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T R O U B L E D C O M P A N Y R E P O R T E R
Thursday, May 8, 2025, Vol. 29, No. 127
Headlines
1291 BRITAIN DR: Seeks Chapter 11 Bankruptcy in Georgia
1309 RED RIVER: Case Summary & One Unsecured Creditor
23ANDME HOLDING: Expects Several Genetic Data Bids, Says Lawyer
2835 OCTAVIA: Hires Marcus & Millichap as Real Estate Broker
3120 THE BANK: Case Summary & Three Unsecured Creditors
AAA ABC ACQUISITION: Taps Levene Neale as Co-Bankruptcy Counsel
AADVANTAGE LOYALTY: Moody's Rates New First Lien Term Loan 'Ba1'
ACCELERATE DIAGNOSTICS: Adds Two Directors, Forms Special Committee
ACCELERATE DIAGNOSTICS: Two Execs Awarded Retention Bonuses
ACCOUNTING LAB: Taps Baker Donelson Bearman as Litigation Counsel
ADVENT TECHNOLOGIES: Resolves Nasdaq Listing Requirements
AFTERSHOCK COMICS: Court Extends Cash Collateral Access to May 30
AIR INDUSTRIES: Posts $1.4M Net Loss on $55.1M Sales for FY 2024
ALGOMA STEEL: S&P Downgrades ICR to 'CCC+' on U.S. Tariff Impact
ALGORHYTHM HOLDINGS: Net Loss Widens to $24.4 Million in 2024
AMERICAN WARRIOR: Seeks to Hire InSite Real Estate as Broker
ARENA GROUP: Posts $100.7M Net Loss in FY24, Up From $55.6M in FY23
AVALON SAI: Seeks to Hire Fuqua & Associates as Bankruptcy Counsel
AVALON SUGAR: Taps Fuqua & Associates as Bankruptcy Counsel
B-WOOD BASEBALL: Seeks to Hire Shimanek Law PLLC as Legal Counsel
BARCA HOLDINGS: Taps Iron Horse Commercial as Real Estate Broker
BAUSCH HEALTH: Board Adopts Shareholder Rights Plan
BEACON ROOFING: S&P Removes 'BB-' ICR on Watch Developing
BEECH INTERNATIONAL: Gets Extension to Access Cash Collateral
BRIDAN 770: Hires Joel M. Aresty P.A. as Bankruptcy Counsel
BRIGHT CARE: Seeks to Hire Levene Neale as Bankruptcy Counsel
CALIFORNIA PREMIER: Trustee Taps Fennemore LLP as General Counsel
CARDINAL OVERLOOK: Taps Kelley Kaplan & Eller as General Counsel
CHARLES MONEY: Seeks to Tap Espy Firm as Bankruptcy Counsel
CIRTRAN CORP: Swings to $2.6M Loss on $1.3M Sales for FY 2024
CITRUS360 LLC: Seeks to Hire Jignesh Jayaswal as Accountant
COMMUNITY HEALTH: To Sell 80% JV Stake to Ascension for $460M
COWAN FITNESS: Hires Frank B. Lyon as Bankruptcy Counsel
CPI BUYER: Moody's Assigns 'B3' CFR, Outlook Stable
CTN HOLDINGS: Hires Verita Global as Administrative Advisor
CTN HOLDINGS: Hires Whiteford Taylor & Preston as General Counsel
CTN HOLDINGS: Taps Hilco Corporate Finance as Investment Banker
CTN HOLDINGS: Taps Miles Staglik of CR3 Partners as CRO
CUSTOM HOLDINGS: Amends Insider Unsecured Claims Pay Details
CYTOSORBENTS CORP: Names Thomas Shannon as VP of Marketing for NA
DANIEL J. WALLACE: Taps Raines Feldman Littrell LLP as Counsel
DARRELL LASHON GLANTON: Loses Bid to Withdraw Reference
DAYTON DEVELOPMENT: Hires Robbins Kelly Patterson as Counsel
DB ASSETS: Case Summary & Two Unsecured Creditors
DOUBLE PLAY: Seeks Subchapter V Bankruptcy in Georgia
E. FLETCHER CONSTRUCTION: Taps John Goetz Law as Legal Counsel
E.F. MARKETING: Files Emergency Bid to Use Cash Collateral
ELK CREEK: Seeks to Hire Beiler-Campbell Realtors as Broker
ENNIS I-45 11: Hires Marcus & Millichap as Real Estate Broker
EVANS CONSTRUCTION: Taps Honey Law Firm as Bankruptcy Counsel
EVCON RENTALS: Seeks to Hire Honey Law Firm as Bankruptcy Counsel
EYENOVIA INC: Names CBIZ as Auditor After Marcum Resignation
EYENOVIA INC: Posts $49.82M Loss in 2024, Warns of Bankruptcy Risk
F21 OPCO: Junior Creditors Jab at Senior Lenders' Treatment
FAMILY INTERNATIONAL: Case Summary & One Unsecured Creditor
FIBRE-TECH INC: Seeks to Hire Johnson Pope as Bankruptcy Counsel
FORGE INNOVATION: Reports $1.6 Million Net Loss for FY 2024
FORTNA GROUP: Moody's Cuts CFR to Caa2 & Alters Outlook to Stable
FREIRICH FOODS: Court Denies Bid to Use Cash Collateral
FUTURE FINTECH: Reports $33M Net Loss on $2.2M Revenue for FY 2024
GAVIN SPANIERMAN: Seeks to Hire Frances M. Caruso as Bookkeeper
GENEVER HOLDINGS: Trustee Taps Hadef & Partners as Local Counsel
GIL & RIVERA: Seeks Cash Collateral Access
H & M FINE ART: Seeks Chapter 11 Bankruptcy in California
HANDLOS FINISHING: Court OKs Deal to Use Cash Collateral
HIGHLAND GROUP: Creditors to Get Proceeds From Liquidation
HOOPERS DISTRIBUTING: Gets Extension to Access Cash Collateral
JACKSON HOSPITAL: Taps Ronald Dreskin of Eisner Advisory as CEO
JAGUAR HEALTH: Registers 1.29M Common Shares for Resale
JAGUAR HEALTH: Registers 56,755 Shares Under 2014 Incentive Plan
JDI CUMBERLAND: Case Summary & 12 Unsecured Creditors
JMG VENTURES: Unsecured Creditors to Split $390K over 60 Months
KIN DEE: Gets Interim OK to Use Cash Collateral Until May 27
KRT INC: Seeks to Hire Ritchie Brothers as Real Estate Broker
KTRV LLC: Seeks Approval to Hire Ritchie Bros. as Auctioneer
KULA GRAIN: Seeks to Hire Allen Vellone Wolf Helfrich as Counsel
KWENCH JUICE: Trustee Taps Verdolino & Lowey P.C. as Accountant
LABOR LAW: Hires Plunkett Cooney PC as Special Counsel
LABOR LAW: Taps Merrick Hofstedt & Lindsey as Local Counsel
LAURENT TOWER: Case Summary & Two Unsecured Creditors
LIL GENIES: Taps Rosen Tsionis & Pizzo as Bankruptcy Counsel
LINDO HOLDINGS: Hires Goldbach Law Group as Insolvency Counsel
MALIA REALTY: Unsecureds to Get $11,992 per Quarter over 5 Years
MAPRAGENCY INC: Court OKs Deal to Use Cash Collateral
MARKUS CORP: Court Extends Cash Collateral Access to May 31
MASS POWER: Court Extends Cash Collateral Access to June 18
MAXTIN INC: Seeks to Hire Spector & Cox PLLC as Legal Counsel
MCDAB FAMILY TRUST: Seeks Chapter 11 Bankruptcy in California
MI LIQUIDATION: Trustee Taps Womble Bond as Special Purpose Counsel
NESTWELL LLC: US Trustee Wins Bid to Dismiss Bankruptcy Case
NEW HORIZON: Hires Law Office of Alla Kachan PC as Counsel
NEW HORIZON: Seeks to Hire Estelle Miller as Accountant
NEWELL BRANDS: S&P Downgrades ICR to 'B+' on Consumer Demand
NIKOLA CORP: Taps Gordon Brothers Commercial as Agent
OFF-ROAD AUTOMOTIVE: Hires Kutner Brinen as Bankruptcy Counsel
OFFICE PROPERTIES: S&P Cuts ICR to 'SD' Following Debt Exchange
OMEGA THERAPEUTICS: Proofs of Claim Due May 28, 2025
OUTLAW STEAKBURGERS: Hires Lane Law Firm as Bankruptcy Counsel
PANTEGO DEVELOPMENT: Hires Spector & Cox PLLC as Legal Counsel
PINE TREE: Says 2nd Amended Plan Addresses Concerns
POWER STOP: S&P Alters Outlook to Negative, Affirms 'B-' ICR
PREMIER PEDIATRICS: Gets Interim OK to Use Cash Collateral
PUERTO RICO: Bondholders Blame Blackout on Oversight Board
PURE AVIATION: Seeks to Hire James K. Jopling as Legal Counsel
REGIONS PROPERTY: Gets Interim OK to Use Cash Collateral
RELENTLESS HOLDINGS: Hires Trustee Realty Inc as Realtor
RELENTLESS HOLDINGS: Taps Simpson Law Group as Bankruptcy Counsel
RELIABLE HEALTHCARE: Unsecureds Owed $5K+ to Get 10% in TPPL Plan
RITE AID: Files for Chapter 11 Bankruptcy Again
RITE AID: In Chapter 11 to Pursue Quick Sale of Pharmacy Assets
RITE AID: Seeks Approval of $1.94-Bil. DIP Financing from BofA
RITE AID: Seeks Ch. 11 Bankruptcy, Pursues Strategic Sale Process
RYAN HOHMAN: Seeks to Hire Diaz & Larsen as Bankruptcy Counsel
SANTOSELJACH LLC: Hires Brian K. McMahon PA as Bankruptcy Counsel
SHIELDS NURSING: Court Extends Cash Collateral Access to May 23
SHILLINGS' CANNERY: Hires McNamee Hosea as Bankruptcy Counsel
SK INDUSTRIES: Hearing on Bid to Use Cash Collateral Set for May 9
SORENTO ON YESLER: Seeks Extension of Cash Collateral Use
SPENCER & ASSOCIATES: Gets Final OK to Use Cash Collateral
STARKS LAW: Hires Kulbago Accounting Services as Accountant
STEWARD HEALTH: Sens. Wants Criminal Probe on Ex-CEO de la Torre
SUIRAD GROUP: Claims Will be Paid from Property Sale/Refinance
SUNOCO LP: Moody's Puts 'Ba1' CFR Under Review for Downgrade
SYNTHEGO CORP: Seeks Ch. 11 Bankruptcy, Plans to Sell to Lenders
SYNTHEGO CORPORATION: Case Summary & 30 Top Unsecured Creditors
SYNTHEGO CORPORATION: Files for Chapter 11 With Deal With Lender
TAYLOR MORRISON: S&P Alters Outlook to Positive, Affirms 'BB+' ICR
THINK SAFE: Hires Russo White & Keller as Bankruptcy Counsel
TJC SPARTECH: S&P Withdraws 'CCC-' Long-Term Issuer Credit Rating
TRINITY ENTERPRISES: Taps Gamberg & Abrams as Bankruptcy Counsel
TZADIK SIOUX: Files Emergency Bid to Use Cash Collateral
TZADIK SIOUX: Hires Edelboim Lieberman as Bankruptcy Counsel
UNITED HAULING: Gets OK to Hire Kahn & Ahart as Counsel
V850JACKSON LLC: Seeks Chapter 11 Bankruptcy in Illinois
VISION CARE: Court Extends Cash Collateral Access to July 12
VIVAKOR INC: Amends Cedarview Loan, Issues Over 2M Shares in April
VIVAKOR INC: Net Loss Widens to $22.2 Million in 2024
WA3 PROPERTIES: Taps Blueprint Healthcare as Real Estate Broker
WA3 PROPERTIES: Taps Rosen Tsionis & Pizzo as Bankruptcy Counsel
WATCHTOWER FIREARMS: Taps Pierson Ferdinand as Litigation Counsel
WATERIQ TECHNOLOGIES: Hires Ampleo Turnaround as Accountant
WATERIQ TECHNOLOGIES: Taps Parsons Behle & Latimer as Attorney
WATERIQ TECHNOLOGIES: Taps Stellar Bookkeeping as Controller
WESTERN URANIUM: Net Loss Widens to $10.1M in FY 2024
WHITEWATER MATTERHORN: S&P Assigns 'BB' ICR, Outlook Stable
WINDTREE THERAPEUTICS: Net Loss Narrows to $1.8 Million in FY 2024
WORLD OF MISTRY: Seeks to Hire Levene Neale as Legal Counsel
WYNN TEC: Gets Final OK to Use Cash Collateral
YELLOW CORP: Opposes MFN's Bid to Convert Chapter 11 to Chapter 7
[] Moody's Upgrades Ratings on 8 Bonds from 8 US RMBS Deals
[] Resolution Financial Made Bankruptcy Options for Failing Firms
[] U.S. Chapter 7 Bankruptcies in April Jump 16% from Prior Year
[^] Recent Small-Dollar & Individual Chapter 11 Filings
*********
1291 BRITAIN DR: Seeks Chapter 11 Bankruptcy in Georgia
-------------------------------------------------------
On May 5, 2025, 1291 Britain Dr PCPRE LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Northern District
of Georgia. 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 1291 Britain Dr PCPRE LLC
1291 Britain Dr PCPRE LLC, operates Britain Village Apartments, a
residential complex located at 1291 Britain Drive in Lawrenceville,
Georgia. The property offers two-and three-bedroom units with
standard amenities and is managed by Premier Living US.
1291 Britain Dr PCPRE LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-54940) on May 5,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Ashley Reynolds Ray, Esq. at
SCROGGINS, WILLIAMSON & RAY, P.C.
1309 RED RIVER: Case Summary & One Unsecured Creditor
-----------------------------------------------------
Debtor: 1309 Red River Development Company, LLC
c/o William Wendlandt
1908 N. Laurent St.
Victoria, TX 77901
Business Description: 1309 Red River Development is a real estate
leasing company based in Victoria, Texas,
specializing in owning and leasing
commercial properties, providing spaces for
retail and office use.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-10670
Judge: Hon. Shad Robinson
Debtor's Counsel: Ronald Smeberg, Esq.
THE SMEBERG LAW FIRM
4 Imperial Oaks
San Antonio TX 78248-1609
Tel: (210) 695-6684
E-mail: ron@smeberg.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
William Wendlandt, as the Debtor's manager, signed the petition.
The Debtor has identified FireTron, Inc., located at 10101 Stafford
Centre Dr Ste A, Stafford, TX 77477-5026, as its sole unsecured
creditor. FireTron holds a claim amounting to $1,842.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RYIFY3A/1309_Red_River_Development_Company__txwbke-25-10670__0001.0.pdf?mcid=tGE4TAMA
23ANDME HOLDING: Expects Several Genetic Data Bids, Says Lawyer
---------------------------------------------------------------
Steven Church of Bloomberg News reports that bankrupt genetic
testing company 23andMe anticipates receiving multiple bids for its
DNA database and other assets, according to its attorney.
At a court hearing on Tuesday, May 6, 2026, attorney Christopher
Hopkins told U.S. Bankruptcy Judge Brian C. Walsh that, despite not
securing a binding offer from a lead bidder, the company has
attracted strong interest. "We expect several competitive bids to
come in by tomorrow's deadline," Hopkins said, confirming that the
auction is set to proceed as planned.
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
2835 OCTAVIA: Hires Marcus & Millichap as Real Estate Broker
------------------------------------------------------------
2835 Octavia LLC seeks approval from the U.S. Bankruptcy Court for
the Northern1 District of California to employ Marcus & Millichap
Real Estate Investment Services as broker.
The broker will assist the Debtor in the sale of some or all the
interest in the real property of the estate commonly known as
2835-2837 Octavia Street San Francisco CA 94123 (APN: 0530-005).
The broker has agreed to a commission of 5 percent, with a 2.5
percent commission to be paid to the cooperating buyer's side
broker.
Marcus & Millichap Real Estate Services is a "disinterested person"
as defined in 11 U.S.C. Sec. 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached through:
Gino Franco
Marcus & Millichap Real Estate
Investment Services
750 Battery Street
Fifth Floor
San Francisco, CA 94111
Office: (415) 963-3000
Email: gino.franco@marcusmillichap.com
About 2835 Octavia LLC
2835 Octavia LLC is a single asset real estate debtor, as defined
in 11 U.S.C. Section 101(51B).
2835 Octavia LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-30213) on March 19,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Dennis Montali handles the case.
The Debtor is represented by Matthew D. Metzger, Esq. at BELVEDERE
LEGAL, PC.
3120 THE BANK: Case Summary & Three Unsecured Creditors
-------------------------------------------------------
Debtor: 3120 The Bank LLC
3120 Donald Lee Hollowell Pkwy
Atlanta, GA 30318
Business Description: 3120 The Bank LLC operates The Bank Event
Center, a multi-purpose venue located in
Atlanta, Georgia. The facility features a
repurposed interior with a hidden vault
theme and offers upscale dining, a bar, and
five event spaces accommodating up to 5,000
guests.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-55050
Debtor's Counsel: Greg Bailey, Esq.
ATTY. GREG T. BAILEY & ASSOC.
5682 Palazzo Way
Douglasville, GA 30134
Tel: 404-397-1975
Fax: 404-393-7528
E-mail: attygregtbailey@msn.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $1 milion to $10 million
William Platt Jr. signed the petition in his capacity as CEO.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FUUOXKI/3120_THE_BANK_LLC__ganbke-25-55050__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Three Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Cintas $105,000
PO Box 735633
Chicago, IL
60673-5633
2. Halperns' Steak & Seafood $57,223
PO Box 84943
Chicago, IL
60689-4943
3. US Foods $82,000
7950 Spence Road
Fairburn, GA 30213
AAA ABC ACQUISITION: Taps Levene Neale as Co-Bankruptcy Counsel
---------------------------------------------------------------
AAA ABC Acquisition, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Central District of California to
employ Levene, Neale, Bender, Yoo & Golubchik L.L.P. to act as
co-general bankruptcy counsel with their current counsel, Carolyn
A. Dye.
The firm's services include:
a. advising the Debtors with regard to certain rights and
remedies of their bankruptcy estates and the rights, claims, and
interests of creditors;
b. representing the Debtors in any proceeding or hearing in
the Bankruptcy Court involving their estates unless the Debtors are
represented in such proceeding or hearing by other counsel, such as
Ms. Dye;
c. conducting examinations of witnesses, claimants or adverse
parties and representing the Debtors 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;
d. preparing and assisting the Debtors 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 Debtors' use, sale or lease of property outside the
ordinary course of business;
e. assisting the Debtors in any asset sale process;
f. assisting the Debtors in 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
g. performing any other services which may be appropriate in
LNBYG's representation of the Debtors during their bankruptcy
cases.
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.
The firm received the sum of $10,000 which constituted a
pre-bankruptcy retainer.
David B. Golubchik, 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:
David B. Golubchik, Esq.
Levene, Neale, Bender, Yoo & Golubchik, LLP
2818 La Cienega Avenue
Los Angeles, CA 90034
Tel: (310) 229-1234
Fax: (310) 229-1244
Email: dbg@lnbyg.com
About AAA ABC Acquisition, LLC
AAA ABC Acquisition, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Calif. Case
No. 24-11384) on Feb. 25, 2024, listing $10 million to $50 million
in both assets and liabilities. The petition was signed by Adam
Bold, Board Member.
Judge Vincent P. Zurzolo presides over the case.
Carolyn A. Dye, Esq., at the Law Office of Carolyn A. Dye
represents the Debtor as bankruptcy counsel.
AADVANTAGE LOYALTY: Moody's Rates New First Lien Term Loan 'Ba1'
----------------------------------------------------------------
Moody's Ratings assigned a Ba1 rating to the planned backed senior
secured first lien term loan being borrowed by AAdvantage Loyalty
IP Ltd. (AAdvantage), a subsidiary of American Airlines Group Inc.
(Parent) with American Airlines, Inc. (American) as additional
co-borrower. The ratings of the Parent are unchanged, including its
B1 corporate family rating and B1-PD probability of default rating
and SGL-1 speculative grade liquidity rating. The ratings of
American are also unchanged, including its Ba2 senior secured notes
and senior secured bank credit facilities ratings and various
enhanced equipment trust certificates (EETC). The existing Ba1
backed senior secured term loan and backed senior secured notes
ratings for AAdvantage are also unchanged. The outlooks for all
three entities are unchanged at stable.
Proceeds from the planned $800 million senior secured term loan –
incremental borrowings against the company's loyalty program –
will be used to i) fund the reserve account, ii) make an additional
intercompany loan to American and iii) for general corporate
purposes, including repayment of near term maturities. AAdvantage's
loyalty financing currently includes a $2.275 billion senior
secured term loan due 2028, $1.166 billion of outstanding 5.5%
senior secured notes due 2026 and $3 billion of 5.75% senior
secured notes due 2029. The new term loan will be co-issued by
American and will be pari-passu will the existing loyalty financing
debt. The terms of the new term loan are expected to be similar to
the existing loyalty debt. Any changes to the terms contemplated in
the documents will not be effective until the company receives
required consent or the existing debt is repaid or refinanced.
These changes are expected to align AAdvantage's terms more closely
to other recent airline loyalty financings.
Moody's views the refinancing as modestly credit positive as it is
expected to push out the company's maturities during a time that
Moody's expects pressured earnings given weaker domestic demand
over the next few months. American, and the broader US airline
industry, has seen domestic leisure travel demand weaken given
uncertainty around the current macroeconomic environment. In the
first quarter of 2025, American reported that its total operating
revenue declined slightly with domestic main cabin declines
partially offset by growth in the premium cabin and good
international demand. First quarter domestic passenger revenue per
available seat mile (RASM) declined 0.7%, but was partially offset
by better international results - trans-Atlantic RASM increased
10.4% versus 2024 and trans-Pacific RASM increased 4.9%. Premium
cabin RASM increased 3% year-over-year. The company expects second
quarter revenue to be down 2% to up 1% as softness in the main
cabin continues. Any weakness in international demand, or further
contraction in domestic demand will pressure earnings heading into
the important summer months.
RATINGS RATIONALE
The Parent's B1 CFR reflects American's strong business profile,
supported by its expansive domestic and international networks,
improved airline operations and the company's very good liquidity.
The B1 CFR also reflects its high financial leverage – Moody's
calculates debt/EBITDA at 5.9x – and modest EBIT margin of about
5%, both for the 12 months ended March 31, 2025. Weaker domestic
demand and higher labor costs will limit the ability of American to
improve its margins materially this year. Partially offsetting the
higher labor costs are lower fuel prices, which Moody's expects to
remain around current levels over the next several quarters.
Liquidity remains very good. American held total liquidity of $10.8
billion at March 31, 2025, including $7.5 billion of cash and
short-term investments (together "cash") and $3.3 billion of
availability under the company's committed revolving credit
facilities (unrated). Moody's expects the revolvers to remain
undrawn. Depending on the pace of slowing demand, free cash flow
will be lower than Moody's previous expectations of between $1.5
billion and $2 billion in 2025. However the company is committed to
reducing its debt to below $35 billion by the end of 2027.
The Ba1 rating on the loyalty financing includes a one-notch
override of Moody's Loss Given Default for Speculative-Grade
Companies methodology (LGD Methodology). Moody's believes that the
probability of default of the loyalty program financing is lower
than other senior secured obligations, resulting in a lower
expected loss than that output by the LGD model.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The ratings could be upgraded if Moody's expects debt/EBITDA will
be sustained below 4.5x and funds from operations plus
interest-to-interest approaches 4x. The ratings could be downgraded
if Moody's expects cash plus revolver availability to fall below $8
billion, debt/EBITDA to be sustained above 6x or EBIT margin to be
sustained below 7%.
The principal methodology used in this rating was Passenger
Airlines published in August 2024.
American Airlines Group Inc. is the holding company for American
Airlines, Inc. and regional subsidiaries, Envoy, PSA and Piedmont.
Revenue was $54 billion for the 12 months ended March 31, 2025.
ACCELERATE DIAGNOSTICS: Adds Two Directors, Forms Special Committee
-------------------------------------------------------------------
Accelerate Diagnostics, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Board of
Directors unanimously elected Paul Shalhoub and Gilbert Nathan to
serve as new directors, effective immediately.
Messrs. Shalhoub and Nathan will serve as members of the Board
until their successors are elected and qualified or until their
earlier death, resignation, disqualification or removal. As
compensation for their services as directors, the Company has
agreed to pay each of Messrs. Shalhoub and Nathan a monthly cash
fee of $25,000. There is no arrangement or understanding between
Mr. Shalhoub and any other person pursuant to which he was selected
as a director. Mr. Nathan was proposed for election to the Board by
certain holders pursuant to their director nomination rights under
that certain note purchase agreement, dated August 8, 2024,
relating to the Company's 16.00% Super-Priority Senior Secured PIK
Notes due 2025. The Board reviewed Mr. Nathan's qualifications and
unanimously agreed to his appointment. There are no transactions
between the Company and either Messrs. Shalhoub or Nathan that
would require disclosure under Item 404(a) of Regulation S-K. The
Board has determined that Messrs. Shalhoub and Nathan are
independent directors under the applicable rules of the Nasdaq
Stock Market LLC.
Additionally, the Board unanimously approved the formation of a
special committee to oversee all key matters in connection with
strategic alternatives with the goal of maximizing value. The
members of the Special Committee are Wayne Burris, Paul Shalhoub
and Gilbert Nathan. In connection therewith, the Company is
actively engaging with its key stakeholders to explore all
available strategic alternatives. No assurances can be given
regarding the outcome or timing of the Special Committee's review
process. The Company does not intend to make any further public
comment regarding the review unless and until it has approved a
course of action for which further disclosure is appropriate.
About Accelerate
Headquartered in Tucson, AZ, Accelerate Diagnostics, Inc. --
axdx.com -- is an in-vitro diagnostics company dedicated to
providing solutions for the global challenges of antibiotic
resistance and sepsis. Accelerate Diagnostics' current portfolio
of FDA-cleared platforms include the Accelerate Pheno system and
Accelerate PhenoTest BC kit as well as the Accelerate Arc system
and BC kit. The Accelerate Pheno system and Accelerate PhenoTest BC
kit combine several technologies aimed at reducing the time
clinicians must wait to determine the most optimal antibiotic
therapy for deadly infections. This system fully automates sample
preparation, identification and phenotypic antibiotic
susceptibility testing in approximately seven hours directly from
positive blood cultures. Recent external studies indicate this
solution offers results 1-2 days faster than existing methods,
enabling clinicians the ability to optimize antibiotic selection
and dosage specific to the individual patient days earlier.
Further, the Accelerate Arc system and BC kit provide a novel,
automated positive blood culture sample preparation platform for
use with Bruker's MALDI Biotyper CA System (MBT-CA System) and
MBT-CA Sepsityper software extension. Designed for clinical
laboratories, the Accelerate Arc system has a simple workflow that
automates positive blood culture sample preparation for direct
downstream microbial identification using Bruker's MBT-CA System.
This innovation eliminates the need for overnight culture methods,
reducing the wait time for microbial identification results, which
is critical in the fight against sepsis.
In its reported dated March 20, 2025, WithumSmith+Brown, PC, the
Company's auditor since 2024, issued a "going concern"
qualification, citing that the Company has suffered recurring
losses and negative cash flows from operations that raise
substantial doubt about the Company's ability to continue as a
going concern.
Bankruptcy Warning
The Company warned in its Annual Report filed with the SEC that it
may seek bankruptcy protection, a move that could disrupt
operations, hurt efforts to retain key personnel, and lead to
significant stockholder losses.
"We have engaged financial and legal advisors to assist us in
analyzing various strategic alternatives to address our liquidity
and capital structure," the Company said. "However, there can be
no assurance that the strategic review will be successful, and a
Chapter 11 filing may be unavoidable."
ACCELERATE DIAGNOSTICS: Two Execs Awarded Retention Bonuses
-----------------------------------------------------------
Accelerate Diagnostics, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Board
unanimously approved and authorized the Company to enter into
retention bonus agreements with each of David Patience, the
Company's Chief Financial Officer, and Lawrence Mertz, the
Company's Chief Technology Officer.
Pursuant to the retention bonus agreements, Mr. Patience and Mr.
Mertz are entitled to receive a retention bonus payment of $159,650
and $171,458, respectively, which will be paid as soon as
practicable. Upon termination of employment for any reason (other
than termination by the Company without "Cause" (as defined in the
retention bonus agreements)) prior to 180 days after execution of
the agreement, the executive will be required to repay to the
Company the net after-tax amount of their respective retention
bonus payment.
About Accelerate
Headquartered in Tucson, AZ, Accelerate Diagnostics, Inc. --
axdx.com -- is an in-vitro diagnostics company dedicated to
providing solutions for the global challenges of antibiotic
resistance and sepsis. Accelerate Diagnostics' current portfolio
of FDA-cleared platforms include the Accelerate Pheno system and
Accelerate PhenoTest BC kit as well as the Accelerate Arc system
and BC kit. The Accelerate Pheno system and Accelerate PhenoTest BC
kit combine several technologies aimed at reducing the time
clinicians must wait to determine the most optimal antibiotic
therapy for deadly infections. This system fully automates sample
preparation, identification and phenotypic antibiotic
susceptibility testing in approximately seven hours directly from
positive blood cultures. Recent external studies indicate this
solution offers results 1-2 days faster than existing methods,
enabling clinicians the ability to optimize antibiotic selection
and dosage specific to the individual patient days earlier.
Further, the Accelerate Arc system and BC kit provide a novel,
automated positive blood culture sample preparation platform for
use with Bruker's MALDI Biotyper CA System (MBT-CA System) and
MBT-CA Sepsityper software extension. Designed for clinical
laboratories, the Accelerate Arc system has a simple workflow that
automates positive blood culture sample preparation for direct
downstream microbial identification using Bruker's MBT-CA System.
This innovation eliminates the need for overnight culture methods,
reducing the wait time for microbial identification results, which
is critical in the fight against sepsis.
In its reported dated March 20, 2025, WithumSmith+Brown, PC, the
Company's auditor since 2024, issued a "going concern"
qualification, citing that the Company has suffered recurring
losses and negative cash flows from operations that raise
substantial doubt about the Company's ability to continue as a
going concern.
Bankruptcy Warning
The Company warned in its Annual Report filed with the SEC that it
may seek bankruptcy protection, a move that could disrupt
operations, hurt efforts to retain key personnel, and lead to
significant stockholder losses.
"We have engaged financial and legal advisors to assist us in
analyzing various strategic alternatives to address our liquidity
and capital structure," the Company said. "However, there can be
no assurance that the strategic review will be successful, and a
Chapter 11 filing may be unavoidable."
ACCOUNTING LAB: Taps Baker Donelson Bearman as Litigation Counsel
-----------------------------------------------------------------
The Accounting Lab Group LLC seeks approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, as its special
litigation counsel.
The firm will represent the Debtor in connection with an adversary
complaint against Mark Skaggs for beach of his employment
agreement, and against his company Strategic Accounting and
Business Solutions, LLC for statutory trade secrets violations.
The standard rates for attorneys range from $400 to $1,250 an hour
and paralegals range from $250 to $385 an hour. Jason Bloom will be
the attorney handling this matter and his standard rate is $525 per
hour.
Jason B. Bloom, Esq., a partner at Baker, 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:
Jason B. Bloom, Esq.
Baker, Donelson, Bearman,
Caldwell & Berkowitz, PC
200 E. Broward Blvd., Suite 2000
Fort Lauderdale, FL 33301
Telephone: (954) 768-1631
Email: jbloom@bakerdonelson.com
About The Accounting Lab Group
The Accounting Lab Group LLC is a Florida-based firm specializing
in accounting, tax planning, and business management services. The
Company provides tailored solutions to help business owners
minimize taxes, optimize revenue, reduce overhead, and streamline
operations. The Company works closely with professionals such as
physicians, dentists, veterinarians, and small businesses to
enhance their financial performance and efficiency.
The Accounting Lab Group LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla.Case No.: 25-01659) on March
1, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Lori V. Vaughan handles the case.
The Debtor is represented by Daniel A. Velasquez, Esq. at Latham
Luna Eden & Beaudine LLP.
ADVENT TECHNOLOGIES: Resolves Nasdaq Listing Requirements
---------------------------------------------------------
As previously disclosed, on October 18, 2024, the NASDAQ Stock
Market notified Advent Technologies Holdings, Inc. that its
Quarterly Report on Form 10-Q for the period ended June 30, 2024,
reported stockholders' equity below the Nasdaq continued listing
requirement of at least $2.5 million. The Company thereafter
submitted its plan to Nasdaq to regain compliance with the
continued listing requirements and undertook remedial measures to
correct the deficiency in its stockholders' equity.
As of April 15, 2025, based on recent developments at the Company
including the resolution of certain claims and the current value of
its technology and licenses, the Company believes that it now
satisfies the Nasdaq continued listing requirements as its
stockholders' equity exceeds the $2.5 million minimum requirement.
This will be reflected on the Company's balance sheet in its
Quarterly Report on Form 10-Q for the period ending June 30, 2025.
Nasdaq will continue to monitor the Company's ongoing compliance
with the stockholders' equity requirement, and if at the time of
its next periodic report the Company does not evidence compliance,
it may be subject to delisting.
About Advent Technologies
Headquartered in Livermore, Calif., Advent Technologies Holdings,
Inc. is an advanced materials and technology development company
operating in the fuel cell and hydrogen technology space. Advent
develops, manufactures and assembles the critical components that
determine the performance of hydrogen fuel cells and other energy
systems. To date, Advent's principal operations have been to
develop and manufacture Membrane Electrode Assembly (MEA), and fuel
cell stacks and complete fuel cell systems for a range of customers
in the stationary power, portable power, automotive, aviation,
energy storage and sensor markets.
Athens, Greece-based Ernst & Young (Hellas) Certified Auditors
Accountants S.A., the Company's auditor since 2020, issued a "going
concern" qualification in its report dated Aug. 13, 2024, citing
that the Company has suffered recurring operating losses, has a
negative working capital position and has stated that substantial
doubt exists about the Company's ability to continue as a going
concern.
As of March 31, 2024, Advent Technologies Holdings had $32.15
million in total assets, $26.07 million in total liabilities, and
$6.08 million in total stockholders' equity.
AFTERSHOCK COMICS: Court Extends Cash Collateral Access to May 30
-----------------------------------------------------------------
AfterShock Comics, LLC and Rive Gauche Television received another
extension from the U.S. Bankruptcy Court for the Central District
of California, San Fernando Valley Division to use cash
collateral.
The order signed by Judge Martin Barash approved the companies'
agreement with the Access Road Capital, LLC and the official
committee of unsecured creditors, authorizing the use of cash
collateral for the period from March 31 to May 30 to pay the
expenses set forth in the companies' budget.
Access Road Capital is represented by:
Andrew D. Behlmann, Esq.
Lowenstein Sandler LLP
One Lowenstein Drive
One Lowenstein Drive
Roseland, NJ 07068
Tel: +1 973.597.2332/973.597.2500
Fax: +1 973.597.2333/973.597.2400
abehlmann@lowenstein.com
About AfterShock Comics
AfterShock Comics, LLC -- https://Aftershockcomics.com -- is an
American comic book publisher launched in 2015. The company is
based in Sherman Oaks, Calif. AfterShock Comics and affiliate Rive
Gauche Television filed petitions for relief under Chapter 11 of
the Bankruptcy Code (Bankr. C.D. Calif. Lead Case No. 22-11456) on
Dec. 19, 2022.
Judge Martin R. Barash oversees the cases.
At the time of filing, AfterShock Comics reported $10 million to
$50 million in both assets and liabilities while Rive Gauche
reported $50 million to $100 million in assets and $10 million to
$50 million in liabilities.
The Debtors are represented by David L. Neale, Esq., at Levene,
Neale, Bender, Yoo & Golubchik L.L.P.
The U.S. Trustee for Region 16 appointed two separate committees to
represent unsecured creditors in the Chapter 11 cases of AfterShock
Comics, LLC and Rive Gauche Television.
AIR INDUSTRIES: Posts $1.4M Net Loss on $55.1M Sales for FY 2024
----------------------------------------------------------------
Air Industries Group filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$1.4 million on $55.1 million of net sales for the year ended
December 31, 2024, compared to a net loss of $2.1 million on $51.5
million of net sales for the year ended December 31, 2023.
Saddle Brook, New Jersey-based Marcum LLP, the Company's auditor
since 2008, issued a "going concern" qualification in its report
dated April 15, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company's Current Credit Facility expires on December 30, 2025. In
addition, the Company is required to maintain a collection account
with its lender into which substantially all the Company's cash
receipts are remitted. If the Company's lender were to cease
lending and keep the funds remitted to the collection account, the
Company would lack the funds to continue its operations. The
Current Credit Facility expiration date and the rights granted to
the lender, combined with the reasonable possibility that the
Company might fail to meet covenants in the future, raise
substantial doubt about its ability to continue as a going
concern.
Going Concern and Management's Plan:
As of December 31, 2024, the Company met all the financial and
business covenants required under the terms of its Current Credit
Facility which included a minimum EBITDA on a twelve-month basis of
$2.8 million. In the past, the Company has not met its financial
and business covenants, most recently as of March 31, 2024, and
therefore historically classified the term loan as current at
December 31, 2023 in accordance with the guidance in Accounting
Standards Codification 470-10-45.
Management's plans are to increase net sales for fiscal 2025 as
compared to fiscal 2024. The Company believes that these plans are
supported by the Company's 18- month funded backlog which, as of
December 31, 2024, was $117.9 million. Further, it anticipates
increases in funded orders in 2025 pursuant to Long-Term Agreements
agreements from its existing customers as well as new customers.
The Company generally sources its raw material, principally metal
casting or forgings, from domestic sources. As such the company is
not exposed to increased prices on imports but would be subject to
increased prices if proposed tariffs cause the general level of
prices for its products to increase. One product for commercial
aviation is sourced from China. The Company's contract for this
product provides for a price adjustment if the cost of the raw
material increases by more than five percent (5%).
The Company's products are used primarily in the United States
military aviation and as such are more susceptible to changes in
the US defense budget than to changes in general economic
conditions. However, the Company does have exposure to the
commercial aviation, and demand for these products may be reduced
if general economic conditions deteriorate.
The Current Credit Facility expires on December 30, 2025. In
addition, the Company is required to maintain a collection account
with its lender into which substantially all cash receipts are
remitted. If it were to default under the Current Credit Facility,
the Company's lender could choose to increase the rate of interest
or refuse to make loans under the revolving portion of the Current
Credit Facility and keep the funds remitted to the collection
account. If the lender were to raise the rate of interest, it would
adversely impact the Company's operating results. If the lender
were to cease making new loans under the revolving facility, the
Company would lack the funds to continue operations. The Current
Credit Facility expiration date and the rights granted to the
lender, combined with the reasonable possibility that the Company
might fail to meet covenants in the future, raise substantial doubt
about its ability to continue as a going concern for the one year
commencing as of the date of filing the consolidated financial
statements.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/57jph7a3
About Air Industries Group
Headquartered in Bay Shore, New York, Air Industries Group (NYSE
American: AIRI) is a manufacturer of precision components and
assemblies for large aerospace and defense prime contractors. Its
products include landing gears, flight controls, engine mounts, and
components for aircraft jet engines, ground turbines, and other
complex machines.
As of Dec. 31, 2024, the Company had $51 million in total assets,
$36.1 million in total liabilities, and a total stockholders'
equity of $14.9 million.
ALGOMA STEEL: S&P Downgrades ICR to 'CCC+' on U.S. Tariff Impact
----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Canada-based
steel producer Algoma Steel Inc. to 'CCC+' from 'B-'. The outlook
is developing.
S&P said, "At the same time, we lowered our issue-level credit
rating on the company's second-lien secured notes due 2029 to 'B-'
from 'B'. The recovery rating is '2', reflecting our expectation
for substantial (70%-90%; rounded estimate: 75%) recovery in the
event of a payment default.
"The developing outlook reflects the potential for a higher or
lower rating over the next 12 months. We could lower our rating
during this period if we see an increased likelihood of a default
as cash flow deficits meaningfully erode the company's liquidity.
We could also raise our rating during this period if cash flow
prospects improve such that we no longer view Algoma's capital
structure as unsustainable. This scenario would likely involve
reduced tariffs on U.S. steel imports from Canada and production
ramp-up at its new electric arc furnace (EAF) facility.
"The downgrade reflects our view that Algoma's capital structure is
unsustainable under our assumption that the current 25% tariff on
U.S. steel imports will remain in effect. We forecast Algoma's
earnings and cash flows will significantly decline due to U.S.
tariffs on Canadian steel. Algoma derives about 60% of its revenue
from sales to customers in the U.S. and is an importer of record
for these customers. As a result, since March 12, 2025, the company
has been subject to a 25% tariff on all its steel shipments to the
U.S. and has largely been unable to offset these tariffs with
higher prices. For the first quarter 2025, the tariff cost borne by
Algoma were about C$11 million for about two weeks of shipments and
the company generated negative EBITDA. We estimate the tariff costs
would amount to C$65 million-C$70 million per quarter based on our
estimate of sales volumes over the next 12 months. As a result, we
estimate the company will continue to generate negative EBITDA,
leading to elevated leverage, cash flow deficits, and an
unsustainable capital structure."
The Canadian steel market is also grappling with excess supply of
sheet (about 85% of Algoma's shipment volumes) as foreign markets
that had been selling to the U.S. redirect some volumes to Canada,
thereby limiting the company's ability to realize better prices, at
least in the near term. Algoma does produce plate, which commands
better pricing, and comprises 15%-20% of its total volumes. Canada
is a net importer of plate and that could provide the company an
opportunity to gain market share. The company's recent plate mill
modernization has increased its total capacity to 600-650 thousand
tons, and S&P expects its plate volumes will gradually increase
through next year. However, the plate capacity will still be a
relatively small portion of the company's total shipments and would
not be able offset the financial impact of tariffs and challenging
sheet market conditions.
Algoma's current liquidity sources appear sufficient in the near
term but could be depleted by the end of 2026. As of March 31,
2025, the company had about C$227 million of cash and C$361 million
availability under its asset-based lending (ABL) facility. S&P
said, "We believe these liquidity sources provide the company
sufficient funds to complete and ramp-up its EAF project through
the end of this year. However, we expect negative EBITDA generation
under our base-case scenario that assumes tariffs remain in effect;
therefore, we believe the company's liquidity will meaningfully
deteriorate through 2026. In this scenario, we believe the company
would find it challenging to access new capital and meet its fixed
charge obligations, potentially increasing the risk of a default or
distressed debt restructuring."
S&P said, "In our view, Algoma's transition to EAF steelmaking will
increase capacity and potentially improve its cost profile over the
longer term. We assume the company will begin steelmaking from its
first EAF facility later this quarter, and we expect the company
will complete and commission a second facility before end of the
year. Algoma anticipates having an annual raw steel production
capacity of 3.7 million tons once EAF production is fully
ramped-up, and we expect it will transition away from its current
blast furnace operations by the end of 2026. This transition to EAF
production would represent a material strategic shift for the
company and provides it with an opportunity to increase its
capacity while reducing its fixed costs, lowering its sustaining
capital expenditure (capex), and cutting its carbon emissions.
Still, we estimate that the full potential benefits for Algoma's
cost profile and cash flows from this transition will take a couple
years to be fully realized."
The company has already spent about 90% of its estimated C$900
million-C$925 million of project capital costs (original estimate
was C$700 million). S&P said, "We understand that most of the
remaining spending is under fixed-price contracts, which reduces
the risk of significant cost escalations. As a result, we consider
the financial risks associated with potential cost overruns as
significantly reduced, but the company would remain exposed to
unanticipated ramp-up issues, or an inability to achieve
management's targeted per-unit cost."
The developing outlook reflects the potential for a higher or lower
rating over the next 12 months. S&P said, "Our base case assumption
is that the current 25% tariff on U.S. steel imports from Canada
will remain in place, potentially leading to further deterioration
in Algoma's credit profile. However, the developing outlook also
acknowledges that these tariffs could be lifted sooner than we
anticipate, which could change our view on the sustainability of
Algoma's capital structure and lead to an upgrade.
"We could lower our ratings on Algoma within the next 12 months if
we see an increased likelihood of a default as cash flow deficits
meaningfully erode the company's liquidity and limit its ability to
meet its fixed charge obligations.
"We could raise our rating on Algoma over the next 12 months if
cash flow prospects improve such that we no longer view Algoma's
capital structure as unsustainable. This scenario would likely
involve reduced tariffs on U.S. steel imports from Canada and
production ramp-up at its new EAF facility that supports positive
sustained free operating cash flow (FOCF) generation."
ALGORHYTHM HOLDINGS: Net Loss Widens to $24.4 Million in 2024
-------------------------------------------------------------
Algorhythm Holdings, Inc. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting net
loss of $24,367,000 on $23,494,000 of net sales for the year ended
December 31, 2024, compared to a net loss of $6,398,000 on
$29,198,000 of net sales for the nine months ended December 31,
2023.
The Company said, "We incurred net losses available to common
stockholders of $23,257,000 ended December 31, 2023, and had
accumulated deficits of $49,172,000 and $25,915,000 as of December
31, 2024 and 2023, respectively. In addition, net cash used by
operating activities was $8,556,000 for the year ended December 31,
2024. Based upon this and our internally generated cash flow
projections, our auditors concluded that there is substantial doubt
about our ability to continue as a going concern for the next 12
months. Our future profitability is dependent upon our ability to
successfully execute upon our business plan. We can provide no
assurance that we will be able to sustain or increase profitability
on a quarterly or annual basis. Accordingly, we may continue to
generate losses in the future and, in the extreme case, may need to
discontinue operations."
Philadelphia, Penn.-based Marcum LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
April 15, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has incurred significant losses and needs to raise additional funds
to meet its obligations and sustain its operations. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern.
The Company plans to finance operations by obtaining additional
capital through external sources of financing. It may attempt to
obtain additional capital through the sale of equity securities or
the issuance of debt securities. The Company has not made
arrangements to obtain additional capital and can provide no
assurance that additional financing will be available in an amount
or on terms acceptable to the Company, if at all.
In making this assessment, management performed a comprehensive
analysis of the Company's current circumstances including its
financial position, cash flow and outflow forecasts, and
obligations and debts. Although management has a recent history of
successful capital raises, the analysis used to determine the
Company's ability to continue as a going concern does not include
cash resources outside the Company's direct control that management
expects to be available within the next 12 months.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/2p6xd699
About Algorhythm Holdings
Algorhythm Holdings, Inc., fka The Singing Machine Company, Inc. --
http://www.singingmachine.com/-- is a holding company for an AI
enabled software logistics business operated through its SemiCab
Holding subsidiary and a home karaoke consumer products company
that designs and distributes karaoke products globally to retailers
and ecommerce partners through the Singing Machine subsidiary.
As of Dec. 31, 2024, the Company had $18,302,000 in total assets,
$28,823,000 in total liabilities, and a total stockholders' deficit
of $10,521,000.
AMERICAN WARRIOR: Seeks to Hire InSite Real Estate as Broker
------------------------------------------------------------
American Warrior Construction Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Kansas to hire InSite Real
Estate Group, LLC as real estate broker.
The broker will assist in the sale of Debtor's real properties
located in Sedgwick County, Kansas.
InSite Real Estate shall receive a commission of 6 percent of the
gross sale proceeds from the sale of the real estate.
Carl Herbert, real estate agent at InSite, disclosed in the court
filings that he and his firm are "disinterested persons" within the
meaning of 11 U.S.C. 101(14).
The firm can be reached through:
Carl Herbert, CCIM
InSite Real Estate Group, LLC
608 W Douglas Ave,
Wichita, KS 67203
Phone: (316) 221-8502
Email: cjhebert@insitere.com
About American Warrior Construction Inc.
American Warrior Construction, Inc. is a construction company based
in 118 E Laurel Garden City, KS 67846.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.Kan. Case No.: 24-11168) on November 14,
2024. In the petition signed by by Amro M. Samy as president, the
Debtor disclosed estimated assets of $0 to $50,000 and estimated
liabilities of $1 million to $10 million.
Judge Mitchell L. Herren presides over the case.
Nicholas R. Grillot, Esq., at HINKLE LAW FIRM LLC, represents the
Debtor as legal counsel.
