
disclosure statement, and obtain acceptance thereof to August 22
and October 22, 2025, respectively.
The Debtor claims that this case is complex. Among other factors,
there are 94 pending sexual abuse cases and approximately 800
creditors. There are also several insurance companies and
nondebtors that may be called upon to contribute to a plan of
reorganization. Negotiation with these creditors, insurance
companies, and others will require significant time.
The Debtor explains that it is making good progress toward a
reorganization. The claims bar date has now passed, and there are
more than 90 claims on file. The Debtor has also made significant
progress in responding to extensive document production requests by
the Committee.
Most importantly, on March 12, 2025, the Debtor and the Committee
filed their Mediation Motion which requests that the Court: (a)
refer the Debtor, the Committee, the Debtor's insurers, the
Associated Ministries (as defined in the motion), Franciscan
Ministries, Inc., and any other party that wishes to participate to
mediation; (b) appoint Mark G. Worischeck, Esq. as mediator; and
(c) approve a stipulation for relief from the automatic stay to
allow four to eight state court actions to proceed to liquidate
claims but not enforce them.
The Debtor asserts that the Mediation Motion also requests
authority to fund a deposit to reserve three mediation sessions.
The first mediation session is scheduled for May 14, 2025. The
second and third mediation sessions may extend into June and July,
2025. The Debtor will be prepared to propose a plan of
reorganization shortly after the mediation concludes. Accordingly,
the Debtor requests that the exclusivity periods for filing a plan
and obtaining acceptances be extended to August 22, 2025, and
October 22, 2025, respectively.
The Debtor further asserts that there are reasonable prospects for
a viable plan of reorganization in light of the availability of
insurance proceeds and potential contributions by third parties. In
the meantime, the Debtor is paying its post-petition debts as they
come due. There is no indication that the Debtor is seeking an
extension to pressure creditors.
Franciscan Friars of California, Inc. is represented by:
Robert G. Harris, Esq.
Julie H. Rome-Banks, Esq.
Wendy W. Smith, Esq.
Reno Fernandez, Esq.
BINDER MALTER HARRIS & ROME-BANKS LLP
2775 Park Avenue
Santa Clara, CA 95050
Tel: (408) 295-1700
Fax: (408) 295-1531
Email: rob@bindermalter.com
julie@bindermalter.com
wendy@bindermalter.com
reno@bindermalter.com
About Franciscan Friars of California
Franciscan Friars of California, Inc. is a tax-exempt religious
organization in Oakland, Calif. The Debtor was formed to provide
religious, charitable, and educational acts, ministry, and service
to the poor.
Franciscan Friars of California, Inc., filed its voluntary petition
for Chapter 11 protection (Bankr. N.D. Cal. Case No. 23-41723) on
Dec. 31, 2023, listing $1 million to $10 million in assets and $10
million to $50 million in liabilities. David Gaa, OFM, president
of the Debtor, signed the petition.
Judge William J. Lafferty oversees the case.
The Debtor tapped Binder Malter Harris & Rome-Banks LLP as
bankruptcy counsel; Hanson Bridgett LLP, Weintraub Tobin Chediak
Coleman Grodin Law Corporation, and Bledsoe, Diestel, Treppa &
Crane LLP as special counsel; and GlassRatner Advisory & Capital
Group LLC, doing business as B. Riley Advisory Services, as
financial advisor. Donlin, Recano & Company, Inc. is the Debtor's
administrative advisor.
The U.S. Trustee appointed an official committee of unsecured
creditors. The committee selected Lowenstein Sandler LLP and
Keller Benvenutti Kim LLP as counsel and Berkeley Research Group,
LLC as its financial advisor.
GCI LLC: Moody's Affirms 'B1' CFR, Outlook Remains Stable
---------------------------------------------------------
Moody's Ratings affirmed the B1 corporate family rating of GCI, LLC
(GCI), a provider of data, mobile, video, voice, and managed
services to consumer and commercial customers throughout Alaska.
Moody's also affirmed the company's B1-PD probability of default
rating and B3 senior unsecured notes rating. The speculative grade
liquidity rating (SGL) remains unchanged at SGL-2. Moody's
maintained the stable outlook.
The company refinanced its existing senior secured bank credit
facility (not rated) with a new senior secured bank credit facility
(not rated) comprised of a $300 million senior secured term loan A
due March 2031 and a $450 million revolver expiring March 2030. The
term loan and revolver mature in March 2031 and March 2030,
respectively, if the company's senior unsecured notes due October
2028 are repaid or refinanced. The term loan and revolver would
mature 91 days prior to the senior unsecured notes maturity if the
notes are not addressed prior to that. Proceeds from the term loan
were used to repay the existing term loan, repay $50 million of the
outstanding revolver balance, pay fees and expenses related to the
transaction, and add cash to the balance sheet.
The affirmation of the B1 CFR reflects Moody's expectations that,
over the next 12 months, GCI will maintain financial leverage below
3.5x and at least a good liquidity profile. The company's parent,
Liberty Broadband, is expected to spin off GCI by way of a
distribution to Liberty Broadband's common stockholders and is
expected to close in the second or third quarter of this year.
According to the terms of GCI's credit agreement and bond
indenture, the proposed spin-off of GCI does not constitute a
change of control and does not require a refinancing of GCI's
existing capital structure. Post spin-off, Moody's anticipates
GCI's financial policy as a standalone public entity will remain
relatively unchanged.
Also hanging in the balance is the Fifth Circuit's Court of Appeals
ruling from July 24, 2024 that found the Universal Service Fund
(USF), a program that uses contributions from telecommunications
companies to subsidize telecommunications services for underserved
areas, as unconstitutional. GCI's exposure and reliance on USF
subsidies has grown over the last several years, comprising 42% of
2024 revenue. The Supreme Court heard oral arguments in the case on
26 March 2025, and a decision on the case is expected by the end of
June.
RATINGS RATIONALE
GCI's B1 CFR reflects the company's small scale, limited geographic
diversity with an economy highly dependent on volatile oil markets,
and governance risk including highly concentrated ownership. Credit
constraints also include the company's high, and increasing,
concentration of USF subsidies as a percentage of total revenue
exacerbated by uncertainty and risk from potential USF reform and
the ongoing Supreme Court trial. GCI has a significant revenue mix
governed by regulatory oversight which has periodically slowed
collections, created working capital and free cash flow deficits,
and caused material and unfavorable changes in pricing and revenue.
Strong competition in wireless, increased competition from
non-geostationary satellites, secular declines in video (which the
company plans to exit later this year), and wireline voice weigh on
performance.
The rating is also supported by GCI's strong market position in
Alaska as a leading communications provider and moderate financial
leverage of 3x as of year-end 2024. GCl's fiber and wireless
networks position the company competitively within its network
footprints against competitors for broadband data, voice and
wireless services to both residential and commercial customers.
Strong broadband demand supports strong and stable EBITDA margins
in the low 40% range, and largely offsets weaknesses in other areas
of the business. Liquidity is also good.
The senior unsecured notes are rated B3, two notches below the B1
CFR, reflecting its subordination to the senior secured bank credit
facilities (not rated), consisting of a $450 million revolver
expiring March 2030 and a $300 million outstanding term loan A due
March 2031 (though subject to a springing maturity). The instrument
rating reflects the probability of default of the Company, as
reflected in the B1-PD Probability of Default Rating, and an
average expected family recovery rate of 50% at default given the
mixed capital structure with both senior and junior claim
priorities. A $4 million note payable to Wells Fargo is ranked pari
passu with the senior unsecured notes.
GCI's SGL-2 speculative grade liquidity rating reflects good
liquidity supported by its cash balances, ample capacity under its
revolving credit facility despite a partial draw, and significant
covenant headroom. Alternate sources of liquidity are limited. For
year-end 2024, GCI generated $30 million in pre-dividend free cash
flow. Internal sources of cash flow include $74 million of
unrestricted cash and Moody's expectations of no dividend
distributions and positive free cash flow expected over the next 12
months. Pro forma for the refinancing transaction and $50 million
paydown of the existing revolver, $292 million was available under
its $450 million revolver. The bank credit facility is subject to a
4.0x maximum first lien leverage maintenance covenant and 2
incurrence covenants, specifically 4.5x secured leverage and 6.5x
total leverage tests. Moody's believes the company is, and will
remain, comfortably in compliance with these covenants over the
next 12 months. Moody's believes there is limited alternate
liquidity given the mixed capital structure, with nearly half
secured. Assets can be easily identified and sold off and have
marketable value and ready buyers.
The stable outlook is based on Moody's views that the company will
grow revenue in the low single-digit percentages, generate positive
free cash flow, and sustain good liquidity while maintaining debt
to EBITDA below 3.5x over the next 12 months. The stable outlook
also assumes GCI will not pay any dividend distributions for the
rest of 2025.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if debt to EBITDA is sustained below
3.25x and free cash flow to debt is sustained above 10%. An upgrade
could also be considered if scale and diversity increased,
including a reduced concentration of USF subsidies as a percentage
of total revenue, and financial policy turned more conservative.
The ratings could be downgraded if debt to EBITDA is sustained
above 4.25x, or free cash flow to debt is sustained below 5%. A
downgrade could also be considered if liquidity deteriorated, the
scale or diversity of the business declined, financial policy
turned more aggressive, or financial performance declined
materially. Any legal or regulatory change resulting in a material
reduction of USF funding provided to GCI that contributes to a
weaker financial profile would likely result in a negative rating
action.
The principal methodology used in these ratings was
Telecommunications Service Providers published in November 2023.
GCI, LLC's principal operating asset is a leading integrated,
facilities-based communications provider based in Anchorage,
Alaska, offering local and long-distance voice, wireless, video,
and data services to consumer and commercial customers throughout
the state. The Company, wholly owned by Liberty Broadband,
generated approximately $1 billion in revenue for the year-end
2024.
GENUINE GENIUS: Hires Larson & Zirzow LLC as Bankruptcy Counsel
---------------------------------------------------------------
Genuine Genius Technologies LLC seeks approval from the U.S.
Bankruptcy Court for the District of Nevada to hire Larson &
Zirzow, LLC as its bankruptcy counsel.
The firm will render these services:
(a) prepare on behalf of the Debtor, as debtor in possession,
all necessary or appropriate motions, applications, answers,
orders, reports, and other papers in connection with the
administration of the Debtor's bankruptcy estate;
(b) take all necessary or appropriate actions in connection
with a plan of reorganization and all related documents, and such
further actions as may be required in connection with the
administration of the Debtor's estate;
(c) take all necessary actions to protect and preserve the
Debtor's estate including the prosecution of actions on the
Debtor's behalf, the defense of any actions commenced against the
Debtor, the negotiation of disputes in which the Debtor are
involved, and the preparation of objections to claims filed against
the Debtor' estate; and
(d) perform all other necessary legal services in connection
with the prosecution of the Chapter 11 Case.
The firm will be paid at these hourly rates:
Zachariah Larson, Esq., Principal $650
Benjamin Chambliss, Esq., Associate Attorney $500
Patricia Huelsman, Paralegal $295
In addition, the firm will seek reimbursement for expenses
incurred.
Larson & Zirzow received a pre-petition retainer in the amount of
$50,000.
Mr. Zirzow disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Matthew C. Zirzow, Esq.
Larson & Zirzow, LLC
850 E. Bonneville Ave.
Las Vegas, NV 89101
Tel: (702) 382-1170
Fax: (702) 382-1169
Email: mzirzow@lzlawnv.com
About Genuine Genius Technologies LLC
Genuine Genius Technologies LLC DBA XVoucher is a global platform
that simplifies the management and distribution of learning and
credentialing programs. It offers businesses a streamlined solution
for voucher management, e-commerce, and payment processing,
ensuring tax compliance and operational efficiency. Xvoucher
enables organizations to scale their learning programs and improve
access to educational resources for resellers, enterprises, and
their customers.
Genuine Genius Technologies LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 25-11946) on
April 3, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge August B. Landis handles the case.
The Debtor is represented by Matthew C. Zirzow, Esq. at LARSON &
ZIRZOW, LLC.
GIAAH LLC: L. Todd Budgen Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Region 21 appointed L. Todd Budgen, Esq., a
practicing attorney in Longwood, Fla., as Subchapter V trustee for
GIAAH, LLC.
Mr. Budgen will be paid an hourly fee of $400 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Budgen declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
L. Todd Budgen, Esq.
P.O. Box 520546
Longwood, FL 32752
Tel: (407) 232-9118
Email: Todd@C11Trustee.com
About GIAAH LLC
GIAAH, LLC filed voluntary Chapter 7 petition (Bankr. M.D. Fla.
Case No. 25-01232) on March 3, 2025. The case was converted to one
under Chapter 11 on March 24, 2025.
Judge Grace E. Robson presides over the case.
The Debtor is represented by:
Eric Morgan, Esq.
Morgan Law, P.A.
2800 Aurora Road, Ste. J
Melbourne, FL 32935
Phone: (321) 253-6223
SpaceCoastLawyer@gmail.com
GLOBAL PREMIER: Hires Winthrop Golubow Hollander as Counsel
-----------------------------------------------------------
Global Premier Regency Palms Oxnard, LP seeks approval from the
U.S. Bankruptcy Court for the Central District of California to
employ Winthrop Golubow Hollander, LLP as its general insolvency
counsel.
The firm will render these services:
a. advise and assist the Debtor with respect to compliance
with the requirements of the Office of the United States Trustee;
b. advise the Debtor regarding matters of bankruptcy law,
including the rights and remedies of the Debtor in regard to its
assets and to the claims of its creditors;
c. represent the Debtor in any proceedings or hearings in this
Court and in any proceedings in any other court where the Debtor's
rights under the Bankruptcy Code may be litigated or affected;
d. conduct examinations of witnesses, claimants, or adverse
parties and to prepare, and to assist the Debtor in the preparation
of, reports, accounts, and pleadings related to the Debtor's case;
e. advise the Debtor concerning the requirements of the
Bankruptcy Court, the Federal Rules of Bankruptcy Procedure and the
Local Bankruptcy Rules;
f. file any motions, applications or other pleadings
appropriate to effectuate the Debtor's reorganization;
g. review claims filed in the Debtor's case, and, if
appropriate, to prepare and file objections to disputed claims;
h. assist the Debtor in the negotiation, formulation,
confirmation, and implementation of its Chapter 11 plan;
i. take such other action and perform such other services as
the Debtor may require of the Firm in connection with its case;
and
j. address any other bankruptcy-related issues that may arise
in the Debtor's case.
The firm will be paid at these rates:
Marc J. Winthrop $895 per hour
Robert E. Opera $895 per hour
Sean A. O'Keefe $895 per hour
Richard H. Golubow $795 per hour
Garrick A. Hollander $795 per hour
Peter W. Lianides $795 per hour
John D. Giampolo $695 per hour
P.J. Marksbury $350 per hour
Jeannie Martinez $295 per hour
Sylvia Villegas $225 per hour
The firm will be paid a retainer of $40,000.
The Firm was owed $105,443.24 and wrote off the balance owing.
Garrick Hollander, Esq., a partner at Winthrop Golubow Hollander,
disclosed in a court filing that the firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Garrick A. Hollander, Esq.
Winthrop Golubow Hollander, LLP
1301 Dove Street, Suite 500
Newport Beach, CA 92660
Telephone: (949) 720-4100
Facsimile: (949) 720-4111
Email: ghollander@wghlawyers.com
About Global Premier Regency Palms Oxnard, LP
Global Premier Regency Palms Oxnard LP owns and operates Regency
Palms Oxnard, an assisted living and memory care facility located
at 1020 Bismark Lane in Oxnard, California. The facility offers a
range of services, including assistance for independent residents
and specialized memory care programs developed through extensive
research and experience.
Global Premier Regency Palms Oxnard LP sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10614)
on March 1, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million each.
The Debtor is represented by Garrick A. Hollander, Esq., at
WINTHROP GOLUBOW HOLLANDER, LLP.
GREEN TERRACE: Case Summary & 17 Unsecured Creditors
----------------------------------------------------
Debtor: Green Terrace Condominium Association, Inc.
2800 Georgia Avenue
West Palm Beach, FL 33405
Business Description: Green Terrace Condominium Association, Inc.
is a not-for-profit corporation established
in 1973 that manages Green Terrace
Condominiums, a two-story residential
complex in West Palm Beach, Florida. The
association oversees amenities including a
community pool, clubhouse, and parking, and
permits rentals under specific restrictions.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-14568
Judge: Hon. Mindy A Mora
Debtor's Counsel: Michael J. Niles, Esq.
BERGER SINGERMAN LLP
201 E. Las Olas Boulevard
Suite 1500
Fort Lauderdale, FL 33301
Tel: 850-561-3010
E-mail: mniles@bergersingerman.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Moshe M. Stern as president.
A copy of the Debtor's list of 17 unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/D3MEEEA/Green_Terrace_Condominium_Association__flsbke-25-14568__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DSYB4MI/Green_Terrace_Condominium_Association__flsbke-25-14568__0001.0.pdf?mcid=tGE4TAMA
GSTK PROPERTIES: Seeks to Hire CORE as Real Estate Broker
---------------------------------------------------------
GSTK Properties, LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California to employ CORE Real Estate
Group as real estate broker.
The firm will market and sell the Debtor's residential real
property located at 2020 Oakridge Rd., Stevenson Ranch, CA 91381.
The firm will be paid 2.5 percent of the total purchase price of
the property.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
John Patrick Dowd
CORE Real Estate Group
9663 Santa Monica Blvd., Suite 359
Beverly Hills, CA 90210
Tel: (310) 230-8300
About GSTK Properties, LLC
GSTK Properties LLC is a California-based real estate company,
operates from its principal location in Pacoima, California.
GSTK Properties LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10144) on January 28,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Martin R. Barash handles the case.
The Debtor is represented by Todd M. Arnold, Esq., at Levene,
Neale, Bender, Yoo & Golubchik L.L.P., in Los Angeles, California.
HANDLOS FINISHING: Seeks Chapter 11 Bankruptcy in Iowa
------------------------------------------------------
On April 23, 2025, Handlos Finishing LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Iowa. According to court filing, the Debtor reports between
$50 million and $100 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Handlos Finishing LLC
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.
Handlos Finishing LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No.: 25-00669) on April 23,
2025. In its petition, the Debtor reports estimated assets between
$1 million to $10 million and estimated liabilities between $50
million and $100 million.
The Debtor is represented by Jeffrey D. Goetz, Esq. at DICKINSON,
BRADSHAW, FOWLER & HAGEN, PC.
HARLING INC: Gets Interim OK to Use Cash Collateral Until May 21
----------------------------------------------------------------
Harling, Inc. got the green light from the U.S. Bankruptcy Court
for the Northern District of Illinois, Eastern Division, to use
cash collateral retroactive to March 20.
The order penned by Judge Jacqueline Cox authorized the Debtor's
interim use of cash collateral until May 21 to pay the expenses set
forth in its budget.
As protection from any diminution in the value of its collateral,
Byline Bank was granted first-priority lien on post-petition
property of the Debtor, including all proceeds and products
thereof, to the same extent and with the same priority as its
pre-bankruptcy lien.
The next hearing is set for May 20.
The Debtor previously entered into two loan agreements with Byline
Bank: one for $250,000 and another for $1,050,000, both secured by
the Debtor's assets, including equipment, inventory, accounts
receivable, and general intangibles. Byline Bank has filed proofs
of claim for $218,647 and $741,213 on those respective loans.
The Debtor's schedules list total assets of $29,137, primarily
composed of $21,447 in accounts receivable and $3,500 in office
furniture and equipment.
About Harling Inc.
Harling Inc., located in Broadview, Illinois, specializes in
masonry facade repair, restoration, and building waterproofing
services for commercial, industrial, and institutional buildings.
The Company offers services such as tuckpointing, concrete
restoration, brick replacement, lintel repair, and parapet repair.
With a focus on high-quality craftsmanship and customer
satisfaction, Harling Inc. successfully completes more than 90
projects each year, prioritizing safety and excellence in all their
work.
Harling Inc. sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-04324) on March
1, 2025. In its petition, the Debtor reported between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Judge Jacqueline P. Cox handles the case.
The Debtor is represented by Joel Schechter, Esq., at the Law
Offices of Joel A. Schechter.
HARRAH LAND: To Sell Seminole Property to Caleigh Crowley for $232K
-------------------------------------------------------------------
Harrah Land FC, LLC seeks permission from the U.S. Bankruptcy Court
for the Eastern District of Oklahoma, to sell Real Estate, free and
clear of liens, interests, and encumbrances.
The Debtor's Property is located at 2809 Landmark Drive, Seminole,
Oklahoma.
The Debtor receives a new home construction contract from Caleigh
Crowley to purchase and sell the house for $232,250.
The lienholders of the Property include Tinker Federal Credit
Union, Pioneer Supply Company, Rempel Rock N Ready Inc., and Mill
Creek Lumber & Supply Co.
The Debtor believes that the sale the Property are in the best
interest of the estate.
About Harrah Land FC
Harrah Land FC, LLC, is a limited liability company organized with
the Office of the Secretary of State of Oklahoma on Match 15,
2012.
The Debtor filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. E.D. Okla. Case No. 24-80401) on May
21, 2024, listing $7,862,207 in assets and $7,013,314 in
liabilities. Stephen Moriarty, Esq., at Fellers, Snider,
Blankenship, Bailey & Tippens, P.C., serves as Subchapter V
trustee.
Judge Paul R. Thomas presides over the case.
Scott P. Kirtley, Esq., at Riggs, Abney, Neal, Turpen, Orbison &
Lewis, is the Debtor's counsel.
HAVOC BREWING: Case Summary & Nine Unsecured Creditors
------------------------------------------------------
Debtor: Havoc Brewing Company LLC
39 West St
Pittsboro, NC 27312
Business Description: Havoc Brewing Company is a veteran-owned
craft brewery based in Pittsboro, North
Carolina. Founded in 2023, the Company
operates a 6,500-square-foot taproom that
features award-winning beers, a coffee bar,
and regular community events such as trivia
nights, live music, and food trucks.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
Eastern District of North Carolina
Case No.: 25-01498
Judge: Hon. Pamela W McAfee
Debtor's Counsel: Joseph Z. Frost, Esq.
BUCKMILLER & FROST, PLLC
4700 Six Forks Road, Suite 150
Raleigh, NC 27609
Tel: 919-296-5040
Fax: 919-890-0356
E-mail: jfrost@bbflawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Michael Pipkin as manager.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SREZ77Y/Havoc_Brewing_Company_LLC__ncebke-25-01498__0001.0.pdf?mcid=tGE4TAMA
HDTSOKANOS LLC: Hires Shiryak Bowman Anderson as Attorney
---------------------------------------------------------
Hdtsokanos LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire Shiryak Bowman Anderson
Gill & Kadochnikov, LLP as its attorneys.
The firm will render these services:
(a) assist the Debtor in administering the Debtor's Chapter 11
case;
(b) make such motions and court appearances or take such
action as may be appropriate or necessary under the Bankruptcy
Code;
(c) take such steps as may be necessary for the Debtor to
marshal and protect the estate's assets;
(d) negotiate with the Debtor's creditors in formulating a
plan of reorganization in this case;
(e) draft and prosecute the confirmation of the Debtor's plan
of reorganization in this case; and
(f) render such additional services as the Debtor may require
in this case.
The firm will be paid at these hourly rates:
Partner $625
Associate $475
Paralegals/Law Clerks $200
The firm received a pre-petition retainer of $15,000 from the
Debtor.
`
Btzalel Hirschborn, Esq., an associate at Shiryak Bowman Anderson
Gill & Kadochnikov, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Btzalel Hirschborn, Esq.
Shiryak Bowman Anderson Gill & Kadochnikov, LLP
80-02 Kew Gardens Rd., Ste. 600
Kew Gardens, NY 11415
Telephone: (718) 263-6800
Facsimile: (718) 520-9401
Email: bhirschhorn@sbagk.com
About Hdtsokanos LLC
Hdtsokanos LLC possesses a building at 24-35 27th Street, Astoria,
NY 11102, with an estimated worth of $2.45 million.
Hdtsokanos LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40606) on February 6,
2025. In its petition, the Debtor reports total assets of
$2,485,638 and total liabilities of $1,634,678.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtor is represented by Btzalel Hirschhorn, Esq., at SHIRYAK,
BOWMAN, ANDERSON, GILL & KADOCHNIKOV, LLP, in Kew Gardens, New
York.
HDTSOKANOS LLC: Seeks to Hire ERG Commercial as Real Estate Broker
------------------------------------------------------------------
Hdtsokanos LLC seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire ERG Commercial Real
Estate, LLC as the real estate broker.
ERG will seek compensation in the amount of 4 percent of the amount
of the total sale price of the Debtor's property located at 24-35
27th Street, Astoria, 11102.
As disclosed in the court filings, ERG has no connection with the
Debtor, the creditors or any other party in interest, or their
respective attorneys.
The broker can be reached through:
James Guarino
ERG Commercial Real Estate, LLC
255 Glen Cove Road
Carle Place, NY 11514
Phone: (212) 807-6640
About Hdtsokanos LLC
Hdtsokanos LLC possesses a building at 24-35 27th Street, Astoria,
NY 11102, with an estimated worth of $2.45 million.
Hdtsokanos LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40606) on February 6,
2025. In its petition, the Debtor reports total assets of
$2,485,638 and total liabilities of $1,634,678.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtor is represented by Btzalel Hirschhorn, Esq., at SHIRYAK,
BOWMAN, ANDERSON, GILL & KADOCHNIKOV, LLP, in Kew Gardens, New
York.
HERTZ GLOBAL: Plans $500MM Debt Raise Prior Litigation Payout
-------------------------------------------------------------
Reshmi Basu and Jill R. Shah of Bloomberg News reports that Hertz
Global Holdings Inc. is aiming to secure about $500 million in
secured debt to bolster its balance sheet, according to individuals
with knowledge of the discussions.
The company is also evaluating other financing avenues, such as an
at-the-market equity offering, according to additional sources. The
talks remain ongoing, and the plans are not yet finalized, they
noted.
About Hertz Corp.
Hertz Corp. and its subsidiaries -- http://www.hertz.com/--
operate a worldwide vehicle rental business under the Hertz,
Dollar, and Thrifty brands, with car rental locations in North
America, Europe, Latin America, Africa, Asia, Australia, the
Caribbean, the Middle East, and New Zealand. They also operate a
vehicle leasing and fleet management solutions business.
On May 22, 2020, The Hertz Corporation and certain of its U.S. and
Canadian subsidiaries and affiliates filed voluntary petitions for
reorganization under Chapter 11 in the U.S. Bankruptcy Court for
the District of Delaware (Bankr. D. Del. Case No. 20-11218).
Judge Mary F. Walrath oversees the cases.
The Debtors have tapped White & Case LLP as their bankruptcy
counsel, Richards, Layton & Finger, P.A., as local counsel, Moelis
& Co. as investment banker, and FTI Consulting as financial
advisor. The Debtors also retained the services of Boston
Consulting Group to assist the Debtors in the development of their
business plan. Prime Clerk LLC is the claims agent.
The U.S. Trustee for Regions 3 and 9 appointed a Committee to
represent unsecured creditors in Debtors' Chapter 11 cases. The
Committee has tapped Kramer Levin Naftalis & Frankel LLP as its
bankruptcy counsel, Benesch Friedlander Coplan & Aronoff LLP as
Delaware counsel, UBS Securities LLC as investment banker, and
Berkeley Research Group, LLC, as financial advisor. Ernst & Young
LLP provides audit and tax services to the Committee.
* * *
Hertz Global and its subsidiaries emerged from Chapter 11
bankruptcy at the end of June 2021. Hertz won approval of a Plan of
Reorganization that unimpaired all classes of creditors (who are
legally deemed to have accepted it) and was approved by more than
97% of voting shareholders. The Plan provided for the existing
shareholders to receive more than $1 billion of value.
Recovery by shareholders of close to $8 a share was made possible
after a fierce competition among bidders for control in the
company. Initial offers from potential bidders for Hertz in its
bankruptcy offered nothing for equity. Hertz in May 2021 selected
investment firms Knighthead Capital Management LLC and Certares
Management LLC, joined by other investors including Apollo Global
Management Inc. and a group of existing shareholders, as the
winning bidders for control of the bankrupt company. A rival group
that included Centerbridge Partners LP, Warburg Pincus LLC and
Dundon Capital Partners LLC was outbid at auction.
Hertz's Plan eliminated over $5 billion of debt, including all of
Hertz Europe's corporate debt, and will provide more than $2.2
billion of global liquidity to the reorganized Company. Hertz also
emerged with (i) a new $2.8 billion exit credit facility consisting
of at least $1.3 billion of term loans and a revolving loan
facility, and (ii) an $7 billion of asset-backed vehicle financing
facility, each on favorable terms.
HIGH PLAINS: Claims to be Paid From Asset Sale Proceeds
-------------------------------------------------------
High Plains Radio Network, LLC, filed with the U.S. Bankruptcy
Court for the Northern District of Texas a Plan of Reorganization
under Subchapter V dated March 24, 2025.
On May 24, 2007, HPRN was registered as a Texas limited liability
company. The principal of HPRN at all relevant times has been Monte
Spearman.
HPRN had purchased enough stations to have a total population count
whereby HPRN felt that it could begin to attract the national
agency buys. HPRN believed that with continued heavy payment
towards debt, HPRN could possibly end 2020 with all Company debt
paid in full and all growth plans completed, meaning that HPRN
would be able to start 2021 with the full completion of the
original seven-year growth plan, that was started in 2014.
HPRN was on track, dealt with the ups and downs, made the needed
purchases, installed the needed operational systems, hired the best
available people on a local basis, and were fully set to move into
the final steps of the original master plan.
As of January, 2020, the Company debt totaled only $880,000,
payables owed to be fully current were approximately $300,000,
general operations were budgeted to be approximately $3,000,000,
and were projecting income between $4,000,000 and $4,400,000. The
Company had grown to 46 radio stations spread out over the states
of: Arkansas, Colorado, Mississippi, New Mexico, Oklahoma, and
Texas.
The Plan provides for the distribution of the proceeds of one or
more Section 363(f) of the Bankruptcy Code sale of the assets of
the Debtor and the liquidation and or reorganization of the Debtor
into a smaller company. As of the filing of this plan, the Debtor
anticipates filing two or three different sale notices under the
existing Sales Procedures Order which will result in at least $2
million to be applied to the waterfall of allowed claims in this
case.
Class 5 consists of General Unsecured Claims. The allowed general
unsecured claims will receive a pro-rata distribution of any funds
remaining in the Debtor after the satisfaction of administrative
expense claims, priority claims, and all other allowed claims in
Classes 1 to 4. Distributions may occur with the Third
Distribution. Class 5 is impaired.
The proceeds of the radio station asset sales shall provide the
cash necessary to satisfy the requirements under the Plan.
A full-text copy of the Plan of Reorganization dated March 24, 2025
is available at https://urlcurt.com/u?l=xZaGQw from
PacerMonitor.com at no charge.
About High Plains Radio Network
High Plains Radio Network, LLC is in the radio broadcasting
business.
High Plains Radio Network filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. N.D. Texas Case No.
24-70089) on March 26, 2024, with $1 million to $10 million in both
assets and liabilities. Monte L. Spearman, manager, signed the
petition.
Honorable Bankruptcy Judge Scott W. Everett handles the case.
The Debtor is represented by:
Jeffery D. Carruth
Weycer Kaplan Pulaski & Zuber, P.C.
Tel: 713-341-1158
Email: jcarruth@wkpz.com
HOOPERS DISTRIBUTING: Hires Country Boys Auction as Appraiser
-------------------------------------------------------------
Hoopers Distributing, LLC received approval from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to hire
Country Boys Auction and Realty, Inc. as appraiser.
Country Boys will assist with determining the value of the estate
property consisting of the Debtor’s store inventory located in
Zebulon, North Carolina.
Country Boys agrees to be compensated at a rate of $125 per hour
for inspection, valuation, and office time, with an estimated total
of $1,000.
Country Boys does not currently hold an interest adverse to the
estate, and is a disinterested party within the meaning of Section
327(a) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Mike Gurkins
Country Boys Auction and Realty, Inc.
1211 W 5th St
Washington, NC 27889
Phone: (252) 946-6007
About Hoopers Distributing
Hoopers Distributing, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-00447) on
February 7, 2025, listing between $500,001 and $1 million in both
assets and liabilities. J.M. Cook serves as Subchapter V trustee.
Judge Joseph N. Callaway presides over the case.
Benjamin E.F.B. Waller, Esq., at Hendren, Redwine & Malone, PLLC is
the Debtor's legal counsel.
Kapitus, LLC, as secured creditor, is represented by Byron L.
Saintsing, Esq. at Smith Debnam Narron Drake Saintsing & Myers,
LLP.
HOOTERS OF AMERICA: White & Case Advises Securitization Noteholders
-------------------------------------------------------------------
The law firm of White & Case LLP and Gray Reed filed a verified
statement pursuant to Rule 2019 of the Federal Rules of Bankruptcy
Procedure to disclose that in the Chapter 11 case of Hooters of
America, LLC and affiliates, the firm represents the Ad Hoc Group
of Securitization Noteholders.
In February 2025 and March 2025, the Ad Hoc Group of Securitization
Noteholders retained White & Case and Gray Reed to represent their
interests in connection with these Chapter 11 Cases.
Each member of the Ad Hoc Group of Securitization Noteholders has
indicated to Counsel that it holds disclosable economic interests,
or acts as investment manager or advisor to funds and/or accounts
that hold disclosable economic interests, in relation to the
Debtors.
The names and addresses of each of the members of the Ad Hoc Group
of Securitization Noteholders together with the nature and amount
of the disclosable economic interests held by each of them in
relation to the Debtors are as follows:
1. BCI
745 Seventh Avenue 2nd Floor
New York, New York 10019
* A-2 Notes: $40,423,075.04
* B Notes: $3,500,000.00
2. Botticelli LLC
4001 Kennett Pike Suite 302
Wilmington, DE 19807
* A-2 Notes: $82,687,968.84
* B Notes: $31,800,000.00
3. Guggenheim Partners Investment Management, LLC
330 Madison Avenue 10th Floor
New York, NY 10017
* A-2 Notes: $9,693,782.98
4. Marathon Asset Management, LP
One Bryant Park 38th Floor
New York, NY 10036
* A-2 Notes: $7,755,026.39
5. River Canyon Fund Management LLC
2728 N. Harwood Street 2nd Floor
Dallas, TX 75201
* A-2 Notes: $16,479,431.07
6. TCW Asset Management Company LLC
515 South Flower Street
Los Angeles, CA 90071
* A-2 Notes: $13,571,296.18
7. Victory Capital Management Inc.
60 State Street
Boston, MA 02109
* A-2 Notes: $24,234,457.46
* B Notes: $4,700,000.00
Counsel to the Ad Hoc Group of Securitization Noteholders:
GRAY REED
Jason S. Brookner, Esq.
Lydia R. Webb, Esq.
1601 Elm Street, Suite 4600
Dallas, Texas 75201
Telephone: (214) 954-4135
Facsimile: (214) 953-1332
Email: jbrookner@grayreed.com
lwebb@grayreed.com
-and-
WHITE & CASE LLP
Brian Pfeiffer, Esq.
Amanda Parra Criste, Esq.
200 South Biscayne Boulevard, Suite 4900
Miami, Florida 33131
Telephone: (305) 371-2700
Facsimile: (305) 358-5744
Email: brian.pfeiffer@whitecase.com
aparracriste@whitecase.com
About Hooters of America
Hooters of America, LLC is the owner and operator of a restaurant
chain with hundreds of locations in the United States. Founded in
1983, Hooters of America and its affiliates own and operate
Hooters, a renowned brand in the casual dining and sports
entertainment industries. Their global portfolio includes 151
company-owned and operated locations and 154 franchised locations
across 17 countries. Known for their world-famous chicken wings,
beverages, live sports and legendary hospitality, the Debtors also
partner with a major food products licensor to offer
Hooters-branded frozen meals at 1,250 grocery store locations.
Hooters of America and its affiliates filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Texas
Lead Case No. 25-80078) on March 31, 2025.
Judge Scott W. Everett oversees the cases.
The Debtors co-bankruptcy counsel are Holland N. O'Neil, Esq.,
Stephen A. Jones, Esq., and Zachary C. Zahn, Esq., at, in Dallas,
Texas.
The Debtors' general bankruptcy counsel are Ryan Preston Dahl,
Esq., at Ropes & Gray LLP, in New York; and Chris L. Dickerson,
Esq., Rahmon J. Brown, Esq., and Michael K. Wheat, Esq., at Ropes &
Gray Llp, in Chicago, Ill.
The Debtors' tapped Foley & Lardner, LLP as co-counsel with Ropes &
Gray; Solic Capital, LLC as investment banker; and Accordion
Partners, LLC as financial advisor. Kroll Restructuring
Administration, LLC is the Debtors' notice, claims, solicitation
and balloting agent.
JACKSON HOSPITAL: Seeks to Hire Ordinary Course Professionals
-------------------------------------------------------------
Jackson Hospital & Clinic, Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of Alabama to retain
non-bankruptcy professionals in the ordinary course of business.
The Debtors need ordinary course professionals to perform services
for matters unrelated to this Chapter 11 case.
The Debtors seek to pay OCPs 100 percent of the fees and expenses
incurred.
The Debtors do not believe that any of the OCPs have an interest
materially adverse to them, their estates, creditors, or other
parties in interest in connection with the matter upon which they
are to be engaged.
The OCPs include:
Taylor Martino
455 St. Louis Street Suite 2100,
Mobile, Alabama 36602
--Opioid litigation
Sedgwick Insurance (Christopher Grant)
Christopher.Grant@sedgwick.com
(919) 785-5827
--Handling medical malpractice cases
Boles, Holmes, White LLC
1929 3rd Ave. North, Suite 500,
--General civil litigation matters
Rushton Stakely (Ben Wilson)
Post Office Box 270
Montgomery, AL, 36101-0270
--Handling employment disputes/litigation
Bradley Arant (Bobby Poundstone)
1819 5th Ave N #200,
Birmingham, AL 35203
--Handling medical malpractice cases
Ball, Ball, Matthews & Novak, P.A.
(E. Ham Wilson)
445 Dexter Ave., Suite 9045
Montgomery, Alabama 36104-3375
--Handling medical malpractice cases
Clark, May & Price (T. Kelly May)
3070 Green Valley Road
Birmingham, Alabama 35243
--Handling staffing/employment issues
Hinton & Associates (Jay Hinton)
60 Commerce Street, Ste. 904
Montgomery, Alabama 36104
--Handling medical malpractice cases
Forvis Mazars
800 Shades Creek Pwy., Ste. 500
Birmingham, Alabama 35209
--CPA Services
50 Words, LLC
lmcdonough@50words.com
(610) 631-5702
--Marketing and communications services
Reynolds, Reynolds & Little, LLC (George Wakefield)
402 S. Perry St., # 200
Montgomery, Alabama 36104
--Handling debt collection efforts
About Jackson Hospital & Clinic Inc.
Jackson Hospital & Clinic, Inc. is a non-membership, non-profit
corporation based in Alabama. JHC is the direct or indirect parent
company of JHC Pharmacy, LLC, an Alabama limited liability company
that provides pharmacy services to JHC patients. JHC owns 100% of
JHC Pharmacy. Additionally, JHC is a direct or indirect parent
company of certain other entities that have not filed for
bankruptcy.
JHC operates a 344-bed healthcare facility in Montgomery, Ala.,
with a rich history dating back to 1894. Since its official opening
in 1946, JHC has grown into one of the largest hospitals in
Alabama, offering specialized services in cardiac care, cancer
treatment, neurosciences, orthopedics, women's care, and emergency
services. JHC's service area includes 16 counties across central
Alabama.
JHC and JHC Pharmacy filed Chapter 11 petitions (Bankr. M.D. Ala.
Lead Case No. 25-30256) on February 4, 2025. In its petition, JHC
reported between $100 million and $500 million in both assets and
liabilities.
Judge Christopher L. Hawkins handles the cases.
The Debtors are represented by:
Derek F. Meek, Esq.
Marc P. Solomon, Esq.
James P. Roberts, Esq.
Andrew P. Cicero, III, Esq.
Catherine T. Via, Esq.
Burr & Forman, LLP
420 20th Street North, Suite 3400
Birmingham, AL 35203
Tel: (205) 251-3000
Email: dmeek@burr.com
msolomon@burr.com
jroberts@burr.com
acicero@burr.com
cvia@burr.com
JANE STREET: Fitch Assigns 'BB+(EXP)' Rating on $1BB Secured Notes
------------------------------------------------------------------
Fitch Ratings has assigned an expected 'BB+(EXP)' rating to
co-issuers Jane Street Group, LLC's and JSG Finance, Inc.'s planned
issuance of at least $1 billion in senior secured notes. Proceeds
from the proposed issuance are expected to be used for general
corporate purposes. The final maturity is scheduled for April 2033,
and the rate of interest will be determined at the time of
issuance.
Key Rating Drivers
The expected rating on the new senior secured notes is equalized
with the ratings assigned to existing senior secured debt as the
new notes will rank equally in the capital structure. The secured
debt rating is equalized with Jane Street's 'BB+' Long-Term Issuer
Default Rating (IDR), reflecting the firm's fully secured funding
profile and average recovery prospects for creditors in a stress
scenario.
Jane Street's IDR reflects its strong, established market position
as a technology-driven market maker in the exchange-traded fund
(ETF) market across various venues. It also reflects management's
good track record of managing market and operational risks, which
have been driven by a high level of member ownership that ensures
risk and return interests are well aligned. Jane Street's leverage
is appropriate relative to its balance sheet risks.
Fitch does not expect the planned issuance to meaningfully increase
leverage given strong earnings performance and retention throughout
2024 and into 2025. With member withdrawals expected to remain
reasonable in the context of earnings given firmwide policies,
including distributions limited to once per year, Fitch expects
leverage to remain conservatively managed. Jane Street's tangible
capital base has significantly increased over the last four years,
and the growth has provided a more meaningful buffer against
potential operational losses.
The Positive Rating Outlook reflects the ongoing improvement of
Jane Street's business profile, with revenue and profitability
proving to be durable through various market cycles. This has been
driven by Jane Street's methodical strategy expansion, by both
asset class and geography, which has given it superior size and
scale relative to peers. The Positive Outlook further reflects Jane
Street's improved funding terms with its diverse and growing group
of prime brokers, which reduces liquidity risk from short-term
adverse changes in the trading environment.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
The Outlook could be revised to Stable from Positive should Jane
Street's capital growth slow in relation to its balance sheet
growth, resulting in a sustained increase in net adjusted leverage.
The Outlook could also be revised to Stable if the firm's revenue
generation erodes over the Outlook horizon, driven by a lack of
execution on trading strategies.
Beyond that, Jane Street's rating could be downgraded due to:
- An acute, idiosyncratic liquidity event that adversely impacts
the firm's ability to execute on its core business strategies;
- Material operational or risk management failures that adversely
impact profitability and/or market confidence;
- An inability to maintain net adjusted leverage below 10.0x;
- Adverse legal or regulatory actions against Jane Street which
result in a material fine, reputational damage or an alteration in
its business profile;
- An inability to maintain its strong market position in the face
of evolving market structures and technologies.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- The continuation of consistent operating performance through
different trading environments coupled with minimal operational
losses resulting in further capital expansion;
- Maintaining net adjusted leverage at or below current levels;
- Demonstration of continued funding flexibility, including access
to third-party funding through market cycles, the introduction of
an unsecured funding component and/or a moderate increase in excess
trading capital over margin requirements. Improved funding
flexibility could also be demonstrated by further improvements to
term margin agreement terms.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The expected secured debt rating is equalized with Jane Street's
Long-Term IDR and reflects its fully secured funding profile and
average recovery prospects in a stressed scenario.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The expected secured debt rating is primarily sensitive to changes
in Jane Street's Long-Term IDR. It is also sensitive to material
changes in the company's capital structure and/or changes in
Fitch's assessment of the recovery prospects for the debt
instrument.
Date of Relevant Committee
30 July 2024
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating
----------- ------
Jane Street Group, LLC
senior secured LT BB+(EXP) Expected Rating
JSG Finance, Inc.
senior secured LT BB+(EXP) Expected Rating
JANE STREET: Moody's Rates New $1BB Senior Secured Notes 'Ba1'
--------------------------------------------------------------
Moody's Ratings assigned a Ba1 rating to Jane Street Group, LLC's
(Jane Street) issuance of approximately $1 billion of senior
secured notes due 2033. The new issuance does not affect any of
Jane Street's existing ratings, the ratings of its subsidiaries or
the stable outlook on any Jane Street entities.
Jane Street's senior secured first lien term loan B is currently
rated Ba1 and the firm's long-term issuer rating is Ba1. Jane
Street has a stable outlook. The Baa3 long-term issuer ratings and
stable outlooks of Jane Street Capital, LLC, Jane Street Execution
Services, LLC, Jane Street Financial Limited and Jane Street
Netherlands B.V. were also unaffected.
RATINGS RATIONALE
Jane Street plans to use the net proceeds of the new issuance for
general corporate purposes; and Moody's expects the company to
eventually deploy most of the funds as trading capital within its
strategies across a broad group of asset classes.
The senior secured notes will rank pari-passu with Jane Street's
other debt. Jane Street's issuer rating and stable outlook reflects
its strong risk management and governance over its electronic
trading activities and surrounding its business growth. Jane Street
has a deliberative partnership culture that enables it to maintain
and strengthen credit positive cultural attributes with a focus on
risk awareness. Also, key executives maintain ownership stakes and
a high level of involvement in managing the firm. The rating also
incorporates Jane Street's resilient balance sheet - characterized
by a strong equity capital base, modest balance sheet leverage,
rapidly turning positions, tactical use of crash protection and
prudent liquidity.
These strengths help mitigate the credit, market, liquidity and
operational risks inherent to Jane Street's business model. These
include navigating rapid shifts in market sentiment - due either to
losses at Jane Street or elsewhere - that erode market liquidity
and counterparty confidence. Moreover, the intensely competitive
nature of technology driven market-making dictates that Jane Street
continually stay at the forefront in terms of trading technology,
risk controls and retaining intellectual capital, otherwise its
franchise may erode and its creditworthiness could deteriorate.
OUTLOOK
The stable outlook is based on Moody's expectations that Jane
Street's credit profile will continue to benefit from the firm's
strong profitability, high level of equity capital, modest use of
leverage and prudent liquidity. Moody's also expects that Jane
Street's leaders will maintain a risk aware culture and effective
controls - suitable to high frequency electronic trading and to
manage growth.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Jane Street's ratings could be upgraded should Moody's see
continued growth in market share across a broad set of asset
classes while diversifying revenue through the development of
lower-risk and profitable business activities; substantial
reduction of trading capital mix in less-liquid and higher-risk
assets; demonstration of the firm's ability to manage its expansion
in size and complexity while retaining its deliberative risk
management and partnership culture.
Jane Street's ratings could be downgraded should it increase its
risk appetite or suffer from a significant risk management or
operational failure; experience adverse changes in corporate
culture or management quality; experience a substantial and
sustained decline in profitability caused by changes in the market
or regulatory environment; increase its capital distributions in a
manner that is not commensurate with its historic trends; or change
its funding mix to a significantly heavier weighting towards
long-term debt and away from equity resulting in a substantial
increase in its balance sheet leverage.
The principal methodology used in this rating was Securities
Industry Market Makers published in June 2024.
JETBLUE AIRWAYS: Fitch Alters Outlook on B LongTerm IDR to Negative
-------------------------------------------------------------------
Fitch Ratings has revised the Rating Outlook on JetBlue Airways
Corp. (JetBlue) to Negative from Stable and affirmed its Long-Term
Issuer Default Rating (IDR) at 'B'.
The Outlook revision reflects the anticipated impact of softening
domestic leisure travel demand, driven by a weaker macroeconomic
environment, which will pressure JetBlue's margins more than
anticipated. Fitch views JetBlue's credit profile as weak for the
'B' rating due to strained operating margins and debt incurred
since the pandemic. Current pressures will likely delay JetBlue's
path to profitability, keeping leverage metrics outside negative
sensitivities for an extended period.
Fitch may take negative rating actions if JetBlue fails to
demonstrate near-term profitability and cash flow improvements that
preserve and generate liquidity, and achieve coverage metrics above
1.5x. JetBlue's current rating is supported by its robust liquidity
balance, available financing options, and progress in strategic
initiatives to improve profitability and cash flow.
EETCs
Fitch has affirmed the subordinated tranche ratings of the 2019-1
and 2020-1 transactions at 'BB+'. Both class B certificate ratings
are notched up from the JetBlue's IDR ('B'/Negative). The
subordinated tranche ratings remain supported by a strong
affirmation factor and presence of a liquidity facility, which is
reflected in the four-notch uplift.
Fitch has also affirmed JetBlue's 2019-1 class AA certificates at
'A+' and affirmed its class A certificates at 'BBB'. The class AA
certificates remain well overcollateralized, while the rating of
the class A reflects limited loan-to-value (LTV) headroom under the
'BBB' stress scenario and the slow rate of amortization in the
transaction, making the rating susceptible to marginal value
declines. Fitch has also affirmed JetBlue's 2020-1 class A
certificates at 'A'. These ratings are supported by sufficient
overcollateralization and high collateral quality.
Key Rating Drivers
Demand Environment May Delay Margin Recovery: Demand softness
stemming from consumer weakness is an additional headwind in
JetBlue's efforts to return to profitability. Fitch had expected
operating margins to remain near break-even or below for 2025
before turning modestly positive in 2026. However, due to market
uncertainty, Fitch has revised expectations lower. This revision
reflects increased risks to revenue realization, costs, and
operational execution, making it more difficult to achieve credit
metrics commensurate with a 'B' rating within the next two years.
Fitch anticipates low-cost carriers such as JetBlue to be at a
disadvantage compared to full-service airlines amid weaker domestic
travel demand. Larger airlines are now better equipped to attract
price-sensitive travelers through basic economy options and benefit
from competitive advantages due to their extensive route networks
and appealing loyalty programs. The current demand uncertainty
comes at a difficult time for JetBlue, as the airline is amid a
turnaround program, and needs to drive improved unit revenues to
offset higher operating costs and reverse recent operating losses.
Cost Pressures Remain: Fitch expects unit cost pressure to remain a
headwind in 2025, partly due to capacity limitations caused by
Pratt & Whitney engine availability. The company is projecting flat
total capacity in 2025 and a 5%-7% increase in non-fuel costs.
Fitch believes JetBlue might reduce capacity plans based on
softening demand, pressuring unit costs further. In fiscal 2024,
JetBlue's unit costs were 25% higher than pre-pandemic levels while
unit revenues were up by 10.7% over the same period, resulting in
operating losses every year since 2019.
Liquidity and financial flexibility are supportive: Fitch believes
JetBlue's cash balance and remaining unencumbered assets provide
some flexibility to manage through near-term demand weakness.
Capital raised in 2024 allows JetBlue to fund upcoming aircraft
deliveries with cash, which would add to its asset base, or finance
deliveries to maintain cash. Required debt payments will rise to
$705 million in 2026, which Fitch views as manageable given current
cash balances. Aside from $325 million in convertible bonds due in
2026, JetBlue has limited major upcoming maturities. JetBlue ended
2024 with cash and short-term investments of $3.6 billion and full
revolver availability.
Actionable Strategic Initiatives: Fitch considers the main aspects
of JetBlue's "JetForward" plan—such as exiting underperforming
routes, improving operational execution, concentrating on core
leisure markets, boosting ancillary revenues, and increasing focus
on premium products—as sensible strategies likely to enhance
margins over time. However, competition introduces uncertainty,
especially with multiple U.S. leisure carriers adopting similar
strategies. Fitch believes JetBlue's plans have a higher likelihood
of success compared to some competitors' due to its strong market
presence in high-value geographies and its brand strength relative
to ultra-low-cost carriers.
Projected Negative FCF: Fitch projects JetBlue's FCF will be
significantly negative in the near term, at -$1 billion or more in
2025 and at least several hundred million dollars in 2026. FCF
could approach break-even or turn slightly positive by 2027, driven
by reduced capex and expanding margins. Capital spending is
expected to be manageable, particularly beyond 2026, due to
JetBlue's 2024 decision to defer future aircraft deliveries.
Despite the anticipated negative FCF, risks are mitigated by
JetBlue's liquidity and the potential to finance or manage
forthcoming aircraft deliveries.
Leveraged Balance Sheet: JetBlue's capital raises in 2024 improved
liquidity but exacerbated the company's already high leverage.
Fitch had previously expected improved profitability to reduce
leverage to within negative sensitivities in 2026 or 2027. Fitch
believes these targets will be more challenging in the current
economic environment. Additionally, substantial planned capital
spending and a higher interest burden, is likely to pressure cash
flow, limiting the company's ability to reduce debt in the near
term. JetBlue's total debt and lease liabilities were up by over
60% in 2024.
Engine Grounding-Related Headwinds: Margin headwinds stemming from
Pratt & Whitney-related aircraft groundings are anticipated to
continue through 2026. The airline estimates that a mid-teens
number of aircraft will be grounded this year, peaking in the next
one to two years. These groundings challenge JetBlue as the
affected aircraft are the most efficient in its fleet, resulting in
increased maintenance costs for other planes kept in service
longer. JetBlue projects a three-point margin headwind in 2025 due
to the groundings.
EETCs
Senior Tranche Ratings
The ratings on the class AA and A certificates are driven by a
top-down analysis, incorporating a series of stress tests that
simulate the rejection and repossession of the aircraft in a severe
aviation downturn.
2019-1
Fitch has affirmed the JetBlue 2019-1 class A certificates at 'BBB'
due to limited LTV headroom under the 'BBB' stress scenario.
Maximum LTVs stayed flat since its last review in November,
maintaining at 95.7%. The collateral in the pool is still seen as
highly attractive. However, the low diversification and slow
amortization profile, makes the transaction's LTVs susceptible to
marginal value declines.
Fitch has affirmed JetBlue's 2019-1 class AA certificates at 'A+'
due to a large amount of overcollateralization. The class AA
certificates saw LTVs stay relatively flat, decreasing to 80.1%
from 80.2% under the A level stress scenario. The large buffer in
LTVs helps mitigate concerns related to slow amortization and
diversification mentioned above.
2020-1
Fitch has affirmed the ratings on JetBlue's 2020-1 transaction at
'A', as the transaction continues to pass the A level stress
scenario with sufficient headroom. Fitch calculated the maximum
LTVs for the class A certificates transaction to be 85.3%, down
from 89.0%. Collateral declines for the pool's 17 A321s and seven
A321 NEOs were within its updated depreciation assumptions. Unlike
the 2019-1 transaction, Fitch expects collateralization to improve
over the next several years as the transaction's pace of
amortization increases.
Subordinate Tranche Ratings:
The rating for the class B certificates is based on the bottom-up
approach detailed in Fitch's EETC criteria, which calls for the
rating to be notched up from JetBlue's corporate rating of 'B'.
Subordinated tranches receive notching uplift based on three
factors: 1) the affirmation factor (0-3 notches), 2) the presence
of a liquidity facility, (0-1 notch), and 3) recovery prospects
(0-1 notch). The class B certificates qualify for a four notch to
'BB+' uplift from JetBlue's IDR of 'B'. The notching consists of +3
notches for the affirmation factor (maximum is +3 for a B category
issuer) and +1 notch for the presence of a liquidity facility.
Affirmation Factor
2020-1: Fitch continues to view the 2020-1 transaction as having a
high affirmation factor supported by the large portion of JetBlue's
active fleet contained in the pool, the high-quality collateral,
including the next-generation NEO and work-horse CEO aircraft that
are important to the company's strategy, and a relatively young
collateral pool. Partially offsetting these positive factors is the
pool's low diversification as it relates to comparable
transactions.
2019-1: Fitch considers the affirmation factor for this pool of
aircraft to be high. The 25 aircraft in this transaction make up
25% of JetBlue's sub-fleet of A321s (it operated 100 A321s in total
as of December 2024), and about 9% of its total fleet, making it
highly unlikely that the aircraft in this pool would be rejected in
the case of a bankruptcy. The A321 has taken a key role in
JetBlue's fleet since the carrier started operating it in 2013.
Peer Analysis
JetBlue's 'B' rating is above domestic peer Spirit Airlines, Inc.
(CCC+). While both JetBlue and Spirit demonstrate highly leveraged
balance sheets, JetBlue has greater financial flexibility. JetBlue
also benefits from a stronger market presence than Spirit in key
markets such as New York and Boston, along with a more
customer-friendly reputation. JetBlue's leverage metrics are
notably weaker than network peers such as American Airlines, Inc.
(B+/Stable) or United Airlines, Inc. (BB/Positive), due to strained
near-term profitability.
JetBlue's operating margins remain well below pre-pandemic levels,
and Fitch expects them to remain pressured in 2025, whereas larger
network carriers have shown improvement in recent years. JetBlue is
also more geographically concentrated than large network peers and
generates less robust loyalty program revenues.
EETCs
The certificates rated 'A+' are one notch higher than ratings for
several class A certificates issued by other carriers. Stress
scenario LTVs for the 2019-1 transaction remain low and continue to
support the 'A+' rating. The 2020-1 class A certificates that are
rated 'A' compare well with issuances from American, Air Canada and
British Airways that are also rated 'A'. Rating similarities are
driven by similar levels of overcollateralization and high-quality
pools of collateral.
The 'BB+' ratings on the class B certificates are derived through a
four-notch uplift from JetBlue's IDR. The four-notch uplift
reflects a high affirmation factor and benefit of a liquidity
facility
Key Assumptions
- Capacity down by 1% in 2025, followed by modest capacity growth
thereafter.
- Unit revenues down modestly in 2025, a negative revision from its
prior forecast.
- Mid-single digit unit revenue improvement in 2026 and 2027 as
revenue initiatives mature.
- Jet fuel $2.35/gallon in 2025 and $2.50/gallon thereafter.
EETCs
Key assumptions within the rating case for the issuer include a
harsh downside scenario in which JetBlue declares bankruptcy,
chooses to reject the collateral aircraft, and where the aircraft
are remarketed amid a severe slump in aircraft values. JetBlue's
bankruptcy is hypothetical, and is not Fitch's current expectation
as reflected in JetBlue's 'B' IDR. Fitch incorporates a 25% haircut
to the A321-200 and A320-200, and a 20% haircut to the A321 NEO in
its 'A' category stress tests.
Recovery Analysis
The recovery analysis assumes that JetBlue would be reorganized as
a going concern (GC) in bankruptcy rather than liquidated. A 10%
administrative claim on the enterprise value is assumed.
The GC EBITDA estimate reflects Fitch's view of a sustainable,
post-reorganization EBITDA level upon which Fitch bases the
enterprise valuation. The GC EBITDA estimate of $900 million
reflects a hypothetical scenario in which margins remain impaired,
potentially by a weak operating environment, structurally higher
costs, or a combination thereof. An enterprise valuation multiple
of 5x is applied to the GC EBITDA to calculate post-reorganization
enterprise value. This multiple is reflective of prior airline
bankruptcies.
Fitch's analysis assumes that loyalty program debt receives
priority recovery from the value of the loyalty assets. Fitch takes
a conservative view on the loyalty asset value since it largely
rests on JetBlue continuing as a going concern. Liquidation of the
airline would materially impact the collateral values and weaken
recovery. The Recovery Rating analysis results in a 'BB'/'RR1'
recovery for the proposed loyalty notes.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Sustained EBITDAR leverage above 5.5x;
- EBITDAR fixed-charge coverage falling below 1.5x on a sustained
basis;
- Evidence of decreasing financial flexibility potentially
illustrated by continued leveraging of assets to maintain
liquidity.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBIT margins improving to the mid-to-high single digits;
- Adjusted debt/EBITDAR below 4.5x;
- EBITDAR fixed-charge coverage remaining above 2x.
EETCs
The class AA and A certificate ratings are primarily based on a
top-down analysis based on the value of the collateral. Therefore,
a negative rating action could be driven by an unexpected decline
in collateral values. Senior tranche ratings could also be affected
by a perceived change in the affirmation factor or deterioration in
the underlying airline credit.
The 2019-1 class A certificates are more susceptible to collateral
value fluctuations due to a less aggressive amortization profile
relative to the other transactions. Positive rating actions are not
expected for these transactions in the near term, driven by current
collateral coverage and limited LTV headroom under the 'BBB' stress
scenario for the 2019-1 class A's.
Subordinated tranche ratings are based off of the underlying
airline IDR. If JetBlue's IDR is downgraded to 'B-' from 'B', the
class B certificates could be notched downward but have the
potential to be affirmed if additional notching was ultimately
applied for solid recovery prospects. Positive rating actions could
occur if JetBlue's IDR is upgraded.
Liquidity and Debt Structure
JetBlue ended 2024 with $4.2 billion in total liquidity, consisting
of $1.9 billion in cash, $1.7 billion in investment securities and
full availability under its $600 million revolver that matures in
October 2029. Total liquidity equated to 45% of 2024 revenue.
Although JetBlue maintains a healthy liquidity balance, Fitch
expects cash burn to remain significant in 2025 and 2026, likely
necessitating debt funding against future deliveries to maintain
cash. Failure to show progress toward stemming cash burn may drive
future negative rating actions.
EETCs
JBLU 2020-1
Both tranches of debt in this transaction feature a dedicated
liquidity facility provided by Natixis (A/F1/Stable).
JBLU 2019-1
All three tranches of debt in this transaction feature a dedicated
liquidity facility provided by Credit Agricole (A+/F1/Stable).
Issuer Profile
JetBlue is a low-cost air carrier that serves over 100 destinations
throughout the U.S., the Caribbean, Mexico, Europe, and Latin
America.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
JetBlue Airways
Pass Through Trust
Series 2019-1
senior secured LT BBB Affirmed BBB
senior secured LT A+ Affirmed A+
senior secured LT BB+ Affirmed BB+
JetBlue Loyalty, LP
senior secured LT BB Affirmed RR1 BB
JetBlue Airways
Corporation LT IDR B Affirmed B
senior secured LT BB Affirmed RR1 BB
senior secured LT BB- Affirmed RR2 BB-
JetBlue Airways
Pass Through Trust
Series 2020-1
senior secured LT A Affirmed A
senior secured LT BB+ Affirmed BB+
senior secured LT A Affirmed A
senior secured LT BB+ Affirmed BB+
JUAN M MARTINEZ: Hires David J. Winterton & Assoc. as Counsel
-------------------------------------------------------------
Juan M Martinez LLC seeks approval from the U.S. Bankruptcy Court
for the District of Nevada to employ David J. Winterton & Assoc.,
Ltd. as counsel.
The firm's services will include attending hearings, filing
required bankruptcy schedules and papers, preparing a disclosure
statement and plan of reorganization, counseling the Debtor, and
representation in matters necessary to reorganize the Debtor.
The firm will be paid at these rates:
Attorneys $250 to $400 per hour
Paralegals $150 per hour
In addition, the firm will receive reimbursement for out-of-pocket
expenses incurred.
David Winterton Esq., a partner at David J. Winterton & Assoc.,
disclosed in a court filing that his firm is a "disinterested
person" pursuant to Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
David J. Winterton Esq.
David J. Winterton & Assoc., Ltd.
7881 W. Charleston Blvd., Suite 220
Las Vegas, NV 89117
Tel: (702) 363-0317
Fax: (702) 363-1630
Email: david@davidwinterton.com
About Juan M Martinez LLC
Juan M. Martinez LLC is a single-asset real estate debtor, as
defined in 11 U.S.C. Section 101(51B). The Debtor holds an
equitable interest in the property located at 7590 Rancho Destino
Rd, valued at $1.31 million.
Juan M Martinez LLC in Aurora, IL, sought relief under Chapter 11
of the Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. D. Nev. Case No. 25-11217) on March 5, 2025,
listing $1,320,000 in assets and $1,097,385 in liabilities. Richard
Costello as manager/member, signed the petition.
DAVID WINTERTON & ASSOCIATES, LTD. serve as the Debtor's legal
counsel.
KENSINGTON VILLAGE: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------------
The U.S. Trustee for Region 21 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 cases of Kensington Village Apts, LLC and its
affiliates.
About Kensington Village Apts
Kensington Village Apts, LLC and its affiliates, Avondale Homes 2,
LLC and Avondale Homes, LLC, filed Chapter 11 petitions (Bankr.
N.D. Ga. Lead Case No. 25-53099) on March 21, 2025.
At the time of the filing, Kensington listed up to $50,000 in
assets and between $50 million and $100 million in liabilities.
Judge Lisa Ritchey Craig oversees the cases.
William Rountree, Esq., at Rountree, Leitman, Klein & Geer, LLC, is
the Debtor's legal counsel.
KIN DEE: Seeks Subchapter V Bankruptcy in Texas
-----------------------------------------------
On April 23, 2025, Kin Dee LLC filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Southern District of Texas.
According to court filing, the Debtor reports $1,168,956 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Kin Dee LLC
Kin Dee LLC and affiliate manage and operate Thai restaurants at
two leased locations.
Kin Dee LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Lead Case No. 25-32199) on April 23, 2025.
In its petition, the Debtor reports estimated assets of $30,301 and
estimated liabilities of $1,168,956.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the
case.
The Debtor is represented by Robert C Lane, Esq. and A. Zachary
Casas, Esq. at THE LANE LAW FIRM, PLLC.
KINDERCARE LEARNING: Fitch Affirms B+ LongTerm IDR, Outlook Stable
------------------------------------------------------------------
Fitch Ratings has affirmed KinderCare Learning Companies, Inc.'s
and KUEHG Corp.'s (collectively, KinderCare) Long-Term Issuer
Default Ratings (IDRs) at 'B+'. Fitch has also affirmed
KinderCare's first-lien term loan and Revolver at 'BB+' with a
Recovery Rating of 'RR1'. The Rating Outlook is Stable.
Fitch has also removed KinderCare Learning Companies, Inc. from
Under Criteria Observation (UCO), reflecting the application of
Fitch's updated "Corporate Rating Criteria - Appendix 1: Leases."
The ratings were placed on UCO following the publication of the
updated criteria on Dec. 6, 2024.
KinderCare's ratings reflect the company's solid and stable market
position in the U.S. childcare market, which is offset by low
EBITDAR fixed-charge coverage and intense competition that
constrains profit expansion over time. Fitch views access to the
public markets for capital raising as a credit positive that could
enhance the company's financial flexibility over time.
Key Rating Drivers
Moderate EBITDAR Leverage, Weak Coverage: Fitch expects
KinderCare's EBITDAR leverage to remain in the mid-3.0x range over
the next few years. Previously, as a private entity, its
Fitch-calculated EBITDAR leverage was in the high-3.0x range.
Following its October 2024 IPO, the company utilized equity
proceeds to reduce debt.
Fitch projects EBITDA leverage will be significantly lower, in the
2.5x to 3.0x range, due to the company's leasing of its facilities.
Total lease expenses accounted for approximately 14% of revenue in
2024, and Fitch anticipates that these expenses will continue to
comprise a similar portion of revenue over the rating horizon. In
its projections, KinderCare's EBITDAR fixed-charge coverage remains
at around 1.5x, which is weak for the 'B+' rating.
Competitive Landscape: KinderCare is a provider of early childhood
education (ECE) in the U.S., operating in a highly fragmented and
competitive industry. As of Dec. 28, 2024, KinderCare Learning
Companies, Inc. had 1,574 ECE centers across 39 states and
Washington, D.C., as well as 1,025 before- and after-school sites
in 28 states and Washington, D.C.
KinderCare faces intense competition from companies including
scaled providers, smaller regional providers, and faith-based or
local operators. Bright Horizons, Kiddie Academy, Goddard,
Primrose, and the Learning Care Group, Inc. brands (La Petite,
Tutor Time, and others) are the closest competitors. In addition to
ECE offerings, the company serves school-age children through
before- and after-school programs. Competitors in this sector
include the YMCA and other regional providers such as Alphabest and
Right at School.
Solid FCF Generation: Fitch believes that the company's business
model will support steady and predictable cash generation.
KinderCare greatly improved its cash generation profile, moving
from negative FCF in 2020 to generating positive FCF in recent
years. Much of the increase resulted from government grants and
post-pandemic demand for the company's offerings. FCF was
negatively affected in 2024 by one-time IPO-related expenses, but
Fitch projects a positive FCF margin in the low single digits
annually for 2025 and beyond.
Margin Contraction: KinderCare's margins have contracted over the
past two years due to the unwinding of government grants related to
the pandemic. Fitch expects margins to stabilize in the low teens
from 2025 to 2027, down from 16% in 2023 and 23% in 2022.
Government assistance during the pandemic supported income and
capital projects. Fitch anticipates EBITDA margins to stabilize in
2025 and beyond.
Modest Revenue Growth: Fitch expects total revenue to increase in
the mid-single digits throughout its forecast period following the
pandemic-induced demand volatility for ECE between fiscal years
2019 and 2021. The growth is mainly driven by continued center and
site expansion, occupancy rates, and pricing growth. In FY 2024,
the company reached an occupancy rate of 69.8%, up from 47% in
2020. Occupancy rates improved due to the organic growth of
centers, continued momentum with employer-sponsored programs, and
capacity leaving the market as stimulus funds rolled off.
Increasing ECE Demand: The U.S. childcare market is growing due to
increased demand from parents returning to offices, advancements in
learning technologies, and government funding. Many employers are
adopting blended work models, balancing remote and office time,
which Fitch expects to increase demand for ECE.
Subsidies Support Revenue: Federal subsidies for ECE have
historically increased, even during economic downturns. These
subsidies are primarily funded through the Child Care and
Development Fund (CCDF), authorized under the Child Care and
Development Block Grant (CCDBG), with funding rising to $14.7
billion in 2024 from $6.0 billion in 2005. Public subsidy funding
is expected to continue due to historical bipartisan support,
underscoring the need for ECE. Approximately 35% of KinderCare's
total revenue in 2024 was derived from this subsidy funding. Fitch
believes KinderCare is well-positioned to gain market share in the
event of a funding pullback due to its scale and expertise.
Ownership Concentration: Fitch views the concentration of ownership
by private equity as an inherent credit risk for KinderCare.
Partners Group (PG) owns approximately 69% of KinderCare Learning
Companies, Inc.'s common stock, granting it significant control
over major corporate decisions, such as director elections and
business transactions. This concentration makes KinderCare
susceptible to potential shifts toward aggressive financial
policies.
Peer Analysis
KinderCare operates ECE and care centers. A direct competitor of
KinderCare is Bright Horizons Family Solutions Inc. (BFAM). BFAM
offers childcare, early education and other services designed to
help employers and families with work and family-life challenges.
Both companies operate on a similar scale, with revenue of
approximately $2.6 billion. Bright Horizons has more than 1,450
client relationships with employers across a diverse array of
industries and early education centers. It has capacity to serve
about 115,000 children and their families in the U.S., the United
Kingdom, the Netherlands, Australia and India. BFAM operates at a
lower leverage ratio with a more sustainable profitability
profile.
Key Assumptions
- Revenue growth assumed to be in mid-single digits over the
forecast horizon, driven by the opening of new childcare centers
and increases in occupancy rate and pricing growth;
- The EBITDA margin is expected to be stable in the low-teens
range;
- Lease expense will continue to increase in line with top-line
growth;
- Capex is expected to average about 5% of total revenue,
correlated with the number of new centers the company plans to
open;
- No dividends or share buybacks are assumed after 2024;
- Fitch assumes the following secured overnight financing rate
(SOFR) base rates: 4.3% for 2025, 4.0% for 2026 and 2027.
Recovery Analysis
Key Recovery Rating Assumptions
- The recovery analysis assumes that KinderCare would be
reorganized as a going concern in bankruptcy rather than
liquidated;
- Fitch has assumed a 10% administrative claim;
- In estimating a distressed enterprise value for KinderCare, Fitch
assumes a lower occupancy rate and reduced enrollment, contributing
to a lower revenue scale in a distressed scenario. This is expected
to result in about a 15% revenue decline and EBITDA margin
compression similar to the coronavirus pandemic, leading to a going
concern EBITDA that is about 25% lower relative to the 2025
estimated EBITDA;
- An enterprise value multiple of 6.0x EBITDA is applied to the
going concern EBITDA to calculate a post-reorganization enterprise
value. Fitch believes this multiple is validated based on historic
public company trading multiples, industry M&A and past
reorganization multiples observed across various industries;
- The recovery model implies a 'BB+' and 'RR1' Recovery Rating for
the company's first lien senior secured facilities, reflecting
Fitch's belief that lenders should expect to recover 91%-100% in a
restructuring scenario.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDAR leverage rising above 5.5x over a multi-year period;
- (CFO-capex) to debt ratio sustained below 5%;
- EBITDAR fixed-charge coverage below 1.5x;
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDAR fixed-charge coverage above 2.0x;
- (CFO-capex) to debt ratio sustained above 7.5%.
- Fitch's expectation that EBITDA margins will expand into the
mid-teens range, while maintaining scale and EBITDAR leverage below
4.5x;
Liquidity and Debt Structure
As of Dec. 28, 2024, KinderCare reported having $62.4 million in
cash, cash equivalents, and restricted cash. The company's
liquidity is bolstered by positive FCF generation, with FCF margins
historically between 4% and 9%.
Following its IPO, KinderCare repaid approximately $608 million of
its first lien term loan, bringing its long-term debt down to less
than $1.0 billion. The term loans now amortize at 1% annually.
As of end of December 2024, there were no outstanding borrowings
under the first lien revolving credit facility, and the available
borrowing capacity was $184.2 million, considering $55.8 million in
outstanding letters of credit.
In February 2025, the Company amended the Credit Agreement to
increase the First Lien Revolving Credit Facility's total
commitments by $22.5 million and to reclassify and extend $5.0
million of previously non-extended commitments. This raised the
total borrowing capacity to $262.5 million. All other terms of the
Credit Agreement remain unchanged.
Issuer Profile
KinderCare Learning Companies, Inc. offers ECE and care programs to
children ranging from six weeks through 12 years of age. Founded in
1969, the company provides infant and toddler care, preschool,
kindergarten, and before- and after-school programs.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
KinderCare Learning
Companies, Inc. LT IDR B+ Affirmed B+
KUEHG Corp. LT IDR B+ Affirmed B+
senior secured LT BB+ Affirmed RR1 BB+
KING STATE: Hires Tranzon Driggers as Real Estate Agent
-------------------------------------------------------
King State Coffee, LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to employ Tranzon Driggers
as real estate agent.
The firm will market and auction the real property of the Debtor
located at 520 E Floribraska Ave, Tampa FL 33603.
The firm will be paid at these rates:
a. Marketing fee, $5000 from the sales proceeds; and
b. Term of Sale/Commission 10 percent deposit by buyer, and 10
percent buyer's premium paid by winning buyer.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Jon K. Barber, CAI
Tranzon Driggers
101 E Silver Springs Blvd Suite 206
Ocala, FL 34470
Phone: (877) 374-4437
Email: jbarber@tranzon.com
About King State Coffee, LLC
King State Coffee, LLC, a company in Tampa, Fla., filed a petition
under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. M.D.
Fla. Case No. 24-00576) on February 2, 2024, with $500,000 to $1
million in assets and $1 million to $10 million in liabilities.
Timothy F. McTague, manager, signed the petition.
Judge Catherine Peek Mcewen oversees the case.
David S. Jennis, Esq., at David Jennis, PA, doing business as
Jennis Morse, represents the Debtor as legal counsel.
KOCHER FOODS: Gets Interim OK to Use Cash Collateral Until May 19
-----------------------------------------------------------------
Kocher Foods International, Inc. received interim approval from the
U.S. Bankruptcy Court for the Northern District of West Virginia,
to use cash collateral.
The interim order penned by Judge David Bissett approved the use of
cash collateral pending the conclusion of a final hearing on May
19.
As protection, Unified Bank was granted replacement liens on
post-petition property equal to the value of the bank's secured
claim as of the petition date.
In addition, Unified Bank will receive monthly payments of $669
beginning May 16 as further protection.
Kocher continues to operate as a debtor-in-possession and seeks to
maintain business operations, pay employees, and purchase inventory
using available cash collateral.
The Debtor has identified several creditors asserting security
interests in its assets, most notably Unified Bank and the U.S.
Small Business Administration.
Unified Bank has two promissory notes—one from 2018, which is
secured by the company's non-purchase money collateral valued at
$31,863, and another from 2022 that the Debtor claims is unsecured.
SBA also holds a large claim but is not secured by any of the
company’s non-purchase money collateral. A fourth unidentified
lien was filed in 2024, but the Debtor disputes its validity and
priority.
About Kocher Foods International
Kocher Foods International, Inc. sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. W.V. Case No. 25-00199) on
April 16, 2025. In the petition signed by Jennifer Kocher, chief
executive officer, the Debtor disclosed up to $100,000 in assets
and up to $1 million in liabilities.
Ryan W. Johnson, Esq., at Johnson Legal Services, PLLC, represents
the Debtor as legal counsel.
KPSI INNOVATION: Seeks Chapter 11 Bankruptcy in Washington
----------------------------------------------------------
On April 21, 2025, KPSI Innovation Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District
of Washington. According to court filing, the
Debtor reports $3,883,376 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About KPSI Innovation Inc.
KPSI Innovation Inc. is a company specializing in the manufacture
and sale of fire-blocking head-of-wall products. The Company offers
a range of fire-rated gasket products designed for use in
construction applications, particularly to prevent the spread of
fire and smoke through structural gaps.
KPSI Innovation Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11068) on April 21,
2025. In its petition, the Debtor reports total assets of
$1,455,439 and total liabilities of $3,883,37.
The Debtor is represented by Faye C. Rasch, Esq. at WENOKUR RIORDAN
PLLC.
KRONOS WORLDWIDE: S&P Raises ICR to 'B' on Improved Performance
---------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Kronos
Worldwide Inc. to 'B' from 'B-'.
S&P raised the issue-level rating on Kronos' senior secured notes
to 'BB-' from 'B+'. The recovery rating remains '1' (rounded
estimate: 90%).
S&P said, "The stable outlook reflects our view that the company's
metrics should be appropriate for the rating even after
incorporating potentially weak macroeconomic demand and high
volatility in the titanium dioxide sector over the next year.
"We believe Kronos Worldwide Inc.'s credit metrics will be
appropriate for the rating even under potentially challenging
macroeconomic conditions in 2025. EBITDA and margins strengthened
in the second half of 2024, primarily due to the effects of higher
sales volumes from strengthening demand for TiO2 in most major
markets and higher average TiO2 selling prices. In 2025, we expect
stable to slightly weakening conditions throughout the rest of the
year because we anticipate an increased risk of softer demand
across many of the company's end markets stemming from
macroeconomic uncertainty. We now anticipate Kronos' credit metrics
such as funds from operations (FFO) to debt to be in the 15%-20%
range over the next 12 months. If Kronos' performance were weaker
than our current expectations, such that its FFO to debt fell to
about 12% after accounting for potential volatility, we still
anticipate the company's metrics to be appropriate for the
rating."
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. S&P said, "As a result, our
baseline forecasts carry a significant amount of uncertainty. As
situations evolve, we will gauge the macro and credit materiality
of potential and actual policy shifts and reassess our guidance
accordingly."