ARENA GROUP: Posts $100.7M Net Loss in FY24, Up From $55.6M in FY23
-------------------------------------------------------------------
The Arena Group Holdings, Inc. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting net
loss of approximately $100.7 million compared to net loss of
approximately $55.6 million for the year ended December 31, 2023.
Accumulated deficit as of December 31, 2024, was approximately
$479.4 million compared to approximately $378.7 million as of
December 31, 2023
Arena said, "We may continue to incur losses in the future if we do
not achieve sufficient revenue or adequately reduce costs to
achieve and maintain profitability. There is no assurance that our
operations will generate sufficient cash flows to support our
continued operations in the future without needing to seek
additional capital funding or borrowings. We can provide no
assurance that if we need to seek such additional outside capital
that it will be available on favorable terms or at all. Any failure
to achieve and maintain profitability could have a materially
adverse effect on our ability to implement our business plan, our
results and operations, and our financial condition."
Chicago, Ill.-based KPMG LLP, the Company's auditor since 2024,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has
suffered recurring net losses from continuing operations and has a
working capital deficit that raise substantial doubt about its
ability to continue as a going concern.
For the year ended December 31, 2024, the Company incurred a net
loss from continuing operations of $7.7 million, and as of December
31, 2024, had cash on hand of $4.4 million and a working capital
deficit of $82 million. Management has evaluated the Company's net
loss from continuing operations and working capital deficit to
determine if the significance of those conditions or events would
limit its ability to meet its obligations when due, including under
the Loan Documents and Simplify Loan. In its evaluation, management
determined that substantial doubt exists about the Company's
ability to continue as a going concern for a one-year period
following the financial statement issuance date due to the net loss
from continued operations and working capital deficit.
The Company's financial results have improved in recent periods due
to headcount and consulting spend reductions. In addition, the
Company is planning to continue improving monthly financial
performance through the reduction of costs and monthly cash
requirements, maintain compliance with the terms of all outstanding
debt agreements, and take actions to resolve current and potential
future liabilities to alleviate the conditions that raise
substantial doubt about its ability to continue as a going concern,
such as resolving pending litigation. However, there can be no
assurance that the Company will be able to execute these plans. If
the Company is unable to execute these plans, it could lead to
selling assets and further reducing costs and cash requirements.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/mr4dxrd9
About The Arena Group
Headquartered in New York, The Arena Group Holdings, Inc. --
www.thearenagroup.net -- is a media company that leverages
technology to build deep content verticals powered by anchor brands
and a best-in-class digital media platform empowering publishers
who impact, inform, educate, and entertain. The Company's strategy
is to focus on key subject matter verticals where audiences are
passionate about a topic category (e.g., sports and finance),
leveraging the strength of its core brands to grow its audience and
increase monetization both within its core brands and for its media
publisher partners. The Company's focus is on leveraging its
Platform and brands in targeted verticals to maximize audience
reach, enhance engagement, and optimize monetization of digital
publishing assets for the benefit of its users, its advertiser
clients, and its greater than 40 owned and operated properties, as
well as properties it runs on behalf of independent Publisher
Partners. The Company owns and operates TheStreet, The Spun,
Parade, and Men's Journal, and powers more than 320 independent
Publisher Partners, including the many sports team sites that
comprise FanNation.
As of Dec. 31, 2024, the Company had $116.4 million in total
assets, $246.5 million in total liabilities, $168,000 in total
mezzanine equity and a total stockholders' deficit of $130.3
million.
AVALON SAI: Seeks to Hire Fuqua & Associates as Bankruptcy Counsel
------------------------------------------------------------------
Avalon Sai Hotels LLC seeks to hire the U.S. Bankruptcy Court for
the Southern District of Texas to hire Fuqua & Associates, P.C. as
counsel.
The firm will render these services:
(a) provide the Debtor legal advice with respect to his powers
and duties as a Debtor-in-possession in the continued operation of
his business, and management of his property;
(b) prepare all pleadings on behalf of the Debtor, as
Debtor-in-possession, which may be necessary;
(c) negotiate and submit a potential plan of arrangement
satisfactory to the Debtor, his estate, and the creditors at large;
and
(d) perform all other legal services for the Debtor as a
Debtor-in-possession which may become necessary to these
proceedings.
The firm charges the following billing rates:
Richard L. Fuqua, Attorney-in-Charge $750 an hour
Law Clerks & Legal Assistants $150 an hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Fuqua disclosed in a court filing that the firm is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Richard L. Fuqua, Esq.
Fuqua & Associates, PC
8558 Katy Freeway, Suite 119
Houston, TX 77024
Telephone: (713) 960-0277
Facsimile: (713) 960-1064
Email: fuqua@fuqualegal.com
About Avalon Sai Hotels LLC
Avalon Sai Hotels LLC is a real estate firm and the owner of the
Comfort Inn in Houston, Texas.
Avalon Sai Hotels LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-31798) on March 31,
2025. In its petition, the Debtor reports total assets of
$6,662,000 and total debts of $5,563,263.
The Debtor is represented by Richard L Fuqua, II, Esq. at FUQUA &
ASSOCIATES, P.C.
AVALON SUGAR: Taps Fuqua & Associates as Bankruptcy Counsel
-----------------------------------------------------------
Avalon Sugar Land Hospitality LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to hire Fuqua &
Associates, P.C. as counsel.
The firm's services include:
(a) advise the Debtor with respect to its powers and duties in
the continued operation of its business and management of its
property;
(b) prepare all pleadings on behalf of the Debtor which may be
necessary;
(c) negotiate and submit a potential plan of arrangement
satisfactory to the Debtor, its estate, and the creditors at large;
and
(d) perform all other legal services for the Debtor which may
become necessary to these proceedings.
The firm will be paid at these hourly rates:
Richard L. Fuqua, Attorney $750
Law Clerks & Legal Assistants $150
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Fuqua disclosed in a court filing that the firm is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Richard L. Fuqua, Esq.
Fuqua & Associates, PC
8558 Katy Freeway, Suite 119
Houston, TX 77024
Telephone: (713) 960-0277
Facsimile: (713) 960-1064
Email: fuqua@fuqualegal.com
About Avalon Sugar Land Hospitality LLC
Avalon Sugar Land Hospitality LLC is a single-asset real estate
debtor (as defined in 11 U.S.C. Section 101(51B)) that owns the
Hampton Inn in Sugar Land, Texas.
Avalon Sugar Land Hospitality LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-31802) on
March 31, 2025. In its petition, the Debtor reports total assets of
$19,375,000 and total debts of $13,851,944.
The Debtor is represented by Richard L Fuqua, II, Esq. at FUQUA &
ASSOCIATES, P.C.
B-WOOD BASEBALL: Seeks to Hire Shimanek Law PLLC as Legal Counsel
-----------------------------------------------------------------
B-Wood Baseball LLC seeks approval from the U.S. Bankruptcy Court
for the District of Montana to hire Shimanek Law PLLC as legal
counsel.
The firm's services include general counseling and local
representation before the Bankruptcy Court in connection with the
bankruptcy case.
The services rendered by attorney Matt Shimanek will be compensated
at the rate of $300 per hour. Other services rendered by Shimanek
Law deemed administrative in nature will be compensated at the rate
of $100 per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Matt Shimanek, Esq., a partner at Shimanek Law 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:
Matt Shimanek, Esq.
Shimanek Law PLLC
317 East Spruce St.
Missoula, MT 59802
Tel: (406) 544-8049
Email: matt@shimaneklaw.com
About B-Wood Baseball LLC
B-Wood Baseball LLC, dba D-BAT is a network of baseball and
softball training facilities, providing expert instruction,
state-of-the-art equipment, and specialized programs for athletes.
Founded in 1998 and franchising since 2008, D-BAT has grown to over
145 locations nationwide, offering private lessons, camps, clinics,
and memberships. Through comprehensive franchise training, D-BAT
ensures that new franchisees are equipped with the knowledge and
support to successfully operate their facilities, maintain brand
consistency, and deliver exceptional service to players at all
levels.
B-Wood Baseball LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mont. Case No. 25-10051) on March 31,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Matt Shimanek, Esq. at SHIMANEK LAW
PLLC.
BARCA HOLDINGS: Taps Iron Horse Commercial as Real Estate Broker
----------------------------------------------------------------
Barca Holdings Corporation seeks approval from the U.S. Bankruptcy
Court for the Western District of North Carolina to employ Iron
Horse Commercial Properties, LLC as broker.
The firm will market and sell the Debtor's residential rental
properties in York, Pennsylvania and Charlotte, North Carolina.
Iron Horse will receive a commission of 8 percent of the gross
sales price(s), reimbursement of reasonable out-of-pocket expenses,
and reimbursement of advertising expenses not to exceed $5,000.00,
all to be paid at closing.
William B. Lilly, Jr., disclosed that he and his firm are
"disinterested persons" as that term is defined in Section 101(14)
of the Bankruptcy Code.
The firms can be reached through:
William B. Lilly, Jr.
Iron Horse Auction Co. Inc.
Iron Horse Commercial Properties, LLC
174 Airport Rd.
Rockingham, NC 28379
Tel: (704) 985-9300
Fax: (910) 895-1530
Email: will@ironhorseauction.com
About Barca Holdings Corporation
Barca Holdings Corporation in Kannapolis, NC, sought relief under
Chapter 11 of the Bankruptcy Code filed its voluntary petition for
Chapter 11 protection (Bankr. W.D.N.C. Case No. 24-31048) on Nov.
29, 2024, listing $1,260,700 in assets and $2,046,626 in
liabilities. Brian L. White as president, signed the petition.
Judge Ashley Austin Edwards oversees the case.
MOON WRIGHT & HOUSTON, PLLC serve as the Debtor's legal counsel.
BAUSCH HEALTH: Board Adopts Shareholder Rights Plan
---------------------------------------------------
Bausch Health Companies Inc. announced that its board of directors
has approved the adoption of a shareholder rights plan pursuant to
a shareholder rights plan agreement entered into with TSX Trust
Company, as rights agent, dated April 14.
The SRP has been adopted to help ensure that all shareholders of
the Company are treated fairly and equally in connection with any
unsolicited take-over bid or other acquisition of control of the
Company (including by way of a "creeping" take-over bid) and that
the Board has the opportunity to identify, solicit, develop and
negotiate value-enhancing alternatives to any unsolicited take-over
bid or similar transaction. The SRP is not being adopted in
response to any specific proposal or intention to acquire control
of the Company, and the Board is not aware of any pending or
threatened take-over bid for the Company.
Pursuant to the SRP, one right will attach to each common share of
the Company outstanding as of the effective time under the SRP.
Subject to the terms of the SRP, in the event that rights become
exercisable under the SRP, holders of the rights (other than the
acquiring person and its related parties) will be permitted to
exercise their rights to purchase additional common shares of the
Company at a substantial discount to the then market price of the
Company's common shares. Taking up common shares pursuant to a
"Permitted Bid" would not trigger the SRP.
The SRP is subject to the acceptance of the Toronto Stock Exchange
and is subject to ratification by the shareholders of the Company
within six months of its Effective Date. The Company will be
seeking shareholder ratification of the Rights Plan on a
to-be-determined date. If the SRP is not approved by the
shareholders within six months of its adoption, the plan, together
with the outstanding rights, will terminate and cease to be
effective. The SRP is similar to shareholder rights plans adopted
by other Canadian public companies and ratified by their
shareholders.
A copy of the SRP with further information, attached to the
Company's report filed on Form 8-K with the Securities and Exchange
Commission is available at is available at:
https://tinyurl.com/5yhxpz6b
About Bausch Health Companies Inc.
Bausch Health Companies Inc. develops drugs for unmet medical needs
in central nervous system disorders, eye health, and
gastrointestinal diseases, as well as contact lenses, intraocular
lenses, ophthalmic surgical equipment, and aesthetic devices.
As of March 31, 2024, the Company had $26.91 billion in total
assets, $27.09 billion in total liabilities, and $174 million in
total deficit.
* * *
In April 2025, Fitch Ratings has upgraded Bausch Health Companies
Inc.'s (BHC) and Bausch Health Americas, Inc.'s (BHA)
(collectively, BHC) Issuer Default Ratings (IDRs) to 'CCC+' from
'CCC' following the refinancing which addressed upcoming
maturities. The ratings remain in the 'CCC' category to reflect
long-term refinancing risk, non-zero risk of a distressed debt
exchange for later maturities, and a weakening balance sheet when
XIFAXAN revenues decline and if BHC separates Bausch + Lomb
Corporation.
Fitch assigned a rating of 'B' with a Recovery Rating of 'RR2' to
the first lien debt issued by 1261229 B.C. Ltd, affirmed BHC's
existing first lien notes at 'B' and revised the Recovery Rating to
'RR2' from 'RR1', and upgraded the second lien (issued by BHC) and
unsecured notes (issued by BHC and BHA) to 'CCC-'/'RR6' and
'CC'/'RR6', respectively.
BEACON ROOFING: S&P Removes 'BB-' ICR on Watch Developing
---------------------------------------------------------
S&P Global Ratings removed its 'BB-' issuer credit rating and
issue-level ratings on Beacon Roofing Supply Inc. from CreditWatch
where S&P placed them on developing implications on March 21,
2025.
S&P said, "At the same time, we affirmed the 'BB-' issue-level
rating and revised the recovery rating on the term loan B and
senior secured note to '4' from '3'.
"Our stable outlook reflects our forecast for S&P Global
Ratings-adjusted leverage to be 4x-5x through most market
conditions, supported by robust cash flow resulting in materially
reduced leverage within 12 months."
Connecticut-based roofing distributor QXO Inc. completed its
acquisition of Beacon Roofing Supply Inc. by obtaining a $2.25
billion term loan B due 2032 and a $2.25 billion senior secured
note due 2032. It also discharged all of Beacon's existing debt.
Pro forma the transaction, we expect Beacon's 2025 S&P Global
Ratings-adjusted debt to EBITDA to be 5.3x.
S&P said, "We believe Beacon will maintain leverage within the
4x-5x range through most market conditions. Despite S&P Global
Rating's updated economic outlook indicating potentially material
weakening in key end markets, we continue to expect the company
will generate $10.0 billion-$10.5 billion in revenue for 2025-2026
and S&P Global Ratings-adjusted EBITDA of $1.0 billion-$1.3 billion
during the same period. Further, we expect the company will
generate $600 million-$830 million of operating cash flow (OCF)
during the same period. While the issuance of $4.5 billion in debt
to fund the acquisition is a leveraging event, we anticipate its
earnings will be sufficient to support material leverage reduction
in the short term, absent aggressive financial policy actions such
as acquisitions or shareholder returns. Including the company's
existing $1 billion convertible preferred stock, which we view as
having minimal equity, we expect S&P Global Ratings-adjusted
leverage of approximately 5.3x in 2025 followed by deleveraging to
about 4x in 2026.
"We view Beacon as having adequate liquidity sources to comfortably
cover its operational needs for the next 12-24 months even
including the signed transaction and closed issuance of new notes
to fund the transaction. On April 29, 2025, Beacon and QXO
completed their acquisition through the issuance of $4.5 billion of
debt, including a $2.25 billion term loan B and $2.25 billion in
senior secured notes, both due in 2032. In addition, Beacon signed
a new $2 billion asset-based loan (ABL) due 2032 (outstanding $400
million) replacing its previous ABL. While the ABL draw is higher
than originally forecasted by $250 million to support higher cash
on hand, the incremental draw has no impact on net debt adjusted
leverage. The company additionally used $5 billion of cash and $500
million of common stock issuance for a total of 1.3 billion to fund
the acquisition. We expect the company will generate $580
million-$750 million cash funds from operations (FFO) over the next
24 months, for which it could use $150 million-$200 million working
capital outflow and $200 million-$230 million capital expenditures
for regular operations, maintenance, and internal investments. No
additional acquisitions, dividends, or share repurchases are
expected through the remainder of the forecast period.
"The stable outlook on Beacon indicates our expectation of S&P
Global Ratings-adjusted leverage of just over 5x and OCF to debt in
the low end of the 15%-25% range in 2025 with leverage improving
comfortably in the 4x-5x range within 12 months. We expect the
company will maintain margin performance which, in turn, will
generate sufficient cash to reduce its debt balance."
S&P would lower its ratings on the company over the next 12-24
months if S&P Global Ratings-adjusted leverage approaches 5x. This
could occur if:
-- S&P Global Ratings-adjusted EBITDA is more than 20% below S&P's
base-case scenario due to significantly weaker market conditions
than anticipated; or
-- The company undertakes aggressive financial policy decisions,
such as pursuing debt-financed acquisitions, or
shareholder-friendly actions, such as dividends or share
repurchases, causing deteriorated credit ratios.
Although unlikely, S&P could raise its ratings on the company over
the next 12-24 months if:
-- The company outperforms our base-case scenario such that S&P
Global Ratings-adjusted leverage is comfortably under 4x while
maintaining OCF to debt comfortably above 10%-15% and we believe
these levels are sustainable through most market conditions and
financial policy decisions; or
-- S&P views its business more favorably to be in line with higher
rated peers.
BEECH INTERNATIONAL: Gets Extension to Access Cash Collateral
-------------------------------------------------------------
Beech International, LLC received interim approval from the U.S.
Bankruptcy Court for the Eastern District of Pennsylvania to use
cash collateral until May 15, marking the 10th extension since the
company's Chapter 11 filing.
The court's previous interim order issued on April 29 allowed the
company to access cash collateral until May 8 only.
The latest order signed by Judge Ashely Chan authorized the company
to use cash collateral (except those cash held by UMB Bank,
National Association in reserves) until May 15 or until the
occurrence of a termination event such as the entry of a subsequent
cash collateral order; the appointment of a Chapter 11 trustee or
examiner; the conversion of the company's Chapter 11 case to one
under Chapter 7; or the filing by the company of a motion to obtain
financing secured by liens senior to the liens in favor of UMB
Bank.
As protection, each creditor with an interest in the cash
collateral was granted replacement lien on all property of the
company acquired after its bankruptcy filing, excluding proceeds of
actions commenced under Chapter 5 of the Bankruptcy Code.
A final hearing is scheduled for May 14.
About Beech International
Beech International, LLC is a Single Asset Real Estate debtor (as
defined in 11 U.S.C. Section 101(51B)).
Beech International filed Chapter 11 petition (Bankr. E.D. Pa. Case
No. 24-14406) on December 10, 2024, listing between $10 million and
$50 million in both assets and liabilities. Ken Scott, chief
executive officer of Beech International, signed the petition.
Judge Ashely M. Chan handles the case.
Robert Lapowsky, Esq., at Stevens & Lee, P.C. is the Debtor's
legal
counsel.
UMB Bank, N.A., as secured creditor, is represented by:
Tobey M. Daluz, Esq.
Margaret A. Vesper, Esq.
Ballard Spahr, LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103
Tel: (215) 864-8148
Facsimile: (215) 864-8999
daluzt@ballardspahr.com
vesperm@ballardspahr.com
-- and --
William P. Wassweiler, Esq.
Ballard Spahr, LLP
2000 IDS Center
80 South 8th Street
Minneapolis, MN 55402-2119
Telephone: (612) 371-3289
Facsimile: (612) 371-3207
wassweilerw@ballardspahr.com
BRIDAN 770: Hires Joel M. Aresty P.A. as Bankruptcy Counsel
-----------------------------------------------------------
Bridan 770 LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to hire the law firm of Joel M.
Aresty, P.A. as counsel.
The firm will render these services:
(a) give advice to the debtor with respect to its powers and
duties as a debtor in possession and the continued management of
its business operations;
(b) advise the debtor with respect to its responsibilities in
complying with the U.S. trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interest of the debtor in all matters pending
before the court;
(e) represent the debtor in negotiation with its creditors in
the preparation of a plan.
The firm will be paid at the rate of $440 per hour, the amount of
$11,000 as retainer, plus $2,000 for costs.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Joel M. Aresty, Esq., a partner at Joel M. Aresty, 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:
Joel M. Aresty, Esq.
Joel M. Aresty, P.A.
309 1st Ave S.
Tierra Verde FL 33715
Telephone: (305) 899-9876
Facsimile: (305) 899-9889
E-mail: Aresty@Mac.com
About Bridan 770 LLC
Bridan 770 LLC is a Miami Beach-based limited liability company.
Bridan 770 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14314) on April 20,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Robert A. Mark handles the case.
The Debtor is represented by Joel M. Aresty, Esq. at Joel M.
Aresty, P.A.
BRIGHT CARE: Seeks to Hire Levene Neale as Bankruptcy Counsel
-------------------------------------------------------------
Bright Care Veterinary Hospital, Inc. and Bright Care Veterinary
Group, Inc. seek approval from the U.S. Bankruptcy Court for the
U.S. Bankruptcy Court for the Central District of California to
hire Levene, Neale, Bender, Yoo & Golubchik L.L.P. as general
bankruptcy counsel.
The firm's services include:
a. advising the Debtor with regard to 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 with regard to 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.
The firm received the sum of $60,000 which constituted a
pre-bankruptcy retainer.
David B. Golubchik, 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:
David B. Golubchik, Esq.
Levene, Neale, Bender, Yoo & Golubchik, LLP
2818 La Cienega Avenue
Los Angeles, CA 90034
Tel: (310) 229-1234
Fax: (310) 229-1244
Email: dbg@lnbyg.com
About Bright Care Veterinary Hospital Inc.
Bright Care Veterinary Hospital Inc., dba CASE is a veterinary
facility in Anaheim, CA, offering 24/7 emergency care and
specialized veterinary services. Its services include neurology
and neurosurgery, cardiology, internal medicine, oncology, surgery,
and advanced imaging. The hospital emphasizes compassionate and
comprehensive care, working collaboratively with primary care
veterinarians to improve the quality of life for pets. CASE
state-of-the-art facility ensures the latest technology and
equipment, focusing on pet safety and comfort.
Bright Care Veterinary Hospital Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10900) on
April 8, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Scott C. Clarkson handles the case.
The Debtor is represented by David B. Golubchik, Esq. at LEVENE,
NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
CALIFORNIA PREMIER: Trustee Taps Fennemore LLP as General Counsel
-----------------------------------------------------------------
Ronald E. Stadtmueller, Chapter 11 Trustee of California Premier
Office Solutions, Inc., seeks approval from the U.S. Bankruptcy
Court for the Southern District of California to hire Fennemore LLP
as his general bankruptcy counsel.
The firm will render these services:
a. represent the Trustee in connection with his duties as a
chapter 11 trustee;
b. analyze competing lien and ownership claims to assets of
the Debtor and discuss same with creditors’ counsel;
c. if necessary to pursue avoidance actions and or lien
stripping;
d. obtain a cash collateral stipulation with the SBA;
e. work with the Trustee and his accountant to prepare a
disclosure statement and plan of reorganization and assist in all
aspects of obtaining court approval of the plan of reorganization;
f. assist, if necessary, with the collection of accounts
receivable; and
g. advise, consult with, and otherwise represent the Trustee
in connection with such other matters as may be necessary for the
duration of this bankruptcy case.
The firm will be paid as follows:
Kathleen Cashman-Kramer, Director $560
Jonathan S. Dabbieri, Director $630
Christopher Hawkins, Director $640
James P. Hill, Director $720
Donald G. Rez, Director $640
Gary B. Rudolph, Director $640
Elizabeth E. Stephens, Of Counsel $490
Laurel Dinkins, Paralegal $340
Linda Gubba-Reiner, Paralegal $340
Law Clerk/Case, Assistant $210 to $305
Gary B. Rudolph, Esq., an attorney at Fennemore, 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 B. Rudolph, Esq.
FENNEMORE LLP
600 B Street, Ste. 1700
San Diego, CA 92101
Tel: (619) 233-4100
Fax: (619) 231-4372
Email: grudolph@fennemorelaw.com
About California Premier Office Solutions
California Premier Office Solutions, Inc., is a business
specializing in providing office solutions, which may include
services such as office supplies, equipment leasing, and workspace
management. The company aims to deliver comprehensive solutions to
meet the diverse needs of its clients, ranging from small
businesses to larger enterprises.
California Premier Office Solutions filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. S.D. Cal. Case No.
24-03230) with $1,503,578 in assets and $2,081,389 in liabilities.
John K. Green, president signed the petition.
Judge J. Barrett Marum. presides over the case.
Shana Y. Stark, Esq., represents the Debtor as bankruptcy counsel.
CARDINAL OVERLOOK: Taps Kelley Kaplan & Eller as General Counsel
----------------------------------------------------------------
Cardinal Overlook, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to hire Kelley Kaplan &
Eller, PLLC as general counsel.
Kelley Kaplan & Eller will provide these services:
(a) advise the Debtor with respect to its powers and duties;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare legal documents necessary in the administration of
the case;
(d) protect the interest of the Debtor in all matters pending
before the court;
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
The firm will be paid at these hourly rates:
Attorneys $525
Paralegals $155
In addition, the firm will seek reimbursement for expenses
incurred.
Prior to the petition date, the firm received a retainer of $22,500
from the Debtor.
Craig Kelley, Esq., an attorney at Kelley Kaplan & Eller, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Craig I. Kelley, Esq.
Kelley Kaplan & Eller, PLLC
1665 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
Telephone: (561) 491-1200
Facsimile: (561) 684-3773
Email: bankruptcy@kelleylawoffice.com
About Cardinal Overlook, LLC
Cardinal Overlook, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-14326) on April 21, 2025, listing up to $50,000 in assets and
$500,001 to $1 million in liabilities.
Judge Mindy A Mora presides over the case.
Craig I. Kelley, Esq. at KELLEY KAPLAN & ELLER, PLLC represents the
Debtor as counsel.
CHARLES MONEY: Seeks to Tap Espy Firm as Bankruptcy Counsel
-----------------------------------------------------------
Charles Money Logging Inc. seeks approval from the U.S. Bankruptcy
Court for the Middle District of Alabama to hire The Espy Firm as
its legal counsel.
The firm will render these legal services:
(a) advise the Debtor regarding its rights, powers and duties
in this bankruptcy case;
(b) defend the Debtor in any matters brought to lift the
automatic stay;
(c) prepare legal papers;
(d) assist in preparation of a Chapter 11 plan; and
(e) prepare such other documents and provide further legal
services for the Debtor, which may be necessary in this Chapter 11
case.
The hourly rates of the firm's counsel and staff are:
Attorneys $350
Paralegals $75
In addition, the firm will seek reimbursement for expenses
incurred.
J. Kaz Espy, Esq., and Collier Espy, Esq., attorneys at The Espy
Firm, 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:
J. Kaz Espy, Esq.
Collier H. Espy, Esq.
The Espy Firm
P.O. Drawer 6504
Dothan, AL 36302-6504
Telephone: (334) 793-6288
Facsimile: (334) 712-1617
Email: cindi@espyfirm.com
About Charles Money Logging Inc.
Charles Money Logging Inc. offers logging services, including
timber cutting, log harvesting, and wood chipping.
Charles Money Logging Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Ala. Case No. 25-10442) on April
25, 2025. In its petition, the Debtor reports estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
The Debtor is represented by J. Kaz Espy, Esq. at THE ESPY FIRM.
CIRTRAN CORP: Swings to $2.6M Loss on $1.3M Sales for FY 2024
-------------------------------------------------------------
CirTran Corporation filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$2,626,876 on $1,296,796 of net sales for the year ended December
31, 2024, compared to a net income of $20,288,360 on $1,616,148 of
net sales for the year ended December 31, 2023.
Spokane, Wash.-based Fruci & Associates II, PLLC, the Company's
auditor since 2020, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has a working capital deficiency, a net loss from
continuing operations, and an accumulated deficit. These factors,
among others, raise substantial doubt about the Company's ability
to continue as a going concern.
The Company had a working capital deficiency of $21,839,245, as of
December 31, 2024, and a net loss from continuing operations of
$2,547,354 for the year ended December 31, 2024. As of December 31,
2024, it had an accumulated deficit of $61,644,067.
CirTran said, "Our ability to continue as a going concern is
dependent upon our ability to successfully accomplish our business
plan and eventually attain profitable operations."
"In the coming year, our foreseeable cash requirements will relate
to the development of business operations and associated expenses.
We may experience a cash shortfall and be required to raise
additional capital."
"Historically, we have mainly relied upon shareholder loans and
advances to finance operations and growth. Management may raise
additional capital by retaining net earnings, if any, or through
future public or private offerings of our stock or loans from
private investors, although we cannot assure that we will be able
to obtain such financing. Our failure to do so could have a
material and adverse effect upon our shareholders and us," the
Company concluded.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/429ccad9
About CirTran Corp.
CirTran Corporation specializes in manufacturing, marketing,
distribution, and technology services in a wide variety of consumer
products, including tobacco products, medical devices, and
beverages, around the world. It has an innovative and
consumer-focused approach to brand portfolio management, resting on
a strong understanding of consumers domestically, and has
established a footprint in more than 50 key international markets.
As of Dec. 31, 2024, the Company had $1,532,332 in total assets,
$25,937,893 in total liabilities, and a total stockholders' deficit
of $24,405,561.
CITRUS360 LLC: Seeks to Hire Jignesh Jayaswal as Accountant
-----------------------------------------------------------
Citrus360 LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Texas to hire Jignesh Jayaswal as accountant.
The accountant's services include:
a. assistance in preparation of Debtor's tax returns;
b. assistance in preparation of financial statements,
projections, reports and budgets as may be necessary;
c. assistance with preparation of governmental reports (only
as needed);
d. assistance with preparation of Monthly Operating Reports
(only as needed); and
e. other customary accountant duties as necessary under
applicable Bankruptcy Code and rules.
Mr. Jayaswal will charge $150 per hour for his services.
Mr. Jayaswal assured the court that he is a "disinterested person"
within the meaning of 11 U.S.C. 101(14).
Mr. Jayaswal can be reached at:
Jignesh Jayaswal
811 N Central Expy, Ste. 205
Richardson, TX 75080
About Citrus360 LLC
Citrus360 LLC is a limited liability company.
Citrus360 LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-70056) on March 3, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the case.
The Debtor is represented by Kurt Stephen, Esq. at LAW OFFICES OF
KURT STEPHEN, PLLC.
COMMUNITY HEALTH: To Sell 80% JV Stake to Ascension for $460M
-------------------------------------------------------------
Community Health Systems, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that CHS/Community
Health Systems, Inc., a wholly-owned subsidiary of the Company, and
certain subsidiaries of CHS entered into a Purchase Agreement with
subsidiaries of Ascension Health, and joint venture Cedar Park
Health System, L.P.
Pursuant to the Purchase Agreement, and subject to the terms and
conditions set forth therein, Purchaser has agreed to acquire the
CHS Selling Entities collective 80% ownership interest in the Joint
Venture, which owns and operates Cedar Park Regional Medical Center
in Cedar Park, Texas, and related businesses. The total purchase
price payable by Purchaser to the CHS Selling Entities at the
closing of the Transaction is $460 million, subject to adjustment
based on closing net working capital, the amount of finance leases
assumed by the Purchaser, if any, and the closing balance of
amounts due to the Joint Venture from CHS. The Purchaser currently
holds a minority ownership interest in the Joint Venture and will
purchase the remaining interest through the Transaction.
The Purchase Agreement contains various representations, warranties
and covenants made by the parties. The Purchase Agreement also
provides for indemnification by the parties with respect to
breaches of representations, warranties and covenants by such
parties, as well as with respect to certain other indemnifiable
matters specified in the Purchase Agreement.
The closing of the Transaction is subject to the satisfaction or
waiver of certain closing conditions set forth in the Purchase
Agreement. Consummation of the Transaction is expected to occur
late in the second quarter or early in the third quarter of 2025,
subject to regulatory approvals and closing conditions.
The Purchase Agreement may be terminated by either party under
certain circumstances set forth in the Purchase Agreement,
including if the Transaction is not consummated on or before August
31, 2025.
Furthermore, the Purchase Agreement provides that, at closing, the
parties, and/or their respective affiliates, would enter into
certain ancillary agreements, including one or more transition
services agreements under which CHS and/or its affiliate(s) would
provide certain information technology and operational transition
services to Purchaser for a period of time following the closing.
A copy of the Purchase Agreement is available at:
https://tinyurl.com/4rrptwsw
About Community Health Systems Inc.
Community Health Systems, Inc. -- http://www.chs.net/-- is a
publicly traded hospital company and an operator of general acute
care hospitals in communities across the country. Its affiliates
provide healthcare services, developing and operating healthcare
delivery systems in 40 distinct markets across 15 states.
As of June 30, 2024, the Company had $14.4 billion in total assets,
$15.3 billion in total liabilities, $324 million in redeemable
noncontrolling interests in equity of consolidated subsidiaries,
and $1.2 billion in total stockholders' deficit.
* * *
Egan-Jones Ratings Company on January 23, 2025, maintained its
'CCC+' foreign currency and local currency senior unsecured ratings
on debt issued by Community Health Systems, Inc.
In August 2024, S&P Global Ratings raised its rating on Community
Health Systems Inc. to 'CCC+' from 'SD' (selective default). At the
same time, S&P also raised its ratings on the senior unsecured
notes to 'CCC-' from 'D'. The outlook is negative, reflecting the
risk of further distressed exchanges in the intermediate future
despite credit metrics potentially improving in 2024.
COWAN FITNESS: Hires Frank B. Lyon as Bankruptcy Counsel
--------------------------------------------------------
Cowan Fitness South Round Rock, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Texas to hire The Law
Offices of Frank B. Lyon as counsel.
The firm will render these services:
a. give the Debtor legal advice with respect to its powers and
duties as Debtor-in-Possession in the continued operation of its
business and management of its property;
b. advise the Debtor of its responsibilities under the
Bankruptcy Code and assist with such;
c. amend the voluntary petition and other paperwork necessary
to complete this proceeding;
d. assist the Debtor in preparing and filing the required
Schedules, Statement of Affairs, Monthly Financial Reports, the
Initial Debtor Report and other documents required by the
Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the
Local Rules of this Court and the administrative procedures of the
Office of the United States Trustee;
e. represent the Debtor in connection with adversary
proceedings and other contested and uncontested matters, both in
this Court and in other courts of competent jurisdiction,
concerning any and all matters related to these bankruptcy
proceedings and the financial affairs of the Debtor, including, but
not limited to, litigation affecting property of the Estate, suits
to avoid or determine lien rights or other property interests of
creditors and other parties in interest, objections to disputed
claims, motions to assume or reject leases and other executory
contracts, motions for relief from the automatic stay and motions
concerning the discovery of documents and other information
relating to any of the foregoing;
f. represent the Debtor in the negotiation and documentation
of any sales or refinancing of property of the estate, and in
obtaining the necessary approvals of such sales or refinancing by
this Court; and
g. assist the Debtor in the formulation of a plan of
reorganization and disclosure statement, and in taking the
necessary steps in this Court to obtain approval of such disclosure
statement and confirmation of such plan of reorganization.
The firm will be paid at these rates:
Frank B. Lyon $525 per hour
Legal Assistants $115 to 205 per hour
Pre-petition, the Debtor paid the firm the sum of $14,043.25.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Frank B. Lyon, Esq., a partner at The Law Offices of Frank B. Lyon,
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:
Frank B. Lyon, Esq.
The Law Offices of Frank B. Lyon
3800 North Lamar Boulevard, Suite 200
Austin, TX 78756
Tel: (512) 345-8964
Fax: (512) 647-0047
Email: frank@franklyon.com
About Cowan Fitness South Round Rock
Cowan Fitness South Round Rock LLC, also known as Orangetheory
Fitness, is a global fitness studio franchise that specializes in
heart-rate-based interval training through group classes. The
Company's unique workout combines cardio and strength exercises to
help members burn calories, build muscle, and improve overall
fitness. Using real-time data tracking through the OTconnect
system, Orangetheory personalizes each participant's workout to
optimize results. With locations worldwide, the Company focuses on
creating a supportive community where individuals of all fitness
levels can achieve their health and fitness goals.
Cowan Fitness South Round Rock sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D. Texas Case No. 25-10395) on
March 24, 2025. In its petition, the Debtor reported total assets
of $81,003 and total liabilities of $1,006,184.
Judge Shad Robinson handles the case.
The Debtor is represented by Frank B. Lyon, Esq.
CPI BUYER: Moody's Assigns 'B3' CFR, Outlook Stable
---------------------------------------------------
Moody's Ratings assigned ratings to CPI Buyer, LLC (d/b/a Antylia
Scientific or "Antylia"), including a B3 Corporate Family Rating
and B3-PD Probability of Default Rating. Moody's also assigned a B3
rating to the backed senior secured first lien bank credit
facilities, which includes a $125 million revolving credit facility
and $740 million term loan. The outlook is stable.
Proceeds from the $740 million term loan and $660 million of cash
equity contribution from private equity firms Brookfield Capital
Partners and Caisse de dept et placement du Quebec (CPDQ) will fund
the $1.34 billion sponsor-to-sponsor leveraged buyout (LBO) of
Antylia. Proceeds will also be used to pay transaction fees and
expenses, as well as add $10 million of cash to the balance sheet.
Governance risk factors are material to the rating action.
Governance risk factors incorporate the company's financial policy,
which includes high financial leverage following the
sponsor-to-sponsor LBO transaction.
RATINGS RATIONALE
Antylia's B3 CFR reflects the company's high financial leverage,
relatively small size and aggressive financial policies. Antylia
has a history of acquisitions and Moody's expects that the company
will continue to undertake acquisitions as part of its growth
strategy. Moody's expects that Antylia's Moody's adjusted
debt-to-EBITDA will remain between 6 and 7 times over the next 12
to 18 months, absent any material debt-funded acquisitions.
Further, the global laboratory supplies industry is highly
competitive and Antylia competes against much larger and better
capitalized companies.
The B3 rating is supported by the company's high level of recurring
consumables product sales and its strong position in its respective
niche markets. The rating is also supported by Antylia's solid
margins, low capital expenditure requirements and Moody's
expectations for improved free cash flow that is driven by
significantly lower interest expense.
Moody's expects that Antylia will maintain good liquidity over the
next 12 to 18 months. Antylia's liquidity is supported by $10
million of cash on the balance sheet and Moody's expectations that
free cash flow will be modestly positive driven by much lower
interest expense under the new capital structure. The company's
liquidity profile is further supported by a new $125 million
revolving credit facility that will be undrawn as of the close of
the transaction. Moody's expects that Antylia will maintain
sufficient cushion under its springing first lien net leverage
covenant, if triggered. Alternative sources of liquidity are
limited as substantially all assets are pledged.
Antylia's CIS-4 indicates that the rating is lower than it would
have been if ESG risk exposures did not exist. Antylia has exposure
to governance risk considerations (G-4), reflected in the company's
high financial leverage as well as private equity ownership, which
creates the risk of aggressive financial policies. The score also
reflects exposure to social risks (S-3), highlighted by some human
capital risks, though offset by Antylia's lower degree of
regulation for its products and some customer diversity outside of
healthcare.
The stable outlook reflects Moody's expectations that Antylia will
maintain Moody's adjusted debt-to-EBITDA in the range of 6 and 7
times over the next 12 to 18 months. Moody's expects the company
will maintain good liquidity with significantly lower interest
expense resulting in modestly positive free cash flow.
The B3 rating of Antylia's new senior secured first lien bank
credit facilities, comprised of a $125 million revolving credit
facility and $740 million term loan, is the same as the B3 CFR.
This reflects the first lien secured credit facility representing
the preponderance of debt within the company's capital structure.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following:
Incremental pari passu debt capacity up to the greater of closing
date EBITDA and 100% of consolidated EBITDA, plus unused capacity
under the general debt basket and the incurred acquisition debt
basket, plus unlimited amounts subject to the greater of 5.85x
first lien net leverage or leverage neutral incurrence.
There is an inside maturity sublimit up to the greater of 250% of
closing date EBITDA and 250% of consolidated EBITDA, plus any
incremental facility originally incurred pursuant to the
incremental starter, the reallocated debt amount and the
reallocation basket, the incremental prepayments/extensions basket,
permitted acquisitions and investments, and any incremental
facility consisting of loans with an amortization rate of up to 5%
annually.
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.
Amounts up to 200% of unused capacity from the builder basket
and/or restricted payments covenants, restricted debt payments
covenant, general investments basket, unrestricted subsidiaries
investments basket may be reallocated to incur debt.
Uses of cash may be reallocated from one carve out to another at
various multiples, including: (i) 100% of restricted payments
covenant capacity and 150% of restricted debt payments covenant
capacity to investments; (ii) 100% of investments covenant capacity
to restricted payments and restricted debt payments; (iii) 100% of
restricted debt payments covenant capacity to restricted payments.
The builder basket may be used for investments, restricted
payments, restricted debt payments and the designated non-cash
consideration basket.
The company can incur uncapped unsecured sponsor-financed PIK
debt.
Credit agreement is expected to permit specified business line
dispositions (to be defined) without triggering mandatory
prepayment.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if there is a notable increase in the
company's size and scale while also maintaining balanced financial
policies. Additionally, a track record of consistent positive free
cash flow generation could support an upgrade. Quantitatively, if
debt/EBITDA is sustained below 6 times on Moody's basis, the
ratings could be upgraded.
The ratings could be downgraded if the company were to experience a
material decline in revenue, earnings or cash flow due to weaker
demand for the company's products. If the company adopts a more
aggressive financial policy, including pursuing material
debt-funded acquisitions or shareholder distributions that result
in a substantial increase in financial leverage, this could also
result in a downgrade. Lastly, if liquidity were to weaken,
evidenced by sustained negative free cash flow, it could result in
a ratings downgrade.
Headquartered in Vernon Hills, Illinois, CPI Buyer, LLC (d/b/a
Antylia Scientific) manufactures and sells consumables and
equipment used in laboratory testing, quality control, and
research. The company operates in three business segments –
diagnostics (quality control products used on diagnostic tests and
instruments), environmental (products used in air and water quality
testing), and essentials (consumables and equipment used in lab
research and industrial manufacturing applications). For the fiscal
year ended December 31, 2024, Antylia generated revenues of
approximately $400 million.
The principal methodology used in these ratings was Medical
Products and Devices published in October 2023.
CTN HOLDINGS: Hires Verita Global as Administrative Advisor
-----------------------------------------------------------
CTN Holdings Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Kurtzman
Carson Consultants, LLC, doing business as Verita Global, as
administrative advisor.
The firm will provide these services:
(a) assist with, among other things, the preparation of the
Debtors' schedules of assets and liabilities, schedules of
executory contracts and unexpired leases, and statements of
financial affairs;
(b) generate, provide, and assist with claims objections,
exhibits, claims reconciliation, and related matters;
(c) assist, with, among other things, solicitation, balloting,
tabulation, and calculation of votes, as well as preparing any
appropriate reports required in furtherance of confirmation of any
Chapter 11 plan;
(d) generate an official ballot certification and testify, if
necessary, in support of the ballot tabulation results for any
Chapter 11 plan(s) in the Chapter 11 cases; and
(e) provide such other claims processing, noticing,
solicitation, balloting, and administrative services.
The firm will be paid at its standard hourly rates and will be
reimbursed for expenses incurred.
The firm received a retainer in the amount of $25,000.
Evan Gershbein, an executive vice president at Verita Global,
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:
Evan J. Gershbein
Verita Global
2335 Alaska Ave.
El Segundo, CA 90245
Telephone: (310) 823-9000
About CTN Holdings
CTN Holdings Inc. is a climate finance company specializing in
providing high-quality carbon solutions to businesses worldwide.
They connect companies with effective decarbonization strategies
and a wide range of carbon removal projects, selling carbon credits
sourced from a diverse network of project developers. The company
is famous for providing carbon creditors of Microsoft Corp., Meta
Platforms Inc., and other big companies.
CTN Holdings Inc. and six of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
25-10613) on March 30, 2025. In their petitions, the Debtors
reported estimated assets of $50 million to $100 million and
estimated liabilities of $100 million to $500 million. The
petitions were signed by Miles Staglik as chief restructuring
officer.
The Debtors are represented by Whiteford, Taylor & Preston LLC.
Kurtzman Carson Consultants, LLC dba Verita Global is the Debtors'
claims and noticing agent.
CTN HOLDINGS: Hires Whiteford Taylor & Preston as General Counsel
-----------------------------------------------------------------
CTN Holdings Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Whiteford,
Taylor & Preston LLP as general bankruptcy counsel.
The firm's services include:
a. providing legal advice with respect to the Debtors' powers
and duties as debtors in possession in the continued operation of
their business and management of their property;
b. preparing on behalf of the Debtors all necessary
applications, motions, answers, orders, reports, and other legal
papers in connection with these Chapter 11 Cases;
c. appearing in Court on behalf of the Debtors in order to
protect the interests of the Debtors before the Court;
d. representing and advising the Debtors in negotiations with
their lenders, other creditors, equity holders and other parties in
interest; and
e. performing all other legal services for the Debtors that
may be necessary and proper in the Chapter 11 Cases.
The firm will be paid at these hourly rates:
William F. Taylor, Counsel $895
J. Daniel Vorsteg, Partner $810
Brandy M. Rapp, Partner $650
David W. Gaffey, Partner $630
Joshua D. Stiff, Counsel $560
Alexandra G. DeSimone, Associate $520
Christopher Lano, Paralegal $485
Kathleen G. McCruden, Paralegal $485
The firm received retainers in total amount of $152,166.
Whiteford therefore provides the following statements in response
to the request for additional information set forth in Part D.1. of
the Appendix B Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference. Response: Whiteford
was retained by the Debtors in connection with the Chapter 11 Cases
pursuant to its Engagement Agreement dated March 21, 2025. The
billing rates and material financial terms for Whiteford's one week
of prepetition work in the preparation of these Chapter 11 Cases
are the same as those disclosed and described herein. Whiteford
also represented the Debtors in the 12 months prepetition in
various litigation matters. Whiteford adjusts its hourly billing
rates annually, usually effective January 1 of the following year.
Accordingly, effective January 1, 2025, Whiteford increased its
standard hourly rates for all timekeepers between 5 and 7 percent
from those rates charged in 2024, depending on the level and
experience of the timekeeper.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Response: Whiteford and the Debtors have agreed on a budget and
staffing plan for the Chapter 11 Cases.
David W. Gaffey, a partner at Whiteford, disclosed in court filings
that his firm is a "disinterested person" as defined in Section
101(14) of the Bankruptcy Code.
The firm can be reached through:
David W. Gaffey, Esq.
Jennifer E. Wuebker, Esq.
WHITEFORD TAYLOR & PRESTON, LLP
3190 Fairview Park Drive, Suite 800
Falls Church, VA 22042
Tel: (703) 280-3374
E-mail: dgaffey@wtplaw.com
About CTN Holdings
CTN Holdings Inc. is a climate finance company specializing in
providing high-quality carbon solutions to businesses worldwide.
They connect companies with effective decarbonization strategies
and a wide range of carbon removal projects, selling carbon credits
sourced from a diverse network of project developers. The company
is famous for providing carbon creditors of Microsoft Corp., Meta
Platforms Inc., and other big companies.
CTN Holdings Inc. and six of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
25-10613) on March 30, 2025. In their petitions, the Debtors
reported estimated assets of $50 million to $100 million and
estimated liabilities of $100 million to $500 million. The
petitions were signed by Miles Staglik as chief restructuring
officer.
The Debtors are represented by Whiteford, Taylor & Preston LLC.
Kurtzman Carson Consultants, LLC dba Verita Global is the Debtors'
claims and noticing agent.
CTN HOLDINGS: Taps Hilco Corporate Finance as Investment Banker
---------------------------------------------------------------
CTN Holdings Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ Hilco
Corporate Finance, LLC as their investment banker.
The firm will render these services:
a. familiarize itself to the extent that HCF deems appropriate
with the commercial, financial, operational, and legal
circumstances of the Debtors;
b. advise the Debtors on all financial aspects of a potential
Transaction, including preparing and delivering financial analyses
of opportunities, and documenting, when appropriate, strategic
alternatives to determine the viability of alternatives;
c. if the Debtors pursue a Restructuring Transaction:
i. assist the Debtors in the formulation of the terms of a
Restructuring Transaction with respect to their outstanding debt
("Notes") and/or other liabilities identified by the Debtors;
ii. negotiate the terms of a Restructuring Transaction with
holders of the Notes and other relevant creditor constituencies;
iii. provide financial advice and assistance to the Debtors
in structuring new securities to be issued pursuant to the
Restructuring Transaction; and
iv. assist in the development of the reorganization value.
d. If the Debtors pursue a Sale Transaction:
i. identify and recommend to the Debtors potential buyers
and capital sources in connection with a Sale Transaction;
ii. with the Debtors' assistance, create written materials
(e.g., a "teaser," confidential information memorandum, management
presentation) to be used in presenting the Sale Transaction
opportunity to prospective buyers and capital sources. Prior to
distribution of these materials, the Debtors shall review, comment
on, and approve their use in connection with a Sale Transaction;
iii. solicit and review proposals and make recommendations and
advising the Debtors in negotiating proposals concerning a Sale
Transaction;
iv. assist the Debtors in responding to the due diligence
review of interested parties with respect to a Sale Transaction,
including by managing a virtual data room ("VDR") and assisting the
Debtors in organizing, populating, and maintaining the VDR;
v. assist the Debtors in soliciting and evaluating Sale
Transaction proposals; and
vi. assist the Debtors and their other professional advisors
in negotiating definitive documentation concerning a Sale
Transaction and otherwise assisting in the process of closing a
Sale Transaction.
e. as necessary, to the extent a Transaction is consummated
pursuant to the Bankruptcy Code:
i. assist in the development and confirmation of a chapter
11 plan of reorganization;
ii. assist with the preparation of bankruptcy court
motions;
iii. consult other retained parties, lenders, creditors'
committee, and other parties in interest;
iv. participate in bankruptcy court hearings and providing
testimony in connection with hearings before the bankruptcy court;
and
v. perform other tasks as appropriate and as may reasonably
be requested by the Debtors' management or counsel.
The firm will be compensated at these rates:
a. On April 1, 2025, and on each monthly anniversary
thereafter, the Debtors shall pay HCF a monthly fee (the "Monthly
Fee") of $50,000 for the services provided in connection with the
Agreement, which shall be fully earned upon payment and
nonrefundable. The Monthly Fee shall be compensation for the
services that HCF provides to the Debtors in the subsequent month.
One hundred percent (100 percent) of the Monthly Fees paid to and
received by HCF in respect of any months following the fourth month
of HCF's engagement shall be credited (without duplication) against
and reduce the first to occur of a Restructuring Transaction Fee or
Sale Transaction Fee.
b. The Debtors shall pay HCF a fee (a "Restructuring
Transaction Fee") upon and as a condition to the closing of a
Restructuring Transaction in an amount equal to $1,000,000.
c. The Debtors shall pay HCF a fee (a "Sale Transaction Fee")
upon and as a condition to the first closing of a Sale Transaction,
which Transaction Fee shall be paid directly out of the gross
proceeds of the Sale Transaction (or in the case of a credit bid
without a cash component, other than assumption of liabilities,
pursuant to the Bankruptcy Code, HCF will be entitled to an allowed
administrative claim against the Debtors' estate), in an amount
equal to the greater of (i) 2.0 percent of the Transaction Value or
(ii) $1,000,000. Notwithstanding the above, in the event of a Sale
Transaction consummated via an initial credit bid by Inherent
Group, LP or its affiliates, the Sale Transaction Fee shall be
$300,000.
Teri Stratton, senior managing director of Hilco, assured the court
that her firm is a "disinterested person" as that term is defined
in section 101(14).
The firm can be reached through:
Teri Stratton
Hilco Corporate Finance
5 Revere Dr, Suite 206
Northbrook, IL 60062
Email: tstratton@hilcocf.com
About CTN Holdings
CTN Holdings Inc. is a climate finance company specializing in
providing high-quality carbon solutions to businesses worldwide.
They connect companies with effective decarbonization strategies
and a wide range of carbon removal projects, selling carbon credits
sourced from a diverse network of project developers. The company
is famous for providing carbon creditors of Microsoft Corp., Meta
Platforms Inc., and other big companies.
CTN Holdings Inc. and six of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
25-10613) on March 30, 2025. In their petitions, the Debtors
reported estimated assets of $50 million to $100 million and
estimated liabilities of $100 million to $500 million. The
petitions were signed by Miles Staglik as chief restructuring
officer.
The Debtors are represented by Whiteford, Taylor & Preston LLC.
Kurtzman Carson Consultants, LLC dba Verita Global is the Debtors'
claims and noticing agent.
CTN HOLDINGS: Taps Miles Staglik of CR3 Partners as CRO
-------------------------------------------------------
CTN Holdings Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the District of Delaware to employ CR3
Partners, LLC and designate Miles Staglik as chief restructuring
officer.
The firm will render these services:
a. provide oversight and support to the Debtors and the
Debtors' other professionals in connection with execution of the
Debtors' business plan, reorganization plan, any sales process, and
the overall administration of activities within the chapter 11
proceeding;
b. provide oversight and assistance in connection with the
preparation of financial reporting and related disclosures required
by the bankruptcy court, including the Schedules of Assets and
Liabilities, the Statement of Financial Affairs and Monthly
Operating Reports, and any other disclosures required by the
Debtors in connection with the bankruptcy process;
c. provide oversight and assistance in connection with the
preparation of financial information for distribution to creditors
and others, including, but not limited to, cash flow projections
and budgets, cash receipts and disbursements analysis of various
asset and liability accounts, and analysis of proposed transactions
for which court approval is sought;
d. review and analyze the financial and operational position
of the Debtors, and provide an overview to management and board of
directors in connection with same;
e. with prior approval of the Debtors' management team,
recommend and advise on the retention and termination of financial
advisors and consultants, accountants, attorneys, claims and
noticing agents, and other professional advisors;
f. recommend or advise on the retention and termination of
employees, independent contractors, affiliate relationships,
suppliers, and other trade partners; provided that the CRO will
consult and request approval by the independent board member(s) of
the Debtors prior to any termination of employees, independent
contractors or financial advisors who are in an executive
management role with the Debtors;
g. assess the Debtors' current cash-flow model, analyze the
key assumptions for those models, and provide an overview on the
projected range of liquidity, or work with the Debtors' personnel
to develop a cash-flow model if one does not exist or is
inadequate;
h. in accordance with the budget presented and approved by the
Debtors' board of directors and first-lien lender, direct the
management and control of the Debtors' near- and medium-term cash
flow and working capital availability through interaction with
financial staff, financial advisors, customers and/or vendors;
i. in accordance with the budget presented and approved by the
Debtors' board of directors and first-lien lender, exercise control
of the Debtors' cash, credit facilities, checking accounts, deposit
accounts and other financial assets, including, without limitation,
authority to open and close deposit accounts and enter into
agreements relating to same, and establish signing and approval
authority on all cash and cash equivalent accounts;
j. recommend and advise on the use, sale, or lease of assets
of the Debtors both in the ordinary course of business and
otherwise, including negotiation or termination of same;
k. with prior approval and/or consent from the Debtors' board
of directors, negotiate with creditors and other constituencies
regarding modification, settlement, restructuring or other
consensual arrangements, including without limitation, credit
agreements, forbearance agreements, loan document amendments,
and/or a plan of reorganization or liquidation, and the
implementation thereof, in each case, with full power and authority
to enter into, execute, deliver, and perform the same;
l. provide advisory oversight and consultation for cash and
liquidity to ensure the preservation or enhancement of the Debtors'
financial condition, collection of past due accounts receivable,
and to supervise the preparation of financial statements, borrowing
base certificates, other loan document reporting, and financial
models and budgets, including weekly preparation and reconciliation
of a 13-week cash flow forecast;
m. Evaluate and advise the Debtors or board of directors and
its advisors on strategic planning, which may include, without
limitation, refinancing, restructuring, reorganization, sale of
assets, additional equity partners, bankruptcy, or the appointment
of a receiver;
n. recommend coordination and participation in significant
correspondence, discussion, and negotiation by and between the
Debtors' lenders, creditors, suppliers, vendors, customers, and
other constituencies;
o. evaluate and investigate potential strategies for
restructuring and refinancing of the Debtors, and provide advice to
the board of directors in connection with same;
p. implement with the Debtors' management restructuring
strategies approved by the board of directors;
q. establish communication protocol with all stakeholders; and
r. perform such other tasks that are mutually agreed upon from
time to time between the board of directors and CR3 Partners, or as
deemed appropriate by CR3 Partners in keeping with its ethical and
professional responsibilities.
The firm will be paid at these hourly rates:
William Snyder, Senior Managing Director $1,295
Miles Staglik, Managing Director $725
Chrystal Haag, Manager $525
Peter Lauser, Senior Associate $475
Prior to the Petition Date, the Debtors paid CR3 Partners a
retainer in the amount of $250,000. CR3 Partners received one other
payment from the Debtors in the amount of $30,300 prior to the
Petition Date.
CR3 Partners does not hold any interest adverse to the Debtors'
estates, and is a "disinterested person" as defined by section 101
(14) of the Bankruptcy Code.
The firm can be reached through:
Miles Staglik
CR3 Partners, LLC
13355 Noel Road, Suite 2005
Dallas, TX 75240
Phone: (310) 343-0361
Email: miles.staglik@cr3partners.com
About CTN Holdings
CTN Holdings Inc. is a climate finance company specializing in
providing high-quality carbon solutions to businesses worldwide.
They connect companies with effective decarbonization strategies
and a wide range of carbon removal projects, selling carbon credits
sourced from a diverse network of project developers. The company
is famous for providing carbon creditors of Microsoft Corp., Meta
Platforms Inc., and other big companies.
CTN Holdings Inc. and six of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
25-10613) on March 30, 2025. In their petitions, the Debtors
reported estimated assets of $50 million to $100 million and
estimated liabilities of $100 million to $500 million. The
petitions were signed by Miles Staglik as chief restructuring
officer.
The Debtors are represented by Whiteford, Taylor & Preston LLC.
Kurtzman Carson Consultants, LLC dba Verita Global is the Debtors'
claims and noticing agent.
CUSTOM HOLDINGS: Amends Insider Unsecured Claims Pay Details
------------------------------------------------------------
Custom Holdings, Inc. ("CHI") submitted a First Amended Small
Business Plan of Reorganization dated April 2, 2025.
This First Amended Plan of Reorganization proposes to pay creditors
of the Debtor from cash flow from operations and future income.
The amendments to the plan filed previously relate to the
assumption of leases with subsidiaries and the accumulation of
funds for class 6 (insider) claims until other class 3, 4 and 5
claims are paid in full. No other provisions are affected by this
amended plan.
This Plan provides for two classes of secured claims, two classes
of priority administrative expense claims, and two classes of
general unsecured claims. Unsecured creditors holding allowed
claims will likely be impaired and receive less-than-full
distributions.
This Plan also provides for the payment of administrative and
priority claims to the extent permitted by the Code payable on the
effective date of the plan unless agreed to otherwise by the
creditor.
Class 5 consists of the general unsecured claim of US Bank in the
amount of $104,129.72. This claim will be paid in full over the
course of the plan on a quarterly basis provided U.S. Bank agrees
to stay its litigation to collect against the subsidiaries and
principal of the Debtor while state court litigation proceeds
against Six Axis Solutions and Allegheny Machine Tool Systems. In
the event, U.S. Bank does not agree to such a stay, U.S. Bank's
general unsecured claim would be paid as a Class 6 general
unsecured claim prorata.
Class 6 general unsecured claims of insiders consists of loans from
the owner of the Debtor, Brent Moye, in the amount of $323,973.21.
This claim will be paid from excess funds available for
distribution after payment of the foregoing claims in accordance
with this plan on a quarterly basis; provided, however, no payment
will be made on this claim prior to 24 months after the effective
date of this plan.
To assure that non-insider claims are paid before insider claims,
the Debtor proposes to establish an account into which the amounts
provided will be paid. After the approved, class 3, 4 and 5 claims
are paid in full, the Debtor will disburse the balance of funds in
the account to the class 6 claimant and continue to make payments
to class 6 creditor on a quarterly basis through the conclusion of
this Plan or until the class 6 claim is paid in full, whichever
comes first. To the extent that this claim is not paid over the
course of the plan, it will be discharged.
The Debtor will commence making its payments under the plan on the
first day of the calendar month that follows the effective date of
the plan. It will fund the plan payments from the income made in
the ordinary course of its business. All disposable income of the
Debtor will be committed to this plan over the 60-month period.
A full-text copy of the First Amended Plan dated April 2, 2025 is
available at https://urlcurt.com/u?l=CZHTAf from PacerMonitor.com
at no charge.
About Custom Holdings, Inc.
Custom Holdings Inc. is primarily engaged in renting and leasing
real estate properties.
Custom Holdings Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Va. Case No. 24-50077) on
Oct. 17, 2024. In the petition filed by Brent Moye, as president,
the Debtor reports total assets of $1,449,570 and total liabilities
of $1,310,524.
The Honorable Bankruptcy Judge B Mckay Mignault handles the case.
The Debtor is represented by:
Paul W. Roop, II, Esq.
ROOP LAW OFFICE, LC
P.O. Box 1145
Beckley, WV 25802-1145
Tel: (304) 255-7667
E-mail: bankruptcy@rooplawoffice.com
CYTOSORBENTS CORP: Names Thomas Shannon as VP of Marketing for NA
-----------------------------------------------------------------
CytoSorbents Corporation announced the appointment of Thomas
Shannon as Vice President of Marketing for North America. With
anticipated marketing approval, Mr. Shannon will lead the marketing
strategy and execution for DrugSorb-ATR in the U.S. and Canada.
"We are thrilled to welcome Tom to the CytoSorbents team as we
prepare for the potential launch of DrugSorb-ATR in the U.S. and
Canada," stated Dr. Phillip Chan, Chief Executive Officer of
CytoSorbents. "Tom brings outstanding leadership and a proven track
record of commercial success in introducing groundbreaking
cardiovascular and critical care technologies to stakeholders
across the U.S. and globally. His expertise will be invaluable in
driving the successful commercialization of DrugSorb-ATR, as we
work to reduce the risk of serious perioperative bleeding in
patients undergoing coronary artery bypass graft (CABG) surgery
while on the blood thinner Brilinta."
Mr. Shannon is a global strategic marketing executive who brings
over 25 years of experience commercializing life-saving
technologies for high growth cardiovascular surgery and
extracorporeal therapy-focused medical device companies.
Previously, Mr. Shannon served as Vice President of Sales and
Marketing at Genesee Biomedical, an innovator in cardiac heart
valve repair, and Director of Marketing at Fresenius Medical Care
(NYSE: FMS), where he established their Heart and Lung Acute Care
division and launched the first ever FDA-cleared long-term
extracorporeal membrane oxygenation (ECMO) life support device. At
Getinge (formerly Maquet) (Stockholm GETI-B.ST), Mr. Shannon
commercialized 20 new products across the Americas, including the
successful launch of the market-leading CardioHelp ECMO platform,
managed a $450 million cardiac and vascular surgery portfolio, and
consistently delivered double digit growth year-over-year. During
his tenure at Medtronic (NYSE: MDT), Tom led initiatives in sales,
therapy development and marketing, and product launches including
anti-coagulation monitoring devices, blood pumps, and
autotransfusion technologies. Earlier in his career, Tom spent 17
years as a healthcare practitioner, including 12 years as a
cardiovascular perfusionist, supporting complex cardiothoracic
surgeries.
"I have had the good fortune to help lead the launch and
commercialization of some major innovations in critical care and
cardiac surgery during my career," commented Tom Shannon. "Of them
all, I am impressed by the straight-forward and compelling value
proposition that DrugSorb-ATR can represent for patients, surgeons,
and hospital systems. In particular, intraoperative and
postoperative bleeding in CABG patients due to blood thinning
medications such as Brilinta is a major problem for cardiac
surgeons that only continues to get worse. As a former
cardiovascular perfusionist, I cannot overstate the importance of
intraoperative stability and low bleeding to the cardiovascular
surgeon and surgical team. They want a smooth operation without
complications. I am excited to have this new opportunity to
collaborate closely with the dedicated and passionate team at
CytoSorbents to ensure that patients have access to this innovative
breakthrough technology."
DrugSorb-ATR is a U.S. FDA Breakthrough medical device which we
believe is uniquely positioned to address the critical issue of
perioperative bleeding caused by blood thinners like Brilinta in
patients undergoing CABG surgery. The Company's marketing
applications for DrugSorb-ATR continue to be in substantive and
interactive review with the U.S. FDA and Health Canada, and the
Company continues to expect regulatory decisions from both agencies
in 2025. Until then, DrugSorb-ATR is an investigational device that
is neither cleared nor approved in the United States and Canada,
respectively.
Brilinta and Cardiohelp are registered trademarks of AstraZeneca
and Getinge, respectively.
About CytoSorbents
Based in Monmouth Junction, N.J., CytoSorbents Corporation is
engaged in critical care immunotherapy, specializing in blood
purification. Its flagship product, CytoSorb, is approved in the
European Union with distribution in more than 75 countries around
the world as an extracorporeal cytokine adsorber designed to reduce
the "cytokine storm" or "cytokine release syndrome" seen in common
critical illnesses that may result in massive inflammation, organ
failure, and patient death.
East Brunswick, New Jersey-based WithumSmith+Brown, PC, the
Company's auditor since 2004, issued a "going concern"
qualification in its report dated March 31, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company has suffered recurring losses from
operations, has experienced cash used in operations, and has an
accumulated deficit, which raise substantial doubt about its
ability to continue as a going concern.
As of September 30, 2024, CytoSorbents had $47,804,011 in total
assets, $34,804,921 in total liabilities, and $12,999,090 in total
stockholders' equity.
DANIEL J. WALLACE: Taps Raines Feldman Littrell LLP as Counsel
--------------------------------------------------------------
Daniel J. Wallace M.D., a Medical Corporation, seeks approval from
the U.S. Bankruptcy Court for the Central District of California to
hire legal counsel.
The firm will render these services:
1. assist the Debtor in preparing and filing an Amended Plan
to address the McKesson 1111(b) Election and the McKesson Plan
Objection;
2. assist the Debtor in implementing an agreement between the
shareholders regarding liability for certain debts;
3. review, analyze and object to claims, if necessary;
4. advise and assist the Debtor regarding compliance issues;
and
5. represent the Debtor in any proceeding or hearing in the
Bankruptcy Court in any action where the rights of the estate or
the Debtor may be litigated or affected.
The firm will undertake representation of the Debtor at an hourly
rate of between $310 and $795.
The firm received a total retainer in the amount of $15,000.
The firm is disinterested within the meaning of 11 U.S.C. Secs.
327(a) and 101(14), according to court filings.
The firm can be reached through:
Kyra E. Andrassy, Esq.
Michael L. Simon, Esq.
RAINES FELDMAN LITTRELL LLP
4675 MacArthur Ct., Suite 1550
Newport Beach, CA 92660
Tel: (310) 440-4100
Fax: (310) 691-1367
Email: kandassy@raineslaw.com
Email: msimon@raineslaw.com
About Daniel J. Wallace M.D.
Daniel J. Wallace M.D., a Medical Corporation specializes in the
treatment of rheumatic diseases and the research of autoimmune and
inflammatory diseases. It conducts business under the name Wallace
and Lee Center in Beverly Hills.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-14429) on June 3,
2024, with $301,368 in assets and $3,884,496 in liabilities. Daniel
J. Wallace M.D., chief executive officer, signed the petition.
Judge Barry Russell presides over the case.
Michael Jay Berger, Esq., at the Law Offices of Michael Jay Berger
represents the Debtor as bankruptcy counsel.
Tamar Terzian has been appointed as patient care ombudsman in the
Debtor's Chapter 11 case.
DARRELL LASHON GLANTON: Loses Bid to Withdraw Reference
-------------------------------------------------------
Chief Judge Emily C. Marks of the United States District Court for
the Middle District of Alabama denied Darrell Lashon Glanton and
Joy Marie Hall's motion to withdraw the reference in the case
captioned as DARRELL LASHON GLANTON, et al., Debtors, v. BANKRUPTCY
ADMINISTRATOR, Trustee, Case No. 1:25-mc-4037-ECM (M.D. Ala.). The
Debtors' motion for a temporary restraining order is denied as
moot.
The District Court concludes that the Debtors have not established
sufficient cause to justify withdrawal of the reference.
The Debtors appear to argue that their creditors have committed
fraud by, for example, failing to disclose Borrower-in-Custody
collateral status and misrepresenting equity interests as
enforceable obligations. But these concerns are within the
Bankruptcy Court's purview and can be addressed in the ordinary
course of bankruptcy proceedings.
According to the District Court, the Debtors fail to show that
withdrawal of the reference under the circumstances of this case
would advance uniformity in bankruptcy administration, decrease
forum shopping and confusion, promote the efficient use of party or
court resources, facilitate the bankruptcy process, or prevent
delay. Considering the relevant factors, the District Court finds
that permissive withdrawal is not appropriate.
Because the District Court has concluded that it will not withdraw
the reference, the Debtors' request for a temporary restraining
order is moot.
A copy of the Court's decision dated April 30, 2025, is available
at https://urlcurt.com/u?l=VY632M from PacerMonitor.com.
Darrell Lashaon Glanton and Joy Marie Hall filed for Chapter 11
bankruptcy protection (Bankr. M.D. Ala. Case No. 25-10278) on March
14, 2025, listing under $1 million in both assets and liabilities.
DAYTON DEVELOPMENT: Hires Robbins Kelly Patterson as Counsel
------------------------------------------------------------
Dayton Development Partners LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Ohio to hire Michael
A. Galasso, Esq., an attorney at Robbins Kelly Patterson & Tucker,
as litigation counsel.
Mr. Galasso will provide:
(a) assistance with the development of goals, objectives and
financial parameters for any litigation;
(b) preparation of relevant pleadings necessary to prosecute
any litigation; and
(c) representation of the Debtor at any hearings or trials
related to any litigation that is prosecuted.
Mr. Galasso's hourly rate is $450. Law clerks and paralegals will
be paid $100 to $195 per hour.
The firm shall request a retainer in the amount of $7,000.
Mr. Galasso is a "disinterested person" within the meaning of
section 101(14) of the Bankruptcy Code, according to court
filings.
Mr. Galasso can be reached at:
Michael A. Galasso, Esq.
Robbins, Kelly, Patterson & Tucker
312 Elm Street, Suite 2200
Cincinnati, OH 45202
Tel: (513) 721-3330
Fax: (513) 721-5001
Email: mgalasso@rkpt.com
About Dayton Development Partners LLC
Dayton Development Partners LLC is a single-asset real estate
debtor, as defined in 11 U.S.C. Section 101(51B). It owns the
property located at 2210 Arbor Boulevard, Dayton, Ohio 45439, which
is currently valued at $8.5 million.
Dayton Development Partners LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-30699) on
April 2, 2025. In its petition, the Debtor reports total assets of
$8,600,000 and total liabilities of $7,997,257.
Honorable Bankruptcy Judge Guy R. Humphrey handles the case.
The Debtor is represented by Eric W. Goering, Esq. at GOERING &
GOERING.
DB ASSETS: Case Summary & Two Unsecured Creditors
-------------------------------------------------
Debtor: DB Assets LLC
2480 Windy Hill Rd
Suite 302
Marietta GA 30067
Business Description: DB Assets LLC engages in residential
building construction, focusing on the
development of new single-family and
multifamily housing. It also undertakes
remodeling and renovation projects for
existing homes.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-55062
Debtor's Counsel: Charles N. Kelley, Jr., Esq.
KELLEY LAW LLC
PO Box 2758
Gainesville GA 30503
Tel: 770-531-0007
Email: ckelley@kelleyclements.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
Chukwudi Orubele, in his role as manager, affixed his signature to
the petition.
A copy of the Debtor's list of two unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/QF7MIFQ/DB_Assets_LLC__ganbke-25-55062__0005.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5IFBKUA/DB_Assets_LLC__ganbke-25-55062__0001.0.pdf?mcid=tGE4TAMA
DOUBLE PLAY: Seeks Subchapter V Bankruptcy in Georgia
-----------------------------------------------------
On May 5, 2025, Double Play Oil & Gas Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Texas. According to court filing, the Debtor reports
between $1 million and $10 million in debt owed to 1 and 49
creditors. The petition states funds will not be available to
unsecured creditors.
About Double Play Oil & Gas Inc.
Double Play Oil & Gas Inc., founded in 1998, specializes in the
operation of oil and gas wells, managing projects from prospect
generation through drilling, completion, and ongoing operations.
The Company collaborates with experienced geologists to generate
multiple prospects annually, offering investors an opportunity to
purchase interests in oil and gas well projects at the ground
level. With properties in several counties, including Bee, DeWitt,
Duval, and others in Texas, Double Play strives to keep expenses
low and operations efficient.
Double Play Oil & Gas Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-20130) on May 5, 2025. In its petition, the Debtor reports
estimated assets up to $50,000 and estimated liabilities between $1
million and $10 millino.
Honorable Bankruptcy Judge Marvin Isgur handles the case.
The Debtor is represented by Stephen W Sather, Esq. at BARRON &
NEWBURGER, P.C.
E. FLETCHER CONSTRUCTION: Taps John Goetz Law as Legal Counsel
--------------------------------------------------------------
E. Fletcher Construction LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Virginia to hire John
Goetz Law, PLC as its attorney.
The firm's services include:
a. advising the Debtor with respect to their powers and duties
as debtor-in-possession in the continued management and operation
of its business;
b. advising and consulting on the conduct of the Bankruptcy
Case, including all the legal and administrative requirements of
operating in chapter 11;
c. attending meetings and negotiating with representatives of
Debtor's creditors and other parties in interest;
d. taking all necessary action to protect and preserve the
Debtor's estate, including prosecuting actions on the Debtor's
behalf, defending any actions commenced against the Debtor, and
representing the Debtor's interest in negotiations concerning all
litigation in which the Debtor may be involved, including
objections to claims filed against the Debtor's estate;
e. preparing all pleadings, including motions, applications,
answers, orders, reports, and papers necessary or otherwise
beneficial to the administration of the Debtor's estate;
f. representing the Debtor in connection with obtaining
post-petition financing, if necessary;
g. advising the Debtor in connection with any potential sale
or administration of assets;
h. appearing before the Court to represent the interests of
the Debtor's estate before the Court;
i. taking any necessary action on behalf of the Debtor to
negotiate, prepare on behalf of the Debtor, and obtain approval of
a chapter 11 plan and documents related thereto; and
j. perform all other necessary or otherwise beneficial legal
services.
The firm will be paid at these rates:
Attorneys $300 to $350 per hour
Paralegals $125 per hour
John Goetz Law is a "disinterested person" within the meaning of
section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached through:
John P. Goetz, Esq.
John Goetz Law, PLC
86 W. Shirley Avenue
Warrenton, VA 20186
Tel: (540) 359-6605
Fax: (540) 359-6610
Email: docs@johngeotzlaw.com
About E. Fletcher Construction LLC
E. Fletcher Construction LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. W.D. Va. Case No.
25-50233) on April 17, 2025, listing $50,001 to $100,000 in assets
and $100,001 to $500,000 in liabilities.
John Paul Goetz, Esq. at John Goetz Law, PLC represents the Debtor
as counsel.
E.F. MARKETING: Files Emergency Bid to Use Cash Collateral
----------------------------------------------------------
E.F. Marketing Group, LLC asked the U.S. Bankruptcy Court for the
Western District of Texas, San Antonio Division, for authority to
use cash collateral.
The Debtor operates a commercial printing company and relies on
cash, deposits, and accounts receivable to cover essential expenses
such as employee wages, rent, utilities, insurance, and
professional fees.
Several creditors have filed UCC financing statements, but the
Debtor asserts that only Live Oak Bank holds a valid lien on the
cash collateral, which totals approximately $163,483.
Live Oak Bank's secured claim is for $434,000, and the Debtor
proposed to provide adequate protection by granting a lien on
post-petition receivables and making monthly payments of $1,500
starting June 1, 2025.
Other creditors, including Encore Bank, Xerox, the Internal Revenue
Service, and QFS Capital, LLC have liens or claims, some of which
the Debtor disputes, but none are believed to have a current claim
on the cash collateral in question.
About E.F. Marketing Group
E.F. Marketing Group, LLC is a full-service advertising and
marketing agency based in San Antonio, Texas. It designs and
executes data-driven direct-mail and digital campaigns for regional
colleges and small to mid-sized businesses.
E.F. Marketing Group sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Texas Case No. 25-50842) on April 23,
2025. In its petition, the Debtor reported assets between $500,000
and $1 million and liabilities between $1 million and $10 million.
Judge Craig A. Gargotta handles the case.
The Debtor is represented by Steven G. Cennamo, Esq., at the Law
Office of Cennamo & Werner.
ELK CREEK: Seeks to Hire Beiler-Campbell Realtors as Broker
-----------------------------------------------------------
Elk Creek Escape, LLC seeks approval from the U.S. Bankruptcy Court
for the Middle District of Pennsylvania to employ Beiler-Campbell
Realtors as broker.
The firm will market and sell the Debtor's real property in
Hillgrove Township, Sullivan County, PA.
The broker will receive a 5 percent commission.
Beiler-Campbell is a "disinterested person" within the meaning of
11 U.S.C. 101(14), according to court filings.
Beiler-Campbell can be reached through:
J. Meryl Stoltzfus
Beiler-Campbell Realtors
229 West 4th St.
Quarryville, PA 17566
Tel: (888) 209-6160
About Elk Creek Escape
Elk Creek Escape, LLC is a local campground that provides a variety
of camping amenities, including rustic style cabins and campsite
firepits. The company is based in Hillsgrove, Pa.
Elk Creek Escape filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. M.D. Pa. Case No. 24-02003) on August
14, 2024, with $1 million to $10 million in both assets and
liabilities. Connie J. Klick, member, signed the petition.
Judge Mark J. Conway presides over the case.
Lisa M. Doran, Esq., at Doran & Doran, PC represents the Debtor as
legal counsel.
ENNIS I-45 11: Hires Marcus & Millichap as Real Estate Broker
-------------------------------------------------------------
Ennis I-45 11 ACRE, LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to hire Marcus & Millichap
as commercial real estate broker.
The firm will advise and represent the Debtor in connection with
the marketing and potential sale of the property located at 590
South Interstate I-45, Ennis, Texas, 75119.
The firm's services include:
a. meeting with the Debtor to ascertain the Debtor's goals,
objectives and financial parameters in selling the property;
b. soliciting interested parties for the sale of the Property
and otherwise marketing the Property;
c. at the Debtor's direction and on the Debtor's behalf,
negotiating the terms of the sale of the property subject to any
procedure approved by the Court and the ultimate approval of the
Court; and
d. performing all other tasks appropriate for a real estate
broker in a chapter 11 case to obtain the highest or otherwise best
offer for the Property.
The firm will be compensated at these rates:
a. Marcus & Millichap will be paid a commission equal to 6
percent upon the occurrence of the following events:
i. A buyer is procured during the Term of the broker's
employment who is ready, willing and able to purchase the Property
for cash consideration on the terms and conditions set forth and
approved by the U.S. Bankruptcy Court for the Northern District of
Texas; or
ii. The Property is sold, exchanged or otherwise conveyed
during the Term except to the extent (a) surrendered to a secured
creditor in the case or (b) transferred to a trustee or trust; or
iii. The Property is withdrawn from the market or made
unmarketable during the Term due to the Seller's fault, as
determined by the U.S. Bankruptcy Court for the Northern District
of Texas.
b. If a cash sale of the Property is achieved through escrow,
the 6 percent commission is to be paid at the close of escrow.
Marcus & Millichap is a "disinterested person" as that term is
defined in section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached through:
Skyler W. Henderson
Marcus & Millichap
5001 Spring Valley Road, Suite 1100 W
Dallas, TX 75244
Tel: (972) 755-5200
Fax: (972) 755-5210
Email: tim.speck@marcusmillichap.com
About Ennis I-45
Ennis I-45 11 Acre, LLC (doing business as Ennis Luxury RV Resort)
is an upscale RV park located just outside of Dallas, Texas, in
Ennis.
Ennis I-45 sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-31219) on April 1, 2025. In its
petition, the Debtor reported estimated assets of $1 million to $10
million and estimated liabilities of $10 million to $50 million.
The petition was signed by John McGaugh as manager.
The Debtor is represented by Shannon & Lee, LLP as legal counsel.
EVANS CONSTRUCTION: Taps Honey Law Firm as Bankruptcy Counsel
-------------------------------------------------------------
Evans Construction, Inc. seeks approval from the U.S. Bankruptcy
Court for the Western District of Arkansas to hire Honey Law Firm,
P.A. as its attorneys.
The firm will render these services:
(a) advise and consult with the Debtor concerning questions
arising in the conduct of the administration of the estate and
concerning the Debtors rights and remedies with regard to the
estate’s assets and claims of secured, priority and unsecured
creditors and other parties in interest;
(b) appear for; prosecute, defend, and represent the Debtor
interest in adversary proceedings and/or contested matters arising
in or related to this case;
(c) investigate and prosecute preference and other actions
arising under the debtor’s avoiding powers.
(d) assist in the preparation of such pleadings, motions,
notices and orders as are required for the orderly administration
of this estate and to consult with and advise the Debtor in
connection with the operation of or termination of the operation of
the business of debtor;
(e) assist in the preparation of a Plan of Reorganization and
to present said Plan of Reorganization to this Court for approval
and confirmation; and
(f) undertake all other necessary and appropriate legal
representation of the Debtor in this proceeding.
The firm will be paid at these rates:
Marc Honey $375 per hour
Alexandra Honey $225 per hour
Paralegal $125 per hour
Prior to the petition date, the Debtor paid the sum of $2,000.
Marc Honey, Esq., an attorney at Honey Law Firm, 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:
Marc Honey, Esq.
HONEY LAW FIRM, PA
P.O. Box 1254
Hot Springs, AR 71902
Telephone: (501) 321-1007
Facsimile: (501) 321-1255
Email: mhoney@honeylawfirm.com
About Evans Construction, Inc.
Evans Construction, Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Ark. Case No.
25-70644) on April 16, 2025. At the time of filing, the Debtor
estimated up to $50,000 in assets and $100,001 to $500,000 in
liabilities. Michael Evans, president of Evans Construction, signed
the petition.
Marc Honey, Esq. at Honey Law Firm, P. A. represents the Debtor as
counsel.
EVCON RENTALS: Seeks to Hire Honey Law Firm as Bankruptcy Counsel
-----------------------------------------------------------------
Evcon Rentals Corporation seeks approval from the U.S. Bankruptcy
Court for the Western District of Arkansas to hire Honey Law Firm,
P.A. as its attorneys.
The firm will render these services:
(a) advise and consult with the Debtor concerning questions
arising in the conduct of the administration of the estate and
concerning the Debtors rights and remedies with regard to the
estate's assets and claims of secured, priority and unsecured
creditors and other parties in interest;
(b) appear for; prosecute, defend, and represent the Debtor
interest in adversary proceedings and/or contested matters arising
in or related to this case;
(c) investigate and prosecute preference and other actions
arising under the debtor's avoiding powers.
(d) assist in the preparation of such pleadings, motions,
notices and orders as are required for the orderly administration
of this estate and to consult with and advise the Debtor in
connection with the operation of or termination of the operation of
the business of debtor;
(e) assist in the preparation of a Plan of Reorganization and
to present said Plan of Reorganization to this Court for approval
and confirmation; and
(f) undertake all other necessary and appropriate legal
representation of the Debtor in this proceeding.
The firm will be paid at these rates:
Marc Honey $375 per hour
Alexandra Honey $225 per hour
Paralegal $125 per hour
Prior to the petition date, the Debtor paid the sum of $30,000.
Marc Honey, Esq., an attorney at Honey Law Firm, 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:
Marc Honey, Esq.
HONEY LAW FIRM, PA
P.O. Box 1254
Hot Springs, AR 71902
Telephone: (501) 321-1007
Facsimile: (501) 321-1255
Email: mhoney@honeylawfirm.com
About Evcon Rentals Corporation
Evcon Rentals Corporation is an equipment rental company based in
Hot Springs, Arkansas. It provides a range of industrial,
construction, and landscaping equipment for rent to contractors and
individual consumers. The Company operates multiple locations in
the region and offers delivery and pick-up services.
Evcon Rentals Corporation sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Ark. Case No.
25-70643) on April 16, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Richard D. Taylor handles the case.
The Debtor is represented by Marc Honey, Esq. at HONEY LAW FIRM,
P.A.
EYENOVIA INC: Names CBIZ as Auditor After Marcum Resignation
------------------------------------------------------------
CBIZ CPAs P.C. has been appointed as the independent auditor for
Eyenovia Inc. for the fiscal year ending Dec. 31, 2025, following
the approval of the company's Audit Committee, according to a May 2
Form 8-K filing with the Securities and Exchange Commission.
Following CBIZ's acquisition of Marcum LLP's attest business on
Nov. 1, 2024, Marcum resigned as Eyenovia's auditor on May 2,
2025.
Marcum issued unqualified audit opinions on the Company's
consolidated financial statements for fiscal years 2024 and 2023,
with no modifications related to audit scope, accounting
principles, or uncertainties. However, both reports included a
going-concern warning, citing substantial doubt about the Company's
ability to continue operating.
During the fiscal years ended Dec. 31, 2024 and 2023, and through
the interim period ending May 2, 2025, the Company reported no
disagreements with Marcum regarding accounting principles,
financial disclosures, or audit procedures that would have led the
auditor to reference such issues in its reports. The Company also
disclosed no reportable events, except for two material weaknesses
in internal controls identified as of Dec. 31, 2024, which were
detailed in its amended Form 10-K and are currently being
addressed.
During the fiscal years ended Dec. 31, 2024 and 2023, and through
May 2, 2025, neither the Company nor anyone on its behalf consulted
with CBIZ CPAs regarding either: (i) the application of accounting
principles to a specific transaction, either completed or proposed,
or the type of audit opinion that might be rendered on the
Company's financial statements, and neither a written report nor
oral advice was provided to the Company that CBIZ CPAs concluded
was an important factor considered by the Company in reaching a
decision as to the accounting, auditing or financial reporting
issue; or (ii) any matter that was either the subject of a
disagreement (as defined in Item 304(a)(1)(iv) of Regulation S-K
and the related instructions) or any reportable event (as described
in Item 304(a)(1)(v) of Regulation S-K).
About Eyenovia, Inc.
Eyenovia Inc. is an ophthalmic technology company based in Laguna
Hills, California, developing the Optejet platform for topical eye
medication delivery. Following unfavorable trial results for its
MicroPine product in November 2024, the Company restructured
operations, paused product rollouts, and began exploring strategic
alternatives through an investment bank. Eyenovia is now focusing
on accelerating development of the Optejet platform to enhance its
value for potential transactions or fundraising.
In an auditor's report dated April 15, 2025, the Company's auditor,
Marcum LLP, issued a "going concern" qualification, citing that the
Company has a significant working capital deficiency, has incurred
significant losses and needs to raise additional funds to meet its
obligations and sustain its operations.
Eyenovia has incurred net losses of approximately $195.3 million
since inception, has not generated any significant product sales
revenue, and has not achieved profitable operations. The Company's
net losses were approximately $49.8 million and $27.3 million for
the years ended Dec. 31, 2024 and 2023, respectively. The Company
expects to continue to incur substantial losses in future periods
while it continues to test and prepare its product candidates for
the market. The Company warned that it might never become
profitable.
EYENOVIA INC: Posts $49.82M Loss in 2024, Warns of Bankruptcy Risk
------------------------------------------------------------------
Eyenovia, Inc. reported a net loss of $49.82 million on $57,336 in
revenue for the year ending Dec. 31, 2024, compared to a net loss
of $27.26 million on revenue of $3,787 for 2023, according to its
annual report filed with the Securities and Exchange Commission.
The Company warned that if it cannot secure sufficient recurring
revenues or additional capital, it may need to scale back research
and development, cut costs, or potentially file for bankruptcy.
The Company has accumulated net losses of around $195.3 million
since its inception, has not generated significant revenue from
product sales, and has not reached profitability. It expects to
continue incurring substantial losses as it advances its product
candidates toward market readiness. The Company cautioned that it
may never achieve profitability.
Eyenovia's operating needs encompass costs to run its business,
including funding for working capital and capital expenditures.
Future capital requirements and the sufficiency of available funds
will depend on various factors, such as the ability to secure a
strategic partnership or merger, successfully commercialize its
products and services, respond to technological and market
competition, and enter into collaborations or acquisitions to
enhance its offerings.
In an auditor's report dated April 15, 2025, Marcum LLP, issued a
"going concern" qualification, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
Eyenovia expects to continue to incur cash outflows from operations
for the near future. The Company stated that its ability to
implement its plans and continue as a going concern will depend on
generating sufficient recurring revenues and raising additional
capital. This may involve the sale of equity or debt securities or
completing a transaction aligned with the strategic alternatives it
is currently exploring to support future operations.
"We require significant capital resources in order to continue to
operate our business and conduct our exploration of strategic
alternatives, and our limited liquidity could materially and
adversely affect our business operations," the Company said.
As of Dec. 31, 2024, the Company had $3.67 million in total assets,
$16.76 million in total liabilities, and a total stockholders'
deficit of $13.10 million. As of Dec. 31, 2024, the Company had
cash and cash equivalents of $2.1 million. As of March 15, 2025,
it owed $10.2 million in principal and accrued interest under the
Loan and Security Agreement.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/1682639/000141057825000743/eyen-20241231x10k.htm
About Eyenovia, Inc.
Eyenovia Inc. is an ophthalmic technology company based in Laguna
Hills, California, developing the Optejet platform for topical eye
medication delivery. Following unfavorable trial results for its
MicroPine product in November 2024, the Company restructured
operations, paused product rollouts, and began exploring strategic
alternatives through an investment bank. Eyenovia is now focusing
on accelerating development of the Optejet platform to enhance its
value for potential transactions or fundraising.
F21 OPCO: Junior Creditors Jab at Senior Lenders' Treatment
-----------------------------------------------------------
Dorothy Ma of Bloomberg Law reports that some of Forever 21's
junior creditors are raising concerns over the treatment of senior
lenders in the company's U.S. Chapter 11 bankruptcy proceedings.
A group of unsecured creditors has filed an objection to Forever
21's U.S. reorganization plan, according to court documents dated
May 5, 2025. The group argues that the secured lenders are not
genuinely "impaired," citing $1.09 billion in asset-based loans,
$321 million in term loans, and $176 million in subordinated loan
claims. They assert these debts will be fully repaid by non-debtor
affiliated entities that are jointly and severally liable. The
creditors also claim the lenders are "oversecured," as the value of
collateral pledged by these affiliates exceeds the total
debt—though the affiliates were not identified in the filing,
Bloomberg Law reports.
About F21 OpCo
F21 OpCo, LLC is the operator of Forever 21 stores and licensee of
the Forever 21 brand in the United States.
F21 OpCo sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Del. Case No. 25-10469) on March 16, 2025. In its
petition, the Debtor reports estimated assets between $100 million
and $500 million and estimated liabilities between $1 billion and
$10 billion.
The Debtor's proposed advisors include Paul, Weiss, Rifkind,
Wharton & Garrison LLP and Young Conaway Stargatt & Taylor, LLP as
legal counsel, BRG as financial advisor, RCS Real Estate Advisors
as real estate advisor, SSG Capital Advisors, LLC as investment
banker, and Reevemark as communications advisor.
About Forever 21 Inc.
Founded in 1984 by South Korean husband and wife team Do Won Chang
and Jin Sook Chang and headquartered in Los Angeles, Calif.,
Forever 21, Inc. -- http://www.forever21.com/-- is a fast fashion
retailer of women's, men's and kids clothing and accessories and is
known for offering the hottest, most current fashion trends at a
great value to consumers. Forever 21 delivers a curated assortment
of new merchandise brought in daily.
Forever 21, Inc. and seven of its U.S. subsidiaries each filed a
voluntary petition for relief under Chapter 11 of the United States
Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-12122) on Sept.
29, 2019. According to the petition, Forever 21 has estimated
liabilities on a consolidated basis of between $1 billion and $10
billion against assets of the same range.
As of the bankruptcy filing, the Debtors operated 534 stores under
the Forever 21 brand in the U.S. and 15 stores under beauty and
wellness brand, Riley Rose.
The Debtors tapped Kirkland & Ellis LLP as legal advisor; Alvarez &
Marsal as restructuring advisor; and Lazard as investment banker;
and Pachulski Stang Ziehl & Jones LLP as local bankruptcy counsel.
Prime Clerk is the claims agent.
Andrew Vara, acting U.S. trustee for Region 3, appointed a
committee of unsecured creditors on Oct. 11, 2019. The committee is
represented by Kramer Levin Naftalis & Frankel LLP and Saul Ewing
Arnstein & Lehr LLP.
Counsel to the administrative agent under the Debtors' prepetition
revolving credit facility and the Debtors' DIP ABL financing
facility are Morgan, Lewis & Bockius LLP and Richards, Layton &
Finger, PA.
Counsel to the administrative agent under the Debtors' DIP term
loan facility is Schulte Roth & Zabel LLP.
* * *
In February 2020, the Debtor was purchased by a consortium that
includes Authentic Brands Group, Simon Property Group and
Brookfield Property Partners for $81.1 million. As part of the
deal, ABG and Simon will each own 37.5% of the fast-fashion
retailer, while Brookfield controls the remaining 25% of Forever
21's operating and intellectual property businesses.
FAMILY INTERNATIONAL: Case Summary & One Unsecured Creditor
-----------------------------------------------------------
Debtor: Family International Home Builders, LLC
7210 Gulf Blvd
St Pete Beach, FL 33706
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-02915
Judge: Hon. Catherine Peek Mcewen
Debtor's Counsel: Joel Aresty, Esq.
JOEL M. ARESTY PA
309 1st Ave. S.
Tierra Verde, FL 33715
Tel: (305) 904-1903
E-mail: aresty@icloud.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Randell J. Walden Sr. as authorized
member.
The Debtor has identified Hasani Capital LLC, located at 100 Ashley
Dr S, Suite 2125 Tampa, FL 33602, as its sole unsecured creditor,
holding a claim of $50,000.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4Y34EXA/FAMILY_INTERNATIONAL_HOME_BUILDERS__flmbke-25-02915__0001.0.pdf?mcid=tGE4TAMA
FIBRE-TECH INC: Seeks to Hire Johnson Pope as Bankruptcy Counsel
----------------------------------------------------------------
Fibre-Tech Inc. seeks approval from the U.S. Bankruptcy Court for
the Middle District of Florida to hire Johnson, Pope, Bokor,
Ruppel, & Burns, LLP as counsel.
The firm will render these services:
a. give the Debtor legal advice with respect to their duties
and obligations as Debtor in Possession or "DIP";
b. take necessary steps to analyze and pursue any avoidance
actions, if in the best interest of the estate;
c. prepare on behalf of the Debtor the necessary motions,
notices, pleadings, petitions, answers, orders, reports and other
legal papers required in this Chapter 11 case;
d. assist the Debtor in taking all legally appropriate steps
to effectuate compliance with the Bankruptcy Code; and
e. perform all other legal services for the Debtor which may
be necessary including closings of sales of the Debtor’s real
property assets.
The firm will be paid at $500 per hour. The firm received from the
Debtor a retainer of $18,374.40.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Alberto (Al) F. Gomez, Jr., Esq., a partner at Johnson Pope Bokor
Ruppel & Burns, 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:
Alberto (Al) F. Gomez, Jr., Esq.
Johnson Pope Bokor Ruppel & Burns, LLP
400 North Ashley Drive, Ste. 3100,
Tampa, FL 33602
Tel: (813) 225-2500
Email: Al@jpfirm.com
About Fibre-Tech Inc
Fibre-Tech Inc filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-02205) on April 9, 2025, listing $500,001 to $1 million in
assets and $1,000,001 to $10 million in liabilities.
Judge Roberta A Colton handles the case.
Alberto F Gomez, Jr., Esq. at Johnson Pope Bokor Ruppel & Burns,
LLP represents the Debtor as counsel.
FORGE INNOVATION: Reports $1.6 Million Net Loss for FY 2024
-----------------------------------------------------------
Forge Innovation Development Corp. filed with the U.S. Securities
and Exchange Commission its Annual Report on Form 10-K reporting
net loss of $1,560,413 on $668,339 of total revenue for the year
ended December 31, 2024, compared to a net loss of $1,250,242 on
$438,474 of total revenue for the year ended December 31, 2023.
The Company has suffered recurring losses from operations since
inception and negative cash flow from operating activities,
resulting in an accumulated deficit of $3,754,427 as of December
31, 2024.
Rowland Heights, Calif.-based Simon & Edward LLP, the Company's
auditor since 2016, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has suffered recurring losses from operations, has
a net capital deficiency, and has stated that substantial doubt
exists about the Company's ability to continue as a going concern.
In view of these matters, continuation as a going concern is
dependent upon several factors, including the availability of debt
or equity funding upon terms and conditions acceptable to the
Company and ultimately achieving profitable operations.
Management's plan to alleviate the substantial doubt about the
Company's ability to continue as a going concern include attempting
to improve its business profitability, its ability to generate
sufficient cash flow from its operations and execute the business
plan of the Company in order to meet its operating needs on a
timely basis. However, there can be no assurance that these plans
and arrangements will be sufficient to fund the Company's ongoing
capital expenditures and other requirements.