S&P said, "While the effects of global tariffs are yet to be fully
comprehended, we do anticipate a negative impact on end-market
demand as companies push through price increases and consumer
discretionary spending tightens. Furthermore, Kronos could see a
small impact from the auto tariffs that were recently placed in the
U.S., but it is a relatively small part of its overall business and
end-market demand. However, TiO2 producers can be exempt from
tariffs under the United States-Mexico-Canada Agreement (USMCA)
implemented in 2020 if their products meet the agreement's rules of
origin requirements. We also note that President Trump's executive
order states that products listed in Annex II, which includes TiO2,
are not subject to the ad valorem duties under this order."
Kronos is one of the top five producers of titanium dioxide. The
company benefits from demand in key end markets, such as housing
and architectural coatings, which use the company's products in
applications like paints and coatings. Still, we consider titanium
dioxide a cyclical commodity with potentially volatile earnings
over the long run. Furthermore, Kronos is more susceptible to
downturns and higher raw materials costs than some of its
competitors. The Chemours Co. has two other segments that can help
stabilize earnings during periods of volatility and Tronox Ltd.'s
vertical integration protects it from increased raw material
costs.
S&P said, "We consider Kronos' operations within its larger group
under parent Valhi Inc. The group's financial results and credit
metrics are correlated with those of Kronos because it accounts for
over 80% of Valhi's earnings and revenue. The rating on Kronos,
which we currently consider stronger than that of its parent, is
capped at our 'B' rating on Valhi.
"The stable outlook on Kronos reflects our expectation that its
group's credit measures will remain appropriate for the rating
after incorporating the elevated volatility in the TiO2 sector. Our
base case scenario assumes the global economy will be stable to
slightly weaker in 2025 relative to 2024. Our rating continues to
reflect our expectation for high volatility in Kronos' credit
measures. We view FFO to debt of about 12%, after accounting for
potential volatility, although numbers could be stronger for brief
periods, as appropriate for the rating during downturns. We believe
the group's FFO to debt will be in the 15%-20% range over the next
couple of years due to the additional EBITDA from its acquisition
of LPC. Furthermore, we expect Kronos will maintain adequate
liquidity and that management will maintain a prudent approach to
funding its expansion and shareholder returns."
S&P could lower its rating on Kronos during the next 12 months if:
-- S&P expected its weighted-average metrics at the group level
would decline, including debt to EBITDA of more than 6.5x or
sustained FFO to debt of less than 7% with no near-term remedy,
which it considers weak when incorporating the volatile nature of
the TiO2 sector. This could occur if the company's sales
deteriorated relative our expectations, leading its EBITDA margins
to underperform our forecast by at least 200 basis points; or
-- Kronos used additional debt to fund its growth plans or
shareholder returns or its free cash flow turned negative for an
extended period, which would pressure the group's liquidity.
S&P could raise its ratings on Kronos over the next year if:
-- Its group's performance improved; and
-- The company's 2025 earnings outperformed S&P's expectations.
S&P said, "Under this scenario, we would expect the group's
weighted-average FFO to debt to remain above 20% or debt to EBITDA
below 3x on a sustained basis, even after factoring in potential
downturns in its pricing and demand. However, we would also expect
management to commit to financial policies that would enable it to
maintain these improved credit measures."
KULA GRAIN: Seeks Chapter 11 Bankruptcy in Colorado
---------------------------------------------------
On April 22, 2025, Kula Grain Co. Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Colorado. 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 Kula Grain Co. Inc.
Kula Grain Co. Inc. is a Fort-Morgan, Colorad-based grain merchant
and
interstate freight carrier that hauls dry-bulk farm commodities.
Kula Grain Co. Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-12338) on April 22,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Joseph G. Rosania Jr. handles the
case.
The Debtor is represented by Jeffrey A. Weinman, Esq. at ALLEN
VELLONE WOLF HELFRICH & FACTOR, P.C.
LAREDO HOUSING: S&P Lowers Bond Rating to 'D' on Missed Payment
---------------------------------------------------------------
S&P Global Ratings lowered its rating on Laredo Housing Finance
Corp., Texas' series 1994 single-family mortgage revenue bonds to
'D' from 'CC'.
In addition, S&P removed the rating from CreditWatch, where it was
placed with negative implications on Feb. 18, 2025.
The outlook is not meaningful.
The downgrade follows the trustee's inability to execute a
scheduled bond call of $20,000 on April 1, 2025, due to lack of
sufficient funds.
The 'D' rating on the 1994 bonds reflects that a partial bond
redemption scheduled for April 1, 2025, did not occur due to lack
of sufficient funds. The existing liability on the bonds totals
$125,000, and according to the trustee, as of April 4, 2025, total
assets available to pay debt service through final maturity on Oct
1, 2027, were less than $12,000. Given the structure of the bonds,
which were issued in a stand-alone indenture, S&P does not expect
additional money to be deposited.
Under S&P's "S&P Global Ratings Definitions," published Dec. 2,
2024, the 'D' rating applies when an obligation is in default or in
breach of an imputed promise.
S&P will subsequently withdraw its 'D' ratings on the series 1994
bonds.
LAZARUS INDUSTRIES: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Lazarus Industries, LLC got the green light from the U.S.
Bankruptcy Court for the Western District of New York to use cash
collateral.
The order penned by Judge Carl Bucki authorized the Debtor's
interim use of cash collateral until May 19.
Tompkins Community Bank and other secured creditors were granted
"rollover" replacement liens on post-petition cash, accounts
receivable, bank accounts and other assets, with the same validity,
extent and priority as their pre-bankruptcy liens.
The bank consented to the Debtor's use of its cash collateral under
the terms of their stipulation to maintain operations; pay wages,
rent and utilities; and purchase supplies necessary for the
business.
Tompkins Community Bank originally extended a $500,000 line of
credit to the Debtor in 2019, which was later converted into a
guaranteed promissory note of approximately $495,852, with about
$203,000 remaining unpaid. The bank holds a first-priority secured
interest in the Debtor's tangible and intangible assets. Other
creditors include the U.S. Small Business Administration with a
second-priority lien ($500,000 owed), Rapid Finance, Vox Funding,
Velocity Capital Group, and the Internal Revenue Service, which
collectively hold lower-priority secured interests through various
loans and federal tax liens.
The next hearing is set for May 19.
About Lazarus Industries LLC
Lazarus Industries, LLC is a construction, fabrication, and
manufacturing company based in Buffalo, New York.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. N.Y. Case No. 1-25-10417-CLB) on
April 16, 2025. In the petition signed by Frank Lazarus, managing
member, the Debtor disclosed up to $1 million in assets and up to
$10 million in liabilities.
Judge Carl L. Bucki oversees the case.
Frederick J. Gawronski, Esq., at Colligan Law, LLP, represents the
Debtor as legal counsel.
LEVY VENTURES: Court Asked to Prohibit Cash Collateral Access
-------------------------------------------------------------
Fay Servicing, LLC, acting as the authorized loan servicer for U.S.
Bank Trust National Association (as Trustee for COLT 2023-3), asked
the U.S. Bankruptcy Court for the Southern District of New York,
White Plains Division, to prohibit Levy Ventures, LLC from using
cash collateral.
Fay Servicing claimed that Levy Ventures has been using rental
income -- classified as cash collateral under 11 U.S.C. section
363(a) -- without the required court approval or creditor consent.
This use violates bankruptcy law, which strictly prohibits using
such funds unless a motion is filed and granted. No motion to use
cash collateral has been filed to date, and no disclosures or
schedules have been submitted, according to Fay Servicing.
Fay Servicing asked the court to compel the Debtor to begin
contractual monthly payments on each loan (ranging from $1,576 to
$3,090 per property) to protect creditors' interests. These
payments include escrow for taxes and insurance, which Fay
Servicing stated it continues to cover despite the Debtor's
default.
Fay Servicing also requested the court to grant post-petition
replacement liens on all income, rents, and receivables generated
from the properties. The Debtor should also segregate rental income
in a separate debtor-in-possession bank account for transparency
and proper tracking.
A copy of the motion is available at https://urlcurt.com/u?l=2esipz
from PacerMonitor.com.
About Levy Ventures
Levy Ventures, LLC is a New York-based company engaged in real
estate -related activities.
Levy Ventures sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-22182) on March 5, 2025. In its
petition, the Debtor reported between $10 million and $50 million
in both assets and liabilities.
Judge Sean H. Lane handles the case.
The Debtor is represented by Kevin Nash, Esq., at Goldberg Weprin
Finkel Goldstein, LLP.
Fay Servicing, LLC, acting as the authorized loan servicer for U.S.
Bank Trust National Association (as Trustee for COLT 2023-3), is
represented by:
Jenelle Arnold, Esq.
Aldridge Pite, LLP
3333 Camino Del Rio South
Suite 225
San Diego, CA 92108
Telephone: (858) 750-7600
Facsimile: (619) 590-1385
JArnold@aldridgepite.com
LITTLE MINT: Seeks to Extend Plan Exclusivity to June 29
--------------------------------------------------------
The Little Mint, Inc., asked the U.S. Bankruptcy Court for the
Eastern District of North Carolina to extend its exclusivity
periods to file a plan of reorganization and obtain acceptance
thereof to June 29 and August 28, 2025, respectively.
Pursuant to Section 1121(b) of the Bankruptcy Code, the Debtor has
the exclusive right to file a Plan of Reorganization through April
30, 2025, and has through June 29, 2025 to obtain acceptances to
its Chapter 11 Plan.
The Debtor requests that the period in which it has the exclusive
right to file a Plan of Reorganization under Section 1121(b) of the
Bankruptcy Code and the acceptance period under Section 1121(c)(3)
of the Bankruptcy Code each be extended for a period of
approximately sixty days.
The Debtor asserts that an order allowing the extensions as
requested in this application will not prejudice any party and is
in the best interests of the Estate and all parties in interest.
The Little Mint Inc. is represented by:
Rebecca Redwine Grow, Esq.
Jason L. Hendren, Esq.
Benjamin E.F.B. Waller, Esq.
Lydia C. Stoney, Esq.
Hendren, Redwine & Malone PLLC
4600 Marriott Drive Suite 150
Raleigh, NC 27612
Telephone: (919) 420-7867
Facsimile: (919) 420-0475
Email: jhendren@hendrenmalone.com
rredwine@hendrenmalone.com
bwaller@hendrenmalone.com
lstoney@hendrenmalone.com
About The Little Mint Inc.
The Little Mint Inc., doing business as Hwy 55 Burgers Shakes &
Fries, owns multiple Hwy 55 Burgers, Shakes & Fries restaurants.
The Little Mint Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 24-04510) on December 31,
2024. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Judge Joseph N. Callaway presides over the case.
Rebecca F. Redwine, Esq. of HENDREN, REDWINE & MALONE, PLLC
represents the Debtor as counsel.
LML LOGISTICS: Case Summary & Two Unsecured Creditors
-----------------------------------------------------
Debtor: LML logistics LLC
d/b/a Littlefield Family Trucking
411 NW 106th Ave
Ocala, FL 34482
Business Description: LML Logistics LLC, also known as Littlefield
Family Trucking, is a transportation and
logistics company based in Ocala, Florida,
specializing in freight management, offering
warehousing, distribution, and freight
forwarding services.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-01314
Judge: Hon. Jacob A Brown
Debtor's Counsel: Jeffrey S. Ainsworth, Esq.
BRANSONLAW, PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: 407-894-6834
E-mail: jeff@bransonlaw.com
Total Assets: $477,655
Total Liabilities: $1,104,342
The petition was signed by Deborah A. Putnam as manager.
A full-text copy of the petition, which includes a list of the
Debtor's two unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LQPMDMY/LML_logistics_LLC__flmbke-25-01314__0001.0.pdf?mcid=tGE4TAMA
MARION REALTY: Hires Bleakley Bavol Denman as Bankruptcy Counsel
----------------------------------------------------------------
Marion Realty Group LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Florida to hire Bleakley Bavol
Denman & Grace as bankruptcy counsel.
The firm will provide these services:
a. analyze the financial situation, and rendering advice and
assistance to the Debtor in determining legal options under Title
11, United States Code;
b. advise the Debtor with regard to the powers and duties of
the Debtor and as Debtor-in-possession in the continued operation
of the business and management of the property of the estate;
c. prepare and file the petition, schedules of assets and
liabilities, statement of affairs, and other documents as required
by the Court;
d. represent the Debtor at the Section 341 Meeting of
Creditors;
e. give the Debtor legal advice with respect to its powers and
duties as Debtor and as Debtor-in-possession in the continued
operation of its business and management of its property, if
appropriate;
f. advise the Debtor with respect to its responsibilities in
complying with the United States Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
g. prepare, on behalf of your Applicant, necessary motions,
pleadings, applications, answers, orders, complaints, and other
legal papers and appear on hearings thereon;
h. protect the interest of the Debtor in all matters pending
before the court;
i. represent the Debtor in negotiation with its creditors in
the preparation of the Chapter 11 Plan; and
j. perform all other legal services for Debtor as
Debtor-in-Possession which may be necessary, and it is necessary
for Debtor as Debtor-in-Possession to employ this attorney for such
professional services.
The firm will be paid at the rate of $425 per hour.
Bleakley Bavol Denman was paid an advance retainer fee in the
amount of $9,500, plus $1,738 filing fee.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Samantha Dammer, Esq., a partner at Bleakley Bavol Denman & Grace,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Samantha L. Dammer, Esq.
Bleakley Bavol Denman & Grace
15316 N. Florida Avenue
Tampa, FL 33613
Tel: (813) 221-3759
Fax: (813) 221-3198
Email: sdammer@bbdglaw.com
About Marion Realty Group LLC
Marion Realty Group LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02117) on April 4, 2025, listing $500,001 to $1 million in both
assets and liabilities.
Judge Roberta A Colton presides over the case.
Samantha L Dammer, Esq. at Bleakley Bavol Denman & Grace represents
the Debtor as counsel.
MARK REAL ESTATE: Seeks Chapter 11 Bankruptcy in Maine
------------------------------------------------------
On April 22, 2025, The Mark Real Estate Holdings LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the District of Maine. 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 The Mark Real Estate Holdings LLC
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 irst 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.
The Mark Real Estate Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Me. Case No. 25-20100)
on April 22, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million each.
The Debtor is represented by Adam Prescott, Esq. at BERNSTEIN SHUR
SAWYER & NELSON, P.A.
MARKUS CORP: Taps Corbin Law Firm, Kokoszka & Janczur as Attorneys
------------------------------------------------------------------
Markus Corp seeks approval from the U.S. Bankruptcy Court for the
Northern District of Illinois to hire Corbin Law Firm, LLC and
Kokoszka & Janczur, P.C., as its attorneys.
The firms will render these services:
a. consult with the Debtor concerning its powers and duties as
debtor-in-possession, the continued operation of its business and
the Debtor's management of financial and legal affairs of its
estate;
b. consult with the Debtor and with other professionals
concerning the negotiation, formulation, preparation, and
prosecution of a subchapter V plan and disclosure statement (if
ordered by the Court);
c. confer and negotiate with the Debtor's creditors, other
parties in interest, and their respective attorneys and other
professionals concerning the Debtor's financial affairs and
property, Subchapter V plans, claims, liens, and other aspects of
this case;
d. appear on behalf of the Debtor when required, and will
prepare, file and sever such applications, motions, complaints,
notices, order, reports, and other documents and pleadings as may
be necessary in connection with this case; and
e. provide the Debtor with such other services as the Debtor
may request and which may be necessary in the circumstances.
The firms will be paid at these rates:
Frank Kokoszka $450/hr.
Arthur Corbin $250/hr.
Corbin Law Firm received a pre-petition retainer in the sum of
$3,000 for services connected with this Chapter 11 case prior to
the filing of the case, and Kokoszka & Janczur has received a
pre-petition retainer in the sum of $2,000.
As disclosed in the court filings, attorneys at Corbin Law Firm,
LLC and Kokoszka & Janczur, P.C. are disinterested persons within
the meaning of 11 U.S.C. Sec. 101(14).
The firmss can be reached through:
Arthur Corbin, Esq.
Corbin Law Firm, LLC
636 S. River Road, Ste. 201
Des Plaines, IL 60016
Phone: (773) 570-0054
Email: arthur@corbin-law.com
- and -
Frank J. Kokoszka
Kokoszka & Janczur, P.C
19 S LaSalle St #1201
Chicago, IL 60602
Phone: (312) 429-7861
About Markus Corporation
Markus Corp is an owner and operator of three semi-trucks and hauls
cargo for its client.
Markus filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
25-03310) on March 4, 2025, listing up to $100,000 in assets and up
to $1 million in liabilities. Markus President Marek Kusmierczyk
signed the petition.
Judge Timothy A. Barnes oversees the case.
Arthur Corbin, Esq., at Corbin Law Firm, LLC, represents the Debtor
as bankruptcy counsel.
Secured lender Village Bank & Trust, N.A. is represented by:
Jeffrey S. Burns, Esq.
Markoff Leinberger, LLC
200 S. Wacker Drive, FL 31
Chicago, IL 60606
Tel: (312) 589-7600
jeff@markleinlaw.com
MAVENCRUX I: Seeks to Hire Meriwether Wilson as Accountant
----------------------------------------------------------
Mavencrux I, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Iowa to employ Meriwether, Wilson &
Company, PLLC, as general reorganization accountants.
The firm will render these services:
a. assist the Debtor with general bookkeeping and accounting
matters, with preparation of all related income and other
tax-related matters, with any and all other related financial and
accounting reports and required filings;
b. assist the Debtor with its Plan of Reorganization; and
c. perform all other accounting services for the Debtor as
Debtor in Possession which may be necessary in relation thereto,
including compliance and monthly operating reports for the Court
and the Office of the United States Trustee.
Meriwether's services will be charged at a rate of $295 per hour
for partner's time, and other firm staff will bill at their
standard hourly rate of $125 per hour.
As disclosed in the court filings, Meriwether does not have any
interest adverse to the Debtor or it's estate as that term is used
in Bankruptcy Code Sec. 327(a), and is a disinterested person as
that term is defined in Bankruptcy Code Sec. 101(14).
The firm can be reached through:
Barry Boorn, CPA
Meriwether, Wilson & Company, PLLC
4500 Westown Parkway Suite 140
West Des Moines, IA 50266
Phone: (515) 223-0002
Fax: (515) 223-0430
info@meriwether.cpa
About Mavencrux I
Mavencrux I, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-00292) on March 3,
2025. In the petition signed by Louis Weltman, CRO and manager, the
Debtor disclosed under $1 million in both assets and liabilities.
The Debtor tapped Jeffrey D. Goetz, Esq., at Dickinson, Bradshaw,
Fowler & Hagen PC as counsel.
MAXIMUS COVE: Secured Party Sets Auction for June 12, 2025
----------------------------------------------------------
In accordance with applicable provisions of the Uniform Commercial
Code as enacted in the State of New York, by virtue of certain
material defaults under that certain second amended and restated
limited liability company agreement dated Feb. 12, 2020, by and
among Cove PE Strategic Venture LLC ("secured party"), Cove PP
Strategic Venture Corp., Maximus Cove Manager LLC, Maximus Cove
Holdings LLC and Maximus Cove Investors LLC (collectively,
"Debtors"), secured party will offer for sale at public auction all
of the Debtors' right, title and interest in and to, among other
things, 100% of the Debtors' limited liability company interests in
RP Maximus Cove LLC and all claims, powers, privileges, benefits,
remedies, voting rights, options to purchase limited liability
interests and all other options or rights of any nature whatsoever
which the Debtor have or may be issued or granted by the pledged
entity under the preferred equity interest
The public sale will take place on June 12, 2025, at 1:00 p.m. EST
both in person and remotely from the offices of Meister Seelig &
Fein PLLC, 125 Park Avenue, 7th Floor, New York, New York 10017.
Mannion Auctions under the direction of Matthew D. Mannion, will
conduct the sale in respect of the preferred equity balance with an
unpaid principal balance in the approximate amount of
$104,560,393.08 as of April 9, 2025.
Virtual bidding will be made available via zoom meeting link:
https://bit.ly/MaximusUCC, meeting ID: 846 2108 0112; Passcode:
360790; Dial-in: +1 (646) 931-3860.
For questions and inquiries contact:
Chad Coluccio
Jones Lang LaSalle Americas Inc.
Tel: (949) 307-5491
Email: TheCoveatTiburonUCCSale@jll.com
MDW SHOREVIEW LLC: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: MDW Shoreview LLC
9050 N. Capital of Texas Hwy.
Bldg. 3 Suite 320
Austin, TX 78759
Case No.: 25-10570
Chapter 11 Petition Date: April 24, 2025
Court: United States Bankruptcy Court
Western District of Texas
Judge: Hon. Shad Robinson
Debtor's Counsel: Stephen J. Humeniuk, Esq.
TROUTMAN PEPPER LOCKE LLP
600 Congress Ave., Suite 220
Austin TX 78701
Tel: (512) 305-4700
Email: stephen.humeniuk@troutman.com
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Monte Lee-Wen as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/L7KHU7Y/MDW_Shoreview_LLC__txwbke-25-10570__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Ally Waste Services Trade Debt $10,320
2509 S. Power Rd. Ste 101
Gilbert, AZ 85296
Tel: (877) 689-2559
2. Casoro Group Trade Debt $6,860
Highway 320
Austin, TX 78759
3. Chadwell Supply, Inc. Trade Debt $2,523
5115 Joanne Kearny Blvd
Tampa, FL 33619
Tel: (888) 341-2423
4. Cintas Fire Protection Trade Debt $10,616
PO Box 636525
Cincinnati, OH 45263-6525
5. City of Bradenton Trade Debt $12,001
Water and Sewer Department
P.O. Box 1339
Bradenton, FL 34206-1339
6. CoStar Realty Information, Inc. Trade Debt $8,076
2563 Collection Center Dr.
Chicago, IL 60693
7. Crown Roofing LLC Trade Debt $4,878
240 Field End St
Sarasota, FL 34240
Tel: (855) 276-9655
8. Flanagan Bilton, LLC Trade Debt $28,126
1 N La Salle St, Ste 2100
Chicago, IL 60602
9. Flooring - Sherwin Williams Trade Debt $4,641
101 W. Prospect Avenue
Cleveland, OH 44115
10. FPL Energy Services Trade Debt $4,573
PO Box 25426
Miami, FL 33102
Tel: (877) 375-4674
11. Group Fenix LLC Trade Debt $4,390
9024 Hogans Bend
Tampa, FL 33647
Tel: (786) 678-2044
12. Investcor Capital, LLC Trade Debt $4,547
3001 RR 620 S, Suite #324
Austin, TX 78738
13. Matrix Turnkey Inc. Trade Debt $5,248
PO Box 4124
Brandon, FL 33509
Tel: (813) 478-3717
14. Michael's Fence Trade Debt $6,550
2523 W Knollwood St
Tampa, FL 33614-4373
15. Precision Gate & Security, Inc. Trade Debt $5,123
350 W Venice Ave. #153
Venice, FL 34285
Tel: (813) 404-6278
16. ResProp Management Trade Debt $26,354
Company, LLC
1101 W. 34th St. #323
Austin, TX 78705
17. Right Way Elevator Maintenance Trade Debt $5,552
9790 16th Street North St.
Petersburgh, FL 33716
Tel: (727) 348-6966
18. Sapphire Cleaning LLC $9,440
1014 24th St E
Palmetto Fl 34221-2733
19. Tower Compactor Rentals, LLC Trade Debt $3,076
6910 E. Chauncey Lane
Suite 130
Phoenix, AZ 85054
Tel: (602) 200-3426
20. Valet Living, LLC Trade Debt $11,572
Dept #9791
PO Box 850001
Orlando, FL 32885-9791
Tel: (844) 422-4675
MESA LAGUNA: Gets Interim OK to Use $241,374 in Cash Collateral
---------------------------------------------------------------
The Mesa Laguna Ridge, LP received interim approval from the U.S.
Bankruptcy Court for the Eastern District of California, Sacramento
Division, to use cash collateral.
The interim order penned by Judge Christopher Klein authorized the
Debtor to use $241,374 in cash collateral to pay its expenses for
the period from April 14 to May 31.
The Debtor's cash collateral consists of rental income, account
receivables and other business assets. Construction Loan Services
II, LLC, which financed the construction of the Debtor's Mesa
Apartments, asserts interest in the cash collateral.
As protection, the secured creditor will be granted a replacement
lien on the Debtor's assets to the same extent and with the same
priority as its pre-bankruptcy lien.
Construction Loan Services will also receive a monthly payment of
$20,000, starting this month.
A final hearing is set for May 28. Objections are due by May 23.
The Debtor owns and operates the Mesa Apartments, a 55-unit
multi-family property in Elk Grove, Calif., which is currently 90%
occupied and generates approximately $120,000 in monthly rental
income. The property is entitled to a total of 198 units, with a
projected value of $57.3 million if completed. However, completion
of the remaining 143 units would require approximately $44 million
in additional funding.
The Mesa Apartments project was financed in December 2021 by
Construction Loan Services, which provided a loan of approximately
$36 million to fund both the initial construction and future
expansion. A dispute arose in early 2023 when the lender refused to
release additional funds, citing unapproved changes to the project
plans. The Debtor contends that these changes were required by
local authorities and were communicated to the lender. This dispute
led to a notice of default, judicial foreclosure action, and
eventually a non-judicial foreclosure attempt, which the Debtor
temporarily halted through a stipulation agreement with
Construction Loan Services. When settlement negotiations failed,
the Debtor filed for Chapter 11 protection to stay foreclosure and
preserve its assets.
About The Mesa Laguna Ridge
The Mesa Laguna Ridge, LP filed Chapter 11 petition (Bankr. E.D.
Calif. Case No. 25-21744) on April 14, 2025, listing between $10
million and $50 million in both assets and liabilities. Mowe Hy,
general manager, signed the petition.
Judge Christopher M. Klein oversees the case.
Gabriel E. Liberman, Esq., at the Law Offices of Gabriel Liberman,
APC, represents the Debtor as bankruptcy counsel.
MILLENKAMP CATTLE: Fine-Tunes Plan Documents
--------------------------------------------
Millenkamp Cattle, Inc., and its affiliates submitted a Disclosure
Statement for Fourth Amended Chapter 11 Plan of Reorganization
dated March 25, 2025.
The Plan provides for the sale of Canyonlands and McGregor, which
will close no later than November 30, 2025. Canyonlands was
appraised in June of 2024 at $16,000,000. McGregor was appraised in
June of 2024 at $4,500,000.
The net sale proceeds after normal and customary closing costs,
shall be distributed first to Metlife in the amount of $5 million
plus any allocated and Allowed Non-Estate Professionals fees and
then the remaining balance of proceeds, less $2 million, will be
paid to Sandton. The $2 million shall be allocated to pay the tax
consequences of the sale and any amounts leftover, once the final
tax amount is determined, shall remain cash of the Reorganized
Debtors.
If the Reorganized Debtors are able through sale of equity or
otherwise, to infuse cash into the Reorganized Debtors without
raising the debt burden in order to make the timely required
payments to Sandton and MetLife, the Reorganized Debtors shall not
be required to sell the Canyonlands and McGregor properties. In the
event funds can be raised through the sale or borrowing against
equity, Rabo shall release its lien on said equity.
On March 6 and 7, 2025, the interested parties (Debtors, MetLife,
Rabo, Conterra, Sandton and Unsecured Creditors Committee) met for
a judicial settlement conference to discuss and resolve issues
related to the different plan proposals. Through those discussions,
the Debtors agreed to certain changes to its Second Amended Plan,
which resulted in MetLife, Conterra, Sandton and the Unsecured
Creditors Committee supporting the Debtors amended plan. Those
changes are embodied in the Fourth Amended Plan which accompanies
this Disclosure Statement.
Like in the prior iteration of the Plan, Class 13 consists of all
General Unsecured Claims, in the approximate amount of $28 million
(the "GUC Principal Amount"). Each Holder of an Allowed General
Unsecured Claim shall, at such Holder's election, be entitled to
distributions pursuant to either option (i) or (ii) below. Such
election must be made pursuant to the election procedures:
* Single Cash Payment (Convenience Class): A single cash
payment equal to the lesser of (i) $25,000, or (ii) 70% of such
Holder's Allowed General Unsecured Claim. Any Holder of an Allowed
General Unsecured Claim that elects to receive a single cash
payment pursuant to this Section 3.14(b)(i) must affirmatively make
such election either (i) on the Ballot/Election Form or (ii) in
writing to the Debtors within seven months of the Effective Date
(the "Election Date"). The cash payment made to any Holder of an
Allowed General Unsecured Claim that elects treatment under this
section after the Effective Date, will be credited to deduct any
interest payments such Holder received between the Effective Date
and the Election Date on account of its Allowed General Unsecured
Claim.
* Deferred Principal and Interest Payments: Following the
Effective Date, each Holder of an Allowed General Unsecured Claim
shall receive (i) at the end of each calendar quarter through April
2028, interest-only cash payments based on such Holder's
outstanding balance at 7% per annum, (ii) commencing on May 1, 2028
through December 2029, monthly interest payments based on such
Holder's outstanding balance at 7% per annum; (iii) on May 1, 2028,
a single principal payment equal to 5/24 of the principal balance
owed to such Holder as of the Effective Date; (iv) on June 1, 2028
through December 2029, principal payments equal to 1/24 of the
principal balance owed to such Holder as of the Effective Date,
paid on a monthly basis; provided that if the Debtors elect to
repay General Unsecured Creditors within thirty months of the
Effective Date (the "Payoff Date"), the payoff amount owed to each
Holder of a General Unsecured Claim shall be reduced on a pro rata
basis by (i) the total amount of the Committee's professional fees
accrued through the Effective Date of the Plan and paid by the
Debtors following approval by the Court and (ii) all interest
payments made on General Unsecured Claims from the Effective Date
through the Payoff Date (the "Payoff Option").
The Holders of Class 13 Claims shall be paid 100% of their Claims
in full and final satisfaction through the foregoing payment
schedule. Class 13 is Impaired under the Plan. The Holders of Class
13 Claims are entitled to Vote under the Plan.
Except as otherwise provided in the Plan or the Confirmation Order,
the Reorganized Debtors shall fund distributions under the Plan
with Cash on hand from ongoing business operations, the net sale
proceeds from the sale of Canyonlands and McGregor, and the
proceeds from the Refinancing Facility.
On or before the Effective Date, the Reorganized Debtors shall
employ a broker to market and sell Canyonlands and McGregor for
fair market value and for no less than the appraised value of each.
The sale shall close no later than November 30, 2025. Canyonlands
was appraised in June of 2024 at $16,000,000. McGregor was
appraised in June of 2024 at $4,500,000. The net sale proceeds
after normal and customary closing costs, shall be distributed
first to MetLife in full satisfaction of all amounts due and owing
under the 9858 Promissory Note and the MetLife Loan Documents
including any allocated Non-Estate Professionals fees and then the
remaining balance, less $2 million, to the DIP Lender.
The $2 million shall be allocated to pay the tax consequences of
the sale and any amounts leftover, once the final tax amount is
determined, shall remain cash of the Reorganized Debtors. The
Reorganized Debtors shall file a report of sale with the Court upon
closing of the sale transaction for Canyonlands and McGregor. If
the Reorganized Debtors are able through sale of equity, to infuse
cash into the Reorganized Debtors without increasing the debt
burden or otherwise adversely affecting the Reorganized Debtors'
financial condition or performance in order to make the timely
required payments to MetLife in full satisfaction of the 9858
Promissory Note and to the DIP Lender in an amount of not less than
$13,500,000.00, the Reorganized Debtors shall not be required to
sell the Canyonlands and McGregor properties.
A full-text copy of the Disclosure Statement dated March 25, 2025
is available at https://urlcurt.com/u?l=mOSJ3v from
PacerMonitor.com at no charge.
Attorneys for the Debtors:
Matthew T. Christensen, Esq.
J. Justin May, Esq.
JOHNSON MAY
199 N. Capitol Blvd, Ste 200
Boise, Idaho 83702
Phone: (208) 384-8588
Fax: (208) 629-2157
Email: mtc@johnsonmaylaw.com
jjm@johnsonmaylaw.com
About Millenkamp Cattle
Millenkamp Cattle Inc. is part of a family-owned agriculture
business that can produce more than 1 million pounds of milk per
day.
Millenkamp Cattle Inc. and its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Idaho Lead Case
No. 24-40158) on April 2, 2024. In the petitions filed by William
J. Millenkamp, manager, Millenkamp Cattle estimated assets between
$10 million and $50 million and estimated liabilities between $500
million and $1 billion.
Judge Noah G. Hillen oversees the cases.
The Debtors tapped Matthew T. Christensen, Esq., at Johnson May,
PLLC as bankruptcy counsel and Givens Pursley as special counsel.
MMK FAMILY: Court Extends Cash Collateral Access to July 5
----------------------------------------------------------
MMK Family Investments, Inc. received final approval from the U.S.
Bankruptcy Court for the District of Maine to use cash collateral.
The final order extended the Debtor's authority to use cash
collateral until July 5 to pay expenses in accordance with its
budget.
The Debtor projects total operational expenses of $216,352.
In case the Debtor seeks authority to use cash collateral after
July 5, it must file a continued budget no later than May 30. A
hearing will be held on June 12, with objections due by June 6.
About MMMK Family Investments
MMK Family Investments, Inc. operates a sandwich shop as franchisee
of Firehouse Subs, an international brand of the Restaurant Brands
International Group.
MMK Family filed Chapter 11 petition (Bankr. D. Maine Case No.
25-20020) on February 4, 2025, listing up to $100,000 in assets and
up to $1 million in liabilities. Michael Koman, president of MMK
Family, signed the petition.
Judge Michael A. Fagone oversees the case.
The Debtor is Represented By:
Adam R. Prescott, Esq.
Bernstein Shur Sawyer & Nelson, PA
Tel: 207-228-7145
Email: aprescott@bernsteinshur.com
MMK SUBS: Court Extends Cash Collateral Access to July 5
--------------------------------------------------------
MMK Subs, LLC received final approval from the U.S. Bankruptcy
Court for the District of Maine to use cash collateral.
The final order extended the Debtor's authority to use cash
collateral until July 5 to pay expenses in accordance with its
budget.
The Debtor projects total operational expenses of $256,261.
In case the Debtor seeks authority to use cash collateral after
July 5, it must file a continued budget no later than May 30. A
hearing will be held on June 12, with objections due by June 6.
About MMK Subs LLC
MMK Subs, LLC filed Chapter 11 petition (Bankr. D. Maine Case No.
25-20019) on February 4, 2025, listing up to $100,000 in assets and
up to $1 million in liabilities. Michael Koman, president of MMK
Subs, signed the petition.
Judge Michael A. Fagone oversees the case.
Adam Prescott, Esq., Bernstein Shur Sawyer & Nelson, PA, represents
the Debtor as legal counsel.
SouthState Bank, as pre-petition lienholder, is represented by:
Jeremy R. Fischer, Esq.
Drummond Woodsum
84 Marginal Way, Suite 600
Portland, Maine 04101
Telephone: (207) 772-1941
Email: jfischer@dwmlaw.com
MULTI PIG: Seeks Chapter 11 Bankruptcy in Iowa
----------------------------------------------
On April 23, 2025, Multi Pig Inc. filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Southern District of Iowa.
According to court filing, the Debtor reports between $50 million
and $100 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Multi Pig Inc.
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.
Multi Pig Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-00678) on April 23,
2025. In its petition, the Debtor reports estimated assets of $1
million and $10 million and estimated liabilities of $50 million
and $100 million.
The Debtor is represented by Jeffrey D. Goetz, Esq. at DICKINSON,
BRADSHAW, FOWLER & HAGEN, PC.
MYSTICAL STARS: Committee Taps Global Realty Services as Consultant
-------------------------------------------------------------------
The official committee of unsecured creditors of Mystical Stars,
LLC, f/k/a ARYA International Inc., and Rupal Patel, seeks approval
from the U.S. Bankruptcy Court for the District of New Jersey to
hire Global Realty Services as real estate consultant.
The professional services to be rendered by the firm are:
a. Competitive Analysis: Study comparable properties (comps)
to understand price points, occupancy rates, and other valuable
metrics;
b. Tenant Analysis: Review existing tenants and their rent
rolls to assess the financial stability and appeal of the
properties;
c. Demand Assessment: Identify market trends and demand in the
areas where the properties are located;
d. Valuation Techniques: Utilize various methods such as the
income approach (based on rental income), sales comparison
approach, and cost approach to determine fair market value;
e. Professional Appraisal: Conduct in-house appraisal team
(MAI certified) to generate full appraisals for each property and
will use these reports to create online listings for each property;
f. Utilize our customer relationship management (CRM) tools to
track inquiries, follow-ups, and interactions with potential
buyers; and
g. Render such assistance as the Committee and its counsel may
deem necessary.
The proposed compensation are as follows:
1. Raj Whadwa - $100/hour for analysis of real estate,
inspections and preparation of declaration/report
2. Raj Whadwa - $150/hour for oral testimony
Global Realty Services is a disinterested person under 11 U.S.C.
Sec. 101(14), according to court filings.
The firm can be reached through:
Raj Whadwa
Global Realty Services
315 Walt Whitman Road, Suite 305
Melville, NY 11746
Tel: (516) 209-2001
About Mystical Stars
Mystical Stars, LLC, f/k/a Arya International, Inc. is a dance
academy that teaches Indian dance styles throughout the country.
The Debtor filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. D.N.J. Case No. 24-18290) on August
21, 2024, listing $1,000,001 to $10 million in assets and
$10,000,001 to $50 million in liabilities. Anthony Sodono, III,
Esq, at Mcmanimon, Scotland & Baumann, LLC represents the Debtor as
counsel.
NAKED JUICE: Moody's Cuts CFR to 'Ca', Outlook Remains Stable
-------------------------------------------------------------
Moody's Ratings downgraded Naked Juice LLC's ("Naked Juice")
Corporate Family Rating to Ca from Caa1, Probability of Default
Rating to Ca-PD from Caa1-PD, backed senior secured first lien term
loan, backed senior secured first lien delayed draw term loan and
backed senior secured first lien revolving credit facility (RCF)
ratings to Ca from B3, and backed senior secured second lien term
loan rating to C from Caa3. The outlook remains stable.
On April 9, 2025, Tropicana announced that it completed a private
debt exchange with "a substantial majority of its existing lenders"
and also secured a $400 million in new-money financing to shore up
its liquidity. As per the company, this transaction includes
"significant discounts" provided by participating lenders and an
option for the company to pay interest in kind (PIK) on a portion
of the new credit facility. Additionally, the company reports that
it entered into a new $155 million accounts receivable facility for
general corporate and working capital purposes, replacing the prior
$72.5 million facility and extending its maturity to at least
January 2029. The maturity of the prior revolving credit facility
has also been extended by nearly two years to December 2028.
Moody's will consider the discounted debt exchanges and conversion
to any optionally PIK instruments a distressed exchange when the
transactions close.
The downgrades including the CFR downgrade to Ca reflect the high
and imminent likelihood of completing transactions that Moody's
will consider a default and the continued headwinds that Moody's
expects Naked Juice will continue to face as a result of high costs
associated with procuring orange juice from Brazil and the
incremental costs from US tariffs. Additionally, Moody's expects
continued pressure on volume and challenges fully recouping cost
increases as consumer demand is hurt more broadly by higher prices
on a range of goods. Naked Juice sources more than 60% of its
orange juice from Brazil. Moody's expects that it will be difficult
for Naked Juice to fully pass along the higher procurement costs by
raising prices while higher prices create risk of further volume
declines. Moody's expects Naked Juice's debt-to-EBITDA will remain
very high at above 9.0x over the next 12 to 18 months and free cash
flow to remain negative.