Management believes that the Company's business plan provides it
with an opportunity to continue as a going concern. However,
management cannot provide assurance that the Company will meet its
objectives and be able to continue in operation.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/u2tym4yx
About Forge Innovation
Jurupa Valley, Calif.-based Forge Innovation Development Corp.
focuses on real estate development, land purchasing and selling,
and property management. The Company's primary objective is
commercial and residential land development, including, to a lesser
extent, the possible purchase and sale of real estate, targeting
properties primarily in Southern California.
As of Dec. 31, 2024, the Company had $8,215,198 in total assets,
$6,457,192 in total liabilities, and a total shareholders' equity
of $1,758,006.
FORTNA GROUP: Moody's Cuts CFR to Caa2 & Alters Outlook to Stable
-----------------------------------------------------------------
Moody's Ratings downgraded Fortna Group, Inc.'s (Fortna) corporate
family rating to Caa2 from Caa1 and probability of default rating
to Caa2-PD from Caa1-PD. Concurrently, Moody's downgraded the
senior secured credit facilities to Caa2 from Caa1. The outlook has
been changed to stable from negative.
The downgrades reflect Moody's growing concern that Fortna's
capital structure is unsustainable at current operating levels.
Fortna is entering a period of elevated execution risk in 2025 with
new project starts that require significant working capital
investment exacerbated by the unfavorable impact of tariffs on
customer demand. Liquidity remains weak driven by Moody's
expectations of negative free cash flow through at least 2025, with
much of the cash generation heavily weighted to the second half of
the year. Fortna did improve liquidity to fund expected working
capital investment with the issuance of more debt. Moody's expects
adjusted debt/EBITDA to be around 10.0x over the next several
quarters.
The stable outlook reflects an increase in customer bookings in the
parcel segment since the second half of 2024, a trend Moody's
expects to continue, which will drive revenue growth in 2026
following flat revenue growth expected in 2025.
RATINGS RATIONALE
Fortna's Caa2 CFR reflects Moody's concerns around the
sustainability of the company's capital structure and the growing
probability of a distressed exchange, which is a governance
concern. The company is exposed to volatile revenue and cash flow
due to project-based work and limited aftermarket business. Fortna
will continue to be reliant on large project-based multi-year fixed
price contracts to generate a sizable portion of revenue. Liquidity
is weak, driven by Moody's expectations of negative free cash flow
through at least 2025. Leverage will remain high at around 10.0x,
absent a material inflection in operating performance.
Fortna benefits from its good competitive position within the
parcel and distribution and fulfillment industry and long-standing
customer relationships. Moody's expects secular trends such as
growth in e-commerce and automation to continue to benefit end
markets such as package delivery companies and online operations of
traditional and purely online retailers. Customer bookings,
particularly among parcel customers, have been improving in recent
quarters, which will support revenue growth. However, demand from
distribution and fulfillment customers are more sensitive to the
unfavorable impact of tariffs. The company also benefits from no
near-term debt maturities and an undrawn $225 million committed
revolver.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be downgraded if the probability for a distressed
exchange increases. Ratings could also be downgraded if negative
free cash flow or revenue declines persist.
Ratings could be upgraded if Fortna's capital structure becomes
tenable and if liquidity improves. Sustained deleveraging of the
business could also support an upgrade.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Fortna Group, Inc. ("Fortna") is headquartered in Atlanta, Georgia.
The company provides design services and cost-effective solutions,
powered by Fortna Warehouse Execution Software (WES), that optimize
distribution and fulfillment for speed and accuracy. Fortna also
designs, engineers, manufactures, and installs turnkey material
handling automation solutions for parcel, distribution &
fulfillment, eCommerce, manufacturing and other industries.
Operations are primarily conducted in North America, the United
Kingdom and Europe. The company generated $1.4 billion of total
revenue in 2024.
FREIRICH FOODS: Court Denies Bid to Use Cash Collateral
-------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of North Carolina
issued an order denying Freirich Foods, Inc.'s motion to authorize
use of cash collateral.
The court denied the motion following confirmation of the company's
Chapter 11 plan of reorganization on April 29, which rendered the
motion moot.
About Freirich Foods
Freirich Foods, Inc. is a deli meat processor that produces dry
open-oven roasted products. It has been supplying specialty meats
to select grocers and delis since 1921. Although initially opened
in New York, the business is headquartered in Salisbury, N.C.,
today and has been managed by four generations of the Freirich
family.
Freirich Foods sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D.N.C. Case No. 24-50204) on March 20,
2024, with $13,015,005 in assets and $14,524,627 in liabilities.
Paul Bardinas, president of Freirich Foods, signed the petition.
Judge Benjamin A. Kahn oversees the case.
The Debtor tapped John A Northen, Esq., at Northen Blue, LLP as
legal counsel and The Finley Group, Inc. as financial advisor.
First National Bank of Pennsylvania, as secured creditor, is
represented by:
Matthew P. Weiner, Esq.
Stephanie E. Goodbar, Esq.
Poyner Spruill, LLP
P.O. Box 1801
Raleigh, NC 27602-1801
Telephone: (919) 783-6400
mweiner@poynerspruill.com
sgoodbar@poynerspruill.com
FUTURE FINTECH: Reports $33M Net Loss on $2.2M Revenue for FY 2024
------------------------------------------------------------------
Future FinTech Group Inc. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting net
loss of $33.2 million on $2.2 million of revenue for the year ended
December 31, 2024, compared to a net loss of $34 million on $21.7
million of revenue for the year ended December 31, 2023.
The Company's financial statements are prepared assuming that the
Company will continue as a going concern.
The Company incurred operating losses and had negative operating
cash flows and may continue to incur operating losses and generate
negative cash flows as the Company implements its future business
plan. The Company's operating losses amounted $36.62 million, and
it had negative operating cash flows amounted $21.24 million as of
December 31, 2024. These factors raise substantial doubts about the
Company's ability to continue as a going concern. The Company has
raised funds through issuance of convertible notes and common
stock.
The Company had net working capital of $7.60 million. The Company
had current liabilities of $13.11 million which is expected to get
repaid within twelve months. As of December 31, 2024, the Company
had cash of $4.84 million, accounts receivable of $2.09 million and
loan receivables of $7.09 million, which were expected to be liquid
and used to repay the liabilities. As such, the Company believed it
had sufficient cash to settle the liabilities within the next 12
months.
Orange, Calif.-based Fortune CPA, Inc., the Company's auditor since
2023, issued a "going concern" qualification in its report dated
April 15, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has suffered losses from operations. Therefore, the Company has
stated substantial doubt about its ability to continue as a going
concern.
The ability of the Company to continue as a going concern is
dependent upon its ability to successfully execute its new business
strategy and eventually attain profitable operations. The financial
statements do not include any adjustments that might result from
the outcome of this uncertainty
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/mynf33cj
About Future FinTech Group
New York, N.Y.-based Future FinTech Group Inc. is a holding company
incorporated under the laws of the State of Florida. The Company
historically engaged in the production and sale of fruit juice
concentrates (including fruit purees and fruit juices) and fruit
beverages (including fruit juice beverages and fruit cider
beverages) in the PRC. Due to drastically increased production
costs and tightened environmental laws in China, the Company
transformed its business from fruit juice manufacturing and
distribution to financial technology-related service businesses.
The main business of the Company includes supply chain financing
services and trading in China, asset management business in Hong
Kong, and cross-border money transfer service in the UK.
As of Dec. 31, 2024, the Company had $25.9 million in total assets,
$13.3 million in total liabilities, and a total stockholders'
equity of $12.6 million.
GAVIN SPANIERMAN: Seeks to Hire Frances M. Caruso as Bookkeeper
---------------------------------------------------------------
Gavin Spanierman Ltd. seeks approval from the U.S. Bankruptcy Court
for the Southern District of New York to hire Frances M. Caruso, a
professional practicing in Melville, New York, as its bookkeeper.
The bookkeeper will provide these services:
(a) prepare monthly operating statements and other financial
reports or statements required by the court of the Office of the
United States Trustee, the Bankruptcy Code, the Bankruptcy Rule or
otherwise deemed to be necessary or beneficial to the Debtor and/or
its estate; and
(b) render such other financial assistance or services as may
be necessary in the Chapter 11 case.
Ms. Caruso will be paid at her hourly rate of $75 plus
out-of-expenses.
The bookkeeper requested an up-front retainer payment of $750 from
the Debtor.
Ms. Caruso disclosed in a court filing that she is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The bookkeeper can be reached at:
Frances M. Caruso
Caruso Accounting LLC
Melville, NY 11747
Telephone: (631) 378-3222
About Gavin Spanierman Ltd.
Gavin Spanierman Ltd. operates as Spanierman Modern, an art gallery
located at 958 Madison Avenue in New York City.
Gavin Spanierman filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-10005) on January
3, 2025. In its petition, the Debtor reported estimated assets
between $100,000 and $500,000 and estimated liabilities up to
$50,000.
Eric Zabicki, Esq. of Pick & Zabicki LLP represents the case as
counsel.
GENEVER HOLDINGS: Trustee Taps Hadef & Partners as Local Counsel
----------------------------------------------------------------
Luc Despins, the trustee appointed in the Chapter 11 case of
Genever Holdings Corp.'s owner Ho Wan Kwok, seeks approval from the
U.S. Bankruptcy Court for the District of Connecticut to employ
Hadef & Partners, as local counsel in the United Arab Emirates.
The firm will assist the Chapter 11 Trustee and Kobre & Kim LLP in
the investigation of assets and transfers connected to the Debtor
that may be located in the UAE, and litigation in connection with
such assets.
The 2025 hourly rate of Hadef are between $463 to $1,021 for
lawyers (plus 5 percent VAT), and $272 to $408 for
paraprofessionals (plus 5 percent VAT). Hadef will also bill for
out-of-pocket expenses made on behalf of the Trustee.
Hadef provides the following response to the request for
information set forth in Paragraph D.1. of the Larger Case
Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments
during the 12 months prepetition. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Answer: Not applicable. Hadef has not previously represented the
Chapter 11 Trustee.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: Not applicable.
As disclosed in the court filings, Hadef is a "disinterested
person" within the meaning of section 101(14) of the Bankruptcy
Code, as modified by section 1107(b).
The firm can be reached through:
Karim H. Mahmoud
Hadef & Partners
Level 5, Building 3 Emaar Square,
Downtown Dubai
P.O. Box 37172
Dubai, UAE
About Genever Holdings
Genever Holdings, LLC is the owner of the entire 18th floor
apartment and auxiliary units in the Sherry Netherland Hotel
located at 781 Fifth Ave., N.Y.
Genever Holdings, LLC filed its voluntary petition for Chapter 11
protection (Bankr. S.D.N.Y. Case No. 20-12411) on Oct. 12, 2020,
with $50 million to $100 million in both assets and liabilities. On
Nov. 4, 2022, the case was transferred to the U.S. Bankruptcy Court
for the District of Connecticut and was assigned a new case number
(Case No. 22-50592).
Ho Wan Kwok, owner of Genever Holdings, LLC's parent, Genever
Holdings Corporation, sought Chapter 11 protection (Bankr. D. Conn.
Case No. 22-50073) on Feb. 15, 2022, with $50,001 to $100,000 in
assets and $100 million to $500 million in liabilities. According
to Reuters, Ho Wan Kwok, also known as Guo Wengui, was a former
real estate magnate who fled China for the U.S. in 2014 ahead of
corruption charges. He filed for bankruptcy after a New York court
ordered him to pay lender Pacific Alliance Asia Opportunity Fund
$254 million stemming from a contract dispute.
Genever Holdings Corporation is a company in Road Town, Tortola,
which is engaged in activities related to real estate. It sought
Chapter 11 protection (Bankr. D. Conn. Case No. 22-50542) on Oct.
11, 2022, with $10 million to $50 million in assets and $100
million to $500 million in liabilities.
On Nov. 21, 2022, the Connecticut bankruptcy court ordered the
consolidation of the three cases for procedural purposes. The cases
are jointly administered under Case No. 22-50073 and are assigned
to Judge Julie A. Manning.
Kevin J. Nash, Esq., at Goldberg Weprin Finkel Goldstein, LLP and
Neubert Pepe & Monteith, P.C. serve as Genever Holdings, LLC's
legal counsels.
Neubert, Pepe & Monteith and Harney Westwood and Riegels, LP serve
as Genever Holdings Corporation's bankruptcy counsel and British
Virgin Islands counsel, respectively.
Luc A. Despins, the Chapter 11 trustee appointed in Ho Wan Kwok's
case, tapped Paul Hastings, LLP as bankruptcy counsel; Neubert,
Pepe & Monteith as local and conflicts counsel; and Harney Westwood
and Riegel as British Virgin Islands counsel.
Pullman & Comley, LLC represents the official committee of
unsecured creditors appointed in Ho Wan Kwok's bankruptcy case.
GIL & RIVERA: Seeks Cash Collateral Access
------------------------------------------
Gil & Rivera, LLC asked the U.S. Bankruptcy Court for the Eastern
District of North Carolina, Raleigh Division, for authority to use
cash collateral.
The Debtor aims to continue business operations and reorganize
under Chapter 11 by reducing expenses and maintaining its going
concern value.
The Debtor identifies three creditors -- the U.S. Small Business
Administration, National Funding (Quickbridge) and Byzfunder NY --
as potential parties with an interest in its cash collateral,
though none have yet consented to its use.
At the time of filing, the Debtor had approximately $11,610 in cash
and $103,500 in unencumbered personal property. It plans to use
this cash through a debtor-in-possession (DIP) account to cover
operating expenses and proposes giving creditors replacement liens
on post-petition assets, along with a monthly protection payment of
$1,0356 to the SBA.
The Debtor has opened DIP accounts and transferred all
pre-bankruptcy funds, intending to deposit future revenues into
these accounts for approved disbursements. A proposed operating
budget is included, and the company plans to file a formal
reorganization plan shortly.
About Gil & Rivera
Gil & Rivera, LLC is a commercial and residential fencing
contractor based in Rocky Mount, N.C.
Gil & Rivera filed Chapter 11 petition (Bankr. E.D. N.C. Case No.
25-01470) on April 24, 2025, listing up to $500,000 in assets and
up to $10 million in liabilities. Maria Gil, a member of Gil &
Rivera, signed the petition.
Judge Joseph N. Callaway oversees the case.
Danny Bradford, Esq., at Paul D. Bradford, PLLC, represents the
Debtor as legal counsel.
H & M FINE ART: Seeks Chapter 11 Bankruptcy in California
---------------------------------------------------------
On May 2, 2025, H & M Fine Art and Custom Framing Corp. filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the Southern District of California. According to court filing,
the Debtor reports between $50,000 and $100,000 in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
About H & M Fine Art and Custom Framing Corp.
H & M Fine Art and Custom Framing Corp. is a small business
specializing in fine art sales and custom framing services.
H & M Fine Art and Custom Framing Corp. sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Cal. Case No.
25-71718) on May 2, 2025. In its petition, the Debtor reports
estimated assets between $500,000 and $1 million and estimated
liabilities between $50,000 and $100,000.
Honorable Bankruptcy Judge Alan S. Trust handles the case.
The Debtor is represented by Thomas A. Farinella, Esq. at Law
Office Of Thomas A. Farinella, PC.
HANDLOS FINISHING: Court OKs Deal to Use Cash Collateral
--------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of California
approved a stipulation allowing Handlos Finishing, LLC and its
affiliates to use the cash collateral of their secured creditors.
The stipulation authorizes the Debtors' interim use of the cash
collateral of Farm Credit Services of America, PCA, and Farm Credit
Services of America, FLCA through May 13.
The cash collateral, which includes proceeds and revenues generated
from the Debtors' operations, is encumbered by the secured
creditors' valid, perfected liens. These creditors are owed
approximately $69.4 million.
As protection, the secured creditors were granted first priority
lien on and security interest in the Debtors' post-petition
collateral, subject to superior liens in the collateral held by
other creditors.
In case of any diminution in the value of their interests, the
secured creditors will be granted a superpriority claim.
As further protection, the Debtors will make interest-only monthly
payments to the secured creditors in an amount equal to 6.5% of the
outstanding balance as of the petition date.
About Handlos Finishing
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 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 reported assets between $1
million and $10 million and liabilities between $50 million and
$100 million.
The Debtor is represented by Jeffrey D. Goetz, Esq., at Dickinson,
Bradshaw, Fowler & Hagen, P.C.
HIGHLAND GROUP: Creditors to Get Proceeds From Liquidation
----------------------------------------------------------
Highland Group, LLC and Brewster Plastics, Inc., filed with the
U.S. Bankruptcy Court for the Southern District of New York a
Disclosure Statement with respect to Chapter 11 Plan of Liquidation
dated April 2, 2025.
Highland's sole member is Robert P. Wallace. Highland was the
beneficial owner and lessee of the real property located at 60 Jon
Barrett Road, Patterson, New York 12563 (the "Property").
Highland was the fee owner of the Property prior to January 1,
2010, on or after which time it: (i) conveyed title to the Property
to Putnam County Industrial Development Agency ("PCIDA") under a
Deed dated January 29, 2010 in order to obtain certain tax
benefits; and (ii) entered into an Agency Lease Agreement, dated as
of January 1, 2010, pursuant to which PCIDA leases the Property
back to the Debtor.
Highland leased the Property to its affiliate, Brewster Plastics,
Inc. pursuant to a sublease dated May 7, 2009, for its continued
use of the Property for its plastic molding business.
Brewster was a family-owned company headquartered in Patterson, New
York. Brewster leased its premises from its affiliate, Highland at
60 Jon Barrett Road, Patterson, NY 12563. Brewster was founded over
fifty years ago in 1971 by Robert Wallace, as a plastics injection
molding manufacturer.
Brewster filed its voluntary petition under chapter 11 on June 3,
2024 so that it could continue to operate while pursuing an orderly
sale of its assets. During the case Debtors sold the Brewster
business as a going concern and the Property under the supervision
of the Bankruptcy Court. The Sale of these assets closed in October
31, 2024 and the proceeds of the Sale will fund the Debtors' Joint
Plan of Liquidation.
As of March 10, 2025 Highland was holding approximately $311,000.00
of sale proceeds and Brewster was holding approximately
$779,000.00. The Debtors expect that Administrative Professional
Fees will be approximately $65,000.00 in the Highland case and
approximately $80,000.00 in the Brewster case. After Bankruptcy
Court approval and payment of counsel fees all remaining funds will
be distributed in the order of priority under the Bankruptcy Code.
The Plan provides for the payment of the Debtors' creditors, from
the Sale of the Highland Real Property and Brewster's business
assets. Pursuant to the Plan, the Debtors will pay all Secured
Claims, Allowed Administrative Expense Claims and Priority Claims
in full. Holders of General Unsecured Claims will receive a pro
rata Distributions of sale proceeds after payment of senior claims
and costs of administering the Debtors' cases.
The Debtors' Plan is a liquidating one. Brett Wallace will assist
in the completion of the case and making distributions to
Creditors.
Class 3 consists of all Allowed General Unsecured Claims. Class 3
Claims are impaired under the Plan. On the Effective Date, or as
soon thereafter as is reasonably practicable, the PostConfirmation
Debtors shall make an initial Unsecured Creditor Distribution to
the holders of Allowed Class 3 Claims, which shall be distributed
on a pro rata basis to such holders.
Class 4 consists of all Interests. On the Effective Date, equity
interests in the Debtors shall be unaffected by the Plan; provided,
however, that holders of Class 4 Interests will not receive any
distributions on account of their Interests.
The Post-Confirmation Debtors will deposit proceeds of the
liquidation of estate assets into a fund for Distributions to be
made under the Plan (the "Distribution Fund"). This account will be
the account established by the Debtors to deposit sale proceeds
during the chapter 11 case. The Distribution Fund shall be used to
pay the post-Confirmation Date expenses of the estate, including
the fees and expenses of the Post-Confirmation Debtors (for
implementing and administering the Plan), and their professionals.
The source of funds to consummate the Plan will be the Debtors'
Cash as of the Effective Date, and the proceeds of the Sale.
A full-text copy of the Disclosure Statement dated April 2, 2025 is
available at https://urlcurt.com/u?l=X5Ac20 from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Gerard R. Luckman, Esq.
FORCHELLI DEEGAN TERRANA LLP
333 Earle Ovington Blvd., Suite 1010
Uniondale, NY 11553
Tel: 516-812-6291
E-mail: GLuckman@forchellilaw.com
About Highland Group
Highland Group, LLC is a single asset real estate debtor (as
defined in 11 U.S.C. Section 101(51B)). It owns the real property
located at 60 Jon Barrett Road, Patterson, N.Y., with a current
value of $6.06 million.
Highland Group filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No.
24-35296) on March 27, 2024, with $6,064,000 in assets and
$7,217,008 in liabilities. On June 3, 2024, Brewster Plastics, Inc.
filed Chapter 11 petition (Bankr. S.D.N.Y. Case No. 24-35576), with
$1 million to $10 million in both assets and liabilities.
Gerard R. Luckman, Esq., at Forchelli Deegan Terrana, is the
Debtors' legal counsel.
HOOPERS DISTRIBUTING: Gets Extension to Access Cash Collateral
--------------------------------------------------------------
Hoopers Distributing, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to use
cash collateral.
The fourth interim order authorized the company to use cash
collateral for its operating expenses in accordance with its
budget, with a 10% variance allowed.
The budget shows the company's projected expenses of $135,913.86
for the period from May 1 to 30.
As protection, Kapitus, LLC's and Kalamata Capital Group, LLC's
liens will extend to Hoopers' post-petition cash generated from
sales and all other assets against which the secured creditors held
liens.
As additional protection, Kapitus will receive a cash payment of
$1,334.17 by May 15.
The interim order will remain in full force and effect until June
4; the replacement of or termination of the fourth interim order by
a subsequent order; or the filing of a notice of default, whichever
comes first.
The next hearing is scheduled for June 4.
About Hoopers Distributing
Hoopers Distributing, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-00447) on
February 7, 2025, listing between $500,001 and $1 million in both
assets and liabilities. J.M. Cook serves as Subchapter V trustee.
Judge Joseph N. Callaway presides over the case.
Benjamin E.F.B. Waller, Esq., at Hendren, Redwine & Malone, PLLC is
the Debtor's legal counsel.
Kapitus, LLC, as secured creditor, is represented by:
Byron L. Saintsing, Esq.
Smith Debnam Narron Drake Saintsing & Myers, LLP
P.O. Box 176010
Raleigh, NC 27619-6010
Telephone: (919) 250-2000
bsaintsing@smithdebnamlaw.com
JACKSON HOSPITAL: Taps Ronald Dreskin of Eisner Advisory as CEO
---------------------------------------------------------------
Jackson Hospital & Clinic, Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of Alabama to employ
Ronald Dreskin, principal of Eisner Advisory Group LLC, as Interim
CEO.
Mr. Dreskin shall serve as the CEO of Hospital and shall perform
such duties as are typically performed by the CEO of similarly
situated hospitals and health care institutions, as well as such
specific duties as may be assigned to Consultant by the Board of
Directors of the Hospital, including the following: being
responsible for managing the day-to-day operations of the Hospital
and its affiliates; establishing a system that strives to assure
that high quality care is provided; supporting the sound fiscal
operation of the Hospital while promoting services that are
produced in a cost-effective manner; promoting ongoing compliance
with regulatory agencies and accrediting bodies while continually
monitoring the organization's service and delivery system;
furthering optimal fulfillment of the institution's charter,
mission and philosophy in response to the identified needs of the
community; and responding to the Hospital's physicians, physician
assistants, nurse practitioner, registered nurses, and any other
clinical personnel with the authority to diagnoses and/or render
medical care to a patient, employees and patients.
In addition, the Consultant will work closely with the Board of
Directors of the Hospital, management team and leadership of the
organized Medical Staff in developing the strategic direction and
major policies of the institution.
Mr. Dreskin will be paid at the rate of $650 per hour.
Mr. Dreskin assured the court that he is a "disinterested person"
within the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Ronald Dreskin
70 Forest Street, Apt. 7C
Stamford CT 06901
Tel: (212) 324-2295
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
JAGUAR HEALTH: Registers 1.29M Common Shares for Resale
-------------------------------------------------------
Jaguar Health, Inc. filed a Registration Statement on Form S-3 with
the U.S. Securities and Exchange Commission relating to the resale
of up to 1,291,882 shares of the Company's voting common stock, par
value $0.0001 per share, by the Selling Stockholders:
* Intracoastal Capital LLC
* Lincoln Alternative Strategies LLC
* 3i, LP
* Streeterville Capital LLC
* Lisa A. Conte
* Pravin Chaturvedi, Ph.D.
* Steven R. King, Ph.D.
* Jonathan S. Wolin
* Carol Lizak
* Bochnowski Family Trust
* JBS Healthcare Ventures LLC
* John Micek III
* Niccolo Caderni
* Mark Johnson
* David F. Sesin
* Ian Wendt
* Chesterfield Property Investments Ltd
* Martin Dunn
* Jon D and Linda W Gruber Trust
* Joshua Mailman
* Joshua Mailman Foundation
* EJM 2012 Trust
* Douglas Novick
* Roy L Rogers 2020 Dynasty Trust
* Roy L Rogers Survivor's Trust
* Roy and Ruth Rogers Unitrust
* Brian & Suzanne Swift Liv Trust dated 3.13.91 as amended
* QiuSheng Wang
* WBW Trust Number One
* Noam Rubinstein
* Craig Schwabe
* Michael Vasinkevich
* Charles Worthman
The shares of Common Stock registered for resale pursuant to the
prospectus consist of:
(i) 631,922 shares of Common Stock issuable upon the
conversion of the 6% convertible promissory notes,
(ii) 622,584 shares of Common Stock issuable upon the exercise
of common warrants, and
(iii) 37,376 shares of Common Stock issuable upon the exercise
of certain warrants issued to the Company's placement agent.
The Notes and Warrants were issued to the Selling Stockholders in a
private placement offering that closed on March 31, 2025.
The Notes are immediately convertible, at each holder's option, in
part or in full, into Conversion Shares at a conversion price of
$5.535 per share for holders who are not an officer, director,
employee or consultant of the Company, and $5.555 per share for
holders who are Company Insiders. The Common Warrants have an
exercise price of $5.41 per share for holders who are not Company
Insiders, and $5.43 per share for holders who are Company Insiders,
and are exercisable immediately upon issuance and will expire on
the earlier of:
(i) five years from the date of issuance,
(ii) the consummation of a fundamental transaction and
(iii) the consummation of a liquidation event.
The Placement Agent Warrants have substantially the same terms as
the Warrants, except that the Placement Agent Warrants have an
exercise price of $6.9188 per share.
The Selling Stockholders may, from time to time, sell, transfer or
otherwise dispose of any or all of their shares of Common Stock or
interests in their shares of Common Stock on any stock exchange,
market or trading facility on which the shares of Common Stock are
traded or in private transactions. These dispositions may be at
fixed prices, at prevailing market prices at the time of sale, at
prices related to the prevailing market price, at varying prices
determined at the time of sale, or at negotiated prices. Jaguar
Health will not receive any proceeds from the resale or other
disposition of the shares of Common Stock by the Selling
Stockholders. However, the Company will receive the proceeds of any
cash exercise of the Warrants.
The Company's Common Stock is listed on the Nasdaq Capital Market
under the symbol "JAGX." On April 14, 2025, the last reported sale
price of its Common Stock on Nasdaq was $5.21.
A full-text copy of the Registration Statement is available at:
https://tinyurl.com/2t9rn4xr
About Jaguar Health
Jaguar Health, Inc. -- http://www.jaguar.health-- is a
commercial-stage pharmaceuticals company focused on developing
novel, plant-based, sustainably derived prescription medicines for
people and animals with gastrointestinal ("GI") distress, including
chronic, debilitating diarrhea. Jaguar Health's wholly owned
subsidiary, Napo Pharmaceuticals, Inc., focuses on developing and
commercializing proprietary plant-based human pharmaceuticals from
plants harvested responsibly from rainforest areas. The Company's
crofelemer drug product candidate is the subject of the OnTarget
study, a pivotal Phase 3 clinical trial for prophylaxis of diarrhea
in adult cancer patients receiving targeted therapy.
Larkspur, California-based RBSM, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
Mar. 31, 2025, attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that the Company has an
accumulated deficit, recurring losses, and expects continuing
future losses. These conditions raise substantial doubt about the
Company's ability to continue as a going concern. The Company,
since its inception, has incurred recurring operating losses and
negative cash flows from operations and has an accumulated deficit
of $346.5 million as of December 31, 2024.
As of Dec. 31, 2024, the Company had $53.4 million in total assets,
$44.4 million in total liabilities, $2.5 million in commitments and
contingencies and a total stockholders' equity of $6.5 million.
JAGUAR HEALTH: Registers 56,755 Shares Under 2014 Incentive Plan
----------------------------------------------------------------
Jaguar Health, Inc. filed a Registration Statement on Form S-8 with
the U.S. Securities and Exchange Commission relating to 56,755
shares of its common stock, par value $0.0001 per share, issuable
to eligible employees, consultants, and non-employee directors
under the Company's 2014 Stock Incentive Plan, as amended and
restated through June 21, 2024, which Common Stock is in addition
to:
(a) the .0004 share of Common Stock registered on the
Company's Form S-8 filed on May 18, 2015 (File No. 333-204280),
(b) the .0048 shares of Common Stock registered on the
Company's Form S-8 filed on December 23, 2016 (File No.
333-215303),
(c) the .0188 shares of Common Stock registered on the
Company's Form S-8 filed on August 14, 2017 (File No. 333-219939),
(d) the .002 shares of Common Stock registered on the
Company's Form S-8 filed on May 18, 2018 (File No. 333-225057),
(e) the 14 shares of Common Stock registered on the Company's
Form S-8 filed on April 24, 2020 (File No. 333-237816),
(f) the 17 shares of Common Stock registered on the Company's
Form S-8 filed on May 28, 2021 (File No. 333-256626),
(g) the 21 shares of Common Stock registered on the Company's
Form S-8 filed on April 13, 2022 (File No. 333-264276),
(h) the 73 shares of Common Stock registered on the Company's
Form S-8 filed on April 6, 2023 (File No. 333-271156),
(i) the 1,800 shares of Common Stock registered on the
Company's Form S-8 filed on August 14, 2023 (File No. 333-273973),
and
(j) the 2,447 shares of Common Stock registered on Company's
Form S-8 filed on April 1, 2024 (File No. 333-278429).
All of the share amounts presented reflect the 15-to-1 reverse
stock split effective June 1, 2018, the 70-to-1 reverse stock split
effective June 7, 2019, the 3-to-1 reverse stock split effective
September 8, 2021, the 75-to-1 reverse stock split effective
January 23, 2023, the 60-to-1 reverse stock split effective May 23,
2024, and the 25-to-1 reverse stock split effective March 24,
2025.
A full-text copy of the Registration Statement is available at:
https://tinyurl.com/mwubcvdh
About Jaguar Health
Jaguar Health, Inc. -- http://www.jaguar.health-- is a
commercial-stage pharmaceuticals company focused on developing
novel, plant-based, sustainably derived prescription medicines for
people and animals with gastrointestinal ("GI") distress, including
chronic, debilitating diarrhea. Jaguar Health's wholly owned
subsidiary, Napo Pharmaceuticals, Inc., focuses on developing and
commercializing proprietary plant-based human pharmaceuticals from
plants harvested responsibly from rainforest areas. The Company's
crofelemer drug product candidate is the subject of the OnTarget
study, a pivotal Phase 3 clinical trial for prophylaxis of diarrhea
in adult cancer patients receiving targeted therapy.
Larkspur, California-based RBSM, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
Mar. 31, 2025, attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that the Company has an
accumulated deficit, recurring losses, and expects continuing
future losses. These conditions raise substantial doubt about the
Company's ability to continue as a going concern. The Company,
since its inception, has incurred recurring operating losses and
negative cash flows from operations and has an accumulated deficit
of $346.5 million as of December 31, 2024.
As of Dec. 31, 2024, the Company had $53.4 million in total assets,
$44.4 million in total liabilities, $2.5 million in commitments and
contingencies and a total stockholders' equity of $6.5 million.
JDI CUMBERLAND: Case Summary & 12 Unsecured Creditors
-----------------------------------------------------
Debtor: JDI Cumberland Inlet, LLC
8200 Roberts Drive
Ste. 475
Atlanta, GA 30350
Business Description: JDI Cumberland Inlet, LLC is engaged in real
estate-related activities. The Company
focuses on property development and related
investment ventures.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-55072
Debtor's Counsel: William Rountree, Esq.
ROUNTREE, LEITMAN, KLEIN & GEER, LLC
2987 Clairmont Road Suite 350
Atlanta GA 30329
Tel: 404-584-1238
E-mail: wrountree@rlkglaw.com
Estimated Assets: $100 million to $500 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by James F. Jacoby as authorized
representative of the Debtor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RVOJWAA/JDI_Cumberland_Inlet_LLC__ganbke-25-55072__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 12 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Safe and Green Development Corp. Monies Loaned/ $4,500,000
fka SG Development Crop Advanced
2. Camden County Tax Taxes & Other $125,000
Commissioner Government Units
PO Box 698
Woodbine, GA, 31569
3. Brasfield & Gorrie, LLC Services $31,846
3021 7th Avenue South
Birmingham, AL, 35233
4. The Ligon Firm Services $30,453
158 Scranton Connector
Brunswick, GA, 31525
5. City of St. Mary's Taxes & Other $25,000
418 Osborne Street Government Units
Saint Marys, GA, 31558
6. Marketing Eye, LLC Suppliers or $24,400
3344 Peachtree Road, Ste. 800 Vendors
Atlanta, GA, 30326
7. Terracon Suppliers or $23,688
10841 S. Ridgeview Road Vendors
Olathe, KS, 66061
8. Dentons US LLP Services $21,686
303 Peachtree St NE Ste 5300
Atlanta, GA, 30308
9. Ecological Solutions, Inc. Suppliers or $6,000
630 Colonial Park Drive, Ste. 200 Vendors
Roswell, GA, 30075
10. The Abram Law Group, LLC Services $2,920
1200 Ashwood Parkway
Ste. 560
Atlanta, GA, 30338
11. Dougherty Architecture Services $2,500
& Design, P.A.
4475 Legendary Drive, Ste. D
Destin, FL, 32541
12. AKM Surveying, Inc. Suppliers or $1,080
PO Box 5730 Vendors
Saint Marys, GA, 31558
JMG VENTURES: Unsecured Creditors to Split $390K over 60 Months
---------------------------------------------------------------
JMG Ventures, LLC, submitted an Amended Plan of Reorganization
dated April 2, 2025.
This Amended Plan under Chapter 11 of the United States Bankruptcy
Code proposes to pay creditors of the Debtor from future revenue
generated by the Debtor though the continued operation of Middleton
Jewelers. cash flow from operations.
Non-priority unsecured claimants holding allowed claims, estimated
in the total amount of $841,006.30, which amounts include the
claims of claimants in Classes 7 and 8, and the unsecured portion
of the claim of the U.S. Small Business Administration and the
Internal Revenue Service, as discussed herein, will share on a pro
rata basis in the total amount of $390,000.00, which amount
represents an amount based upon the average of the Debtor's year
end disposable income for 2026, 2027, 2028, 2029 as shown on the
Debtor's cash flow projections, which amount was further adjusted
downward by approximately 10% to account for unanticipated business
interruptions, negative changes in the Debtor's cash flow due to
downward trends in the retail jewelry industry, and potential
impacts of tariffs expected to be imposed by the current
administration, on the jewelry industry.
This amount will provide claimants holding non-priority unsecured
claims a distribution of approximately 46% of each claimant's
claim.
This Amended Plan provides for full payment of administrative
expenses and priority claims.
Class 9 consists of Nonpriority unsecured creditors. All
non-priority unsecured claims allowed under § 502 of the code,
estimated in the total amount of $841,006.30, which amounts include
the claims of claimants in Classes 7 and 8, and the unsecured
portions of each of the SBA and the IRS's claims, will share on a
pro-rata basis from a total of $390,000.00, paid over 60 months, at
0.0% interest, and paid in monthly installments of $6,500.00 with
payments to commence on the 21st day of the first full month
following the Effective Date, anticipated to be May 21, 2025, and
all subsequent payments to be paid on the 21st day of each
following month until paid in full.
Class 10 consists of Equity security holders of the Debtor. Manmeet
Soin shall retain his equity ownership interest in the Debtor and
shall be paid his W-2 wages as specified herein on account of his
continued management and operation of the Debtor's business, all
subject to the terms and conditions of this Amended Plan.
The Debtor will implement and fund the Amended Plan by continuing
to operate Middleton Jewelers and generate income, as set forth
herein and in the attached financial projections. Soin shall remain
as sole member of the Debtor and manager of Middleton Jewelers, and
the Debtor shall make all disbursements pursuant to the terms of
this Amended Plan.
The Amended Plan will be funded with cash on hand, future operating
revenue, and outstanding accounts receivable. The Amended Plan is
feasible, pursuant to Section 1129(a)(11) of the Bankruptcy Code,
based on the projected income of the Debtor over the term of the
Amended Plan.
A full-text copy of the Amended Plan dated April 2, 2025 is
available at https://urlcurt.com/u?l=gXkmTX from PacerMonitor.com
at no charge.
JMG Ventures, LLC is represented by:
Eliza M. Reyes, Esq.
RICHMAN & RICHMAN LLC
122 W. Washington Avenue, Suite 850
Madison, WI 53703-2732
Tel: (608) 630-8990
Fax: (608) 630-8991
Email: ereyes@randr.law
About JMG Ventures
JMG Ventures, LLC is a limited liability company in Middleton,
Wis., which conducts business under the name Middleton Jewelers.
JMG Ventures filed Chapter 11 petition (Bankr. W.D. Wis. Case No.
24-11650) on August 19, 2024, with $100,000 to $500,000 in assets
and $1 million to $10 million in liabilities. Manmeet Soin,
managing member, signed the petition.
Judge Beth E. Hanan oversees the case.
The Debtor is represented by Eliza M. Reyes, Esq., at Richman &
Richman, LLC.
KIN DEE: Gets Interim OK to Use Cash Collateral Until May 27
------------------------------------------------------------
Kin Dee, LLC got the green light from the U.S. Bankruptcy Court for
the Southern District of Texas, Houston Division to use cash
collateral.
The order penned by Judge Eduardo Rodriguez authorized the
company's interim use of cash collateral through May 27, in
accordance with its budget.
The 30-day budget projects total operational expenses of
$182,172.83.
As protection for the sue of their cash collateral, secured
creditors were granted a replacement lien on the company's
post-petition property to the same extent and with the same
validity and priority as their pre-bankruptcy lien.
All replacement and pre-bankruptcy liens are subject and
subordinate to a carve-out for Clerk of the Court fees; U.S.
Trustee fees and other fees approved by the court.
A final hearing is set for May 27.
About Kin Dee LLC
Kin Dee, LLC manages and operates Thai restaurants at two leased
locations.
Kin Dee sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Texas Lead Case No. 25-32199) on April 23, 2025. In
its petition, the Debtor reported assets of $30,301 and liabilities
of $1,168,956.
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.
KRT INC: Seeks to Hire Ritchie Brothers as Real Estate Broker
-------------------------------------------------------------
KRT Inc. seeks approval from the U.S. Bankruptcy Court for the
District of Wyoming to hire Ritchie Brothers, Inc as auctioneer in
connection with the sale of a certain property.
All compensation, fees and expense reimbursement of Ritchie
Brothers, Inc. is subject to approval by the Court.
Ritchie Brothers does not hold an interest adverse to the estate
and is a disinterested party, according to court filings.
The firm can be reached through:
Jeff Heley
Ritchie Brothers, Inc.
4444 Ritchie Dr
Longmont, CO 80504
Tel. (970) 535-6700
About KRT Inc.
KRT Inc. operates within the specialized freight trucking
industry.
KRT Inc. sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Wyo. Case No. 25-20036) on February 7, 2025. In its
petition, the Debtor reports total assets of $6,382,948 and total
liabilities of $7,272,774.
Honorable Bankruptcy Judge Cathleen D. Parker handles the case.
The Debtor is represented by Clark D. Stith, Esq. at CLARK D.
STITH.
KTRV LLC: Seeks Approval to Hire Ritchie Bros. as Auctioneer
------------------------------------------------------------
KTRV LLC seeks approval from the U.S. Bankruptcy Court for the
District of Delaware to hire Ritchie Bros. Auctioneers (America),
Inc. as auctioneer.
The Debtors require an auctioneer to market and ultimately sell the
equipment for the highest and best value and receive a commission
based on a fixed 7 percent of the gross price.
As disclosed in the court filings, Ritchie Bros. Auctioneers
represents no interest adverse to Debtor or its bankruptcy estate
and meets the requirements for employment under 11 U.S.C. Secs.
101(14) and 327(a).
The firm can be reached through:
James W. Chadwick II
Ritchie Bros. Auctioneers (America), Inc.
Two Westbrook Corporate Center, Suite #500,
Westchester, IL 60154
About KTRV LLC
KTRV is a Delaware holding company whose sole asset is its
membership interest in HCNR, a Pennsylvania limited liability
company. HCNR owns and operates five coal mines and related
operations in Pennsylvania and Maryland.
KTRV LLC and Heritage Coal & Natural Resources, LLC sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case
No. 25-10601) on March 30, 2025. The petitions were signed by Brian
Ryniker as chief restructuring officer. In the petition, KTRV LLC
reported estimated assets of $50 million to $100 million and
estimated liabilities of $50 million to $100 million, and Heritage
Coal reported estimated assets of $100 million to $500 million and
estimated liabilities of $100 million to $500 million
The Debtors are represented by Morris James LLP. The Debtors'
restructuring advisor is RKC, LLC d/b/a RK Consultants LLC, and the
Debtors' claims and noticing agent is Stretto Inc.
KULA GRAIN: Seeks to Hire Allen Vellone Wolf Helfrich as Counsel
----------------------------------------------------------------
Kula Grain Co. Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Colorado to hire Allen Vellone Wolf Helfrich &
Factor P.C. as counsel.
The firm will handle all matters concerning the administration of
the Estate, including preparation of the bankruptcy statements and
schedules, a plan of reorganization and disclosure statement, and
any contested matters or adversary proceedings.
The firm will be paid at these rates:
Jeffrey Weinman $650 per hour
Jordan Factor $675 per hour
Bailey C. Pompea $425 per hour
Paralegals $120 to 225 per hour
The firm received a prepetition retainer in the amount of $35,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Jeffrey Weinman, Esq., a partner at Allen Vellone Wolf Helfrich &
Factor, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Jeffrey A. Weinman, Esq.
Bailey C. Pompea, Esq.
Allen Vellone Wolf Helfrich & Factor P.C.
1600 Stout Street, Suite 1900
Denver, CO 80202
Tel: (303) 534-4499
Email: JWeinman@allen-vellone.com
Email: BPompea@allen-vellone.com
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.
KWENCH JUICE: Trustee Taps Verdolino & Lowey P.C. as Accountant
---------------------------------------------------------------
Stephen Darr, the trustee appointed in the Chapter 11 case of
Kwench Juice Franchising, Inc., seeks approval from the U.S.
Bankruptcy Court for the District of Massachusetts to employ
Verdolino & Lowey, P.C. as his accountants.
The firm will render these services:
a. complete necessary federal and state tax returns;
b. provide advice to the Trustee with respect to tax issues as
they may arise; and
c. perform such other accounting and tax services deemed
necessary by the Trustee.
The firm will seek compensation based upon its normal and usual
billing rates and will seek reimbursement of expenses incurred on
behalf of the Debtor.
Craig R. Jalbert, principal at Verdolino & Lowey, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Craig R. Jalbert
Verdolino & Lowey PC
124 Washington St., Ste. 101
Foxboro, MA 02035
Tel: (508) 543-1720
Fax: (508) 543-4114
Email: cjalbert@vlpc.com
About Kwench Juice Franchising
Kwench Juice Franchising, Inc. operates a cafe in Boston under the
trade name Kwench Juice Cafe, which features juices and fruit
smoothies.
Kwench Juice Franchising sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 24-12587) on December 26,
2024. In its petition, the Debtor reported up to $50,000 in assets
and up to $1 million in liabilities.
Judge Christopher J. Panos handles the case.
Barry Levine, Esq., represents the Debtor as legal counsel.
Stephen Darr was appointed as trustee in this Chapter 11 case. The
trustee tapped Murphy & King, Professional Corporation as his
counsel.
LABOR LAW: Hires Plunkett Cooney PC as Special Counsel
------------------------------------------------------
Labor Law Poster Service, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Michigan to hire
Plunkett Cooney, PC as special counsel.
The firm will assist the Debtors in defending the Washington No.
24-2-00464-5 SEA and to evaluate, and possibly prosecute, a
potential appeal.
The firm will be compensated hourly at its standard hourly rates,
which range from $335 to $145 for this engagement.
Plunkett Cooney currently holds $150,000 in retainer funds.
Plunkett Cooney does not represent or hold any other interest
adverse to Debtors' bankruptcy estates or the Debtors, according to
court filings.
The firm can be reached through:
Peter Cronk, Esq.
Plunkett Cooney, PC
101 N. Washington Square, Suite 1200
Lansing, MI 48933
Tel: (517) 333-6598
Fax: (248) 901-4040
Email: pcronk@plunkettcooney.com
About Labor Law Poster Service, LLC
Labor Law Poster Service, LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. MI Case
No. 25-00924), listing $100,001 to $500,000 in assets and $50,000
in liabilities.
Judge John T Gregg presides over the case.
Anthony J. Kochis, Esq. at Wolfson Bolton Kochis PLLC represents
the Debtor as counsel.
LABOR LAW: Taps Merrick Hofstedt & Lindsey as Local Counsel
-----------------------------------------------------------
Labor Law Poster Service, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Michigan to hire
Merrick, Hofstedt & Lindsey, P.S. as local counsel.
The firm will assist Plunkett Cooney, PC and Debtors in defending
the proceeding against the State of Washington, Case No.
24-2-00464-5 SEA.
Merrick Hofstedt will be compensated hourly at its standard hourly
rates, which range from $265 to $375 for this engagement.
Pre-petition, Plunkett Cooney, PC was paid an appellate retainer of
$150,000, which will be utilized by both MHL and Plunkett Cooney,
PC to pay for special litigation counsel services.
The firm does not represent or hold any other interest adverse to
Debtors' bankruptcy estates or the Debtors, according to court
filings.
The firm can be reached through:
Philip R. Meade, Esq.
Merrick, Hofstedt & Lindsey, P.S.
3101 Western Avenue, Suite 200
Seattle, WA 98121
Phone: (206) 682-0610
Fax: (206) 467-2689
Email: pmeade@mhlseattle.com
About Labor Law Poster Service, LLC
Labor Law Poster Service, LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. MI Case
No. 25-00924), listing $100,001 to $500,000 in assets and $50,000
in liabilities.
Judge John T Gregg presides over the case.
Anthony J. Kochis, Esq. at Wolfson Bolton Kochis PLLC represents
the Debtor as counsel.
LAURENT TOWER: Case Summary & Two Unsecured Creditors
-----------------------------------------------------
Debtor: Laurent Tower, LLC
Victoria Tower
c/o William Wendlandt
1908 N. Laurent St.
Victoria, TX 77901
Business Description: Laurent Tower, LLC is a real estate company
based in Victoria, Texas. It operates the
Victoria Tower, a six-story Class A office
building offering 105,000 square feet of
office space.
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-10669
Judge: Hon. Shad Robinson
Debtor's Counsel: Ronald Smeberg, Esq.
THE SMEBERG LAW FIRM
4 Imperial Oaks
San Antonio TX 78248-1609
Tel: (210) 695-6684
Email: ron@smeberg.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by William Wendlandt 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/GEZSLXI/Laurent_Tower_LLC__txwbke-25-10669__0001.0.pdf?mcid=tGE4TAMA
LIL GENIES: Taps Rosen Tsionis & Pizzo as Bankruptcy Counsel
------------------------------------------------------------
Lil Genies Daycare LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Rosen, Tsionis &
Pizzo, PLLC as counsel.
The firm's services include:
(a) analysis of the financial situation, and rendering advice
and assistance to the Debtor in determining whether to file a
petition under the Bankruptcy Code;
(b) preparation and filing of the petition, schedules,
statement of financial affairs, and other documents required by the
Court;
(c) representation of the Debtor at the Section 341(a) meeting
of creditors;
(d) preparation of motions, documents, and applications in
connection with the case; and
(e) provision of legal advice to the Debtor in connection with
all matters pending before the Court.
The firm will be paid at these rates:
Partners Up to $690 per hour
Associates Up to $590 per hour
Paraprofessionals Up to $200 per hour
The firm received an initial retainer in the amount of $20,488.
Rosen, Tsionis & Pizzo does not hold or represent an interest
adverse to the Debtor or to the estate and is disinterested as that
term is defined in section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached through:
Nico G. Pizzo, Esq.
Rosen, Tsionis & Pizzo, PLLC
38 New Street
Huntington, NY 11743
Phone: (631) 423-8527
About Lil Genies Daycare LLC
Lil Genies Daycare LLC sought protection for relief under Chapter
11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41811) on
April 11, 2025, listing $50,001 to $100,000 in assets and $100,001
to $500,000 in liabilities.
Nico G. Pizzo, Esq. at Rosen, Tsionis & Pizzo, PLLC represents the
Debtor as counsel.
LINDO HOLDINGS: Hires Goldbach Law Group as Insolvency Counsel
--------------------------------------------------------------
Lindo Holdings LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California to hire Goldbach Law Group
as general insolvency counsel.
The firm will render these services:
(a) provide pre-petition counseling, several meetings and
phone calls, discussions concerning the various chapter, the
benefits and disadvantages of the filing of a Chapter 11 case and
the Debtor's rights and responsibilities;
(b) prepare document;
(c) consult the Debtor concerning documents needed and reports
to be prepared and consultation with other professionals to be
employed;
(d) assist the Debtor in preparation of documents for
compliance with the requirements of the Office of the United States
Trustee;
(e) negotiate with secured and unsecured creditors regarding
the amount and payment of their claims;
(f) discuss with the Debtor concerning Plan of
Reorganization;
(g) prepare the Chapter 11 plan of reorganization and any
amendments/changes to the same;
(h) submission of ballots to creditor, tally of ballots and
submissions to the court;
(i) response to any objections to plan; and
(j) response to any options for relief from stay, motions to
dismiss or any other motions or contested matters.
The firm will render services at the hourly rate of $595.
The firm received a retainer of $15,000 from the Debtor.
Marc Aaron Goldbach, Esq., attorney at Goldbach 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 through:
Marc Aaron Goldbach, Esq.
Goldbach Law Group
111 W. Ocean Blvd., Suite 400
Long Beach, CA 90802
Telephone: (562) 696-058
Facsimile: (888) 771-5425
Email: marc.goldbach@goldbachlaw.com
About Lindo Holdings LLC
Lindo Holdings LLC holds ownership of the property situated at 236
S. Curtis Avenue in Alhambra, California 91030, with an estimated
worth of approximately $2.6 million.
Lindo Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-13059) on April 2,
2025. In its petition, the Debtor reports total assets of
$2,600,061 and total liabilities of $1,500,738.
Honorable Bankruptcy Judge Deborah J. Saltzman handles the case.
The Debtor is represented byMarc Aaron Goldbach, Esq. at GOLDBACH
LAW GROUP.
MALIA REALTY: Unsecureds to Get $11,992 per Quarter over 5 Years
----------------------------------------------------------------
Malia Realty, LLC filed with the U.S. Bankruptcy Court for the
Northern District of Georgia a Disclosure Statement for Plan of
Reorganization dated April 3, 2025.
The Debtor owns a 36-unit apartment complex located at 2129 Martin
Luther King Jr. Drive SW, Atlanta, GA 30310 (the "Property").
The Debtor's sole member is the Chirhamolekwa Williams Revocable
Trust Dated July 21, 2015. The trustee of the trust and the manager
of the Debtor is Ms. Chirhamolekwa Williams.
On September 17, 2021, the Debtor executed a Commercial Promissory
Note with Lending One, LLC in the amount of $2,950,00.00 in
connection with the purchase and renovation of the Property. Of the
total loan amount, $488,010.00 was designated as a reserve for
improving the plumbing and electrical infrastructure of the
Property (the "Infrastructure Project").
The Note is secured by a security interest in the Property and the
rents generated therefrom. Lending One executed an assignment of
the note and the security instruments to Toorak Capital Partners,
LLC (the "Lender") on October 18, 2021. After delays that were not
the fault of the Debtor, the Lender accepted a proposal to complete
the work for the Infrastructure Project from MMG Management, LLC.
The Debtor was unhappy with the work of MMG due to unreasonable and
debilitating delays and the discovery that MMG was not using a
licensed plumber to complete work on the Infrastructure Project.
The Lender scheduled a November 2024 foreclosure sale of the
Property. The Debtor filed the chapter 11 bankruptcy case because
it needs the relief provided by the Bankruptcy Code in order to
complete the Infrastructure Project, fill the Property with
tenants, and reorganize its operations and debts.
Over the course of this case, the Debtor has also continued to run
the business. The Debtor currently has 11 tenants in the apartment
complex. The Debtor has diligently pursued funding to complete the
Infrastructure Project, while at the same time pursuing a sale of
the Property as a secondary option. Ms. Chirhamolekwa Williams has
decided pull equity from an out of state property that she owns
with her family through an unrelated business.
Ms. Williams will make a capital contribution to the Debtor in the
approximate amount of $800,000.00, which will enable the Debtor to
make payments under the Plan and complete the Infrastructure
Project. Once the Infrastructure Project is complete and the
apartment complex is at full occupancy, the increased value will
enable the Debtor to complete a refinance of the Property.
The plan provides for the payment in full of all secured, priority,
and general unsecured claims and retention of equity interests in
the Debtor.
Class 4 shall consist of all General Unsecured Claims. The Debtor
shall pay the Class 4 Claims in full in equal quarterly payments
over five years. Quarterly payments will be in the approximate
amount of $11,992.00. Payments will begin on the first day of the
first full quarter following the Effective Date. Any Class 4 Claim
shall be reduced by any payment received by the creditor holding
such claim from any third party or other obligor and the Debtor's
obligations hereunder shall be reduced accordingly. Class 4 is
Impaired and entitled to vote on the Plan.
Class 5 consists of Equity Interests. The Reorganized Debtor shall
not make any distributions or pay any dividends related to any
Equity Interests unless and until all distributions related to all
Allowed Claims in Classes 1 to 4 have been made in full as set
forth herein. Holders of Equity Interests in the Debtor will retain
those interests. Class 5 is Unimpaired and deemed to accept the
Plan.
After the Effective Date, the Reorganized Debtor will be
responsible for implementing the Plan. The Reorganized Debtor will
be authorized and empowered to take such actions as are required to
effectuate the Plan, including the prosecution and enforcement of
Causes of Action. The Reorganized Debtor will also file the
necessary final reports and will apply for a final decree as soon
as practical after substantial consummation and the completion of
the claims analysis and objection process.
The Distributions contemplated by this Plan shall be made through
the regular income of the business as well as from the capital
contribution of Chirhamolekwa Williams.
A full-text copy of the Disclosure Statement dated April 3, 2025 is
available at https://urlcurt.com/u?l=AFaXft from PacerMonitor.com
at no charge.
Malia Realty LLC is represented by:
ROUNTREE LEITMAN KLEIN & GEER, LLC
William A. Rountree, Esq.
Elizabeth A. Childers, Esq.
Century Plaza I
2987 Clairmont Road, Suite 350
Atlanta, Georgia 30329
(404) 584-1238 Telephone
Email: wrountree@rlkglaw.com
echilders@rlkglaw.com
About Malia Realty LLC
Malia Realty LLC is a Single Asset Real Estate debtor (as defined
in 11 U.S.C. Section 101(51B)).
Malia Realty sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ga. Case No. 24-61684) on Nov. 1, 2024, with $1
million to $10 million in both assets and liabilities.
Judge Barbara Ellis-Monro oversees the case.
The Debtor tapped William Rountree, Esq., at Rountree, Leitman,
Klein & Geer, LLC as bankruptcy counsel and Robert Arrington, Esq.,
at Arrington Owoo, PC special counsel.
MAPRAGENCY INC: Court OKs Deal to Use Cash Collateral
-----------------------------------------------------
The U.S. Bankruptcy Court for the District of Colorado approved a
stipulation between MAPRagency Inc. and its secured creditors,
allowing the agency's interim use of cash collateral.
The stipulation authorizes MAPRagency to use the cash collateral of
Alpine Bank and the U.S. Small Business Administration until the
final hearing, which will be held simultaneously with the hearing
on the agency's Chapter 11 plan of reorganization.
As protection, both creditors will be granted replacement liens on
MAPRagency's post-petition cash and accounts receivable to the same
extent and with the sane priority as their pre-bankruptcy liens.
In addition, Alpine Bank and SBA will receive monthly payments of
$1,500 and $500, respectively, starting this month.
MAPRagency's authority to use cash collateral terminates on the
earlier of (i) the conversion of the agency's Chapter 11 case to
one under Chapter 7; (ii) the agency's failure to provide adequate
protection; (iii) the agency's failure to make monthly payments to
the secured creditors; or (iv) the confirmation hearing.
Alpine Bank is represented by:
Jason S. Buckley, Esq.
Trent T. Lauridson, Esq.
Garfield & Hecht, P.C.
625 East Hyman Avenue, Suite 201
Aspen, CO 81611
Phone: 720-961-9029
Fax: 303-773-3431
jbuckley@garfieldhecht.com
Tlauridson@garfieldhecht.com
About MAPRagency Inc.
MAPRagency, Inc., now known as Comprise, is a Boulder-based public
relations and marketing agency that specializes in creative
services, digital marketing, web design, and public relations. It
focuses on delivering innovative strategies and solutions for
businesses to enhance their brand visibility and engagement.
MAPRagency filed Chapter 11 petition (Bankr. D. Colo. Case No.
25-11092) on March 4, 2025, listing up to $100,000 in assets and up
to $10 million in liabilities. Doyle Albee, chief executive officer
of MAPRagency, signed the petition.
Judge Thomas B. McNamara oversees the case.
Jeffrey A. Weinman, Esq., at Allen Vellone Wolf Helfrich & Factor,
P.C., represents the Debtor as legal counsel.
MARKUS CORP: Court Extends Cash Collateral Access to May 31
-----------------------------------------------------------
Markus Corp received interim approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to use cash collateral
until May 31, marking the third extension since the company's
Chapter 11 filing.
The court's previous interim order allowed the company to access
cash collateral from April 1 to 30.
The company needs to use its lenders' cash collateral to pay the
expenses set forth in its budget, which shows total operational
expenses of $22,985 for the interim period.
Markus owes $426,224.08 and $264,476.06 to the U.S. Small Business
Administration and Village Bank & Trust, N.A., respectively. These
creditors have perfected liens on the company's assets, including
cash, bank deposits and accounts receivable, which constitute cash
collateral.
As protection, both lenders were granted a replacement lien on
substantially all of the company's assets to the same extent and
with the same validity as their pre-bankruptcy liens.
The lenders will also be granted an administrative expense claim as
additional protection.
The next hearing is scheduled for May 28.
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
MASS POWER: Court Extends Cash Collateral Access to June 18
-----------------------------------------------------------
Mass Power Solutions, LLC received another extension from the U.S.
Bankruptcy Court for the District of Massachusetts to use cash
collateral.
The court issued a proceeding memorandum and order authorizing the
company's use of cash collateral until June 18 under the same terms
and conditions.
The next hearing is scheduled for June 18.
About Mass Power Solutions LLC
Mass Power Solutions LLC is an electrical contracting company
specializing in renewable energy solutions, including solar project
design, installation, and management, serving both residential and
commercial clients.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-40234) on March 5,
2025. In the petition signed by Ryan Lane, manager, the Debtor
disclosed up to $50,000 in assets and up to $10 million in
liabilities.
Judge Elizabeth D. Katz oversees the case.
John O. Desmond, Esq. represents the Debtor as legal counsel.
MAXTIN INC: Seeks to Hire Spector & Cox PLLC as Legal Counsel
-------------------------------------------------------------
Maxtin, Inc. seeks approval from the U.S. Bankruptcy Court for the
Eastern District of Texas to hire Spector & Cox, PLLC as counsel.
The firm's services include:
(a) providing legal advice with respect to their powers and
duties as Debtor-in-possession;
(b) preparing and pursuing confirmation of a plan and approval
of a disclosure statement to the extent required;
(c) preparing on behalf of the Debtor necessary applications,
motions, answers, orders, reports and other legal papers;
(d) appearing in Court and protecting the interests of the
Debtor before the Court; and
(e) performing all other legal services for the Debtor which
may be necessary and proper in these proceedings.
The firm will be paid at these rates:
Howard Marc Spector, Esq. $435 per hour
Sarah Cox, Esq. $395 per hour
Paralegals $150 per hour
The firm will be paid an advanced retainer in the amount of
$17,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Howard Marc Spector, Esq., a partner at Spector & Cox, 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:
Howard Marc Spector, Esq.
Spector & Cox, PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (214) 365-5377
Fax: (214) 237-3380
Email: hspector@spectorcox.com
About Maxtin Inc.
Maxtin Inc., doing business as Morrison Architectural Sign Company,
is a manufacturer of architectural signage based in Dallas, Texas.
The company specializes in producing custom signs using various
fabrication methods including digital printing, laser cutting, and
CNC machining, as evidenced by its financed equipment including
Mutoh XpertJet printers, HP Latex printers, and Boss Laser systems.
The company works with various materials including plastics and
other fabrication supplies from vendors like E&T Plastics and
Gyford Productions.
Maxtin Inc. sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Tex. Case No. 25-40871) on March
28, 2025. In its petition, the Debtor reported up to $50,000 in
assets and between $1 million and $10 million in liabilities.
Howard Marc Spector, Esq., at Spector & Cox, PLLC is the Debtor's
legal counsel.
Comerica Bank, as secured creditor, is represented by:
Michael P. Menton, Esq.
Danika Lopez, Esq.
SettlePou
3333 Lee Parkway, Eighth Floor
Dallas, Texas 75219
Tel: (214) 520-3300
Fax: (214) 526-4145
mmenton@settlepou.com
dlopez@settlepou.com
MCDAB FAMILY TRUST: Seeks Chapter 11 Bankruptcy in California
-------------------------------------------------------------
On May 5, 2025, MCDAB Family Trust of May 01, 2008 filed Chapter
11 protection in the U.S. Bankruptcy Court for the Southern
District of California. 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 MCDAB Family Trust of May 01, 2008
MCDAB Family Trust of May 01, 2008, established on May 1, 2008, is
an irrevocable trust.
MCDAB Family Trust of May 01, 2008 sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-01862)
on May 5, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
The Debtor is represented by Kevin C. Young, Esq. at LAW OFFICES OF
KEVIN C. YOUNG.
MI LIQUIDATION: Trustee Taps Womble Bond as Special Purpose Counsel
-------------------------------------------------------------------
George Sanderson III, the trustee appointed in the Chapter 11 case
of MI Liquidation, Inc., seeks approval from the U.S. Bankruptcy
Court for the Eastern District of North Carolina to employ Womble
Bond Dickinson (US) LLP as special purpose counsel.
Womble will reopen and prosecute the appeal of the Gallagher case
that was filed in state court in Clark County, Nevada. The Debtor
was a defendant in the Gallagher case and, as a result, currently
is liable for a compensatory award in excess of $30 million
(excluding interest, costs, attorneys' fee) in favor of the
plaintiffs in that case. The Debtor timely filed a notice of appeal
of the Gallagher judgment, which appeal was stayed by the
commencement of this Chapter 11 case and remains subject to the
automatic stay.
Daniel F. Polsenberg, Esq., a partner at Womble Bond Dickinson (US)
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:
Daniel F. Polsenberg, Esq.
Womble Bond Dickinson (US) LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV US 89169
Tel: (702) 474-2626
Email: Dan.Polsenberg@wbd-us.com
About MI Liquidation
MI Liquidation, Inc. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.C. Case No.
24-01757) on May 25, 2024, listing $500,001 to $1 million in assets
and $10,000,001 to $50 million in liabilities.
Judge David M. Warren presides over the case.
The Debtor tapped John A. Northen, Esq., at Northen Blue, LLP as
counsel.
George Sanderson III was appointed as trustee in the Chapter 11
case. The trustee tapped William Murray, CPA as insurance
consultant.
NESTWELL LLC: US Trustee Wins Bid to Dismiss Bankruptcy Case
------------------------------------------------------------
Judge James J. Tancredi of the United States Bankruptcy Court for
the District of Connecticut granted the motion of William K.
Harrington, the United States Trustee for Region 2, to dismiss the
Nestwell, LLC's bankruptcy case.
In the Trustee's Motion to Dismiss, he asserts that the Debtor has
failed to:
(i) file an official creditor matrix or list of its twenty (20)
largest unsecured creditors as required;
(ii) file any bankruptcy schedules or a statement of financial
affairs;
(iii) indicate that an attorney is representing the Debtor, which
identifies as a corporate entity;
(iv) state a purpose for the filing of the bankruptcy case; and
(v) state that it has insurance coverage sufficient to protect
the assets in its bankruptcy estate and the public, or prove any
such coverages.
The Court concludes that the Debtor has failed to appropriately
proceed in this case as the Bankruptcy Code requires.
According to the Court, the Debtor has failed to comply with the
Bankruptcy Code in multiple regards -- it has failed to provide the
requisite documentation, obtain counsel as a corporate entity, or
prove that insurance exists to protect the assets of the bankruptcy
estate. The Debtor's compound failures to satisfy all of these
obligations and to proceed in good faith in this bankruptcy
proceeding provides the Court with abundant cause to dismiss this
Chapter 11 case with prejudice and to infer its bad faith.
The Court dismissed the case with a one-year bar to any bankruptcy
refiling based upon the Debtor's egregious noncompliance.
A copy of the Court's decision dated May 5, 2025, is available at
https://urlcurt.com/u?l=XpmBr7 from PacerMonitor.com.
About Nestwell LLC
Nestwell LLC is a single asset real estate company with its
principal place of business in Glastonbury, Connecticut.
Nestwell LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Conn. Case No. 25-20403) on April 25, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge James J. Tancredi handles the case.
NEW HORIZON: Hires Law Office of Alla Kachan PC as Counsel
----------------------------------------------------------
New Horizon Medical P.C. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Law Office of
Alla Kachan, PC as counsel.
The firm will provide these services:
(a) assist the Debtor in administering this Chapter 11 case;
(b) make such motions or take such action as may be
appropriate or necessary under the Bankruptcy Code;
(c) represent Debtor in prosecuting adversary proceedings to
collect assets of the estate and such other actions as it deems
appropriate;
(d) take such steps as may be necessary for the Debtor to
marshal and protect the estate's assets;
(e) negotiate with the Debtor's creditor in formulating a plan
of reorganization in this case;
(f) draft and prosecute the confirmation of the Debtor's plan
of reorganization in this case; and
(g) render such additional services as the Debtor may require
in this case.
The firm will be paid at these rates:
Attorney $475 per hour
Clerks/Paraprfessionals $250 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received an initial retainer in the amount of $15,000.
Alla Kachan, Esq., an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Alla Kachan, Esq.
Law Offices of Alla Kachan, PC
2799 Coey Island Avenue, Suite 202
Brooklyn, NY 11235
Telephone: (718) 513-3145
About New Horizon Medical P.C.
New Horizon Medical P.C. sought protection for relief under Chapter
11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41802) on
April 11 2025, listing up to $50,000 in assets and $100,001 to
$500,000 in liabilities.
Judge Nancy Hershey Lord presides over the case.
Alla Kachan, Esq. at Law Offices Of Alla Kachan P.C. represents the
Debtor as counsel.
NEW HORIZON: Seeks to Hire Estelle Miller as Accountant
-------------------------------------------------------
New Horizon Medical P.C. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to employ Estelle
Miller, a professional practicing in New York, as accountant.
Ms. Miller will render these services:
(a) gather and verify all pertinent information required to
compile and prepare monthly operating reports; and
(b) prepare monthly operating reports for the Debtor.
The professional will be compensated at a monthly fee of $300.
She also received an initial retainer fee of $3,000 from the
Debtor.
Ms. Miller disclosed in a court filing that she is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The accountant can be reached at:
Estelle Miller, CPA
Bellmore, NY 11710
Telephone: (347) 570-7002
Email: estellemillercpa@gmail.com
About New Horizon Medical P.C.
New Horizon Medical P.C. sought protection for relief under Chapter
11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41802) on
April 11 2025, listing up to $50,000 in assets and $100,001 to
$500,000 in liabilities.
Judge Nancy Hershey Lord presides over the case.
Alla Kachan, Esq. at Law Offices Of Alla Kachan P.C. represents the
Debtor as counsel.
NEWELL BRANDS: S&P Downgrades ICR to 'B+' on Consumer Demand
------------------------------------------------------------
S&P Global Ratings lowered its long-term issuer credit rating on
U.S.-based Newell Brands Inc. to 'B+' from 'BB-'. S&P affirmed its
'B' commercial paper rating.
S&P said, "We also lowered our issue-level rating on the company's
unsecured notes to 'B+' from 'BB-'. Our recovery rating remains '3'
(50%-70%; rounded estimate: 55%), indicating our expectations of
meaningful recovery in the event of a payment default.
"The stable outlook reflects that Newell will be able a offset a
portion of topline and tariff pressure with the productivity,
pricing, commodity, and input cost inflation easing it is expecting
in the coming year.
"We believe demand for the company's discretionary product
portfolio will remain weak, given the pressure of higher tariffs
and weakening economic conditions in 2025. Newell's net sales
declined by 5.3% in the first quarter of 2025 after a 7% decline in
2024 due to lower demand globally, loss from business exits, and
unfavorable foreign currency headwinds. We expect demand headwinds
will persist in 2025 due to its discretionary product range
including Rubbermaid, Sharpie and Yankee Candle. In addition, the
company's focus on exiting smaller brands to optimize its product
portfolio and unfavorable foreign currency headwinds impact will
continue in 2025. As a result, we forecast revenue to decline by
7.5% in 2025, before returning to modest growth in 2026.
"We expect that S&P adjusted leverage will remain above 5x in 2025,
after solid progress toward deleveraging in 2024. Newell finished
2024 with leverage at 5.2x (compared with our forecast of 5.7x in
2024 and its 6.5x in fiscal 2023), due to its better-than-expected
free operating cash flow (FOCF) generation. Over the past several
quarters, the company saw sequential declines in leverage. In the
latest 12 months ended in the first quarter leverage increased to
5.5x, partly when considering some seasonal borrowing.
"We believe S&P adjusted leverage will remain above 5x in the
coming year. We also forecast the company will generate modest free
operating cash flow (FOCF) by our reported calculations of about
$80 million, which will be less than half 2024 levels. Newell has
$1.23 billion of senior unsecured notes outstanding due on April 1,
2026. If the company fails to refinance substantially all this debt
maturity over the next few months, we could lower the rating. This
remains a key credit risk, in our opinion."
Newell has a robust U.S. manufacturing base but still is prone to
tariff-related downside. Newell has been implementing a tariff
mitigation strategy for several years, investing nearly $2 billion
in its U.S. manufacturing since 2017. The company says more than
half of 2024 U.S. sales were manufactured through a North America
supply base and are not subject to tariffs. Imports from other
countries accounted for about 24% of its total cost of goods sold
(COGS), with China accounting for 15%, Mexico 5%, and the remainder
other countries. S&P notes 98% of its imports from Mexico are
exempt from tariffs under the United States Mexico Canada Agreement
(USMCA).
The company has taken various actions to mitigate the impact, which
include targeted price increases, effective management of
discretionary overhead and promotional spending and transition of
suppliers to other countries, which is further supported by lower
raw material (resins) and transportation costs. The company took
tariff-related price actions in the U.S.
S&P said, "We believe these measures will enable the company to
offset the incremental costs from tariffs in 2025, but at the
expense of lower volume growth amid declining consumer sentiment.
We will also be monitoring closely how baby gear is treated in this
round of tariffs and if any will be excluded like in the last
round. We are monitoring the China tariff situation and believe
that if the tariffs were to be implemented at 125%, it could
negatively affect gross margins by nearly 150 basis points (bps)
and result in leverage in the high-5x area, assuming the company is
able to pass through some portion of the additional costs to
consumers."
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 regards to
tariffs--and the potential effect on economies, supply chains, and
credit conditions around the world. As a result, our baseline
forecasts carry a significant amount of uncertainty. As situations
evolve, S&P will gauge the macro and credit materiality of
potential and actual policy shifts and reassess our guidance
accordingly.
The stable outlook reflects that progress in improving credit
metrics in the past year can provide cushion to profit pressure
from volume pullbacks amid potential price increases in the coming
year.
S&P could lower the rating if it believed leverage will exceed 6x
on a sustained basis and it forecasts FOCF will turn negative. This
could occur if:
-- Newell's operating performance suffered further due to tariff
pressure or reduced orders from key retailers amid tough
macroeconomic conditions; or
-- S&P reassesses its view of liquidity to weak, potentially due
to an inability to fully refinance its near-term maturities in the
next two quarters.
S&P could raise the rating if improving operating performance and
prudent financial policies enabled Newell to sustain leverage below
5x. This could occur if:
-- Sales, earnings, and cash flow prospects improved because
consumer demand strengthening; and
-- The company successfully refinanced its 2026 maturities and
navigated tariff pressures with only modest margin impact.
NIKOLA CORP: Taps Gordon Brothers Commercial as Agent
-----------------------------------------------------
Nikola Corporation seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Gordon Brothers Commercial &
Industrial LLC as agents.
The firm will render these services:
(1) develop an advertising and marketing plan for the sale or
other disposition strategy for all Assets;
(2) prepare all marketing materials necessary to run a
commercially reasonable sale to ensure that the value of the Assets
is maximized;
(3) accept or reject offers to purchase the Assets in
consultation with the Company and negotiate the terms and
conditions of any sales thereof;
(4) charge and collect on the Company's behalf from all
purchasers of the Assets any purchase price, together with all
applicable taxes in connection therewith, and remit same to the
Company;
(5) collect, service, settle and otherwise resolve the
Accounts Receivable on the Company's behalf in compliance with
applicable law;
(6) provide qualified personnel necessary to conduct and
oversee the Sale as determined by Agent, at the Company's expense;
(7) provide regular sales reporting to the extent not
otherwise readily obtainable from the Company's systems; and
(8) perform such other related services deemed by Agent to be
required or prudent to facilitate the Sale.
The firm will receive compensation at these rates:
-- Private Treaty Sales. With respect to Assets sold in
connection with the Sale outside of an auction, the Company shall
pay to Agent a fee equal to 10 percent of the Gross Proceeds from
such sale (the "Agent Fee").
-- Auction Sales. With respect to Assets sold in connection with
the Sale via auction, the Company shall be entitled to retain 100
percent of the Gross Proceeds of such Assets for its own account;
provided, that the Agent shall be entitled to charge purchasers of
such Assets an industry-standard buyer's premium of 18 percent and
retain such amount for its own account. The Buyer's Premium shall
not be included in the calculation of Gross Proceeds.
-- Fee Credit. Pursuant to the terms of the Engagement Letter
dated as of January 16, 2025, by and between the Company and Agent
and Nations Capital, LLC, in respect of the Project Fee paid
thereunder, the Company shall receive a credit (the "Fee Credit")
of $100,000 towards the amounts that would otherwise be payable to
Agent as part of the Agent Fee or Buyer's Premium hereunder. For
clarity, notwithstanding anything to the contrary herein, the first
$100,000 collected by Agent in respect of the Agent Fee or Buyer's
Premium hereunder shall be remitted to the Company in satisfaction
of the Fee Credit.
-- Reimbursement of Expenses. The Company shall be responsible
for all expenses incident to the conduct of the Sale and the
operation of the Company during the Sale Term, including without
limitation all Agent Advanced Expenses and all other Facility and
corporate expenses associated with the Sale. Agent will advance
funds in the amount of up to $100,000 for certain expenses
associated with the Sale ("Agent Advanced Expenses"). All Agent
Advanced Expenses that are actually incurred shall be reimbursed
from the Gross Proceeds received in connection with the Sale
(excluding the Agent Fee payable therefrom).
Gordon Brothers is a "disinterested person" as such term is defined
in section 101(14) of the Bankruptcy Code, as modified by section
1107(b) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
David Braun
Gordon Brothers Commercial &
Industrial LLC
101 Huntington Ave Suite 1100
Boston, MA 02199
Tel: (888) 424-1903
Email: info@gordonbrothers.com
About Nikola Corp.
Nikola Corporation manufactures commercial vehicles. The Company
provides battery and hydrogen fuel-cell electric vehicles,
drivetrains, components, energy storage systems, fueling station
infrastructure, and other transportation solutions. Nikola serves
customers worldwide.
Nikola Corp. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-10258) on February 19, 2025. In
its petition, the Debtor reports estimated assets between $500
million and $1 billion, with liabilities ranging from $1 billion to
$10 billion.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by M. Blake Cleary, Esq. at Potter
Anderson & Corroon LLP.
OFF-ROAD AUTOMOTIVE: Hires Kutner Brinen as Bankruptcy Counsel
--------------------------------------------------------------
Off-Road Automotive seeks approval from the U.S. Bankruptcy Court
for the District of Colorado to hire Kutner Brinen Dickey Riley,
P.C. as counsel.
The firm will render these services:
(a) provide the Debtor with legal advice with respect to its
powers and duties;
(b) aid the Debtor in the development of a plan of
reorganization under Chapter 11;
(c) file the necessary petitions, pleadings, reports, and
actions which may be required in the continued administration of
the Debtor's property under Chapter 11;
(d) take necessary actions to enjoin and stay until final
decree herein continuation of pending proceedings and to enjoin and
stay until final decree herein commencement of lien foreclosure
proceedings and all matters; and
(e) perform all other legal services for the Debtor which may
be necessary herein.
The firm will be paid at these rates:
Jeffrey S. Brinen $540 per hour
Jonathan M. Dickey $400 per hour
Keri L. Riley $390 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a pre-petition retainer of $14,000.
Ms. Riley 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:
Keri L. Riley, Esq.
Kutner Brinen Dickey Riley, PC
1660 Lincoln Street, Suite 1720
Denver, CO 80264
Tel: (303) 832-2910
Email: klr@kutnerlaw.com
About Off-Road Automotive
Off-Road Automotive is a used vehicle dealership based in Fort
Lupton, Colorado. The Company specializes in off-road-capable
trucks, SUVs, and 4x4 vehicles, offering a diverse inventory from
brands such as Ford, Jeep, Toyota, and Chevrolet. It also provides
financing solutions and trade-in options, catering to both
recreational off-roaders and everyday drivers.
Off-Road Automotive sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-12310) on April 21,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $10 million and $50
million.
Honorable Bankruptcy Judge Kimberley H. Tyson handles the case.
The Debtor is represented by Keri L. Riley, Esq. at KUTNER BRINEN
DICKEY RILEY PC.
OFFICE PROPERTIES: S&P Cuts ICR to 'SD' Following Debt Exchange
---------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Newton,
Mass.-based REIT Office Properties Income Trust (OPI) to 'SD'
(selective default) and its issue-level ratings on its senior
unsecured notes due 2026, 2027 and 2031, to 'D'.
S&P's issue-level ratings on other obligations are unchanged.
S&P said, "We view the transaction as distressed and tantamount to
a default. The downgrade follows OPI's completion of its private
debt exchange. In aggregate, the company exchanged $20.99 million
of its 2026, 2027, and 2031 senior unsecured notes for $14.44
million of new senior priority guaranteed notes due 2030. The
exchange consideration varied depending on which notes were
exchanged, with longer-dated notes receiving less consideration. In
our view, this transaction is a distressed exchange and tantamount
to a default because lenders received less than the original
promise of the securities, which is not offset by adequate
compensation.
"The company's existing senior unsecured notes due 2050 and senior
secured notes due 2027 and 2029 were not part of the exchange
offer; therefore, our ratings on these issues are unaffected by the
transaction.
“We will reassess our ratings on OPI, including our issuer credit
rating and issue-level ratings, in the near future. We will review
our ratings on the company shortly to incorporate the debt
exchanges and our forward-looking opinion of its creditworthiness.
We are unlikely to raise our issuer credit rating above 'CCC',
reflecting significant ongoing pressure to OPI's business, risks
surrounding the sustainability of its capital structure, limited
covenant headroom, and the potential for additional distressed
exchanges."
OMEGA THERAPEUTICS: Proofs of Claim Due May 28, 2025
----------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware set May 28,
2025, at 5:00 p.m. Prevailing Eastern Time as the last date and
time for persons or entities to file proofs of claim against Omega
Therapeutics Inc..
The Court also set Aug. 11, 2025, as the deadline for all
governmental units to file their claim against the Debtor.
A proof of claim may be filed electronically at
https://cases.ra.kroll.com/omega using the interface available
after clicking the link entitled "Submit a Claim."
If filing by hardcopy, an original, signed copy of the proof of
claim must be sent if by first-class mail to:
Omega Therapeutics, Inc. Claims Processing Center
c/o Kroll Restructuring Administration LLC
Grand Central Station
PO Box 4850 New York, NY 10163-4850
-- or --
if by hand delivery or overnight mail to:
Omega Therapeutics, Inc. Claims Processing Center
c/o Kroll Restructuring Administration LLC
850 Third Avenue
Suite 412
Brooklyn, NY 1123
Consult the Bar Date Order for additional details on whether you
are required to file a proof of claim or request for allowance of
an Administrative Claim. Copies of the Bar Date Order, the
Schedules and other documents and information regarding the
Debtor's chapter 11 case is available free of charge at
https://cases.ra.kroll.com/omega.
If you have any questions relating to this notice, please contact
the Debtor's notice and claims agent, Kroll Restructuring
Administration LLC, at the Debtor's restructuring hotline at: (877)
606-3609 (Toll Free U.S. and Canada); or +1 (646) 937-7806
(International) or by email to OmegaInfo@ra.kroll.com. Please note
that Kroll cannot provide legal advice regarding the filing of a
Proof of Claim, and you should consult your own attorney.
About Omega Therapeutics
Omega Therapeutics Inc. is a biotechnology company in its
development stages, leading innovation in a novel approach to
leverage mRNA therapeutics as programmable epigenetic treatments
through its OMEGA Epigenomic Programming platform. The OMEGA
platform harnesses the power of epigenetics, the mechanism that
controls gene expression and every aspect of an organism's life
from cell genesis, growth, and differentiation to cell death. The
OMEGA platform enables control of fundamental epigenetic processes
to correct the root cause of disease by returning aberrant gene
expression to a normal range without altering native nucleic acid
sequences.
Omega Therapeutics Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10211) on February 10,
2025. In its petition, the Debtor reported total assets as of Jan.
28, 2025 amounting to $137,529,941 and total debts as of Jan. 28,
2025 of $140,421,354.
Honorable Bankruptcy Judge Brendan Linehan Shannon handles the
case.
The Debtor is represented by Derek C. Abbott, Esq., Eric D.
Schwartz, Esq., Andrew R. Remming, Esq., Daniel B. Butz, Esq.,
Jonathan M. Weyand, Esq., and Luke Brzozowski, Esq., at Morris,
Nichols, Arsht & Tunnell LLP in Wilmington, Delaware. The Debtor's
special counsel is Latham & Watkins LLP.
The Debtor tapped Triple P RTS, LLC as restructuring advisor and
Triple P Securities LLC as investment banker. The Debtor's claims
agent and administrative advisor is Kroll Restructuring
Administration LLC.
OUTLAW STEAKBURGERS: Hires Lane Law Firm as Bankruptcy Counsel
--------------------------------------------------------------
Outlaw Steakburgers, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Texas to hire The Lane Law Firm,
PLLC as legal 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 the
Debtor's assets and liabilities, investigating the extent and
validity of lien and claims, and participating in and reviewing 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. appear, as appropriate, before this Court, the Appellate
Courts, and other Courts in which matters may be heard and to
protect the interests of Debtor before said Courts and the United
States Trustee; and
f. perform all other necessary legal services in these cases.
The firm's counsel will be paid at these hourly rates:
Robert Lane, Partner $595
Joshua Gordon $550
Associate Attorney $500
Paralegals $250
In addition, the firm will seek reimbursement for expenses
incurred.
LANE received payments for its retainer from the Debtor in the
amount of $35,000 on multiple dates from January 28, 2025 through
March 31, 2025, for financial advice and representation of the
Debtor
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 Outlaw Steakburgers, LLC
Outlaw Steakburgers, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Tex. Case No.
25-60236) on April 22, 2025. At the time of filing, the Debtor
estimated $100,001 to $500,000 in assets and $1,000,001 to $10
million in liabilities.
Judge Joshua P Searcy handles the case.
Robert C. Lane, Esq. at The Lane Law Firm PLLC represents the
Debtor as counsel.
PANTEGO DEVELOPMENT: Hires Spector & Cox PLLC as Legal Counsel
--------------------------------------------------------------
Pantego Development LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to hire Spector & Cox,
PLLC as attorneys.
The firm's services include:
(a) providing legal advice with respect to their powers and
duties as Debtor-in-possession;
(b) preparing and pursuing confirmation of a plan and approval
of a disclosure statement to the extent required;
(c) preparing on behalf of the Debtor necessary applications,
motions, answers, orders, reports and other legal papers;
(d) appearing in Court and protecting the interests of the
Debtor before the Court; and
(e) performing all other legal services for the Debtor which
may be necessary and proper in these proceedings.
The firm will be paid at these rates:
Howard Marc Spector, Esq. $435 per hour
Sarah Cox, Esq. $395 per hour
Paralegals $150 per hour
The firm will be paid an advanced retainer in the amount of
$26,738.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Howard Marc Spector, Esq., a partner at Spector & Cox, 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:
Howard Marc Spector, Esq.
Spector & Cox, PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (214) 365-5377
Fax: (214) 237-3380
Email: hspector@spectorcox.com
About Pantego Development LLC
Pantego Development LLC is a single-asset real estate debtor, as
defined in 11 U.S.C. Section 101(51B).
Pantego Development LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-41162) on March 31,
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 Howard Marc Spector, Esq. at SPECTOR &
COX, PLLC.
PINE TREE: Says 2nd Amended Plan Addresses Concerns
---------------------------------------------------
Pine Tree Condominium Association, Inc., submitted a Second
Modification to Plan of Reorganization dated April 2, 2025.
In the time since the Plan was filed and noticed for a hearing on
confirmation, the United States Trustee filed an Objection to
Confirmation of Debtor's Plan of Reorganization (the "Trustee
Objection"). This Modification is filed to address the Trustee
Objection.
The changes described are to address the Trustee Objection and do
not otherwise materially or adversely affect the rights of any
parties in interest which have not had notice and an opportunity to
be heard with regard thereto. No change is made to the amounts
being received by any creditor, nor are any Class treatments being
changed.
The Plan is hereby amended to replace Article I, Paragraph 4, of
the Plan with the following: "Liquidation Analysis. Holders of
claims would not receive any greater return in a liquidation of
Debtor's assets. Moreover, in liquidation, a bankruptcy trustee
would incur costs associated with liquidation such as broker fees.
Conversion and liquidation under Chapter 7 of the Bankruptcy Code
would result in the appointment of a Chapter 7 trustee and the
liquidation of assets. Assets disposed of by "liquidation" or
"fire" sale generally generate significantly less proceeds than
assets that are marketed and sold as a going concern. Debtor's real
property assets are fully encumbered by the claim of the City of
Atlanta Department of Watershed Management and the liquidation of
the Debtor's pre-petition cash and causes of action would generate
inadequate proceeds to exceed the return creditors will receive
through this Plan."
The Plan is further amended to add the following language to
Section 5.2, Termination of the Subchapter V Trustee's Services:
"To the extent this Plan is confirmed under § 1191(b) and the
Subchapter V Trustee is subsequently discharged, the United States
Trustee may reappoint a trustee as needed for performance of duties
under Section 1183(b)(3)(C) and Section 1185(a) of the Bankruptcy
Code."
A full-text copy of the Second Modified Plan dated April 2, 2025 is
available at https://urlcurt.com/u?l=zqNGhP from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Mark D. Gensburg, Esq.
Jones & Walden LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Telephone: (404) 564-9300
Email: mgensburg@joneswalden.com
About Pine Tree Condominium Association
Pine Tree Condominium Association, Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No.
24-57695) on July 26, 2024, with $383,876 in assets and $2,263,903
in liabilities. Marion Webb, vice president, signed the petition.
Mark D. Gensburg, Esq., at Jones & Walden, LLC, is the Debtor's
legal counsel.
POWER STOP: S&P Alters Outlook to Negative, Affirms 'B-' ICR
------------------------------------------------------------
S&P Global Ratings has revised its outlook to negative from stable
and affirmed the 'B-' issuer credit rating on Power Stop LLC.
The negative outlook reflects the possibility that S&P could
downgrade Power Stop over the next 12 months if EBITDA margins
contract further, combined with continued investment in working
capital, causing negative free operating cash flow (FOCF) on a
sustained basis and a further drain on Power Stop's liquidity.
Power Stop LLC's reliance on sourcing brake and brake kit products
from China is a threat to the company's profitability and cash
flows over the near term, particularly amid escalating tariff rates
that could prove difficult in passing through to customers. Even if
the company can pass higher prices on to customers, S&P believes
the potential for lower sales volumes, higher promotional spending,
and re-sourcing of products outside of China will strain margins
and cash flows.
The outlook revision to negative reflects the significant
challenges Power Stop faces in navigating higher tariffs and a
weakening macroeconomic environment, which could result in
declining sales, strained cash flows, and weaker credit metrics.
Power Stop has historically relied on vendors in China to
manufacture its brake kits, where the company sources more than 90%
of its products. These products now face upwards of 70% tariffs
(including the 25% 2018 duties), which S&P believes could be
detrimental to Power Stop's sales volumes, profitability, and cash
flows. In response to rising tariffs, Power Stop began implementing
price increases with its customer base along with re-sourcing
product from new vendors in India, South Korea, Brazil, and Turkey.
S&P said, "While these mitigating actions should lessen its
reliance on China, we believe its accelerated shift to new vendors
could be a drag on margins if it requires incremental costs to
scale up and manage quality control effectively. We also expect
greater working capital intensity this year based on our view that
Power Stop will stockpile inventory to mitigate the impact of
tariffs and ensure product is readily available to maintain fill
rates during transition to new vendors."
S&P said, "We now forecast lower revenues and margin decline in
2025, leading to weaker credit metrics, negative free cash flow,
and tightening liquidity. We forecast revenues will be down about
6% in 2025 due to lower unit volumes, particularly with warehouse
distributor customers who have been reducing inventories. While we
expect the company to increase prices to offset tariffs which will
increase revenue growth, we expect lower volumes due to anticipate
unit to slowing consumer demand. To the extent the company
discounts prices to maintain volumes, this could lead to a steadier
topline but a greater decline in margins. Between the lower volumes
and the drag on margins if the company is unable or unwilling to
fully pass through the cost of the tariff to customers, we expect
gross margins contract around 350 basis points to around 35%-35.5%
in 2025-2027 from 38.9% in 2024. With the lower gross margins and
Power Stop's largely fixed selling, general, and administrative
costs, we expect EBITDA margins will be down nearly 540 basis
points from 2024 to 16.9% in 2025. This will result in elevated
debt to EBITDA above 8x and a modest cash flow deficit this year.
"In addition to weaker profitability, Power Stop's cash flows are
under pressure due to expected high working capital requirements.
In particular, we expect the company to stockpile inventory to
mitigate tariffs and maintain fill rates during vendor transition.
Additionally, we assume ongoing quarterly tax distributions to its
sponsor owners will further strain cash flow generation and
liquidity. The company is relatively asset light and requires $2
million-$3 million in capital spending but overall, we still expect
a negative free cash flow of roughly $15 million-$20 million this
year.
"Power Stop's liquidity position remains adequate. The company
ended its first quarter of 2025 with $49.2 million of total
liquidity, which we forecast to be sufficient to service projected
uses over the next 12 months. Further, the company's covenant-light
capital structure benefits from no near-term debt maturities until
the undrawn revolver expires in January 2027 followed by its
first-lien term loan in January 2029.
"We continue to believe demand for highly discretionary auto parts
will decline in a more protracted recession. If the U.S. enters a
longer recession, this would reduce discretionary consumer spending
and demand for Power Stop's products more than our base case. Given
the already weak forecast for this year, a recession would weaken
credit metrics and further burden the projected cash flow deficit.
"The negative outlook reflects the possibility that we could
downgrade Power Stop over the next 12 months if EBITDA margins
contract further, combined with continued investment in working
capital, causing FOCF to be negative on a sustained basis and a
further drain on Power Stop's liquidity.
"We could lower our ratings on Power Stop if its margins weaken
materially or working capital intensifies, resulting in sustained,
negative FOCF, leading us to believe its financial commitments are
unsustainable. This could occur if weaker discretionary spending
amid a deteriorating economic environment lead to lower sales or if
Power Stop cannot pass through inflationary or tariff pressures to
end customers.
"We could revise our outlook on Power Stop to stable if sales
stabilize, EBITDA margins recover on a sustainable basis, and the
company manages working capital well, allowing the company to
consistently generate positive FOCF and improve its liquidity
position."
PREMIER PEDIATRICS: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Premier Pediatrics, LC got the green light from the U.S. Bankruptcy
Court for the District of Utah to use cash collateral.
The order penned by Judge William Thurman authorized Premier
Pediatrics' interim use of cash collateral to pay its expenses
pending the final hearing.
Premier Pediatrics was authorized, but not required, to make
payments only as and when
due in the ordinary course of its business according to the interim
budget it filed with the bankruptcy court.
Prior to the final hearing, Premier Pediatrics must submit to the
court additional
information, including balance sheets, a budget, information about
the value of the collateral and inventory, the security interests,
payment amounts, and balances owed on each secured claim, all as
ordered at the first interim hearing held on April 1.
About Premier Pediatrics LC
Premier Pediatrics, LC operates a pediatric medical office in
Southern Utah.
Premier Pediatrics filed Chapter 11 petition (Bankr. D. Utah Case
No. 25-21548) on March 26, 2025, listing up to $50,000 in assets
and up to $500,000 in liabilities. Robert K. Dowse, managing member
of Premier Pediatrics, signed the petition.
Judge William T. Thurman oversees the case.
Geoffrey L. Chesnut, Esq., at Red Rock Legal Services, PLLC,
represents the Debtor as bankruptcy counsel.
PUERTO RICO: Bondholders Blame Blackout on Oversight Board
----------------------------------------------------------
Certain bondholders of the Puerto Rico Electric Power Authority,
including, Assured Guaranty Inc., GoldenTree Asset Management LP,
National Public Finance Guarantee Corporation, the PREPA Ad Hoc
Group and Syncora Guarantee, Inc., issued on May 1, 2025 that:
The recent island-wide power outage, which left the people in
Puerto Rico without electricity during Holy Week, was devastating
for residents. The outage showed yet again the complete failure of
the Financial Oversight and Management Board to manage PREPA
effectively to deliver reliable and affordable power to Puerto
Rico's people.
The people of Puerto Rico deserve better. They deserve a power grid
that works, with reasonable and affordable rates. The Oversight
Board has had nearly a decade to fix PREPA, yet the frequency of
blackouts and service interruptions has continued to worsen.
Meanwhile, under the Oversight Board's supervision, PREPA has
failed to access most of the billions in aid the federal government
has made available to bring PREPA's electric grid up to mainland
U.S. standards. This is because while PREPA sits in bankruptcy, it
cannot access the public markets to raise the funds needed to
restore and repair its power grid so that it can then obtain
reimbursement from federal funds. The Oversight Board's decision to
keep PREPA in bankruptcy is therefore a significant contributing
factor to the increase in blackouts.
Instead of completing the bankruptcy process so that PREPA can
raise the funds needed to repair the grid, the Oversight Board has
needlessly extended the case by making and then breaking numerous
settlements with bondholders, and by choosing to waste years taking
increasingly frivolous legal positions, including two rehearing
petitions after a federal court of appeals declared that
bondholders have a properly perfected lien on PREPA's net revenues
and have a claim for the full $8.2 billion they lent PREPA plus
accrued interest. Implausibly, after losing repeatedly at the
federal appellate court, the Oversight Board is now pivoting to the
new position that PREPA has no net revenues, contradicting years of
PREPA's own financial reports and the Oversight Board's own prior
fiscal plans. This litigious approach needlessly prolongs PREPA's
bankruptcy, further delays repair of the grid, saddles Puerto
Rico's citizens with massive fees paid to the Oversight Board's
numerous consultants and advisors, and most unfortunately, leaves
the people of Puerto Rico in the dark.