Governance is a key consideration in the rating action. This is
reflected in Moody's change of Naked Juice's financial policy and
risk management score to 5 from 4, the governance issuer profile
score to G-5 from G-4, and the credit impact score to CIS-5 from
CIS-4. The revisions are indicative of the company's aggressive
financial policies, high leverage and willingness to pursue
distressed exchange transactions.
RATINGS RATIONALE
Naked Juice's Ca CFR reflects the high and imminent risk of
completing transactions Moody's will consider a default, very high
leverage and negative free cash flow. The ratings also reflect the
company's mature product category and increasing input costs
related to sourcing of orange juice and tariffs. The company must
also navigate through declining consumption of juice and a slow
growth environment as consumers continue to be negatively impacted
by inflation and may trade down to lower priced private label
juices or out of the category. Naked Juice's 9.6x debt-to-EBITDA
leverage as of the 12 months ended September 7, 2024 is likely to
stay elevated and negative free cash flow makes it challenging to
repay debt and invest in growth opportunities. Naked Juice's
sizable revenue base supported by well-known brands in key juice
categories such as Tropicana, Naked and KeVita, only partially
mitigate these risks. Naked Juice also has a leading market
position within the fresh juice category with well-known brands and
increased focus on product and packaging innovation. The retention
by PepsiCo of a 39% stake in Naked Juice is beneficial on multiple
fronts, including maintenance of pre-existing contracts and
distribution arrangements. Moody's views the bulk of the company's
products as mature and low growth that can make it challenging to
rapidly de-leverage, and Naked Juice will need to invest in product
development, marketing, and distribution to generate consistent
organic revenue and earnings growth.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Naked Juice's outlook is stable because the current rating
incorporates Moody's expectations of an imminent distressed
exchange as the company strives to improve liquidity and attain a
more sustainable capital structure. The outlook also reflects that
Moody's current ratings reflect the likely recovery range for
lenders.
Ratings could be downgraded further should Moody's views of the
level of family and instrument recovery decline.
Ratings could be upgraded if Naked Juice is able to improve
liquidity, reduce leverage and increase free cash flow or if
recovery prospects improve.
PRINCIPAL METHODOLOGY
The principal methodology used in these ratings was Soft Beverages
published in September 2022.
COMPANY PROFILE
Naked Juice LLC, headquartered in Chicago, Illinois, sells fresh
juices, teas, sparkling water and iced coffees. The company owns
the Tropicana, Naked Juice, KeVita and other select juice brands.
The company also sells products under licensed brands including
Dole, TAZO and Starbucks. The company was spun off from PepsiCo in
January 2022, with PAI Partners owning 61% and PepsiCo retaining a
39% stake. Revenue for the 12 months ended September 7, 2024 is
approximately $2.8 billion.
NAVIENT CORP: Moody's Affirms 'Ba3' CFR, Outlook Stable
-------------------------------------------------------
Moody's Ratings has affirmed Navient Corporation's (Navient) Ba3
corporate family rating and Ba3 senior unsecured debt ratings. The
outlook remains stable.
RATINGS RATIONALE
The ratings affirmation of Navient's Ba3 long-term ratings reflects
the company's predictable but declining cash flows from its Federal
Family Education Loan Program (FFELP) portfolio and highly seasoned
legacy private student loan portfolio, solid capitalization, and
sufficient liquidity. The affirmation also reflects the successful
execution thus far of management's plan to reduce fixed corporate
overhead costs, which included its decision to outsource the
servicing of its student loan assets to Missouri Higher Education
Loan Authority (MOHELA) and the sale of the Healthcare Services and
Government Services segments that together made up its Business
Process Servicing (BPS) segment.
While these transactions will modestly reduce Navient's revenue and
business diversification, Moody's believes the longer-term
profitability benefits and removal of a competitive constraint on
its private student loan origination business outweighs the
near-term loss of revenue. Exiting student loan servicing should
also reduce the company's exposure to regulatory risk, which
together with the settlement reached with the Consumer Financial
Protection Bureau (CFPB) last year on the decade-long litigation
over its student loan servicing practices is credit positive.
Navient's earnings have been pressured over the past couple of
years as a result of faster prepayments of FFELP loans as borrowers
refinanced into the Department of Education's (DoEd) Direct Loan
Program (DLP) to take advantage of income-driven payment programs
and potential debt forgiveness, a reduction in floor income from
higher interest rates, various restructuring charges from its
business transformation and legal settlement with CFPB, lower refi
loan originations, and more recently weaker credit performance on
its private student loans. However, Moody's expects earnings to
steadily improve over the outlook horizon as the company realizes
lower operating expenses from the corporate restructuring actions
it took last year and accelerates growth in its private student
loan originations.
Moody's considers Navient's greatest credit challenge to be
managing the timing of the cash flows from the loan portfolios with
its unsecured debt maturities. As the FFELP and legacy private
education loan portfolios have declined over the past decade,
Navient has meaningfully reduced its senior unsecured debt, which
stood at $5.4 billion as of December 31, 2024 compared to $17.4
billion as of December 31, 2014. As its net income to outstanding
unsecured debt is modest, the company will repay unsecured debt
largely from the return of overcollateralization from
securitization trusts, which stood at $4.8 billion as of December
31, 2024. The company has unsecured debt maturities over the next
three years of $500-$700 million per year, which Moody's views as
manageable in light of current cash liquidity, expected cash flows
from the securitization trusts, and contingent liquidity capacity.
Navient's asset quality is a credit strength although delinquency
trends and charge-off recovery rates in its private student loan
portfolio have weakened recently, in part attributable to weaker
performance of loans originated in 2022 and 2023. Roughly
two-thirds of Navient's $47 billion student loan portfolio as of
December 31, 2024 consisted of FFELP loans that are at least 97%
insured by the Government of United States (depending on the year
of origination). Charge-offs are just basis points, even though
FFELP loan delinquency and forbearance rates are historically much
higher than for private student loans. Likewise, the company's
private education loans are either highly seasoned (legacy) or
refinanced loans that it has originated through its Earnest
platform. These are high-quality loans, the majority of which are
graduate school borrowers with high credit scores and six figure
incomes. The credit performance of loans originated on its Earnest
platform will become a more important ratings driver over time as
the FFELP and legacy private student loans run off.
Navient's tangible common equity (TCE) to tangible managed assets
(TMA) ratio was a low 4.3% as of December 31, 2024, but is affected
by the FFELP portfolio, which requires little capital given the
modest credit risk from the Government of United States of America
credit guarantee and interest rate floors. If one adjusts for the
FFELP portfolio and assumes 50 basis points of capital (adjusted
TCE/TMA), Navient's adjusted TCE/TMA was considerably higher at 10%
as of December 31, 2024. Management targets maintaining this ratio
between 8% and 9%, although longer-term this will largely depend on
the relative loan origination growth of refinanced private
education loans on which the company holds 5% capital, and
in-school private education loans on which it holds 10% capital.
Moody's expects the company to maintain its adjusted TCE/TMA near
10% over the next 12-18 months.
The stable outlook reflects Moody's expectations that Navient will
maintain strong asset quality, stable earnings, and moderate
leverage, and that it will generate sufficient cash flow and
maintain an adequate liquidity buffer in advance of its unsecured
debt maturities.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company effectively executes
its strategic plan to meaningfully improve its efficiency and cost
structure, and by demonstrating sustained growth in profitability
from loans originated on the Earnest platform while maintaining
strong asset quality, moderate leverage, and sufficient liquidity
to meet its debt obligations in a stress scenario.
The ratings could be downgraded if the runoff of Navient's FFELP
portfolio substantially exceeds or falls below current payment
assumptions, resulting in a shortfall in liquidity needed to repay
upcoming debt maturities. The ratings could also be downgraded if
asset quality on its private education loans deteriorates sharply
or its adjusted TCE/TMA falls below 8% for a sustained period.
The principal methodology used in these ratings was Finance
Companies published in July 2024.
NELNET INC: Moody's Affirms 'Ba1' CFR & Alters Outlook to Stable
----------------------------------------------------------------
Moody's Ratings has affirmed Nelnet, Inc.'s (Nelnet) Ba1 corporate
family rating and Ba1 long-term issuer rating, and changed the
outlook to stable from negative.
RATINGS RATIONALE
The affirmation of Nelnet's Ba1 long-term ratings is supported by
the company's low leverage, solid profitability and cash flow
generation through credit cycles, strong asset quality, and
adequate liquidity position. However, the ratings are constrained
by the company's concentration of revenue driven by federal student
loan programs, particularly the importance of its servicing revenue
that comes from its contract with the US Department of Education
(DoEd), and the high usage of secured funding, which encumbers a
large portion of its balance sheet that could result in less
funding flexibility during periods of stress. As a student loan
servicer, Nelnet also faces high regulatory risk.
The change in outlook to stable from negative reflects a
stabilization in the company's profitability and earnings
visibility compared to a year ago, and further strengthening of its
capitalization from already high levels. While the company's
business and investment diversification strategy entails taking
incremental risks, Moody's believes these higher risks are
mitigated to a large extent by the stability of cash flows from its
more well-established core businesses, strong capitalization, and
more stable deposit funding.
Nelnet began originating new private student loans in 2021 through
its newly established Utah-chartered industrial bank subsidiary,
and Moody's expects private student loans and other unsecured
consumer loans originated through the bank to become a larger
contributor to the company's earnings over the next few years. The
Federal Family Education Loan Program (FFELP) portfolio has
declined meaningfully over the past few years and will continue to
runoff, but management expects it to produce positive cash flows of
over $1 billion over its remaining life. In addition, although
Nelnet's newly structured contract with the DoEd that began last
year is less profitable than the prior contract and continues to
produce the majority of the servicing business' revenue, the
company continues to expand its scale in the loan servicing
business by winning new servicing mandates, which gives us greater
confidence in the durability and further diversification of its
servicing revenue.
Nelnet continues to face operational and execution risks as it goes
through a strategic transformation of its business that
historically have been reliant on cash flows from its FFELP assets
and loan servicing. This has resulted in an array of investments in
unrelated business ventures such as renewable solar energy
development and tax credits, a fiber optics company, and a
collegiate and high school athletics streaming and analytics
platform. While these investments should further diversify its
revenue, they are less aligned with the company's historical areas
of expertise and scale, and their performance is less predictable.
Further, Nelnet is growing its origination and acquisition of
private education loans and other unsecured consumer loans where
its performance track record is relatively short and credit
performance has weakened over the past year.
Although Nelnet's business profile is in the midst of a
transformation, leading to greater uncertainty with respect to its
risk profile, the company has maintained a conservative financial
profile, reducing its leverage significantly and almost entirely
funding its business with term securitizations, warehouse
facilities and cash generated from operations. It also has grown
its bank deposits to $1.25 billion as of December 31, 2024, up from
$848 million as of the end of 2023, providing a more stable and
lower cost of funding to support loan growth in the bank. Tangible
common equity as a percentage of tangible assets stood at 22.9% as
of December 31, 2024 compared to 18.3% a year ago and up sharply
from 9.2% as of December 31, 2019. In addition to the relatively
stable cash flows of its core businesses and no unsecured debt
maturities, the company has substantial contingent liquidity in the
form of a $495 million unsecured line of credit, which was undrawn
as of December 31, 2024.
Moody's believes that Nelnet maintains negative governance risks
from the transition of its business model and the shorter track
record of some of its businesses and investments. As a result,
Nelnet's governance issuer profile score (IPS) is G-3, implying
moderate credit exposure to governance risk. Nelnet's G-3
governance score coupled with a social IPS score of S-5 due to
higher risks from demographic and societal trends related to the
student lending/servicing business results in a credit impact score
(CIS) of CIS-4, implying that ESG factors have a discernable
negative impact on its credit ratings.
The Ba1 issuer rating is aligned with the company's Ba1 CFR, and
incorporates the priority of claim of unsecured creditors in the
company's capital structure.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Nelnet's rating could be upgraded if the company demonstrates
progress in building its private student loan and unsecured
consumer loan origination and acquisition business while
maintaining strong asset quality and sufficient capital and
liquidity levels. In addition, further buildup of the scope and
prominence of Nelnet's fee-based businesses, in combination with
appropriate business line and customer diversification, would be
positive for the ratings.
The ratings could be downgraded if Moody's were to assess a
material deterioration in the company's financial performance or
significant increase in management's risk appetite. For example, if
net income to managed assets is sustained for an extended period
below 0.50% and/or earnings volatility increases meaningfully from
historical levels. In addition, the ratings could be downgraded if
leverage materially increases, or if asset quality on newly
originated unsecured consumer loans is poor.
The principal methodology used in these ratings was Finance
Companies published in July 2024.
NEW FOCUS: Seeks to Hire Agentis PLLC as Bankruptcy Counsel
-----------------------------------------------------------
New Focus Mental Health seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to hire Agentis PLLC as
general restructuring and bankruptcy counsel.
The firm will render these services:
a. advise the Debtor with respect to its powers and duties as
debtor-in possession and the continued management of his affairs;
b. advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
c. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
d. protect the interests of the Debtor and the estate in all
matters pending before the Court; and
e. represent the Debtor in negotiations with creditors in the
preparation of a plan.
The hourly rates of the firm's counsel and staff are as follows:
Attorneys $315 - $710
Paralegals $85 - $255
Jacqueline Calderin, founding partner at Agentis, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jacqueline Calderin, Esq.
Agentis PLLC
45 Almeria Avenue
Coral Gables, FL 33134
Telephone: (305) 722-2002
E-mail: jc@agentislaw.com
About New Focus Mental Health
New Focus Mental Health is headquartered in Miami, Florida, which
provides supportive services to individuals with ongoing depression
and anxiety by providing a wide array of services to individuals
through its network of independent contractors and targeted case
managers. Such services include psychosocial rehabilitation
(assisting clients in gaining access to financial and insurance
benefits, employment, medical, social, education, and functional
services), and developing/implementing targeted service plans with
the goal of enhancing the client's inclusion in the community.
New Focus Mental sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13613-LMI) on April
1, 2025.
Judge Laurel M. Isicoff presides over the case.
Jacqueline Calderin, Esq., at AGENTIS PLLC represents the Debtor as
legal counsel.
NEW LONDON: Seeks to Hire Cullen and Dykman LLP as Counsel
----------------------------------------------------------
New London Pharmacy, Inc. and Eleni International, Inc. seek
approval from the U.S. Bankruptcy Court for the Southern District
of New York to hire Cullen and Dykman LLP as counsel.
The firm's services include:
a. advising the Debtor with respect to its powers and duties
in the continued operation of its business and management of its
property;
b. representing the Debtor before the bankruptcy court and any
other court of competent jurisdiction on matters pertaining to its
affairs;
c. assisting the Debtor in the preparation and negotiation of
a plan of reorganization with its creditors and other parties in
interest;
d. advising the Debtor on financing matters;
e. advising the Debtor in connection with the sale of its
assets;
f. advising the Debtor with respect to any leases and
agreements and its obligations and rights;
g. advising the Debtor on legal issues related to its
reorganization;
h. preparing legal documents;
i. performing all other necessary legal services for the
Debtor, and
j. taking all necessary actions to protect and preserve the
value of the estate of the Debtor and other related matters.
The hourly rates charged by the firm for its services are:
Ralph Preite, Esq. $700 per hour
Michelle McMahon, Esq. $790 per hour
Associate $305 to $410 per hour
The firm will also receive reimbursement for out-of-pocket
expenses.
The retainer fee is $10,158.13.
Ralph Preite, Esq., a partner at Cullen and Dykman, disclosed in a
court filing that his firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Ralph Preite, Esq.
Cullen and Dykman, LLP
333 Earle Ovington Blvd, 2nd Floor
Uniondale, NY 11553
Tel: (516) 357-3700
Email: rpreite@cullenllp.com
About New London Pharmacy
New London Pharmacy, Inc. owns and operates a health care business
in New York. Its affiliate, Eleni International Inc., is a New
York-based healthcare company specializing in retail pharmacy.
New London Pharmacy and Eleni International filed Chapter 11
petitions (Bankr. S.D. N.Y. Lead Case No. 25-10107) on February 23,
2025. At the time of the filing, both Debtors reported between $1
million and $10 million in assets and liabilities.
Judge John O. Mastando, III oversees the cases.
Ralph E. Preite, Esq., at Cullen and Dykman LLP, represents the
Debtors as legal counsel.
Cardinal Health 110, LLC, as lender, is represented by Scott A.
Zuber, Esq. at Chiesa Shahinian & Giantomasi, PC.
NICK'S PIZZA: Court Extends Cash Collateral Access
--------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois
issued a third interim order authorizing Nick's Pizza & Pub, Ltd.
to use cash collateral.
The Debtor was authorized to continue to use its lenders' cash
collateral to pay the expenses set forth in its budget.
To the extent funds are available from operations after creating a
$75,000 reserve and after paying attorneys' fees pursuant to
Section 330 of the Bankruptcy Code, the Debtor was authorized to
make monthly partial rent payments for its Crystal Lake and Elgin
restaurant in an amount in excess of the reserve amount.
The Debtor's right to use the Lenders' cash collateral will expire
on June 23 or the date of the final hearing.
The next hearing is scheduled for June 18.
About Nick's Pizza & Pub, Ltd.
Nick's Pizza & Pub, Ltd. is a family-friendly restaurants in
Crystal Lake and Elgin, serving thin-crust Chicago pizza.
Nick's Pizza & Pub filed Chapter 11 petition (Bankr. N.D. Texas
Case No. 24-18037) on December 2, 2024, with assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million assets between $100,000 and $500,000 and
liabilities between $1 million and $10 million. Nicholas Sarillo,
president of Nick's, signed the petition.
Judge Janet S. Baer handles the case.
The Debtor is represented by:
Matthew T. Gensburg, Esq.
Gensburg Calandriello & Kanter, P.C.
200 W. Adams St., Ste. 2425
Chicago, IL 60606
Tel: (312) 263-2200
Fax: (312) 263-2242
Email: mgensburg@gcklegal.com
NIGEL LAUGHTON: Trustee Taps Golenbock Eiseman as Legal Counsel
---------------------------------------------------------------
Jonathan L. Flaxer, Chapter 11 trustee of Nigel Laughton LLC, seeks
approval from the U.S. Bankruptcy Court for the Eastern District of
New York to hire Golenbock Eiseman Assor Bell & Peskoe LLP as his
counsel.
The firm's services include:
(i) providing legal advice and all legal services necessary to
assist the Trustee in his efforts to maximize the value of the
Estate and investigate the Estate's assets and financial affairs;
(ii) assisting in the investigation of the acts, conduct,
assets, liabilities, and financial condition of the Debtor and
insiders;
(iii) evaluating and pursuing potential causes of action
belonging to the Estate, including under chapter 5 of the
Bankruptcy Code, if any;
(iv) preparing or reviewing on behalf of the Trustee, such
motions, applications, answers, orders, reports, and other papers
in connection with the administration of the Debtor's Estate;
(v) at the request of the Trustee, taking such action as may
be necessary to protect and preserve the Estate, including the
prosecution of actions on the Trustee's or Debtor's behalf, the
defense of any actions commenced against the Debtor or the Trustee,
and prosecute objections to claims designated by the Trustee as
subject to objection;
(vi) assisting the Trustee in negotiating, drafting and
obtaining confirmation of a chapter 11 plan for the Debtor;
(vii) providing tax advice as related to this case; and
(viii) performing such additional necessary legal services as may
be required by the Trustee in his carrying out of his statutory
duties.
The firm will be paid at these rates:
Michael S. Weinstein, Esq. $625 per hour
Attorneys $385 to $1,030 per hour
Paralegals $240 to $275 per hour
Michael Weinstein, Esq., a partner at Golenbock, assured the court
that his firm is a "disinterested person," as that term is defined
in section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Michael S. Weinstein, Esq.
Golenbock Eiseman Assor Bell & Peskoe LLP
711 Third Avenue
New York, NY 10017
Phone: (212) 907-7347
Email: mweinstein@golenbock.com
About Nigel Laughton LLC
Nigel Laughton LLC sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40082) on January
8, 2025, listing up to $50,000 in both assets and liabilities.
Judge Elizabeth S Stong presides over the case.
NORTH AMERICAN CONSTRUCTION: S&P Assigns 'BB-' ICR, Outlook Stable
------------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issuer credit rating to
mining services provider North American Construction Group (NACG).
S&P also assigned its 'BB-' issue-level and '4' (35%) recovery
rating to the company's proposed senior unsecured notes.
The stable outlook reflects S&P's expectation that NACG will
generate low-to-mid single-digit percent EBITDA growth and positive
discretionary cash flow generation as it executes its large
backlog, contributing to adjusted debt to EBITDA in the mid-to-low
2x area by 2026.
NACG has a large fleet of heavy equipment with a large backlog to
service the mining operations in Canada and Australia. NACG is a
provider of construction services to resource development and
industrial businesses (including upstream oil producers and mining
companies) in relatively low risk jurisdictions that include
Australia (about 50% of 2024 revenue) and Canada (48%) and the U.S.
(2%). The company primarily generates revenue from heavy
earthmoving surface mining services with modest exposure to civil
construction and equipment and component sales. S&P said, "NACG
maintains a large fleet used in its operations of more than 1,100
units (of which about 78% is owned and the rest leased), including
haul trucks, loading units, and dozers and graders that we expect
will be used at a high rate as the company delivers on its
contracted backlog of about $3.5 billion as of Dec. 31, 2024. These
contracts are typically three to five years, and most are based on
time and materials or equipment rental rates, with only about 5%
under fixed price agreements. We assume the company will generate
mid-single-digit percent revenue growth this year and
low-single-digit percent annual growth thereafter, with adjusted
EBITDA margins of about 30% and a return on capital in the
low-to-mid teens percent area, which we consider above average. In
our view, the company has a flexible operating cash cost structure
that should enable it to limit EBITDA margin compression during a
downturn. However, the business it operates is capital-intensive
because the company is required to continuously invest in its fleet
to remain competitive. We assume capital expenditure (capex) will
be about 15% of revenue going forward and limit free operating cash
flow (FOCF) generation."
S&P said, "Our ratings reflect our view of NACG's exposure to
commodity price volatility and high customer concentration. NACG
has historically maintained a strong market position in the oil
sands region in Western Canada and expanded its presence in
Australia following its acquisition of Mackellar Group in October
2023. This acquisition increased the company's scale and
diversified the company's earnings by geographic area, commodity,
and customers. That said, NACG remains exposed to cyclical and
volatile commodity prices, with most of its services offered to
mining companies in the Canadian oil sands, metallurgical and
thermal coal in Queensland, Australia, and iron ore in Western
Australia. In our view, cyclical downturns could reduce the
production volumes of its key customers and contribute to lower
demand, revenue, and earnings from the services NACG providers.
Furthermore, we note that NACG's four largest customers account for
about 70% of its revenue, thereby exposing the company to
potentially lower demand from one of these key customers, including
from reduced volumes or a decision to not renew its contract with
NACG. That said, we consider most of these customers to be large
producers, with reserve lives at the mine's NACG services that
extend well beyond five years. Contract renewal rates have
historically been high at NACG and its subsidiaries due in part to
the high costs and possible operating disruptions from changing
service providers or deciding to bring those services in-house.
"We expect NACG will reduce adjusted debt to EBITDA to the
mid-to-low 2x area by 2026, supported by solid earnings and cash
flow growth that should facilitate debt reduction. Following NACG's
acquisition of Mackellar on Oct. 1, 2023, for about $380 million
(including about $200 million of equipment financing assumed), the
company's pro forma adjusted debt to EBITDA increased to the 3x
area in 2023 and 2024, mostly reflecting higher debt levels. We
expect NACG's leverage to substantially decline over the next
couple of years to about 2x. This stems from our assumption of
low-to-mid single-digit percent revenue growth and flat to modestly
higher EBITDA margins, leading to adjusted EBITDA of about C$370
million in 2026 from about C$340 million in 2024 as the company
executes its large contract backlog. We also assume the company
will generate positive annual FOCF of about C$60 million in 2025
and double that in 2026, most of which will go toward debt
reduction. This increase in FOCF generation stems primarily from
higher earnings and reduced capex following a period of higher
growth capex from the acquisition of Mackellar and recently awarded
contracts. Notwithstanding relatively low expected leverage, our
financial risk profile on NACG also considers the potential
volatility in credit measures stemming from the company's exposure
to cyclical and volatile commodity prices, high customer
concentration, and the capital intensity of its business.
"The stable outlook reflects our expectation that NACG will
generate low- to mid-single-digit percent EBITDA growth and
positive discretionary cash flow generation as it executes its
large backlog, contributing to adjusted debt to EBITDA in the
mid-to-low 2x area by 2026.
"We could lower our ratings on NACG over the next 12 months if we
expected adjusted debt to EBITDA to be sustained above 3x. This
could occur if there were a prolonged downturn in commodity markets
leading to weaker demand for the company's services, the company
experienced a loss of a key customer, or the company pursued a
large debt-financed acquisition or distribution.
"We could raise our ratings on NACG if we expected the company to
sustain adjusted debt to EBITDA of about 2x supported by good
organic growth prospects and above-average margins. In this
scenario, we would likely also expect the company to have increased
its scale and diversified its customer base."
NORTHSTARR BUILDERS: Unsecured Creditors to Split $25K in Plan
--------------------------------------------------------------
Northstarr Builders, LLC, filed with the U.S. Bankruptcy Court for
the Eastern District of Michigan a Plan of Reorganization dated
March 24, 2025.
The Debtor is a Michigan Limited Liability Company in good
standing. It operates a construction business in Burton, Michigan.
The business is operated by its sole shareholder Marty Johnson.
Marty Johnson lost control of the business, lost control of the
individual jobs and therefore lost control of money coming in and
money going out. With this loss of control the Debtor went tout of
trust on certain of its jobs and was unable to complete jobs for
which it had contracted. Faced with mounting losses with little
cash on hand and threats from customers the Debtor as forced to
file this case.
The Debtor's financial projections show that the Debtor will have
projected disposable income in an amount sufficient to meet the
requirements of this Plan.
Class 7 consists of Unsecured Creditors. The total amount of
unsecured debt totals $544,418. Unsecured creditors shall share in
sum total of $25,000 over the life of the Plan. These funds shall
be paid quarterly with the first of 16 quarterly payments of
$1562.50 due 12 months from confirmation with each creditor paid on
a prorata basis. This Class is impaired.
A full-text copy of the Plan of Reorganization dated March 24, 2025
is available at https://urlcurt.com/u?l=2UPAMs from
PacerMonitor.com at no charge.
About Northstarr Builders
Northstarr Builders, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Mich. Case No. 24-32419) on
December 23, 2024, with up to $100,000 in assets and up to $1
million in liabilities. Marty Johnson, company owner, signed the
petition.
Judge Joel D. Applebaum represents the Debtor as legal counsel.
The Debtor is represented by:
George E. Jacobs, Esq.
Bankruptcy Law Office
2425 S. Linden Rd., Suite C
Flint, MI 48532
Tel: 810-720-4333
Email: george@bklawoffice.com
NORTHVOLT AB: Assets Draw Interest from Several Potential Buyers
----------------------------------------------------------------
Jonas Ekblom of Bloomberg News reports that "two to three"
international parties are interested in acquiring the assets of
bankrupt Swedish battery maker Northvolt, bankruptcy trustee Mikael
Kubu said in an interview with Swedish Radio.
Kubu stated that the interested buyers are making "considerable
efforts" to reach a deal involving major portions of Northvolt's
assets and operations. He noted that the parties are currently
auditing the assets, and that the process will take time, with no
bids submitted yet.
He also mentioned that production at Northvolt's Skellefteå
facility will continue "at least" through the end of May 2025.
About Northvolt AB
Northvolt AB was established in 2016 in Stockholm, Sweden.
Pioneering a sustainable model for battery manufacturing, the
company has received orders from several leading automotive
companies. The company is currently delivering batteries from its
first gigafactory, Northvolt Ett, in Skelleftea, Sweden and from
its R&D and industrialization campus, Northvolt Labs, in Vasteras,
Sweden.
On Nov. 21, 2024, Northvolt AB and eight affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code (Bankr. S.D. Tex. Case No. 24-90577).
The cases are before the Honorable Alfredo R. Perez.
Northvolt is being advised by Teneo as its restructuring and
communications advisor. Kirkland & Ellis LLP, A&O Shearman and
Mannheimer Swartling Advokatbyra AB are serving as legal counsel.
The company has also engaged Rothschild & Co to run its marketing
process. Stretto is the claims agent.
NUEVA VISTA: Section 341(a) Meeting of Creditors on May 27
----------------------------------------------------------
On April 23, 2025, Nueva Vista 2018 LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Central District
of California. According to court filing, the
Debtor reports $7,854,164 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 27,
2025 at 01:00 PM at UST-SA1, Telephonic Meeting. Conference
Line:1-866-919-0527, Participant Code: 2240227.
About Nueva Vista 2018 LLC
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.
Nueva Vista 2018 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11051) on April 23,
2025. In its petition, the Debtor reports total assets of
$5,600,000 and total liabilities of $7,854,164
Honorable Bankruptcy JudgeScott C. Clarkson handles the case.
The Debtor is represented by James Mortensen, Esq. at SOCAL LAW
GROUP, PC.
O'RYAN OREGON: Voluntary Chapter 11 Case Summary
------------------------------------------------
Debtor: O'Ryan Oregon Ranches, LLC
8180 Lakeview Center, Suite 300
Odessa, TX 79765
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-90008
Judge: Hon. Mark X Mullin
Debtor's Counsel: Thomas D. Berghman, Esq.
MUNSCH HARDT KOPF @ HARR, P.C.
500 N. Akard St., Ste. 4000
Dallas, TX 75201
Tel: 214-855-7500
E-mail: tberghman@munsch.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $50 million to $100 million
Brad Walker, the chief restructuring officer, signed the petition.
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/MOEP7EA/ORyan_Oregon_Ranches_LLC__txnbke-25-90008__0001.0.pdf?mcid=tGE4TAMA
O'RYAN RANCHES: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: O'Ryan Ranches, LLC
8180 Lakeview Center, Suite 300
Odessa, TX 79765
Business Description: O'Ryan Ranches, LLC is a Texas-based company
engaged in ranching operations.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-90009
Judge: Hon. Mark X Mullin
Debtor's Counsel: Thomas D. Berghman, Esq.
MUNSCH HARDT KOPF & HARR, P.C.
500 N. Akard St., Ste. 4000
Dallas, TX 75201
Tel: 214-855-7500
E-mail: tberghman@munsch.com
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Brad Walker as chief restructuring
officer.
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/KYN5IKA/ORyan_Ranches_LLC__txnbke-25-90009__0001.0.pdf?mcid=tGE4TAMA
OVG BUSINESS: Moody's Assigns 'B2' CFR, Outlook Stable
------------------------------------------------------
Moody's Ratings assigned B2 corporate family rating and B2-PD
probability of default rating and a stable outlook to OVG Business
Services Intermediate Holdings, LLC ("OVG" or "the company"), a
provider of venue and hospitality management services mainly in the
US with a growing international presence. Concurrently, Moody's
withdrew the B2 CFR, B2-PD PDR and affirmed the B2 ratings on the
senior secured credit facilities (1st lien term loan B and 1st lien
revolving credit facility) that are issued at OVG Business
Services, LLC. The outlook has been changed to stable from positive
reflecting Moody's expectations that the company will continue to
use cash to invest in new contracts that will limit free cash flow
generation. In addition, deleveraging has been slower than
previously expected. The company incurred debt under its revolver
to finance a distribution, which delayed debt/EBITDA reduction and
indicates more aggressive financial policies, a key ESG governance
consideration, than originally anticipated.
RATINGS RATIONALE
OVG's B2 CFR reflects the company's moderate financial leverage,
with debt/EBITDA of 4.4x for the 12 months ended September 30,
2024. Moody's expects financial leverage will remain in this range
over the next 12 to 18 months, supported by stable revenue and
EBITDA margins of around 14%. The company has a good track record
of winning new clients that has helped grow EBITDA. OVG benefits
from its position as the one of the largest venue management and
food and beverage service providers the US. Low customer
concentration across diverse end markets, and recurring a revenue
base from multi-year customer contracts also support the credit.
The company's revenue is highly concentrated in the segment of the
hospitality industry focused on providing food services, catering,
concessions, and merchandise management at stadiums, concert venues
and convention centers, which accounts for the majority of revenue.
The company is exposed to cyclical volatility since revenue is
dependent on discretionary spending by consumers, which can decline
when economic conditions are not favorable. There could also be
margin pressure if the company is unable to pass through
inflationary increases in food and beverage costs to customers.
Revenue also depends on the ability of promoters to attract
in-demand artists and sports teams to the venues that are serviced
by OVG. As such, the venues compete with non-OVG venues for
content. Revenue is also supported by the company's unique
relationship with arenas that are partially owned by Oak View
Group. These arenas are not included in the credit group but OVG
has long-term contracts in place to provide services to the
venues.
All financial metrics cited reflect Moody's standard adjustments.
OVG's liquidity profile is good. Liquidity is supported by $108
million in cash as of the end of December 31, 2024. Moody's expects
that OVG will be able to generate free cash flow of at least $50
million annually. Liquidity is also supported by the $250 million
revolver maturing in 2029 that had approximately $100 million drawn
as of the end of December 2024. Moody's expects that the company
may draw on the revolver to finance acquisitions. There is a
springing financial covenant for the revolver that is tested when
revolver drawings exceed 40% of the nominal amount. The covenant is
a maximum first-lien net leverage ratio set at the greater of
7.75x. Moody's Ratings expects OVG will maintain a comfortable
cushion against the covenant, as of December 31, 2024 the company
reported a 2.46x covenant level per the Credit Agreement
definition.
The B2 rating on the senior secured credit facilities is the same
the B2 CFR given the single class of first-lien secured debt and
reflects an overall loss given default assumption of 50%. The
company's capital structure includes a $250 million revolver due
June 2029 and a $600 million term loan B due June 2031. The credit
facility has a first priority security interest in substantially
all assets of the borrower.
The stable outlook reflects Moody's expectations of growth in
revenue over the next 12 to 18 months, supported by new contract
wins. Margins will remain stable assuming the company will be able
to pass any increases in costs in food and beverage to customers.
The outlook also assumes that spending on live entertainment will
not decline materially as a result of weakening economic conditions
over the next 12-18 months.
Moody's have decided to withdraw the rating(s) for Moody's own
business reasons.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if OVG expands its scale and further
diversifies revenue sources to increase the proportion of revenue
from venue services or partnerships, if Moody's expects debt/EBITDA
to remain below 4x and free cash flow to debt is sustained above
8%. Demonstration of balanced financial strategies as it pertains
to leverage and allocation of capital including acquisitions and
distributions would also support a ratings upgrade. Good liquidity
would also have to be maintained for a ratings upgrade.
The ratings could be downgraded if company's revenue and earnings
decline, EBITDA margins decline and are not expected to improve, if
Moody's expects debt to EBITDA to remain above 6x, free cash flow
to debt declines below 3% and the company adopts more aggressive
financial policies. These include debt-funded acquisitions or
dividend payments prior to debt reduction. Deteriorating liquidity
could also result in a ratings downgrade.
OVG Business Services, LLC ("OVG") provides venue and hospitality
management services that include complete venue management
solutions and execution of large-scale events for venues including
arenas, convention centers, theaters, and stadiums. The company's
venues are located mainly in the US. Moody's expects OVG to
generate around $1.3 billion in revenue for the fiscal year ending
June 30, 2025.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
PARAMOUNT DRUG: Seeks to Hire Fleming Advisors as Accountant
------------------------------------------------------------
Paramount Drug, LLC seeks approval from the U.S. Bankruptcy Court
for the District of New Jersey to hire Fleming Advisors, LLC as
accountant.
Fleming Advisors will continue to provide accounting services for
the Debtor.
The firm's monthly fee is $1,080.
Fleming Advisors is a "disinterested person" within the meaning of
11 U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Stephen P. Martin, CPA
Fleming Advisors, LLC
8813 N. 145th East Ave.
Owasso, OK 74055
About Paramount Drug LLC
Paramount Drug, LLC offers a range of pharmacy services, including
prescription fills and refills, immunizations, and the provision of
durable medical equipment. As a member of Good Neighbor Pharmacy,
it is committed to providing personalized care and customer
satisfaction.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.J. Case No. 25-12381) on March 7,
2025. In the petition signed by Sharon Maher, principal, the Debtor
disclosed $269,300 in assets and $1,534,570 in liabilities.
Judge Andrew B. Altenburg, Jr. oversees the case.
Carol L. Knowlton, Esq., at Gorski & Knowlton, P.C., represents the
Debtor as legal counsel.
PARTIDA HOLDINGS: Hires Hammond Law Firm as Legal Counsel
---------------------------------------------------------
Partida Holdings of Tulsa, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Oklahoma to employ
Hammond Law Firm as counsel to handle its Chapter 11 case.
The firm will be paid at these rates:
Attorneys $500 per hour
Legal Assistants/Law Clerks $100 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Gary Hammond, Esq., an attorney at Hammond Law Firm, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Gary D. Hammond, Esq.
Hammond Law Firm
512 NW 12th Street
Oklahoma City, OK 73103
Telephone: (405) 232-6358
Facsimile: (405) 232-6358
Email: gary@okatty.com
About Partida Holdings of Tulsa, LLC
Partida Holdings of Tulsa, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. Okla. Case No. 25-11038) on April 10, 2025. The
Debtor hires Hammond Law Firm as counsel.
PARTIDA HOLDINGS: Seeks Approval to Tap Hammond Law as Counsel
--------------------------------------------------------------
Partida Holdings of Lawton, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Oklahoma to employ
Hammond Law Firm as counsel to handle its Chapter 11 case.
The firm will be paid at these rates:
Attorneys $500 per hour
Legal Assistants/Law Clerks $100 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Gary Hammond, Esq., an attorney at Hammond Law Firm, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Gary D. Hammond, Esq.
Hammond Law Firm
512 NW 12th Street
Oklahoma City, OK 73103
Telephone: (405) 232-6358
Facsimile: (405) 232-6358
Email: gary@okatty.com
About Partida Holdings of Lawton, LLC
Partida Holdings of Lawton, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. Okla. Case No. 25-11043) on April 10, 2025. The
Debtor hires Hammond Law Firm as counsel.
PARTIDA HOLDINGS: Seeks to Hire Hammond Law Firm as Counsel
-----------------------------------------------------------
Partida Holdings of Fayetteville, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Oklahoma to employ
Hammond Law Firm as counsel to handle its Chapter 11 case.
The firm will be paid at these rates:
Attorneys $500 per hour
Legal Assistants/Law Clerks $100 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Gary Hammond, Esq., an attorney at Hammond Law Firm, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Gary D. Hammond, Esq.
Hammond Law Firm
512 NW 12th Street
Oklahoma City, OK 73103
Telephone: (405) 232-6358
Facsimile: (405) 232-6358
Email: gary@okatty.com
About Partida Holdings of Fayetteville, LLC
Partida Holdings of Fayetteville, LLC, filed a Chapter 11
bankruptcy petition (Bankr. Okla. Case No. 25-11045) on April 10,
2025. The Debtor hires Hammond Law Firm as counsel.
PARTIDA HOLDINGS: Seeks to Tap Hammond Law Firm as Counsel
----------------------------------------------------------
Partida Holdings of Little Rock, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Oklahoma to employ
Hammond Law Firm as counsel to handle its Chapter 11 case.
The firm will be paid at these rates:
Attorneys $500 per hour
Legal Assistants/Law Clerks $100 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Gary Hammond, Esq., an attorney at Hammond Law Firm, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Gary D. Hammond, Esq.