As part of this litigation strategy, the Oversight Board has
attempted to blame PREPA's bondholders for PREPA's current state of
affairs. But the bondholders provided billions in financing for
PREPA's electric grid and have not received a penny from PREPA in
nearly a decade. None of PREPA's rate increases since its
bankruptcy case began in 2017 have been used to repay its debt.
If the Oversight Board genuinely shares the bondholders' goal of
fixing PREPA, it should seek a reasonable agreement that enables
PREPA to promptly emerge from bankruptcy as a credit-worthy utility
with proper financing, allows PREPA to provide power at reasonable
rates, puts federal dollars to work, and focuses on effective
management of the system for Puerto Rico's residents. The PREPA
bondholders have made proposals to the Oversight Board that would
achieve these objectives, including one made six months ago, which
would have provided an additional $2.5 billion in funding from the
bondholders to immediately begin fixing and upgrading Puerto Rico's
electric grid. Despite the Oversight Board's rejection of the
bondholders' most recent offer (as has happened with all of the
bondholders' proposals to end PREPA's bankruptcy), it remains on
the table. The Oversight Board should engage in good faith to end
PREPA's bankruptcy on consensual terms. It's what Puerto Rico's
people deserve.
About Puerto Rico
Puerto Rico is a self-governing commonwealth in association with
the United States. The chief of state is the President of the
United States of America. The head of government is an elected
Governor. There are two legislative chambers: the House of
Representatives, 51 seats, and the Senate, 27 seats. The
governor-elect is Ricardo Antonio "Ricky" Rossello Nevares, the son
of former governor Pedro Rossello.
In 2016, the U.S. Congress passed PROMESA, which, among other
things, created the Financial Oversight and Management Board and
imposed an automatic stay on creditor lawsuits against the
government, which expired May 1, 2017.
The members of the oversight board are: (i) Andrew G. Biggs, (ii)
Jose B. Carrion III, (iii) Carlos M. Garcia, (iv) Arthur J.
Gonzalez, (v) Jose R. Gonzalez, (vi) Ana. J. Matosantos, and (vii)
David A. Skeel Jr.
On May 3, 2017, the Commonwealth of Puerto Rico filed a petition
for relief under Title III of the Puerto Rico Oversight,
Management, and Economic Stability Act ("PROMESA"). The case is
pending in the United States District Court for the District of
Puerto Rico under case number 17-cv-01578. A copy of Puerto Rico's
PROMESA petition is available at
http://bankrupt.com/misc/1701578-00001.pdf
On May 5, 2017, the Puerto Rico Sales Tax Financing Corporation
(COFINA) commenced a case under Title III of PROMESA (D.P.R. Case
No. 17-01599). Joint administration has been sought for the Title
III cases.
On May 21, 2017, two more agencies -- Employees Retirement System
of the Government of the Commonwealth of Puerto Rico and Puerto
Rico Highways and Transportation Authority (Case Nos. 17-01685 and
17-01686) -- commenced Title III cases.
U.S. Chief Justice John Roberts named U.S. District Judge Laura
Taylor Swain to preside over the Title III cases.
The Oversight Board has hired as advisors, Proskauer Rose LLP and
O'Neill & Borges LLC as legal counsel, McKinsey & Co. as strategic
consultant, Citigroup Global Markets as municipal investment
banker, and Ernst & Young, as financial advisor.
Martin J. Bienenstock, Esq., Scott K. Rutsky, Esq., and Philip M.
Abelson, Esq., of Proskauer Rose LLP; and Hermann D. Bauer, Esq.,
at O'Neill & Borges LLC are onboard as attorneys.
Prime Clerk LLC is the claims and noticing agent. Prime Clerk
maintains the case Web site
https://cases.primeclerk.com/puertorico
Jones Day is serving as counsel to certain ERS bondholders.
Paul Weiss is counsel to the Ad Hoc Group of Puerto Rico General
Obligation Bondholders.
PURE AVIATION: Seeks to Hire James K. Jopling as Legal Counsel
--------------------------------------------------------------
Pure Aviation LLC seeks approval from the U.S. Bankruptcy Court for
the Western District of Texas to hire James "Jim" K. Jopling,
Attorney At Law as its counsel.
The counsel will render these services:
a. give the Debtor legal advice with respect to its powers and
duties as Debtor-in-Possession and the continued operation of its
business and management of its properties;
b. review the various contracts heretofore entered by the
Debtor and to determine which contracts should be rejected and
assumed;
c. prepare on behalf of the Debtor necessary schedules,
statements, applications, and answers, orders, reports, and other
legal documents required for reorganization;
d. assist the Debtor in formulation and negotiation of a Plan
with its creditors in these proceedings;
e. review all presently pending litigation in which the Debtor
is a participant, to recommend settlement of such litigation which
the attorney deems to be in the best interest of the estate, and to
make an appearance as lead trial counsel in all litigation which
the attorney believes should be continued, if needed;
f. review the transactions of the Debtor prior to the filing
of the Chapter 11 proceedings to determine what further litigation,
if any, pursuant to the Bankruptcy Code, or otherwise, should be
filed on behalf of the estate;
g. examine all tax claims filed against the Debtor, to contest
any excessive amounts claimed therein, and to structure a payment
of the allowed taxes which conforms to the Bankruptcy Code and
Rules; and
h. perform all other legal services of the Debtor, as
debtor-in-possession, which may be necessary.
The attorneys will be paid at the rate of $275 per hour. Work
performed by a paralegal is to be compensated at the rate of $120
per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
James "Jim" K. Jopling, Esq. 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:
James "Jim" K. Jopling, Esq.
Attorney at Law
521 Texas Ave Ste 102
El Paso, TX 79901
Tel: (915) 541-6099
Fax: (866) 864-6854
Email: jim@joplinglaw.com
About Pure Aviation LLC
Pure Aviation LLC is a privately held company primarily engaged in
real estate leasing.
Pure Aviation LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-30335) on March 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
The Debtor is represented by James Jopling, Esq. at JIM K. JOPLING,
ATTORNEY AT LAW.
REGIONS PROPERTY: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
Regions Property Management & Construction, Inc. got the green
light from the U.S. Bankruptcy Court for the Southern District of
Florida to use cash collateral.
The order penned by Judge Erik Kimball authorized the company's
interim use of cash collateral to pay its expenses until May 14.
As protection, Flash Funding Services, ERTC Express, LLC and the
U.S. Small Business Administration will receive replacement liens
on post-petition assets from the company's Boynton Beach location,
excluding avoidance action proceeds.
SBA will also receive a monthly payment of $1,640 starting this
month as further protection.
In case of any diminution in the value of their collateral, the
secured creditors will receive a superpriority administrative
claim.
A final hearing is set for May 14.
About Regions Property Management & Construction
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.
RELENTLESS HOLDINGS: Hires Trustee Realty Inc as Realtor
--------------------------------------------------------
Relentless Holdings Corporation seek approval from the U.S.
Bankruptcy Court for the Southern District of Florida to hire
Trustee Realty, Inc. as its realtor.
The firm will render these services:
a. market and provide due diligence and coordinate the sale of
the Debtor's real property located at 1011 Rhodes Ave., Delray
Beach, FL 33483;
b. oversee and manage the terms of the sales and marketing of
the real property; and
c. perform all other necessary actions related to the
management, marketing and solicitation of buyers of the Debtor's
real property.
The commission rate for the Broker as the seller's broker is 5
percent as provided in the Listing Agreement with the commission to
be split with the buyer's broker as follows: 2 percent to buyer's
broker and 4 percent to the Broker. Should there be no buyer's
broker, the broker will reduce the total commission to 4 percent.
Jason Welt, an agent with Trustee Realty Inc., disclosed in the
court filing that his firm does not hold or represent an interest
adverse to the Debtor's estate and is a "disinterested person," as
that term is defined in Bankruptcy Code Sec. 101(14).
The firm can be reached through:
Jason A. Welt
Trustee Realty, Inc.
2200 N Commerce Pkwy Suite# 200
Weston, FL 33326
Phone: (954) 803-0790
About Relentless Holdings Corporation
Relentless Holdings Corporation is a Florida-based single asset
real estate company. The company owns and manages real property
located at 1011 Rhodes Villa Ave, Delray Beach, Fla., while
maintaining its principal place of business in Boca Raton.
Relentless Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13399) on March 28,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Mindy A. Mora handles the case.
The Debtor is represented by Sherri B. Simpson, Esq.
RELENTLESS HOLDINGS: Taps Simpson Law Group as Bankruptcy Counsel
-----------------------------------------------------------------
Relentless Holdings Corporation seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to hire
Simpson Law Group as bankruptcy counsel.
The firm will provide these services:
a. give advice to the Debtor with respect to its powers and
duties as a debtor-in-possession and the continued management of
its business operations;
b. 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;
c. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
d. protect the interest of the Debtor in all matters pending
before the court; and
e. represent the Debtor in negotiation with its creditors in the
preparation of a plan.
The firm will be paid at these rates:
Sherri B. Simpson $425 per hour
Paralegal $200 per hour
Legal Assistants $125 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Sherri B. Simpson, Esq., a partner at Simpson 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:
Sherri B. Simpson, Esq.
Simpson Law Group
7800 W. Oakland Park Blvd. Suite B-102
Sunrise, FL 33351
Tel: (954) 524-4141
Fax: (954) 763-5117
About Relentless Holdings Corporation
Relentless Holdings Corporation is a Florida-based single asset
real estate company. The company owns and manages real property
located at 1011 Rhodes Villa Ave, Delray Beach, Fla., while
maintaining its principal place of business in Boca Raton.
Relentless Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13399) on March 28,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Mindy A. Mora handles the case.
The Debtor is represented by Sherri B. Simpson, Esq.
RELIABLE HEALTHCARE: Unsecureds Owed $5K+ to Get 10% in TPPL Plan
-----------------------------------------------------------------
Trusted Partner Pharma Logistics, LLC (TPPL) submitted an Amended
Disclosure Statement describing Chapter 11 Plan for Reliable
Healthcare Logistics, LLC dated April 3, 2025.
TPPL for purposes of proceeding with a competing Chapter 11 Plan
(TPPL Plan) to acquire the assets of the Debtor.
TPPL from monthly operating reports and financials provided by
Debtor believes that Reliable is losing customers and on a downward
spiral. Reliable has been in bankruptcy for 14 months and appears
nothing has improved with little or no effort to get out of
bankruptcy. Customers do not appear to be comfortable with Reliable
thus losing customers.
TPPL is concerned that Reliable could be shut down and questions
viability of the company within the next 6 months. TPPL believes
that the company will run out of funds and need liquidation. It
seems imperative that the process of Disclosure Statement approval
move swiftly in order to proceed with confirmation hearing to save
Reliable.
Further TPPL is investor backed and healthcare focused and can move
the company forward. The proposed Plan of Reorganization by TPPL
proposes significant payments which if not paid through operations
of reorganized company are available to fund Plan by TPPL and
Projections attached by TPPL as to payments.
The Plan by TPPL will pay all classes within less than a year. The
Plan by TPPL will implement the Plan and all equity shares will be
cancelled and upon Entry of Order of Confirmation TPPL will become
sole shareholder and responsible for TPPL Plan and its provisions.
Class 4 consists of all allowed General Non-Priority Unsecured
Claims not provided for in another class, including, but not
limited to pre-petition trade creditors, rejection claims from
rejected leases or executory contracts, unsecured creditors whose
claims are listed in the Debtor's schedule but are not listed as
dispute, contingent, or unliquidated and unsecured creditors who
have filed proofs of claim for which no objections have been filed.
Class 4 claims aggregate approximately $14,201,924.
TPPL will pay according to the attached payment schedule certain
unsecured claims in full if $5,000 or less will be paid 100% of
their claim on Effective Date of Plan. All claims in Class 4 over
$5,000 will be paid the greater of 10% of their claim or $5,000
whichever is greater on Effective Date of Plan. There will be no
payment to any Debtor (Reliable) claims, Debtor owned company or
intercompany claims or insider claims. Class 4 is impaired.
Class 5 consists of the interests of Reliable Healthcare Logistics
Investments, LLC, the sole of the Debtor. Reliable Healthcare
Logistics Investments, LLC's pre-petition membership interest will
be extinguished on the Effective Date. TPPL is contributing new
capital to the reorganized debtor in the amount of $500,000 in
exchange for one hundred percent of the membership interest in the
reorganized Debtor.
Subject to the transactions contemplated by the Plan, and new
capital the Plan will be funded by the operation of the reorganized
Debtor by TPPL and the new Board of Directors.
TPPL will fund the company with TPPL acting as management under
confirmed Plan. TPPL will provide proof at confirmation hearing the
available funds needed for confirmation and payments.
A full-text copy of the Amended Disclosure Statement dated April 3,
2025 is available at https://urlcurt.com/u?l=BG2vh0 from
PacerMonitor.com at no charge.
Attorney for TPPL:
LAW FIRM OF TONI CAMPBELL PARKER
Toni Campbell Parker, Esq.
45 North Third, Ste. 201
MEMPHIS, TENNESSEE 38103
Phone: (901) 483-1020
Email: tparker002@att.net
About Reliable Healthcare Logistics
Reliable Healthcare Logistics, LLC is an independent 3PL recognized
for developing cost effective, innovative supply chain solutions
for complex logistics requirements in regulated industries. With
over 650,000 total square feet, its 9 Reliable facility locations
are dedicated to the secure and proper storage of pharmaceutical
products, including prescription and over-the counter-medications,
as well as providing services for medical device manufactures,
cosmetics, human and animal health and wellness companies. The
company is based in Memphis, Tenn.
Reliable Healthcare Logistics filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. W.D. Tenn. 24-20252) on
Jan. 19, 2024, with $1 million to $10 million in both assets and
liabilities. Mike Kattawar, Sr., chief strategic officer, signed
the petition.
Judge Jennie D. Latta oversees the case.
Michael P. Coury, Esq., at Glankler Brown, PLLC, is the Debtor's
legal counsel.
RITE AID: Files for Chapter 11 Bankruptcy Again
-----------------------------------------------
Drug store chain Rite Aid Corporation has returned to Chapter 11
bankruptcy less than a year from emerging from a prior bankruptcy.
Rite Aid said in a statement May 5, 2025, that it has filed new
Chapter 11 proceedings in the U.S. Bankruptcy Court for the
District of New Jersey to pursue a strategic and value-maximizing
sale process for substantially all of its assets.
During this process, Rite Aid customers can continue to access
pharmacy services and products in stores and online, including
prescriptions and immunizations. In connection with the sale
process and court-supervised proceedings, the Company is working to
facilitate a smooth transfer of customer prescriptions to other
pharmacies. Rite Aid employees assisting with this process will
continue to receive pay and benefits.
Matt Schroeder, Chief Executive Officer of Rite Aid, said, "For
more than 60 years, Rite Aid has been a proud provider of pharmacy
services and products to our loyal customers. While we have
continued to face financial challenges, intensified by the rapidly
evolving retail and healthcare landscapes in which we operate, we
are encouraged by meaningful interest from a number of potential
national and regional strategic acquirors. As we move forward, our
key priorities are ensuring uninterrupted pharmacy services for our
customers and preserving jobs for as many associates as possible."
Mr. Schroeder continued, "I will be forever grateful to our
thousands of associates for their commitment to Rite Aid and its
mission, and I thank our entire team -- from store associates to
corporate employees -- for their dedication to our customers and
our company. With their support, we have played a critical role in
supporting the healthcare needs of countless Americans across the
communities that we are honored to serve."
To support Rite Aid during its sale process, which it intends to
conduct under section 363 of the U.S. Bankruptcy Code, the Company
has secured commitments from certain of its existing lenders to
access $1.94 billion in new financing.
This financing, along with cash from operations, is expected to
provide sufficient funding during the sale and court-supervised
process. The Company intends to divest or monetize any assets that
are not sold through the court-supervised process. Rite Aid has
filed a number of customary motions with the Court seeking
authorization to support operations, including continued payment of
employee wages and benefits.
Majority of Stores to Remain Open
"Recently, Rite Aid has experienced a number of financial
challenges that have intensified as a result of the rapidly
evolving retail and healthcare landscapes in which we operate.
After considering all alternatives to address these issues, the
only viable path forward is to once again commence Chapter 11
proceedings to pursue a sale of our prescriptions, pharmacy and
front-end inventory, and other assets," the pharmacy said in a
letter to customers.
Rite Aid added that a majority of stores will remain open while it
pursues a sale of the assets.
"The majority of our stores will remain open and operating for the
next few months where you can continue to access pharmacy services
and products in stores and online, including prescriptions and
immunizations," Rite Aid said.
"We are working to facilitate a smooth transfer of customer
prescriptions to other pharmacies."
About Rite Aid
Rite Aid is a full-service pharmacy committed to improving health
outcomes. Rite Aid is defining the modern pharmacy by meeting
customer needs with a wide range of solutions that offer
convenience, including retail and delivery pharmacy, as well as
services offered through the Company's wholly owned subsidiary
Bartell Drugs. On the Web: http://www.riteaid.com/
Rite Aid and certain of its subsidiaries previously filed for
chapter 11 bankruptcy in October 2023 and emerged from bankruptcy
in August 2024.
On May 5, 2025, New Rite Aid, LLC and its subsidiaries, including
Rite Aid Corporation, commenced voluntary Chapter 11 proceedings
(Bankr. D.N.J. Lead Case No. 25-14861). As of the 2025 bankruptcy
filing date, Rite Aid operates 1,277 stores and 3 distribution
centers in 15 states and employs approximately 24,500 people. Rite
Aid is using the Chapter 11 process to pursue a sale of its
prescriptions, pharmacy and front-end inventory, and other assets.
The cases are being administered by the Honorable Michael B.
Kaplan.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
advisor, Guggenheim Securities, LLC is serving as investment
banker, and Alvarez & Marsal is serving as financial advisor to the
Company. Joele Frank, Wilkinson Brimmer Katcher is serving as
strategic communications advisor to the Company.
Kroll is the claims agent and maintains the page
https://restructuring.ra.kroll.com/RiteAid2025
Bank of America, N.A., as DIP Agent, is represented by lawyers at
Greenberg Traurig, LLP; and Choate Hall & Stewart LLP.
RITE AID: In Chapter 11 to Pursue Quick Sale of Pharmacy Assets
---------------------------------------------------------------
Rite Aid Corporation has returned to Chapter 11 bankruptcy to
pursue a quick sale of its pharmacy assets.
As of the Petition Date, Rite Aid operates 1,277 stores and 3
distribution centers in 15 states and employs approximately 24,500
people.
Rite Aid's primary business line is its pharmacy segment, through
which it offers a wide range of health care services to millions of
pharmacy-care customers in the United States, including dispensing
medications, performing immunizations and other clinical care,
assisting pharmacy-care customers with high blood pressure and
diabetes care, and educating pharmacy-care customers on managing
their medications and potential side effects. Rite Aid also sells
a variety of front-end merchandise, including health and beauty
aids, personal care products, seasonal merchandise, and a large
private brand portfolio of food and consumer products, through both
its physical locations and e-commerce business.
Pursuant to the Bidding Procedures Motion filed on the Petition
Date, the Debtors seek authority to sell any portion, all, or
substantially all of the Debtors' assets to one or more third-party
buyers. These assets include, without limitation, (a) the Debtors'
prescription files (and related records), pharmacy inventory, and
any assets related to or requested to be acquired in connection
with the foregoing (including, without limitation, unexpired leases
and other real and personal property associated with the sale of
retail pharmacy locations on a going concern basis) (collectively,
the "Pharmacy Assets") and (b) all of the Debtors' assets that are
not Pharmacy Assets, including intellectual property, the Thrifty
Ice Cream business and related assets, various technology and
software assets, including proprietary pharmacy management software
(i.e., NexGen), the central prescription fill facility, other real
and personal property, unexpired leases, executory contracts,
equipment, inventory, supplies, insurance proceeds, prepaid
expenses and deposits, and books and records (collectively, the
"Other Assets", and together with the Pharmacy Assets, the
"Assets").
Quick Sale of Pharmacy Business
Rite Aid prides itself on its pharmacy-care business and is
committed to delivering outstanding care, as it has always done --
prior to, during, and after the 2023 bankruptcy cases. But, Rite
Aid faces unforeseen business headwinds, and without chapter 11
relief -- particularly an orderly sale of Rite Aid's
assets-pharmacy care may be threatened.
Rite Aid said in court filings its prescriptions are its most
valuable asset, and that value corresponds to the substantial
health, safety, and pharmacy care services customers trust Rite Aid
to provide. Rite Aid must conduct a timely, orderly,
court-supervised sale of its assets, including its prescriptions,
to ensure an uninterrupted supply of medications to pharmacy-care
customers who need them and preserve value for the estate.
Customers are free to transfer their prescriptions to other
pharmacies at any time, but the transfer process can be
resource-and labor-intensive. These customer-initiated transfers
also erode value for the Debtors because prescriptions transferred
before a sale is closed (referred to as "attrition") can result in
a downward adjustment to the purchase price agreed to by a buyer of
prescriptions. The longer the process takes, the greater the risk
of attrition, and the more value leakage can be expected in these
chapter 11 cases.
Under the Bid Procedures, the Debtors propose a May 13 deadline for
initial bids for the Pharmacy Assets, and a May 14, 2025 auction if
qualified bids are received by the deadline. As of the remaining
assets, the deadline for initial bids will be June 13, 2025, and an
auction will be conducted on June 20.
Over $2 Billion in Debt
As of the Petition Date, the Debtors have $2.161 billion in
aggregate principal amount of funded debt obligations outstanding:
* $1,460,693,742 outstanding under the ABL facility;
* $240,000,000 outstanding under the FILO facility;
* $83,000,000 outstanding under 1.5 Lien Notes; and
* $377,000,000 outstanding under the 3L Notes;
Store Closings
During the 2023 bankruptcy cases, Rite Aid sold or wound down about
800 underperforming stores in total across the country, including
substantially all of its stores in Michigan and Ohio, aligning the
Company's portfolio with its long-term strategic plan. Since
emerging from the 2023 cases in August 2024, the Company has closed
an additional 29 underperforming stores based on a monthly
evaluation of their financial performance and other factors. The
Company has also entered into purchase agreements with buyers of
prescription files for over 60 store locations, which the Company
intends to consummate during the chapter 11 cases. There are also
approximately 50 store locations planned for closure with no
expected prescription sales. There are additionally 275 store
locations that have or will have asset purchase agreements for
regional transactions in process.
About Rite Aid
Rite Aid is a full-service pharmacy committed to improving health
outcomes. Rite Aid is defining the modern pharmacy by meeting
customer needs with a wide range of solutions that offer
convenience, including retail and delivery pharmacy, as well as
services offered through the Company's wholly owned subsidiary
Bartell Drugs. On the Web: http://www.riteaid.com/
Rite Aid and certain of its subsidiaries previously filed for
chapter 11 bankruptcy in October 2023 and emerged from bankruptcy
in August 2024.
On May 5, 2025, New Rite Aid, LLC and its subsidiaries, including
Rite Aid Corporation, commenced voluntary Chapter 11 proceedings
(Bankr. D.N.J. Lead Case No. 25-14861). As of the 2025 bankruptcy
filing date, Rite Aid operates 1,277 stores and 3 distribution
centers in 15 states and employs approximately 24,500 people. Rite
Aid is using the Chapter 11 process to pursue a sale of its
prescriptions, pharmacy and front-end inventory, and other assets.
The cases are being administered by the Honorable Michael B.
Kaplan.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
advisor, Guggenheim Securities, LLC is serving as investment
banker, and Alvarez & Marsal is serving as financial advisor to the
Company. Joele Frank, Wilkinson Brimmer Katcher is serving as
strategic communications advisor to the Company.
Kroll is the claims agent and maintains the page
https://restructuring.ra.kroll.com/RiteAid2025
Bank of America, N.A., as DIP Agent, is represented by lawyers at
Greenberg Traurig, LLP; and Choate Hall & Stewart LLP.
RITE AID: Seeks Approval of $1.94-Bil. DIP Financing from BofA
--------------------------------------------------------------
To facilitate a successful chapter 11 process, New Rite Aid LLC and
its debtor-affiliates have secured a debtor-in-possession senior
secured superpriority facility, to be funded by their Prepetition
ABL Lenders, in an aggregate principal amount of up to $1.94
billion, comprised of:
(a) $1.7 billion DIP asset-based revolving credit facility;
and
(b) $240 million DIP "first-in, last-out" term loan facility.
The Debtors estimate that approximately $600 million of Revolving
Loans under the ABL Facility will be refinancing with Roll-Up DIP
Revolving Loans pursuant to the Interim ABL Roll-Up.
Marc Liebman, Managing Director at Alvarez & Marsal North America
LLC, serving as the Debtors' Chief Transformation Officer, explains
the DIP Facilities are essential to the Debtors' realization of a
successful, value-maximizing sales process. "[T]he liquidity
provided under the DIP Facilities is necessary for the Debtors to
fund postpetition operations and chapter 11 process costs, as well
as to send a strong signal to the market and to the Debtors' key
constituencies that the Debtors can satisfy postpetition
obligations and continue to provide uninterrupted pharmacy care
during the pendency of these chapter 11 cases," Liebman says. "The
Debtors believe that the proposed DIP Facilities are the best --
and only -- viable option to fund these cases for the benefit of
the Debtors' stakeholders under the circumstances leading up to the
commencement of these cases."
The Debtors said the combined effect of lower than expected
liquidity from letter of credit facilities, inventory challenges,
strained vendor relations, lower consumer spending, and competitive
pressures has ultimately left the Company with insufficient
liquidity to operate its business and service its debt obligations
in the ordinary course. Since November 2024, the Company has only
generated negative adjusted EBITDA as the impacts of these factors
accumulated.
The Debtors' prepetition sale process has resulted in six
indications of interest for various parts of the Debtors'
businesses, along with one indication of interest for the combined
purchase of substantially all of the Debtors' prescription files
and certain parts of their inventory.
Bank of America, N.A. serves as administrative agent and collateral
agent under the DIP Facilities. Other agents and arrangers include
Wells Fargo Bank, National Association and Capital One, National
Association.
Among others, the Debtors are required under the DIP facilities
obtain bids for their Specified Retail and Pharmacy assets by May
13 and for any Specified Other Assets by June 12; and conclude the
Specified Retail / Pharmacy Assets Auction by May 15. A sale
hearing must be held by May 21 to approve one or more Specified
Retail / Pharmacy Assets Sales. A hearing with respect to the sale
of Other Assets must be held by June 25.
About Rite Aid
Rite Aid is a full-service pharmacy committed to improving health
outcomes. Rite Aid is defining the modern pharmacy by meeting
customer needs with a wide range of solutions that offer
convenience, including retail and delivery pharmacy, as well as
services offered through the Company's wholly owned subsidiary
Bartell Drugs. On the Web: http://www.riteaid.com/
Rite Aid and certain of its subsidiaries previously filed for
chapter 11 bankruptcy in October 2023 and emerged from bankruptcy
in August 2024.
On May 5, 2025, New Rite Aid, LLC and its subsidiaries, including
Rite Aid Corporation, commenced voluntary Chapter 11 proceedings
(Bankr. D.N.J. Lead Case No. 25-14861). As of the 2025 bankruptcy
filing date, Rite Aid operates 1,277 stores and 3 distribution
centers in 15 states and employs approximately 24,500 people. Rite
Aid is using the Chapter 11 process to pursue a sale of its
prescriptions, pharmacy and front-end inventory, and other assets.
The cases are being administered by the Honorable Michael B.
Kaplan.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
advisor, Guggenheim Securities, LLC is serving as investment
banker, and Alvarez & Marsal is serving as financial advisor to the
Company. Joele Frank, Wilkinson Brimmer Katcher is serving as
strategic communications advisor to the Company.
Kroll is the claims agent and maintains the page
https://restructuring.ra.kroll.com/RiteAid2025
Bank of America, N.A., as DIP Agent, is represented by lawyers at
Greenberg Traurig, LLP; and Choate Hall & Stewart LLP.
RITE AID: Seeks Ch. 11 Bankruptcy, Pursues Strategic Sale Process
-----------------------------------------------------------------
On May 5, 2025, Rite Aid Corporation announced the launch of a
strategic sale process aimed at maximizing value through the sale
of substantially all of its assets. To support this effort, Rite
Aid and select subsidiaries have voluntarily filed for Chapter 11
protection in the U.S. Bankruptcy Court for the District of New
Jersey.
Throughout the restructuring, Rite Aid will continue to provide
customers with pharmacy services and products, both in-store and
online, including prescriptions and immunizations. The Company is
working to ensure a seamless transition of prescriptions to other
pharmacy providers. Employees supporting the process will continue
to receive pay and benefits.
"For over 60 years, Rite Aid has proudly delivered pharmacy
services to communities across the country," said Matt Schroeder,
Chief Executive Officer of Rite Aid. "While ongoing financial
pressures, intensified by shifts in the healthcare and retail
sectors, have presented challenges, we are encouraged by strong
interest from potential national and regional buyers. Our priority
remains maintaining pharmacy access for our customers and
preserving jobs wherever possible."
Schroeder added, "I'm deeply thankful to our associates for their
dedication to Rite Aid's mission. Their work has been instrumental
in supporting the healthcare needs of countless Americans."
To fund operations during the sale process, which will proceed
under Section 363 of the U.S. Bankruptcy Code, Rite Aid has secured
commitments for $1.94 billion in new financing from existing
lenders. This, along with ongoing operational cash flow, is
expected to provide adequate funding throughout the proceedings.
The Company also plans to divest or monetize any assets not sold
through the court process and has filed customary motions to
maintain operations, including employee wage and benefit payments.
Advisors to the Company include Paul, Weiss, Rifkind, Wharton &
Garrison LLP (legal), Guggenheim Securities, LLC (investment
banking), Alvarez & Marsal (financial), and Joele Frank, Wilkinson
Brimmer Katcher (strategic communications).
About Rite Aid Corp.
Rite Aid -- http://www.riteaid.com-- is a full-service pharmacy
that improves health outcomes. Rite Aid is defining the modern
pharmacy by meeting customer needs with a wide range of vehicles
that offer convenience, including retail and delivery pharmacy, as
well as services offered through our wholly owned subsidiaries,
Elixir, Bartell Drugs and Health Dialog. Elixir, Rite Aid's
pharmacy benefits and services company, consists of accredited mail
and specialty pharmacies, prescription discount programs and an
industry leading adjudication platform to offer superior member
experience and cost savings. Health Dialog provides healthcare
coaching and disease management services via live online and phone
health services. Regional chain Bartell Drugs has supported the
health and wellness needs in the Seattle area for more than 130
years. Rite Aid employs more than 6,100 pharmacists and operates
more than 2,100 retail pharmacy locations across 17 states.
The Debtors sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D.N.J. Lead Case No. 23-18993) on Oct. 15, 2023. In
the petition signed by Jeffrey S. Stein, chief executive officer
and chief restructuring officer, Rite Aid disclosed $7,650,418,000
in total assets and $8,597,866,000 in total liabilities.
Judge Michael B. Kaplan oversees the cases.
The Debtors tapped Kirkland & Ellis LLP and Kirkland & Ellis
International LLP as general bankruptcy counsel, Cole Schotz, P.C.,
as local bankruptcy counsel, Guggenheim Partners as investment
banker, Alvarez & Marsal North America, LLC as financial, tax and
restructuring advisor, and Kroll Restructuring Administration as
claims and noticing agent.
2nd Attempt
Rite Aid Corp. and subsidiaries sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-14861) on
May 5, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Michael B. Kaplan oversees the case.
The Debtor is represented by Michael D. Sirota, Esq., Warren A.
Usatine, Esq., Felice R. Yudkin, Esq., and Seth Van Aalten, Esq. at
COLE SCHOTZ P.C. and Andrew N. Rosenberg, Esq., Alice Belisle
Eaton, Esq., Christopher Hopkins, Esq., and Sean A. Mitchell, Esq.
at PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP.
Advisors to the Company include Paul, Weiss, Rifkind, Wharton &
Garrison LLP (legal), Guggenheim Securities, LLC (investment
banking), Alvarez & Marsal (financial), and Joele Frank, Wilkinson
Brimmer Katcher (strategic communications). A&G REALTY PARTNERS,
LLC is the Debtor's Real Estate
Advisory Services Provider and KROLL RESTRUCTURING ADMINISTRATION
LLC as Claims & Noticing Agent.
RYAN HOHMAN: Seeks to Hire Diaz & Larsen as Bankruptcy Counsel
--------------------------------------------------------------
Ryan Hohman LLC seeks approval from the U.S. Bankruptcy Court for
the District of Utah to hire Diaz & Larsen as counsel.
The firm's services include:
a. advising the Debtor of its rights, powers, and duties as
debtor and debtor in possession;
b. taking 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 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. assisting in preparing on behalf of the Debtor all
necessary schedules and statements, motions, applications, answers,
orders, reports, and papers in connection with the administration
of the Debtor's estate;
d. assisting in presenting the Debtor's proposed plan of
reorganization and all related transactions and any related
revisions, amendments, etc.; and
e. performing all other necessary legal services in connection
with this chapter 11 case.
Diaz & Larsen received a retainer from the Debtor in the amount of
$37,000.
Andres Diaz, a manager at Diaz & Larsen, 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:
Andres Diaz, Esq.
Timothy J. Larsen, Esq.
DIAZ & LARSEN
757 East South Temple, Suite 201
Salt Lake City, UT 84102
Telephone: (801) 596-1661
Facsimile: (801) 359-6803
Email: courtmail@adexpresslaw.com
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.
SANTOSELJACH LLC: Hires Brian K. McMahon PA as Bankruptcy Counsel
-----------------------------------------------------------------
SantosEljach, LLC seeks approval from the U.S. Bankruptcy Court for
the Southern District of Florida to employ Brian K. McMahon PA as
counsel.
The firm will render these services:
(a) advise the Debtor with respect to its powers and duties;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare legal documents necessary in the administration of
the case;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
Brian McMahon, Esq., the primary attorney in this representation,
will be paid at his hourly rate of $450.
The Debtor will pay the firm $2,000 per month.
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. McMahon 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:
Brian K. McMahon, Esq.
Brian K. McMahon, PA
1401 Forum Way, Suite 730
West Palm Beach, FL 33401
Tel: (561) 478-2500
Fax: (561) 478-3111
Email: briankmcmahon@gmail.com
About SantosEljach LLC
SantosEljach, LLC filed Chapter 11 petition (Bankr. S.D. Fla. Case
No. 25-12778) on March 14, 2025, listing between $500,001 and $1
million in both assets and liabilities.
Judge Mindy A. Mora oversees the case.
The Debtor hires Brian K. McMahon PA as counsel.
SHIELDS NURSING: Court Extends Cash Collateral Access to May 23
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of California,
Oakland Division, granted Shields Nursing Centers, Inc.
authorization to continue using cash collateral through May 23.
The company was authorized to use the cash collateral of its
secured creditors to make payments as outlined in its projected
budget.
The budget projects total revenue of $8,770,000 and total expenses
of $8,365,860.55 for the period from May to October.
The secured creditors' liens on the cash collateral will attach to
the receivables collected and to be collected between the petition
date and May 23.
The next hearing is scheduled for May 23.
About Shields Nursing Centers
Shields Nursing Centers, Inc. owns and operates a skilled nursing
facility in Hercules, Calif., which offers rehabilitation programs
including physical, occupational and speech therapy.
Shields Nursing Centers filed its voluntary Chapter 11 petition
(Bankr. N.D. Calif. Case No. 23-41201) on Sept. 20, 2023, with
$1,726,970 in assets and $13,504,710 in liabilities. William M.
Shields Jr., chief executive officer, signed the petition.
Judge Charles Novack oversees the case.
The Law Offices of Michael Jay Berger serves as the Debtor's
bankruptcy counsel.
SHILLINGS' CANNERY: Hires McNamee Hosea as Bankruptcy Counsel
-------------------------------------------------------------
Shillings' Cannery, L.L.C. seeks approval from the U.S. Bankruptcy
Court for the District of Colombia to hire McNamee Hosea, P.A. as
its general bankruptcy counsel.
The firm will render these services:
(a) provide the Debtor legal advice with respect to its powers
and duties;
(b) prepare any necessary legal papers, and appear on the
Debtor's behalf in proceedings instituted by or against it;
(c) assist the Debtor in the process of selling its property
and the confirmation of a plan and approval of a disclosure
statement;
(d) assist the Debtor with other legal matters;
(e) perform all of the legal services for the Debtor that may
be necessary or desirable.
The firm will be paid at these rates:
Janet M. Nesse $575 per hour
Justin P. Fasano $450 per hour
Craig M. Palik $450 per hour
Kevin R. Feig $375 per hour
On March 28, 2025, McNamee Hosea was provided a $25,000 retainer,
as security for its fees and expenses in this case.
Justin Fasano, Esq., a principal at McNamee Hosea, 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:
Justin P. Fasano, Esq.
McNamee Hosea, P.A.
6404 Ivy Lane, Suite 820
Greenbelt, MD 20770
Tel: (301) 441-2420
Email: jfasano@mhlawyers.com
About Shillings' Cannery, L.L.C.
Shillings' Cannery, L.L.C. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D.C. Case No.
25-00145) on April 22, 2025, listing $100,001 to $500,000 in assets
and $500,001 to $1 million in liabilities.
Judge Elizabeth L Gunn presides over the case.
Justin Philip Fasano, Esq. at Mcnamee Hosea, P.A. represents the
Debtor as counsel.
SK INDUSTRIES: Hearing on Bid to Use Cash Collateral Set for May 9
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Florida,
Pensacola Division is set to hold a hearing on May 9 to consider
another extension of SK Industries, LLC's authority to use cash
collateral.
The company's authority to use cash collateral pursuant to the
court's April 29 order expires on May 9.
The April 29 order approved the payment of SK Industries' expenses
from the cash collateral in accordance with the budget it filed
with the court.
The order also granted Regions Bank a post-petition replacement
lien on the company's personal property and accounts receivable and
approved the monthly payment of $15,000 to the secured creditor.
Regions Bank is represented by:
Dana L. Robbins-Boehner, Esq.
Burr & Forman, LLP
201 North Franklin Street, Suite 3200
Tampa, FL 33602
(813) 221-2626 (voice)
(813) 221-7335 (fax)
drobbins-boehner@burr.com
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.
Judge Jerry C. Oldshue, Jr. oversees the case.
The Debtor is represented by Byron W. Wright III, Esq., at Bruner
Wright, P.A.
SORENTO ON YESLER: Seeks Extension of Cash Collateral Use
---------------------------------------------------------
Sorento on Yesler Owner, LLC asked the U.S. Bankruptcy Court for
the Western District of Washington, at Seattle, to renew its
authorization to use cash collateral beyond the current expiration
date of May 18.
The Debtor had previously been granted permission to use cash
collateral under a final order issued on Feb. 25, which included
two forms of adequate protection: an equity cushion and monthly
payments of $100,940 from rental proceeds.
The existing budget accompanying that order covers operations
through July. With hearings on the Debtor's disclosure statement
and reorganization plan scheduled for May 15 and the earliest
potential plan effective date set for May 29, the Debtor wants to
extend the cash collateral authorization through the end of July to
ensure continuity regardless of whether the plan is confirmed or
delayed.
The Debtor argued that adequate protection remains in place since
payments to the secured creditor are made directly from rental
income via a lockbox. However, there is a dispute over the
property's valuation and the applicability of default interest, and
the Debtor asked the court to hold an evidentiary hearing if those
issues prevent immediate approval.
A copy of the motion is available at https://urlcurt.com/u?l=KLK0N5
from PacerMonitor.com.
About Sorento on Yesler Owner
Sorento on Yesler Owner, LLC is a Single Asset Real Estate debtor
(as defined in 11 U.S.C. Section 101(51B)).
Sorento sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Wash. Case No. 24-13217) on December 17, 2024,
with $10 million to $50 million in both assets and liabilities.
Judge Christopher M. Alston handles the case.
The Debtor is represented by Christopher L. Young, Esq., at the Law
Offices of Christopher L. Young, PLLC.
SPENCER & ASSOCIATES: Gets Final OK to Use Cash Collateral
----------------------------------------------------------
Spencer & Associates Therapeutic Alliance, PLLC received final
approval from the U.S. Bankruptcy Court for the Southern District
of Texas, Houston Division, to use cash collateral.
The final order authorized Spencer & Associates to use cash
collateral, including revenue collected in the ordinary course of
business, in accordance with its budget.
The U.S. Small Business Administration and several other creditors
may assert interests in the cash collateral.
As protection, these secured creditors were granted replacement
liens on post-petition cash collateral and property to the same
extent and with the same priority as their pre-bankruptcy liens.
The replacement liens are subject and subordinate to a carve-out
for Bankruptcy Court Clerk fees, the U.S. Trustee fees, and other
fees approved by the court.
About Spencer & Associates Therapeutic Alliance
Spencer & Associates Therapeutic Alliance, PLLC operates an
outpatient mental health clinic.
Spencer & Associates filed Chapter 11 petition (Bankr. S.D. Texas
Case No. 25-31668) on March 28, 2025, listing up to $500,000 in
assets and up to $10 million in liabilities. Regina Spencer, owner
of Spencer & Associates, signed the petition.
Judge Eduardo V. Rodriguez oversees the case.
Robert C Lane, Esq., at the Lane Law Firm, represents the Debtor as
bankruptcy counsel.
STARKS LAW: Hires Kulbago Accounting Services as Accountant
-----------------------------------------------------------
Starks Law, PC seeks approval from the U.S. Bankruptcy Court for
the Western District of Pennsylvania to hire Kulbago Accounting
Services LLC as accountant.
The firm's services include:
a. enter accounting transactions for prior periods, as
needed;
b. assist with completing the accounting for tax year 2024;
c. reconcile accounting data and reports to ensure the
accuracy of the business and accounting records;
d. create year end accounting reports for tax year 2024;
e. prepare various tax compliance filings including Federal
and State income tax returns for tax year 2024;
f. assist with Debtor’s required filings in its ongoing
bankruptcy matter, including but not limited to monthly operating
reports.
The firm will be paid at these rates:
Jeff Kulbago $225 per hour
Staff Accountants $150 per hour
Jeff Kulbago, accountant with Kulbago Accounting Services LLC,
assured the court that they represent no interest adverse to the
bankruptcy estate.
The firm can be reached through:
Jeff Kulbago, CPA, ARM
Kulbago Accounting Services LLC
4029 Thomas Run Rd.
Oakdale, PA 15071
Phone: (412) 519-4839
About Starks Law, PC
Starks Law, PC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. W.D. Pa. Case No.
24-23028) on Dec. 13, 2024, listing $100,001 to $500,000 in assets
and $1,000,001 to $10 million in liabilities. Donald R. Calaiaro,
Esq. at Calaiaro Valencik represents the Debtor as counsel.
STEWARD HEALTH: Sens. Wants Criminal Probe on Ex-CEO de la Torre
----------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that Senators
Elizabeth Warren and Ed Markey are urging the Justice Department
and the SEC to launch a criminal investigation into former Steward
Health Care CEO Ralph de la Torre, alleging he and other executives
enriched themselves while steering the hospital chain into
bankruptcy.
The Massachusetts lawmakers made the call nearly a year after
Steward's bankruptcy filing, following a unanimous Senate contempt
referral last year after de la Torre ignored a subpoena from the
Senate Committee on Health, Education, Labor, and Pensions, the
report states.
About Steward Health Care
Steward Health Care System, LLC owns and operates the largest
private physician-owned for-profit healthcare network in the U.S.
Headquartered in Dallas, Texas, Steward's operations include 31
hospitals in eight states, approximately 400 facility locations,
4,500 primary and specialty care physicians, 3,600 staffed beds,
and nearly 30,000 employees. Steward Health Care provides care to
more than two million patients annually.
Steward and 166 affiliated debtors filed Chapter 11 petitions
(Bankr. S.D. Texas Lead Case No. 24-90213) on May 6, 2024. Judge
Christopher M. Lopez oversees the cases.
The Debtors tapped Weil, Gotshal & Manges, LLP as bankruptcy
counsel; McDermott Will & Emery as special corporate and regulatory
counsel; AlixPartners, LLP as financial advisor and John Castellano
of AlixPartners as chief restructuring officer. Lazard Freres & Co.
LLC, Leerink Partners LLC, and Cain Brothers, a division of KeyBanc
Capital Markets Inc., provide investment banking services to the
Debtors. Kroll is the claims agent.
Susan N. Goodman is the patient care ombudsman appointed in the
Debtors' cases.
SUIRAD GROUP: Claims Will be Paid from Property Sale/Refinance
--------------------------------------------------------------
Suirad Group LLC filed with the U.S. Bankruptcy Court for the
Northern District of Georgia a Plan of Reorganization dated April
2, 2025.
The Debtor is a Georgia limited liability company organized in
September 2019 for the purpose of owning certain real property
located at 521 Auburn Ave. NE, Atlanta, GA 30312 (the "Property").
Darius George is the sole member and manager of Suirad Group LLC.
Mr. George does not receive a salary from the Debtor. Debtor
operated the Property as a short-term rental property. Debtor took
out a loan to finance the purchase of the Property from U.S. Bank
in the principal amount of $1,200,000 secured by a Deed to Secure
Debt.
On November 22, 2024, Debtor received a "Notice of Acceleration and
Foreclosure" from U.S. Bank which accelerated the loan and schedule
a foreclosure sale of the Property for January 7, 2025. Debtor
filed this instant proceeding to reorganize its financial affairs
without the threat of foreclosure.
This Plan deals with all property of Debtor and provides for
treatment of all Claims against Debtor and its property.
Class 7 consists of general unsecured claims not otherwise
specifically classified in the Plan. The Debtor will pay the
Holders of Class 7 General Unsecured Claims in accordance with the
Plan Payment Procedures set forth in Article 4.10 of the Plan.
Debtor discloses that its scheduled unsecured claims and proofs of
claims for unsecured claims $64,857.08. The Class 7 Claims are
Impaired by the Plan and the holders of the Class 7 Claims are
entitled to vote to accept or reject the Plan.
Class 8 consists of Equity Claims. Darius George will retain 100%
of the membership interest in the Debtor. The Claim of the Class 8
Creditor is not Impaired by the Plan and the holder of the Class 8
Claim is not entitled to vote to accept or reject the Plan.
"Administrative and General Unsecured Creditors Payment" means the
projected disposable income of the Debtor to be received in the
three-year-period beginning on the date that the first payment is
due to the General Unsecured Creditors under this Plan provided,
which will be applied to make payments under the Plan. The
Administrative and General Unsecured Creditors Payment shall be
fixed based upon the amount set forth on the Budget.
The Debtors shall pay the Administrative and General Unsecured
Creditors Payment in full satisfaction of its obligations to (i)
administrative claims and (ii) Class 6 General Unsecured Claims.
Such Administrative and General Unsecured Creditors Payments shall
be disbursed as follows:
* First, pro-rata to the Holders of an Allowed Administrative
Expense Claims, pro rata with all other Allowed Administrative
Expense Claims, until all Allowed Administrative Expense Claims are
paid in full. Debtor anticipates the following administrative
expense claims: (1) Jones & Walden, LLC, as counsel to the Debtor,
and (2) Tamara Ogier, as Subchapter V Trustee.
* Second, all remaining payments shall be paid to the Holders
of an Allowed Class 6 General Unsecured Claim, pro rata with all
other Allowed Class 6 General Unsecured Claims.
The source of funds for the payments pursuant to the Plan is the
sale or refinancing of the Property to pay claims under the Plan.
A full-text copy of the Plan of Reorganization dated April 2, 2025
is available at https://urlcurt.com/u?l=oRCQa7 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Cameron M. McCord
699 Piedmont Avenue, NE
Atlanta, GA 30308
Tel: (404) 564-9300
Email: CMcCord@joneswalden.com
About Suirad Group
Suirad Group, LLC, a company in Atlanta, Ga., sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Ga. Case No. 25-50072) on January 3, 2025. In its petition, the
Debtor reported $1 million to $10 million in both assets and
liabilities.
Cameron M. McCord, Esq., at Jones & Walden, LLC represents the
Debtor as legal counsel.
SUNOCO LP: Moody's Puts 'Ba1' CFR Under Review for Downgrade
------------------------------------------------------------
Moody's Ratings has placed Sunoco LP's ratings on review for
downgrade, including its Ba1 corporate family rating, its Ba1-PD
probability of default rating and its Ba1 senior unsecured notes
rating. The Ba1 backed senior unsecured ratings of NuStar
Logistics, L.P. and the backed revenue bonds issued by St. James
(Parish of) LA was also placed on review for downgrade. Previously,
the outlook was stable. Sunoco's speculative grade liquidity rating
(SGL) remains unchanged at SGL-2.