Hammond Law Firm
512 NW 12th Street
Oklahoma City, OK 73103
Telephone: (405) 232-6358
Facsimile: (405) 232-6358
Email: gary@okatty.com
About Partida Holdings of Little Rock, LLC
Partida Holdings of Little Rock, LLC, filed a Chapter 11 bankruptcy
petition (Bankr. Okla. Case No. 25-11041) on April 10, 2025. The
Debtor hires Hammond Law Firm as counsel.
PELICAN INTERNATIONAL: Gets CCAA Initial Stay Order; FTI as Monitor
-------------------------------------------------------------------
The Superior Court of Quebec ("Court") issued an initial order
under the Companies' Creditors Arrangement Act, ("Initial Order")
in respect of Pelican International Inc., Pelican US Topco LLC and
Confluence Outdoor Inc., appointing FTI Consulting Canada Inc., a
licensed insolvency trustee, as monitor to the business. Pursuant
to the Initial Order, the Court ordered a stay of all proceedings
with respect to the Debtors, its property and its directors and
officers.
On Feb. 28, 2025, Pelican International Inc. filed a Notice of
Intention to Make a Proposal ("NOI") pursuant to section 50.4(1) of
the Bankruptcy and Insolvency Act ("BIA").
For additional information please contact:
Oswaldo Vibert: 514-446-5124
Patrick Fillion: 514-446-5124
Email: pelican@fticonsulting.com
The Initial Order as well as other materials filed in the context
of the aforementioned proceedings, including FTI's pre-filing
report, are available on the Monitor's Website at:
http://cfcanada.fticonsulting.com/Pelican
Pelican International Inc. designs and manufactures boats. The
Company offers a wide variety of boats, including kayaks, canoes,
pedal, and fishing boats. Pelican International serves customers
in Canada.
PLF SHOREVIEW MEZZ: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: PLF Shoreview Mezz LLC
9050 N. Capital of Texas Hwy.
Bldg. 3 Suite 320
Austin TX 78759
Case No.: 25-10568
Chapter 11 Petition Date: April 24, 2025
Court: United States Bankruptcy Court
Western District of Texas
Judge: Hon. Shad Robinson
Debtor's
General
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/6KIVYWQ/PLF_Shoreview_Mezz_LLC__txwbke-25-10568__0001.0.pdf?mcid=tGE4TAMA
PLF SHOREVIEW: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: PLF Shoreview 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
Eastern District of Texas
Case No.: 25-10571
Debtor's Counsel: Stephen J. Humeniuk, Esq.
TROUTMAN PEPPER LOCKE LLP
600 Congress Ave., Suite 2200
Austin TX 78701
Tel: (512) 305-4700
E-mail: stephen.humeniuk@troutman.com
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Monte Lee-Wen as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4P3CTKA/PLF_Shoreview_LLC__txwbke-25-10571__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Ally Waste Services Trade Debt $10,320
2509 S. Power Rd. Ste 101
Gilbert, AZ 85296
Tel: (877) 689-2559
2. Casoro Group Trade Debt $6,860
Highway 320
Austin, TX 78759
3. Chadwell Supply, Inc. Trade Debt $2,523
5115 Joanne Kearny Blvd
Tampa, FL 33619
Tel: (888) 341-2423
4. Cintas Fire Protection Trade Debt $10,616
PO Box 636525
Cincinnati, OH 45263-6525
5. City of Bradenton Trade Debt $12,001
Water and Sewer Department
P.O. Box 1339
Bradenton, FL 34206-1339
6. CoStar Realty Information, Inc. Trade Debt $8,076
2563 Collection Center Dr.
Chicago, IL 60693
7. Crown Roofing LLC Trade Debt $4,878
240 Field End St
Sarasota, FL 34240
Tel: (855) 276-9655
8. Flanagan Bilton, LLC Trade Debt $28,126
1 N La Salle St, Ste 2100
Chicago, IL 60602
9. Flooring - Sherwin Williams Trade Debt $4,641
101 W. Prospect Avenue
Cleveland, OH 44115
10. FPL Energy Services Trade Debt $4,573
PO Box 25426
Miami, FL 33102
Tel: (877) 375-4674
11. Group Fenix LLC Trade Debt $4,390
9024 Hogans Bend
Tampa, FL 33647
Tel: (786) 678-2044
12. Investcor Capital, LLC Trade Debt $4,547
3001 RR 620 S, Suite #324
Austin, TX 78738
13. Matrix Turnkey Inc. Trade Debt $5,248
PO Box 4124
Brandon, FL 33509
Tel: (813) 478-3717
14. Michael's Fence Trade Debt $6,550
2523 W Knollwood St
Tampa, FL 33614-4373
15. Precision Gate & Security, Inc. Trade Debt $5,123
350 W Venice Ave. #153
Venice, FL 34285
Tel: (813) 404-6278
16. ResProp Management Trade Debt $26,354
Company, LLC
1101 W. 34th St. #323
Austin, TX 78705
17. Right Way Elevator Maintenance Trade Debt $5,552
9790 16th Street North St.
Petersburgh, FL 33716
Tel: (727) 348-6966
18. Sapphire Cleaning LLC Trade Debt $9,440
1014 24th St E Palmetto
Fl 34221-2733
19. Tower Compactor Rentals, LLC Trade Debt $3,076
6910 E. Chauncey Lane
Suite 130
Phoenix, AZ 85054
Tel: (602) 200-3426
20. Valet Living, LLC Trade Debt $11,572
Dept #9791
PO Box 850001
Orlando, FL 32885-9791
Tel: (844) 422-4675
PR BIRMINGHAM: Seeks to Sell Apartment Complexes at Auction
-----------------------------------------------------------
PR Bingham, LLC and its affiliate, PR Madison LLC, seeks permission
from the U.S. Bankruptcy Court for the Southern District of
Indiana, Indianapolis Division, to sell Real Estate, free and clear
of liens, claims, interests, and encumbrances.
The Debtors are Missouri limited liability companies solely in the
business of owning and operating two apartment complexes located in
Anderson, Indiana.
Bingham was formed on September 5, 2019. The business model was a
repeat iteration of similar endeavors beginning in 2012. Gary
Plichta, a member of the Debtors and an experienced property
manager and real estate developer, would identify properties with
the idea of improving them and selling the enhanced project.
The Bingham apartment complex is located at 2725 West 16th Street,
Anderson, Indiana 46011, contains 109 one, two, and three bedroom
units and was built in 1956. The Bingham Complex was in a poor
condition when
Bingham purchased it.
Madison was formed on April 15, 2021. The business model was
similar to Bingham. The ownership of Madison is identical to
Bingham. The Madison project was purchased with a down payment of
$586,692.00.
The Madison apartment complex is located at 1801 North Madison
Avenue, Anderson, Indiana 46011, contains 89 one, two, and three
bedroom units and was built in 1964. The Bingham Complex and the
Madison Complex
are the Apartment Complexes.
The Debtors hire MMG Real Estate Advisors to market and sell the
Apartment Complexes.
The Debtors receive a purchase offer of the Apartment Complexes to
Sycamore Ridge Apartments LLC and Brookstone Flats LLC, for a
combined $5,000,000.00.
The Debtors seek an order to approve and authorize a sale of the
Apartment Complexes via stalking horse sale as a legal, valid, and
effective transfer of the Apartment Complexes which will vest the
Purchasers with all right, title, and interest in the Apartment
Complexes free and clear of any liens and claims.
The Debtors and Purchasers have negotiated a break-up fee of
$50,000.00.
The Debtors submit a reasonable break-up fee is 3% of the purchase
price. In this case, $50,000.00 is less than that amount and is
therefore reasonable.
Bingham and Madison both owe for Spring and Fall 2024 real property
taxes.
The Debtors propose bid procedures for the Apartment Complexes,
designed to maximize the realizable value of the Property.
The Debtors have determined that the sale of the Apartment
Complexes will maximize the value of the Debtors’ estate and is
in the best interest of the estate and its creditors.
About PR Bingham LLC
PR Bingham LLC is engaged in real estate.
PR Bingham sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Ind. Case No: 25-02164-JJG-11) on April 18, 2025.
Judge Jeffrey J. Graham presides over the case.
Jeffrey M. Hester at Hester Baker Krebs LLC represents the Debtor
as legal counsel.
PR DIAMOND: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------
Debtor: PR Diamond Products, Inc.
d/b/a Brand X Blades
6625 S. Valley View Blvd.
Ste. 114-116
Las Vegas, NV 89118
Business Description: Founded in 1983, PR Diamond Products, Inc.
manufactures and supplies diamond blades,
core bits, and cutting equipment for
contractors and industrial users across the
United States. Based in Las Vegas, Nevada,
the Company offers tools for cutting
concrete, asphalt, masonry, granite, stone,
tile, and metals.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
District of Nevada
Case No.: 25-12370
Debtor's Counsel: Matthew C. Zirzow, Esq.
LARSON & ZIRZOW, LLC
850 E. Bonneville Ave.
Las Vegas, NV 89101
Tel: 702-382-1170
Fax: 702-382-1169
E-mail: mzirzow@lzlawnv.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Leo Schafer 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/B7IP4AQ/PR_DIAMOND_PRODUCTS_INC__nvbke-25-12370__0001.0.pdf?mcid=tGE4TAMA
PRECISION DRILLING: Fitch Affirms BB- LongTerm IDR, Outlook Stable
------------------------------------------------------------------
Fitch Ratings has affirmed Precision Drilling Corporation's
(Precision) Long-Term Issuer Default Rating at 'BB-'. Fitch has
also affirmed Precision's senior unsecured notes ratings at 'BB-'
with a Recovery Rating of 'RR4' and the senior secured revolver
rating at 'BB+'/'RR1'. The Rating Outlook is Stable.
Precision Drilling Corporation's ratings reflect the company's
execution on gross debt reduction initiatives, strong liquidity,
manageable maturity profile and consistently positive FCF
generation, which supports further gross debt reduction goals.
Offsetting factors include near-term uncertainty around increases
in exploration and production (E&P) development spending and rig
counts due to commodity price volatility.
Key Rating Drivers
Commitment to Debt Reduction: Management's continued commitment to
gross debt reduction improves through-the-cycle leverage. This
better positions Precision to withstand future downturns. Gross
debt reduction totaled CAD176 million in FY2024 which resulted in
gross EBITDA leverage of 1.6x. The company remains on track to
reduce debt by an additional CAD100 million in 2025 after which
approximately CAD535 million will be repaid on management's
recently increased CAD700 million debt reduction target between
2022-2027. Fitch believes the debt reduction target is achievable
by 2027 and is reinforced by strong forecast FCF and the supportive
medium-term macro environment.
Strong Near-Term FCF: Fitch's forecasts around CAD200 million of
annual FCF in 2025, assuming relatively stable rig counts and
supportive day rates. Management has guided toward a 2025 capital
budget of CAD225 million (about CAD180 million of maintenance and
CAD45 million for upgrade and expansion spending), which is up
slightly from 2024.
Fitch expects FCF to be split between debt reduction and share
repurchases following an increase in management's shareholder
allocation target from 25%-35% of FCF in 2024 to 35% to 45%
throughout 2025. As the company executes on the remainder of its
$700 million debt reduction target, management expects to increase
the shareholder allocation target toward 50%, which Fitch views as
neutral to the credit profile and consistent with higher-rated
peers.
Favorable Canadian Fundamentals: Fitch forecasts relatively flat
EBITDA generation YoY for Precision, supported by a tight Canadian
market and high day rates. The company's Canada segment (about 58%
of 2024 total revenue) averaged 65 active drilling rigs in 4Q24
with revenue per utilization day of CAD35,675, up from 64 and
CAD34,616 in 4Q23. Management projects demand for Super Series rigs
in Canada will remain robust and supports high utilization rates
following the Trans Mountain pipeline completion and with LNG
Canada nearing completion.
U.S. Segment Weakness: Fitch believes the currently volatile
commodity prices and potential rig losses from M&A activity could
continue to weigh on the company's U.S. segment in 2025 (about 31%
of 2024 total revenue). Overall U.S. industry activity was down
nearly 20% in 4Q24 versus 4Q23, and U.S. rig day rates fell to
$30,991 from $34,452 in the same period, respectively. Management
projects similar activity levels in the U.S. for 1H25 with
potential for improvements particularly in active natural
gas-focused rigs in 2H25 if gas prices remain above $3.50/mcf.
Improving Leverage; Manageable Maturities: Fitch's base case
forecasts leverage at 1.4x in 2025, down slightly from 1.6x in
2024, and relatively flat thereafter through a combination of
expected annual gross debt reduction and modest decreases in
pricing and activity in line with Fitch's commodity price
assumptions. The maturity profile also remains manageable, with no
significant maturities until the 7.125% notes mature in January
2026. Fitch expects debt repayment to largely be aimed at the 2026
notes in the near-term and believes management will look to utilize
revolver capacity to repay the remainder of the 2026 notes as the
maturity date nears.
Leading Canadian Share: Precision has a leading market share in
Canada, with about 34% of active rigs in key Canadian basins. The
company's Canadian fleet consists of 98 drilling rigs and 160 well
service rigs. Fitch anticipates 2025 drilling activity will remain
relatively flat with 4Q24 levels with potential for modest upside
in 2H25 if more favorable commodity prices persist. Precision
should continue to maintain market share considering its success
and growth in digital leadership through its Alpha Technology
services, which are less exposed to pricing competition and help
improve overall utilization rates.
Peer Analysis
Precision's closest industry peer is Nabors Industries, Ltd.
(Nabors; B-/Stable), which is also an onshore rig contractor with
exposure to U.S. and international markets. Precision has lower
leverage metrics and a much less significant maturity wall than
Nabors, which drives the difference in ratings. Nabors' gross
margins in the U.S. are higher than Precision's and are helped by
its offshore and Alaskan rig fleet, which operate at significantly
higher margins. Precision has the highest market share in Canada at
about 34%. However, Nabors has a significant international
presence, which typically means longer-term contracts that
partially negate the volatility of the U.S. market.
Precision is slightly smaller but has much less cash flow
volatility than offshore drillers Valaris Limited (Valaris;
B+/Stable) and Noble Corporation plc (Noble; BB-/Stable). The
company's 2025 projected EBITDA leverage of 1.4x is lower than
Valaris' but like Noble following additional debt via M&A.
Precision also has a stronger track record of debt reduction,
maintenance of liquidity and more successful management of the
operational and financial profiles throughout commodity price
cycles versus offshore drilling peers.
Precision is similar in scale to diversified oilfield service (OFS)
peer Enerflex, Ltd. (Enerflex; BB-/Positive) and smaller than
Weatherford International Public Limited Company (Weatherford;
BB-/Stable) but has lower leverage and higher margins than both
companies. Both Precision and Weatherford have a strong track
record of positive FCF generation and debt reduction which has led
to leverage around 1.5x. Enerflex is more geographically diverse,
and cash flows are less susceptible to commodity price cycles
through more stable, recurring revenue streams and long-term
take-or-pay contracts with five- to 10-year terms.
Key Assumptions
- West Texas Intermediate oil prices of $60/bbl in 2025-2027 and
$57/bbl thereafter;
- Henry Hub natural gas price of $3.25/mcf in 2025, $3.00/mcf in
2026 and $2.75/mcf thereafter;
- Flat revenue and EBITDA generation YoY due to supportive industry
activity in Canada, partially offset by weaker U.S. activity;
- Capex of CAD225 million in 2025;
- FCF to remain positive with proceeds used to reduce debt;
- Modest shareholder returns increases.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Continued execution on gross debt reduction targets and proactive
management of the maturity profile;
- Increased size, scale and/or diversification;
- Mid-cycle EBITDA leverage below 2.0x on a sustained basis;
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deviation from conservative financial policy and/or structural
deterioration in rig fundamentals that reduces financial
flexibility;
- Inability to maintain a competitive asset base in a
credit-conscious manner;
- Mid-cycle EBITDA leverage above 3.0x on a sustained basis;
Liquidity and Debt Structure
Precision had CAD54 million of cash on hand as of Dec. 31, 2024,
and CAD17 million outstanding (USD56 million of outstanding letters
of credit) on its USD375 million revolver. Fitch believes
management will allocate FCF to reduce the outstanding balance
during 2025 and utilize its unused revolver capacity to repay the
remainder of the 2026 near its maturity date. The liquidity profile
is further supported by the company's strong projected FCF
generation and largely variable cost structure.
Issuer Profile
Precision is an OFS company that owns and operates a fleet of 214
onshore drilling rigs and 170 well service rigs in Canada, the U.S.
and internationally, mainly in the Middle East.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Precision Drilling
Corporation LT IDR BB- Affirmed BB-
senior secured LT BB+ Affirmed RR1 BB+
senior unsecured LT BB- Affirmed RR4 BB-
PRESPERSE CORPORATION: Defends Bid to Tap Covington in Bankruptcy
-----------------------------------------------------------------
James Nani og Bloomberg Law reports that Presperse Corp. is
contesting an objection from talc claimants over its bid to hire
Covington & Burling LLP to review its insurance policies, amid the
company’s bankruptcy proceedings.
In a Thursday, April 24, 2025, filing with the U.S. Bankruptcy
Court for the District of New Jersey, Presperse said it needs
Covington’s insurance expertise to support ongoing mediation
efforts.
A committee of talc claimants and a future claims representative
opposed the request on April 23, arguing that Covington's work
would duplicate the efforts of another firm already reviewing the
policies and could reduce funds available for a talc personal
injury trust, the report states.
About Presperse Corporation
Presperse Corporation provides premium specialty ingredients to
formulators of skincare, sun care, hair care, color cosmetics, and
diverse areas of beauty and wellness.
Presperse Corporation sought relief under Chapter 11 of the
Bankruptcy Code (Bankr. D.N.J. Case No. 24-18921) on Sept. 9, 2024.
In the petition filed by CFO Mehul Shah, Presperse disclosed $10
million to $50 million in assets and $50 million to $100 million in
debt.
The Hon. Michael B Kaplan presides over the case.
Duane Morris LLP is the Debtors' general bankruptcy counsel.
Getzler Henrich is the Debtors' financial advisor. Kroll
Restructuring Administration LLC is the Debtors' claims and
noticing agent.
The Talc Claimants' Committee retained Robinson & Cole as legal
counsel and GlassRatner (doing business as B. Riley) as financial
advisor, and Legal Analysis Systems to provide advice.
Value Extraction Services is the prepetition future claimants'
representative, and hired Young Conaway as counsel, Ankura
Consulting Group as consultant, and jointly retained, together with
the Talc Claimants' Committee, B. Riley as financial advisor.
Presperse's parent, Sumitomo Corporation of Americas, is providing
post-petition financing and is represented by lawyers at Lowenstein
Sandler.
PRIMELAND REAL ESTATE: Agentis Updates List of Deposit Holders
--------------------------------------------------------------
The law firm of Agentis, PLLC, filed a third amended verified
statement pursuant to Rule 2019 of the Federal Rules of Bankruptcy
Procedure to disclose that in the Chapter 11 case of Primeland Real
Estate Development, LLC, the firm represents the Ad Hoc Committee
of Deposit Holders.
The AHC was organized and formed by Brickell Realty Group, LLC
("BRG") when BRG was approached by a number of parties who had paid
deposits to the Debtor.
Thereafter Agentis assisted BRG in the drafting of bylaws governing
how the AHC would interact with its respective members, its
counsel, the Debtor and other interested parties. Each holder of a
disclosable economic interest in the Debtor (each, a "Claimant" and
ach disclosable economic interest, a "Claim") reflected below has,
consented to the representation of Agentis as counsel for the AHC.
The aggregate Claims represented by the AHC equal $5,948,765.61 as
of the date of this Disclosure.
1. Cristina Franceschi Carlsen
Luis Carrera 1177
Apartamento 205
Vitacura Santiago de Chile Chile
7650726
* Contract for Unit# B504; $76,240.50 Deposit
2. Claudia Medina
Pennsylvania 249 Dep 201 Col. Naples
03810 Benito Juarez, Ciudad Mexico
Mexico
And
Ricardo Valencia
Colina de Mocusari, 76 Fracc
Boulevares 53140
Naucalpan de Juarez Mexico
* Contract for Unit# F205; $220,990.00 Deposit
3. Alejandro Rojas Pinilla
And
Carlos Mauricio Castro Quintero
Calle 138 #54-60 casa 70 Bogota,
Colombia
* Contract for Unit# B205; $101,490.00 Deposit
4. Eduardo Rodriguez Ampudia
Lago Alberto 300, building 1, Apt 2301
Miguel Hidalgo Mexico City 11320
Mexico
* Contract for Unit# A604; $61,487.91 Deposit
5. Lyda Castillo
Carrera 71 #24-50
Apto 207 Bogota
Colombia
And
Cesar Arnulfo Pico
Carrera 71 #24-50
Apto 207 Bogota
Colombia
* Contract for Unit# B404; $69,354.00 Deposit
6. Eduardo Camacho
Cerrada Empresa #13
Cor Extremadura
Insurgentes
Avenida Benito Juarez
Mexico Ciudad Mexico
And
Olivia Estela Paz Murillo
Alicia Camacho
* Contract for Unit# F203 and F207; $96,351.00 Deposit
8. Linda Nasser
And
Jose Alberto Sanchez de lla Loyala
* Contract for Unit# B305; $73,766.80 Deposit
9. Eduardo Gonzalo Damacen Angulo
Ac Canto Bello 187
Lima 36, Peru
* Contract for Unit# E702; $139,064.10 Deposit
10. Raed Karame and Elisa Bernal
115 Columbus Circle, Westmoorings
Carenage, Port-Of-Spain
Trinidad & Tobago 110611
* Contract for Unit# F703; $463,547.00 Deposit
11. Minerva Mendoza Carmona
Reforma norte 122 Colonia centro CP
75700 Tehuacan
Puebla, Mexico
And
Jose Miguel Barbosa Mendoza
And
Luis Gerado Barbosa Mendoza
* Contract for Unit# E501; $136,560.30 Deposit
12. Hector Enrique Monroy Valdez
Av De Los Poetas #100 Edf. Basalato
1B-1203 Cumbres De Santa Fe
Cuajimalpa, Ciudad De Mexico,
Mexico 05600
* Contract for Unit# D404; $78,470.48 Deposit
13. Diana Sainz Pepe
880 White Moonstone Loop
San Jose, CA 95123
* Contract for Unit# A605; $74,225.50 Deposit
14. Daniela Alejandra Herrera Zepeda
Peri Sur Manuel Gomez # 5879 Col.
Lopez Cotilla
San Pedro Tlaquepaque Jalisco Cp
45615 Mexico
* Contract for Units B703 and C409; $264,153.00 Deposit
15. Raul Alejandro Garcia Cantu
Tamesis 312 colonia Del Valle San
Pedro Garza Garcfa
Nuevo Leon Mexico CP 66220
* Contract for Unit# E707; $157,123.81 Deposit
16. Juan Carlos Espinoza Romero
10419 Winwick Ln
Orlando, Fl 32832
And
Yismik Alexander Daboin Godoy
* Contract for Unit# B505; $58,581.00 Deposit
17. Julio Cesar Yapur Kalis
Lago Zurich 272 depto 807, Cp. 11529
col. Ampliacion Granada
Alcaldia Miguel Hidalgo, Ciudad de Mexico
* Contract for Unit# B101; $126,000.00 Deposit
18. Angel Santana Ruiz
And
Angel Santana Torres
Campos Primaverales 303 Col Brisas
Del Campo Secc 1
Leon Guanajuato Mexico Cp 37297
* Contract for Unit# B603; $137,793.90 Deposit
19. Gonzalo Mata Camacho
Islas Marquesas 14 Col. Residencial
Chiloca 52930
Edo Mexico, Mexico
* Contract for Unit# F503; $108,475.20 Deposit
20. Luis Enrique Macias Sanchez
Blvd Bosque Real 2100, 401-C, Club
de Golf Bosque Real 52774,
Huixquilucan, Estado de Mexico,
Mexico City, Mexico
* Contract for Unit# A208; $71,815.20 Deposit
22. Oscar Arizpe Rodriguez
* Contract for Unit F509; $117,475.32 Deposit
23. Abad Avila Ochoa
Priv Jardin De Alcatraz 1620 Rdcial
Alcazar Del Country
Ahome, Sinaloa, Mexico 81271
* Contract for Unit B301; $134,106.00 Deposit
24. Jose Raul Carreto Diaz
Bosque De Alerces 286
Bosques De Las Lomas - Miguel
Hidalgo, CP 11700
Mexico City, Mexico
* Contract for Unit F-607; $115,560.00 Deposit
25. Rodrigo Arena Herrero
Mision De Sn Diego 4 Cp.00000 Via
Atlixcoyotil Concepcion La Cruz 07# C.P 72197
San Andres De Cholula, Puebla, Mexico
* Contract for Unit F-306; $195,564.00
26. Alicia Camcho
17732 Oak Bridge Street
Tampa, FL 33647
* Contract for Unit# F203; $96,351.00 Deposit
28. Alvaro Mucino Garcia+
AV. 16 de Septiembre 190, Col. Contadero,
Alcaldia Cuajimalpa
Ciudad de Mexico, C.P. 05500
* Contract for Unit F-408; $121,629.30 Deposit
29. Daniel Manning Shelley Medina+
Vasco De Quiroga 1900 Int 201, Col Santa Fe
Alvaro Obregon Mexico City 01210 Mexico
* Contract for Unit F-501; $128,061.00 Deposit
30. Alvaro Rode Morales+
25 de abril 629 Nueva Helvecia URUGUAY
* Contract for Units A-708, F-708 and -F503; $336,960.00
Deposit
34. Maria Guadalupe Herrera Hernandez+
Dr. Carlos Aceves #23, Valle RubÃi Animas, Xalapa
Veracruz, MEXICO 91193
* Contract for Unit F-606; $169,976.70 Deposit
35. Miguel Francisco Herrera Hernandez+
Retorno 4 del T epozteco 12, Colinas del Bosque
Tlalpan, CDMX MEXICO 14608
* Contract for Unit F-506; $163,095.40 Deposit
37. Mayvely Aracely Salguero Soliz and Mario Ernesto Martinez
Castillo+
Kilometro 14.5 al pacifico, Hacienda de las
Flores, Andana 1, casa 91, zona 2
Villa Nueva GUATEMALA 01064
* Contract for Units A-704 and D-501; $302,829.37 Deposit
39. Rainer Strauss Escobedo+
Paseo de tamarindos #130 apt. 304
Col. Bosques de las Lomas Del. Cuajimalpa CP. 05120 Mexico
* Contract for Unit E603 $135,158.51 Deposit
40. Pedro Cerecer Molina and Blanca Lorena Boone Espana+
Calle Paseo de Tamarindos #130 depto 604
col.Busques de las lomas CP 05120
Del Cuajimalpa SDMX, Mexico
* Contract for Units D-504 and D-205; $172,973.10 Deposit
42. Victor Velazquez Patron+
Av. Arteaga y Salazar 187, Col. Contadero
05500, Cuajimalpa de Morelos, Mexico
Contract for Unit D-605; $139,274.00 Deposit
44. Imanol Reyes Guzman and Oscar Reyes Guzman+
Lope De Vega 132 P5 Int 0, Polanco, Miguel
Hidalgo, 11560
Mexico City, Mexico
* Contract for Unit A-707; $184,426.50 Deposit
45. Monica Angel Botero and Luis Fernando Ocampo Maya+
Km 3 Via El Camino Cristales Casa Los Tulipanes
Armenia Quindio 630008 Colombia
* Contract for Unit F-508; $129,707.70 Deposit
46. Ana Lily Cardona Maldonado and Ana Cristina Cardona Maldonado
de Salguero+
15av 1-72 sector B1 zona 8 Mixco, Ciudad San Cristobal
Codigo de acceso 9998# Guatemala, Guatemala
* Contract for Unit A-404; $149,658.00 Deposit
47. Chegwinmar LLC+
Alberto Chegwin
3701 N COUNTRY CLUB DRAPT 607
Aventura, FL 33180
* Contract for Unit B-407; $181,212.30 Deposit
48. Martha Patricia Lobo Castro+
And
Gerardo Vallecillo Marquez
751 Heron Rd
Weston, FL 33326
* Contract for Unit A-404; $149,658.00 Deposit
51. Ignacio Fiterre
* Broker for various Ad-Hoc Committee of Deposit Holders Member
53. Jorge Luis Maldonado Razuri+
Calle Barlovento 233 Sol de La Molina, La
Molina - Lima, Peru
* Contract for Unit A-401; $161,600.00 Deposit
54. Florida Capitals Palm, LLC+
782 NW 42nd Avenue #433
Miami, FL 33126
* Contract for Unit D-401; $147,999.60 Deposit
Counsel for the Represented Parties:
AGENTIS PLLC
Robert P. Charbonneau, Esq.
45 Almeria Avenue
Coral Gables, Florida 33134
T. 305.722.2002
About Primeland Real Estate Development
Primeland Real Estate Development LLC is the fee simple owner of an
incomplete condominium project known as Sycamore Orlando Resort
located at 2691 Livingston Rd, Kissimmee, FL 34747 having an
appraised value of $40 million.
Primeland Real Estate Development LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 24-04612)
on August 29, 2024. In the petition filed by Karen M. Costa, as
president, the Debtor reports total assets of $40,828,477 and total
liabilities of $41,815,331.
The Honorable Bankruptcy Judge Lori V. Vaughan oversees the case.
The Debtor is represented by:
Frank M. Wolff, Esq.
NARDELLA & NARDELLA, PLLC
135 W. Central Blvd
Suite 300
Orlando, FL 32801
Tel: 407-966-2680
Fax: 407-966-2681
E-mail: fwolff@nardellalaw.com
PRO-FIT BASKETBALL: Taps Law Office of David Cahn as Counsel
------------------------------------------------------------
Pro-Fit Basketball Training, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Maryland to hire the Law
Office of David Cahn, LLC as counsel.
The firm's services include:
a. advising the Debtor legal advice with respect to his powers
and duties as Debtor-in-Possession;
b. advising the Debtor concerning, and assisting in the
negotiation and documentation of, financing agreements, debt
restructurings, cash collateral arrangements and related
transactions, as applicable;
c. representing the Debtor in defense of any proceedings
instituted to reclaim property or to obtain relief from the
automatic stay under section 362(a) of the bankruptcy Code;
d. representing the Debtor in any proceedings instituted with
respect to use of cash collateral;
e. attending any and all meetings pursuant to 11 U.S.C. Sec.
341 and any and all court hearings scheduled;
f. reviewing the nature and validity of liens asserted against
the property of the Debtor and advising the Debtor concerning the
enforceability of such liens, as applicable;
g. advising the Debtor concerning the actions that it might
take to collect and to recover property for the benefit of the
Debtor’s estate;
h. preparing on behalf of the Debtor all necessary and
appropriate applications, motions, pleadings, draft orders,
notices, schedules and other documents, and reviewing all financial
and other reports to be filed in this Chapter 11 case;
i. advising the Debtor concerning, and preparing responses to,
applications, motion, pleadings, notices and other papers that nay
be filed and service in this Chapter 11 case;
j. counseling the Debtor in connection with the formulation,
negotiation and promulgation of a plan of reorganization or
liquidation and related documents;
k. performing all other legal services it is qualified to
handle for and on behalf of the Debtor that may be necessary or
appropriate in the administration of this Chapter 11 case,
including advising and assisting the Debtor with respect to debt
restructurings, claims analysis and disputes, legal advice with
respect to general corporate, bankruptcy, and finance, and matters
and litigation other than for discrete matters for which special
counsel may be retained; and
l. performing all other legal services for the Debtor which
may be necessary herein and to accomplish the goals of this
reorganization.
David Cahn will be paid at these hourly rates:
Attorney $350
Paralegal $100
The firm received an initial retainer fee of $7,000 from Debtor.
David E. Cahn, Esq., at the Law Office of David Cahn, LLC,
disclosed in court filing that the firm is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
David E. Cahn, Esq.
Law Office of David Cahn, LLC
13842A Outlet Dr., #175
Silver Spring, MD 20904
Telephone: (301) 799-8072
About Pro-Fit Basketball Training LLC
Pro-Fit Basketball Training LLC offers high-level basketball
training programs for athletes of all skill levels. The Company
provides private, small group, and specialized training, focusing
on skills development, footwork, and basketball IQ. Programs are
designed for everyone, from beginners to professional players,
including camps, private lessons, and group training like their
"Rising Stars" and "Next Level" classes. Trainers at Pro-Fit are
former professional and NCAA D1 players with experience at the NBA
and international levels, offering tailored programs that aim to
maximize athletic performance. Additionally, the Company has a
state-of-the-art weight room to develop strength and agility.
Pro-Fit Basketball Training sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Md. Case No. 25-12912) on April 2,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
The Debtor is represented by David Cahn, Esq., at the Law Office of
David Cahn, LLC.
PUFFCUFF LLC: Seeks to Hire Mills Business Law as Legal Counsel
---------------------------------------------------------------
Puffcuff LLC seeks approval from the U.S. Bankruptcy Court for the
Northern District of Georgia to hire Mills Business Law as
counsel.
The firm will render these services:
(a) prepare motions and other documents;
(b) conduct of examinations;
(c) advise the Debtor of its rights, duties and obligations as
a debtor-in-possession;
(d) consult with Debtor regarding a chapter 11plan and
preparing the plan and attendant documents;
(e) perform legal services incidental and necessary to the
day-to-day operations of Debtor's business, including general
business legal advice and assistance;
(f) take any and all other action incident to the proper
preservation and administration of Debtor's estate and business.
The firm will be paid at these rates:
Attorneys $500 per hour
Paralegals $250 per hour
John W. Mills, Esq., principal of Mills Business Law, LLC,
disclosed in the court filing that his firm does not hold or
represent any interest adverse to the Debtor or its estate.
The firm can be reached through:
John W. Mills, Esq.
Mills Business Law, LLC
1336 Harvard Road, NE
Atlanta, GA 30306
- and -
1150 S. Olive Street, 10th Floor
Los Angeles, CA 90015
Email: jmills@millsbizlaw.com
Telephone: (404) 219-5038
About Puffcuff LLC
Puffcuff LLC is a consumer products company specializing in hair
accessories. The company maintains operations at two locations in
Marietta, including its principal place of business on Allgood Road
and an industrial parkway facility.
Puffcuff LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-51881) on
February 22, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
The Debtor is represented by John Wesley Mills, III, Esq. at Mills
Business Law, LLC.
QXO INC: Moody's Assigns First Time 'Ba3' Corporate Family Rating
-----------------------------------------------------------------
Moody's Ratings assigned a first-time Ba3 corporate family rating,
a Ba3-PD probability of default rating and SGL-1 speculative grade
liquidity (SGL) rating to QXO, Inc. The outlook is stable. Moody's
also assigned a Ba3 rating to the proposed $2 billion senior
secured notes, proposed $2 billion senior secured term loan B and
to the proposed $500 million senior secured term loan A of Beacon
Roofing Supply, Inc. The debt will be initially issued by Queen
MergerCo, Inc., a wholly-owned subsidiary of QXO, which will merge
into Beacon Roofing Supply, Inc. upon closing of the acquisition of
Beacon Roofing Supply, Inc.
The existing ratings at Beacon Roofing Supply, Inc., including the
Ba2 CFR, Ba2-PD PDR, SGL-1 speculative grade liquidity rating, Ba2
senior secured notes rating, Ba2 senior secured term loan B rating
and B1 senior unsecured notes rating, as well as the stable outlook
remain unchanged.
Proceeds from the term loan and notes offering will be used, in
conjunction with cash on the balance sheet, proceeds from common
equity offerings and revolver drawings, to fund the previously
announced acquisition of Beacon Roofing Supply, Inc. (Ba2 stable)
for about $11 billion. The company is also entering into a new
$1.75 billion asset-based lending (ABL) revolver, which will be
unrated. Closing of the transaction is expected by end of April
2025, but still requires a majority of Beacon's existing
shareholders to tender their shares.
Moody's expects the existing debt at Beacon Roofing Supply, Inc.,
including the $900 million senior secured notes, $1.275 billion
senior secured term loan B and $350 million senior unsecured notes
will be repaid once the acquisition by QXO closes. At that time
Moody's will withdraw the ratings on the repaid debt.
"QXO's strong liquidity position, coupled with the
non-discretionary nature of roofing products through cycles, should
help offset the significant debt the company will incur, as well as
the execution risk associated with its margin growth plans and cost
reduction initiatives," said Griselda Bisono, Vice President-Senior
Analyst at Moody's Ratings.
RATINGS RATIONALE
QXO's Ba3 CFR reflects Moody's expectations that the company will
maintain a prudent financial policy, with a focus on deleveraging
and maintaining consistent positive free cash flow. Pro forma for
the Beacon acquisition, debt-to-EBITDA will be 5.4x for 2024, with
leverage increasing to 5.9x by 2025 due to increased costs
associated with implementing QXO's integration plan. Moody's
forecasts leverage to decline to 4.7x by year-end 2026 from a
combination of debt paydown, modest margin improvement and no
additional acquisitions during this period. The integration costs
associated with the Beacon acquisition will put pressure on QXO's
margins in the interim. Moody's expects EBIT margins to decrease to
5.5% in 2025 from 7% in 2024, and then gradually return to 7% by
the end of 2027 as revenue and cost initiatives are realized.
Execution risks regarding the new management's improvement
initiatives, however, are high and there is risk that synergies
will not be realized as planned.
Other factors considered in the rating include the current
weakening macroeconomic environment and increased market volatility
resulting from the recent expansion of US trade tariffs. While QXO
is not directly impacted by tariff actions, the company is not
immune to more muted demand for building products amid higher home
renovation costs. Moody's recognizes that QXO's founder, Brad
Jacobs, has a demonstrated track record of driving growth and
profitability in other public company investments. Moody's expects
that management will be committed to deleveraging the company to at
least its target reported net debt/EBITDA of 3.0x before engaging
in any major future debt-financed acquisitions.
The SGL-1 speculative grade liquidity rating reflects Moody's
expectations of strong liquidity over the next 18 months. Moody's
assessments of the company's liquidity incorporates strong free
cash flow generation over that time period, which will provide
flexibility to reduce debt, as well as ample availability on the
company's $1.75 billion ABL revolver. Other positive factors
include ample cushion under the financial maintenance covenants of
the credit facility, no near-term debt maturities and limited
alternative sources of liquidity given the company's largely
encumbered asset base.
The Ba3 rating on the senior secured term loan B due 2032, senior
secured term loan A due 2031 and senior secured notes due 2032, the
same rating as the CFR, results from their subordination to the
company's revolving credit facility. The term loan and secured
notes are pari passu, and each has a first lien on substantially
all noncurrent assets and a second lien on assets securing the
company's asset based revolving credit facility (ABL priority
collateral).
The stable outlook reflects Moody's expectations that the roofing
sector will remain resilient, despite lower expected volumes in the
residential end market in the next 12-18 months. The stable outlook
also assumes that management will focus on deleveraging towards its
target of net debt/EBITDA of 3.0x and maintenance of strong
liquidity.
Marketing terms for the new credit facility (final terms may
differ) include the following:
Incremental pari passu debt capacity up to the greater of 100% of
closing date EBITDA and 100% of LTM EBITDA, plus unlimited amounts
subject to 0.5x above the net first lien leverage as of the closing
date. There is an inside maturity sublimit up to the greater of
200% of closing date EBITDA and 200% of LTM EBITDA. There are no
"blocker" provisions which prohibit the transfer of specified
assets to unrestricted subsidiaries. There are no protective
provisions restricting an up-tiering transaction. Carve-out growth
components include a high watermark feature.
ESG CONSIDERATIONS
QXO's assigned credit impact score of CIS-3 takes into
consideration environmental and social risks in line with the wider
distribution sector, as reflected by the assigned issuer profile
scores of E-4 and S-3, respectively. The company's governance
characteristics are consistent with publicly listed peers,
including a high level of transparency, board independence and a
clearly articulated financial policy. These governance
considerations are reflected in the company's issuer profile score
of G-3.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
A ratings upgrade would require improvement in key credit metrics,
including Moody's adjusted debt-to-EBITDA sustained below 3.5x and
EBITDA-to-Interest Expense sustained above 5.0x. A ratings upgrade
would also require preservation of very good liquidity and
maintenance of conservative financial policies.
A ratings downgrade could result if the company fails to delever as
expected and Moody's adjusted debt-to-EBITDA is sustained above
4.5x, EBITDA-to-Interest Expense is sustained below 4.0x, if the
company experiences consistent erosion in operating margins or if
there is a deterioration of liquidity.
QXO, Inc., headquartered in Greenwich, Connecticut, will be one of
the largest wholesale distributors of roofing material and other
building products in the US upon the close of the Beacon Roofing
acquisition.
The principal methodology used in these ratings was Distribution
and Supply Chain Services published in December 2024.
REAVIS REHAB: Hires Donna K. Ferrell CPA as Accountant
------------------------------------------------------
Reavis Rehab & Wellness Center, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Texas to employ Donna
K. Ferrell, CPA as accountant.
The firm will render tax preparation and bookkeeping services to
the Debtor.
The firm will be paid $180 for tax preparation services, and $100
for bookkeeping services.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
As disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Donna K. Ferrell, CPA
2007 N Mays St.
Round Rock, TX 78664
Tel: (512) 218-0182
About Reavis Rehab & Wellness Center, Inc.
Reavis Rehab & Wellness Center Inc. is a family-owned and operated
therapy practice founded in 1984 specializing in the treatment of
pain, injuries, and discomfort. The center offers a range of
therapy programs provided by licensed physical, speech, and
occupational therapists. Each treatment plan is tailored to meet
individual patient goals, taking into account their symptoms,
medical history, and any relevant health restrictions.
Reavis Rehab & Wellness Center Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No.: 25-10126)
on January 30, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Stephen W. Sather, Esq. at BARRON &
NEWBURGER, P.C.
REDDIRT ROAD: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of Reddirt Road Partners, LLC, according to court dockets.
About Reddirt Road Partners
Reddirt Road Partners, LLC filed a petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. N.D. Fla. Case No.
25-50049) on March 12, 2025, listing between $500,001 and $1
million in both assets and liabilities.
Judge Karen K. Specie oversees the case.
Byron Wright, III, Esq., at Bruner Wright, P.A. represents the
Debtor as legal counsel.
REGIONS PROPERTY: Seeks Cash Collateral Access
----------------------------------------------
Regions Property Management & Construction, Inc. asked the U.S.
Bankruptcy Court for the Southern District of Florida, West Palm
Beach Division, to use cash collateral.
The U.S. Small Business Administration holds a first-priority lien
on all of the Debtor's assets, including accounts, receivables,
equipment, and inventory, and is owed approximately $329,000. The
total estimated value of the secured assets is about $198,540.
Although several other creditors have filed UCC-1 financing
statements, the SBA's lien has priority.
The Debtor reported an average monthly gross profit of $55,000,
with necessary monthly expenses totaling approximately $50,000. The
proposed budget includes payments to critical vendors (subject to a
separate motion), $2,000 per month for attorney's fees to be held
in trust and continued monthly payments to SBA in the amount of
$1,640.
The Debtor requested permission to use cash collateral to cover
these expenses and maintain business operations, with a commitment
to stay within the proposed budget.
About Regions Property Management & Construction Inc.
Regions Property Management & Construction Inc. sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.
Fla. Case No. 25-14015) on April 12, 2025. In its petition, the
Debtor reported between $100,000 and $500,000 in assets and between
$1 million and $10 million in liabilities.
The Debtor is represented by Brian K. McMahon, Esq., at Brian K.
McMahon, PA.
RESTORATION HARDWARE: Moody's Cuts CFR to 'B3', Outlook Stable
--------------------------------------------------------------
Moody's Ratings downgraded Restoration Hardware, Inc.'s ("RH")
corporate family rating to B3 from B1 and its probability of
default rating to B3-PD from B1-PD. The senior secured first lien
term loan B and senior secured first lien term loan B2 ratings were
also downgraded to B3 from B1. The speculative grade liquidity
rating ("SGL") remains at SGL-3. The outlook changed to stable from
negative.
The downgrades reflect Moody's expectations that RH's credit
metrics will remain weak as it navigates a difficult consumer
environment and cost challenges from higher tariffs, while US trade
policy remains uncertain. Although RH sourced 23% of its product
from China and 35% from Vietnam in fiscal 2024, it is working to
reduce its sourcing to zero from China in the second half of 2025.
RH's leverage is already high with debt/EBITDA of 6.5x and coverage
is weak with EBITA/interest of 1.4x for FY 2024. Credit metrics are
expected to deteriorate further over the next 12-18 months as
higher costs to import product will weigh on the company's
profitability. Although revenue trends turned positive starting in
Q2 2024, Moody's expects the current uncertainty to also weigh on
consumer demand.
The company's SGL-3 reflects Moody's expectations that RH will be
able to maintain at least breakeven cash flow as elevated
inventories (up 35% versus last year) reduces its immediate
sourcing needs. Moody's also assumes RH will extend its $600
million revolver, before July 29, 2025 (one year prior to its
maturity). The company has a cash balance of $30 million at the end
of Q4 2024 with $200 million drawn and an estimated $295 million of
net availability under its revolver as of February 2, 2025.
RATINGS RATIONALE
RH's B3 CFR reflects the cyclical nature of the home furnishing
industry which could cause consumers to delay, forego or trade down
on purchases in recessionary periods. It also reflect that the
company's credit metrics are already weak. Over the next 12 to 18
months Debt/EBITDA is expected to trough at approximately 6.5x-7.5x
with EBITA/interest of 1.1x-1.4x as the effect of tariffs begin to
have a significant impact on earnings starting in the second half
of 2025. The period of higher tariffs and US trade uncertainty
comes after a period of significant contraction for home
furnishings given lower housing activity and higher interest rates.
The rating is also constrained by RH's continued investments in
international growth which are significant drag on its
profitability. The rating is also constrained by its aggressive
business and financial strategies. Positive ratings consideration
is given to RH's strong luxury brand, particularly in furniture,
and the success of its existing Design Galleries as evidenced by
its historically solid operating margins.
The company maintains a long term goal to buildout its brand
globally which requires significant capital investment including
its continued plans to convert to a large box gallery styled store
concept, its expansion to international markets, its growth into
hospitality as well as luxury product markets. RH has historically
pursued significant share repurchases with $1 billion completed in
2022 and $1.25 billion in 2023. No share repurchases were completed
in fiscal 2024 as business performance remained challenged.
The stable outlook reflects that Moody's anticipates the company
will be successful in adapting its operations to the changing US
trade policy including changes to its sourcing strategy, capital
plans, pricing model and cost structure. The stable outlook also
reflects that Moody's expects RH will maintain at least adequate
liquidity, including positive free cash flow and the extension of
its revolver before it becomes current.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded should liquidity deteriorate for
any reason, including its ABL not being extended well before
maturity, free cash flow turns negative or estimated recoveries
become impaired. The ratings could also be downgraded if operating
performance results in Moody's adjusted debt/EBITDA sustained above
6.5x or EBITA/interest sustained below 1.0x. Any aggressive
financial strategy, including share repurchase would be viewed
negatively.
The ratings could be upgraded if the company demonstrates
conservative financial strategies while maintaining good liquidity
and consistent and improved operating performance. Quantitatively,
the ratings could be upgraded if Moody's adjusted debt/EBITDA is
sustained below 5.5x and EBITA/interest is sustained above 1.75x.
Headquartered in Corte Madera, California, Restoration Hardware,
Inc. (RH) is a home furnishings company that offers its collection
through its retail galleries, catalog and online. As of February 1,
2025, the company operated 69 total galleries, including 38 Design
Galleries and 27 Legacy Galleries. The company also operates 14
Waterworks Showrooms and 40 Outlets. For the twelve months ending
February 1, 2025, RH had approximately $3.2 billion in revenue.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
RIVER FALL 529: Seeks Chapter 11 Bankruptcy in Massachusetts
------------------------------------------------------------
On April 23, 2025, River Fall 529 LLC 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 River Fall 529 LLC
River Fall 529 LLC is a single-purpose real-estate company that
owns the 529 Eastern Avenue property in Fall River, Massachusetts.
River Fall 529 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-10810) on April 2,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Christopher M. Condon, Esq. at
BOWDITCH & DEWEY LLP
RIVERSIDE MILITARY: Fitch Withdraws D Rating on 2017 Revenue Bonds
------------------------------------------------------------------
Fitch Ratings has affirmed and withdrawn the 'D' revenue bond
rating on approximately $48 million of the Gainesville & Hall
County Development Authority, GA, series 2017 refunding revenue
bonds, issued on behalf of Riverside Military Academy (RMA).
In addition, Fitch has affirmed and withdrawn RMA's Issuer Default
Rating (IDR) at 'RD' (restricted default).
Entity/Debt Rating Prior
----------- ------ -----
Riverside Military
Academy (GA) LT IDR RD Affirmed RD
LT IDR WD Withdrawn
Riverside Military
Academy (GA)/General
Revenues/1 LT LT D Affirmed D
Riverside Military
Academy (GA)/General
Revenues/1 LT LT WD Withdrawn
Riverside Military
Academy (GA) /Issuer
Default Rating/1 LT LT RD Affirmed RD
Riverside Military
Academy (GA) /Issuer
Default Rating/1 LT LT WD Withdrawn
Fitch has withdrawn the ratings because RMA defaulted on its
scheduled principal obligation on March 1, 2025. As a result, Fitch
will no longer provide ratings or analytical coverage for RMA. The
updated rating history is available on Fitch's website.
On Feb. 28, 2025, the trustee posted a notice on the Electronic
Municipal Market Access platform stating that the principal payment
would not be made due to the bondholder's decision to defer drawing
funds from the debt service reserve fund. Although the interest
payment would be covered using funds from the reserve, this
constituted a default under Fitch's rating criteria.
SECURITY
The bonds are an absolute and unconditional obligation of RMA,
secured by a first lien on the academy's campus and a cash-funded
debt service reserve fund, equal to $2,472,793 as of March 1,
2025.
KEY RATING DRIVERS
Revenue Defensibility - 'Weaker'
Operating Risk - 'Weaker'
Financial Profile - 'Weaker'
Asymmetric Additional Risk Considerations
There were no asymmetric considerations incorporated in RMA's
rating.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Rating sensitivities do not apply as the ratings have been
withdrawn.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Rating sensitivities do not apply as the ratings have been
withdrawn.
PROFILE
Founded in 1907, RMA is a military-style college preparatory school
for boys, offering boarding and day school programs for grades
6-12. The academy is located on a 206-acre campus in Gainesville,
GA, about 60 miles northeast of Atlanta. The academy holds dual
accreditation from the Southern Association of Independent Schools
and the Southern Association of Colleges and Schools, which was
renewed in 2017.
The Riverside Military Academy board of trustees appointed Dr.
Robert Brittain "Britt" Daniel, J.D. as president, effective July
1, 2024.
Sources of Information
In addition to the sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
data from Lumesis.
ESG Considerations
Following the withdrawal of the ratings for Riverside Military
Academy, GA, Fitch will no longer be providing the associated ESG
Relevance Scores.
RMBQ INC: Gets Interim OK to Use Cash Collateral Until May 28
-------------------------------------------------------------
RMBQ, Inc. received interim approval from the U.S. Bankruptcy Court
for the Southern District of California to use cash collateral.
The order penned by Judge Barrett Marum authorized the Debtor to
use cash collateral until the final hearing on May 28 to pay the
expenses set forth in its budget.
As protection, secured creditors including BSD Capital, LLC and
California Department of Tax and Fee Administration were granted
replacement liens on all assets acquired by the Debtor after its
Chapter 11 filing, to the same extent and with the same validity
and priority as their pre-bankruptcy liens.
The Debtor operates nine food service locations—including five
brick-and-mortar stores, four mobile units, and a catering
truck—under concession agreements with Marine Corps Community
Services across military bases in San Diego County. The Debtor's
operations rely heavily on credit card transactions, which account
for approximately 97% of its revenue and are processed through
merchant accounts with Signapay.
The Debtor maintains six bank accounts at JPMorgan Chase, each
serving a specific function, including payroll and vendor payments.
Two key accounts—#9089 and #0011—serve as the central
depositories for credit card revenue. One of these accounts (#0011)
has been frozen due to actions by Merchant Cash Advance lenders and
currently holds approximately $94,935, which the Debtor fears may
be lost if the account is closed. RMBQ also operates from account
#9097, which is used for paying employee wages and other daily
business expenses. The Debtor intends to close three other accounts
and eventually open Debtor-in-Possession accounts in compliance
with U.S. Trustee guidelines but argues that continued use of the
current system is critical to maintain operations during the
transition.
About RMBQ Inc.
RMBQ, Inc. operates nine food service locations—including five
brick-and-mortar stores, four mobile units, and a catering
truck—under concession agreements with Marine Corps Community
Services across military bases in San Diego County.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Banke. S.D. Cal. Case No. 25-01511-JBM11) on April
16, 2025. In the petition signed by Raymond Gomez, chief executive
officer, the Debtor disclosed up to $500,000 in assets and up to
$10 million in liabilities.
Judge Barrett Marum oversees the case.
Joanne P. Sanchez, Esq., at Sanchez & Baltazar Attorneys, P.C.,
represents the Debtor as legal counsel.
ROCK MEDICAL: Court OKs DIP Financing, Cash Collateral Access
-------------------------------------------------------------
Brent King, the Chapter 11 trustee for Rock Medical Group, LLC, got
the green light from the U.S. Bankruptcy Court for the District of
Nebraska to use cash collateral and obtain post-petition
financing.
The trustee needs to use the cash collateral (including funds held
by American Healthcare Staffing Association) to cover necessary
business expenses, including payroll and operational costs.
The order authorized the trustee to continue factoring receivables
with United Capital under the terms of their factoring agreement to
maintain cash flow and preserve the Debtor' business operations.
Key terms of the factoring agreement include an advance rate of up
to 90% of eligible accounts receivable, with various fees and
charges (e.g., a factoring fee of 0.14% and late charges of 0.1%
per day). The maximum available line under the agreement is $5
million.
As protection, the United Capital was granted valid and perfected
security
interests in and lien on the Debtor's post-petition assets to the
same extent and with the same priority as its pre-bankruptcy
interests and lien.
In case these security interests and lien are not sufficient,
United Capital will be granted an administrative expense claim.
The order will expire and the trustee's right to use cash
collateral will terminate on May 31, unless extended by further
order of the court or by written consent of United Capital.
About Rock Medical Group LLC
Rock Medical Group, LLC is a solution-focused medical staffing
agency offering medical staffing solutions for hospitals, long-term
care facilities, specialty nursing units, hospice care, memory
care, rehabilitation facilities, surgical centers, and allied
services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Neb. Case No. 24-81090) on November 27,
2024. In the petition signed by Loren Rock, managing member and
owner, the Debtor disclosed up to $1 million in assets and up to
$10 million in liabilities.
Judge Thomas L. Saladino oversees the case.
Patrick R. Turner, Esq., at Turner Legal Group, LLC, represents the
Debtor as bankruptcy counsel.
ROYAL INTERCO: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------------
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Royal
Interco, LLC and its affiliates.
The committee members are:
1. Allen Lund Company LLC
Attn: Nick Mihalopoulos
4529 Angeles Crest Highway
La Canada, CA 91011
Phone: 818-949-4567
nick.mihalopoulos@allenlund.com
2. Armstrong Transportation Group, LLC
Attn: Emily M. Chiarizia
1120 S. Tryon
Charlotte, NC 28203
Phone: 704-272-4149
echiarizia@armstrongtransport.com
3. Print Pro, Inc.
Attn: Ken Nelson
1450 Poplar Street
Wrightstown, WI 54180
Phone: 920-757-7700
kennelson@printpro-inc.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Royal Interco
Royal Interco, LLC is a manufacturer of high-quality paper
products, including bath tissue, paper towels, facial tissue and
napkins, offering a broad range of products and packaging
configurations to serve both regional and national customers.
Royal Interco sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10674) on April 8, 2025. In its
petition, the Debtor reported between $100 million and $500 million
in both assets and liabilities. Michael Ragano, chief restructuring
officer, signed the petitions.
Judge Thomas M Horan presides over the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as general
counsel; Livingstone Partners, LLC as investment banker; and Epiq
Corporate Restructuring, LLC as claims and noticing agent. The
Debtors' provider of turnaround and business transformation
advisory services is Novo Advisors, LLC.
RYAN HOHMAN: Seeks Chapter 11 Bankruptcy in Utah
------------------------------------------------
On April 22, 2025, Ryan Hohman LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the District of Utah. According to
court filing, the Debtor reports $1,059,433 in debt owed to 1
and 49 creditors. The petition states funds will be available to
unsecured creditors.
About Ryan Hohman LLC
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.
Ryan Hohman LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Utah Case No. 25-22161) on April 22,
2025. In its petition, the Debtor reports total assets as of March
31, 2025 of $193,066 and total liabilities as of March 31, 2025 of
$1,059,433.
Honorable Bankruptcy Judge Kevin R. Anderson handles the case.
The Debtor is represented by Andres Diaz, Esq. at DIAZ & LARSEN.
S & O INVESTMENTS: Taps Sandberg Phoenix & von Gontard as Counsel
-----------------------------------------------------------------
S & O Investments, Inc. seeks approval from the U.S. Bankruptcy
Court for the District of Kansas to hire Sandberg Phoenix & von
Gontard P.C. as attorneys.
The firm's services include:
a. advising the Debtor of its rights, powers, and duties as
debtor-in-possession under the Bankruptcy Code;
b. performing all legal services for and on behalf of the
Debtor that may be necessary or appropriate in the administration
of this bankruptcy case and the Debtor's business;
c. advising the Debtor concerning, and assisting in, the
negotiation and documentation of financing agreements and debt
restructurings;
d. counseling the Debtor in connection with the formulation,
negotiation, and consummation of a possible sale of the Debtor or
its assets;
e. reviewing the nature and validity of agreements relating to
the Debtor's interests in real and personal property and advising
the Debtor of its corresponding rights and obligations;
f. advising the Debtor concerning preference, avoidance,
recovery, or other actions that they may take to collect and to
recover property for the benefit of the estate and its creditors,
whether or not arising under Chapter 5 of the Bankruptcy Code;
g. preparing on behalf of the Debtor all necessary and
appropriate applications, motions, pleadings, draft orders,
notices, schedules, and other documents and reviewing all financial
and other reports to be filed in this bankruptcy case;
h. advising the Debtor concerning, and preparing responses to,
applications, motions, complaints, pleadings, notices, and other
papers that may be filed and served in this bankruptcy case;
i. counseling the Debtor in connection with the formulation,
negotiation, and promulgation of a plan of reorganization and
related documents or other liquidation of the estate;
j. working with and coordinating efforts among other
professionals to attempt to preclude any duplication of effort
among those professionals and to guide their efforts in the overall
framework of Debtor's reorganization or liquidation; and
k. working with professionals retained by other
parties-in-interest in this bankruptcy case to attempt to structure
a consensual plan of reorganization, liquidation, or other
resolution for Debtor.
Sandberg Phoenix will be paid at these hourly rates:
Sharon L. Stolte, Shareholder $445
Pamela R. Putnam, Counsel $380
Debra J. Barnett, Paralegal $180
The firm received a retainer in the amount of $20,000.
Sandberg Phoenix will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Sharon Stolte, counsel at Sandberg Phoenix and von Gontard P.C.,
assured the Court that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
Sandberg Phoenix can be reached at:
Sharon L. Stolte, Esq.
Sandberg Phoenix and von Gontard P.C.
4600 Madison Avenue, Suite 1000
Kansas City, MO 64112
Tel: (816) 627-5543
E-mail: sstolte@sandbergphoenix.com
About S & O Investments Inc.
S & O Investments Inc., doing business as Notting Hill Rentals, is
engaged in activities related to real estate.
S & O Investments Inc. and affiliates sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Kan. Lead Case No.
24-11166) on November 14, 2024. In the petition filed by Amro M.
Samy, as president, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Mitchell L. Herren oversees the case.
The Debtor is represented by Nicholas R. Grillot, Esq. at HINKLE
LAW FIRM LLC.
SC HEALTHCARE: Creditors to Get Proceeds From Liquidation
---------------------------------------------------------
SC Healthcare Holding, LLC, and affiliates filed with the U.S.
Bankruptcy Court for the District of Delaware a Combined Disclosure
Statement and Chapter 11 Plan of Liquidation dated March 25, 2025.
The Debtors provided independent living, assisted living,
supportive living, skilled nursing, memory care, Alzheimer's care,
and rehabilitation care in some of the most rural areas of
Illinois, Missouri, and Iowa.
The Debtors also provided care to persons with intellectual and
developmental disabilities. The Debtors are comprised of
approximately 141 privately held Entities which were used to manage
operations and real estate business segments.
As of the Petition Date, the Debtors estimate that there was
approximately $130,525,880.35 of unsecured Claims outstanding
against the Estates, including trade payables, tax obligations,
potential litigation judgments, and amounts owed to former and
current employees, but excluding deficiency claims of lenders.
The Debtors maintained their operations, to the extent possible, on
a "business as usual" basis during the pendency of the Chapter 11
Cases. Ultimately, through the Chapter 11 Cases, the Debtors used
the benefits of the bankruptcy process to pursue an orderly sale of
their assets in a manner designed to maximize value of the Debtors'
Estates and confirm a plan providing for the orderly resolution of
the Debtors' Estates.
On July 15, 2024, the Debtors filed the Debtors' Motion for an
Order (I) Authorizing and Approving Procedures for the Sale,
Transfer, or Abandonment of Certain De Minimis Assets, and (II)
Granting Related Relief (the "De Minimis Assets Sale Motion").
Pursuant to the De Minimis Assets Sale Order, the Debtors have been
marketing and/or selling the various de minimis assets to further
liquidate available assets for the benefit of the Estates and its
Creditors.
The Parties engaged in discussions and/or settlement communications
for many weeks. The issues presented by the Adversary Proceeding
and the Motion to Convert represented significant hurdles to the
Debtors' continued progress towards a value maximizing exit from
chapter 11, especially when those issues were with the Debtors'
largest secured lender—Column. A global resolution of several key
issues remaining in the Chapter 11 Cases, which was accomplished by
the Settlement, paved the way for the Debtors to move forward
towards the filing of a chapter 11 plan which ultimately benefitted
the entire creditor body. After review and analysis of the
positions and/or defenses set forth by Column and the Committee,
and after good-faith, arm's-length negotiations therewith, the
Debtors, Column, and the Committee agreed to a Settlement that
represented a global resolution to several key issues.
Class 4 consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim has agreed to a
less favorable treatment of such Claim, and only to the extent that
any such Allowed General Unsecured Claim has not been paid by any
applicable Debtor prior to the Effective Date, each Holder of an
Allowed General Unsecured Claim shall receive such Holder's Pro
Rata share of Distributions from the Liquidating Trust.
The Debtors estimate that the aggregate amount of Allowed General
Unsecured Claims, taking into account the Debtors' Schedules, and
Claims asserted against the Estates, will be approximately
$189,231,310. Class 4 is Impaired and entitled to vote to accept or
reject the Combined Plan and Disclosure Statement.
Holders of Interests in Class 6 are Impaired under the Combined
Plan and Disclosure Statement. Holders of Equity Interests will
retain no ownership interests or Distribution under the Combined
Plan and Disclosure Statement and, on the Effective Date, shall be
deemed cancelled, null, and void. Therefore, Holders of Equity
Interests are deemed to reject the Combined Plan and Disclosure
Statement.
The Combined Plan and Disclosure Statement provides for the
liquidation and Distribution of the proceeds of the Debtors'
remaining assets. Accordingly, the Debtors believe all Chapter 11
plan obligations will be satisfied without the need for further
reorganization of the Debtors.
On the Effective Date, David R. Campbell shall be appointed as Plan
Administrator and thereafter shall serve in accordance with this
Combined Plan and Disclosure Statement. The Plan Administrator
shall not be required to give any bond or surety or other security
for the performance of its duties unless otherwise ordered by the
Bankruptcy Court. As soon as practicable after the Voting Deadline,
as part of the Plan Supplement, the Debtors shall file with the
Bankruptcy Court a notice identifying the Plan Administrator and,
if the Plan Administrator is deemed an "insider", as defined
pursuant to section 101(31) of the Bankruptcy Code, the material
terms of the Plan Administrator's compensation.
On the Effective Date, the Liquidating Trust Assets shall vest
automatically in the Liquidating Trust. The Plan shall be
considered a motion pursuant to sections 105, 363, and 365 of the
Bankruptcy Code for such relief. Upon the transfer of the
Liquidating Trust Assets, the Liquidating Trust shall succeed to
all of the Debtors' rights, title, and interest in the Liquidating
Trust Assets; provided that the Debtors' accounts receivable shall
not be transferred to the Liquidating Trust free and clear of all
Claims and Liens; rather, such Claims and Liens shall continue to
encumber the Debtors' accounts receivable, which accounts
receivable shall be collected, administered, and distributed by the
Plan Administrator in accordance with this Plan, the Plan
Administrator Agreement, and the Column Settlement Order.
A full-text copy of the Combined Disclosure Statement and Plan
dated March 25, 2025 is available at https://urlcurt.com/u?l=4lqPUd
from PacerMonitor.com at no charge.
Counsel for the Debtors:
Andrew L. Magaziner, Esq.
Shella Borovinskaya, Esq.
Carol E. Cox, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Rodney Square
1000 North King Street
Wilmington, Delaware 19801
Tel: (302) 571-6600
Fax: (302) 571-1253
E-mail: amagaziner@ycst.com
sborovinskaya@ycst.com
ccox@ycst.com
- and -
Daniel J. McGuire, Esq.
Gregory M. Gartland, Esq.
WINSTON & STRAWN LLP
35 W. Wacker Drive
Chicago, IL 60601
Tel: (713) 651-2600
Fax: (312) 558-5700
Tel: (312) 558-5600
E-mail: dmcguire@winston.com
E-mail: ggartland@winston.com
- and -
Carrie V. Hardman, Esq.
200 Park Avenue
New York, New York 10166
Tel: (212) 294-6700
Fax: (212) 294-4700
E-mail: chardman@winston.com
About Petersen Health Care Inc.
SC Healthcare Holding, LLC, et al., comprise one of the largest
nursing home operators in the United States and work in partnership
with physicians, skilled nurses, and other health care providers in
order to provide various healthcare and rehabilitation services for
elderly citizens in Illinois, Missouri, and Iowa.
SC Healthcare Holding, LLC, and its affiliates, including Petersen
Health Care, Inc., sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Lead Case No. 24-10443) on March
20, 2024. In the petition signed by David R. Campbell as authorized
signatory, SC Healthcare disclosed up to $100 million to $500
million in assets and $100 million to $500 million in liabilities.
Judge Hon. Thomas M. Horan oversees the case.
Young Conaway Stargatt & Taylor, LLP, and Winston & Strawn LLP,
serve as the Debtors' legal counsel.
SEBASTIAN HABIB: Hires Seven Hills Auctions as Auctioneer
---------------------------------------------------------
Sebastian Habib, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to employ Seven Hills
Auctions, LLC as auctioneer.
The firm will appraise these services:
a. 1758 Dunlap Avenue, East Point, Georgia 30344.
b. 2701 Flintlock Place, Austell, Georgia 30106.
c. 5038 Austell Powder Springs Road, Austell, Georgia 30106.
d. 5034 Austell Powder Springs Road, Austell, Georgia 30106.
e. 2764 Whitewater Court, Austell, Georgia 30106.
f. 2324 Nelms Drive SW, Atlanta, Georgia 30315.
g. 2231 Nelms Drive SW, Atlanta, Georgia 30315.
h. 1744 Nathan Lane, Austell, Georgia 30106.
i. 6286 Lobelia Drive, Mableton, Georgia 30126.
j. 567 Center Hill Avenue NW, Atlanta, Georgia 30318.
k. 950 Lake Drive, Snellville, Georgia 30039.
l. 2206 Clay Road, Austell, Georgia 30106.
m. 865 Old Rocky Road SW, College Park, Georgia 30349.
n. 1905 Connally Drive, East Point, Georgia 30344.
o. 7085 Winkfield Place, College Park, Georgia 30349.
p. 2610 Northfield Court, College Park, Georgia 30349.
q. 2274 Nelms Drive SW, Atlanta, Georgia 30315.
r. 6405 Kensington Court, Austell, Georgia 30106.
s. 6240 Humphries Hill Road, Austell, Georgia 30106.
t. 2330 Nelms Drive SW, Atlanta, Georgia 30315.
u. 3655 Sulene Drive, College Park, Georgia 30349.
v. 4140 Huntcliff Drive, Woodstock, Georgia 30189.
w. 2318 Nelms Drive SW, Atlanta, Georgia 30315.
The Debtor shall pay compensation to auctioneer consisting of a 10
percent commission of the "high bid" sale price per property
consisting of the buyer's premium.
Seven Hills Auctions is a "disinterested person" as defined by
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached through:
William C. Lee, III
Seven Hills Auctions, LLC
3110 Capital Circle NE, Suite 200
Tallahassee, FL 32308
Tel: (800) 742-9165
info@7Hauctions.com
About Sebastian Habib, LLC
Sebastian Habib LLC is a domestic limited liability company
headquartered in Woodstock, Georgia.
Sebastian Habib LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-50148) on January 6,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Lisa Ritchey Craig handles the case.
Adam E. Ekbom, Esq. of Jones & Walden LLC represents the Debtor as
counsel.
SENDLER FAMILY: Seeks to Hire Elevate Law Group as Legal Counsel
----------------------------------------------------------------
Sendler Family Truss Ltd seeks approval from the U.S. Bankruptcy
Court for the District of Oregon to hire Elevate Law Group as its
general bankruptcy counsel.
The firm's services include:
(i) consulting with it concerning the administration of the
case;
(ii) advising it with regard to its rights, powers and duties
as a debtor in possession;
(iii) investigating and, if appropriate, prosecuting on behalf
of the estate claims and causes of action belonging to the estate;
(iv) advising it concerning alternatives for restructuring its
debts and financial affairs pursuant to a plan or, if appropriate,
liquidating its assets; and
(v) preparing the bankruptcy schedules, statements and lists
required to be filed by the Debtor under the Bankruptcy Code and
applicable procedural rules.
The firm will be paid at these rates:
Nicholas J. Henderson, Partner $540 per hour
Alex C. Trauman, Partner $540 per hour
Troy G. Sexton, Partner $465 per hour
Jeremy Tolchin, Associate $450 per hour
Sean Glinka, Associate $450 per hour
Ryan Ripp, Associate $310 per hour
Noah Maurer, Associate $310 per hour
Leona Yazdidoust, Associate $290 per hour
Paralegals, Paralegal $210 per hour
The firm will be paid a retainer in the amount of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Troy Sexton, a partner at Elevate Law Group, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Troy G. Sexton, Esq.
Elevate Law Group
6000 Meadows Road, Suite 450
Lake Oswego, OR 97035
Tel:(503) 417-0508
E-mail: troy@elevatelawpdx.com
About Sendler Family Truss Ltd
Sendler Family Truss Ltd filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D. Oregon Case No.
25-31097) on April 1, 2025, listing $500,001 to $1 million in both
assets and liabilities.
Judge David W Hercher presides over the case.
Troy G. Sexton, Esq. at Elevate Law Group represents the Debtor as
counsel.
SERVANT GROUP: James Cross Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 14 appointed James Cross, Esq., at
Cross Law Firm, PLC as Subchapter V trustee for The Servant Group,
LLC.
Mr. Cross will be paid an hourly fee of $525 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Cross declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
James E. Cross, Esq.
Cross Law Firm, PLC
P.O. Box 45469
Phoenix, AZ 85064
Phone: 602-412-4422
Email: jcross@crosslawaz.com
About The Servant Group
based in Surprise, Ariz., The Servant Group, LLC specializes in
providing nursing-supported residential homes for adults and
children with developmental disabilities. It offers a variety of
home and community-based services, including adult day care, adult
day health care, home health aide, personal care, respite care, and
visiting nurse services.
The Servant Group sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-02541) on March 25,
2025. In its petition, the Debtor reported assets between $50,000
and $100,000 and liabilities between $1 million and $10 million.
Judge Brenda K. Martin handles the case.
The Debtor is represented by Patrick Keery, Esq., at Keery McCue,
PLLC.
SFP – TAMPA I: Fitch Alters Outlook on 'BB+' Rating to Negative
-----------------------------------------------------------------
Fitch Ratings has affirmed SFP - Tampa I LLC's (SFP) $113.5 million
series 2024A-1 student housing revenue bonds (tax-exempt) and $13.1
million series 2024A-2 student housing revenue bonds (taxable) at
'BB+'.
The Rating Outlook has been revised to Negative from Stable.
The Negative Outlook reflects the significantly weaker than
expected occupancy rates at the student housing facility in fiscal
2025 which raise uncertainty regarding how quickly occupancy will
ramp up and at what level it will stabilize. Occupancy rates are
projected to have fallen to 81% in fiscal 2025, substantially lower
than Fitch's prior base and rating case occupancy assumptions of
95% and 93%, respectively.
Occupancy rates in 2025 were negatively impacted by the facility's
inability to capitalize on its affiliation and marketing agreements
with the University of South Florida (USF; AA/Stable) and the
University of Tampa (UT; A/Stable), respectively, given the timing
of the transaction close in June 2024 when most students had
already entered into lease agreements for the 2025 academic year.
Delays and technical issues with the 2025 Free Application for
Federal Student Aid (FAFSA) process, in addition to the opening of
a new similarly sized student housing facility both on UT's campus
and off, also contributed to the lower occupancy rates.
These affects may be temporal, and increased collaboration with
both UT and USF in the lead up to the 2025-2026 academic year has
led to pre-leasing rates approximately 20% higher relative to the
2024-2025 academic year. However, a continuation of occupancy
levels below 90% beyond fiscal 2025 would likely put downward
pressure on the rating.
The rating reflects the small, single facility nature of the
project and its desirability and marketability to both
upperclassmen at UT and graduate students at USF's health services
campus. The relatively newly built project represents 551
off-campus beds in the thriving downtown Tampa market. Capital
needs remain limited over the near to medium term. The project
benefits from an operating reserve funded at approximately $506,000
as of March 2025 and a renewal and replacement fund with reserves
above $250/bed that escalates with operating expenses annually.
The project benefits from below market pricing with contractual
annual rate increases of up to 3.5% without university approval.
The strength of the Tampa market, together with the facility's
affiliation and affiliation and marketing agreements with USF and
UT, respectively, are expected to return the facility's occupancy
levels to higher levels into the future. Fitch's rating case
average lifetime debt service coverage ratio (DSCR) of 1.6x,
together with an average 10-year DSCR of 1.3x, supports the
rating.
KEY RATING DRIVERS
Revenue Risk - Volume - Midrange
The project represents a single-site, preferred off-campus facility
in downtown Tampa. It benefits from affiliation and marketing
agreements with USF Health and UT, respectively, and can also be
leased to other accredited universities in the greater Tampa Bay
area subject to certain conditions. The USF affiliation agreement
ensures alignment of incentives via revenue sharing, marketing
clauses preferential to the project, and facility handover to USF
at the end of the 35-year term. Enrollment trends have been largely
stable at USF and stable to increasing at UT.
Fitch considers the agreements as providing some support for
ongoing student use of the facility, but the agreements do not
provide for volume guarantees. While there is the risk of
competition from other developments in the area, the project's
desirability and existence of sufficient market demand partially
offset this risk.
Revenue Risk - Price - Midrange
Project revenues are primarily derived from student housing rentals
(approximately 85%), with additional revenues from both student and
hotel contract parking in the building as well as retail rent from
a first-floor café. The agreements allow for annual housing rate
increases of up to 3.5% without requiring university approval.
Increases above 3.5% are possible without university approval in
the event coverage is expected to fall below the 1.2x rate
covenant. As a non-profit, the project's rental rates are set below
market, and are therefore more attractive to the student
population.
Infrastructure Dev. & Renewal - Stronger
The Henry is a luxury 23-story multipurpose student housing
property that opened for the fall 2021 semester. Management does
not expect the building to have substantial near-to-medium-term
capital needs given its relatively young age. The operating
reserve, which is currently funded at approximately $506,000, is
expected to reach its target balance of $1 million during fiscal
2026. The transaction also maintains a renewal and replacement fund
of approximately $150 thousands, equal to approximately $272/bed.
Deposits to the renewal and replacement fund escalate annually in
line with operating expenses.
A condition assessment is required at least every five years to
determine the repair and replacement fund requirement. Cashflows in
excess of those needed to achieve 1.2x senior DSCR and to pay
subordinate interest expense are expected to provide an additional
25% of annual surplus revenues for maintenance, operation and
preservation the project beyond those in the waterfall.
Debt Structure - 1 - Stronger
The security and structural features of the SFP's debt obligations
are like other investment-grade student housing transactions. The
rated debt is senior lien, fixed rate, fully amortizing with a
12-month debt service reserve fund sized to maximum annual debt
service (MADS). The stronger features are slightly offset by a 1.2x
rate covenant and additional bonds requirement, which are low
relative to peers, but the ABT does require a rating affirmation by
all agencies then rating the debt.
The overall debt structure also includes slightly more than 16% of
subordinate debt (not rated by Fitch), structured as interest only
through bullet repayment in 2059. This debt is fully subordinate to
the rated debt, with no cross default or acceleration between the
senior and subordinate liens.
Financial Profile
Fitch's rating case incorporates the projected low occupancy level
of 81% in fiscal 2025 but assumes occupancy rebounds to 90% in
fiscals 2026 and 2027. Occupancy in the rating case is then assumed
to remain at 93% over the remainder of the life of the debt. The
rating case also assumes annual bed rate increases of 3% and annual
operating expense increases of 4%. These assumptions result in
average Fitch-calculated DSCR over the life of the debt of 1.6x,
with an extended period of lower coverage around 1.3x over the next
10 years. Leverage is elevated at above 21x in fiscal 2025 and only
declines slightly to below 16x by 2029 given the interest-only
structure on the series 2024A-1 until 2036.
PEER GROUP
Fitch's most comparable peer is a private transaction for a student
housing project (BBB-/Stable) with on-campus units at a single-site
U.S. university. Historical occupancy levels are above The Henry
occupancy levels at around 92%. Annual revenues at the peer
facility are significantly higher given the much larger number of
beds; however, revenue/bed is significantly lower reflecting the
newness of The Henry together with the strength of the Tampa
market.
The Henry is a preferred off-campus facility and represents a much
smaller percentage of available housing stock. However, this is
partially offset by the lack of comparable supply for graduate and
upperclassmen in Tampa. Ten-year average and lifetime Fitch rating
case DSCRs are slightly higher at the peer facility resulting in a
one-notch rating differential.
Fitch publicly rates CDFI Phase I LLC - University of Tennessee at
Chattanooga (BBB/Stable), another single-asset project comprised of
units at one U.S. university. CDFI is an on-campus facility,
comprising approximately half of the university's housing stock,
with historical occupancy near 100%. However, the asset is much
older at approximately 20 years old. CDFI's DSCR has averaged
approximately 1.6x in recent years, positioning it solidly as
investment grade as compared to SFP-Tampa's weaker projected
coverage profile at 1.3x over the next 10 years.