Sunoco has entered into a definitive agreement to acquire Calgary,
Alberta-based Parkland Corporation (Parkland, Ba2 stable), a large
retailer, marketer and distributor of fuel and petroleum products
servicing both retail and commercial customers across Canada, the
US and the Caribbean. Under the proposed terms, Sunoco will pay
$9.1 billion to acquire Parkland, including Parkland's outstanding
debt of $3.75 billion, with the remainder funded through a mixture
of debt and equity.
The review for downgrade reflects the leveraging nature of the
transaction – debt/EBITDA will exceed the 4.5x downgrade
threshold on a Moody's-adjusted basis, post-close – and the need
for shareholder (as well as court and regulatory) approvals, that
comes in the midst of a proxy battle between Parkland and its
largest shareholder, Simpson Oil Limited, which has a 19.8% stake
in Parkland. The shareholder vote on the proposed acquisition will
take place at Parkland's annual general meeting on June 24, 2025,
and is expected to close in the second half of 2025.
RATINGS RATIONALE / FACTORS THAT COULD LEAD TO AN UPGRADE OR
DOWNGRADE OF THE RATINGS
The review will consider Sunoco's deleveraging plan, its ability to
achieve its targeted strategies given the modest physical overlap
between the two businesses, an evaluation of the company's strategy
in light of its recent accelerated pace of acquisitions, and the
composition of financing Sunoco pays for Parkland.
Excluding the ratings review, ratings could be upgraded if Sunoco's
growth and acquisition activity remains biased toward more stable
midstream activities, and its adjusted debt/EBITDA approaches 3.75x
while maintaining strong distribution coverage.
The ratings could be downgraded if adjusted leverage is
consistently above 4.5x and distribution coverage is maintained
below 1.2x.
Sunoco is a diversified midstream master limited partnership with a
large motor fuel distribution network and crude oil, refined
products, renewable fuels, and ammonia pipeline, storage and
terminalling operations. Sunoco's general partner is owned by
Energy Transfer LP (ET). ET also owns 21% of SUN's common units.
Sunoco is headquartered in Dallas, Texas.
The principal methodology used in these ratings was Midstream
Energy published in February 2022.
SYNTHEGO CORP: Seeks Ch. 11 Bankruptcy, Plans to Sell to Lenders
----------------------------------------------------------------
Steven Church of Bloomberg News reports that Synthego Corp., which
supplies gene-editing tools to drug developers and researchers, has
filed for bankruptcy and plans to sell itself to its primary
lender—an affiliate of private equity firm Perceptive Advisors.
In a proposal filed Monday, May 5, 2025, in federal court in
Wilmington, Delaware, the company stated that Perceptive Credit
Holdings III would convert up to $85 million in debt into ownership
of Synthego, unless a better offer emerges. Perceptive Advisors
manages around $8 billion, primarily invested in healthcare
technology.
About Synthego Corp.
Synthego Corp. supplier of gene-editing tools to drug developers
and researchers.
Synthego Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-10823) on May 5, 2025.
In its petition, the Debtor reports estimated assets between $50
million and $100 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by James E O'Neill, Esq. at Pachulski
Stang Ziehl & Jones LLP.
SYNTHEGO CORPORATION: Case Summary & 30 Top Unsecured Creditors
---------------------------------------------------------------
Debtor: Synthego Corporation
3696 Haven Avenue, Suite A
Redwood City, CA 94063
Business Description: Synthego is a biotechnology company that
provides end-to-end CRISPR genome editing
solutions for research and therapeutic
applications. Based in Silicon Valley, it
manufactures guide RNAs and other gene
-editing tools used by academic institutions
and biopharmaceutical companies worldwide.
Founded in 2012, the Company also offers
regulatory support and is expanding into
enzyme and nuclease development.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-10823
Judge: Hon. Mary F Walrath
Debtor's
Bankruptcy
Counsel: James E. O'Neill, Esq.
PACHULSKI STANG ZIEL & JONES LLP
919 North Market Street
17th Floor
Wilmington, DE 19801
Tel: 302-652-4100
Email: joneill@pszjlaw.com
Debtor's
Investment
Banker: RAYMOND JAMES & ASSOCIATES, INC.
Debtor's
Corporate
Counsel: FENWICK & WEST LLP
Debtor's
Claims,
Noticing,
Solicitation
Agent and
Administrative
Advisor: EPIQ CORPORATE RESTRUCTURING LLC
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $100 million to $500 million
The petition was signed by Allen Soong as chief restructuring
officer.
A full-text copy of the petition is available for free on
PacerMonitor at:
List of Debtor's 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Wellington Hadley Harbor Note $51,006,966
Master Investors (Cayman) III L.P.
280 Congress Street
Boston, Ma 02210
Contact: Timothy Kane
Phone: 345-943-3100
Email: tmkane@wellington.com
2. 8VC Co-Invest Fund I, L.P. Note $37,164,644
907 South Congress Ave
Austin, TX 78704
Contact: Nathan Fotedar
Phone: 512-370-2276
Email: nathan@8vc.com
3. 8VC Fund I, L.P Note $15,096,844
907 South Congress Ave
Austin, TX 78704
Contact: Nathan Fotedar
Phone: 512-370-2276
Email: nathan@8vc.com
4. PRS, LLC Note $5,238,965
250 West 55th Street
26th Floor
New York, NY 10019
Contact: Erin Lassen, CFO
Phone: 212-271-8015
Email: np@psoros.com
5. Menlo Ventures XI, L.P. Note $4,687,982
3000 Sand Hill Road
Building 4, Suite 100
Menlo Park, CA 94025
Contact: John G. Stokes
Phone: 650 854-8540
Email: finance@menlovc.com
6. Leslie Enterprises LP Note $814,026
738 Westridge Drive
Portola Valley, CA 94028
Contact: Mark Leslie
Phone: 650-619-8668
Email: mleslie@leslieventures.com
7. Declaration Capital PE SPV XLVI LLC Note $723,437
510 Madison Avenue
New York, NY 10022
Contact: Rob Jackowitz
Phone: 212-321-4030
Email: rjackowitz@declarationpartners.com
8. Emerging Technologies Fund III LLC Note $627,191
1140 Avenue Of The Americas
9th Floor
New York, NY 10036
Contact: Marc Weiss
Phone: 646-380-6611
Email: marc.weiss@ofcap.com
9. Luma Bio-It SPV-A, L.P. Note $625,951
Pier 5
Suite 101
San Francisco, CA 94111
Contact: Ian Shannon,
General Counsel
Phone: 415-366-8393
Email: legal@8vc.com
10. Apprentice FS Inc. Trade Debt $540,000
190 Christopher Columbus Drive
Unit 5A
Jersey City, NJ 07302
Contact: Steven Corey
Phone: 484-949-1918
Email: steven.corey@apprenticefs.com
11. Emerging Technologies Note $501,753
Fund II LLC
1140 Avenue Of The Americas
9th Floor
New York, NY 10036
Contact: Marc Weiss
Phone: 646-380-6611
Email: marc.weiss@ofcap.com
12. ERS Genomics Limited Trade Debt $310,784
88 Harcourt Street
Dublin D02 Dk18
Ireland
Contact: John Milad
Phone: 353 (1) 539 0082
Email: finance@ersgenomics.com;
john.milad@ersgenomics.com
13. Luma Bio-It SPV, L.P. Note $255,865
Pier 5
Suite 101
San Francisco, CA 94111
Contact: Ian Shannon,
General Counsel
Phone: 415-366-8393
Email: legal@8vc.com
14. 8VC Entrepreneurs Fund I, L.P. Note $245,477
907 South Congress Ave
Austin, TX 78704
Contact: Nathan Fotedar
Phone: 512-370-2276
Email: nathan@8vc.com
15. Truebridge Direct Fund L.P. Note $227,660
1011 South Hamilton Road
Suite 400
Chapel Hill, NC 27517
Contact: Mel Williams
Phone: 919-442-5201
Email: mwilliams@truebridgecapital.com
16. Excelsior Holdings C2 LLC Note $219,315
6600 France Ave. S.
Suite 550
Minneapolis, MN 55435
Contact: Todd Miranda, CEO
Phone: 952-324-8900
Email: performancereporting@olympusventures.com
17. Gigafund 1, LP Note $179,126
1200 Seaport Blvd
Redwood City, CA 94063
Contact: Stephen Oskoui,
Co-Founder & Managing Partner
Phone: 833.444.2386
Email: legal@gigafund.com
18. MMEF XI, L.P. Note $176,016
2884 Sand Hill Road
Suite 100
Menlo Park, CA 94025
Contact: Venky Ganesan, Managing Member
Phone: 650-854-8540
Email: finance@menlovc.com
19. Donnelley Financial Solutions Trade Debt $160,195
391 Steel Way
Lancaster, PA 17601
Contact: Jamie Toombs,
Manager-Accounts Receivable
Phone: 866-784-9840
Email: jamie.toombs@dfinsolutions.com
20. AAF - Synthego Growth, L.P. Note $138,823
10190 Akhtamar Drive
Great Falls, VA 22066
Contact: Kyle Hendrick
Phone: 703-303-6136
Email: kyle@aaf.vc
21. Weil, Gotshal & Manges LLP Trade Debt $111,033
767 Fifth Avenue
New York, NY 10153
Contact: Melissa Appenrodt
Phone: 212-310-8000
Email: melissa.appenrodt@weil.com
22. Deryck C. Maughan Revocable Trust Trade Debt $109,179
425 Park Avenue
2nd Floor
New York, NY 10043
Contact: Deryck C. Maughan
Phone: 212-810-5300
Email: dcmaughan@gmail.com
23. Ernst & Young US LLP Trade Debt $70,019
303 S Almaden Blvd
San Jose, CA 95110
Contact: Aamir Qureshi, CEO
Phone: 315 425 8011
Email: gss.accountsreceivable@xe02.ey.com
24. Propharma Group Holdings, LLC Trade Debt $59,379
107 West Hargett Street
Raleigh, NC 27601
Contact: Tom Hunter
Phone: 913-661-1662
Email: tom.hunter@propharmagroup.com
25. Arab Angel GP I, L.P. Trade Debt $58,346
2775 Sand Hill Rd
Menlo Park, CA 94025
Contact: Kyle Hendrick
Phone: 917 309 4867
Email: kyle@aaf.vc
26. RNA SPV LLC Note $53,737
3211 South Ocean Blvd.
Suite 701
Highland Beach, FL 33487
Contact: Sarah Boyce, CEO
Phone: 801-419-0677
Email: rajgarg10@aol.com
27. AAF II - Yasi Ventures, L.P. Note $36,720
27 Hospital Road
George Town Ky1-1001
Cayman Islands
Contact: Kyle Hendrick
Phone: 703-303-6136
Email: kyle@aaf.vc
28. Morrow-Meadows Trade Debt $36,685
Corporation
231 Benton CT
Walnut, CA 91789
Contact: Cathleen Vick, CEO
Phone: 909-598-7700
Email: info@morrow-meadows.com
29. Kay E. Merrick Trade Debt $33,151
[Address Redacted]
30. Grant Thornton LLP Trade Debt $32,100
101 California St.
Suite 2700
San Francisco, CA 94111
Contact: Chris
Stathopoulos, Deputy Counsel
Phone: 415-986-3900
Email: cash@us.gt.com;
chris.stathopoulos@us.gt.com
SYNTHEGO CORPORATION: Files for Chapter 11 With Deal With Lender
----------------------------------------------------------------
Synthego Corporation has sought Chapter 11 protection with a deal
to sell its assets via a credit bid to existing lender Perceptive
Credit Holdings III, LP, absent higher and better offers.
Synthego Corporation has proposed bid procedures that contemplate
an auction to be conducted by the end of June 2025.
Synthego is a provider of end-to-end CRISPR tools and solutions.
CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats)
is a revolutionary technology that allows scientists to edit genes
with precision, making it significant for advancements in medicine,
agriculture, and industrial applications.
Synthego has three leased manufacturing facilities across two
factories producing RUO 3 -grade RNA and large amounts of
clinical-grade RNA, in Redwood City, California.
Synthego was founded in 2012 by Paul and Michael Dabrowski, early
employees at SpaceX. CEO Craig Christianson said in court filings
that of the around 1,000 cell and gene therapy companies worldwide,
around 25 percent have engaged with Synthego.
$73-Mil. Owed to Bidder
The Company raised around $392 million in multiple rounds of equity
funding. In addition, the Company obtained additional funding
through debt issuances.
As of the Petition Date, the Debtor had secured debt of not less
than $73.4 million to lenders led by Perceptive Credit Holdings
III, LP, as administrative agent. The same lenders are providing
the Debtor $50 million of DIP financing to finance the Chapter 11
case. Perceptive is the lead bidder for the Debtor's assets.
In addition, the Debtor has a balance of $43 million under
unsecured convertible notes issued in August 2023 through January
of 2024, and $98 million under subordinated promissory notes from
March 2024 through February 2025.
Road to Chapter 11 Bankruptcy
Paladin Management Group partner Allen Soong, who has been
designated as chief restructuring officer of the Debtor, explains
that from 2020 through 2023, the Company enjoyed rapid revenue
growth from sales of its cutting-edge gene editing tools and
solutions to major research and biopharmaceutical companies around
the world. But, according to Mr. Soong, this growth was outpaced
by the cost and investment required to support continued
advancement of its technologies, however, leading to declining
margins and growing operating losses. In response, the Company
raised additional capital to continue its important work, but by
the end of 2023, the Company was still not generating positive cash
flow and the interest burden had expanded in excess of ten times
what it was in 2020-2021.
In March 2024, Synthego sold its Engineered Cells and Arrayed
Screening Library assets to Telegraph Hill Partners, forming a new
company called EditCo. Synthego retained its core gRNA
manufacturing capabilities and growing expertise in helping
customers navigate the regulatory landscape of therapeutic trials.
By Spring 2024, after the arrival of Mr. Christianson and the sale
of the Company's engineered cell business division (EditCo),
Synthego was able to reduce its operating losses by around a third,
but by February 2025 remained unable to generate sufficient cash
flow to service its debt. Accordingly, the Company, in
consultation with its legal and financial advisors, determined that
the commencement of a Chapter 11 case was necessary to preserve
enterprise value, protect business operations and effectuate a sale
of the Company.
About Synthego Corporation
Synthego Corporation is a biotechnology company that provides
end-to-end CRISPR genome editing solutions for research and
therapeutic applications. Based in Silicon Valley, it manufactures
guide RNAs and other gene-editing tools used by academic
institutions and biopharmaceutical companies worldwide. Founded in
2012, the Company also offers regulatory support and is expanding
into enzyme and nuclease development.
Synthego sought Chapter 11 protection (Bankr. D. Del. Case No.
25-10823) on May 5, 2025. The Hon. Mary F Walrath is the case
judge.
The Debtor listed $50 million to $100 million in assets against
$100 million to $500 million in liabilities as of the bankruptcy
filing.
The Debtor tapped PACHULSKI STANG ZIEL & JONES LLP as bankruptcy
counsel, and RAYMOND JAMES & ASSOCIATES, INC., as investment
banker. FENWICK & WEST LLP is the corporate counsel. EPIQ
CORPORATE RESTRUCTURING LLC is the claims agent.
TAYLOR MORRISON: S&P Alters Outlook to Positive, Affirms 'BB+' ICR
------------------------------------------------------------------
S&P Global Ratings revised its outlook on U.S. homebuilder Taylor
Morrison Home Corp. (TMHC) to positive from stable and affirmed all
its ratings, including the 'BB+' issuer credit rating.
The positive outlook reflects S&P's expectation that TMHC can
maintain debt to EBITDA of 1.5x or below, providing it with a
buffer against inherent cyclicality of the homebuilding industry,
over the next 12 to 24 months.
Taylor Morrison Home Corp.'s solid credit metrics provide cushion
against slower housing demand. Since 2020, the company has reduced
its S&P Global Ratings-adjusted net debt and increased its S&P
Global Ratings-adjusted EBITDA by $700 million and $683 million,
respectively, as of March 31, 2025. Currently, its S&P Global
Ratings-adjusted net debt and EBITDA are $1.78 billion and $1.46
billion, respectively. The company's debt to EBITDA has been at or
below 1.5x since year-end 2022 (RTM of March 31, 2025, at 1.2x),
which provides it with a 60% cushion on our 2026 forecasted EBITDA
relative to our 3x downside threshold at the current rating. S&P
said, "We assume our forecasted leverage will remain in the 1.5x
area through 2025 and into 2026. We also expect TMHC to maintain a
prudent financial policy with strong liquidity over the next 12-24
months." During the past 12 months, S&P Global Ratings-adjusted
leverage increased to 1.6x as of the second quarter of 2024
compared with 1.0x in the prior year, primarily due to increased
funded debt levels coupled with declining cash reserves. The
decline in cash reserves can be attributable to the company's
substantial working capital outflows stemming from its land
acquisitions and inventory buildup of speculative (spec) homes.
S&P said, "We anticipate leverage of approximately 1.5x or below
over the next two years, which provides a meaningful cushion at the
current rating level. However, we note leverage could increase if
the company decides to pursue a more aggressive land acquisition
strategy amid declining profitability margins, or more aggressive
shareholder repurchases. Under our base-case scenario, we
incorporate share repurchases of $350 million in 2025 and $400
million in 2026.
"We expect incentives and the offload of spec homes to pressure
TMHC's margins. We expect the company's S&P Global Ratings-adjusted
EBITDA margins to contract toward 15%-15.5% in 2025 (compared with
17.4% in 2024) on account of elevated incentives, dampened price
realizations, and the sale of less profitable spec homes in the
quarters to come. We believe the homebuilders continued use of
incentives remain vital to their ability to deliver homes, yet at
the cost of weaker profitability. For fiscal 2026, we expect TMHC's
margins to further moderate to 14.5%-15% as we expect input cost
inflation to continue amid elevated incentive levels." Weaker
household income growth, reduced positive impulses from the public
sector, rising tariffs, higher interest rates, and lingering policy
uncertainty are key factors decelerating economic growth this
year.
S&P Global forecasts the average 30-year fixed mortgage rate will
be 6.6% and 5.6% for 2025 and 2026, respectively. S&P said,
"Additionally, we forecast real GDP growth will cool to 1.5% in
2025 and grow by 1.7% in 2026, down from 2.9% in 2023 and 2.8% in
2024, and average roughly 2.0% per year thereafter. Our
unemployment rate will drift higher and peak at 4.7% by mid-year
2026, with the public sector likely limiting payroll expansion, in
contrast to significant contributions to job growth in the past two
years. As such, we note the company's leverage could deteriorate if
macroeconomic environment becomes more volatile than our forecasts.
Thus, the uncertainty around the duration of affordability concerns
could continue to pressure the homebuilding sector over that
time."
S&P said, "We believe we could upgrade TMHC to investment grade if
it maintains its debt-to-EBITDA ratio below 1.5x over the next
12-24 months through the current macroeconomic uncertainty. We
forecast 0% to 2% revenue growth in 2025 followed by
high-single-digit growth in 2026. We forecast the company will
generate EBITDA of roughly $1.2 billion-$1.3 billion in fiscal
years 2025 and 2026. We expect margins to decline due to softening
housing demand through 2025, compared with fiscal 2022. Still, we
believe TMHC can generate revenue and leverage commensurate with
its 'BBB-' rated peers.
"As macroeconomic uncertainty continues and demand for housing
wains, we expect the company to maintain strong liquidity and
prioritize its balance sheet strength by prudently managing
upcoming debt maturities and other liabilities, then efficiently
investing in organic growth across its platforms, and finally
returning capital to shareholders. This should keep its
adjusted-debt-to-EBITDA ratio at approximately 1.5x in fiscal 2025
absent any further unforeseen declines in the market or recession
risk.
"The positive outlook reflects our view that TMHC could generate
S&P Global Ratings-adjusted debt to EBITDA of less than 1.5x in
2025 and 2026. We believe the company's low leverage at this point
in the U.S. housing cycle provides it with a good buffer to
maintain debt to EBITDA of less than 2x even if market conditions
unexpectedly deteriorate further.
"We could revise our outlook on TMHC to stable over the next 12
months if the conditions in the housing market decline such that
its operating results are weaker than we expect, with debt to
EBITDA exceeding 1.5x."
Assuming TMHC's cash flow metrics and other credit measures remain
near current levels over the next 12 to 24 months, S&P would
consider raising its ratings if it improves its business risk or
materially reduces its cash flow volatility as demonstrated by:
-- Continues enhancing the scale of its homebuilding operations
while maintaining our expectations of margin improvement that
compares favorably to peers'; and
-- Maintaining S&P Global Ratings-adjusted EBITDA near their
current levels including debt to EBITDA of below 1.5x.
THINK SAFE: Hires Russo White & Keller as Bankruptcy Counsel
------------------------------------------------------------
Think Safe, Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Alabama to hire Russo White & Keller, P.C.
as counsel.
The firm will provide these services:
a. provide the Debtor legal advice with respect to its powers
and duties as Debtor-in-Possession in the continued management of
its financial affairs and property;
b. prepare on behalf of the Debtor necessary schedules, lists,
applications, motions, answers, orders, and reorganization
paperwork as is or may become necessary;
c. review all leases and other corporate papers and other
documents and prepare any necessary motions to assume unexpired
leases or executor contracts and assist in preparation of corporate
authorizations and resolutions regarding the Chapter 11 cases; and
d. perform any and all other legal services for the Debtor as
Debtor-in-Possession as may be necessary to achieve confirmation of
a Chapter 11 plan.
e. attend the intake conference, the meeting of creditors, and
hearings on behalf of the Debtor-in-Possession;
f. negotiate with the various classes of creditors with
respect to the plan of reorganization;
g. prepare, negotiate and advance a plan of reorganization or
liquidation as applicable;
h. prepare and file status reports, and operating reports, as
applicable; and
i. perform such other legal services, prepare and file such
other documents as may be necessary to carry out its duties and
functions in this case.
The firm will be paid at the rate of $350 per hour.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert C. Keller, Esq., a partner at Russo White & Keller, 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:
Robert C. Keller, Esq.
Russo White & Keller, P.C.
315 Gadsden Highway, Suite D
Birmingham, AL 35235
Tel: (205) 833-2589
Email: rjlawoff@bellsouth.net
About Think Safe, Inc.
Think Safe, Inc. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ala. Case No.
25-01203) on April 22, 2025, listing $100,001 to $500,000 in both
assets and liabilities.
Robert C Keller, Esq. at Russo, White & Keller represents the
Debtor as counsel.
TJC SPARTECH: S&P Withdraws 'CCC-' Long-Term Issuer Credit Rating
-----------------------------------------------------------------
S&P Global Ratings withdrew its 'CCC-' long-term issuer credit
rating on TJC Spartech Acquisition Corp. (Spartech) at the issuer's
request. S&P also withdrew its 'CCC-' issue rating on Spartech's
first-lien term loan. Ratings were withdrawn at the request of
Spartech.
TRINITY ENTERPRISES: Taps Gamberg & Abrams as Bankruptcy Counsel
----------------------------------------------------------------
Trinity Enterprises Corporation seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to hire
Gamberg & Abrams as general bankruptcy counsel.
The firm will render these services:
(a) advise the Debtor with respect to their powers and duties
as debtor and debtor-in-possession in the continued management and
operation of his business and properties;
(b) attend meetings and negotiate with representatives of
creditors and other parties-in-interest and advise and consult on
the conduct of the cases, including all of the legal and
administrative requirements of operating in Chapter 11;
(c) advise the Debtor on matters relating to the evaluation of
the assumption, rejection or assignment of unexpired leases and
executory contracts;
(d) provide advice to the Debtor with respect to legal issues
arising in or relating to the Debtor's ordinary course of
business;
(e) take all necessary action to protect and preserve the
Debtor's estates;
(f) prepare on behalf of the Debtor all motions, applications,
answers, orders, reports and papers necessary to the administration
of the estate;
(g) negotiate and prepare on the Debtor's behalf a plan of
reorganization, disclosure statement and all related agreements
and/or documents, and take any necessary action on behalf of the
Debtor to obtain confirmation of such plan;
(h) attend meetings with third parties and participate in
negotiations with respect to the above matters;
(i) appear before this Court, any appellate courts, and the
U.S. Trustee, and protect the interests of the Debtor estate before
such courts and the U.S. Trustee; and
(j) perform all other necessary legal services and provide all
other necessary legal advice to the Debtors in connection with
these Chapter 11 cases.
The firm will be paid at these rates:
Thomas L. Abrams $500 per hour
Jared L. Gamberg $450 per hour
The firm will be paid a retainer in the amount of $22,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Thomas L. Abrams, Esq., a partner at Law Firm of Gamberg & Abrams,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Thomas L. Abrams, Esq.
Law Firm of Gamberg & Abrams
1213 S.E. Third Avenue, Second Floor,
Fort Lauderdale, FL 33316
Tel: (954) 523-0900
Fax: (954) 915-9016
Email: tabrams@tabramslaw.com
About Trinity Enterprises Corporation
Trinity Enterprises Corporation is a family-owned painting and wall
covering company based in Davie, Florida. It offers interior and
exterior painting, wallpaper installation, and specialized metallic
painting services, primarily serving commercial clients in the
Miami area.
Trinity Enterprises Corporation sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-14339) on April 21, 2025. In its petition, the Debtor reports
total assets of $318,252 and total liabilities of $1,078,470.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
The Debtor is represented by Thomas L. Abrams, Esq. at THOMAS L
ABRAMS PA.
TZADIK SIOUX: Files Emergency Bid to Use Cash Collateral
--------------------------------------------------------
Tzadik Sioux Falls Portfolio I, LLC and affiliates asked the U.S.
Bankruptcy Court for the Southern District of Florida, Fort
Lauderdale Division, for authority to use cash collateral.
The Debtors, who own and operate residential rental properties in
South Dakota, argued that immediate access to cash is necessary to
pay for property management, insurance, utilities, and other
essential services.
The properties are managed by Tzadik Properties, LLC, an affiliated
company overseen by Adam Hendry, who is also the managing member of
the Debtors.
The Debtors sought permission to use rents and other income, which
are considered cash collateral during an interim five-week period
ending May 26. They proposed using this cash according to detailed
budgets and to provide adequate protection to secured lenders
Fannie Mae and Merchants Bank of Indiana by offering replacement
liens and scheduled cash payments during this period. These lenders
are owed tens of millions in mortgage loans secured by real estate
valued substantially higher than the debt.
About Tzadik Sioux Falls Portfolio I
Tzadik Sioux Falls Portfolio I, LLC possesses several multi-family
properties in Sioux Falls, SD.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13865) on April 9,
2025. In the petition signed by Adam Hendry, authorized
representative, the Debtor disclosed $65 million in assets and
$46.775 million in liabilities.
Judge Peter D. Russin oversees the case.
Morgan Edelboim, Esq., at Edelboim Lieberman, PLLC, represents the
Debtor as legal counsel.
TZADIK SIOUX: Hires Edelboim Lieberman as Bankruptcy Counsel
------------------------------------------------------------
Tzadik Sioux Falls Portfolio I, LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to hire
Edelboim Lieberman, PLLC as its general bankruptcy counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties in
the continued management and operation of its business and
properties;
(b) attend meetings and negotiate with representatives of
creditors and other parties-in-interest and advise and consult on
the conduct of the case;
(c) advise the Debtor in connection with post-petition
financing arrangements and draft documents relating thereto;
(d) take all necessary action to protect and preserve the
Debtor's estate;
(e) prepare on behalf of the Debtor all legal papers necessary
to the administration of the estate;
(f) negotiate and prepare on the Debtor's behalf a plan of
reorganization, disclosure statements and all related agreements
and/or documents, and take any necessary action on behalf of the
Debtor to obtain confirmation of such plan;
(g) attend meetings with third parties and participate in
negotiations with respect to the above matters;
(h) appear before this court, any appellate courts, and the
U.S. Trustee, and protect the interests of the Debtor's estate
before such courts and the U.S. Trustee; and
(i) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with this
Chapter 11 case.
The hourly rates of the firm's counsel and staff are as follows:
Brett Lieberman, Esq. $625
Mordan B. Edelboim, Esq. $625
Attorneys $300 - $625
Legal Assistants $260
Paralegals $260
In addition, the firm will seek reimbursement for expenses
incurred.
Prior to the petition date, the firm received a retainer in the
amount of $15,000 from the Debtor.
Morgan Edelboim, Esq., a partner at Edelboim, 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:
Morgan Edelboim, Esq.
Edelboim Lieberman Revah PLLC
20200 W. Dixie Highway, Suite 905
Aventura, FL 33180
Tel: (305) 768-9909
Fax: (305) 928-1114
Email: morgan@elrolaw.com
About Tzadik Sioux Falls
Tzadik Sioux Falls Portfolio I, LLC possesses several multi-family
properties in Sioux Falls, SD.
Tzadik Sioux Falls Portfolio I, LLC filed its voluntary petition
for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.
Fla. Case No. 25-13865) on April 9, 2025, listing $65,000,000 in
assets and $46,775,000 in liabilities. The petition was signed by
Adam Hendry as authorized
representative.
Judge Peter D Russin presides over the case.
Morgan Edelboim, Esq. at EDELBOIM LIEBERMAN PLLC represents the
Debtor as counsel.
UNITED HAULING: Gets OK to Hire Kahn & Ahart as Counsel
-------------------------------------------------------
United Hauling LLC seeks approval from the U.S. Bankruptcy Court
for the District of Arizona to hire Kahn & Ahart, PLLC as its
counsel.
Kahn & Ahart does not hold or represent any interest adverse to the
Debtor or its estate in the matters upon which it is to be engaged.
The firm can be reached through:
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
About United Hauling LLC
United Hauling LLC, based in Cave Creek, AZ, specializes in
providing horse transportation services.
United Hauling LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-03680) on April 25,
2025. In its petition, the Debtor reported estimated assets and
liabilities between $1 million and $10 million. The petition was
signed by Leah Delozier Smith as manager.
Judge Daniel P. Collins presides over the case.
Krystal M. Ahart, Esq. at KAHN & AHART, PLLC represents the Debtor
as counsel.
V850JACKSON LLC: Seeks Chapter 11 Bankruptcy in Illinois
--------------------------------------------------------
On May 5, 2025, V850Jackson LLC filed Chapter 11 protection in
the U.S. Bankruptcy Court for the Northern District of Illinois.
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 V850Jackson LLC
V850Jackson LLC is engaged in real estate investment and
development. The Company focuses on acquiring, managing, and
leasing commercial properties such as office buildings and retail
spaces.
V850Jackson LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-06934) on May 5,
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 Janet S. Baer handles the case.
The Debtor is represented by Ariel Weissberg, Esq. at WEISBERG AND
ASSOCIATES, LTD.
VISION CARE: Court Extends Cash Collateral Access to July 12
------------------------------------------------------------
Tanya Sambatakos, the Chapter 11 trustee for Vision Care of Maine,
LLC, received another extension from the U.S. Bankruptcy Court for
the District of Maine to use cash collateral.
The order authorized the trustee to use cash collateral until July
12 to pay the expenses set forth in its budget, with a 10% variance
allowed.
The 13-week budget shows total projected expenses of $3,828,610 for
the period from April 19 to July 12.
The use of cash collateral is necessary to fund the company's
ongoing operations and to meet the deadline for filing a
reorganization plan, according to the trustee.
The bankruptcy trustee must continue compliance with U.S. trustee
obligations, including reporting and fee payments.
The next hearing is scheduled for July 9. Objections are due by
July 7.
About Vision Care of Maine
Vision Care of Maine Limited Liability Company is a medical group
practice located in Bangor, ME that specializes in Ophthalmology
and Optometry offering vision care services including glasses,
contacts, surgeries for cataracts, retina disease and cornea
disease and glaucoma.
Vision Care of Maine sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Me. Case No. 24-10166) on August 5,
2024. In the petition signed by Curt Young, manager, the Debtor
disclosed up to $10 million in both assets and liabilities.
Judge Peter G. Cary oversees the case.
The Debtor tapped George J. Marcus, Esq., at Marcus, Clegg, Bals &
Rosenthal, PA as counsel and Opus Consulting Partners, LLC as
financial consultant.
VIVAKOR INC: Amends Cedarview Loan, Issues Over 2M Shares in April
------------------------------------------------------------------
Vivakor, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that a Side Letter with
Cedarview Capital Management LLC went effective, which amended the
terms of that certain Loan and Security Agreement the Company
issued to Cedarview dated October 31, 2024 that it previously
disclosed in its Current Report on Form 8-K filed with the
Commission on November 7, 2024.
Under the terms of the Side Letter, Vivakor agreed to pay the
remaining amounts it owes under the Cedarview Loan as follows:
(i) $589,890.37 on or before April 9, 2025,
(ii) payments of $150,000 on each of April 30, 2025 and May 31,
2025, and
(iii) four monthly payments of $645,684.69 until the Cedarivew
Loan has been paid in full.
In exchange for Cedarview agreeing to the extended repayment terms
under the Side Letter for the Cedarview Loan the Company also
agreed it would:
(a) pay Cedarview 30% of any net amounts it receives from
drawdowns from any equity lines of credit it does in the future as
payments on the Cedarview Loan,
(b) pay Cedarview 30% of any net proceeds received from the
sale of any assets in the future as payments on the Cedarview Loan,
and
(c) issue Cedarview, or its assignees, 300,000 shares of its
restricted common stock.
Vivakor made the $589,890.37 payment on April 9, 2025 and issued
Cedarivew, and its assignees, 300,000 shares of its restricted
common stock on April 11, 2025.
Accordingly, on April 11, 2025, the Company:
(a) issued 300,000 shares of restricted common stock to
Cedarview per the Side Letter, which securities contain a standard
Rule 144 restrictive legend. The issuance of the foregoing
securities was exempt from registration pursuant to Section 4(a)(2)
of the Securities Act promulgated thereunder as the holder is an
accredited officer and familiar with the Company's operations.
(b) issued 350,000 shares of restricted common stock to Justin
Ellis pursuant to a conversion notice it received from Mr. Ellis
notifying us of his desire to convert $350,000 owed to him under
that certain Convertible Promissory Note dated July 7, 2024. The
issuance of the foregoing securities was exempt from registration
pursuant to Section 4(a)(2) of the Securities Act promulgated
thereunder as the holder is an accredited officer and familiar with
our operations.
(c) issued 107,789 shares of our Series A Preferred Stock to
the sellers, or their assignees, in the Endeavor Entities
transaction. These shares represented the preferred stock portion
of the purchase price for the transaction, including any
post-closing adjustments. Of these shares, 84,931 shares went to
Jorgan Development, LLC and 858 shares went to JBAH Holdings, LLC,
both of which are controlled by James Ballengee, the Company's
Chief Executive Officer. The shares do have a 6% annual dividend,
based on the $1,000 stated per share value of the Series A
Preferred Stock, payable in shares of common stock. The issuance of
the foregoing securities was exempt from registration pursuant to
Section 4(a)(2) of the Securities Act promulgated thereunder as the
holders sophisticated investors and familiar with our operations.
(d) issued an aggregate of 1,298,453 shares of our restricted
common stock for four months of dividends to the holders of the
Company's Series A Preferred Stock. Of those shares, 884,037 were
issued to Jorgan Development, LLC and 8,933 were issued to JBAH
Holdings, LLC, both of which are controlled by James Ballengee,
Chief Executive Officer. The issuance of the foregoing securities
was exempt from registration pursuant to Section 4(a)(2) of the
Securities Act promulgated thereunder as the holders sophisticated
investors and familiar with our operations.
About Vivakor
Coralville, Iowa-based Vivakor, Inc. is a socially responsible
operator, acquirer, and developer of technologies and assets in the
oil and gas industry, as well as related environmental solutions.
Currently, the Company's efforts are primarily focused on operating
crude oil gathering, storage and transportation facilities, as well
as contaminated soil remediation services.
Pittsburgh, Penn.-based Urish Popeck & Co., LLC, the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has a significant working capital deficiency,
suffered significant recurring losses from operations, and needs to
raise additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
As of Dec. 31, 2024, the Company had $241 million in total assets,
$125.9 million in total liabilities, and a total stockholders'
equity of $115.1 million.
VIVAKOR INC: Net Loss Widens to $22.2 Million in 2024
-----------------------------------------------------
Vivakor, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K reporting net loss of
$22.2 million attributable to the Company on $89.8 million of total
revenue for the year ended December 31, 2024, compared to a net
loss of $10.7 million on $59.3 million of net sales for the year
ended December 31, 2023.
Vivakor said, "We have historically suffered net losses and
cumulative negative cash flows from operations, and as of December
31, 2024, we had an accumulated deficit of approximately $99
million. As of December 31, 2024 and 2023, we had a working capital
deficit of approximately $101.5 million and $34.9 million,
respectively. As of December 31, 2024, we had cash of approximately
$3.7 million, of which $3 million is restricted cash. In addition,
we have obligations to pay approximately $61 million of debt within
one year of the issuance of these financial statements. These
conditions raise substantial doubt about the Company's ability to
continue as a going concern."
Pittsburgh, Penn.-based Urish Popeck & Co., LLC, the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has a significant working capital deficiency,
suffered significant recurring losses from operations, and needs to
raise additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
During the year ended December 31, 2024, subject to available cash
flows, the Company continued its strategy to monetize its
intellectual properties and execute its business plan, including
the acquisition of the Endeavor Entities. To date, the Company
financed operations primarily through debt financing, and private
and public equity offerings.
If the Company encounters unforeseen circumstances that place
constraints on its capital resources, management will be required
to take various measures to conserve liquidity. Management cannot
provide any assurance that the Company will be able to execute its
plans to raise additional capital, close its merger and
acquisitions, or that its operations or business plan will be
profitable.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/bddw3z4n
About Vivakor
Coralville, Iowa-based Vivakor, Inc. is a socially responsible
operator, acquirer, and developer of technologies and assets in the
oil and gas industry, as well as related environmental solutions.
Currently, the Company's efforts are primarily focused on operating
crude oil gathering, storage and transportation facilities, as well
as contaminated soil remediation services.
As of Dec. 31, 2024, the Company had $241 million in total assets,
$125.9 million in total liabilities, and a total stockholders'
equity of $115.1 million.
WA3 PROPERTIES: Taps Blueprint Healthcare as Real Estate Broker
---------------------------------------------------------------
WA3 Properties Renton, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Blueprint
Healthcare Real Estate Advisors as real estate advisor and broker.
Blueprint will market and sell Renton's Property commonly known as
and located at 80 SW 2nd Street, Renton, Washington 98057.
Blueprint seeks a broker commission in the amount of 1.5 percent of
the gross selling price of the property.
If the property is sold to the secured lender on account of a
credit bid, then Blueprint seeks a flat fee of $110,000. The
commission and the flat fee are inclusive of expenses.
Amy Sitzman, managing director and head of business development of
Blueprint, disclosed in a court filing that he is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Amy Sitzman
Blueprint Healthcare Real Estate Advisors
191 N Wacker Dr, Ste 1680
Chicago, IL, 60606
Tel: (312) 300-4000
About WA3 Properties Renton LLC
WA3 Properties Renton, LLC owns a 99-bed skilled nursing facility
at 80 SW 2nd Street, Renton, Wash., in fee simple title, with a
valuation of $10 million.
WA3 filed Chapter 11 petition (Bankr. E.D. N.Y. Case No. 25-71121)
on March 24, 2025, listing $11,887,584 in assets and $8,129,000 in
liabilities. Samuel Goldner, manager of WA3, signed the petition.
Judge Louis A. Scarcella oversees the case.
Avrum J. Rosen, Esq., at Law Offices of Avrum J. Rosen, PLLC
represents the Debtor as bankruptcy counsel.
Merchants Bank of Indiana, as lender, is represented by:
Owen R. Wolfe, Esq.
Seyfarth Shaw LLP
620 Eighth Avenue
New York, NY 10018
Direct Dial: (212) 218-3389
Direct Fax: (917) 344-1394
Email: owolfe@seyfarth.com
WA3 PROPERTIES: Taps Rosen Tsionis & Pizzo as Bankruptcy Counsel
----------------------------------------------------------------
WA3 Properties Renton, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Rosen, Tsionis &
Pizzo, PLLC as counsel.
The firm's services include:
(a) analysis of the financial situation, and rendering advice
and assistance to the Debtor in determining whether to file a
petition under the Bankruptcy Code;
(b) preparation and filing of the petition, schedules,
statement of financial affairs, and other documents required by the
Court;
(c) representation of the Debtor at the Section 341(a) meeting
of creditors;
(d) preparation of motions, documents, and applications in
connection with the case; and
(e) provision of legal advice to the Debtor in connection with
all matters pending before the Court.
The firm received an initial retainer in the amount of $20,488.
Rosen, Tsionis & Pizzo does not hold or represent an interest
adverse to the Debtor or to the estate and is disinterested as that
term is defined in Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached through:
Alex E. Tsionis, Esq.
Rosen, Tsionis & Pizzo, PLLC
38 New Street
Huntington, NY 11743
Phone: (631) 423-8527
About WA3 Properties Renton LLC
WA3 Properties Renton, LLC owns a 99-bed skilled nursing facility
at 80 SW 2nd Street, Renton, Wash., in fee simple title, with a
valuation of $10 million.
WA3 filed Chapter 11 petition (Bankr. E.D. N.Y. Case No. 25-71121)
on March 24, 2025, listing $11,887,584 in assets and $8,129,000 in
liabilities. Samuel Goldner, manager of WA3, signed the petition.
Judge Louis A. Scarcella oversees the case.
Avrum J. Rosen, Esq., at Law Offices of Avrum J. Rosen, PLLC
represents the Debtor as bankruptcy counsel.
Merchants Bank of Indiana, as lender, is represented by:
Owen R. Wolfe, Esq.
Seyfarth Shaw LLP
620 Eighth Avenue
New York, NY 10018
Direct Dial: (212) 218-3389
Direct Fax: (917) 344-1394
Email: owolfe@seyfarth.com
WATCHTOWER FIREARMS: Taps Pierson Ferdinand as Litigation Counsel
-----------------------------------------------------------------
Watchtower Firearms LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to hire Pierson Ferdinand
LLP as special litigation counsel.
The firm's services include:
a. assisting the Debtor in analyzing and prosecuting claims
owned by the estate against the third parties involved in the
adversary proceeding;
b. preparing and filing pleadings as are necessary to pursue
the estate's claims against third parties;
c. conducting appropriate examinations of witnesses, claimants
and other parties in interest in connection with such adversary
proceeding;
d. collecting any judgement that may be entered in the
contemplated litigation;
e. handling any appeals that may result from the contemplated
litigation; and
f. performing any other legal services that may be appropriate
in connection with the prosecution of the litigation.
The firm will be paid at these rates:
William J. Akins, Partner $850 per hour
Eric Meyer, Partner $850 per hour
Mette Kurth, Partner $975 per hour
Leanne Pendergast, Partner $975 per hour
Lynnette Warman, Partner $695 per hour
Deidra Cobb, Paralegal $175 per hour
The firm holds a retainer in the amount of $41,466.65.
William J. Akins, Esq., a partner a Pierson Ferdinand, assured the
court that his firm is a "disinterested person" within the meaning
of 11 U.S.C. 101(14).
The firm can be reached through:
William J. Akins, Esq.
PIERSON FERDINAND, LLP
10501 Crow Wing Cove
Austin, TX 78730
2021 Guadalupe Street, Suite 260
Austin, TX 78705
Tel: (214) 924-9504
Fax: (214) 481-3768
Email: william. akins@pierferd.com
About Watchtower Firearms LLC
Watchtower Firearms LLC is a veteran-owned company offering a
diverse range of firearms, including custom rifles, special edition
rifles, and handguns. The Company serves military, law enforcement,
hunting, and personal use markets. In addition to firearms, it
provides suppressors, components, and specialized gear tailored to
meet the needs of its customers.
Watchtower Firearms LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-40684) on February
27, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Joseph Acosta, Esq. at CONDON TOBIN represents the Debtor as
counsel.
WATERIQ TECHNOLOGIES: Hires Ampleo Turnaround as Accountant
-----------------------------------------------------------
WaterIQ Technologies LLC seeks approval from the U.S. Bankruptcy
Court for the District of Wyoming to hire Ampleo Turnaround and
Restructuring LLC, a Utah limited liability company d/b/a Ampleo as
accountant and financial advisor.
The firm will render these services:
(a) prepare financial disclosures, provide assistance to the
Debtor on its cash flow analysis, operating budget (including any
debtor-in-possession budget) and other financial analysis related
thereto;
(b) assist the Debtor in defining strategic and financial
objectives;
(c) provide assistance and support to the Debtor's other
financial and legal professionals and advisors in connection with
any sale transaction for some or all of the Debtor's assets,
restructuring under the Bankruptcy Code or otherwise, or other
transaction(s);
(d) assist the Debtor in the preparation of analysis and
reporting packages that may be required for the Debtor's
creditors;
(e) render financial advice to the Debtor and participating in
meeting or negotiations with stakeholders or other appropriate
parties in connection with the Debtor's restructuring; and
(f) provide the Debtor with other financial restructuring
advice.
(g) review of monthly operating reports;
(h) assist the Debtor with the preparations of a Liquidation
Analysis;
(i) assist the Debtor in administration of the bankruptcy
filings;
(j) prepare and file federal, state, and local taxes; and
(k) perform any other ancillary financial advisory tasks
necessary to the Debtor's operations.
The firm will be paid at these rates:
Matthew R. McKinlay $335 per hour
Douglas Charboneau $300 per hour
Dane Clark $275 per hour
Other professionals as needed at their prevailing rates.
The firm will be paid a retainer in the amount of $10,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Matthew McKinlay, managing partner at Ampleo, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Matthew McKinlay
Ampleo Turnaround and Restructuring LLC
13601 W. McMillan Rd. #102 PMB 320
Boise, ID 83713
Tel: (208) 761-5222
About WaterIQ Technologies LLC
WaterIQ Technologies LLC 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.
WaterIQ Technologies LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Wyo. Case No. 25-20159) on April 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Cathleen D. Parker handles the case.
The Debtor is represented by Brian M. Rothschild, Esq. at PARSONS
BEHLE & LATIMER.
WATERIQ TECHNOLOGIES: Taps Parsons Behle & Latimer as Attorney
--------------------------------------------------------------
WaterIQ Technologies LLC seeks approval from the U.S. Bankruptcy
Court for the District of Wyoming to hire Parsons Behle & Latimer
as attorneys.
The firm's services include:
(a) providing legal advice with respect to the Debtor's
rights, powers, and duties in this
case;
(b) preparing necessary applications, motions, objections,
memoranda, orders, reports, and other legal papers;
(c) appearing in Court, in litigation as a party in interest,
and at statutory meetings of creditors to represent the interests
of the Debtor;
(d) negotiating and evaluating the Debtor's financing, and any
other potential financing alternatives;
(e) negotiating a potential plan or plans of reorganization or
liquidation and matters related thereto;
(f) assisting the Debtor in analyzing the claims of the
Debtor's creditors and the Debtor's capital structure and in
negotiating with holders of claims and equity interests;
(g) assisting the Debtor with its investigation of the acts,
conduct, assets, liabilities and financial condition of the Debtor
(and, to the extent applicable, the Debtor's officers, directors
and shareholders) and of the operation of the Debtor's business;
(h) negotiating and formulating the proposed sale of the
Debtor's assets, including pursuant to section 363 of the
Bankruptcy Code;
(i) communicating with the Debtor's constituents in
furtherance of its responsibilities; and
(j) assisting with the Debtor's performance of its duties and
powers under the Bankruptcy Code and the Bankruptcy Rules and such
other services as are in the interests of those represented by the
Debtor.
The firm's professionals will be paid at these hourly rates of:
Brian M. Rothschild, Shareholder $500/hour
Leah Schwartz, Shareholder $490/hour
Darren Neilson, Shareholder $450/hour
Elliott McGill, Associate $405/hour
Alexander S. Chang, Associate $360/hour
Marlana Reichert, Paralegal $215/hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $40,000 from the Debtor.
Mr. Rothschild 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:
Brian Rothschild, Esq.
Parsons Behle & Latimer
20 E. Simpson Ave
Jackson, WY 83001.
Telephone: (307) 733-5130
Facsimile: (801) 536-6111
Email: BRothschild@parsonsbehle.com
About WaterIQ Technologies LLC
WaterIQ Technologies LLC 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.
WaterIQ Technologies LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Wyo. Case No. 25-20159) on April 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Cathleen D. Parker handles the case.
The Debtor is represented by Brian M. Rothschild, Esq. at PARSONS
BEHLE & LATIMER.