Amplify Lubbock (BB-/Stable) is also a comparable single-site,
student housing purpose-built project near Texas Tech. SFP's higher
rating reflects the strength of the Tampa market relative to
Lubbock's, the existence of marketing and affiliation agreements
with UT and USF, greater flexibility with respect to pricing,
larger per bed capital set aside and superior financial metrics
with average lifetime Fitch calculated senior DSCR of 1.6x compared
to 1.3x for Amplify Lubbock.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Absent mitigating actions, occupancy levels below 90% and
or/increases in costs that result in a sustained Fitch rating case
DSCR below 1.3x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Over the next one to two years, a return to a Stable Outlook will
depend on demonstrating improvements in occupancy that signal a
high likelihood of stabilized occupancy levels in excess of 90%;
- Any combination of occupancy level increases, rate increases, or
cost management that result in sustained Fitch rating case DSCR
above 1.5x.
SECURITY
The bonds are secured by a first-lien mortgage on the land and
project, together with a security interest in project revenues and
assets. Pledged revenues include those from parking and retail as
well as from student housing rents.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
SFP - Tampa I LLC
SFP - Tampa I
LLC/Housing Revenues
- First Lien/1 LT LT BB+ Affirmed BB+
SHAHINAZ SOLIMAN: Court OKs Deal to Use SBA's Cash Collateral
-------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division, approved a stipulation allowing Shahinaz
Soliman Clinic Corp. to use the cash collateral of the U.S. Small
Business Administration.
The stipulation authorizes the Debtor to use the agency's cash
collateral, including cash and revenue, from April 11 to July 31 to
pay its business expenses.
To protect SBA's interests, the agency will be granted a
replacement lien on post-petition revenues to the extent that the
original collateral is diminished. In addition, the Debtor must
make monthly payments of $2,140 to SBA beginning this month as
additional protection.
Prior to its Chapter 11 filing, the Debtor took out a $2 million
COVID Economic Injury Disaster Loan from SBA, secured by all of the
Debtor's personal property.
As of the bankruptcy filing, about $2.05 million was owed on the
SBA loan.
About Shahinaz Soliman Clinic Corp.
Shahinaz Soliman Clinic Corp., doing business as Soliman Care
Family Practice Center Inc., is a family practice health center
that offers comprehensive healthcare services for individuals of
all ages, from pediatrics to geriatrics. The clinic specializes in
both acute and chronic care, focusing on prevention, diagnosis, and
holistic treatment. Led by Dr. Shahinaz Soliman, the center is
committed to providing compassionate, culturally competent, and
patient-centered care to the community.
Shahinaz Soliman Clinic Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12747) on
April 2, 2025. In its petition, the Debtor reported between
$100,000 and $500,000 in assets and between $1 million and $10
million in liabilities.
Judge Barry Russell handles the case.
The Debtor is represented by Michael Jay Berger, Esq., at the Law
Offices of Michael Jay Berger.
SHOREVIEW HOLDING: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: Shoreview Holding 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.: 25-10566
Judge: Hon. Shad Robinson
Debtor's Counsel: Stephen J. Humeniuk, Esq.
TROUTMAN PEPPER LOCKE LLP
600 Congress Ave., Suite 2200
Austin TX 78701
Tel: (512) 305-4700
Email: stephen.humeniuk@troutman.com
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $50 million to $100 million
The petition was signed by Monte Lee-Wen as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/77X262I/Shoreview_Holding_LLC__txwbke-25-10566__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Ally Waste Services Trade Debt $10,320
2509 S. Power Rd. Ste 101
Gilbert, AZ 85296
Tel: (877) 689-2559
2. Casoro Group Trade Debt $6,860
Highway 320
Austin, TX 78759
3. Chadwell Supply, Inc. Trade Debt $2,523
5115 Joanne Kearny Blvd
Tampa, FL 33619
Tel: (888) 341-2423
4. Cintas Fire Protection Trade Debt $10,616
PO Box 636525
Cincinnati, OH 45263-6525
5. City of Bradenton Trade Debt $12,001
Water and Sewer Department
P.O. Box 1339
Bradenton, FL 34206-1339
6. CoStar Realty Information, Inc. Trade Debt $8,076
2563 Collection Center Dr.
Chicago, IL 60693
7. Crown Roofing LLC Trade Debt $4,878
240 Field End St
Sarasota, FL 34240
Tel: (855) 276-9655
8. Flanagan Bilton, LLC Trade Debt $28,126
1 N La Salle St, Ste 2100
Chicago, IL 60602
9. Flooring - Sherwin Williams Trade Debt $4,641
101 W. Prospect Avenue
Cleveland, OH 44115
10. FPL Energy Services Trade Debt $4,573
PO Box 25426
Miami, FL 33102
Tel: (877) 375-4674
11. Group Fenix LLC Trade Debt $4,390
9024 Hogans Bend
Tampa, FL 33647
Tel: (786) 678-2044
12. Investcor Capital, LLC Trade Debt $4,547
3001 RR 620 S, Suite #324
Austin, TX 78738
13. Matrix Turnkey Inc. Trade Debt $5,248
PO Box 4124
Brandon, FL 33509
Tel: (813) 478-3717
14. Michael's Fence Trade Debt $6,550
2523 W Knollwood St
Tampa, FL 33614-4373
15. Precision Gate & Security, Inc. Trade Debt $5,123
350 W Venice Ave. #153
Venice, FL 34285
Tel: (813) 404-6278
16. ResProp Management Trade Debt $26,354
Company, LLC
1101 W. 34th St. #323
Austin, TX 78705
17. Right Way Elevator Maintenance Trade Debt $5,552
9790 16th Street North St.
Petersburgh, FL 33716
Tel: (727) 348-6966
18. Sapphire Cleaning LLC Trade Debt $9,440
1014 24th St E Palmetto
Fl 34221-2733
19. Tower Compactor Rentals, LLC Trade Debt $3,076
6910 E. Chauncey Lane
Suite 130
Phoenix, AZ 85054
Tel: (602) 200-3426
20. Valet Living, LLC Trade Debt $11,572
Dept #9791
PO Box 850001
Orlando, FL 32885-9791
Tel: (844) 422-4675
SILICON VALLEY: Successor Sues IRS Over $41.3MM Tax Dispute
-----------------------------------------------------------
Tristan Navera of Bloomberg Law reports that SVB Financial Trust,
the successor to Silicon Valley Bank (SVB), is disputing $41.3
million in tax adjustments imposed by the IRS for the years leading
up to the bank's 2023 collapse and bankruptcy filing. The trust,
which serves as the liquidating entity for New York-based SVB
Financial Group, filed a petition with the U.S. Tax Court after
receiving IRS notices adjusting several tax items from 2020 through
2022.
In June 2024, the IRS initially assessed nearly $645 million in
additional taxes, according to the trust's April 1, 2025 petition.
While about $600 million of that—related to 2022—has since been
resolved, the trust is challenging the remaining assessments: $14.6
million for 2020 and $26.7 million for 2021. These disputes center
around disallowed deductions, primarily linked to restructuring
costs associated with SVB's acquisition of Boston Private Financial
Holdings Inc. For 2020, the IRS also denied certain charitable
contributions, a capital loss from a partnership liquidation, and
research tax credits under IRC Section 41, increasing the bank's
taxable income by $45.6 million that year and by $24 million in
2021, according to Bloomberg Law.
SVB Financial Trust claims it is owed a $64.5 million tax credit
and is asking the court to rule that no further taxes are due, the
report states.
Although the IRS previously adjusted the bank's 2022 income upward
by $9.3 billion—triggering a $605 million tax liability—the two
parties later reached an agreement that no deficiency would be
assessed. However, the IRS has not yet issued a revised notice to
reflect that settlement, the trust says.
Once a prominent lender to tech startups with nearly $200 billion
in assets, Silicon Valley Bank filed for Chapter 11 in March 2023
after rising interest rates forced the sale of a $21 billion bond
portfolio at a $1.8 billion loss, triggering a run on deposits. The
bank exited bankruptcy in November with SVB Financial Trust
assuming control, Bloomberg Law reports.
Litigation continues to follow the bank's failure. In January, the
FDIC filed suit against several former SVB executives for alleged
"egregious mismanagement." In March, a federal judge ruled that SVB
and its successor entities could move forward with a $1.93 billion
claim against the FDIC for funds seized during the bankruptcy
process, the report states.
The IRS declined to comment.
SVB is represented by Sullivan & Cromwell LLP.
The case is SVB Financial Trust v. Commissioner, T.C. No. 4076-25.
About Silicon Valley Bank
Silicon Valley Bank was the nation's 16th largest bank and the
biggest to fail since the 2008 financial meltdown.
During the week of March 6, 2023, Silicon Valley Bank, Santa Clara,
CA, experienced a severe "run-on-the-bank." On the morning of March
10, 2023, the California Department of Financial Protection and
Innovation seized SVB and placed it under the receivership of the
Federal Deposit Insurance Corporation (FDIC).
The FDIC on March 13, 2023, disclosed that it transferred all
deposits -- both insured and uninsured -- and substantially all
assets of the former Silicon Valley Bank of Santa Clara,
California, to a newly created, full-service FDIC-operated "bridge
bank" in an action designed to protect all depositors of Silicon
Valley Bank.
SVB Financial Group is a financial services company focusing on the
innovation economy, offering financial products and services to
clients across the United States and in key international markets.
Prior to March 10, 2023, SVB Financial Group owned and operated
Silicon Valley Bank, a state-chartered bank.
On March 17, 2023, SVB Financial Group sought Chapter 11 bankruptcy
protection (Bankr. S.D.N.Y. Case No. 23-10367). The Hon. Martin
Glenn is the bankruptcy judge. The Debtor had assets of
$19,679,000,000 and liabilities of $3,675,000,000 as of Dec. 31,
2022.
Centerview Partners LLC is proposed financial advisor, Sullivan &
Cromwell LLP proposed legal counsel and Alvarez & Marsal proposed
restructuring advisor to SVB Financial Group as
debtor-in-possession. Kroll is the claims agent.
SILVER AIRWAYS: Gets Interim OK for DIP Loan From KIA II
--------------------------------------------------------
Silver Airways, LLC and Seaborne Virgin Islands, Inc. received
interim approval from the U.S. Bankruptcy Court for the Southern
District of Florida, Fort Lauderdale Division, to obtain
post-petition financing and use cash collateral.
The interim order penned by Judge Peter Russin approved the $5.5
million in secured post-petition financing from KIA II LLC, a
Delaware-based lender affiliated with the proposed purchaser of the
Debtors' assets.
Of this $5.5 million loan, $3 million will be made immediately
available to the Debtors.
The DIP facility is due and payable on the earliest to occur of:
(a) six months from the Closing Date, or
(b) the closing of a Sale Transaction;
(c) the effective date of a confirmed Acceptable Plan, or (d)
the date of acceleration of the Loans or termination of the
Commitment by the Lender following an Event of Default.
The DIP loan bears a fixed 13% interest rate (15% default rate) and
includes a 5% commitment fee and a 5% exit fee. The proceeds will
be used for working capital, administrative expenses (including
professional fees), and other operating costs strictly in
accordance with a DIP budget.
The DIP lender will receive a senior, priming lien on substantially
all of the Debtors' existing and future assets and a superpriority
administrative expense claim, subject only to a carve-out for U.S.
Trustee fees and professional fees.
Prepetition secured lenders -- Brigade Agency Services LLC and
Argent Funding, LLC -- do not oppose the relief and have consented
to the priming of their liens in exchange for adequate protection.
These protections include replacement liens and superpriority
claims to the extent of any diminution in value of their
collateral.
As of late December 2024, the Debtors owed approximately $187.4
million to Brigade and $211.8 million to Argent, and both creditors
hold valid and perfected liens on nearly all of the Debtors'
assets.
A final hearing is scheduled for May 7.
About Silver Airways
Silver Airways, LLC is a regional U.S. airline operating flights
between gateways in Florida, the Southeast and The Bahamas. The
Silver Airways fleet is comprised of modern, state of the art
aircraft with reliable, fuel-efficient turbo-prop engines.
In the summer of 2018, Silver completed the acquisition of Seaborne
Airlines, a San Juan, Puerto Rico-based air carrier serving
destinations throughout Puerto Rico, the U.S. Virgin Islands, and
other countries in the Caribbean. Seaborne provides connections
throughout the Caribbean via the carrier's hub in San Juan, while
also serving as the most critical link between St. Croix and St.
Thomas with the carrier's seaplane operation.
Silver Airways and Seaborne Virgin Islands, Inc. filed Chapter 11
petitions (Bankr. S.D. Fla. Lead Case No. 24-23623) on December 30,
2024. At the time of the filing, Silver Airways reported $100
million to $500 million in assets and liabilities while Seaborne
reported $1 million to $10 million in assets and liabilities.
Judge Peter D. Russin oversees the cases.
Brian P. Hall, Esq., is the Debtors' legal counsel.
Brigade Agency Services, LLC, as lender, is represented by Frank P.
Terzo, Esq., at Nelson Mullins Riley & Scarborough, LLP.
Argent Funding LLC and Volant SVI Funding LLC, as lenders, are
represented by Regina Stango Kelbon, Esq. at Blank Rome, LLP.
SILVER CAPITAL: Settles Shareholder Lawsuit for $37.5 MM
--------------------------------------------------------
Alex Wolf of Bloomberg Law reports that Silvergate Bank's parent
company has agreed to a $37.5 million settlement to resolve a
shareholder class action as part of a broader bankruptcy court
agreement over the distribution of director and officer insurance
funds.
On Tuesday, April 22, 2025, Silvergate Capital Corp. requested that
the U.S. Bankruptcy Court for the District of Delaware approve the
global settlement, saying it would avoid "complex, expensive, and
uncertain litigation" and allow the company to move forward with
its Chapter 11 liquidation process, the report states.
About Silvergate Capital Corporation
Silvergate Capital Corporation is a Maryland corporation
headquartered in La Jolla, Calif. Until July 1, 2024, it was a bank
holding company subject to supervision by the Board of Governors of
the Federal Reserve.
Silvergate Capital Corporation filed voluntary Chapter 11 petition
(Bankr. D. Del. Lead Case No. 24-12158) on Sept. 17, 2024, listing
$100 million to $500 million in assets and $10 million to $50
million in liabilities. The petitions were signed by Elaine Hetrick
as chief administrative officer.
Judge Karen B. Owens oversees the case.
Paul N. Heath, Esq., at Richards, Layton & Finger, P.A. represents
the Debtor as legal counsel.
SIRENS SONG: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Sirens Song Marketing, LLC received interim approval from the U.S.
Bankruptcy Court for the Southern District of Alabama to use cash
collateral.
The interim order penned by Judge Jerry Oldshue authorized the
Debtor to use cash collateral, including receivables and proceeds,
until May 6 based on its budget, with a 10% permitted variance.
Creditors with interests in the cash collateral will be provided
with protection in the form of a replacement lien on the Debtor's
assets similar to their pre-bankruptcy collateral.
A final hearing is scheduled for May 6.
The Debtor intends to use cash collateral to fund essential
business operations as detailed in its budget. Expenses to be paid
include wages, contractor payments, rent, utilities, laundry
supplies, equipment loans, and other standard operating costs,
along with administrative expenses associated with the bankruptcy.
Following the loss of its largest client in 2024—who had
accounted for around 60% of the company's business—the Debtor has
struggled financially, borrowed operating capital, and is now
seeking to use cash collateral to sustain operations.
The Debtor relies heavily on independent contractors and supplies
its clients with linens and cleaning products. Most of its clients
pay electronically through platforms like PayPal, Venmo, Square,
Stripe, or Intuit. On the petition date, the Debtor had
approximately $5,437 in accounts receivable and only $573 in cash
on hand.
Several creditors, including Headway Capital, Square Financial
Services, Spring Funding, RDM Capital Funding (d/b/a Fintap),
MainPoint Solutions, and Stripe, assert secured claims against the
Debtor’s accounts receivable and/or cash. However, none of these
entities are currently listed as secured parties in UCC-1 filings
with the Alabama Secretary of State. The Debtor is still
investigating whether any filings were made on their behalf by
third-party agents such as Corporation Service Company or CT
Corporation.
Notably, before the bankruptcy filing, Fintap and MainPoint issued
UCC lien notices to the Debtor's payment processors, requesting
client payments be diverted directly to them. This has created a
significant hardship for the Debtor, interrupting cash flow and
hindering its ability to pay operating expenses.
About Sirens Song Marketing
Sirens Song Marketing, LLC provides cleaning and laundry services
for vacation properties in Alabama's Gulf Coast and Gatlinburg,
Tennessee.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ala. Case No. 25-11041) on April 17,
2025. In the petition signed by Shields W. Smith Jr, owner, the
Debtor disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Judge Jerry C. Oldshue oversees the case.
Alexandra K. Garrett, Esq., at Silver Voit Garrett & Watkins,
represents the Debtor as legal counsel.
SK INDUSTRIES: Hires Professional Management as Accountant
----------------------------------------------------------
SK Industries, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Florida to employ Georgia Evans of
Professional Management Systems, Inc. as accountant.
Ms. Evans will provide tax advice and accounting/bookkeeping
services to the Debtor.
Ms. Evans' rate is $85 per hour for services provided.
As disclosed in the court filings, Ms. Evans has no connections
with any creditors or parties in interest.
The firm can be reached through:
Georgia Evans
Professional Management Systems, Inc.
4590 Coach Ln
Chipley, FL 32428
Tel: (850) 441-2000
About SK Industries, LLC
SK Industries, LLC, doing business as Pensacola Athletic Center, is
a comprehensive fitness facility offering 24-hour gym access,
personal training, childcare services, tennis courts, swimming
pools, and group fitness classes. The family-owned business has
been serving the Pensacola community since 1985, with a focus on
health and wellness for individuals of all ages.
SK Industries filed Chapter 11 petition (Bankr. N.D. Fla. Case No.
25-30138) on February 18, 2025, listing between $1 million and $10
million in both assets and liabilities.
The Debtor is represented by Byron W. Wright III, Esq., at Bruner
Wright, P.A.
SOLEPLY LLC: Natasha Songonuga Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Natasha Songonuga,
Esq., at VTrustee, LLC as Subchapter V trustee for Soleply, LLC.
Ms. Songonuga will be paid an hourly fee of $450 for her services
as Subchapter V trustee and an hourly fee of $185 for paralegal
services. In addition, the Subchapter V trustee will receive
reimbursement for work-related expenses incurred.
Ms. Songonuga declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Natasha Songonuga, Esq.
VTrustee LLC
PO Box 841
Wilmington, DE 19899
Email: Nsongonuga@VTrusteellc.com
About Soleply LLC
Soleply, LLC is a retailer specializing in premium sneakers and
streetwear, operates both online (soleply.com) and physical stores
including its main location in Cherry Hill, N.J. It sells a variety
of branded footwear including Nike Dunks, Air Jordans, ASICS
Gel-Kayano models, and adidas Yeezy products, along with high-end
streetwear from brands like Fear of God Essentials, Denim Tears,
and Bravest Studios.
Soleply sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D.N.J. Case No. 25-12919) on March 21, 2025, listing
between $1 million and $10 million in both assets and liabilities.
Judge Andrew B. Altenburg, Jr. oversees the case.
The Debtor is represented by Ronald S. Gellert, Esq., at Gellert
Seitz Busenkell & Brown, LLC.
SOUTH REGENCY: Committee Taps Conroy Baran LLC as Legal Counsel
---------------------------------------------------------------
The official committee of unsecured creditors of South Regency
Shops, LLC seeks approval from the U.S. Bankruptcy Court for the
District of Kansas to hire Conroy Baran, LLC to serve as legal
counsel.
The firm's services include:
(a) advising the Committee with respect to its rights and
obligations and other matters of bankruptcy law;
(b) representation of the Committee at hearings on the plan of
reorganization, disclosure statement, confirmation and related
hearings, and any adjourned hearings thereof;
(c) representation of the Committee in adversary proceedings
and other contested bankruptcy matters; and
(d) representation of the Committee in the above matters, and
any other matters that may arise in connection with Debtor's
reorganization proceeding.
The firm's hourly rates are:
Robert S. Baran $317
Paralegal rates $105 to $168
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert S. Baran, Esq., a partner at Conroy Baran, LLC, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Robert S. Baran, Esq.
Conroy Baran, LLC
1316 Saint Louis Ave., 2nd FL
Kansas City, MO 64101
Tel: (816) 616-5009
Email: rbaran@conroybaran.com
About South Regency Shops LLC
South Regency Shops, LLC owns a shopping center situated at 9296
Metcalf Avenue in Overland Park, Kan., with an estimated current
value of $810,000.
South Regency Shops filed Chapter 11 petition (Bankr. D. Kan. Case
No. 25-20140) on February 10, 2025, listing total assets of
$817,347 and total liabilities of $2,578,359.
Judge Dale L. Somers handles the case.
The Debtor is represented by Colin Gotham, Esq. at Evans &
Mullinix, P.A.
SOUTHWEST FT WORTH: Section 341(a) Meeting of Creditors on May 30
-----------------------------------------------------------------
On April 23, 2025, Southwest Ft Worth Memory Care LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the Northern District of Texas. 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 not be
available to unsecured creditors.
A meeting of creditors Section 341(a) to be held on May 30, 2025 at
09:30 AM by TELEPHONE.
About Southwest Ft Worth Memory Care LLC
Southwest Ft Worth Memory Care LLC, 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.
Southwest Ft Worth Memory Care LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41419)
on April 23, 2025. In its petition, the Debtor reports estimated
assets between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtor is represented by Joyce W. Lindauer, Esq. at JOYCE W.
LINDAUER ATTORNEY, PLLC.
SWC INDUSTRIES: OpCo Unsecureds Will Get 20% of Claims in Plan
--------------------------------------------------------------
SWC Industries LLC and its affiliated debtors submitted a
Disclosure Statement describing First Amended Joint Plan dated
March 25, 2025.
The Company operates its manufacturing and technology businesses
through four distinct segments: (i) White Systems; (ii) CeraTek;
(iii) Accu-Seal; and (iv) Ascent.
Each segment is a leader in its respective field, offering
innovative products and solutions to a diverse customer base,
including, among others, Fortune 500 companies, healthcare
providers, CPG businesses, heavy manufacturers, and government
contractors.
Each Holder of an Allowed Claim or Allowed Interest, as applicable,
will receive under the Plan the treatment in full and final
satisfaction, settlement, release, and discharge of and in exchange
for such Holder's Allowed Claim or Allowed Interest, except to the
extent less favorable treatment is agreed to by the Debtors and the
Holder of such Allowed Claim or Allowed Interest, as applicable.
Class A-4 consists of OpCo GUCs. Subject to the Affiliate Group
Settlement, each holder of an OpCo GUC (excluding WCMC) will
receive a Pro Rata share of the OpCo GUC Pool, which will be funded
by the Plan Sponsor Payment and from certain assets excluded from
the Plan Sponsor Transaction, after various senior claims and plan
costs have been funded. This Class will receive a distribution of
20% of their allowed claims.
Class B-5 consists of any Legacy GUCs. This Class will receive a
distribution of 0% to 30% of their allowed claims.
* (i) If Class B-6 (Legacy Asbestos Claims) votes to accept
the Plan, each Holder of a Legacy GUC will receive its Pro Rata
share of the Legacy GUC Pool, which will be funded with the
unencumbered assets of such Legacy Debtor remaining after
administrative and other senior claims have been paid in full, and
the Plan Costs have been funded in full, plus any remaining portion
of the Environmental Reserve; in such case, the Legacy GUC Pool
will not include any Asbestos Insurance, and the Liquidating
Trustee will not account for any Legacy Asbestos Claims when
calculating each Holder's Pro Rata share.
* (ii) If Class B-6 (Legacy Asbestos Claims) does not vote to
accept the Plan, each Holder of a Legacy GUC will receive its Pro
Rata share of the Legacy GUC Pool, which, in such case, will
include the Asbestos Insurance, and the Liquidating Trustee will
include both Legacy GUCs and Legacy Asbestos Claims when
calculating each Holder's Pro Rata share.
Upon consummation of the Plan and the Plan Sponsor Transaction(s),
it is anticipated that the OpCo Debtors' ongoing businesses and
related assets will vest in the Reorganized Debtors, which will be
owned directly or indirectly by the Plan Sponsor(s), and the
Debtors' remaining assets, including real property, Causes of
Action, and cash, will be transferred to the Creditor Trust(s) for
administration and liquidation pursuant to the Plan.
The Legacy Debtors (which are not being sold to the Plan
Sponsor(s)) will cease to exist on the Effective Date, and their
Estates (including all assets and liabilities under the Plan and
applicable law) will vest in the Liquidating Trust. However, if
Class B-6 (Legacy Asbestos Claims) votes in favor of the Plan, the
Legacy Debtors' rights and liabilities relating to the Asbestos
Insurance and Asbestos Claims will vest in the Asbestos Trust. The
insurance rights of the Legacy Debtors that will vest in the
Creditor Trust(s) include and are subject to all obligations
provided for in the applicable insurance policies.
Unless otherwise specified herein, all Cash required for the
payments to be made hereunder shall solely be obtained from (i)
Retained Cash, (ii) the Plan Sponsor Payment, (iii) Asbestos
Insurance, and (iv) any proceeds of Retained Assets. The Cure Costs
on account of Assumed Contracts assumed by the Reorganized Debtors
and distributions to be made on account of OpCo Trade Claims will
be paid directly to the applicable recipients by the Plan Sponsor
and shall not be an obligation of any Debtor or its Estate.
A full-text copy of the Disclosure Statement dated March 17, 2025
is available at https://urlcurt.com/u?l=rHfova from Stretto, Inc.,
the claims agent.
Counsel to the Debtors:
C. Luckey McDowell, Esq.
Ian E. Roberts, Esq.
ALLEN OVERY SHEARMAN STERLING US LLP
2601 Olive Street, 17th Floor
Dallas, TX 75201
Phone: (214) 271-5777
Email: luckey.mcdowell@aoshearman.com
ian.roberts@aoshearman.com
Robert G. Harris, Esq.
Reno Fernandez, Esq.
Binder Malter Harris & Rome-Banks LLP
2775 Park Avenue
Santa Clara, CA 95050
Telephone: (408) 295-1700
Email: rob@bindermalter.com
About SWC Industries LLC
With principal operations in California and Massachusetts, SWC
Industries LLC manufactures a range of innovative sealing and
logistics equipment -- and offers related services -- that create
efficiencies and reduce costs across multiple industries. In
addition, the Company's San Diego-based business designs and
develops a full suite of software designed to improve warehouse
operations.
SWC Industries LLC and 12 affiliates sought Chapter 11 protection
(Bankr. N.D. Cal. Lead Case No. 24-51721) on Nov. 13, 2024.
SWC listed assets and debt of $50 million to $100 million as of the
bankruptcy filing.
The Debtors tapped Allen Overy Shearman Sterling US LLP as lead
restructuring counsel; Binder Malter Harris & Rome-Banks LLP as
restructuring co-counsel and local counsel; Getzler Henrich &
Associates LLC as financial advisor; and Gordian Group, LLC, as
investment banker. Stretto, Inc., is the claims agent.
SWEET TRUCKING: Section 341(a) Meeting of Creditors on May 21
-------------------------------------------------------------
On April 21, 2025, Sweet Trucking Co. LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District
of Tennessee. According to court filing, the
Debtor reports $1,471,49 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 10:00 AM by telephone: 877-647-0236, passcode 1558052.
About Sweet Trucking Co. LLC
Sweet Trucking Co. LLC is a family-owned transportation company
based in Knoxville, Tennessee, specializing in hauling heavy
equipment locally and across state lines. The Company operates a
fleet of trucks, tractors, and trailers and employs a team of
drivers to manage logistics and transport. It provides various
trailer types, including flatbeds, lowbeds, and gooseneck trailers,
serving construction and industrial clients.
Sweet Trucking Co. LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-30765) on April
21, 2025. In its petition, the Debtor reports total assets of
$1,293,647 and total liabilities of $1,471,498.
Honorable Bankruptcy Judge Suzanne H. Bauknight handles the
case.
The Debtor is represented by Keith Edmiston, Esq. at CLARK &
WASHINGTON, PC.
TERRA LAKE: Section 341(a) Meeting of Creditors on June 2
---------------------------------------------------------
On April 23, 2025, Terra Lake Heights LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Florida. 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.
A meeting of creditors under Section 341(a) to be Held on June 2,
2025 at 10:00 AM by TELEPHONE.
About Terra Lake Heights LLC
Terra Lake Heights LLC is a limited liability company.
Terra Lake Heights LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14464) on April 23,
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 Scott M. Grossman handles the case.
The Debtor is represented by Chad Van Horn, Esq. at VAN HORN LAW
GROUP, P.A.
TEXAS HEALTH: Seeks to Hire Lane Law Firm PLLC as Legal Counsel
---------------------------------------------------------------
Texas Health Foundation, Inc. seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Texas to hire The Lane
Law Firm, PLLC as counsel.
The firm will render these services:
(a) assist, advise and represent the Debtor relative to the
administration of the Chapter 11 case;
(b) assist, advise and represent the Debtor in analyzing its
assets and liabilities, investigate the extent and validity of lien
and claims, and participate in and review any proposed asset sales
or dispositions;
(c) attend meetings and negotiate with the representatives of
the secured creditors;
(d) assist the Debtor in the preparation, analysis and
negotiation of any plan of reorganization and disclosure statement
accompanying any plan of reorganization;
(e) take all necessary action to protect and preserve the
interests of the Debtor;
(f) appear, as appropriate, before this court, the appellate
courts, and other courts in which matters may be heard and protect
the interests of Debtor before said courts and the United States
Trustee; and
(g) perform all other necessary legal services in this case.
The firm's counsel will be paid at these hourly rates:
Robert Lane, Partner $595
Associate Attorney $450 to $500
Paralegals $250
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received payments for its retainer from the Debtor in the
amount of $35,000 on multiple dates from Feb. 24, 2025 through
March 21, 2025.
Mr. Lane disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Robert C. Lane, Esq.
The Lane Law Firm, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Telephone: (713) 595-8200
Facsimile: (713) 595-8201
Email: notifications@lanelaw.com
About Texas Health Foundation Inc.
Texas Health Foundation Inc., operating as Texas Center for Health,
provides a wide range of healthcare services with a focus on both
women's and men's health. The center specializes in areas such as
obstetrics, gynecology, hormone replacement therapy, infertility
treatments, weight loss programs, and aesthetic services like
injectables and skincare. With a commitment to patient-centered
care, the practice strives to offer tailored healthcare in a
comfortable and efficient setting, including the convenience of
telehealth options.
Texas Health Foundation sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-10143) on April 3,
2025. In its petition, the Debtor reported total assets of $649,918
and total liabilities of $3,245,968.
The Debtor is represented by Robert C. Lane, Esq. at The Lane Law
Firm, PLLC.
THERMOPRO INC: Hires Thompson O'Brien Kappler & Nasuti as Counsel
-----------------------------------------------------------------
ThermoPro Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Georgia to hire Thompson, O'Brien, Kappler
& Nasuti, P.C. as counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties as a
debtor-in-possession in the continued management and operation of
its business;
(b) take all necessary action to protect and preserve the estate
of the Debtor, including the prosecution of actions on the Debtor's
behalf, the defense of any actions commenced against the Debtor,
the negotiation of disputes in which the Debtor is involved, and
the preparation of objections to claims filed against the Debtor's
estate;
(c) prepare on behalf of the Debtor all applications, motions,
answers, orders, reports, memoranda of law and other papers in
connection with the Subchapter V case;
(d) negotiate and prepare on behalf of the Debtor a plan of
reorganization and all related documents;
(e) negotiate and prepare documents relating to the disposition
of assets, as requested by the Debtor;
(f) advise the Debtor, where appropriate, with respect to
federal and state regulatory matters;
(g) advise the Debtor on finance, and finance-related matters
and transactions, and matters relating to the sale of the Debtor's
assets, if needed;
(h) assist in examination of the claims of creditors;
(i) perform those legal services and other actions incidental
and necessary to the day-to-day operations of Debtor's business,
including, but not limited to, institution and prosecution of
necessary legal proceedings, and general business legal advice and
assistance; and
(j) perform such other legal services incident to the proper
preservation and administration of Debtor's estate and business as
may be necessary and appropriate.
The firm will be paid at these rates:
Partners $465 to $500 per hour
Associates $250 to $350 per hour
Of Counsel $460 per hour
Paralegals $175 to $195 per hour
Law Clerks $175 per hour
Legal Assistants $150 per hour
The firm received a pre-petition retainer of $25,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael Pugh, Esq., a partner at Thompson, O'Brien, Kappler &
Nasuti, P.C., disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Michael B. Pugh, Esq.
THOMPSON, O'BRIEN, KAPPLER & NASUTI, P.C.
2 Sun Court, Suite 400
Peachtree Corners, GA 30092
Tel: (770) 925-0111
Email: mpugh@tokn.com
About ThermoPro Inc.
ThermoPro Inc., d/b/a Prize Wheels R Fun, Games People Play, and
The Golf Target, is a plastics thermoforming manufacturer based in
the metro Atlanta, Georgia area, specializing in heavy gauge vacuum
forming, pressure forming, drape forming, plastic fabrication, and
secondary assembly. ThermoPro serves a wide range of industries,
including office products, medical devices, recreational vehicles,
kiosks, and more. Additionally, the Company offers design and
development services to help clients create high-quality,
engineered plastic parts.
ThermoPro Inc. sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-53612) on
April 1, 2025. In its petition, the Debtor reports total assets of
$2,127,245 and total liabilities of $1,634,653.
Honorable Bankruptcy Judge Barbara Ellis-Monro handles the case.
The Debtor is represented by Michael Pugh, Esq. at THOMPSON,
O'BRIEN, KAPPLER & NASUTI, P.C.
TRS HOLDINGS: Case Summary & Unsecured Creditors
------------------------------------------------
Lead Debtor: TRS Holdings LLC
d/b/a Ellie Ray's RV Resort
3349 NW 110th Street
Branford, FL 32008
Business Description: TRS Holdings LLC, TRS Restaurant Holdings
LLC, and Santa Fe Marina LLC operate
recreational and hospitality services based
in Branford, Florida. TRS Holdings manages
Ellie Ray's RV Resort, while TRS Restaurant
Holdings oversees the resort's bar and
restaurant operations under the name Sturges
at Ellie Ray's. Santa Fe Marina LLC
provides boat storage and docking facilities
on the Santa Fe River.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
Northern District of Florida
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
TRS Holdings LLC 25-10096
TRS Restaurant Holdings, LLC 25-10097
Santa Fe Marina LLC 25-10098
Debtors' Counsel: Bradley R. Markey, Esq.
THAMES | MARKEY
50 North Laura Street
Suite 1600
Jacksonville, FL 32202
Tel: 904-358-4000
Fax: 904-358-4001
E-mail: brm@thamesmarkey.law
TRS Holdings LLC's
Estimated Assets: $1 million to $10 million
TRS Holdings LLC's
Estimated Liabilities: $1 million to $10 million
TRS Restaurant Holdings'
Estimated Assets: $100,000 to $500,000
TRS Restaurant Holdings'
Estimated Liabilities: $1 million to $10 million
Santa Fe Marina LLC's
Estimated Assets: $0 to $50,000
Santa Fe Marina LLC's
Estimated Liabilities: $1 million to $10 million
The petitions were signed by Thomas R. Sturgeon as manager.
Full-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6XJCTWA/TRS_Holdings_LLC__flnbke-25-10096__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/66ZQQAA/TRS_Restaurant_Holdings_LLC__flnbke-25-10097__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/7G2UBJY/Santa_Fe_Marina_LLC__flnbke-25-10098__0001.0.pdf?mcid=tGE4TAMA
TWENTY FOUR HOUR: Unsecureds Owed $2.4M to Recover 0% in Plan
-------------------------------------------------------------
Twenty Four Hour Dependable Medical Supplies, LLC submitted an
Amended Plan of Reorganization under Subchapter V dated March 24,
2025.
During the term of this Amended Plan, the Debtor shall submit the
disposable income (or value of such disposable income) necessary
for the performance of this Amended Plan to the creditors (the
"Creditors") and shall pay the Creditors the sums set forth
herein.
The term of this Amended Plan begins on the date of confirmation of
this Amended Plan and ends on the 60th month subsequent to the
Effective Date.
The value of the property to be distributed under the Amended Plan
during the term of the Amended Plan is not less than the Debtor's
projected disposable income for that same period. Unsecured
creditors holding allowed claims will receive distributions, which
the Debtor has valued at approximately $0.00 cents on the dollar.
The Amended Plan also provides for the payment of secured,
administrative, and priority claims in accordance with the
Bankruptcy Code.
If the reorganized Debtor substantially defaults on the Amended
Plan payments due to the IRS, then the outstanding balance is
immediately due and payable. Payment shall be for the entire amount
owed to the IRS under the Amended Plan. The IRS may collect these
unpaid tax liabilities through the administrative collection
provisions of the Internal Revenue Code.
The Debtor shall assume its Medicare Supplier Agreement as of the
effective date of the Amended Plan. Notwithstanding anything to the
contrary in the Amended Plan or in the order confirming the Amended
Plan, cure, for purposes of the assumption by the Debtor shall
consist of the agreement by the Debtor to continue participation in
the Medicare program in the ordinary course of business, and to be
governed by, and subject to, the terms and conditions of its
Medicare Supplier Agreement and the incorporated Medicare statutes,
regulations, policies and procedures, and to remain liable for any
debt to CMS as if the bankruptcy case had not occurred.
The Debtor and McKesson Corporation, on behalf of itself and
certain corporate affiliates, agree that McKesson's allowed claim
of $1,249,731.25 shall be bifurcated based on the full and final
valuation of McKesson's collateral of $200,00.00, which shall
constitute the amount of McKesson's allowed secured claim, with the
balance of $1,049,731.25 to be treated under this Plan as an
allowed unsecured claim. On account of McKesson's allowed secured
claim, the Debtor will pay McKesson weekly payments of $769.23 for
sixty months (259 weekly payments of $769.23 and one payment of
$769.43) directly debited from the Debtor's bank account, with the
first payment being within thirty days of the Effective Date of the
Amended Plan.
Class 6 consists of General Unsecured Claims. The allowed unsecured
claims total $2,419,438.47. This Class will receive a distribution
of 0% of their allowed claims. This Class is impaired.
Monthly income derived from the sales of company products will fund
the administrative, secured, and priority creditors. The Debtor's
income will support the Amended Plan, and no other funds are
available.
A full-text copy of the Amended Plan dated March 24, 2025 is
available at https://urlcurt.com/u?l=JvUL6M from PacerMonitor.com
at no charge.
Attorney for the Debtor:
Daniel A. Staeven, Esq.
Frost & Associates, LLC
839 Bestgate Rd. Ste. 400
Annapolis, MD 21401
Tel: (410) 497-5947
E-mail: daniel.staeven@frosttaxlaw.com
About Twenty Four Hour
Dependable Medical Supplies
Twenty Four Hour Dependable Medical Supplies offers home medical
equipment and supplies.
Twenty Four Hour Dependable Medical Supplies, LLC filed its
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bankr. D. Md. Case No. 24-13383) on April 23, 2024, listing
up to $50,000 in assets and $1 million to $10 million in
liabilities. The petition was signed by Cherylette Henderson as
managing member.
Daniel Staeven, Esq. at FROST LAW represents the Debtor as counsel.
UNITED HAULING: Case Summary & Five Unsecured Creditors
-------------------------------------------------------
Debtor: United Hauling, LLC
5443 E. Skinner Dr.
Cave Creek, AZ 85331
Business Description: United Hauling LLC, based in Cave Creek, AZ,
specializes in providing horse
transportation services. Founded in 2017,
the Company offers both local and long-
distance hauling options, utilizing
specialized trailers designed to ensure the
safety and comfort of horses during transit.
Chapter 11 Petition Date: April 25, 2025
Court: United States Bankruptcy Court
District of Arizona
Case No.: 25-03680
Judge: Hon. Daniel P. Collins
Debtor's Counsel: Krystal M. Ahart, Esq.
KAHN & AHART, PLLC
Bankruptcy Legal Center
301 E. Bethany Home Road, Suite C-195
Phoenix, AZ 85012-1266
Tel: 602-266-1717
E-mail: Krystal.Ahart@azbk.biz
Total Assets: $1,498,601
Total Liabilities: $1,010,614
The petition was signed by Leah Delozier Smith 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/5XAKMHY/UNITED_HAULING_LLC__azbke-25-03680__0001.0.pdf?mcid=tGE4TAMA
UNRIVALED BRANDS: Plan Exclusivity Period Extended to June 6
------------------------------------------------------------
Judge Sheri Bluebond of the U.S. Bankruptcy Court for the Central
District of California extended Unrivaled Brands, Inc., and
Halladay Holding, LLC's exclusive periods to file a plan of
reorganization and obtain acceptance thereof to June 4 and August
3, 2025, respectively.
As shared by Troubled Company Reporter, the Debtors explain that
they have already filed a joint plan and disclosure statement, but
those were filed prior to reaching a global settlement with
Peoples. Given the outstanding contested matters and adversary
proceedings, the Debtors are net yet prepared to formulate and
finalize an amended plan and disclosure statement incorporating the
global settlement until it has been fully documented and approved
by order of the Court pursuant to Rule 9019 of the Federal Rules of
Bankruptcy Procedure.
The Debtors claim that they have diligently sought to advance these
cases since the Petition Date. However, given the numerous
contested proceedings, including in successfully closing the Sale
and the successful global settlement with the Settlement Judge.
However, the Debtors need additional time to incorporate these
developments into an amended plan and disclosure statement. The
Debtors are operating in good faith and intend to work
collaboratively with as evidenced by the Debtors' success on the
global settlement.
The Debtors cite that despite the fact that the Debtors only filed
their bankruptcy cases less than four months ago, the Debtors have
already made substantial progress in taking the first steps toward
a liquidating plan. The Debtors have already closed the Sale of the
Property and reached a global settlement with Peoples.
The Debtors' Counsel:
John Patrick M. Fritz, Esq.
Robert M. Carrasco, Esq.
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2818 La Cienega Ave.
Los Angeles, CA 90034
Tel: (310) 229-1234
Email: jpf@lnbyg.com
About Unrivaled Brands
Business Description: Unrivaled owns 100% membership interests in
Halladay, and Halladay is Unrivaled's wholly owned subsidiary.
Halladay's primary asset is a commercial real property building.
Unrivaled Brands, Inc. in Downey, CA, sought relief under Chapter
11 of the Bankruptcy Code filed its voluntary petition for Chapter
11 protection (Bankr. C.D. Cal. Lead Case No. 24-19127) on Nov. 6,
2024, listing $10 million to $50 million in assets and $1 million
to $10 million in liabilities. Sabas Carrillo as chief executive
officer, signed the petition.
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P. serves as the
Debtor's legal counsel.
VASTAV INC: Seeks to Hire DeMarco·Mitchell PLLC as Counsel
-----------------------------------------------------------
Vastav Inc. seeks approval from the U.S. Bankruptcy Court for the
Northern District of Texas to employ DeMarco·Mitchell, PLLC as
counsel.
The firm will provide these services:
a. take all necessary action to protect and preserve the
Estate, including the prosecution of actions on its behalf, the
defense of any actions commenced against it, negotiations
concerning all litigation in which it is involved, and objecting to
claims;
b. prepare on behalf of the Debtor all necessary motions,
applications, answers, orders, reports, and papers in connection
with the administration of the estate;
c. formulate, negotiate, and propose a plan of
reorganization;
d. perform all other necessary legal services in connection
with these proceedings;
The firm will be paid at these rates:
Robert T. DeMarco, Attorney $400 per hour
Michael S. Mitchell, Attorney $300 per hour
Barbara Drake, Paralegal $125 per hour
The firm received from the Debtor a retainer in the amount of
$16,738.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert DeMarco, Esq., a partner at Demarco·Mitchell PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
Demarco Mitchell PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 578-1400
Fax: (972) 346-6791
Email robert@demarcomitchell.com
mike@demarcomitchell.com
About Vastav Inc
Vastav Inc filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. N.D. Texas Case No. 202-41211) on
April 2, 2025, listing $100,001 to $500,000 in assets and
$1,000,001 to $10 million in liabilities.
Judge Mark X Mullin presides over the case.
The Debtor is represented by Robert DeMarco, III, Esq., at DeMarco
Mitchell, PLLC.
VEREGY INTERMEDIATE: Moody's Affirms 'B3' CFR, Outlook Stable
-------------------------------------------------------------
Moody's Ratings affirmed Veregy Intermediate, Inc.'s corporate
family rating at B3 and probability of default rating at B3-PD.
Moody's also affirmed Veregy Consolidated, Inc.'s senior secured
credit facilities (consisting of a $42.5 million revolving credit
facility due November 2025 and a $239 million senior secured first
lien term loan due November 2027 at B3 the outlooks remains stable.
Phoenix, AZ headquartered Veregy provides energy efficiency design
and implementation services for customers largely in the municipals
space.
"Although for the most recent reported quarter, the company
generated approximately 25% revenue growth, which exceeded their
internal budget, while generating free cash flow of $31 million as
a result of earlier converted backlog orders and new orders,
Moody's concerns about slowing new order demand and the company's
narrow operating scope and small revenue size led to the B3 CFR and
senior secured rating affirmations," said Michael Aroian, Moody's
Ratings Vice President – Senior Analyst.
RATINGS RATIONALE
Veregy's B3 CFR is supported by decreased financial leverage, as
measured by debt/EBITDA, which has improved from 5.0x for the year
ended December 31, 2023 to about 4.0x for the twelve months ended
September 30, 2024 and Moody's anticipations for generally stable
to improving operating performance over the next 12 to 18 months.
Moody's considers Veregy's liquidity profile as good, with strong
free cash flow generation as measured by FCF/debt of 12.8% for the
twelve months ended September 30, 2024 and a cash balance of $66
million as of September 30, 2024, providing additional rating
support.
All financial metrics cited reflect Moody's standard adjustments.
Veregy's B3 CFR is constrained by EBITA to interest coverage which,
while improved, is still below 2.25x, a history of aggressive
financial policies including debt funded acquisitions and
shareholder returns, as well as it's small scale on a revenue,
profitability and cash flow basis, which leaves the credit profile
more sensitive to small changes in demand and subsequent operating
performance. Moody's are concerned about a potential slow-down in
their revenue pipeline as a result of potential budget cuts by some
of their key customers in the municipalities, universities, K-12
schools and hospitals segment who may delay or defer projects if
there is reduced federal funding for energy efficiency programs.
The company also anticipates higher expenses in 2025 for increased
sales spend and supporting investments for future growth in other
markets, potentially lowering near term profits and further
pressuring the credit profile.
Moody's assesses Veregy's liquidity profile to be good. Moody's
estimates the company had approximately $62 million of cash as of
December 31, 2024, which provides enough cushion for $2.5 million
of annual mandatory debt amortization payments on its term loans.
Moody's anticipates $20 million to $25 million a year in free cash
flow in each of 2025 and 2026. Moody's do not consider the $42.5
million revolving facility expiring November 2025 as a source of
liquidity since it is current. The company has stated that the
revolving credit facility may be used in the future for working
capital and general corporate purposes, including the financing of
acquisitions and other investments.
There are no financial maintenance covenants applicable to the term
loan, but the revolver is subject to a springing total leverage
ratio covenant of 8.5x should total borrowings exceed 35% or $14.7
million. Veregy's term loan matures in November 2027.
The B3 senior secured revolver and term loan ratings are the same
at the B3 CFR as they represent the preponderance of debt in
Veregy's capital structure.
The stable outlook reflect Moody's expectations for EBITDA margins
of around 14%, revenue growth maintained in a mid-single digits
percentage range and debt/EBITDA stabilizing at about 4.0x over the
next 12 to 18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded over time if Veregy expands its
revenue scale over $500 million, sustains debt to EBITDA below
5.5x, free cash flow to total debt above 5%, sustained EBITA to
interest above 1.75x, extends its debt maturity profile and
maintains good liquidity.
The ratings could be downgraded if Moody's anticipates revenue or
EBITA margins to decline from current levels from increased
competition, rising costs, or other factors, negative free cash
flow to debt, debt to EBITDA sustained above 6.5x, aggressive
financial policies including debt funded acquisitions or
shareholder returns or a deterioration in liquidity.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Veregy is privately held by affiliates of Court Square Capital
Partners. Moody's estimates 2024 revenue was approximately $400
million.
VILLAGE ROADSHOW: Taps SOLIC Capital as Investment Banker
---------------------------------------------------------
Village Roadshow Entertainment Group USA Inc. and its affiliates
seek approval from the U.S. Bankruptcy Court for the District of
Delaware to employ SOLIC Capital Advisors, LLC and SOLIC Capital,
LLC as investment banker.
SOLIC will render these services:
(a) assessing a range of strategic alternatives that may be
available to the Company and providing advice to the Debtor's
senior management team and the Board and assist with the
development and expedited execution of a plan designed to preserve
and enhance enterprise value, including a sale of the Company
and/or its assets, along with any potential capital placement or
restructuring alternatives in order to maximize value for the
Debtor's stakeholders;
(b) reviewing the Debtor's existing sale process and current
negotiations with any potential buyers/investors;
(c) reviewing the Debtor's historical financial results,
financial projection models, capital requirements and impact of
Company initiatives and/or capital events resulting from the
pursuit of strategic alternatives;
(d) reviewing the Debtor's debt and equity transaction
documents and all current, pending and contingent creditor claims
and liabilities;
(e) reviewing the Debtor's film library, current business plan
and supporting financial forecast model;
(f) preparing, if necessary, an offering memorandum and/or
making any necessary modifications to any existing investor
materials;
(g) facilitating the transfer of communication and negotiation
of any existing investor/acquiror discussions and identifying,
contacting, and introducing any incremental potential investors in
and/or acquirers of the Company;
(h) negotiating with prospective financing (if necessary),
investor and/or buyer parties through consummation of a
transaction; and
(i) assisting the Company and its other advisors in the
negotiation of any restructuring transactions with its lenders,
securitization bondholders, creditors, joint-venture partners,
equity holders and/or other key stakeholders, including development
of any appropriate analysis and materials.
SOLIC will be paid at these rates:
1. SOLIC will receive $100,000 monthly, effective Feb. 3, 2025,
for investment banking services.
2. Upon the closing of a Sale Transaction SOLIC will be paid:
a. Upon the closing of a Sale Transaction of the Company's
existing Film Library assets SOLIC will be immediately paid via
wire transfer an amount equal to (x) $1,500,000 plus (y) 15 percent
of the Aggregate Gross Consideration ("AGC") in excess of the
stated value of the initial Stalking Horse Agreement as proposed
and filed in connection with the bid procedures motion submitted to
the Court.
b. Upon the closing of a Sale Transaction6 of the Company's
Derivative Rights and, or Studio Assets, SOLIC will be immediately
paid via wire transfer an amount equal to the greater of:
(i) $500,000 and
(ii) 5 percent of the Aggregate Gross Consideration
("AGC"). For the avoidance of doubt, if both the Derivatives and
Studio assets are sold, the aggregate minimum fee is $500,000 and
if only one asset is sold, the minimum fee is $500,000.
3. Upon the closing of a Capital Placement Transaction7 SOLIC
will earn and be immediately paid via wire transfer a capital
placement fee (the "Capital Placement Transaction Fee") in an
amount equal to 1 percent of the total face amount of all senior
secured debt raised by the Company; 3 percent of the total face
amount of all subordinated debt financing raised by the Company;
and 5 percent of the total face amount of all equity capital raised
by the Company from a financing or investor party.
4. Upon the closing of a Restructuring Transaction the Company
agrees that SOLIC will be paid via wire transfer a restructuring
transaction fee in the amount equal to (x) $1,500,000 plus (y) 15
percent of the AGC in excess of the value of any initial Plan
Sponsor Agreement as approved by the Court that is ultimately
improved (the "Restructuring Transaction Fee").
As disclosed in the court filings, SOLIC is a "disinterested
person" as defined under section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Reid Snellenbarger
SOLIC Capital
150 North Wacker Drive, Suite 2120
Chicago, IL 60606
Phone: (847) 583-1618
Email: info@soliccapital.com
About Village Roadshow Entertainment Group USA
Village Roadshow Entertainment Group USA Inc. and its affiliates
are a prominent independent producer and financier of major
Hollywood films, having produced over 100 successful movies since
1997. Their portfolio includes globally recognized blockbusters
such as "Joker," "The Great Gatsby," and the "Matrix" trilogy.
Before the WB Arbitration, which began in 2022, the Company had a
profitable and well-established co-production and co-financing
partnership with Warner Bros. Entertainment Inc. and its affiliates
("WB"), resulting in many successful projects. The Debtor's most
valuable assets include its Film Library and Derivative Rights,
stemming from its extensive and enduring film industry presence.
Village Roadshow Entertainment Group USA Inc. and its affiliates
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
D. Del. Lead Case No. 25-10475) on March 17, 2025. In the petitions
signed by Keith Maib, chief restructuring officer, the Debtors
disclosed up to $500 million in estimated assets and up to $1
billion in estimated liabilities.
Honorable Bankruptcy Judge Thomas M. Horan handles the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as local
counsel; Sheppard, Mullin, Richter & Hampton LLP as bankruptcy
counsel; Kirkland & Ellis LLP as special litigation counsel;
Accordion Partners, LLC as financial and restructuring advisor; and
Solic Capital Advisors, LLC as investment banker. Kurtzman Carson
Consultants, LLC, doing business as Verita Global, is the Debtors'
claims and noticing agent and administrative advisor.
VIRIDOS INC: April 28 Deadline for Panel Questionnaires
-------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of Viridos Inc.
(formerly known as Synthetic Genomics, Inc.)
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/s6yrnnhk and return by email it to
Timothy Fox, Esq. -- Timothy.Fox@usdoj.gov -- at the Office of the
United States Trustee so that it is received no
later than Tuesday, April 28, 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 Viridos Inc.
Viridos Inc. (formerly known as Synthetic Genomics, Inc.) develops
a scalable microalgae platform to produce low-carbon intensity
biofuels for heavy transportation sectors such as aviation and
commercial trucking. Backed initially by ExxonMobil and holding
over 100 patents, it remains pre-revenue but projects oil yields up
to 20 times those of existing crops and an associated 73-88 percent
reduction in carbon emissions.
Viridos Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10697) on April 14, 2025. In its
petition, the Debtor reported estimated assets between $10 million
and $50 million and estimated liabilities between $1 million and
$10 million.
The Honorable Bankruptcy Judge Craig T. Goldblatt handles the case.
The Debtor is represented by Womble Bond Dickerson (US) LLP. Rock
Creek Advisors, LLC is the Debtor's financial consultant. Stretto
is the Debtor's claims and noticing agent.
WALS TRANSPORT: Timothy Stone Named Subchapter V Trustee
--------------------------------------------------------
The Acting U.S. Trustee for Region 8 appointed Timothy Stone of
Newpoint Advisors Corporation as Subchapter V trustee for Wals
Transport, LLC.
Mr. Stone will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Stone declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Timothy Stone
Newpoint Advisors Corporation
750 Old Hickory Blvd, Building Two, Suite 150
Brentwood, TN 37027
Phone: 800-306-1250/615-440-8273
Fax: (702) 543-3881
Email: tstone@newpointadvisors.us
About Wals Transport
Wals Transport, LLC filed Chapter 11 bankruptcy petition (Bankr.
M.D. Tenn. Case No. 25-01256) on March 25, 2025, listing between
$100,001 and $500,000 in assets and between $500,001 and $1 million
in liabilities.
Judge Randal S. Mashburn oversees the case.
Keith D. Slocum, Esq., at Slocum Law is the Debtor's bankruptcy
counsel.
WASPY'S - TEMPLETON: Seeks Chapter 11 Bankruptcy in Iowa
--------------------------------------------------------
On April 23, 2025, Waspy's - Templeton LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Iowa. According to court filing, the Debtor reports up to
$50,000 in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About Waspy's - Templeton LLC
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.
Waspy's - Templeton LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-00679) on April 23,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities up to
$50,000.
The Debtor is represented by Jeffrey D. Goetz, Esq. at DICKINSON,
BRADSHAW, FOWLER & HAGEN, PC.
WATER'S EDGE: Taps Pullman & Comley as Tax Abatement Counsel
------------------------------------------------------------
Water's Edge Limited Partnership seeks approval from the U.S.
Bankruptcy Court for the District of Massachusetts to employ
Pullman & Comley, LLC as special real estate tax abatement
counsel.
The Debtor owns and operates the real property known as the Water's
Edge Apartments, which is comprised of three apartment buildings
located at 364 Ocean Avenue, 370 Ocean Avenue, and 388 Ocean Avenue
with a total of approximately 316 units situated on a 4.95-acre
site in Revere, Massachusetts.
The firm will serve as lead counsel in the prosecution of all
matters relating to the real estate taxes assessed against the
properties by Revere, including with respect to the Appellate Tax
Matters.
The firm received a retainer in the amount of $15,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Laura Bellotti Cardillo, Esq., a partner at Pullman & Comley, LLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Laura Bellotti Cardillo, Esq.
Pullman & Comley, LLC
1500 Main Street
Tower Square, Suite 924
Springfield, MA 01115
Tel: (413) 314-6166
Email: lcardillo@pullcom.com
About Water's Edge Limited Partnership
Water's Edge Limited Partnership is primarily engaged in renting
and leasing real estate properties.
Water's Edge Limited Partnership sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 24-12445) on
December 5, 2024. In the petition filed by Evelyn M. Carabetta,
authorized representative, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Christopher J. Panos handles the case.
The Debtor tapped David Frye, Esq., at Russo, Frye & Associates,
LLP as counsel; Verdolino & Lowey, PC as financial advisor; and
Bradford Carlson at Gray, Gray & Gray, LLP as accountant.
WATERIQ TECHNOLOGIES: Case Summary & 20 Top Unsecured Creditors
---------------------------------------------------------------
Debtor: WaterIQ Technologies, LLC
11 Worth Circle
Johnson City TN 37601
Business Description: WaterIQ Technologies specializes in
innovative, sustainable water treatment
solutions, focusing on utilizing
advanced ultrasonic technology to control
algae and biofilm growth across various
applications, such as drinking water,
wastewater treatment, agriculture, lakes and
ponds, golf courses, and wineries. Founded
with a commitment to chemical-free
solutions, the Company offers products
designed to reduce maintenance and
operational costs, while improving water
quality through eco-friendly methods.
Chapter 11 Petition Date: April 24, 2025
Court: United States Bankruptcy Court
District of Wyoming
Case No.: 25-20159
Judge: Hon. Cathleen D Parker
Debtor's Counsel: Brian M. Rothschild, Esq.
PARSONS BEHLE & LATIMER
20 E. Simpson Ave.
Jackson WY 83001
Tel: 307-733-5130
E-mail: brothschild@parsonsbehle.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Robert Slingerland as CRO.
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/QPYEA7Q/WaterIQ_Technologies_LLC__wybke-25-20159__0001.0.pdf?mcid=tGE4TAMA
WAYPOINT ROOFING: Hires Faro & Crowder as Bankruptcy Counsel
------------------------------------------------------------
Waypoint Roofing & Construction Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to hire Faro &
Crowder, PA as counsel.
The counsel will provide all services required in prosecuting this
Chapter 11 Subchapter V case, including without limitation filing
of motions, negotiating with creditors, and developing and
soliciting approval for a plan of reorganization.
The firm will be paid at these rates:
Attorney $500 per hour
Paralegal $150 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael Faro, Esq., a partner at Faro & Crowder, PA, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Michael Faro, Esq.
Faro & Crowder, PA
700 N. Wickham Rd, Suite 205
Melbourne, FL 32935
Phone: (321) 784-8158
Email: mfaro@farolaw.com
About Waypoint Roofing & Construction
Waypoint Roofing & Construction Inc. filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-00874) on February 14, 2025.
Judge Tiffany P. Geyer presides over the case.
Michael Faro, Esq., at Faro & Crowder, PA represents the Debtor as
legal counsel.
WEC US HOLDINGS: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
----------------------------------------------------------------
Fitch Ratings has affirmed WEC US Holdings Inc.'s Long-Term Issuer
Default Rating (IDR) at 'B+'. The Rating Outlook is Stable. Fitch
has also affirmed WEC US Holdings Inc.'s asset-based lending (ABL)
facility at 'BB+' with a Recovery Rating of 'RR1' and senior
secured revolving credit facility and term loan at 'BB-'/'RR3'.
Fitch has additionally assigned the ultimate parent company, Watt
New Aggregator L.P. (collectively referred to as WEC; dba
Westinghouse Electric Company), a 'B+' Long-Term IDR.
WEC's rating reflects its market leadership in nuclear power,
business stability, improved industry outlook, and strong
profitability. WEC's operating profile is comparable to
low-investment grade peers, balanced against weaker leverage and
coverage metrics. Fitch expects WEC will manage its EBITDA leverage
around 4.5x while executing on its growth strategy, which includes
capital investment in organic growth opportunities and bolt-on
acquisitions.
Fitch has affirmed and withdrawn the intermediary holding
company's, Watt New Sub-Aggregator LP', Long-Term IDR rating Fitch
following the reorganization of the rated entity.
Key Rating Drivers
Leading Market Position and Technology: WEC has a leading
technology position in the commercial nuclear reactor space, with
approximately half of the world's nuclear reactors running on its
technology. These reactors were either built by WEC or other
companies that licensed its technology. In the U.S. and Europe, the
company has a top one or top two market position in nuclear plant
services, benefiting from intellectual property, technical
expertise, intense regulations, high switching costs and an
extended fuel licensing process.
WEC continues to gain market share in Eastern Europe as countries
look to expand their nuclear generation footprint, while also
reducing their dependency on Russia. Nearly every utility operating
a Water-Water Energetic Reactor (VVER) outside of Russia has now
signed an agreement with WEC for fuel.
High Recurring Revenue Base: Fitch expects WEC's operating plant
services and nuclear fuel businesses to grow in the low-single
digits in the medium term, helping to improve business stability.
WEC benefits from a large installed base with about 85% of its
revenues coming from its recurring, nondiscretionary nuclear fuel
and operating plant services (OPS) businesses.
Customer contracts are typically multi-year, with nuclear fuel
contracts typically ranging from 10 years-15 years and outage
services ranging from three to five years. The industry's high
barriers of entry, regulatory requirements and long and costly
switching process, coupled with the company's OEM status and
technology content, also help keep customer retention high (95%+).
Positive Nuclear Outlook: The outlook for nuclear power has
improved in recent years as power demand is expected to grow and
after the Russian invasion of Ukraine. Policy is increasingly
supportive of nuclear energy as it is seen as an energy alternative
for countries seeking to meet growing energy needs and balance
security of supply while transitioning away from fossil fuels. In a
report published by the International Energy Agency (IEA), it also
noted improved prospects for nuclear power in leading markets, with
lifetime extensions of existing nuclear reactors in Japan, Korea,
and the U.S., and significant capacity growth expected in China and
the rest of Asia.
EBITDA Leverage to Moderate: Fitch forecasts EBITDA leverage to
trend towards 4.5x, from 4.9x in 2024, as the company deleverages
through EBITDA expansion. Under the ownership of Brookfield
Renewable Partners (BEP; BBB+/Stable) and Cameco, Fitch expects the
company to maintain a more disciplined financial policy and keep
distributions at moderate levels. According to management, the
company will focus on sustainable long-term growth while
prioritizing organic growth opportunities and managing to a
conservative leverage profile. Fitch expects WEC to approach M&A in
a balanced manner, targeting smaller bolt-on acquisitions with
shareholder distributions, if any, funded by residual cash flow.
Strong Financial Flexibility: WEC's flexibility is supported by
Fitch's expectations of solid liquidity and pre-dividend FCF
generation. Fitch expects EBITDA interest coverage to be around 3x
in 2025 and over the forecast period. WEC's coverage is stronger
than the 'B' rating category midpoint for diversified industrial
firms.
Parent Subsidiary Linkage (PSL): Fitch rates WEC on a standalone
basis. Consistent with Fitch's approach with Brookfield affiliates,
Fitch views Brookfield as financial investors and does not apply
PSL linkage.
Peer Analysis
WEC's ratings reflect its leading market position servicing the
nuclear reactor market, strong technological capabilities,
recurring demand-focused offering and prospects of improving
profitability. These factors are weighed against its concentration
in the nuclear energy market, execution risks associated with its
growth strategies. Fitch expects WEC's EBITDA margins to be around
18% through the forecast period. EBITDA interest coverage is strong
for the category while leverage is consistent.
Key Assumptions
- Sales growth in the low-single digit organic growth through the
forecast with some variability largely due to fuel and outage
cycles;
- EBITDA margins improving to about 18% as the company benefits
reported segment losses from the energy systems segment moderate in
the latter part of the forecast period;
- Elevated Capital intensity of around 7.5% in 2025 and 2026
moderating to about 6% over the forecast horizon;
- Net leverage falls to around 4.0x over the forecast period,
consistent with WEC's financial policies;
- Excess cashflow is distributed to shareholders;
- Effective interest rate of 6.0%-6.5% range.
Recovery Analysis
The recovery analysis for a hypothetical future bankruptcy assumes
that WEC would be considered a going concern (GC) in bankruptcy,
and that the company would be reorganized rather than liquidated.
Fitch has assumed a 10% administrative claim.
The GC EBITDA estimate of $480 million reflects Fitch's view of a
sustainable post-reorganization EBITDA level, upon which the agency
bases the valuation of the company. The GC EBITDA reflects a
conservative scenario where there is a long-term decline in the
nuclear industry without incremental newbuilds, and the potential
for significant liabilities arising from nuclear or environment
incidents. The estimate also reflects Fitch's assumption that WEC
can mitigate adverse conditions with additional cost reductions.
An enterprise value multiple of 6x is used to calculate a
post-reorganization valuation and reflects several factors. The
recent bankruptcy exit multiple for WEC, based on the $3.8 billion
purchase price by Brookfield (including transaction costs) was 9x
and 7x based on fiscal 2017 and 2018 EBITDA, respectively. In
addition, the 2018 acquisition of WEC's key competitor, Framatome,
was completed at approximately 8x EBITDA and BHI was completed at
9x EBITDA, before synergies.
The ABL facility is assumed to be fully drawn upon default while
the revolving credit facility is assumed to be 80% drawn upon
default.
The waterfall results in a 'RR1' recovery rating for the ABL
facility of $200 million, representing outstanding recovery
prospects. The waterfall also indicates a 'RR3' for the first-lien
RCF of $300 million and term loan of $3.5 billion, corresponding to
good recovery prospects.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Decline in backlog and contract renewals that erode earnings and
cash flow stability;
- An aggressive financial policy leads to EBITDA leverage
maintained above 5.0x or EBITDA interest coverage sustained below
2.5x;
- Higher than expected investments or losses from the energy
systems business.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- WEC adheres to a disciplined financial policy supporting EBITDA
leverage maintained below 4.0x;
- New contracts wins and renewals lead to a growing backlog that
support EBITDA expansion.
Liquidity and Debt Structure
Fitch considers WEC's liquidity to be sufficient given the
company's cash, revolver availability and pre-dividend FCF
generation. As of Dec 31, 2024, WEC had liquidity of $678 million
including $178 million of cash and equivalents and $500 million of
availability on its revolving credit facility including its ABL.
Issuer Profile
Westinghouse Electric Company provides a variety of engineering
services, nuclear fuel and various components for nuclear power
plants globally. It was acquired out of bankruptcy by Brookfield
Asset Management in 2018 and is now owned by BEP and Cameco.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Watt New Aggregator LP LT IDR B+ New Rating
WEC US Holdings Inc. LT IDR B+ Affirmed B+
senior secured LT BB+ Affirmed RR1 BB+
senior secured LT BB- Affirmed RR3 BB-
Watt New Sub-
Aggregator L.P. LT IDR B+ Affirmed B+
LT IDR WD Withdrawn
WEST PROPERTIES: Voluntary Chapter 11 Case Summary
--------------------------------------------------
Debtor: West Properties, LLC
861 Old Hwy 4 W
Holly Springs, MS 38635
Business Description: West Properties, LLC is a real estate
company based in Holly Springs, Mississippi.
Chapter 11 Petition Date: April 24, 2025
Court: United States Bankruptcy Court
Northern District of Mississippi
Case No.: 25-11305
Judge: Hon. Jason D Woodard
Debtor's Counsel: J. Walter Newman, IV, Esq.
NEWMAN & NEWMAN
601 Renaissance Way, Suite A
Ridgeland, MS 39157
Tel: (601) 948-0586
E-mail: stacyplovorn@icloud.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Kathy W. Clanton as president.
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/5IKOBTI/West_Properties_LLC__msnbke-25-11305__0001.0.pdf?mcid=tGE4TAMA
WHITEHORSE 401: Hires Tarter Krinsky & Drogin as Legal Counsel
--------------------------------------------------------------
Whitehorse 401 LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to employ Tarter Krinsky &
Drogin LLP as counsel.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties in
the continued operation of its business and management of its
property;
(b) negotiate with creditors of the Debtor in working out a
plan of reorganization, and to take necessary legal steps in order
to confirm said plan of reorganization;
(c) prepare legal papers;
(d) appear before the bankruptcy judge and represent the
Debtor in all matters pending in the Chapter 11 proceeding; and
(e) perform all other legal services for the Debtor.
The firm will be paid at these rates:
Partners $755 to $855 per hour
Counsel $560 to $795 per hour
Associates $415 to $525 per hour
Paralegals $300 to $380 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received an initial retainer of $25,000.
Scott Markowitz, Esq., a partner at Tarter Krinsky & Drogin,
disclosed in a court filing that the firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Scott S. Markowitz, Esq.
Tarter Krinsky & Drogin LLP
1350 Broadway, 11th Floor
New York, NY 10018
Tel: (212) 216-8000
Email: smarkowitz@tarterkrinsky.com
About Whitehorse 401 LLC
Whitehorse 401 holds the fee simple ownership of the property
situated at 401 White Horse Road, Voorhees, NJ 08043, which is
valued at an estimated $5.1 million.
Whitehorse 401 LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
25-40925) on February 25, 2025 listing $5,101,722 in assets and
$15,371,903 in liabilities. The petition was signed by David
Goldwasser as VP of Restructuring.
Judge Elizabeth S Stong presides over the case.
Scott Markowitz, Esq. at Tarter Krinsky & Drogin LLP represents the
Debtor as counsel.
YIHE FORBES: Seeks to Hire Richard T. Baum, Esq. as Counsel
-----------------------------------------------------------
Yihe Forbes, LLC seeks approval from the U.S. Bankruptcy Court for
the Central District of California to employ Richard T. Baum, Esq.
as counsel.
The firm's services include:
(a) advising the Debtor with regard to the requirements of the
Bankruptcy Court, Bankruptcy Code, Federal Rules of Bankruptcy
Procedure and the Office of the United States Trustee as they
pertain to the Debtor;
(b) advising the Debtor with regard to certain rights and
remedies of its bankruptcy estate and the rights, claims and
interests of creditors;
( c) assisting the Debtor in the negotiation, formulation, and
preparation of documents necessary for the successful sale of the
units, adjustment of any claims, and, if successful, dismissal of
the case;
(d) representing the Debtor in any proceeding or hearing in the
Bankruptcy Court involving its estate unless the Debtor is
represented in such proceeding or hearing by other special
counsel;
(e) conducting examinations of witnesses, claimants or adverse
parties and representing the Debtor in any adversary proceeding
except to the extent that any such adversary proceeding is in an
area outside of Counsel's expertise, is beyond Counsel's staffing
abilities or is one in which the Debtor is represented by other
special counsel;
(f) preparing and assisting the Debtor in the preparation of
reports, applications, pleadings and orders including, but not
limited to, applications to employ professionals, interim
statements and operating reports, initial filing requirements,
schedules and statement of financial affairs, and pleadings with
respect to the Debtor's use, sale or lease of property outside the
ordinary course of business; and
(g) performing any other services which may be appropriate in
connection with Counsel's representation of the Debtor during this
bankruptcy case. The Debtor estimates that from the Petition Date
she will have nominal gross income and only the accrual of unpaid
real property taxes, mortgage payments and counsel fees as
expenses.
The firm will be paid at the rate of $500 per hour.
The firm received from the Debtor a retainer of $30,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Baum disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Richard T. Baum, Esq.
6627 Maryland Drive
Los Angeles, CA 90048
Tel: (310) 277-2040
Fax: (310) 286-9525
About Yihe Forbes, LLC
Yihe Forbes LLC owns four properties in Chelsea, MA, with a
combined current value of $22.98 million.
Yihe Forbes LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-12772) on April 3,
2025. In its petition, the Debtor reports total assets of
$22,978,50 and total liabilities of $13,540,869.
Honorable Bankruptcy Judge Neil W. Bason handles the case.
The Debtor is represented by Richard Baum, Esq.
ZAYO ISSUER: Fitch Gives 'BB-(EXP)sf' Rating on Class C Notes
-------------------------------------------------------------
Fitch Ratings has issued a presale report for Zayo Issuer, LLC,
Secured Fiber Network Revenue Notes, Series 2025-2. Fitch expects
to rate the transaction as follows:
- $400.0 million(a) 2025-2 class A-1-V 'A-sf'; Outlook Stable;
- $701.9 million 2025-2 class A-2 'A-sf'; Outlook Stable;
- $177.7 million 2025-2 class B 'BBB-sf'; Outlook Stable;
- $248.8 million 2025-2 class C 'BB-sf'; Outlook Stable.
The following class is not expected to be rated by Fitch:
- $81.8 million(c) series 2025-2, class R.
Entity/Debt Rating
----------- ------
Zayo Issuer, LLC,
Secured Fiber
Network Revenue
Notes, Series 2025-2
A-1-V LT A-(EXP)sf Expected Rating
A-2 LT A-(EXP)sf Expected Rating
B LT BBB-(EXP)sf Expected Rating
C LT BB-(EXP)sf Expected Rating
R LT NR(EXP)sf Expected Rating
(a) This note is a variable funding note (VFN) and has a maximum
commitment of $400 million contingent on class A note leverage
consistent with a 6.5x leverage ratio. This class will reflect a
zero balance at issuance. Based on the expected closing date class
A note leverage ratio of 5.3x, the VFN shall be fully drawable at
issuance.
The total sum of the initial principal balance of the series 2025-2
class A-2 notes and the series 2025-2 VFN commitment will equal no
more than $1,101,900,000, so any increase in the initial class A-2
principal balance will result in an equal reduction of the series
2025-2 VFN commitment.
(b) The class A-2, B and C notes include prefunding amounts of
$71.3 million, $11.5 million and $16.0 million, respectively. Draws
upon these accounts shall be subject to the sponsor transferring to
its fiber network assets and associated contracts located in the
State of Nebraska (1.0% of monthly recurring revenue [MRR]) to the
asset entities once necessary regulatory approvals have been
obtained.
(c) Horizontal credit risk retention interest representing 5% of
the 2025-2 notes.
Transaction Summary
Zayo Issuer, LLC, Secured Fiber Network Revenue Notes, Series
2025-2 is a securitization of contract payments derived from an
existing enterprise fiber network. Collateral assets include
conduits, cables, network-level equipment, access rights, customer
contracts and transaction accounts. Debt is secured by net cash
flow (NCF) from operations and benefits from a perfected security
interest in the securitized assets.
The collateral network consists of the sponsor's enterprise fiber
network of approximately 62,000 fiber route miles (FRM) that serves
4,992 on-net buildings across 21 states and Washington D.C. in the
northeast and midwest regions of the U.S. The network supports
29,174 contracts that provide lit and dark fiber data transport, at
74.4% of monthly recurring revenue (MRR) as of February 2025, as
well as lit network connectivity (25.6%).
The series 2025-2 notes issuance will be backed by the sponsor's
fiber network and associated contracts located in 21 states and
Washington, D.C. in the northeast and midwest regions of the U.S.
Collateral-level attributes in these regions broadly reflect the
series 2025-1 issuance. The total pool's concentration in the
wireless, wireline carrier sector grew by 4.4% of MRR, while
finance sector concentration fell by 4.6%. Metro dark fiber service
exposure fell by 6.8% with small increases in long-haul dark fiber,
ethernet and private line services. The weighted average (WA)
contract remaining term for the asset pool increased to 3.1 years,
from 2.6 years at prior issuance.
The expected ratings reflect Fitch's structured finance analysis of
cash flow from the ownership interest in the underlying fiber optic
network, rather than an assessment of the corporate default risk of
the parent, Zayo Group, LLC.
KEY RATING DRIVERS
Net Cash Flow and Leverage: The pool's Fitch NCF is $264.6 million
in the base case, implying a 15.7% haircut to issuer NCF, which
assumes a fully drawn variable funding note (VFN). The debt
multiple relative to Fitch's NCF on the rated classes is 10.8x,
compared with debt/issuer NCF leverage of 9.1x.
Inclusive of a full draw on the VFN and prefunding accounts, Fitch
NCF on the pool is $274.0 million, implying a 15.5% haircut to
issuer NCF. The debt multiple relative to Fitch's NCF on the rated
classes is 10.8x, compared with the debt/issuer NCF leverage of
9.1x.
Based on the Fitch NCF and assumed annual revenue growth of 2.0%,
and following the transaction's anticipated repayment date (ARD),
the notes would be repaid 17.4 years from closing.
Credit Risk Factors: The major factors affecting Fitch's
determination of cash flow and maximum potential leverage (MPL)
include the high quality of the underlying collateral network, low
historical churn, the creditworthiness of contract counterparties,
market position, market diversity, capability of the operator and
the transaction structure.
Technology-Dependent Credit: Due to the specialized nature of the
collateral and potential for changes in technology to affect
long-term demand for digital infrastructure, the senior classes of
this transaction do not achieve ratings above 'Asf'. The securities
have a rated final payment date 30 years after closing, and the
long-term tenor of the securities increases the risk that an
alternative technology, rendering obsolete the current transmission
of data through fiber optic cables, will be developed. Fiber optic
cable networks are currently the fastest and most reliable means to
transmit information, and data providers continue to invest in and
utilize this technology.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
Declining cash flow because of higher expenses, customer churn,
declining contract rates or the development of an alternative
technology for the transmission of data could lead to downgrades.
Fitch's base case NCF was 15.7% below the issuer's underwritten
cash flow. A further 10% decline in Fitch's NCF indicates the
following ratings based on Fitch's determination of MPL: class A-2
from 'A-sf' to 'BBB-sf'; class B from 'BBB-sf' to 'BBsf'; class C
from 'BB-sf' to 'B-sf'.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
Increasing cash flow from rate increases, additional customers, or
contract amendments could lead to upgrades.
A 10% increase in Fitch's NCF indicates the following ratings based
on Fitch's determination of MPL: class A-2 from 'A-sf' to 'Asf';
class B from 'BBB-sf' to 'BBBsf'; class C from 'BB-sf' to 'BBsf'.
Upgrades, however, are unlikely given the issuer's ability to issue
additional notes pari passu notes. In addition, the senior classes
are capped in the 'Asf' category.
USE OF THIRD PARTY DUE DILIGENCE PURSUANT TO SEC RULE 17G -10
Form ABS Due Diligence-15E was not provided to, or reviewed by,
Fitch in relation to this rating action.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
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