WATERIQ TECHNOLOGIES: Taps Stellar Bookkeeping as Controller
------------------------------------------------------------
WaterIQ Technologies LLC seeks approval from the U.S. Bankruptcy
Court for the District of Wyoming to hire Stellar Bookkeeping &
Consulting, LLC as controller and operations consultant.
Stellar Bookkeeping will perform bookkeeping and consulting
services to the Debtor, including:
a. monthly, quarterly and annual bookkeeping;
b. accounts payable;
c. accounts receivable;
d. sales tax filing;
e. payroll processing;
f. cash flow reporting;
g. month end financial reporting package preparation;
h. year end coordination with accountants for audit/tax
preparation;
i. clean-up/catch-up services; and
j. budgeting and forecasting.
k. assisting in production planning and inventory management;
and
l. providing HR support.
Stellar will receive a flat rate of $7,500 per month for up to 100
hours of work and a fee of $100/hour for all work performed in
excess of 100 hours.
Stellar is a "disinterested person," as such term is defined in
Bankruptcy Code section 101(14), as modified by section 1107(b) of
the Bankruptcy Code, according to court filings.
The firm can be reached through:
Marielle Klapp
Stellar Bookkeeping & Consulting
3101 W Market St Ste 109 - 673
Johnson City, TN 37604
Phone: (423) 788-4195
About WaterIQ Technologies LLC
WaterIQ Technologies LLC 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.
WaterIQ Technologies LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Wyo. Case No. 25-20159) on April 24,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Cathleen D. Parker handles the case.
The Debtor is represented by Brian M. Rothschild, Esq. at PARSONS
BEHLE & LATIMER.
WESTERN URANIUM: Net Loss Widens to $10.1M in FY 2024
-----------------------------------------------------
Western Uranium & Vanadium Corp filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting for
the year ended December 31, 2024.
With the exception of the quarter ended June 30, 2022, Western
Uranium had incurred losses from its operations. During the years
ended December 31, 2024 and 2023, the Company generated net losses
of $10,112,037 and $4,942,594, respectively. The Company expects to
generate operating losses for the foreseeable future as it incurs
expenses to bring its mineral processing facilities online and
further expand its mining operations. As of December 31, 2024 and
2023, the Company had an accumulated deficit of $28,929,894 and
$18,817,857, respectively, and working capital of $5,240,584 and
$8,970,434, respectively.
Mississauga, Canada-based MNP LLP, the Company's auditor since
2015, issued a "going concern" qualification in its report dated
April 15, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has incurred continuing losses and negative cash flows from
operations and is dependent upon future sources of equity or debt
financing in order to fund its operations. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
"Since inception, we have met our liquidity requirements
principally through the issuance of notes, the sale of our common
shares and from limited revenue sources. During the year ended
December 31, 2024, we received $4,605,458 in proceeds from the
exercise of our common share warrants. During November 2024, we
closed a brokered private placement of 4,142,906 units at a price
of $0.94 (CAD $1.32) per unit. The aggregate net proceeds raised in
the private placement amounted to $3,546,870 (CAD $4,975,966)."
"Our ability to continue our operations and to pay our obligations
when they become due is contingent upon us obtaining additional
financing. Management's plans include seeking to procure additional
funds through debt and equity financings, to secure regulatory
approval licenses to fully utilize our Kinetic Separation, to
permit and construct the Mustang Minerals Processing Plant for the
processing of uranium and vanadium to generate operating cash
flows. We will also require capital to fund the ongoing in-house
mining operations at the Sunday Mine Complex."
"There are no assurances that we will be able to raise capital on
terms acceptable to us or at all, or that cash flows generated from
our operations will be sufficient to meet our current operating
costs and required debt service. If we are unable to obtain
sufficient amounts of additional capital, we may be required to
reduce the scope of our planned product development, which could
harm our financial condition and operating results, or we may not
be able to continue to fund our ongoing operations. These
conditions raise substantial doubt about our ability to continue as
a going concern to sustain operations for at least one year from
the issuance of the accompanying financial statements," the Company
concluded.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/ys4k3bns
About Western Uranium
Western Uranium & Vanadium Corp is engaged in the business of
exploring, developing, mining and producing uranium and vanadium
resources. In addition to the flagship property located in the
prolific Uravan Mineral Belt, the production pipeline also includes
conventional projects in Colorado and Utah. The Maverick Minerals
Processing Plant and Pinon Ridge Corporation processing plants will
be licensed to include the kinetic separation process.
As of Dec. 31, 2024, the Company had $33,916,238 in total assets,
$4,100,164 in total liabilities, and a total shareholders' equity
of $29,816,074.
WHITEWATER MATTERHORN: S&P Assigns 'BB' ICR, Outlook Stable
-----------------------------------------------------------
S&P Global Ratings assigned its 'BB' issuer credit rating to
WhiteWater Matterhorn Holdings LLC (WWMH).
At the same time, S&P assigned its 'BB' issue-level rating and '3'
recovery rating to the company's senior secured term loan. The '3'
recovery rating indicates its expectation for average (50%-70%;
rounded estimate: 65%) recovery in a payment default scenario.
The stable outlook reflects the predictability and stability of
MXP's cash flows, which have support from long-term minimum volume
commitments (MVCs). S&P expects WWMH will maintain S&P Global
Ratings-adjusted debt to EBITDA between 5x and 6x by 2026.
I Squared Capital Advisors LLC (ISQ), First Infrastructure Capital
(FIC) and WhiteWater Midstream Management, via WhiteWater
Matterhorn Holdings LLC (WWMH), announced that WWMH intends to
recapitalize its 65% equity interest in Matterhorn Express Pipeline
LLC (MXP) at an enterprise value of approximately $5.3 billion.
WWMH will partially fund the transaction with net proceeds from the
issuance of a $675 million senior secured term loan B, as well as
new equity and rolled equity of approximately $1.3 billion from its
sponsors and management.
MXP benefits from a robust contract profile that is firm and
fee-based in nature; 100% of MXP's mainline capacity is currently
contracted by minimum volume commitments (MVCs), reflecting surety
of forecasted cash flows. These contracts, on average, have an
11-year weighted-average remaining contract life. The favorable
contract structure at MXP mitigates the company's indirect
commodity exposure to cyclical commodity markets. The high credit
quality shippers are a credit strength due to the 'A-'
weighted-average customer credit rating at MXP. MXP's strong
contract profile is somewhat offset by its limited scale as a
single-asset intrastate pipeline.
The company's assets are strategically located to capitalize on
supply-push markets. All of MXP's assets are located in Texas,
where it capitalizes on growth in the Permian along with increasing
demand from LNG export terminals, datacenters, and the
Austin/Houston metropolitan areas. In addition, MXP helps connect
nearly 50% of Permian processing capacity, serves markets that
supply nearly 75% of LNG export facilities in the Gulf Coast, and
directly connects to WhiteWater's existing Agua Blanca system. S&P
said, "Over 80% of its MVCs are with upstream companies that we
consider to be supply-push in nature, and we tend to view demand
pull cash flows more favorably whose volumes are often unchanged
during prolonged periods of weak commodity prices. That said, S&P
Global Ratings continues to recognize the limited available
capacity of gas pipelines in the Permian basin, whose break-even
drilling costs are the lowest in the U.S., giving us a favorable
view of drilling economics compared with other basins. We believe
MXP's completion of its current expansion project will provide
additional capacity and help drive cash flow growth." The expansion
consists of an addition of approximately 0.5 billion cubic feet per
day (Bcf/d) to MXP's mainline capacity. The remaining expansion
capital consists of less than $200 million that will be spent
through 2026.
S&P Said, "We proportionately consolidate MXP's financial measures
to reflect the 65% ownership interest from WWMH. As a result of
this consolidation, we forecast WWMH will generate S&P Global
Ratings-adjusted EBITDA of approximately $260 million in 2025 and
$330 million in 2026. The remaining 35% of ownership interest in
MXP is maintained by investment-grade counterparties, each
maintaining various percentages. These joint venture (JV) partners
maintain certain voting rights that limit WWMHs ability to fully
dictate the financial policy of the asset base. For example, the
WWMHs can't issue debt at MXP that would cause its debt to EBITDA
to exceed 6x or approve a bankruptcy or certain other items without
its partners' approvals. That said, due to its majority interest,
WWMH has the ability to dictate some other cash and business uses
without other JV partners' approval. Due to this level of control,
we proportionally consolidate the debt and EBITDA at MXP to reflect
the company's relative control over MXP and our view that they are
strategic to WWMH's business despite the fact that MXP's debt is
non-recourse to WWMH.
"We see a viable path for WWMH to improve its financial measures as
MXP comes fully online in 2026. The company is completely dependent
on the cash flow from MXP to service its financial obligations. We
forecast WWMH's S&P Global Ratings-adjusted leverage will improve
to about 5x given the benefits from the excess cash flow (ECF)
sweep, the mandatory amortization payments at its subsidiary, and
the increased cash flow as contracts continue to come online. Over
the next two years, we forecast its S&P Global Ratings-adjusted
debt to EBITDA will improve to below 6x in 2026 from 7.5x-8x in
2025 based on the remaining capital spending to support the
completion of the expansion project at MXP. When MXP's expansion
becomes fully operational, which we expect to occur in the second
half of 2025, we expect significant free cash flow generation at
the MXP level.
"Our stable outlook reflects the predictability and stability of
WhiteWater Matterhorn Holdings LLC's cash flows due to its
significant percentage of contracted volumes stemming from MXP. We
expect S&P Global Ratings-adjusted debt to EBITDA will improve to
under 6x by the end of 2026 from the 7.5-8x area in 2025 following
the ramp up of MVCs and the completion of the expansion project.
"We could consider a negative rating action if the company pursues
a more aggressive financial policy such that leverage is expected
to be greater than 6x on a consistent basis.
"We could consider a positive rating action if WWMH's adjusted
debt‐to‐EBITDA ratio approaches 5x and is expected to be
maintained below this level on a consistent basis. This could occur
as the excess cash flow sweep reduces outstanding debt and the
company adopts a more conservative financial policy."
WINDTREE THERAPEUTICS: Net Loss Narrows to $1.8 Million in FY 2024
------------------------------------------------------------------
Windtree Therapeutics, Inc. filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K reporting net
losses of $1.8 million and $20.3 million, respectively, for the
years ended December 31, 2024, and 2023.
Windtree said, "Included in our net loss for the year ended
December 31, 2024 is a $14.4 million non-cash gain on debt
extinguishment, $10.5 million related to the change in fair value
of our common stock warrant liability, $7.5 million of R&D expense
related to the Varian asset acquisition, and a loss on impairment
of intangible assets of $1.1 million. Included in our net loss for
the year ended December 31, 2023 is a loss on impairment of
goodwill of $3.1 million. We expect to continue to incur operating
losses for at least the next several years. As of December 31,
2024, we had an accumulated deficit of $846.6 million. Our future
success is dependent on our ability to fund and develop our product
candidates, and ultimately upon our ability to attain profitable
operations. We have devoted substantially all of our financial
resources and efforts to research and development expense and
general and administrative expense to support such research and
development. Net losses and negative cash flows have had, and will
continue to have, an adverse effect on our stockholders' equity and
working capital, and accordingly, our ability to execute our future
operating plans.
"In June 2024, we entered into a Common Stock Purchase Agreement,
or the ELOC Purchase Agreement, establishing an equity line of
credit with the purchaser, or the Purchaser, whereby we have the
right, but not the obligation, to sell to the Purchaser, and the
Purchaser is obligated to purchase, up to $35 million of newly
issued shares of our common stock. For the year ended December 31,
2024, we sold 0.2 million shares of Common Stock under the ELOC
Purchase Agreement for net proceeds of $6.5 million following
mandatory redemption payments, including dividends, on our Series C
Preferred Stock.
"As of December 31, 2024, we had cash and cash equivalents of $1.8
million and current liabilities of $5.7 million. Subsequent to
December 31, 2024 and through April 15, 2025;
(i) we sold an additional 0.2 million shares of common stock
under the ELOC Purchase Agreement for net proceeds of $1.5 million
following mandatory redemption payments on our Series C Preferred
Stock;
(ii) 47,799 July 2024 Warrants were converted into 47,799
shares of common stock for gross and net proceeds of $0.3 million;
(iii) on March 18, 2025, we agreed to issue and sell to two
institutional investors an aggregate principal amount of $312,500,
at an original issue discount of 20%, in senior secured notes due
in 2026 for net proceeds of $250,000; and
(iv) on April 4, 2025, we agreed to issue and sell to two
institutional investors senior secured promissory notes in an
aggregate principal amount of $312,500, at an original issue
discount of 20%, for net proceeds of $250,000.
"As a result, we believe that we have sufficient resources
available to fund our business operations through April 2025. We do
not have sufficient cash and cash equivalents as of the date of
this Annual Report on Form 10-K to support our operations for at
least the 12 months following the date that the financial
statements are issued."
Philadelphia, Pennsylvania-based EisnerAmper LLP, the company's
auditor since 2022, issued a "going concern" qualification in its
report dated April 15, 2025, attached to the Company's Annual
Report on Form 10-K for the year ended December 31, 2024, citing
that the Company has suffered recurring losses from operations and
expects to incur losses for the foreseeable future, that raise
substantial doubt about its ability to continue as a going
concern.
"To alleviate the conditions that raise substantial doubt about our
ability to continue as a going concern, management plans to secure
additional capital, potentially through a combination of public or
private securities offerings, convertible debt financings, and/or
strategic transactions, including potential licensing arrangements,
alliances, and drug product collaborations focused on specified
geographic markets; however, none of these alternatives are
committed at this time. There can be no assurance that we will be
successful in obtaining sufficient funding on terms acceptable to
us to fund continuing operations, if at all, or identify and enter
into any strategic transactions that will provide the capital that
we will require. If we fail to raise sufficient capital, we
potentially could be forced to limit or cease our development
activities, as well as modify or cease our operations, either of
which would have a material adverse effect on our business,
financial condition, and results of operations. Accordingly,
management has concluded that substantial doubt exists with respect
to our ability to continue as a going concern for at least 12
months after the issuance of the accompanying financial
statements," the Company concluded.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/ycye697k
About Windtree Therapeutics
Headquartered in Warrington, Pennsylvania, Windtree Therapeutics,
Inc. -- windtreetx.com -- is a biotechnology company focused on
advancing early and late-stage innovative therapies for critical
conditions and diseases. The Company's portfolio of product
candidates includes: (a) istaroxime, a Phase 2 candidate that
inhibits the sodium-potassium ATPase and also activates sarco
endoplasmic reticulum Ca2+ -ATPase 2a, or SERCA2a, for acute heart
failure and associated cardiogenic shock; preclinical SERCA2a
activators for heart failure; rostafuroxin for the treatment of
hypertension in patients with a specific genetic profile; and a
preclinical atypical protein kinase C iota, or aPKCi, inhibitor
(topical and oral formulations), being developed for potential
application in rare and broad oncology indications. The Company
also has a licensing business model with partnership out-licenses
currently in place.
As of Dec. 31, 2024, the Company had $27.9 million in total assets,
$14.7 million in total liabilities, $3.2 million in total mezzanine
equity, and a total shareholders' equity of $10 million.
WORLD OF MISTRY: Seeks to Hire Levene Neale as Legal Counsel
------------------------------------------------------------
World of Mistry LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of California to hire Levene, Neale,
Bender, Yoo & Golubchik L.L.P. as general bankruptcy counsel.
The firm's services include:
a. advising the Debtor with regard to 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 with regard to 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.
The firm received the sum of $5,000 which constituted a
pre-bankruptcy retainer.
Ron Bender, Esq., an attorney at Levene, Neale, Bender, Yoo &
Golubchik, 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:
Ron Bender, Esq.
Levene, Neale, Bender, Yoo & Golubchik LLP
2818 La Cienega Avenue
Los Angeles, California 90034
Telephone: (310) 229-1234
Facsimile: (310) 229-1244
Email: rb@lnbyg.com
About World of Mistry LLC
World of Mistry LLC is a single-asset real estate debtor, as
defined in 11 U.S.C. Section 101(51B).
World of Mistry LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10602) on
April 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Victoria S. Kaufman handles the case.
The Debtor is represented by Ron Bender, Esq. at LEVENE, NEALE,
BENDER, YOO & GOLUBCHIK L.L.P.
WYNN TEC: Gets Final OK to Use Cash Collateral
----------------------------------------------
Wynn Tec, Inc. received final approval from the U.S. Bankruptcy
Court for the Middle District of Pennsylvania to use cash
collateral.
The final order authorized the company to pay its post-petition
expenses from the cash collateral, including fees owed to the
Office of the U.S. Trustee and to its bankruptcy professionals.
Jersey Shore State Bank, County of Clinton, Leaf Capital Funding,
and Bayfirst National Bank assert interest in the cash collateral,
which consists of receivables, cash and the proceeds thereof.
As protection, these lenders were granted replacement liens on the
company's post-petition cash collateral and all assets on which
they had pre-bankruptcy liens. In the event that the replacement
liens are insufficient, the secured creditors will be granted
superpriority administrative claims.
About Wynn Tec Inc.
Wynn Tec Inc. is a small business corporation based in Loganton,
Pa.
Wynn Tec Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Pa. Case No. 25-00751) on March 21, 2025. In
its petition, the Debtor reported between $1 million and $10
million in both assets and liabilities.
Judge Mark J. Conway handles the case.
The Debtor is represented by Robert E Chernicoff, Esq., at
Cunningham and Chernicoff, PC.
Bayfirst National Bank, as lender, is represented by:
Keri P. Ebeck, Esq.
Bernstein-Burkley, P.C.
601 Grant Street, 9th Floor
Pittsburgh, PA 15219
412-456-8112
kebeck@bernsteinlaw.com
Clinton County, as lender, is represented by:
Justin K. Houser, Esq.
Coploff, Ryan & Houser
136 E. Water Street
Lock Haven, PA 17745
Telephone: 570-748-7771
jkh@crwlaw.net
YELLOW CORP: Opposes MFN's Bid to Convert Chapter 11 to Chapter 7
-----------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that Senators
Elizabeth Warren and Ed Markey of Massachusetts have urged the
Justice Department and the SEC to investigate former Steward Health
Care CEO Ralph de la Torre, accusing him and other executives of
profiting personally while the hospital system collapsed into
bankruptcy.
Their call for a criminal probe comes nearly a year after
Steward’s bankruptcy filing and follows the Senate's unanimous
vote to hold de la Torre in contempt for defying a subpoena from
the Senate Committee on Health, Education, Labor, and Pensions, the
report states.
About Yellow Corporation
Yellow Corporation -- http://www.myyellow.com/-- operates
logistics and less-than-truckload (LTL) networks in North America,
providing customers with regional, national, and international
shipping services throughout. Yellow's principal office is in
Nashville, Tenn., and is the holding company for a portfolio of LTL
brands including Holland, New Penn, Reddaway, and YRC Freight, as
well as the logistics company Yellow Logistics.
Yellow Corporation and 23 affiliates concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 23-11069) on August 6, 2023, before
the Hon. Craig T. Goldblatt. As of March 31, 2023, Yellow
Corporation had $2,152,200,000 in total assets against
$2,588,800,000 in total liabilities. The petitions were signed by
Matthew A. Doheny as chief restructuring officer.
The Debtors tapped Kirkland & Ellis, LLP as restructuring counsel;
Pachulski Stang Ziehl & Jones, LLP as Delaware local counsel;
Kasowitz, Benson and Torres, LLP as special litigation counsel;
Goodmans, LLP as special Canadian counsel; Ducera Partners, LLC, as
investment banker; and Alvarez and Marsal as financial advisor.
Epiq Bankruptcy Solutions is the claims and noticing agent.
Milbank LLP serves as counsel to certain investment funds and
accounts managed by affiliates of Apollo Capital Management, L.P.
while White & Case, LLP and Arnold & Porter Kaye Scholer, LLP serve
as counsels to Beal Bank USA and the U.S. Department of the
Treasury, respectively.
On Aug. 16, 2023, the U.S. Trustee for Region 3 appointed an
official committee of unsecured creditors in the Chapter 11 cases.
The committee tapped Akin Gump Strauss Hauer & Feld, LLP and
Benesch, Friedlander, Coplan & Aronoff, LLP as counsels; Miller
Buckfire as investment banker; and Huron Consulting Services, LLC,
as financial advisor.
[] Moody's Upgrades Ratings on 8 Bonds from 8 US RMBS Deals
-----------------------------------------------------------
Moody's Ratings has upgraded the ratings of eight bonds from eight
US residential mortgage-backed transactions (RMBS), backed by
manufactured housing mortgages issued by multiple issuers.
A comprehensive review of all credit ratings for the respective
transactions has been conducted during a rating committee.
The complete rating actions are as follows:
Issuer: Green Tree Financial Corporation MH 1996-04
M-1, Upgraded to B1 (sf); previously on Aug 21, 2024 Upgraded to B3
(sf)
Issuer: Green Tree Financial Corporation MH 1996-07
B-1, Upgraded to Ca (sf); previously on Dec 13, 2004 Downgraded to
C (sf)
Issuer: Green Tree Financial Corporation MH 1997-02
M-1, Upgraded to Caa3 (sf); previously on Mar 30, 2009 Downgraded
to Ca (sf)
Issuer: Green Tree Financial Corporation MH 1997-03
M-1, Upgraded to Caa3 (sf); previously on Mar 30, 2009 Downgraded
to Ca (sf)
Issuer: Green Tree Financial Corporation MH 1997-04
M-1, Upgraded to B2 (sf); previously on Mar 30, 2009 Downgraded to
Ca (sf)
Issuer: Green Tree Financial Corporation MH 1997-07
M-1, Upgraded to Caa2 (sf); previously on Mar 30, 2009 Downgraded
to Caa3 (sf)
Issuer: Green Tree Financial Corporation MH 1998-01
M-1, Upgraded to Caa2 (sf); previously on Mar 30, 2009 Downgraded
to Caa3 (sf)
Issuer: Green Tree Financial Corporation MH 1998-07
M-1, Upgraded to Caa2 (sf); previously on Mar 30, 2009 Downgraded
to Ca (sf)
RATINGS RATIONALE
The rating actions reflect the current levels of credit enhancement
available to the bonds, the recent performance, analysis of the
transaction structures, Moody's updated loss expectations on the
underlying pools and Moody's revised loss-given-default expectation
for each bond.
Each of the bonds experiencing a rating change have either incurred
a missed or delayed disbursement of an interest payment or is
currently, or expected to become, undercollateralized, which may
sometimes be reflected by a reduction in principal (a write-down).
Moody's expectations of loss-given-default assesses losses
experienced and expected future losses as a percent of the original
bond balance.
No actions were taken on the other rated classes in these deals
because their expected losses remain commensurate with their
current ratings, after taking into account the updated performance
information, structural features, credit enhancement and other
qualitative considerations.
Principal Methodologies
The principal methodology used in these ratings was "US Residential
Mortgage-backed Securitizations: Surveillance" published in
December 2024.
Factors that would lead to an upgrade or downgrade of the ratings:
Up
Levels of credit protection that are higher than necessary to
protect investors against current expectations of loss could drive
the ratings of the subordinate bonds up. Losses could decline from
Moody's original expectations as a result of a lower number of
obligor defaults or appreciation in the value of the mortgaged
property securing an obligor's promise of payment. Transaction
performance also depends greatly on the US macro economy and
housing market.
Down
Levels of credit protection that are insufficient to protect
investors against current expectations of loss could drive the
ratings down. Losses could rise above Moody's expectations as a
result of a higher number of obligor defaults or deterioration in
the value of the mortgaged property securing an obligor's promise
of payment. Transaction performance also depends greatly on the US
macro economy and housing market. Other reasons for
worse-than-expected performance include poor servicing, error on
the part of transaction parties, inadequate transaction governance
and fraud.
Finally, performance of RMBS continues to remain highly dependent
on servicer procedures. Any change resulting from servicing
transfers or other policy or regulatory change can impact the
performance of these transactions. In addition, improvements in
reporting formats and data availability across deals and trustees
may provide better insight into certain performance metrics such as
the level of collateral modifications.
[] Resolution Financial Made Bankruptcy Options for Failing Firms
-----------------------------------------------------------------
Resolution Financial Advisors, LLC, has launched a service that
helps distressed companies navigate the final stages of their
business lifecycle with integrity, efficiency, and clarity.
Offering alternatives to traditional bankruptcy processes, it
delivers a hands-on approach to corporate wind-downs.
Resolution Financial Advisors
The boutique financial advisory has a mission to set a new standard
in distressed asset resolution. Based in Los Angeles but operating
nationwide, the firm serves boards of directors, executives,
investors, and lenders confronting the complex realities of failing
businesses. Resolution focuses on end-of-life cycle companies,
guiding them through structured exits, insolvency alternatives, and
orderly asset dispositions.
'Our service aligns with our mission to deliver thoughtful,
strategic resolution to companies at their most vulnerable moment,"
says David Johnson, co-founder and principal of Resolution
Financial Advisors. "There's often a better way to close a business
than defaulting to bankruptcy. We want to help clients understand
their options and choose a path that protects value, relationships,
and reputations."
Resolution's offering exemplifies a nuanced understanding of the
limitations and costs of traditional bankruptcy proceedings under
US federal law. For instance, Chapter 11 Bankruptcy allows
companies to continue operations while restructuring their debts.
"It can offer benefits, but it can also be expensive," says
Johnson. "It's also only ideal when there's a realistic pathway to
recovery, either through an operational turnaround or the sale of
assets to a buyer who prefers the bankruptcy route."
On the other hand, Chapter 7 uses a liquidation process where the
business ceases operations, and a court-appointed trustee takes
over the sale of assets. "The problem with this is that trustees
are usually legal professionals without the business experience to
monetize esoteric assets or operate businesses in wind-down mode,"
Johnson states.
Resolution Financial Advisors recognizes these gaps. Hence, it
developed a more strategic and business-savvy alternative. Its
approach emphasizes three non-bankruptcy mechanisms: foreclosure
assistance, receiverships, and a process known as an Assignment for
the Benefit of Creditors (ABC). ABC is one of Resolution's
comprehensive offerings in prioritizing value preservation, legal
compliance, and stakeholder dignity.
ABC enables a company to appoint a private fiduciary as a trustee
to liquidate assets and manage the wind-down on behalf of creditors
and shareholders, allowing for a more customized and controlled
exit. The trustee's dual role involves monetizing the company's
remaining assets, including intellectual property, equipment, and
receivables. It also entails executing the administrative shutdown,
including filing taxes, managing employee benefits and retirement,
and resolving environmental or legal obligations.
Adaptability is ABC's primary advantage. Resolution states that
every case is unique. However, most of the work, such as asset
sales, creditor notifications, and facility closures, can be
completed within 180 days. Resolution safeguards company records
and compliance matters long-term, supporting stakeholders for years
after the initial engagement. This continuity and attention to
detail ensure the company's closure is thorough, respectful, and
legally sound.
Resolution acknowledges the depth of its role in the process.
"We're brought in after the hard decisions have been made," says
Johnson. "It's an emotional time for founders, boards, and
employees, so we come in to execute with compassion, transparency,
and professionalism." Indeed, Resolution helps ease the pain and
honor the effort that has gone into building the business.
Resolution caters to various clients, from traditional retailers
and industrial firms to high-growth venture-backed startups in
Silicon Valley. The firm's approach remains the same regardless of
size or sector. It helps stabilize the situation, preserve as much
value as possible, and ensure an orderly exit that meets the legal
and ethical expectations of all involved.
For those unsure whether an ABC or other alternative is
appropriate, Johnson offers advice: "Our mantra at Resolution is
'know your options.' We do a lot of upfront consultations without
charge. Within a few days, we can assess your situation and present
a list of viable next steps."
Resolution's educational approach is crucial as more businesses
face tightening capital markets, lender fatigue, and unsustainable
burn rates. The company is active on LinkedIn, where it regularly
publishes content that demystifies the end-of-life corporate stage.
[] U.S. Chapter 7 Bankruptcies in April Jump 16% from Prior Year
----------------------------------------------------------------
The 30,961 individual Chapter 7 filings in April 2025 represented a
16 percent increase over the 26,781 filings recorded in April 2024,
according to data provided by Epiq AACER, the leading provider of
U.S. bankruptcy filing data.
Total individual bankruptcy filings increased 10 percent in April
2025, to 47,323, up from the April 2024 individual filing total of
43,030. The 16,246 individual chapter 13 filings in April 2025
represented a slight increase from the 16,175 individual chapter 13
filings last April.
"The 9 percent increase in total bankruptcy filings in April 2025,
particularly the 16 percent surge in individual chapter 7 filings,
reflects the mounting financial strain on households, elevated
prices, and higher borrowing costs," said Michael Hunter, Vice
President of Epiq AACER. "While commercial filings have softened,
the uptick in small business Subchapter V elections signals
persistent distress among smaller businesses navigating an
uncertain economic landscape.
"April 2025's data underscores a continued rise in individual
bankruptcies, with 47,323 filings driven by economic pressures like
inflation and geopolitical uncertainties," Hunter said. "Although
commercial Chapter 11 filings declined, the 4 percent growth in
subchapter V filings highlights the ongoing challenges for small
businesses seeking relief, pointing to a broader need for
accessible restructuring options."
Total bankruptcy filings were 49,588 in April 2025, a 9 percent
increase from the April 2024 total of 45,615. Conversely, total
April commercial filings dipped 12 percent to 2,265 from the 2,585
total commercial filings the previous year. Commercial chapter 11
bankruptcy filings decreased 20 percent in April 2025, declining to
434 from the 542 filings registered in April 2024. Small business
filings, however, captured as subchapter V elections within chapter
11, increased 4 percent in April 2025, to 218 from the 210 filings
recorded in April 2024.
"While filings still remain below pre-pandemic levels, elevated
prices, higher borrowing costs and uncertain geopolitical events
compound the economic challenges faced by families and businesses,"
said ABI Executive Director Amy Quackenboss. "We look forward to
providing Congress with the research, information and statistics to
re-establish higher debt thresholds for financially distressed
small businesses and consumers to access the fresh start of
bankruptcy."
ABI has partnered with Epiq Bankruptcy to provide the most current
bankruptcy filing data for analysts, researchers, and members of
the news media. Epiq Bankruptcy is the leading provider of data,
technology, and services for companies operating in the business of
bankruptcy. Its Bankruptcy Analytics subscription service provides
on-demand access to the industry's most dynamic bankruptcy data,
updated daily. Learn more at
https://bankruptcy.epiqglobal.com/analytics.
About Epiq
Epiq, a technology and services leader, takes on large-scale and
complex tasks for corporate legal departments, law firms, and
business professionals by integrating people, process, technology,
and data. Clients rely on Epiq to streamline legal and compliance,
settlement, and business administration workflows to drive
efficiency, minimize risk, and improve cost savings. With a
presence in 19 countries, our values define who we are and how we
partner with clients and communities. Learn how Epiq's
approximately 8,000 people worldwide create meaningful change at
www.epiqglobal.com.
About ABI
ABI is the largest multi-disciplinary, nonpartisan organization
dedicated to research and education on matters related to
insolvency. ABI was founded in 1982 to provide Congress and the
public with unbiased analysis of bankruptcy issues. The ABI
membership includes nearly 10,000 attorneys, accountants, bankers,
judges, professors, lenders, turnaround specialists and other
bankruptcy professionals, providing a forum for the exchange of
ideas and information. For additional information on ABI, visit
www.abi.org. For additional conference information, visit
http://www.abi.org/calendar-of-events.
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Marcus J Lewis
Bankr. D. Ariz. Case No. 25-03775
Chapter 11 Petition filed April 29, 2025
In re Sportif Ventures, LLC
Bankr. D. Ariz. Case No. 25-03763
Chapter 11 Petition filed April 29, 2025
See
https://www.pacermonitor.com/view/CSS2XKY/Sportif_Ventures_LLC__azbke-25-03763__0001.0.pdf?mcid=tGE4TAMA
represented by: Grant L. Cartwright, Esq.
MAY, POTENZA, BARAN & GILLESPIE, PC
E-mail: gcartwright@maypotenza.com
In re Juxtapose Hospitality Group Inc.
Bankr. N.D. Ga. Case No. 25-54709
Chapter 11 Petition filed April 29, 2025
See
https://www.pacermonitor.com/view/XYX4INY/Juxtapose_Hospitality_Group_Inc__ganbke-25-54709__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael D Robl, Esq.
ROBL & BOWEN LLC
E-mail: michael@roblgroup.com
In re Jennifer Eileen Badeaux
Bankr. E.D. La. Case No. 25-10850
Chapter 11 Petition filed April 29, 2025
represented by: Evan Howell, Esq.
In re Allen Marketing Group, Inc.
Bankr. D.N.J. Case No. 25-14414
Chapter 11 Petition filed April 29, 2025
See
https://www.pacermonitor.com/view/DNZQSWY/Allen_Marketing_Group_Inc__njbke-25-14414__0001.0.pdf?mcid=tGE4TAMA
represented by: Bruce Duke, Esq.
DUKE LAW FIRM
E-mail: bruce@bdukelawfirm.com
In re PPS Property 1213-1215 Putnam Ave. LLC
Bankr. D.N.J. Case No. 25-14409
Chapter 11 Petition filed April 29, 2025
See
https://www.pacermonitor.com/view/LTYVDTQ/PPS_Property_1213-1215_Putnam__njbke-25-14409__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert Nisenson, Esq.
LAW OFFICE OF ROBERT C. NISENSON, LLC
E-mail: r.nisenson@rcn-law.com
In re Cozy Nest Homes, LLC
Bankr. E.D.N.Y. Case No. 25-71669
Chapter 11 Petition filed April 29, 2025
See
https://www.pacermonitor.com/view/KJ5ZMRI/Cozy_Nest_Homes_LLC__nyebke-25-71669__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Jacob Post Inc.
Bankr. S.D.N.Y. Case No. 25-10854
Chapter 11 Petition filed April 29, 2025
See
https://www.pacermonitor.com/view/4MDXXAQ/Jacob_Post_Inc__nysbke-25-10854__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Trinity Automotive Service Center, LLC
Bankr. S.D. Ohio Case No. 25-11009
Chapter 11 Petition filed April 29, 2025
See
https://www.pacermonitor.com/view/TCUWF6Y/Trinity_Automotive_Service_Center__ohsbke-25-11009__0001.0.pdf?mcid=tGE4TAMA
represented by: Ira H. Thomsen, Esq.
THOMSEN LAW GROUP, LLC
E-mail: ithomsen@ihtlaw.com
In re LoZo Enterprises, LLC
Bankr. W.D. Pa. Case No. 25-21098
Chapter 11 Petition filed April 29, 2025
See
https://www.pacermonitor.com/view/2XRDYSY/LoZo_Enterprises_LLC__pawbke-25-21098__0001.0.pdf?mcid=tGE4TAMA
represented by: David Z. Valencik, Esq.
CALAIARO VALENCIK
E-mail: dvalencik@c-vlaw.com
In re Robert E. Klein and Kristy L. Klein
Bankr. E.D. Wisc. Case No. 25-22393
Chapter 11 Petition filed April 29, 2025
represented by: Daniel McGarry, Esq.
In re Treasa Mary Gavin
Bankr. N.D. Cal. Case No. 25-50652
Chapter 11 Petition filed April 30, 2025
represented by: Arasto Farsad, Esq.
In re Telcentris Inc
Bankr. S.D. Cal. Case No. 25-01733
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/VOGIUII/Telcentris_Inc__casbke-25-01733__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Reef Pools, LLC
Bankr. M.D. Fla. Case No. 25-02852
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/5Z2XCRY/Reef_Pools_LLC__flmbke-25-02852__0001.0.pdf?mcid=tGE4TAMA
represented by: Kevin Comer, Esq.
COMER LAW FIRM
E-mail: kevin@comer.work
In re Harmony Cove, LLC
Bankr. S.D. Fla. Case No. 25-14846
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/EN7S5DY/Harmony_Cove_LLC__flsbke-25-14846__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Becker-Pressente, LLC
Bankr. E.D. Mich. Case No. 25-20546
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/GIK7AQA/Becker-Pressente_LLC__miebke-25-20546__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Midwest Engineered Components, Inc.
Bankr. D. Minn. Case No. 25-31318
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/PQ6VMEA/MIDWEST_ENGINEERED_COMPONENTS__mnbke-25-31318__0001.0.pdf?mcid=tGE4TAMA
represented by: John D. Lamey III, Esq.
LAMEY LAW FIRM, P.A.
E-mail: JLAMEY@LAMEYLAW.COM
In re Salvatore Faenza
Bankr. D.N.J. Case No. 25-14559
Chapter 11 Petition filed April 30, 2025
represented by: Steven Pertuz, Esq.
THE LAW OFFICES OF STEVEN D. PERTUZ, LLC
Email: spertuz@pertuzlaw.com
In re Global Assets Management Co. of Albany, Inc.
Bankr. E.D.N.Y. Case No. 25-71681
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/M6OUYLY/Global_Assets_Management_Co_of__nyebke-25-71681__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Ditmars Equities LLC
Bankr. E.D.N.Y. Case No. 25-42113
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/NVWW3HA/Ditmars_Equities_LLC__nyebke-25-42113__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Balkan Logistics LLC
Bankr. N.D. Tex. Case No. 25-41545
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/EMYYM6Y/BALKAN_LOGISTICS_LLC__txnbke-25-41545__0001.0.pdf?mcid=tGE4TAMA
represented by: Joshua N. Eppich, Esq.
BONDS ELLIS EPPICH SCHAFER JONES LLP
E-mail: Joshua@bondsellis.com
In re BG Shop, LLC
Bankr. W.D. Wash. Case No. 25-41005
Chapter 11 Petition filed April 30, 2025
See
https://www.pacermonitor.com/view/BO2QS3Q/BG_Shop_LLC__wawbke-25-41005__0001.0.pdf?mcid=tGE4TAMA
represented by: Jennifer L. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
E-mail: courtmail@expresslaw.com
In re Vahe Vince Delakyan
Bankr. C.D. Cal. Case No. 25-10761
Chapter 11 Petition filed May 1, 2025
represented by: Michael Jay Berger, Esq.
In re Brian Wayne Brogie
Bankr. E.D. Cal. Case No. 25-22163
Chapter 11 Petition filed May 1, 2025
In re Capital Security Solutions, Inc.
Bankr. E.D. Cal. Case No. 25-22169
Chapter 11 Petition filed May 1, 2025
See
https://www.pacermonitor.com/view/5HJWKWA/Capital_Security_Solutions_Inc__caebke-25-22169__0001.0.pdf?mcid=tGE4TAMA
represented by: David C. Johnston, Esq.
DAVID C. JOHNSTON
E-mail: david@johnstonbusinesslaw.com
In re Fresh Start Development, Inc.
Bankr. M.D. Fla. Case No. 25-02855
Chapter 11 Petition filed May 1, 2025
See
https://www.pacermonitor.com/view/RTI7M5Y/Fresh_Start_Development_Inc__flmbke-25-02855__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Anciom, LLC
Bankr. S.D. Fla. Case No. 25-14970
Chapter 11 Petition filed May 1, 2025
See
https://www.pacermonitor.com/view/OMGSTFI/Anciom_LLC__flsbke-25-14970__0001.0.pdf?mcid=tGE4TAMA
represented by: Rachamin "Rocky" Cohen, Esq.
COHEN LEGAL SERVICES, PA
E-mail: rocky@lawcls.com
In re 630 Wayt, LLC
Bankr. N.D. Ga. Case No. 25-54827
Chapter 11 Petition filed May 1, 2025
See
https://www.pacermonitor.com/view/54M2YZA/630_Wayt_LLC__ganbke-25-54827__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Paramount Real Estate Investment Inc.
Bankr. N.D. Ill. Case No. 25-06788
Chapter 11 Petition filed May 1, 2025
See
https://www.pacermonitor.com/view/73ZZU7Q/Paramount_Real_Estate_Investment__ilnbke-25-06788__0001.0.pdf?mcid=tGE4TAMA
represented by: Joel Schechter, Esq.
LAW OFFICES OF JOEL A. SCHECHTER
E-mail: joelschechter1953@gmail.com
In re National Fence and Supply Co.
Bankr. D. Mass. Case No. 25-10914
Chapter 11 Petition filed May 1, 2025
See
https://www.pacermonitor.com/view/ALVEL2I/National_Fence_and_Supply_Co__mabke-25-10914__0001.0.pdf?mcid=tGE4TAMA
represented by: Hilmy Ismail, Esq.
LAW OFFICE OF HILMY ISMAIL
E-mail: hilmy@himyismaillaw.com
In re Bistro at Cherry Hill
Bankr. D.N.J. Case No. 25-14608
Chapter 11 Petition filed May 1, 2025
See
https://www.pacermonitor.com/view/AYDOMPQ/Bistro_at_Cherry_Hill__njbke-25-14608__0001.0.pdf?mcid=tGE4TAMA
represented by: Mark Cherry, Esq.
MARK S CHERRY ATTORNEY AT LAW PC
E-mail: mc@markcherrylaw.com
In re Fatema & Salma LLC
Bankr. E.D.N.Y. Case No. 25-42135
Chapter 11 Petition filed May 1, 2025
See
https://www.pacermonitor.com/view/WH3JQCI/Fatema__Salma_LLC__nyebke-25-42135__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re CM Custom Siding, LLC
Bankr. E.D. Ark. Case No. 25-11515
Chapter 11 Petition filed May 2, 2025
See
https://www.pacermonitor.com/view/SU4ZO5Y/CM_Custom_Siding_LLC__arebke-25-11515__0001.0.pdf?mcid=tGE4TAMA
represented by: Vanessa Cash Adams, Esq.
AR LAW PARTNERS, PLLC
E-mail: vanessa@arlawpartners.com
In re Avi Schwalb
Bankr. D. Colo. Case No. 25-12666
Chapter 11 Petition filed May 2, 2025
represented by: Jeffrey Weinman, Esq.
ALLEN VELLONE WOLF HELFRICH & FACTOR P.C.
In re Ameri-Dent Dental Laboratory LLC
Bankr. M.D. Fla. Case No. 25-02876
Chapter 11 Petition filed May 2, 2025
See
https://www.pacermonitor.com/view/SY7ONHI/Ameri-Dent_Dental_Laboratory_LLC__flmbke-25-02876__0001.0.pdf?mcid=tGE4TAMA
represented by: James W. Elliott, Esq.
MCINTYRE THANASIDES BRINGGOLD ELLIOTT,
ET AL.
E-mail: James@mcintyrefirm.com
In re Adam Christopher Barnes and Lauren Danielle Barnes
Bankr. M.D. Fla. Case No. 25-02628
Chapter 11 Petition filed May 2, 2025
represented by: Daniel A Velasquez, Esq.
In re Ocean Five Condominium Association, Inc.
Bankr. S.D. Fla. Case No. 25-15015
Chapter 11 Petition filed May 2, 2025
See
https://www.pacermonitor.com/view/23WNL4Q/Ocean_Five_Condominium_Assn_Inc__flsbke-25-15015__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert C Meyer, Esq.
MEYER & NUNEZ PA
E-mail: meyerrobertc@cs.com
In re Max Kuttler
Bankr. D. Idaho Case No. 25-40294
Chapter 11 Petition filed May 2, 2025
represented by: Steven Taggart, Esq.
In re VAS 15 Holding Corporation
Bankr. E.D.N.Y. Case No. 25-42151
Chapter 11 Petition filed May 2, 2025
See
https://www.pacermonitor.com/view/CTNF5EY/VAS_15_Holding_Corporation__nyebke-25-42151__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re H & M Fine Art and Custom Framing Corporation
Bankr. E.D.N.Y. Case No. 25-71718
Chapter 11 Petition filed May 2, 2025
See
https://www.pacermonitor.com/view/ABFMF4A/H__M_Fine_Art_and_Custom_Framing__nyebke-25-71718__0001.0.pdf?mcid=tGE4TAMA
represented by: Thomas A. Farinella, Esq.
LAW OFFICE OF THOMAS A. FARINELLA, PC
E-mail: tf@lawtaf.com
In re Julio M. Jimenez
Bankr. S.D.N.Y. Case No. 25-10908
Chapter 11 Petition filed May 2, 2025
represented by: Norma Ortiz, Esq.
In re Pavani Reddy Baddam
Bankr. S.D. Ohio Case No. 25-51916
Chapter 11 Petition filed May 2, 2025
represented by: Patricia Friesinger, Esq.
In re Erie Kash Out Properties LLC
Bankr. E.D. Pa. Case No. 25-11729
Chapter 11 Petition filed May 2, 2025
See
https://www.pacermonitor.com/view/DF337AQ/Erie_Kash_Out_Properties_LLC__paebke-25-11729__0001.0.pdf?mcid=tGE4TAMA
represented by: Brad Sadek, Esq.
SADEK LAW OFFICES
E-mail: Brad@sadeklaw.com
In re Brokenstraw Valley Winery, LLC
Bankr. W.D. Pa. Case No. 25-10249
Chapter 11 Petition filed May 2, 2025
See
https://www.pacermonitor.com/view/QPOWMEI/Brokenstraw_Valley_Winery_LLC__pawbke-25-10249__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Sean Michael Walters
Bankr. W.D. Pa. Case No. 25-21144
Chapter 11 Petition filed May 2, 2025
represented by: Renee Kuruce, Esq.
ROBLETO KURUCE, PLLC
Email: info@robletolaw.com
In re Ernst Huckelhofen
Bankr. D.P.R. Case No. 25-02001
Chapter 11 Petition filed May 2, 2025
represented by: Alexis Betancourt Vincenty, Esq.
LUGO MENDER GROUP LLC
In re Ernst Huckelhofen
Bankr. D.P.R. Case No. 25-02001
Chapter 11 Petition filed May 2, 2025
represented by: Alexis Betancourt Vincenty, Esq.
LUGO MENDER GROUP LLC
In re Phoenix Rose, LLC
Bankr. M.D. Tenn. Case No. 25-01893
Chapter 11 Petition filed May 2, 2025
See
https://www.pacermonitor.com/view/HTEGCQA/PHOENIX_ROSE_LLC__tnmbke-25-01893__0001.0.pdf?mcid=tGE4TAMA
represented by: Jay R. Lefkovitz, Esq.
LEFKOVITZ & LEFKOVITZ, PLLC
E-mail: jlefkovitz@lefkovitz.com
In re Garrett Christopher Spann and Jennnifer Valencia Spann
Bankr. D. Ariz. Case No. 25-04037
Chapter 11 Petition filed May 5, 2025
represented by: Patrick F. Keery, Esq.
KEERY MCCUE, PLLC
E-mail: pfk@keerymccue.com
In re Silverstone Southeast Investment LLC
Bankr. S.D. Fla. Case No. 25-15028
Chapter 11 Petition filed May 5, 2025
See
https://www.pacermonitor.com/view/A4GIGSQ/Silverstone_Southeast_Investment__flsbke-25-15028__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Travel Hub, LLC
Bankr. N.D. Ga. Case No. 25-55030
Chapter 11 Petition filed May 5, 2025
See
https://www.pacermonitor.com/view/VUTRJCQ/Travel_Hub_LLC__ganbke-25-55030__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Wesley Bernard Norman, Jr.
Bankr. N.D. Ga. Case No. 25-55039
Chapter 11 Petition filed May 5, 2025
represented by: Mark Gensburg, Esq.
JONES & WALDEN LLC
In re Ann Aguero Ractliffe and Richard Alban Ractliffe
Bankr. N.D. Ga. Case No. 25-55060
Chapter 11 Petition filed May 5, 2025
represented by: Leslie Pineyro, Esq.
JONES & WALDEN LLC
In re David Lewi Emmanuel Stockman
Bankr. E.D. Mich. Case No. 25-20567
Chapter 11 Petition filed May 5, 2025
In re Buffalo House Liquor and Wines, LLC
Bankr. W.D.N.Y. Case No. 25-10513
Chapter 11 Petition filed May 5, 2025
See
https://www.pacermonitor.com/view/B2IPJOQ/Buffalo_House_Liquor_and_Wines__nywbke-25-10513__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert B. Gleichenhaus, Esq.
GLEICHENHAUS, MARCHESE & WEISHAAR, P.C.
In re Niranjan N Patel
Bankr. S.D. Ohio Case No. 25-51932
Chapter 11 Petition filed May 5, 2025
represented by: Tami Kirby, Esq.
In re Richard Kenneth Boehler
Bankr. N.D. Tex. Case No. 25-41627
Chapter 11 Petition filed May 5, 2025
represented by: Deanna Chambers, Esq.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
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